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Code · REGISTER · 2007-08-23 · National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce · Notices

Notices. Notice of public hearings

7,275 words·~33 min read·/register/2007/08/23/07-4142

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XC18 Gulf of Mexico Fishery Management Council; Public Hearings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public hearings. SUMMARY: The Gulf of Mexico Fishery Management Council (Council) will convene Public Hearings on Reef Fish Amendment 30A and Scoping Amendment 29. DATES: The public meetings will held from September 10 - 18, 2007 at 10 locations throughout the Gulf of Mexico.
For specific dates and times see SUPPLEMENTARY INFORMATION . ADDRESSES: The public meetings will be held in the following locations: St. Petersburg, Ft. Myers, Marathon and Panama City, FL; Biloxi, MS; Gulf Shores, AL; New Orleans, LA; Galveston, Palacios and Corpus Christi, TX. For specific dates and times see SUPPLEMENTARY INFORMATION . *Council address* : Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT:
Frank S. Kennedy, Fishery Biologist; telephone:
(813)348-1630. SUPPLEMENTARY INFORMATION: The Gulf of Mexico Fishery Management Council (Council) has scheduled a series of public hearings and scoping meetings to receive comments on Draft Amendment 30A and a scoping document for Amendment 29 to the Reef Fish Fishery Management Plan. Amendment 30A contains potential management measures to modify the rebuilding plan for greater amberjack and to establish a rebuilding plan for gray triggerfish in order to end overfishing and rebuild the stocks of both species. These measures would reduce the directed greater amberjack harvest by 32 percent and reduce harvest of gray triggerfish by 49 percent. Amendment 30A also contains management measures that consider re-allocation of the greater amberjack and gray triggerfish resources between commercial and recreational fishers and accountability measures to ensure compliance with the rebuilding plans. Amendment 29 will rationalize effort and reduce overcapacity in the commercial grouper fishery. The public hearings will begin at 6 p.m. with Amendment 30A will be followed by the scoping hearing for Amendment 29. Public testimony will conclude no later than 10 p.m. at each of the following locations: *Monday, September 10, 2007* , W Hotel, 333 Poydras St., New Orleans, LA 70130, telephone:
(504)525-9444; *Monday, September 10, 2007* , Wingate Inn, 12009 Indian River Rd., Biloxi, MS 39540, telephone:
(228)396-0036; *Tuesday, September 11, 2007* , Courtyard by Marriott, 3750 Gulf Shores Pkwy., Gulf Shores, AL 36542, telephone:
(251)968-1113; *Tuesday, September 11, 2007* , Holiday Inn, 5002 Seawall Blvd, Galveston, TX 77551, telephone:
(409)740-3581; *Wednesday, September 12, 2007* , Edgewater Beach Resort, 11212 Front Beach Road Panama City, FL 32407, telephone:
(800)331-6338; *Wednesday, September 12, 2007* , Palacios Recreational Center, 2401 Perryman, Palacios, TX 77465, telephone:
(361)972-2387; *Thursday, September 13, 2007* , Holiday Inn Emerald Beach, 1102 S. Shoreline Blvd., Corpus Christi, TX 78401, telephone:
(361)883-5731. *Monday, September 17, 2007* , Radisson Hotel, 12600 Roosevelt Blvd., St. Petersburg, FL 33716, telephone:
(727)572-7800; *Tuesday, September 18, 2007* , Sombrero Cay Club Resort, 19 Sombrero Blvd., Marathon, FL 33050, telephone:
(305)743-2250; *Wednesday, September 19, 2007* , Clarion Hotel, 12635 S. Cleveland Ave., Ft. Myers, FL 33907, telephone:
(239)936-4300. Copies of the Amendments can be obtained by calling the Council office at
(813)348-1630. These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Tina Trezza at the Council (see ADDRESSES ) at least 5 working days prior to the meeting. Dated: August 17, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-16618 Filed 8-22-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XC17 Pacific Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The Pacific Fishery Management Council's (Council) Groundfish Allocation Committee
