54552 Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Notices 

6 17 CFR 36, Appendix A. 

7 44 U.S.C. 3507(d). 

8 7 U.S.C. 19(a). 

subject contract was substantial. In 

regard to price linkage, the final 

settlement of the NWR contract is based, 

in part, on the final settlement price of 

the NYMEX’s physically-delivered 

natural gas contract, where the NYMEX 

is registered with the Commission as a 

designated contract market (‘‘DCM’’). In 

regard to material price reference, while 

it did not specifically address the 

natural gas contracts under review, the 

ECM Study stated that, in general, 

market participants view the ICE as a 

price discovery market for certain 

natural gas contracts. Natural gas 

contracts based on actively-traded hubs 

are transacted on the ICE’s electronic 

trading platform, with the remainder 

being completed over-the-counter and 

potentially submitted for clearing by 

voice brokers. In addition, the ICE sells 

its price data to market participants in 

a number of different packages which 

vary in terms of the hubs covered, time 

periods, and whether the data are daily 

only or historical. For example, the ICE 

offers the ‘‘West Gas End of Day’’ and 

‘‘OTC Gas End of Day’’ data packages 

with access to all price data or just 12, 

24, 36, or 48 months of historical data. 

III. Request for Comment 

In evaluating whether an ECM’s 

agreement, contract, or transaction 

performs a significant price discovery 

function, section 2(h)(7) of the CEA 

directs the Commission to consider, as 

appropriate, four specific criteria: Price 

linkage, arbitrage, material price 

reference, and material liquidity. As it 

explained in Appendix A to the Part 36 

rules,6 the Commission, in making 

SPDC determinations, will apply and 

weigh each factor, as appropriate, to the 

specific contract and circumstances 

under consideration. 

As part of its evaluation, the 

Commission will consider the written 

data, views, and arguments from any 

ECM that lists the potential SPDC and 

from any other interested parties. 

Accordingly, the Commission requests 

comment on whether the ICE’s NWR 

contract performs a significant price 

discovery function. Commenters’ 

attention is directed particularly to 

Appendix A of the Commission’s Part 

36 rules for a detailed discussion of the 

factors relevant to a SPDC 

determination. The Commission notes 

that comments which analyze the 

contracts in terms of these factors will 

be especially helpful to the 

determination process. In order to 

determine the relevance of comments 

received, the Commission requests that 

commenters explain in what capacity 

are they knowledgeable about one or 

several of the subject contracts. 

IV. Related Matters 

A. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(‘‘PRA’’) 7 imposes certain requirements 

on federal agencies, including the 

Commission, in connection with their 

conducting or sponsoring any collection 

of information, as defined by the PRA. 

Certain provisions of final Commission 

rule 36.3 impose new regulatory and 

reporting requirements on ECMs, 

resulting in information collection 

requirements within the meaning of the 

PRA; OMB previously has approved and 

assigned OMB control number 3038– 

0060 to this collection of information. 

B. Cost-Benefit Analysis 

Section 15(a) of the CEA 8 requires the 

Commission to consider the costs and 

benefits of its actions before issuing an 

order under the Act. By its terms, 

section 15(a) does not require the 

Commission to quantify the costs and 

benefits of such an order or to determine 

whether the benefits of such an order 

outweigh its costs; rather, it requires 

that the Commission ‘‘consider’’ the 

costs and benefits of its action. Section 

15(a) further specifies that the costs and 

benefits shall be evaluated in light of 

five broad areas of market and public 

concern: (1) Protection of market 

participants and the public; (2) 

efficiency, competitiveness, and 

financial integrity of futures markets; (3) 

price discovery; (4) sound risk 

management practices; and (5) other 

public interest considerations. 

The bulk of the costs imposed by the 

requirements of Commission Rule 36.3 

relate to significant and increased 

information-submission and reporting 

requirements adopted in response to the 

Reauthorization Act’s directive that the 

Commission take an active role in 

determining whether contracts listed by 

ECMs qualify as SPDCs. The enhanced 

requirements for ECMs will permit the 

Commission to acquire the information 

it needs to discharge its newlymandated responsibilities and to ensure 

that ECMs with SPDCs are identified as 

entities with the elevated status of 

registered entity under the CEA and are 

in compliance with the statutory terms 

of the core principles of section 

2(h)(7)(C) of the Act. The primary 

benefit to the public is to enable the 

Commission to discharge its statutory 

obligation to monitor for the presence of 

SPDCs and extend its oversight to the 

trading of SPDCs. 

