Charter for the Defense Advisory Board for Employer Support of the Guard and Reserve, 54969-54970 [E9-25705]
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Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
filed on July 27, 2009 (mandatory under
Rule 36.3(c)(2)), the ICE reported that,
with respect to its ODP contract, 723
separate trades occurred in the second
quarter of 2009, resulting in a daily
average of 11.3 trades. During the same
period, the ODP contract had a total
trading volume of 7,448 contracts
(which was an average of 116.4
contracts per day). As of June 30, 2009,
open interest in the ODP contract was
256 contracts.
It appears that the ICE ODP contract
may satisfy the material liquidity and
material price reference factors for SPDC
determination. With respect to material
liquidity, trading in the ODP contract
averaged over 110 contracts on a daily
basis with more than 10 separate
transactions each day. In regard to
material price reference, while it did not
specifically address the power contracts
under review, the ECM Study stated
that, in general, market participants
view the ICE as a price discovery market
for certain electricity contracts. Power
contracts based on actively-traded hubs
are transacted heavily on the ICE’s
electronic trading platform, with the
remainder being completed over-thecounter 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
‘‘PJM Power End of Day’’ and ‘‘OTC
Power 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,8 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 PDP, PJM,
OPJ, PDA, and/or ODP contracts
perform significant price discovery
functions. 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 the
subject contracts. Moreover, because
five contracts are included in this
notice, it is important that commenters
identify to which contract(s) their
comments apply.
IV. Related Matters
A. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(‘‘PRA’’) 9 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 10 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 an order or to determine
whether the benefits of the 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
9 44
8 17
CFR 36, Appendix A.
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15:19 Oct 23, 2009
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U.S.C. 3507(d).
U.S.C. 19(a).
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54969
ECMs qualify as SPDCs. The enhanced
requirements for ECMs will permit the
Commission to acquire the information
it needs to discharge its newly
mandated 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. E9–25238 Filed 10–23–09; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Charter for the Defense Advisory
Board for Employer Support of the
Guard and Reserve
Department of Defense.
Federal advisory committee
AGENCY:
ACTION:
charter.
SUMMARY: Under the provisions of the
Federal Advisory Committee Act of
1972, (5 U.S.C. Appendix, as amended),
the Sunshine in the Government Act of
1976 (5 U.S.C. 552b, as amended), and
41 CFR 102–3.65, the Department of
Defense gives notice that it intends to
renew the charter for the Defense
Advisory Board for Employer Support of
the Guard and Reserve.
FOR FURTHER INFORMATION CONTACT: Jim
Freeman, DoD Committee Management
Office, 703–601–6128.
SUPPLEMENTARY INFORMATION: The
Defense Advisory Board for Employer
Support of the Guard and Reserve,
pursuant to 41 CFR 102–3.50(d), is a
discretionary Federal advisory
committee established to provide the
Secretary of Defense through the Under
Secretary of Defense (Personnel and
Readiness) and the Assistant Secretary
of Defense (Reserve Affairs), with
independent advice concerning matters
arising from the military service
obligations of members of the National
Guard and Reserve and the impact on
their civilian employment.
Pursuant to DoD policy, the Assistant
Secretary of Defense (Reserve Affairs) is
authorized to act upon the Board’s
advice and recommendations.
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mstockstill on DSKH9S0YB1PROD with NOTICES
54970
Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Notices
The Board shall be comprised of no
more than fifteen members appointed by
the Secretary of Defense for three-year
terms, and their appointments shall be
renewed by the Secretary of Defense on
an annual basis. No Board member shall
serve more than six years on the Board.
The Assistant Secretary of Defense
(Reserve Affairs) shall select the Board’s
Chairperson from the Board
membership at large.
Those members who are not full-time
or permanent part-time Federal officers
or employees, shall be appointed as
experts and consultants under the
authority of 5 U.S.C. 3109, and serve as
Special Government Employees.
Board members, with the exception of
travel and per diem for official travel,
shall serve without compensation.
The Board shall meet at the call of the
Designated Federal Officer, in
consultation with the Chairperson and
the Assistant Secretary of Defense
(Reserve Affairs). The estimated number
of Board meetings is two per year.
The Designated Federal Officer,
pursuant to DoD policy, shall be a fulltime or permanent part-time DoD
employee, and shall be appointed in
accordance with established DoD
policies and procedures. In addition, the
Designated Federal Officer and/or
Alternate Designated Federal Officer
shall attend all Panel and subcommittee
meetings.
