Agency Information Collection Activities: Request for New Collection-3038-NEW, Registration Under the CEA-Proposed Questionnaire to Regulation 30.10 Relief Recipients (17 CFR Part 30), 5576-5578 [2010-2238]
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5576
Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices
marine mammal stock in the wild by causing
disruption of natural behavioral patterns,
including, but not limited to, migration,
surfacing, nursing, breeding, feeding, or
sheltering, to a point where such behavioral
patterns are abandoned or significantly
altered [Level B Harassment].
jlentini on DSKJ8SOYB1PROD with NOTICES
Summary of Request
In March 2009, NMFS received an
application from the Navy requesting
authorization to take individuals of 20
species of marine mammals (15
cetaceans and 5 pinnipeds) incidental to
upcoming training activities to be
conducted in the GOA TMAA, which is
a polygon roughly the shape of a 300 nm
by 150 nm rectangle oriented northwest
to southeast in the long direction, over
the course of 5 years. NMFS
subsequently requested additional
information, which was provided in the
form of a revised application in
November, 2009. These training
activities are classified as military
readiness activities. The Navy states that
these training activities may expose
some of the marine mammals present in
the area to sound from various active
tactical sonar sources or to pressure
from underwater detonations. The Navy
requests authorization to take
individuals of 20 species of cetaceans
and pinnipeds by Level B Harassment.
Further, the Navy requests authorization
to take 3 individual beaked whales (of
any of the following species: Baird’s
beaked whale, Cuvier’s beaked whale,
Stejneger’s beaked whale) annually by
serious injury or mortality.
Specified Activities
In the application submitted to
NMFS, the Navy requests authorization
to take marine mammals incidental to
conducting training activities utilizing
mid- and high frequency active sonar
sources and explosive detonations.
These sonar and explosive sources will
be utilized during Anti-submarine
Warfare (ASW) Tracking and Torpedo
Exercises, Extended Echo Ranging,
Improved Extended Echo Ranging, and
Advanced Extended Echo Ranging
(EER/IEER/AEER) events, Missile
Exercises, Gunnery Exercises, Bombing
Exercises, and Sinking Exercises. Table
1–7 in the application lists the activity
types, the equipment and platforms
involved, and the duration and potential
locations of the activities.
The training activities will take place
during the summer months, in the form
of one or two major exercises or focused
activity periods. These exercises or
activity periods would each last up to
21 days and consist of multiple
component training activities. Unlike
Navy Training activities in other areas,
the GOA TMAA is not a Range Complex
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and as such, there are no other or
ongoing small scale Navy Training
activities conducted outside these
activity periods.
Information Solicited
Interested persons may submit
information, suggestions, and comments
concerning the Navy’s request (see
ADDRESSES). All information,
suggestions, and comments related to
the Navy’s GOA TMAA request and
NMFS’ potential development and
implementation of regulations
governing the incidental taking of
marine mammals by the Navy’s GOA
TMAA activities will be considered by
NMFS in developing, if appropriate, the
most effective regulations governing the
issuance of letters of authorization.
Dated: January 28, 2010.
P. Michael Payne,
Chief, Division of Permits, Conservation, and
Education, Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2010–2286 Filed 2–2–10; 8:45 am]
BILLING CODE 3510–22–S
COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Request for New
Collection—3038–NEW, Registration
Under the CEA—Proposed
Questionnaire to Regulation 30.10
Relief Recipients (17 CFR Part 30)
AGENCY: Commodity Futures Trading
Commission
ACTION: Notice—proposed
questionnaire.
SUMMARY: 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, and
to allow 60 days for comment in
response to the notice. The Division of
Clearing and Intermediary Oversight
(DCIO) of the Commodity Futures
Trading Commission (CFTC) is
proposing to send a questionnaire to
obtain updated information on the
current laws and market developments
of each jurisdiction in which exemptive
relief was granted by the Commission
pursuant to Regulation 30.10.
DATES: Comments must be received by
April 5, 2010.