(GAC)will hold a working meeting, which is open to the public. DATES: The GAC meeting will be held Tuesday, September 25, 2007, from 8:30 a.m. until business for the day is completed. The GAC will reconvene Wednesday, September 26, 2007, and Thursday, September 27 at 8:30 a.m. each day until their business is completed. ADDRESSES: The GAC meeting will be held at the Pacific Fishery Management Council, Large Conference Room, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384. telephone:
(503)820-2280. *Council address* : Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384. FOR FURTHER INFORMATION CONTACT: Mr. John DeVore, Groundfish Management Coordinator; telephone:
(503)820-2280. SUPPLEMENTARY INFORMATION: The purpose of the GAC meeting is to consider draft alternatives, preliminary analyses, and other material for rationalizing the Pacific Coast limited entry groundfish trawl industry (trawl rationalization), and for allocating Pacific Coast groundfish stocks and stock complexes to the various Pacific Coast fishery sectors (intersector allocation). Trawl rationalization issues will be discussed by the GAC on Tuesday and Wednesday, September, 25-26; and intersector allocation issues will be discussed on Thursday, September 27. No management actions will be decided by the GAC. The GAC's role will be development of recommendations and refinement of draft alternatives for analysis in two contemplated environmental impact statements. The GAC recommendations will be provided for consideration by the Council at its November 2007 meeting in San Diego, CA. Although non-emergency issues not contained in the meeting agenda may come before the GAC for discussion, those issues may not be the subject of formal GAC action during this meeting. GAC action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under Section 305 ) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the GAC's intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Ms. Carolyn Porter at
(503)820-2280 at least 5 days prior to the meeting date. Dated: August 17, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-16617 Filed 8-22-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648-XC19 Pacific Fishery Management Council; Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. SUMMARY: The Pacific Fishery Management Council (Council) and its advisory entities will hold public meetings. DATES: The Council and its advisory entities will meet September 9-14, 2007. The Council meeting will begin on Monday, September 10, at 2 p.m., reconvening each day through Friday, September 14. All meetings are open to the public, except a closed session will be held from 2 p.m. until 3 p.m. on Monday, September 10 to address litigation and personnel matters. The Council will meet as late as necessary each day to complete its scheduled business. ADDRESSES: The meetings will be held at the Doubletree Hotel Portland Lloyd Center, 1000 NE Multnomah Street, Portland, OR 97232; telephone:
(503)281-6111. Council address: Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220. FOR FURTHER INFORMATION CONTACT: Dr. Donald O. McIsaac, Executive Director; telephone:
(503)820-2280. SUPPLEMENTARY INFORMATION: The following items are on the Council agenda, but not necessarily in this order: A. Call to Order 1. Opening Remarks and Introductions 2. Swearing in of New Member 3. Roll Call 4. Executive Director's Report 5. Approve Agenda B. Administrative Matters 1. Future Council Meeting Agenda Planning 2. West Coast Governors' Agreement on Ocean Health 3. Magnuson-Stevens Act Reauthorization Implementation 4. Legislative Matters 5. Fiscal Matters 6. Appointments to Advisory Bodies, Standing Committees, and Other Forums, and Changes to Council Operating Procedures as Needed 7. Approval of Council Meeting Minutes 8. Council Three-Meeting Outlook, November 2007 Council Meeting Agenda, and Workload Priorities C. Open Public Comment Comments on Non-Agenda Items D. Enforcement State Enforcement Activity Report E. Habitat Current Habitat Issues F. Highly Migratory Species Management 1. National Marine Fisheries Service Report 2. High Seas Limited Entry Longline Fishery 3. Yellowfin Tuna Overfishing 4. North Pacific Albacore Tuna Stock Assessment G. Groundfish Management 1. National Marine Fisheries Service Report 2. Off-Year Science Improvements 3. Consideration of Inseason Adjustments 4. Stock Assessments for 2009-2010 Groundfish Fisheries 5. Amendment 15: Participation Limitation in the Pacific Whiting Fishery 6. Final Consideration of Inseason Adjustments (if