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), 6637-6639 [2010-2821]
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Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Notices
Monument, the Secretaries are to ensure
that any sustenance, recreational, or
traditional indigenous fishing in the
Islands Unit be managed as a
sustainable activity. Proclamation 8335
also provided that Marianas Trench
Marine National Monument
management plans shall provide for
traditional access by indigenous
persons, as identified by the Secretaries
in consultation with the Commonwealth
of the Northern Marianas Islands
(CNMI) government, for culturally
significant subsistence, cultural and
religious uses within the Islands Unit.
Presidential Proclamation 8337 for the
Pacific Remote Islands Marine National
Monument states that non-commercial
fishing may be permitted and directs the
Secretaries to provide a process to
ensure that recreational fishing be
sustainable. The Presidential
Proclamations establishing the
monuments identified the MagnusonStevens Fishery Conservation and
Management Act (MSA; 16 U.S.C. 1801
et seq.) as the statutory authority to
develop regulations related to fisheries.
In following the MSA process to
promulgate fishing regulations for the
Rose Atoll, Islands Unit of the Marianas
Trench, and Pacific Remote Islands
Marine National Monuments, the
National Marine Fisheries Service
(NMFS), which acts on behalf of the
Secretary of Commerce, has requested
that the Western Pacific Fishery
Management Council undertake the
process to recommend definitions and
fishing regulations for the types of
fishing activities mentioned above.
The Western Pacific Fishery
Management Council will hold public
meetings to gather information and
views from the public regarding
potential management measures for
non-commercial fishing in the Rose
Atoll, Islands Unit of the Marianas
Trench, and Pacific Remote Islands
Marine National Monuments as follows:
1. February 12, 2010. Tutuila,
American Samoa.
From 5 p.m. to 9 p.m. at Sadies by the
Sea. Main Rd, Pago Pago, Tutuila,
American Samoa 96799.
sroberts on DSKD5P82C1PROD with NOTICES
2. March 11, 2010, Rota, CNMI.
From 6 p.m. to 9 p.m. at the Rota
Round House. Rota, CNMI 96951
3. March 12, 2010, Tinian, CNMI.
From 6 p.m. to 9 p.m. at the Tinian
Elementary School. San Jose Village,
Tinian 96952
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16:21 Feb 09, 2010
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4. March 13, 2010, Saipan, CNMI.
From 6 p.m. to 9 p.m. at the Fiesta
Resort and Spa, Coral Tree Avenue,
Saipan, MP 96950
Although non-emergency issues not
contained in this agenda may come
before these groups for discussion, in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), those
issues may not be the subject of formal
action during these meetings. Actions
will be restricted to those issues
specifically identified in this notice and
any issues arising after publication of
this notice that require emergency
action under Section 305(c) of the
Magnuson-Stevens Act, provided the
public has been notified of the Council’s
intent to take final action to address the
emergency.
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to Eric Kingma (see
FOR FURTHER INFORMATION) at least 3
days prior to the meeting date.
Dated: February 4, 2010.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
6637
Program, National Oceanic and
Atmospheric Administration, 1315 EastWest Highway, Room 11704, Silver
Spring, Maryland 20910, 301–734–1088.
SUPPLEMENTARY INFORMATION: The
Board, which consists of a balanced
representation from academia, industry,
state government and citizens groups,
was established by Section 209 of the
Sea Grant Program Improvement Act of
1976 (Pub. L. 94–461, 33 U.S.C. 1128).
The duties of the Board were amended
by the National Sea Grant College
Program Amendments Act of 2008 (Pub.
L. 110–394). The Board advises the
Secretary of Commerce and the Director
of the National Sea Grant College
Program with respect to operations
under the Act, and such other matters
as the Secretary refers to them for
review and advice.
The agenda for the meeting can be
found at https://www.seagrant.noaa.gov/
leadership/advisoryboard/
agenda_0310.pdf.
Dated: February 4, 2010.
Mark E. Brown,
Chief Financial Officer/Chief Administrator
Officer, Office of Oceanic and Atmospheric
Research, National Oceanic and Atmospheric
Administration.
[FR Doc. 2010–2940 Filed 2–9–10; 8:45 am]
BILLING CODE 3510–KA–P
[FR Doc. 2010–2862 Filed 2–9–10; 8:45 am]
BILLING CODE 3510–22–S
COMMODITY FUTURES TRADING
COMMISSION
DEPARTMENT OF COMMERCE
National Sea Grant Advisory Board
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: National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice of public meeting.
AGENCY: Commodity Futures Trading
Commission.
ACTION: Notice (Correction)—Proposed
Questionnaire.
SUMMARY: This notice sets forth the
schedule and proposed agenda of a
forthcoming meeting of the Sea Grant
Advisory Board (Board). Board members
will discuss and provide advice on the
National Sea Grant College Program in
the areas of program evaluation,
strategic planning, education and
extension, science and technology
programs, and other matters as
described in the Agenda below.
DATES: The announced meeting is
scheduled for Tuesday March 9—
Wednesday March 10, 2010.
ADDRESSES: The meeting will be held at
the Washington Plaza Hotel, 10 Thomas
Circle Northwest, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Ms.