ADDRESSES: Interested persons should
submit their views and comments to
Secretary of the Commission,
Commodity Futures Trading
Commission, 1155 21st Street, NW.,
PO 00000
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Washington, DC 20581. In addition,
comments may be sent by facsimile
transmission to number (202) 418–5521,
or by electronic mail to
secretary@cftc.gov. Reference should be
made to ‘‘Commission Regulation 30.10
Questionnaire.’’
FOR FURTHER INFORMATION CONTACT:
Andrew Chapin, Associate Director, or
Andrea Musalem, Attorney-Advisor,
Division of Clearing and Intermediary
Oversight, Commodity Futures Trading
Commission, 1155 21st Street, NW.,
Washington, DC 20581. Telephone:
(202) 418–5167.
SUPPLEMENTARY INFORMATION:
I. Background
CFTC Regulation 30.10 allows
persons located and doing business
outside the U.S., who are subject to a
comparable regulatory framework in the
country in which they are located, to
seek an exemption from the application
of certain of the Part 30 regulations.
Regulation 30.10 expressly states that,
upon petition, the Commission may
exempt any person from any
requirement of the Part 30 regulations.
If the Commission grants an exemption,
persons located and doing business
outside the U.S. may solicit or accept
orders directly from U.S. customers for
foreign futures or options transactions
without registering under the Act as
FCMs.
A petition for exemption pursuant to
Regulation 30.10 is typically filed on
behalf of persons located and doing
business outside the U.S. that seek
access to U.S. customers by (1) a
governmental agency responsible for
implementing and enforcing the foreign
regulatory program, or (2) a selfregulatory organization (SRO) of which
such persons are members. A petitioner
who seeks an exemption pursuant to
Regulation 30.10, based on substituted
compliance with a non-U.S. regulatory
framework that is comparable to the Act
and rules thereunder, must set forth
with particularity the comparable
regulations applicable in the
jurisdiction in which that person is
located. In essence, a petitioner under
Regulation 30.10 must present, with
particularity, the factual basis for a
finding of comparability and the reasons
why the policies and purposes of the
Commission’s regulatory program are
met, notwithstanding any differences of
degree or kind in the petitioner’s
regulatory program.
Appendix A to Part 30 (Appendix A)
articulates standards to be used by staff
in assessing whether a foreign
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Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices
regulatory system is comparable.1 These
standards involve inquiry into the
following areas: (1) Registration,
authorization or other form of licensing,
fitness review or qualification of
persons through which customer orders
are solicited and accepted; (2) minimum
financial requirements for those persons
that accept customer funds; (3)
protection of customer funds from
misapplication; (4) recordkeeping and
reporting requirements; (5) minimum
sales practice standards, including
disclosure of the risks of futures and
options transactions and, in particular,
the risk of transactions undertaken
outside the jurisdiction of domestic law;
(6) compliance; and (7) informationsharing.
jlentini on DSKJ8SOYB1PROD with NOTICES
II. The Proposed Questionnaire
Currently, there are 13 foreign
entities 2 (two regulators and 11 futures
exchanges) that have a Regulation 30.10
exemption some of which date back to
the late eighties, early nineties.
Consequently, the Commission’s
Division of Clearing and Intermediary
Oversight (DCIO) would like to embark
upon a program whereby each year,
DCIO sends out a questionnaire to
exemption recipients inquiring as to
material and other relevant changes that
impacted our could impact the
fundamentals for which exemptive
relief was granted in the first place.
The proposed 2010 Questionnaire
will ask the following questions:
The following questions relate to material
changes that have occurred since the original
filing of the 30.10 petition. Please answer the
following questions in detail.
1. Have there been any material changes
with regards to the identity or organization
of the original Petitioner (i.e. change in
control, change in name, change in structure,
etc.)?
2. Has there been a change in the role of
the government, the regulator, or the selfregulatory organization(s) which has or could
potentially impact their supervision of and
their enforcement powers over the exchange
and its members?