Needed) H. Pacific Halibut Management 1. Proposed Changes to Catch Sharing Plan and 2008 Annual Regulations 2. Pacific Halibut Bycatch Estimate for International Pacific Halibut Commission Adoption 3. Pacific Halibut Stock Assessment I. Salmon Management 1. Salmon Methodology Review 2. Klamath River Fall Chinook Overfishing Assessment Progress Report SCHEDULE OF ANCILLARY MEETINGS Sunday, September 9, 2007 Scientific and Statistical Committee Economic Subcommittee 1 p.m. Monday, September 10, 2007 Council Secretariat 8 a.m. Groundfish Advisory Subpanel 8 a.m. Groundfish Management Team 8 a.m. Scientific and Statistical Committee 8 a.m. Budget Committee 8:30 a.m. Habitat Committee 8:30 a.m. Legislative Committee 10 a.m. Enforcement Consultants 4:30 p.m. Groundfish Stock Assessment Question and Answer Session 7 p.m. Tuesday, September 11, 2007 Council Secretariat 7 a.m. California State Delegation 7 a.m. Oregon State Delegation 7 a.m. Washington State Delegation 7 a.m. Enforcement Consultants 8 a.m. Groundfish Advisory Subpanel 8 a.m. Groundfish Management Team 8 a.m. Scientific and Statistical Committee 8 a.m. Wednesday, September 12, 2007 Council Secretariat 7 a.m. California State Delegation 7 a.m. Oregon State Delegation 7 a.m. Washington State Delegation 7 a.m. Enforcement Consultants 8 a.m. Groundfish Advisory Subpanel 8 a.m. Groundfish Management Team 8 a.m. Scientific and Statistical Committee 8 a.m. Olympic Coast National Marine Sanctuary Marine Habitat Research Report 7 p.m. Thursday, September 13, 2007 Council Secretariat 7 a.m. California State Delegation 7 a.m. Oregon State Delegation 7 a.m. Washington State Delegation 7 a.m. Groundfish Advisory Subpanel 8 a.m. Groundfish Management Team 8 a.m. Enforcement Consultants As needed. Friday, September 14, 2007 Council Secretariat 7 a.m. California State Delegation 7 a.m. Oregon State Delegation 7 a.m. Washington State Delegation 7 a.m. Enforcement Consultants As needed. Although non-emergency issues not contained in this agenda may come before this Council for discussion, those issues may not be the subject of formal Council action during this meeting. Council action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Fishery Conservation and Management 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 Ms. Carolyn Porter at
(503)820-2280 at least 5 days prior to the meeting date. Dated: August 17, 2007. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-16625 Filed 8-22-07; 8:45 am] BILLING CODE 3510-22-S COMMODITY FUTURES TRADING COMMISSION Petition of the Chicago Mercantile Exchange Inc. for Exemptive Relief, Pursuant to Section 4(c) of the Commodity Exchange Act, From the Requirement That the China Foreign Exchange Trade System and National Interbank Funding Center or Its Members Register as Futures Commission Merchants AGENCY: Commodity Futures Trading Commission. ACTION: Notice of proposed order and request for comment. SUMMARY: The Chicago Mercantile Exchange Inc.
(CME)has petitioned the Commodity Futures Trading Commission (Commission) for exemptive relief, pursuant to section 4(c) of the Commodity Exchange Act (Act or CEA), from the requirement that the China Foreign Exchange Trade System and National Interbank Funding Center (CFETS) or its members register as futures commission merchants (FCMs). The Commission seeks comment on CME's petition. Copies of the petition are available for inspection at the Office of the Secretariat by mail at the address listed below, by telephoning
(202)418-5100, or on the Commission's Web site ( *http://www.cftc.gov* ). DATES: Comments must be received on or before September 24, 2007. ADDRESSES: Comments should be sent to David A. Stawick, Secretary, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. Comments may be sent by facsimile transmission to
(202)418-5521, or by e-mail to *secretary@cftc.gov.* Reference should be made to “CME Petition for Exemption from FCM Registration on Behalf of CFETS.” Comments may also be submitted by connecting to the Federal eRulemaking Portal at *http://www.regulations.gov* and following the comment submission instructions. Comments will be published on the Commission's Web site. FOR FURTHER INFORMATION CONTACT: Robert B. Wasserman, Associate Director,