Ann Andrus, National Sea Grant College
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. Please
note that the designation for submission
of comments has changed.
National Oceanic and Atmospheric
Administration
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6638
Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Notices
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DATES: Comments must be received by
April 12, 2010.
ADDRESSES: Interested persons should
submit their views and comments to
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. In addition,
comments may be sent by facsimile
transmission to number (202) 418–5528,
or by electronic mail to
amusalem@cftc.gov or
achapin@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:
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
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.
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
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 or could impact the
fundamentals for which exemptive
relief was granted in the first place.
The proposed 2010 Questionnaire
will ask the following questions:
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16:21 Feb 09, 2010
Jkt 220001
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:
1 ‘‘Interpretative Statement With Respect to the
Commission’s Exemptive Authority Under § 30.10
of Its Rules,’’ 17 CFR 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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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 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.
3 47
E:\FR\FM\10FEN1.SGM
FR 18618–18621 (April 30, 1982).
10FEN1
Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Notices
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.
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
information collection submission to
OMB are available from the CFTC
Clearance Officer, 1155 21st Street,
NW., Washington DC 20581, (202) 418–
5160.
Dated: February 4, 2010.
David A. Stawick,
Secretary of the Commission.
6639
Accommodations-Virginia Graeme
Baker Pool and Spa Safety Act.
For a recorded message containing the
latest agenda information, call (301)
504–7948.
Contact Person for More Information:
Todd A. Stevenson, Office of the
Secretary, U.S. Consumer Product
Safety Commission, 4330 East-West
Highway, Bethesda, MD 20814, (301)
504–7923.
Dated: February 2, 2010.
Todd A. Stevenson,
Secretary.
[FR Doc. 2010–2811 Filed 2–9–10; 8:45 am]
[FR Doc. 2010–2821 Filed 2–9–10; 8:45 am]
BILLING CODE 6355–01–M
BILLING CODE P
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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.
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.
4 Public
Law 104–13 (May 13, 1995).
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16:21 Feb 09, 2010
Jkt 220001
DEPARTMENT OF DEFENSE
CONSUMER PRODUCT SAFETY
COMMISSION
Office of the Secretary
[Docket ID: DoD–2010–OS–0015]
Sunshine Act Meetings
TIME AND DATE:
Wednesday, February 10,
2010, 2–4 p.m.
PLACE: Hearing Room 420, Bethesda
Towers, 4330 East West Highway,
Bethesda, Maryland.
STATUS: Closed to the Public.
MATTER TO BE CONSIDERED:
Compliance Weekly Report—
Commission Briefing
The staff will brief the Commission on
various compliance matters.
For a recorded message containing the
latest agenda information, call (301)
504–7948.
CONTACT PERSON FOR MORE INFORMATION:
Todd A. Stevenson, Office of the
Secretary, U.S. Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814 (301)
504–7923.
Dated: February 2, 2010.
Todd A. Stevenson,
Secretary.
[FR Doc. 2010–2809 Filed 2–9–10; 8:45 am]
BILLING CODE 6355–01–M
CONSUMER PRODUCT SAFETY
COMMISSION
Sunshine Act Meetings
Time and Date: Wednesday, February
10, 2010, 9 a.m.–12 Noon.
Place: Hearing Room 420, Bethesda
Towers, 4330 East-West Highway,
Bethesda, Maryland.
Status: Open to the Public—
Commission Briefing.
Matter To Be Considered:
Unblockable Drains/Minimum State
Requirements for Grants/Public
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Proposed Collection; Comment
Request
AGENCY: Office of the Deputy Under
Secretary of Defense (Industrial Policy),
DoD.
ACTION: Notice.
In compliance with Section
3506(c)(2)(A) of the Paperwork
Reduction Act of 1995, the Office of the
Deputy Under Secretary of Defense
(Industrial Policy) announces a
proposed new public information
collection and seeks public comment on
the provisions thereof. Comments are
invited on: (a) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed information collection; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the information collection on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
DATES: Consideration will be given to all
comments received by April 12, 2010.
ADDRESSES: You may submit comments,
identified by docket number and title,
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 1160 Defense Pentagon,
Washington, DC 20301–1160.
Instructions: All submissions received
must include the agency name, docket
number and title for this Federal
E:\FR\FM\10FEN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 27 (Wednesday, February 10, 2010)]
[Notices]
[Pages 6637-6639]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2821]
=======================================================================
-----------------------------------------------------------------------
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 (Correction)--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. Please note that the
designation for submission of comments has changed.
[[Page 6638]]
DATES: Comments must be received by April 12, 2010.
ADDRESSES: Interested persons should submit their views and comments to
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. In
addition, comments may be sent by facsimile transmission to number
(202) 418-5528, or by electronic mail to amusalem@cftc.gov or
achapin@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 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,'' 17 CFR 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 or 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.
[[Page 6639]]
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 information
collection submission to OMB are available from the CFTC Clearance
Officer, 1155 21st Street, NW., Washington DC 20581, (202) 418-5160.
Dated: February 4, 2010.
David A. Stawick,
Secretary of the Commission.
[FR Doc. 2010-2821 Filed 2-9-10; 8:45 am]
BILLING CODE P