3. Has there been any material change in
the legal framework which impacted or could
impact any of the following:
a. Registration, authorization or other form
of licensing, fitness review or qualification of
persons through which customer orders are
solicited and accepted;
b. Minimum financial requirements for
those persons that accept customer funds;
c. Protection of customer funds from
misapplication;
1 ‘‘Interpretative Statement With Respect to the
Commission’s Exemptive Authority Under § 30.10
of its Rules,’’ l7 C.R Part 30, Appendix A.
2 The 13 foreign entities are represented by the
following jurisdictions: The United Kingdom,
Australia, Brazil, Germany, Canada, France, Spain,
New Zealand, Singapore, Taiwan, and Japan.
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16:34 Feb 02, 2010
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d. Recordkeeping and reporting
requirements;
e. Minimum sales practice standards,
including disclosure of risks of futures and
options transactions and, in particular, the
risk of transactions undertaken outside the
jurisdiction of domestic law; and
f. Compliance (i.e. any change in oversight
structure which impacted or could impact
the governmental authority or the selfregulatory organization’s ability to audit Part
30 firms for compliance with, or take action
against persons that violate the requirements
of the Part 30 program).
4. What changes, if any, have occurred in
insolvency laws as they affect futures
customers? If there have been changes to
insolvency laws, have the changes occurred
within the past two to three years? To what
extent do you view any recently proposed
changes to insolvency laws as resulting from
the 2008–09 financial crisis?
5. Security futures products have both an
equity component and a futures component.
Consequently, in what accounts are security
futures products held (i.e. the equity account,
the futures account, or a combined account)?
Are security futures products subject to
separate disclosure and margin requirements
than those required for plain vanilla futures
products?
6. Please provide an updated list of all
firms with relief under the Regulation 30.10
exemption.
7. Since the granting of the original
exemption, please affirm whether 30.10 firms
have been subject to arbitration and/or
disciplinary proceedings arising from
transactions with U.S. customers. To the best
extent possible, please provide the number of
times and a brief description of such
proceedings.
8. Please provide the name and contact
information for individuals to whom follow
up questions might be directed.
III. Related Matters
A. Regulatory Flexibility Act
The Regulatory Flexibility Act
(‘‘RFA’’), 5 U.S.C. 601–611, requires that
agencies, in proposing rules, consider
the impact of those rules on small
businesses. The Commission has
previously established certain
definitions of ‘‘small entities’’ to be used
by the Commission in evaluating the
impact of its rules on such entities in
accordance with the RFA.3 The
proposed Questionnaire discussed
herein would affect foreign futures
exchanges and/or foreign securities
regulators who sought and obtained
Regulation 30.10 exemptive relief on
behalf of its members and/or regulatees.
Foreign regulators and exchanges are
not included in the definition of ‘‘small
entities’’ per 47 FR 18618 and 66 FR
42256. Therefore, the Chairman, on
behalf of the Commission, hereby
certifies, pursuant to 5 U.S.C. 605(b)
that this proposed Questionnaire will
3 47
PO 00000
FR 18618–18621 (April 30, 1982).
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5577
not have an economic impact on a small
entities. Nonetheless, the Commission
specifically requests comment on the
impact this proposed Questionnaire
may have on small entities.
Nonetheless, the Commission
specifically requests comment on the
impact this proposed Questionnaire
may have on small entities—New
Collection—3038.XXXX.
B. Paperwork Reduction Act
When publishing a proposed
questionnaire, the Paperwork Reduction
Act of 1995 4 imposes certain
requirements on federal agencies
(including the Commission) in
connection with their conducting or
sponsoring any collection of
information as defined by the
Paperwork Reduction Act. In
compliance with the Act, the
Commission, through this Questionnaire
proposal, solicits comments to: (1)
Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including the
validity of the methodology and
assumptions used; (2) evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information including the validity of the
methodology and assumptions used; (3)
enhance the quality, utility, and clarity
of the information to be collected; and
(4) minimize the burden of the
collection of the 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.