(202)418-5092, *rwasserman@cftc.gov,* Division of Clearing and Intermediary Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. SUPPLEMENTARY INFORMATION: I. Background By petition dated July 27, 2007 (Petition), CME applied for an exemption, pursuant to section 4(c) of the Act, 7 U.S.C. 6(c), from the requirement (pursuant to section 4d of the Act, 7 U.S.C. 6d) that CFETS or its members register as FCMs. According to the Petition, CFETS is a non-profit affiliate of the People's Bank of China (PBC). CFETS operates an electronic trading system with respect to trading in the interbank foreign exchange market, Renminbi
(RMB)lending, and trading on the bond market in China. The foreign currencies traded against the RMB through CFETS include the U.S. dollar, Japanese yen, Euro, and Hong Kong dollar, and CFETS provides trading services for foreign exchange spot, forwards, and swaps. CFETS also operates China's interbank RMB money market and facilitates the trading of government securities and repo transactions. CFETS has over 270 members engaged in foreign exchange trading, including all of the major Chinese banks. CFETS members also include insurance and securities companies, fund management companies, and foreign financial institutions. CME and CFETS have entered into an agreement pursuant to which CFETS will become a “super-clearing” member of CME authorized to clear foreign currency and interest rate futures transactions on behalf of CFETS members and their customers domiciled in China. Although CFETS members include non-Chinese financial institutions, only those of its members (and their customers) that are domiciled in China would be permitted to clear CME contracts through CFETS under the agreement. Pursuant to the agreement, CME will, among other things, provide consulting services and technical assistance to CFETS. In addition, CME and CFETS will cooperate to complete both a comprehensive training program and a marketing program. Under the arrangement, CFETS' compliance with CME operational procedures will not be enforced via regulatory processes applicable to other clearing members, but instead under the terms of the agreement. As a clearing member of CME, CFETS would fall within the FCM definition of section 1a(20) of the Act, 7 U.S.C. 1a(20), in that it would “accept[] orders for the purchase or sale of [a] commodity for future delivery on or subject to the rules of [a] contract market * * * and * * * in or in connection with such * * * acceptance of orders, [would] accept[] * * * money, securities, or property * * * to margin, guarantee, or secure * * * trades or contracts that * * * result therefrom.” While the Commission and its predecessor agencies have not applied the FCM registration requirement to foreign brokers 1 that clear through U.S. FCMs, Commission staff have stated that the FCM registration requirement of Section 4d(a)(1) of the Act, 7 U.S.C. 6d(a)(1), applies to foreign brokers that clear directly through a U.S.-based clearinghouse, 2 as CFETS will under the proposed arrangement with CME. 1 In this context, “foreign broker” means any person located outside the U.S., its territories, or possessions who is engaged in soliciting or in accepting orders only from persons located outside the U.S., its territories, or possessions for the purchase or sale of any commodity interest transaction on or subject to the rules of any designated contract market or derivatives execution facility and that, in or in connection with such solicitation or acceptance of orders, accepts any money, securities, or property (or extends credit in lieu thereof) to margin, guarantee, or secure any trades or contracts that result or may result therefrom. *See Exemption From Registration for Certain Foreign Persons,* 72 FR 15,637 (Apr. 2, 2007) (proposing to revise and redesignate a definition for the term “foreign broker”). 2 The Commission has recently proposed to codify its longstanding view that a foreign broker is not required to register if the foreign broker:
(1)Limits its customers to foreign customers;
(2)submits the trades of such foreign customers that are entered into on U.S. markets for clearing on an omnibus basis through a registered FCM; and
(3)does not solicit or accept orders from U.S. customers for trading on U.S. markets. *See supra* note 1; *see also* CFTC Staff Letter 89-07, [1987-1990 Transfer Binder] Comm. Fut. L. Rep.