With DoD approval, the Board shall
be authorized to establish
subcommittees, as necessary and
consistent with its mission. These
subcommittees or working groups shall
operate under the provisions of the
Federal Advisory Committee Act of
1972 (5 U.S.C., Appendix, as amended),
the Government in the Sunshine Act of
1976 (5 U.S.C. 552b, as amended), and
other appropriate Federal regulations.
Such subcommittees or workgroups
shall not work independently of the
chartered Board, and shall report all
their recommendations and advice to
the Board for full deliberation and
discussion. Subcommittees or
workgroups have no authority to make
decisions on behalf of the chartered
Board nor can they report directly to the
Department of Defense or any Federal
officers or employees who are not Board
members.
Pursuant to 41 CFR 102–3.105(j) and
102–3.140, the public or interested
organizations may submit written
statements to the Defense Advisory
Board for Employer Support of the
Guard and Reserve membership about
the committee’s mission and functions.
Written statements may be submitted at
any time or in response to the stated
agenda of planned meeting of the
VerDate Nov<24>2008
15:19 Oct 23, 2009
Jkt 220001
Defense Advisory Board for Employer
Support of the Guard and Reserve.
All written statements shall be
submitted to the Designated Federal
Officer for the Defense Advisory Board
for Employer Support of the Guard and
Reserve, and this individual will ensure
that the written statements are provided
to the membership for their
consideration. Contact information for
the Designated Federal Officer can be
obtained from the GSA’s FACA
Database—https://www.fido.gov/
facadatabase/public.asp.
The Designated Federal Officer,
pursuant to 41 CFR 102–3.150, will
announce planned meetings of the
Defense Advisory Board for Employer
Support of the Guard and Reserve. The
Designated Federal Officer, at that time,
may provide additional guidance on the
submission of written statements that
are in response to the stated agenda for
the planned meeting in question.
Dated: October 16, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E9–25705 Filed 10–23–09; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Charter for the Secretary of the Navy
Advisory Panel
Department of Defense.
Federal advisory committee
AGENCY:
ACTION:
charter.
SUMMARY: Under the provisions of the
Federal Advisory Committee Act of
1972, (5 U.S.C. Appendix, as amended),
the Sunshine in the Government Act of
1976 (5 U.S.C. 552b, as amended), and
41 CFR 102–3.65, the Department of
Defense gives notice that it intends to
renew the charter for the Secretary of
the Navy Advisory Panel.
FOR FURTHER INFORMATION CONTACT: Jim
Freeman, DoD Committee Management
Office, 703–601–6128.
SUPPLEMENTARY INFORMATION: The
Secretary of the Navy Advisory Panel,
pursuant to 41 CFR 102–3.50(d), is a
discretionary Federal advisory
committee established to provide the
Secretary of Defense through the
Secretary of the Navy, independent
advice and recommendations on critical
matters concerning the Department of
the Navy.
The Panel’s focus will include
acquisition reform, the shipbuilding
defense industrial base, intelligence
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
organization, and related maritime
issues.
Pursuant to DoD policy, the Secretary
of the Navy or designee is authorized to
act upon the Panel’s advice and
recommendations.
The Panel shall be composed of no
more than 20 members, who are
eminent authorities in the fields of
national security policy, intelligence,
science, engineering, or business and
industry.
Panel members appointed by the
Secretary of Defense, who are not fulltime or permanent part-time Federal
officers or employees, shall be
appointed as experts and consultants
under the authority of 5 U.S.C. 3109 and
serve as Special Government
Employees. Panel members shall be
appointed on an annual basis by the
Secretary of Defense and with the
exception of travel and per diem for
official travel, Panel members shall
serve without compensation.
The Secretary of the Navy shall select
the Panel’s chairperson from the total
membership.
The Panel shall meet at the call of the
Designated Federal Officer, in
consultation with the Chairperson and
the Secretary of the Navy and the
Chairperson, and the estimated number
of Panel meetings is 3 per year. The
Designated Federal Officer shall be a
full-time or permanent part-time DoD
employee, and shall be appointed in
accordance with established DoD
policies and procedures. In addition, the
Designated Federal Officer and/or
Alternate Designated Federal Officer
shall attend all Panel and subcommittee
meetings.
With DoD approval, the Panel shall be
authorized to establish subcommittees,
as necessary and consistent with its
mission. These subcommittees or
working groups shall operate under the
provisions of the Federal Advisory
Committee Act of 1972 (5 U.S.C.,
Appendix, as amended), the Sunshine
in the Government Act of 1976 (5 U.S.C.
552b, as amended), and other
appropriate Federal regulations.