The Commission has submitted this
proposed Questionnaire and its
associated information collection
requirements to the Office of
Management and Budget. The burden
associated with this entire New
Collection—3038–XXXX—including
this proposed Questionnaire, is as
follows:
Average burden hours per response: one
hour/question
Number of questions: 13
Number of respondents: 13
Frequency of response: Annually
Persons wishing to comment on the
estimated paperwork burden associated
with this proposed Questionnaire
should contact the Desk Officer, CFTC,
Office of Management and Budget,
Room 10202, NEOB, Washington, DC
20503, (202) 395–7340. Copies of the
4 Public
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Law 104–13 (May 13, 1995).
03FEN1
5578
Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Notices
information collection submission to
OMB are available from the CFTC
Clearance Officer, 1155 21st Street,
NW., Washington, DC 20581, (202) 418–
5160.
Dated: January 28, 2010.
David A. Stawick,
Secretary of the Commission.
[FR Doc. 2010–2238 Filed 2–2–10; 8:45 am]
BILLING CODE P
CONSUMER PRODUCT SAFETY
COMMISSION
Submission for OMB Review;
Comment Request—Flammability
Standards for Clothing Textiles and
Vinyl Plastic Film
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
Pursuant to the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the Consumer Product
Safety Commission (Commission)
announces that it has submitted to the
Office of Management and Budget
(OMB) a request for extension of
approval of a collection of information
associated with the Commission’s
flammability standards for clothing
textiles and vinyl plastic film.
DATES: Written comments on this
request for extension of approval of
information collection requirements
should be submitted by March 5, 2010.
ADDRESSES: Written comments on this
request for extension of approval of
information collection requirements
should be captioned ‘‘Clothing Textiles
and Film, Collection of Information’’
and submitted by March 5, 2010 to (1)
the Office of Information and Regulatory
Affairs, Attn: OMB Desk Officer for
CPSC, Office of Management and
Budget, Washington, DC 20503;
telephone: (202) 395–7340, and (2) the
Office of the Secretary, Consumer
Product Safety Commission, 4330 East
West Highway, Bethesda, MD 20814, by
e-mail at cpsc-os@cpsc.gov, or by mail
or by facsimile at (301) 504–0127.
FOR FURTHER INFORMATION CONTACT:
Copies of this request for extension of
the information collection requirements
and supporting documentation are
available from Linda Glatz, Division of
Policy and Planning, Office of
Information Technology and
Technology Services, Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814;
telephone: (301) 504–7671 or by e-mail
to lglatz@cpsc.gov.
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SUMMARY:
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16:34 Feb 02, 2010
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In the
Federal Register of October 29, 2009 (74
FR 55819), the Consumer Product Safety
Commission published a notice in
accordance with provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35) to announce the
agency’s intention to seek extension of
approval of the collection of information
required in the Standard for the
Flammability of Clothing Textiles (16
CFR Part 1610) and the Standard for the
Flammability of Vinyl Plastic Film (16
CFR Part 1611). These regulations
establish requirements for testing and
recordkeeping for manufacturers and
importers who furnish guaranties for
products subject to the flammability
standards for clothing textiles and vinyl
plastic film. See 16 CFR Part 1610,
Subpart B, and 16 CFR Part 1611,
Subpart B.
The Commission uses the information
compiled and maintained by firms that
issue these guaranties to help protect
the public from risks of injury or death
associated with clothing and fabrics and
vinyl film intended for use in clothing.
More specifically, the information helps
the Commission arrange corrective
actions if any products covered by a
guaranty fail to comply with the
applicable standard in a manner that
creates a substantial risk of injury or
death to the public. The Commission
also uses this information to determine
whether the requisite testing was
performed to support the guaranties.
OMB approved the collection of
information in the regulations
implementing the standards for clothing
textiles and vinyl plastic film under
control number 3041–0024. The
Commission proposes to request an
extension of approval for the collection
of information in those regulations.
SUPPLEMENTARY INFORMATION:
Additional Information About the
Request for Extension of Approval of a
Collection of Information
Agency address: Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814.