(CCH)¶ 24,479 at 36,096-97 (June 22, 1989) (“The Commission has not required a person located outside the United States which engages in the conduct described in section 2(a)(1)(A) of [the Act] for or on behalf of foreign customers through a U.S. FCM to register as an FCM”). In the proposal, the Commission specifically noted that, by limiting exemptive relief in the past to activities conducted “though a U.S. FCM” “staff did not extend the exemptive relief available to a foreign broker to include the submission of trades executed for its customer and non-customer accounts directly to a clearing organization for a U.S. market.” *See* 72 FR at 15,638. CME states that, given CFETS' status as an entity that is not separately capitalized, “CFETS itself will not be in a position to provide net capital information to CME. Therefore, CFETS cannot meet the requirements that would apply if it were required to register as an FCM.” 3 CME further states that, in light of CFETS' existing business environment, CFETS is currently unable to establish a capitalized subsidiary in the U.S. that could otherwise meet the requirements applicable to registered FCMs. Consequently, CME is seeking an exemption, pursuant to section 4(c) of the Act, 7 U.S.C. 6(c), on behalf of CFETS, from the FCM registration requirement. CME is also seeking relief from any FCM registration requirement that might apply to CFETS members. 3 Petition, at 3. Section 4(c)(1) of the Act, 7 U.S.C. 6(c)(1), empowers the Commission to “promote responsible economic or financial innovation and fair competition” by exempting any transaction or class of transactions, including any person offering or entering into such transaction, from any of the provisions of the CEA (subject to exceptions not relevant here) where the Commission determines that the exemption would be consistent with the public interest. 4 4 Section 4(c)(1) of the Act, 7 U.S.C. 6(c)(1), provides that: In order to promote responsible economic or financial innovation and fair competition, the Commission by * * * order, after notice and opportunity for hearing, may ( * * * on application of any person, including any board of trade designated or registered as a contract market * * *) exempt any agreement, contract, or transaction (or class thereof) that is otherwise subject to subsection
(a)of this section (including any person or class of persons offering, entering into, rendering advice or rendering other services with respect to, the agreement, contract, or transaction), either unconditionally or on stated terms or conditions or for stated periods * * * from any * * * provision of this chapter (except subparagraphs (C)(ii) and
(D)of section 2(a)(1) of this title, except that the Commission and the Securities and Exchange Commission may by rule, regulation, or order jointly exclude any agreement, contract, or transaction from section 2(a)(1)(D) of this title), if the Commission determines that the exemption would be consistent with the public interest. While Section 4(c)(2) of the Act, 7 U.S.C. 6(c)(2), imposes additional requirements with respect to any exemption from the requirements of Section 4(a) of the Act, 7 U.S.C. 6(a), CME is not seeking such relief. The Petition includes, among other things, the following conditions that could be included in any order granting an exemption to CFETS pursuant to section 4(c), § 6(c): • CFETS shall be required to comply with financial requirements that substitute for those applicable to CME's clearing members. Specifically, CFETS shall be required to satisfy CME's security deposit requirement, which is currently a minimum of $500,000. CFETS shall be required to maintain “surrogate capital” 5 of 8% of aggregate required customer performance bond, but in any case, no less than $10 million. All such surrogate capital shall be required to be held in the form of U.S. dollars or Treasury securities (subject to any haircuts required by Regulation 1.17) in a CME-controlled account in the U.S. 5 If the Commission were to grant CFETS' request for relief, CFETS would not be required to meet the minimum capital requirements of Regulation 1.17. *See* Regulation 1.17, 17 CFR 1.17 (minimum capital requirements applicable to persons “registered as a futures commission merchant”). “Surrogate capital” refers to alternative minimum capital requirements that CME represents that CFETS would be required to meet that are intended to parallel, in effect, the minimum capital requirements of Regulation 1.17. These requirements may be imposed on CFETS as conditions of a Commission order pursuant to Section 4(c)(1), 6(c)(1). • CME shall be required to provide the Commission a monthly report detailing surrogate capital amounts and calculation (which report, or portions thereof, would be published on the Commission's Web site). CME shall be required to provide next-day notice to the Commission if:
(i)Surrogate capital falls below 110% of the requirement; or
