Agency Information Collection Activities: Rules Relating to Regulation of Domestic Exchange-Traded Options, 66845-66847 [E8-26834]
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Federal Register / Vol. 73, No. 219 / Wednesday, November 12, 2008 / Notices
et seq.) requires the identification and
description of EFH in FMPs and the
consideration of actions to ensure the
conservation and enhancement of such
habitat. The EFH regulatory guidelines
(50 CFR 600.815) state that NMFS
should periodically review and revise
EFH, as warranted, based on available
information.
Draft Amendment 1 considers
alternatives for revising EFH,
designating a new Habitat Area of
Particular Concern (HAPC) for bluefin
tuna spawning areas in the Gulf of
Mexico, and analyzes fishing impacts on
EFH.
Due to the timing of the South
Atlantic Fishery Management Council’s
meeting at the beginning of December,
NMFS is extending the comment period
to provide additional opportunity for
the South Atlantic Fishery Management
Council, and other interested parties to
comment on Draft Amendment 1.
Copies of Draft Amendment 1 to the
Consolidated HMS FMP are available
for review (see ADDRESSES). NMFS
anticipates completing this document
and any related documents by the
summer of 2009.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 4, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–26852 Filed 11–10–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
Commerce Spectrum Management
Advisory Committee Meeting
National Telecommunications
and Information Administration (NTIA),
Department of Commerce (DOC)
ACTION: Notice of Open Meeting
AGENCY:
This notice announces a
public meeting of the Spectrum
Management Advisory Committee
(Committee). The Committee provides
advice to the Assistant Secretary for
Communications and Information on
spectrum management matters.
DATES: The meeting will be held on
December 4, 2008, from 9:30 a.m. to
12:30 p.m., Eastern Standard Time.
ADDRESSES: The meeting will be held at
the United States Department of
Commerce, 1401 Constitution Ave.
N.W., Room 5855 (the Secretary’s
Conference Room), Washington, DC
20230. Public comments may be mailed
mstockstill on PROD1PC66 with NOTICES
SUMMARY:
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to Commerce Spectrum Management
Advisory Committee, National
Telecommunications and Information
Administration, 1401 Constitution
Avenue N.W., Room 4725, Washington,
DC 20230 or emailed to
spectrumadvisory@ntia.doc.gov.
FOR FURTHER INFORMATION CONTACT: Eric
Stark, Designated Federal Officer, at
(202) 482–1880 or estark@ntia.doc.gov;
Joe Gattuso at (202) 482–0977 or
jgattuso@ntia.doc.gov; and/or visit
NTIA’s web site at www.ntia.doc.gov.
SUPPLEMENTARY INFORMATION:
Background: The Secretary of
Commerce established the Committee to
implement a recommendation of the
President’s Initiative on Spectrum
Management pursuant to the President’s
November 29, 2004 Memorandum for
the Heads of Executive Departments
andAgencies on the subject of
‘‘Spectrum Management for the 21st
Century.’’1 This Committee is subject to
the Federal Advisory Committee Act
(FACA), 5 U.S.C. App. 2, and is
consistent with the National
Telecommunications and Information
Administration Act, 47 U.S.C. § 904(b).
The Committee provides advice to the
Assistant Secretary of Commerce for
Communications and Information on
needed reforms to domestic spectrum
policies and management to enable the
introduction of new spectrumdependent technologies and services,
including long-range spectrum planning
and policy reforms for expediting the
American public’s access to broadband
services, public safety, and digital
television. The Committee functions
solely as an advisory body in
compliance with the FACA.
Matters to Be Considered: The
Committee will consider a transition
report and any remaining reports of its
Technical Sharing Efficiencies and
Operational Sharing Efficiencies
subcommittees. It will provide an
opportunity for public comment at the
meeting.
Time and Date: The meeting will be
held on December 4, 2008, from 9:30
a.m. to 12:30 p.m. Eastern Standard
Time. The times and the agenda topics
are subject to change. Please refer to
NTIA’s web site, https://www.ntia
.doc.gov, for the most up-to-date
meeting agenda.
Place: The meeting will be held at the
United States Department of Commerce,
1401 Constitution Ave. N.W., Room
5855 (the Secretary’s Conference Room),
Washington, DC 20230. The meeting
1 President’s Memorandum on Improving
Spectrum Management for the 21st Century, 49
Weekly Comp. Pres. Doc. 2875 (Nov. 29,
2004)(Executive Memorandum).