Title of information collection:
Standard for the Flammability of
Clothing Textiles, 16 CFR Part 1610;
Standard for the Flammability of Vinyl
Plastic Film, 16 CFR Part 1611.
Type of request: Extension of approval
without change.
General description of respondents:
Manufacturers and importers of
garments, fabrics, and related materials
subject to the flammability standards for
clothing textiles and vinyl plastic film.
Estimated number of respondents:
1,000 per year.
Estimated average number of hours
per respondent: 101.6 per year.
PO 00000
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Estimated number of hours for all
respondents: 101,600 per year.
Estimated cost of collection for all
respondents: $5.8 million per year.
Dated: January 28, 2010.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2010–2302 Filed 2–2–10; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Federal Advisory Committee;
Quadrennial Defense Review
Independent Panel
Department of Defense (DoD).
Disestablishment of Federal
advisory committee.
AGENCY:
ACTION:
SUMMARY: The Department of Defense
announced on October 1, 2009 (74 FR
50781) that the Quadrennial Defense
Review Independent Panel (hereafter
referred to as the Panel), which was
established by 10 U.S.C. 118f, would
operate under the provisions of the
Federal Advisory Committee Act of
1972, (5 U.S.C. Appendix), the
Government in the Sunshine Act of
1976 (5 U.S.C. 552b). The Department
has determined that the Panel is a
legislative advisory committee that
works for and reports to the Legislative
Branch; therefore, the Department is
withdrawing the Panel’s charter.
FOR FURTHER INFORMATION CONTACT: Jim
Freeman, Deputy Committee
Management Officer for the Department
of Defense, 703–601–6128.
SUPPLEMENTARY INFORMATION: After
further consideration the Office of the
Committee Management Officer for the
Department of Defense, in consultation
with the Office of the General Counsel
for the Department of Defense, has
determined that the Panel is in fact a
legislative advisory committee; that is, it
works for and reports to the Legislative
Branch.
Therefore, the Panel is not subject to
the provisions of the Federal Advisory
Committee Act of 1972 or the
Government in the Sunshine Act of
1976. Accordingly, the Department of
Defense is withdrawing the Panel’s
charter that was filed with the
Committee Management Secretariat for
the General Services Administration,
the congressional oversight committees
and the Library of Congress.
The removal of the Panel’s charter
and its status under the Federal
Advisory Committee Act of 1972 has no
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]]>Agencies
[Federal Register Volume 75, Number 22 (Wednesday, February 3, 2010)]
[Notices]
[Pages 5576-5578]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2238]
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COMMODITY FUTURES TRADING COMMISSION
Agency Information Collection Activities: Request for New
Collection--3038-NEW, Registration Under the CEA--Proposed
Questionnaire to Regulation 30.10 Relief Recipients (17 CFR Part 30)
AGENCY: Commodity Futures Trading Commission
ACTION: Notice--proposed questionnaire.
-----------------------------------------------------------------------
SUMMARY: 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,
and to allow 60 days for comment in response to the notice. The
Division of Clearing and Intermediary Oversight (DCIO) of the Commodity
Futures Trading Commission (CFTC) is proposing to send a questionnaire
to obtain updated information on the current laws and market
developments of each jurisdiction in which exemptive relief was granted
by the Commission pursuant to Regulation 30.10.
DATES: Comments must be received by April 5, 2010.
ADDRESSES: Interested persons should submit their views and comments to
Secretary of the Commission, Commodity Futures Trading Commission, 1155
21st Street, NW., Washington, DC 20581. In addition, comments may be
sent by facsimile transmission to number (202) 418-5521, or by
electronic mail to secretary@cftc.gov. Reference should be made to
``Commission Regulation 30.10 Questionnaire.''
FOR FURTHER INFORMATION CONTACT: Andrew Chapin, Associate Director, or
Andrea Musalem, Attorney-Advisor, Division of Clearing and Intermediary
Oversight, Commodity Futures Trading Commission, 1155 21st Street, NW.,
Washington, DC 20581. Telephone: (202) 418-5167.
