Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Consumer Focus Groups, 56998-56999 [2010-23280]
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56998
Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Notices
I. Background
In 1985, the Commission adopted
Rule 4.5, which provides an exclusion
from the definition of ‘‘CPO’’ for certain
otherwise regulated persons that
operated certain qualifying entities.1 At
the time of its adoption, any person
seeking to claim the exclusion was
required to file with the Commission a
notice of eligibility that contained a
representation that
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
* * * such person will operate the
qualifying entity specified therein in a
manner such that the qualifying entity: (i)
Will use commodity futures or commodity
options contracts solely for bona fide hedging
purposes within the meaning and intent of
§ 1.3(z)(1) [subject to certain provisions]
* * * (ii) Will not enter into commodity
futures and commodity options contracts for
which the aggregate initial margin and
premiums exceed 5 percent of the fair market
value of the entity’s assets, after taking into
account unrealized profits and unrealized
losses on any such contracts * * * and (iii)
Will not be, and has not been, marketing
participations to the public as or in a
commodity pool or otherwise as or in a
vehicle for trading in the commodity futures
or commodity options markets.2
In 2003, the Commission amended
Rule 4.5 by deleting the bona fide
hedging requirement, the limitation on
aggregate initial margin, and the
prohibition on marketing.3 In proposing
these amendments to Rule 4.5, the
Commission explained that its decision
to delete the hedging requirement and
the limitation on aggregate initial
margin was driven by the fact that
persons and qualifying entities that are
otherwise regulated ‘‘may not need to be
subject to any commodity interest
trading criteria to qualify for the
exclusion afforded by Rule 4.5.’’ 4 The
Commission further explained when
adopting the final amendments that its
decision to delete the prohibition on
marketing was driven by comments
claiming that ‘‘the ‘otherwise regulated’
nature of the qualifying entities * * *
would provide adequate customer
protection, and, further, that compliance
with the subjective nature of the
marketing restriction could give rise to
the possibility of unequal enforcement
where commodity interest trading was
restricted.’’ 5
Rule 4.5 currently requires only that
notices of eligibility include
representations that
* * * the qualifying entity: (i) Will
disclose in writing to each participant,
whether existing or prospective, that the
FR 15868–01 (April 23, 1985).
at 15883.
3 68 FR 47221–01, 47223 (Aug. 8, 2003).
4 68 FR 12622–02, 12626 (March 17, 2003).
5 68 FR 47223.
qualifying entity is operated be a person who
has claimed an exclusion from the definition
of the term ‘commodity pool operator’ under
the [Commodity Exchange] Act, and
therefore, who is not subject to registration or
regulation as a pool operator under the
[Commodity Exchange] Act * * * and (ii)
Will submit to special calls as the
Commission may require.6
II. NFA’s Petition
By letter dated August 18, 2010
(‘‘Petition’’), NFA, a registered futures
association, petitioned the Commission
under Rule 13.2 7 to amend Rule 4.5.
Specifically, NFA requested that, in
addition to the two current
representations required in a person’s
notice of eligibility, Rule 4.5 should
require the following representation:
(iii) Furthermore, if the person claiming
the exclusion is an investment company
registered as such under the Investment
Company Act of 1940, then the notice of
eligibility must also contain representations
that such person will operate the qualifying
entity as described in [Rule] 4.5(b)(1) in a
manner such that the qualifying entity: (a)
Will use commodity futures or commodity
options contracts solely for bona fide hedging
purposes within the meaning and intent of
[Rule] 1.3(z)(1); Provided however, That in
addition, with respect to positions in
commodity futures or commodity option
contracts that may be held by a qualifying
entity only which do not come within the
meaning and intent of [Rule] 1.3(z)(1), a
qualifying entity may represent that the
aggregate initial margin and premiums
required to establish such positions will not
exceed five percent of the liquidation value
of the qualifying entity’s portfolio, after
taking into account unrealized profits and
unrealized losses on any such contracts it has
entered into; and, Provided further, That in
the case of an option that is in-the-money at
the time of purchase, the in-the-money
amount as defined in [Rule] 190.01(x) may be
excluded in computing such [five] percent;
(b) Will not be, and has not been, marketing
participations to the public as or in a
commodity pool or otherwise as or in a
vehicle for trading in (or otherwise seeking
investment exposure to) the commodity
futures or commodity options markets.
III. Request for Comments
The Commission requests public
comment on any aspect of the Petition
that commenters believe may raise
issues under the Commodity Exchange
Act or Commission regulations.