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66845
will be open to the public and press on
a first-come, first-served basis. Space is
limited. The public meeting is
physically accessible to people with
disabilities. Individuals requiring
special services, such as sign language
interpretation or other ancillary aids, are
asked to notify Mr. Gattuso, at (202)
482–0977 or jgattuso@ntia.doc.gov, at
least five (5) business days before the
meeting.
Status: Interested parties are invited
to attend and to submit written
comments with the Committee at any
time before or after a meeting. Parties
wishing to submit written comments for
consideration by the Committee in
advance of this meeting should send
them to the above-listed address and
must be received by close of business on
December 1, 2008, to provide sufficient
time for review. Comments received
after December 1, 2008, will be
distributed to the Committee but may
not be reviewed prior to the meeting. It
would be helpful if paper submissions
also include a three and one-half inch
computer diskette in HTML, ASCII,
Word or WordPerfect format (please
specify version). Diskettes should be
labeled with the name and
organizational affiliation of the filer, and
the name of the word processing
program used to create the document.
Alternatively, comments may be
submitted electronically to
spectrumadvisory@ntia.doc.gov.
Comments provided via electronic mail
may also be submitted in one or more
of the formats specified above.
Records: NTIA maintains records of
all Committee proceedings. Committee
records are available for public
inspection at NTIA’s office at the
address above. Documents including the
Committee’s charter, membership list,
agendas, minutes, and any reports are
available on NTIA’s Committee web
page at https://www.ntia.doc.gov/
advisory/spectrum.
Dated: November 6, 2008.
Kathy D. Smith,
Chief Counsel, National Telecommunications
and Information Administration.
[FR Doc. E8–26871 Filed 11–10–08; 8:45 am]
BILLING CODE 3510–60–S
COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Rules Relating to Regulation
of Domestic Exchange-Traded Options
Commodity Futures Trading
Commission.
AGENCY:
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66846
Federal Register / Vol. 73, No. 219 / Wednesday, November 12, 2008 / Notices
Extension of an Existing
Collection.
ACTION:
SUMMARY: The Commodity Futures
Trading Commission (CFTC) is
announcing an opportunity for public
comment on the proposed collection of
certain information by the agency.
Under the Paperwork Reduction Act of
1995 (PRA), 44 U.S.C. 3501 et seq.,
Federal agencies are required to publish
notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension of an existing collection of
information, and to allow 60 days for
public comment in response to the
notice. This notice solicits comments on
rules related to risk disclosure
concerning exchange-traded commodity
options.
DATES: Comments must be submitted on
or before January 12, 2009.
ADDRESSES: Comments may be mailed to
William Penner, Division of Clearing
and Intermediary Oversight, U.S.
Commodity Futures Trading
Commission, 1155 21st Street, NW.,
Washington, DC 20581.
FOR FURTHER INFORMATION CONTACT:
William Penner, (202) 418–5407; Fax:
(202) 418–5536; e-mail:
wpenner@cftc.gov.
Under the
PRA, Federal agencies must obtain
SUPPLEMENTARY INFORMATION:
approval from the Office of Management
and Budget (OMB) for each collection of
information they conduct or sponsor.
‘‘Collection of information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests
or requirements that members of the
public submit reports, keep records, or
provide information to a third party.
Section 3506(c)(2)(A) of the PRA, 44
U.S.C. 3506(c)(2)(A), requires Federal
agencies to provide a 60-day notice in
the Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information,
before submitting the collection to OMB
for approval. To comply with this
requirement, the CFTC is publishing
notice of the proposed collection of
information listed below.
With respect to the following
collection of information, the CFTC
invites comments on:
• Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information will have a practical use;
• The accuracy of the Commission’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
• Ways to enhance the quality,
usefulness, and clarity of the
information to be collected; and
• Ways to minimize the burden of
collection of information on those who
are to respond, including through the
use of appropriate automated electronic,
mechanical, or other technological
collection techniques or other forms of
information technology; e.g., permitting
electronic submission of responses.
Rules Relating to Regulation of
Domestic Exchange-Traded Options,
OMB Control Number 3038–0007—
Extension
The rules require futures commission
merchants and introducing brokers: (1)
To provide their customers with
standard risk disclosure statements
concerning the risk of trading
commodity interests; and (2) to retain
all promotional material and the source
of authority for information contained
therein. The purpose of these rules is to
ensure that customers are advised of the
risks of trading commodity interests and
to avoid fraud and misrepresentation.