SUPPLEMENTARY INFORMATION:
I. Background
CFTC Regulation 30.10 allows persons located and doing business
outside the U.S., who are subject to a comparable regulatory framework
in the country in which they are located, to seek an exemption from the
application of certain of the Part 30 regulations. Regulation 30.10
expressly states that, upon petition, the Commission may exempt any
person from any requirement of the Part 30 regulations. If the
Commission grants an exemption, persons located and doing business
outside the U.S. may solicit or accept orders directly from U.S.
customers for foreign futures or options transactions without
registering under the Act as FCMs.
A petition for exemption pursuant to Regulation 30.10 is typically
filed on behalf of persons located and doing business outside the U.S.
that seek access to U.S. customers by (1) a governmental agency
responsible for implementing and enforcing the foreign regulatory
program, or (2) a self-regulatory organization (SRO) of which such
persons are members. A petitioner who seeks an exemption pursuant to
Regulation 30.10, based on substituted compliance with a non-U.S.
regulatory framework that is comparable to the Act and rules
thereunder, must set forth with particularity the comparable
regulations applicable in the jurisdiction in which that person is
located. In essence, a petitioner under Regulation 30.10 must present,
with particularity, the factual basis for a finding of comparability
and the reasons why the policies and purposes of the Commission's
regulatory program are met, notwithstanding any differences of degree
or kind in the petitioner's regulatory program.
Appendix A to Part 30 (Appendix A) articulates standards to be used
by staff in assessing whether a foreign
[[Page 5577]]
regulatory system is comparable.\1\ These standards involve inquiry
into the following areas: (1) Registration, authorization or other form
of licensing, fitness review or qualification of persons through which
customer orders are solicited and accepted; (2) minimum financial
requirements for those persons that accept customer funds; (3)
protection of customer funds from misapplication; (4) recordkeeping and
reporting requirements; (5) minimum sales practice standards, including
disclosure of the risks of futures and options transactions and, in
particular, the risk of transactions undertaken outside the
jurisdiction of domestic law; (6) compliance; and (7) information-
sharing.
---------------------------------------------------------------------------
\1\ ``Interpretative Statement With Respect to the Commission's
Exemptive Authority Under Sec. 30.10 of its Rules,'' l7 C.R Part
30, Appendix A.
---------------------------------------------------------------------------
II. The Proposed Questionnaire
Currently, there are 13 foreign entities \2\ (two regulators and 11
futures exchanges) that have a Regulation 30.10 exemption some of which
date back to the late eighties, early nineties. Consequently, the
Commission's Division of Clearing and Intermediary Oversight (DCIO)
would like to embark upon a program whereby each year, DCIO sends out a
questionnaire to exemption recipients inquiring as to material and
other relevant changes that impacted our could impact the fundamentals
for which exemptive relief was granted in the first place.
---------------------------------------------------------------------------
\2\ The 13 foreign entities are represented by the following
jurisdictions: The United Kingdom, Australia, Brazil, Germany,
Canada, France, Spain, New Zealand, Singapore, Taiwan, and Japan.
---------------------------------------------------------------------------
The proposed 2010 Questionnaire will ask the following questions:
The following questions relate to material changes that have
occurred since the original filing of the 30.10 petition. Please
answer the following questions in detail.
1. Have there been any material changes with regards to the
identity or organization of the original Petitioner (i.e. change in
control, change in name, change in structure, etc.)?
2. Has there been a change in the role of the government, the
regulator, or the self-regulatory organization(s) which has or could
potentially impact their supervision of and their enforcement powers
over the exchange and its members?
3. Has there been any material change in the legal framework
which impacted or could impact any of the following:
a. Registration, authorization or other form of licensing,
fitness review or qualification of persons through which customer
orders are solicited and accepted;
b. Minimum financial requirements for those persons that accept
customer funds;
c. Protection of customer funds from misapplication;
d. Recordkeeping and reporting requirements;
e. Minimum sales practice standards, including disclosure of
risks of futures and options transactions and, in particular, the
risk of transactions undertaken outside the jurisdiction of domestic
law; and
f. Compliance (i.e. any change in oversight structure which
impacted or could impact the governmental authority or the self-
regulatory organization's ability to audit Part 30 firms for
compliance with, or take action against persons that violate the
requirements of the Part 30 program).