*
*
*
*
*
1 50
2 Id.
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14:46 Sep 16, 2010
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6 17
CFR 4.5(c)(2).
CFR 13.2 (enumerating the process by which
the Commission may be petitioned for the issuance,
amendment or repeal of a rule).
7 17
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Frm 00020
Fmt 4703
Sfmt 4703
Issued in Washington, DC, on September
13, 2010 by the Commission.
David A. Stawick,
Secretary of the Commission.
[FR Doc. 2010–23310 Filed 9–16–10; 8:45 am]
BILLING CODE 6351–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2010–0046]
Agency Information Collection
Activities; Submission for Office of
Management and Budget Review;
Comment Request; Consumer Focus
Groups
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
The Consumer Product Safety
Commission (‘‘CPSC’’ or ‘‘Commission’’)
is announcing that a proposed
collection of information has been
submitted to the Office of Management
and Budget (‘‘OMB’’) for review and
clearance under the Paperwork
Reduction Act of 1995.
DATES: Fax written comments on the
collection of information by October 18,
2010.
ADDRESSES: To ensure that comments on
the information collection are received,
OMB recommends that written
comments be faxed to the Office of
Information and Regulatory Affairs,
OMB, Attn: CPSC Desk Officer, FAX:
202–395–6974, or e-mailed to
oira_submission@omb.eop.gov. All
comments should be identified with the
OMB control number 3041–0136 and
identified by Docket No. CPSC–2010–
0046. In addition, written comments
also should be submitted in https://
www.regulations.gov under Docket No.
CPSC–2010–0046, or by mail/hand
delivery/courier (for paper, disk, or CD–
ROM submissions), preferably in five
copies, to: Office of the Secretary,
Consumer Product Safety Commission,
Room 820, 4330 East West Highway,
Bethesda, MD 20814; telephone (301)
504–7923.
FOR FURTHER INFORMATION CONTACT:
Linda Glatz, Division of Policy and
Planning, Office of Information
Technology, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814, (301) 504–7671,
lglatz@cpsc.gov.
SUMMARY:
In
compliance with 44 U.S.C. 3507, the
CPSC has submitted the following
proposed collection of information to
OMB for review and clearance:
SUPPLEMENTARY INFORMATION:
E:\FR\FM\17SEN1.SGM
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wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Notices
Consumer Focus Groups—(OMB
Control Number 3041–0136–Extension).
The Commission is authorized, under
section 5(a) of the Consumer Product
Safety Act (‘‘CPSA’’), 15 U.S.C. 2054(a),
to collect information, conduct research,
and perform studies and investigations
relating to the causes and prevention of
deaths, accidents, injuries, illnesses,
other health impairments, and economic
losses associated with consumer
products. Section 5(b) of the CPSA, 15
U.S.C. 2054(b), further provides that the
Commission may conduct research,
studies and investigations on the safety
of consumer products or test consumer
products and develop product safety
test methods and testing devices.
To better identify and evaluate the
risks of product-related incidents, the
Commission staff invites and obtains
direct feedback from consumers on
issues related to product safety such as
recall effectiveness, product use, and
perceptions regarding safety issues.
Through participation in certain focus
groups, consumers answer questions
and provide information regarding their
actual experiences, opinions and/or
perceptions on the use or pattern of use
of a specific product or type of product,
including recalled products. The
information collected from the
Consumer Focus Groups will help
inform the Commission’s evaluation of
consumer products and product use by
providing insight and information into
consumer perceptions and usage
patterns. Such information also may
assist the Commission’s efforts to
support voluntary standards activities
and help identify areas regarding
consumer safety issues that need
additional research. In addition, the
information will assist with forming
new ways of providing user friendly
data to consumers through CPSC’s Web
site and information and education
campaigns.
If this information is not collected, the
Commission may not have available
certain useful information regarding
consumer experiences, opinions, and
perceptions related to specific product
use in its ongoing efforts to improve the
safety of consumer products and safety
information on behalf of consumers.
Currently, the Commission staff relies
on its expert judgment about consumer
behavior, perceptions, and similar
information related to consumer
products and product use. Not
conducting the information collection
activity, therefore, could reduce the
quality of assessments currently
completed by Commission staff. The
information collection activity would
likely provide the Commission staff
with information that would focus the
VerDate Mar<15>2010
14:46 Sep 16, 2010
Jkt 220001
staff’s assessments, or could provide
insight into consumer perceptions and
usage patterns that could not be
anticipated by Commission staff.