This information collection contains the
recordkeeping and reporting
requirements needed to ensure
regulatory compliance with Commission
rules relating to this issue.
The Commission estimates the burden
of this collection of information as
follows:
ESTIMATED ANNUAL REPORTING BURDEN
Estimated
number of respondents or
recordkeepers
per year
Regulation
Reporting:
38.3, 38.4, 40.2 and 40.3 (Procedure for designation or self-certification) ......................................
33.7—(Risk disclosure) .........................................
Reports
annually by
each
respondent
Estimated
average number of hours
per response
Total annual
responses
Estimated total
number of
hours of
annual burden
in fiscal year
13.00
175.00
2.00
115.00
26.00
20,125.00
25.00
0.08
650.00
1,610.00
188.00
........................
20,151.00
........................
2,260.00
225.00
........................
1.00
........................
225.00
........................
25.00
........................
5,625.00
........................
Grand total (reporting and recordkeeping) ...........................
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Subtotal (reporting requirements) ...........
Recordkeeping:
33.8—(Retention of promotional material) ............
Subtotal (recordkeeping requirements) ...
413.00
........................
20,376.00
........................
7,785.00
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Federal Register / Vol. 73, No. 219 / Wednesday, November 12, 2008 / Notices
There are no capital costs or operating
and maintenance costs associated with
this collection.
Dated: November 5, 2008.
David A. Stawick,
Secretary of the Commission.
[FR Doc. E8–26834 Filed 11–10–08; 8:45 am]
BILLING CODE 6351–01–P
COMMODITY FUTURES TRADING
COMMISSION
Proposal To Exempt, Pursuant to the
Authority in Section 4(c) of the
Commodity Exchange Act, the Trading
and Clearing of Certain Products
Related to iShares COMEX Gold
Trust Shares and iShares Silver Trust
Shares
Commodity Futures Trading
Commission.
ACTION: Notice of proposed order and
request for comment.
mstockstill on PROD1PC66 with NOTICES
AGENCY:
SUMMARY: The Commodity Futures
Trading Commission (‘‘CFTC’’ or the
‘‘Commission’’) is proposing to exempt
the trading and clearing of certain
contracts called ‘‘options’’ and other
contracts called ‘‘security futures’’ on
each of iShares COMEX Gold Trust
Shares (‘‘Gold Products’’) and iShares
Silver Trust Shares (‘‘Silver Products’’)
(collectively, ‘‘Gold and Silver
Products’’), proposed to be traded on
national securities exchanges (as to
options) and designated contract
markets registered with the Securities
and Exchange Commission (‘‘SEC’’) as
limited purpose national securities
associations (as to security futures), and
in either case cleared through the
Options Clearing Corporation (‘‘OCC’’)
in its capacity as a registered securities
clearing agency, from the provisions of
the Commodity Exchange Act (‘‘CEA’’) 1
and the regulations thereunder, to the
extent necessary to permit them to be so
traded and cleared. Authority for this
exemption is found in Section 4(c) of
the CEA.2
DATES: Comments must be received on
or before November 19, 2008.
ADDRESSES: Comments may be
submitted by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: secretary@cftc.gov. Include
‘‘Options and Security Futures on Gold
and Silver Products’’ in the subject line
of the message.
• Fax: 202–418–5521.
17
27
U.S.C. 1 et seq.
U.S.C. 6(c).
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18:30 Nov 10, 2008
Jkt 217001
• Mail: Send to David A. Stawick,
Secretary, Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street, NW., Washington, DC
20581.
• Courier: Same as mail above.
All comments received will be posted
without change to https://
www.CFTC.gov/.
FOR FURTHER INFORMATION CONTACT:
Robert B. Wasserman, Associate
Director, 202–418–5092,
rwasserman@cftc.gov, Division of
Clearing and Intermediary Oversight,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1151 21st Street, NW., Washington, DC
20581.