Issued in Washington, DC, on October 14, 

2009 by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. E9–25239 Filed 10–21–09; 8:45 am] 

BILLING CODE P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Establishment of a Public Consumer 

Product Safety Incident Database; 

Notice of Hearing 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of public hearing. 

SUMMARY: The Consumer Product Safety 

Commission (Commission) will conduct 

a public hearing to receive views from 

all interested parties on Section 212 of 

the Consumer Product Safety 

Improvement Act of 2008 (CPSIA), 

Establishment of a Public Consumer 

Product Safety Incident Database. 

Participation by members of the public 

is invited. Oral presentations 

concerning the Commission’s 

implementation of Section 212 of the 

Consumer Product Safety Improvement 

Act of 2008 (CPSIA), Establishment of a 

Public Consumer Product Safety 

Incident Database, will become part of 

the public record. 

DATES: The hearing will begin at 9 a.m. 

on November 10, 2009. Requests to 

make oral presentations and the written 

text of any oral presentations must be 

received by the Office of the Secretary 

not later than 5 p.m. Eastern Standard 

Time (EST) on November 3, 2009. 

ADDRESSES: The hearing will be in the 

Hearing Room, 4th Floor of the Bethesda 

Towers Building, 4330 East West 

Highway, Bethesda, Maryland 20814. 

Requests to make oral presentations can 

be made online at http://www.cpsc.gov/ 

cgibin/dbmeeting.aspx or, send an email, call, or write Todd A. Stevenson, 

Office of the Secretary, Consumer 

Product Safety Commission, 4330 East 

West Highway, Bethesda, Maryland 

20814; e-mail cpsc-os@cpsc.gov; 

telephone (301) 504–7923; facsimile 

(301) 504–0127 not later than 5 p.m. 

EST on November 3, 2009. Texts of oral 

presentations should be captioned 

‘‘Establishment of a Public Consumer 

Product Safety Incident Database’’ and 

sent by electronic mail (e-mail) to cpscos@cpsc.gov, or mailed or delivered to 

the Office of the Secretary, Consumer 

Product Safety Commission, 4330 East 

West Highway, Bethesda, Maryland 

20814, not later than 5 p.m. EST on 

November 3, 2009. 


dcolon on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 203 / Thursday, October 22, 2009 / Notices 54553 

FOR FURTHER INFORMATION CONTACT: For 

information about the hearing or to 

request an opportunity to make an oral 

presentation, please register online at 

http://www.cpsc.gov/cgibin/ 

dbmeeting.aspx or, send an e-mail, call, 

or write Todd A. Stevenson, Office of 

the Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814; e-mail cpscos@cpsc.gov; telephone (301) 504–7923; 

facsimile (301) 504–0127. An electronic 

copy of the CPSC ‘‘Report to Congress 

Pursuant to Section 212 of the 

Consumer Product Safety Improvement 

Act of 2008, Implementation of a 

Searchable Consumer Product Safety 

Incident Database’’ can be found at 

http://www.cpsc.gov/about/cpsia/ 

sect212.html. 

SUPPLEMENTARY INFORMATION: On August 

14, 2008, the Consumer Product Safety 

Improvement Act of 2008 (Pub. L. 110– 

314) became law. Section 212 of the 

CPSIA amended the Consumer Product 

Safety Act (CPSA) to create a new 

section 6A, titled ‘‘Publicly Available 

Consumer Product Safety Information 

Database.’’ Section 6A(a)(1) of the CPSA 

states that the Commission, subject to 

appropriations, shall ‘‘establish and 

maintain a database on the safety of 

consumer products, and other products 

or substances’’ regulated by the 

Commission. The statute declares that 

the database must be publicly available, 

searchable, and accessible through the 

Commission’s Web site. 

The Commission will conduct a 

public hearing on November 10, 2009, 

to hear oral comments from interested 

parties concerning the Commission’s 

establishment of a searchable consumer 

product safety incident database. 

Persons who desire to make oral 

presentations at the hearing on 

November 10, 2009, should register 

online at http://www.cpsc.gov/cgibin/ 

dbmeeting.aspx or, send an e-mail, call, 

or write Todd A. Stevenson, Office of 

the Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814, e-mail cpscos@cpsc.gov, telephone (301) 504–7923, 

facsimile (301) 504–0127 not later than 

5 p.m. EST on November 3, 2009. 