Such subcommittees or workgroups
shall not work independently of the
chartered Panel, and shall report all
their recommendations and advice to
the Secretary of the Navy Advisory
Panel for full deliberation and
discussion. Subcommittees or
workgroups have no authority to make
decisions on behalf of the chartered
Panel nor can they report directly to the
Department of Defense or any Federal
officers or employees who are not Panel
members.
Pursuant to 41 CFR 102–3.105(j) and
102–3.140, the public or interested
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Agencies
[Federal Register Volume 74, Number 205 (Monday, October 26, 2009)]
[Notices]
[Pages 54969-54970]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25705]
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DEPARTMENT OF DEFENSE
Office of the Secretary
Charter for the Defense Advisory Board for Employer Support of
the Guard and Reserve
AGENCY: Department of Defense.
ACTION: Federal advisory committee charter.
-----------------------------------------------------------------------
SUMMARY: Under the provisions of the Federal Advisory Committee Act of
1972, (5 U.S.C. Appendix, as amended), the Sunshine in the Government
Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.65, the
Department of Defense gives notice that it intends to renew the charter
for the Defense Advisory Board for Employer Support of the Guard and
Reserve.
FOR FURTHER INFORMATION CONTACT: Jim Freeman, DoD Committee Management
Office, 703-601-6128.
SUPPLEMENTARY INFORMATION: The Defense Advisory Board for Employer
Support of the Guard and Reserve, pursuant to 41 CFR 102-3.50(d), is a
discretionary Federal advisory committee established to provide the
Secretary of Defense through the Under Secretary of Defense (Personnel
and Readiness) and the Assistant Secretary of Defense (Reserve
Affairs), with independent advice concerning matters arising from the
military service obligations of members of the National Guard and
Reserve and the impact on their civilian employment.
Pursuant to DoD policy, the Assistant Secretary of Defense (Reserve
Affairs) is authorized to act upon the Board's advice and
recommendations.
[[Page 54970]]
The Board shall be comprised of no more than fifteen members
appointed by the Secretary of Defense for three-year terms, and their
appointments shall be renewed by the Secretary of Defense on an annual
basis. No Board member shall serve more than six years on the Board.
The Assistant Secretary of Defense (Reserve Affairs) shall select
the Board's Chairperson from the Board membership at large.
Those members who are not full-time or permanent part-time Federal
officers or employees, shall be appointed as experts and consultants
under the authority of 5 U.S.C. 3109, and serve as Special Government
Employees.
Board members, with the exception of travel and per diem for
official travel, shall serve without compensation.
The Board shall meet at the call of the Designated Federal Officer,
in consultation with the Chairperson and the Assistant Secretary of
Defense (Reserve Affairs). The estimated number of Board meetings is
two per year.
The Designated Federal Officer, pursuant to DoD policy, shall be a
full-time or permanent part-time DoD employee, and shall be appointed
in accordance with established DoD policies and procedures. In
addition, the Designated Federal Officer and/or Alternate Designated
Federal Officer shall attend all Panel and subcommittee meetings.
With DoD approval, the Board shall be authorized to establish
subcommittees, as necessary and consistent with its mission. These
subcommittees or working groups shall operate under the provisions of
the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as
amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as
amended), and other appropriate Federal regulations.
Such subcommittees or workgroups shall not work independently of
the chartered Board, and shall report all their recommendations and
advice to the Board for full deliberation and discussion. Subcommittees
or workgroups have no authority to make decisions on behalf of the
chartered Board nor can they report directly to the Department of
Defense or any Federal officers or employees who are not Board members.
Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or
interested organizations may submit written statements to the Defense
Advisory Board for Employer Support of the Guard and Reserve membership
about the committee's mission and functions. Written statements may be
submitted at any time or in response to the stated agenda of planned
meeting of the Defense Advisory Board for Employer Support of the Guard
and Reserve.
All written statements shall be submitted to the Designated Federal
Officer for the Defense Advisory Board for Employer Support of the
Guard and Reserve, and this individual will ensure that the written
statements are provided to the membership for their consideration.
Contact information for the Designated Federal Officer can be obtained
from the GSA's FACA Database--https://www.fido.gov/facadatabase/public.asp.
The Designated Federal Officer, pursuant to 41 CFR 102-3.150, will
announce planned meetings of the Defense Advisory Board for Employer
Support of the Guard and Reserve. The Designated Federal Officer, at
that time, may provide additional guidance on the submission of written
statements that are in response to the stated agenda for the planned
meeting in question.
Dated: October 16, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E9-25705 Filed 10-23-09; 8:45 am]
BILLING CODE 5001-06-P