(ii)if a customer margin call exceeds excess surrogate capital on deposit. 6 CME shall be required to provide the Commission immediate notice of any deficiency in surrogate capital. 6 For example, if CFETS had a surrogate capital requirement of $10 million, it would be required to maintain surrogate capital of $11 million (110% of the requirement) in a CME-controlled account in order to avoid providing the Commission with next-day notice of its surrogate capital on deposit. • CME and CFETS shall be required to provide all large-trader reporting information at the same time and in the same format that CFETS would be required to provide if CFETS were registered as an FCM. CME and CFETS shall be required to act as agent for service of process regarding trading on CME for both CFETS members and customers of CFETS members. • CME shall not hold CFETS positions and associated funds in U.S. customer accounts segregated pursuant to section 4d of the Act, 7 U.S.C. 6d. • CME and CFETS shall be required to maintain records, in English, in the U.S., sufficient to permit the Commission to confirm compliance with any provision of any order issued by the Commission. CME and CFETS shall be required to make such records available to the Commission in the U.S. within 72 hours of any request. • CME and CFETS shall be required to comply with U.S. anti-money laundering requirements as determined by the U.S. Treasury. • CME and CFETS shall be required to accept joint and several liability in any Commission enforcement action relating to compliance with any order issued by the Commission. • CME and CFETS shall be required to file a report with the Commission providing statistics and analyzing issues (to be determined) within 18 months after issuance of any relief. II. Request for Comments The Commission requests public comment on any aspect of the Petition that commenters believe may raise issues under the CEA or Commission regulations. In particular, the Commission invites comment regarding:
(1)Whether the proposed exemption is consistent with the requirements for relief set forth in section 4(c) of the Act, 7 U.S.C. 6(c), including whether granting the exemption would be consistent with the public interest and the purposes of the CEA;
(2)whether CME's representations, as discussed above, if imposed as conditions of an order pursuant to section 4(c)(1), section 6(c)(1), would provide adequate safeguards with respect to the U.S. clearing system in light of CFETS' exemption from the FCM registration requirement;
(3)whether an order granting the request for relief should include requirements different from or in addition to those discussed above;
(4)whether an order granting the request for relief should exclude any one or more of the requirements discussed above;
(5)any material adverse effects that granting the petition would have upon other derivatives clearing organizations, exchanges, or other Commission registrants from a competitive 7 or other perspective 8 ; and
(6)any other issues relevant to this petition. 7 As noted above, the Commission may grant an exemption pursuant to Section 4(c)(1) of the Act, 7 U.S.C. 6(c)(1), “[i]n order to promote responsible economic or financial innovation and fair competition.” Section 15(b) of the Act, 7 U.S.C. 19(b), provides that the “Commission shall take into consideration the public interest to be protected by the antitrust laws and endeavor to take the least anticompetitive means of achieving the objectives of this chapter, as well as the policies and purposes of this chapter, in issuing any order * * *.” 8 The Commission notes that Section 15(a) of the Act, 7 U.S.C. 19(a), requires that the Commission, before issuing an order, consider the costs and benefits in light of considerations of protection of market participants and the public; considerations of the efficiency, competitiveness, and financial integrity of futures markets; considerations of price discovery; considerations of sound risk management practices; and other public interest considerations. Issued in Washington, DC, on August 8, 2007 by the Commission. David A. Stawick, Secretary of the Commission. [FR Doc. E7-16641 Filed 8-22-07; 8:45 am] BILLING CODE 6351-01-P COMMODITY FUTURES TRADING COMMISSION Fees for Reviews of the Rule Enforcement Programs of Contract Markets and Registered Futures Associations AGENCY: Commodity Futures Trading Commission. ACTION: Establish the FY 2007 schedule of fees. SUMMARY: The Commission charges fees to designated contract markets and registered futures associations to recover the costs incurred by the Commission in the operation of its program of oversight of self-regulatory organization
(SRO)rule enforcement programs (17 CFR part 1 Appendix B) (National Futures Association (NFA), a registered futures association, and the contract markets are referred to as SROs). The calculation of the fee amounts to be charged for FY 2007 is based upon an average of actual program costs incurred during FY 2004, 2005, and 2006, as explained below. The FY 2007 fee schedule is set forth in the SUPPLEMENTARY INFORMATION . Electronic payment of fees is required. DATES: *Effective Dates:* The FY 2007 fees for Commission oversight of each SRO rule enforcement program must be paid by each of the named SROs in the amount specified by no later than October 22, 2007. FOR FURTHER INFORMATION CONTACT: Stacy Dean Yochum, Counsel to the Executive Director, Commodity Futures Trading Commission,