In the Federal Register of June 7, 2010
(75 FR 32161), the CPSC published a 60day notice requesting public comment
on the proposed collection of
information. No comments were
received.
We estimate the burden of this
collection of information as follows. We
anticipate that, over the three year
period of this request, we will conduct
40 focus groups and 20 one-on-one
interviews for a variety of projects. The
total hours of burden to the respondents
are: (4 hours per person × 400
participants) + (30 minutes per person
× 20 participants) = 1,610 hours (537
hours budgeted per year for three years).
The total annual cost is: 1,610 × $29.40
(U.S. Department of Labor, Employer
costs for Employee Compensation,
September 2009) = $47,334 ($15,778
budgeted per year for three years).
The estimated annual cost of the
information collection requirements to
the Federal government is
approximately $140,000 per year for
three years. Salary and benefits costs for
government personnel assigned to this
study are estimated at $127,573 based
on 9 months of staff time at an average
level of GS–14 step 5 (($119,238 ÷ .701)
÷ 12 months) × 21 months), using a 70.1
percent ratio of wages and salary to total
compensation from Table 1 of the
December 2009 Employer Costs for
Employee Compensation, published by
the Bureau of Labor Statistics. This sum
also includes travel costs expended for
meeting with contractors ($40,000,
estimated at $1,000 per focus group),
and contracts for conducting focus
groups and/or one-on-one interviews
($250,000, estimated at $5,000 per focus
group and $2,500 per one-on-one
interview).
Dated: September 14, 2010.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
56999
Facilities Safety Board (DNFSB) Senior
Executive Service (SES) Performance
Review Board (PRB).
DATES: Effective Date: September 17,
2010.
ADDRESS: Send comments concerning
this notice to: Defense Nuclear Facilities
Safety Board, 625 Indiana Avenue, NW.,
Suite 700, Washington, DC 20004–2001.
FOR FURTHER INFORMATION CONTACT:
Deborah Biscieglia by telephone at (202)
694–7041 or by e-mail at
debbieb@dnfsb.gov.
SUPPLEMENTARY INFORMATION: 5 U.S.C.
4314 (c)(1) through (5) requires each
agency to establish, in accordance with
regulations prescribed by the Office of
Personnel Management, one or more
performance review boards. The PRB
shall review and evaluate the initial
summary rating of the senior executive’s
performance, the executive’s response,
and the higher level official’s comments
on the initial summary rating. In
addition, the PRB will review and
recommend executive performance
bonuses and pay increases.
The DNFSB is a small, independent
Federal agency; therefore, the members
of the DNFSB SES Performance Review
Board listed in this notice are drawn
from the SES ranks of other agencies.
The following persons comprise a
standing roster to serve as members of
the Defense Nuclear Facilities Safety
Board SES Performance Review Board:
Christopher E. Aiello, Director of
Human Resources, Federal Deposit
Insurance Corporation
David M. Capozzi, Director of Technical
and Information Services, United
States Access Board
DeDe Greene, Executive Officer, Civil
Rights Division, Department of Justice
Christopher W. Warner, General
Counsel, U.S. Chemical Safety and
Hazard Investigation Board
Dated: September 10, 2010.
Brian Grosner,
Chairman, Executive Resources Board.
[FR Doc. 2010–23180 Filed 9–16–10; 8:45 am]
BILLING CODE 3670–01–P
[FR Doc. 2010–23280 Filed 9–16–10; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
DEFENSE NUCLEAR FACILITIES
SAFETY BOARD
Department of the Navy
Senior Executive Service Performance
Review Board
Defense Nuclear Facilities
Safety Board.
ACTION: Notice.
Meeting of the Independent Panel To
Review the Judge Advocate
Requirements of the Department of the
Navy
AGENCY:
AGENCY:
This notice announces the
membership of the Defense Nuclear
SUMMARY:
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
ACTION:
Department of the Navy, DoD.
Notice of Open Meetings.
The Independent Panel to
Review the Judge Advocate
SUMMARY:
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]]>Agencies
[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Notices]
[Pages 56998-56999]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23280]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2010-0046]
Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Consumer Focus Groups
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Consumer Product Safety Commission (``CPSC'' or
``Commission'') is announcing that a proposed collection of information
has been submitted to the Office of Management and Budget (``OMB'') for
review and clearance under the Paperwork Reduction Act of 1995.
DATES: Fax written comments on the collection of information by October
18, 2010.
ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: CPSC Desk Officer,
FAX: 202-395-6974, or e-mailed to oira_submission@omb.eop.gov. All
comments should be identified with the OMB control number 3041-0136 and
identified by Docket No. CPSC-2010-0046. In addition, written comments
also should be submitted in https://www.regulations.gov under Docket No.
CPSC-2010-0046, or by mail/hand delivery/courier (for paper, disk, or
CD-ROM submissions), preferably in five copies, to: Office of the
Secretary, Consumer Product Safety Commission, Room 820, 4330 East West
Highway, Bethesda, MD 20814; telephone (301) 504-7923.
FOR FURTHER INFORMATION CONTACT: Linda Glatz, Division of Policy and
Planning, Office of Information Technology, Consumer Product Safety
Commission, 4330 East West Highway, Bethesda, MD 20814, (301) 504-7671,
lglatz@cpsc.gov.
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, the CPSC
has submitted the following proposed collection of information to OMB
for review and clearance:
[[Page 56999]]
Consumer Focus Groups--(OMB Control Number 3041-0136-Extension).
The Commission is authorized, under section 5(a) of the Consumer
Product Safety Act (``CPSA''), 15 U.S.C. 2054(a), to collect
information, conduct research, and perform studies and investigations
relating to the causes and prevention of deaths, accidents, injuries,
illnesses, other health impairments, and economic losses associated
with consumer products. Section 5(b) of the CPSA, 15 U.S.C. 2054(b),
further provides that the Commission may conduct research, studies and
investigations on the safety of consumer products or test consumer
products and develop product safety test methods and testing devices.
To better identify and evaluate the risks of product-related
incidents, the Commission staff invites and obtains direct feedback
from consumers on issues related to product safety such as recall
effectiveness, product use, and perceptions regarding safety issues.
Through participation in certain focus groups, consumers answer
questions and provide information regarding their actual experiences,
opinions and/or perceptions on the use or pattern of use of a specific
product or type of product, including recalled products. The
information collected from the Consumer Focus Groups will help inform
the Commission's evaluation of consumer products and product use by
providing insight and information into consumer perceptions and usage
patterns. Such information also may assist the Commission's efforts to
support voluntary standards activities and help identify areas
regarding consumer safety issues that need additional research. In
addition, the information will assist with forming new ways of
providing user friendly data to consumers through CPSC's Web site and
information and education campaigns.
If this information is not collected, the Commission may not have
available certain useful information regarding consumer experiences,
opinions, and perceptions related to specific product use in its
ongoing efforts to improve the safety of consumer products and safety
information on behalf of consumers. Currently, the Commission staff
relies on its expert judgment about consumer behavior, perceptions, and
similar information related to consumer products and product use. Not
conducting the information collection activity, therefore, could reduce
the quality of assessments currently completed by Commission staff. The
information collection activity would likely provide the Commission
staff with information that would focus the staff's assessments, or
could provide insight into consumer perceptions and usage patterns that
could not be anticipated by Commission staff.
In the Federal Register of June 7, 2010 (75 FR 32161), the CPSC
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
We estimate the burden of this collection of information as
follows. We anticipate that, over the three year period of this
request, we will conduct 40 focus groups and 20 one-on-one interviews
for a variety of projects. The total hours of burden to the respondents
are: (4 hours per person x 400 participants) + (30 minutes per person x
20 participants) = 1,610 hours (537 hours budgeted per year for three
years). The total annual cost is: 1,610 x $29.40 (U.S. Department of
Labor, Employer costs for Employee Compensation, September 2009) =
$47,334 ($15,778 budgeted per year for three years).
The estimated annual cost of the information collection
requirements to the Federal government is approximately $140,000 per
year for three years. Salary and benefits costs for government
personnel assigned to this study are estimated at $127,573 based on 9
months of staff time at an average level of GS-14 step 5 (($119,238 /
.701) / 12 months) x 21 months), using a 70.1 percent ratio of wages
and salary to total compensation from Table 1 of the December 2009
Employer Costs for Employee Compensation, published by the Bureau of
Labor Statistics. This sum also includes travel costs expended for
meeting with contractors ($40,000, estimated at $1,000 per focus
group), and contracts for conducting focus groups and/or one-on-one
interviews ($250,000, estimated at $5,000 per focus group and $2,500
per one-on-one interview).
Dated: September 14, 2010.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2010-23280 Filed 9-16-10; 8:45 am]
BILLING CODE 6355-01-P