Presentations should be limited to 

approximately ten minutes. 

Persons desiring to make 

presentations must submit the text of 

their presentations to the Office of the 

Secretary not later than 5 p.m. EST on 

November 3, 2009. The Commission 

reserves the right to impose further time 

limitations on all presentations and 

further restrictions to avoid duplication 

of presentations. The hearing will begin 

at 9 a.m. EST on November 10, 2009, 

and will conclude the same day. 

Dated: October 16, 2009. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. E9–25420 Filed 10–21–09; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Defense Logistics Agency 

Membership of the Defense Logistics 

Agency (DLA) Senior Executive 

Service (SES) Performance Review 

Board (PRB) 

AGENCY: Defense Logistics Agency, 

Department of Defense. 

ACTION: Notice of membership—2009 

DLA PRB. 

SUMMARY: This notice announces the 

appointment of members to the Defense 

Logistics Agency Senior Executive 

Service (SES) Performance Review 

Board (PRB). The publication of PRB 

composition is required by 5 U.S.C. 

4314(c)(4). The PRB provides fair and 

impartial review of Senior Executive 

Service performance appraisals and 

makes recommendations to the Director, 

Defense Logistics Agency (DLA), with 

respect to pay level adjustments and 

performance awards and other actions 

related to management of the SES cadre. 

DATES: Effective Date: September 16, 

2009. 

ADDRESSES: Defense Logistics Agency, 

8725 John J. Kingman Road, Suite 2533, 

Fort Belvoir, Virginia 22060–6221. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Julie Brown, SES Program Manager, 

Human Resources (J–1), Defense 

Logistics Agency, Department of 

Defense, (703) 767–5041. 

SUPPLEMENTARY INFORMATION: In 

accordance with 5 U.S.C. 4314(c)(4), the 

following are the names and titles of 

DLA career executives appointed to 

serve as members of the SES PRB. 

Members will serve a 12-month term, 

which begins on September 16, 2009. 

PRB Chair: Major General Timothy 

McHale, USA. 

Members: Vacant, Director, Human 

Resources (Non-Voting Member); Mr. J. 

Anthony Poleo, Director, Financial 

Operations; Ms. Mae DeVincentis, 

Director, Information Operations. 

A.S. Thompson, 

Director, Defense Logistics Agency. 

[FR Doc. E9–25300 Filed 10–21–09; 8:45 am] 

BILLING CODE 3620–01–M 

DEPARTMENT OF EDUCATION 

Notice of Proposed Information 

Collection Requests 

AGENCY: Department of Education. 

SUMMARY: The Director, Information 

Collection Clearance Division, 

Regulatory Information Management 

Services, Office of Management, invites 

comments on the proposed information 

collection requests as required by the 

Paperwork Reduction Act of 1995. 

DATES: Interested persons are invited to 

submit comments on or before 

December 21, 2009. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35) requires 

that the Office of Management and 

Budget (OMB) provide interested 

Federal agencies and the public an early 

opportunity to comment on information 

collection requests. OMB may amend or 

waive the requirement for public 

consultation to the extent that public 

participation in the approval process 

would defeat the purpose of the 

information collection, violate State or 

Federal law, or substantially interfere 

with any agency’s ability to perform its 

statutory obligations. The Director, 

Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of 

Management, publishes that notice 

containing proposed information 

collection requests prior to submission 

of these requests to OMB. Each 

proposed information collection, 

grouped by office, contains the 

following: (1) Type of review requested, 

e.g. new, revision, extension, existing or 

reinstatement; (2) Title; (3) Summary of 

the collection; (4) Description of the 

need for, and proposed use of, the 

information; (5) Respondents and 

frequency of collection; and (6) 

Reporting and/or Recordkeeping 

burden. OMB invites public comment. 

The Department of Education is 

especially interested in public comment 

addressing the following issues: (1) Is 

this collection necessary to the proper 

functions of the Department; (2) will 

this information be processed and used 

in a timely manner; (3) is the estimate 

of burden accurate; (4) how might the 

Department enhance the quality, utility, 

and clarity of the information to be 

collected; and (5) how might the 

Department minimize the burden of this 

collection on the respondents, including 

through the use of information 

technology. 


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