4. What changes, if any, have occurred in insolvency laws as
they affect futures customers? If there have been changes to
insolvency laws, have the changes occurred within the past two to
three years? To what extent do you view any recently proposed
changes to insolvency laws as resulting from the 2008-09 financial
crisis?
5. Security futures products have both an equity component and a
futures component. Consequently, in what accounts are security
futures products held (i.e. the equity account, the futures account,
or a combined account)? Are security futures products subject to
separate disclosure and margin requirements than those required for
plain vanilla futures products?
6. Please provide an updated list of all firms with relief under
the Regulation 30.10 exemption.
7. Since the granting of the original exemption, please affirm
whether 30.10 firms have been subject to arbitration and/or
disciplinary proceedings arising from transactions with U.S.
customers. To the best extent possible, please provide the number of
times and a brief description of such proceedings.
8. Please provide the name and contact information for
individuals to whom follow up questions might be directed.
III. Related Matters
A. Regulatory Flexibility Act
The Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601-611,
requires that agencies, in proposing rules, consider the impact of
those rules on small businesses. The Commission has previously
established certain definitions of ``small entities'' to be used by the
Commission in evaluating the impact of its rules on such entities in
accordance with the RFA.\3\ The proposed Questionnaire discussed herein
would affect foreign futures exchanges and/or foreign securities
regulators who sought and obtained Regulation 30.10 exemptive relief on
behalf of its members and/or regulatees. Foreign regulators and
exchanges are not included in the definition of ``small entities'' per
47 FR 18618 and 66 FR 42256. Therefore, the Chairman, on behalf of the
Commission, hereby certifies, pursuant to 5 U.S.C. 605(b) that this
proposed Questionnaire will not have an economic impact on a small
entities. Nonetheless, the Commission specifically requests comment on
the impact this proposed Questionnaire may have on small entities.
Nonetheless, the Commission specifically requests comment on the impact
this proposed Questionnaire may have on small entities--New
Collection--3038.XXXX.
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\3\ 47 FR 18618-18621 (April 30, 1982).
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B. Paperwork Reduction Act
When publishing a proposed questionnaire, the Paperwork Reduction
Act of 1995 \4\ imposes certain requirements on federal agencies
(including the Commission) in connection with their conducting or
sponsoring any collection of information as defined by the Paperwork
Reduction Act. In compliance with the Act, the Commission, through this
Questionnaire proposal, solicits comments to: (1) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the agency, including the validity of
the methodology and assumptions used; (2) evaluate the accuracy of the
agency's estimate of the burden of the proposed collection of
information including the validity of the methodology and assumptions
used; (3) enhance the quality, utility, and clarity of the information
to be collected; and (4) minimize the burden of the collection of the
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.
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\4\ Public Law 104-13 (May 13, 1995).
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The Commission has submitted this proposed Questionnaire and its
associated information collection requirements to the Office of
Management and Budget. The burden associated with this entire New
Collection--3038-XXXX--including this proposed Questionnaire, is as
follows:
Average burden hours per response: one hour/question
Number of questions: 13
Number of respondents: 13
Frequency of response: Annually
Persons wishing to comment on the estimated paperwork burden
associated with this proposed Questionnaire should contact the Desk
Officer, CFTC, Office of Management and Budget, Room 10202, NEOB,
Washington, DC 20503, (202) 395-7340. Copies of the
[[Page 5578]]
information collection submission to OMB are available from the CFTC
Clearance Officer, 1155 21st Street, NW., Washington, DC 20581, (202)
418-5160.
Dated: January 28, 2010.
David A. Stawick,
Secretary of the Commission.
[FR Doc. 2010-2238 Filed 2-2-10; 8:45 am]
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