SUPPLEMENTARY INFORMATION:
I. Introduction
The OCC is both a Derivatives
Clearing Organization (‘‘DCO’’)
registered pursuant to Section 5b of the
CEA,3 and a securities clearing agency
registered pursuant to Section 17A of
the Securities Exchange Act of 1934
(‘‘the ’34 Act’’).4
OCC has filed with the CFTC,
pursuant to Section 5c(c) of the CEA
and Commission Regulations 39.4(a)
and 40.5 thereunder,5 requests for
approval of rules and rule amendments
that would enable OCC (1) to clear and
settle contracts called ‘‘options’’
(‘‘Options’’) on Gold and Silver
Products traded on national securities
exchanges, in its capacity as a registered
securities clearing agency (and not in its
capacity as a DCO) and (2) to clear and
settle contracts called ‘‘security futures’’
(‘‘Security Futures’’) on Gold and Silver
Products traded on designated contract
markets 6 registered with the SEC as
limited purpose national securities
associations pursuant to Section 15A(k)
of the ’34 Act 7 (‘‘DCMs’’) as security
futures subject to the CEA and CFTC
regulations thereunder governing
security futures, in either case in OCC’s
capacity as a registered securities
clearing agency (and not in its capacity
as a DCO).8 Section 5c(c)(3) provides
that the CFTC must approve such rules
and rule amendments submitted for
approval unless it finds that the rules or
rule amendments would violate the
CEA.
The request for approval concerning
the Options and Security Futures on
37
U.S.C. 7a–1.
U.S.C. 78q–1.
5 7 U.S.C. 7a–2(c), 17 CFR 39.4(a), 40.5.
6 See Section 5 of the CEA, 7 U.S.C. 7.
7 15 U.S.C. 78o–3(k).
8 See SR–OCC–2008–13 and SR–OCC–2008–14.
OCC has also filed these proposed rule changes
with the Securities and Exchange Commission
(‘‘SEC’’).
4 15
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66847
Gold and Silver Products was filed
effective July 23, 2008. By letter dated
August 20, 2008, the Director of the
Division of Clearing and Intermediary
Oversight, pursuant to delegated
authority, extended the review period of
the request until October 21, 2008 due
to the novel and complex issues raised
by the products that are the subject of
the request. By letter dated October 16,
2008, OCC consented to an extension of
the review period until November 20,
2008.
II. Section 4(c) of the Commodity
Exchange Act
Section 4(c)(1) of the CEA empowers
the CFTC to ‘‘promote responsible
economic or financial innovation and
fair competition’’ by exempting any
transaction or class of transactions from
any of the provisions of the CEA
(subject to exceptions not relevant here)
where the Commission determines that
the exemption would be consistent with
the public interest.9 The Commission
may grant such an exemption by rule,
regulation or order, after notice and
opportunity for hearing, and may do so
on application of any person or on its
own initiative.
In enacting Section 4(c), Congress
noted that the goal of the provision ‘‘is
to give the Commission a means of
providing certainty and stability to
existing and emerging markets so that
financial innovation and market
development can proceed in an effective
and competitive manner.’’ 10 Permitting
Options and Security Futures on Gold
and Silver Products to trade on national
securities exchanges (as to Options) and
DCMs (as to Security Futures) and in
9 Section 4(c)(1) of the CEA, 7 U.S.C. 6(c)(1),
provides in full that: In order to promote
responsible economic or financial innovation and
fair competition, the Commission by rule,
regulation, or order, after notice and opportunity for
hearing, may (on its own initiative or on application
of any person, including any board of trade
designated or registered as a contract market or
derivatives transaction execution facility for
transactions for future delivery in any commodity
under section 7 of this title) exempt any agreement,
contract, or transaction (or class thereof) that is
otherwise subject to subsection (a) of this section
(including any person or class of persons offering,
entering into, rendering advice or rendering other
services with respect to, the agreement, contract, or
transaction), either unconditionally or on stated
terms or conditions or for stated periods and either
retroactively or prospectively, or both, from any of
the requirements of subsection (a) of this section,
or from any other provision of this chapter (except
subparagraphs (c)(ii) and (D) of section 2(a)(1) of
this title, except that the Commission and the
Securities and Exchange Commission may by rule,
regulation, or order jointly exclude any agreement,
contract, or transaction from section 2(a)(1)(D) of
this title), if the Commission determines that the
exemption would be consistent with the public
interest.
10 HOUSE CONF. REPORT NO. 102–978, 1992
U.S.C.C.A.N. 3179, 3213 (‘‘4(c) Conf. Report’’).
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]]>Agencies
[Federal Register Volume 73, Number 219 (Wednesday, November 12, 2008)]
[Notices]
[Pages 66845-66847]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26834]
=======================================================================
-----------------------------------------------------------------------
COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities: Rules Relating to
Regulation of Domestic Exchange-Traded Options
AGENCY: Commodity Futures Trading Commission.
[[Page 66846]]
ACTION: Extension of an Existing Collection.
-----------------------------------------------------------------------
SUMMARY: The Commodity Futures Trading Commission (CFTC) is announcing
an opportunity for public comment on the proposed collection of certain
information by the agency. Under the Paperwork Reduction Act of 1995
(PRA), 44 U.S.C. 3501 et seq., Federal agencies are required to publish
notice in the Federal Register concerning each proposed collection of
information, including each proposed extension of an existing
collection of information, and to allow 60 days for public comment in
response to the notice. This notice solicits comments on rules related
to risk disclosure concerning exchange-traded commodity options.
DATES: Comments must be submitted on or before January 12, 2009.
ADDRESSES: Comments may be mailed to William Penner, Division of
Clearing and Intermediary Oversight, U.S. Commodity Futures Trading
Commission, 1155 21st Street, NW., Washington, DC 20581.
FOR FURTHER INFORMATION CONTACT: William Penner, (202) 418-5407; Fax:
(202) 418-5536; e-mail: wpenner@cftc.gov.
SUPPLEMENTARY INFORMATION: Under the PRA, Federal agencies must obtain
approval from the Office of Management and Budget (OMB) for each
collection of information they conduct or sponsor. ``Collection of
information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and
includes agency requests or requirements that members of the public
submit reports, keep records, or provide information to a third party.
Section 3506(c)(2)(A) of the PRA, 44 U.S.C. 3506(c)(2)(A), requires
Federal agencies to provide a 60-day notice in the Federal Register
concerning each proposed collection of information, including each
proposed extension of an existing collection of information, before
submitting the collection to OMB for approval. To comply with this
requirement, the CFTC is publishing notice of the proposed collection
of information listed below.
With respect to the following collection of information, the CFTC
invites comments on:
Whether the proposed collection of information is
necessary for the proper performance of the functions of the
Commission, including whether the information will have a practical
use;
The accuracy of the Commission's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
Ways to enhance the quality, usefulness, and clarity of
the information to be collected; and
Ways to minimize the burden of collection of information
on those who are to respond, including through the use of appropriate
automated electronic, mechanical, or other technological collection
techniques or other forms of information technology; e.g., permitting
electronic submission of responses.
Rules Relating to Regulation of Domestic Exchange-Traded Options, OMB
Control Number 3038-0007--Extension
The rules require futures commission merchants and introducing
brokers: (1) To provide their customers with standard risk disclosure
statements concerning the risk of trading commodity interests; and (2)
to retain all promotional material and the source of authority for
information contained therein. The purpose of these rules is to ensure
that customers are advised of the risks of trading commodity interests
and to avoid fraud and misrepresentation. This information collection
contains the recordkeeping and reporting requirements needed to ensure
regulatory compliance with Commission rules relating to this issue.
The Commission estimates the burden of this collection of
information as follows:
Estimated Annual Reporting Burden
----------------------------------------------------------------------------------------------------------------
Estimated Estimated
number of Reports Estimated total number
Regulation respondents or annually by Total annual average number of hours of
recordkeepers each responses of hours per annual burden
per year respondent response in fiscal year
----------------------------------------------------------------------------------------------------------------
Reporting:
38.3, 38.4, 40.2 and 40.3 13.00 2.00 26.00 25.00 650.00
(Procedure for designation
or self-certification).....
33.7--(Risk disclosure)..... 175.00 115.00 20,125.00 0.08 1,610.00
Subtotal (reporting 188.00 .............. 20,151.00 .............. 2,260.00
requirements)..........
Recordkeeping:
33.8--(Retention of 225.00 1.00 225.00 25.00 5,625.00
promotional material)......
Subtotal (recordkeeping .............. .............. .............. .............. ..............
requirements)..........
Grand total 413.00 .............. 20,376.00 .............. 7,785.00
(reporting and
recordkeeping).....
----------------------------------------------------------------------------------------------------------------
[[Page 66847]]
There are no capital costs or operating and maintenance costs
associated with this collection.
Dated: November 5, 2008.
David A. Stawick,
Secretary of the Commission.
[FR Doc. E8-26834 Filed 11-10-08; 8:45 am]
BILLING CODE 6351-01-P