(202)418-5160, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. For information on electronic payment, contact Adrienne Young-Burgess, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581,
(202)418-5196. SUPPLEMENTARY INFORMATION: I. General This notice relates to fees for the Commission's review of the rule enforcement programs at the registered futures associations 1 and designated contract markets (DCM), which are referred to as SROs, regulated by the Commission. 1 NFA is the only registered futures association. II. Schedule of Fees Fees for the Commission's review of the rule enforcement programs at the registered futures associations and DCMs regulated by the Commission: Entity Fee amount Chicago Board of Trade $72,547 Chicago Mercantile Exchange 97,725 New York Mercantile Exchange 59,604 Kansas City Board of Trade 10,799 New York Board of Trade 57,273 Minneapolis Grain Exchange 10,967 HedgeStreet 2,736 One Chicago 18,355 Chicago Climate Futures Exchange 1,731 EUREX 2,523 National Futures Association 273,854 Total 608,114 III. Background Information A. General The Commission recalculates the fees charged each year with the intention of recovering the costs of operating this Commission program. 2 All costs are accounted for by the Commission's Management Accounting Structure Codes
(MASC)system, which records each employee's time for each pay period. The fees are set each year based on direct program costs, plus an overhead factor. 2 See Section 237 of the Futures Trading Act of 1982, 7 U.S.C. 16a and 31 U.S.C. 9701. For a broader discussion of the history of Commission Fees, see 52 FR 46070 (Dec. 4, 1987). B. Overhead Rate The fees charged by the Commission to the SROs are designed to recover program costs, including direct labor costs and overhead. The overhead rate is calculated by dividing total Commission-wide overhead direct program labor costs into the total amount of the Commission-wide overhead pool. For this purpose, direct program labor costs are the salary costs of personnel working in all Commission programs. Overhead costs consist generally of the following Commission-wide costs: Indirect personnel costs (leave and benefits), rent, communications, contract services, utilities, equipment, and supplies. This formula has resulted in the following overhead rates for the most recent three years (rounded to the nearest whole percent): 109 percent for fiscal year 2004, 109 percent for fiscal year 2005, and 109 percent for fiscal year 2006. These overhead rates are applied to the direct labor costs to calculate the costs of oversight of SRO rule enforcement programs. C. Conduct of SRO Rule Enforcement Reviews Under the formula adopted in 1993 (58 FR 42643, Aug. 11, 1993), which appears at 17 CFR Part 1 Appendix B, the Commission calculates the fee to recover the costs of its rule enforcement review and examinations, based on the three-year average of the actual cost of performing such reviews and examinations at each SRO. The cost of operation of the Commission's SRO oversight program varies from SRO to SRO, according to the size and complexity of each SRO's program. The three-year averaging computation method is intended to smooth out year-to-year variations in cost. Timing of the Commission's reviews and examinations may affect costs-a review or examination may span two fiscal years and reviews and examinations are not conducted at each SRO each year. Adjustments to actual costs may be made to relieve the burden on an SRO with a disproportionately large share of program costs. The Commission's formula provides for a reduction in the assessed fee if an SRO has a smaller percentage of United States industry contract volume than its percentage of overall Commission oversight program costs. This adjustment reduces the costs so that, as a percentage of total Commission SRO oversight program costs, they are in line with the pro rata percentage for that SRO of United States industry-wide contract volume. The calculation made is as follows: The fee required to be paid to the Commission by each DCM is equal to the lesser of actual costs based on the three-year historical average of costs for that DCM or one-half of average costs incurred by the Commission for each DCM for the most recent three years, plus a pro rata share (based on average trading volume for the most recent three years) of the aggregate of average annual costs of all DCMs for the most recent three years. The formula for calculating the second factor is: 0.5a + 0.5 vt = current fee. In this formula, “a” equals the average annual costs, “v” equals the percentage of total volume across DCMs over the last three years, and “t” equals the average annual costs for all DCMs. NFA has no contracts traded; hence, its fee is based simply on costs for the most recent three fiscal years. This table summarizes the data used in the calculations and the resulting fee for each entity: 3-year average actual costs 3-year percent of volume (percent) Calculated 2006 fee Chicago Board of Trade $72,547 34.1011 $72,547 Chicago Mercantile Exchange 97,725 52.8310 97,725 New York Mercantile Exchange 73,089 10.4640 59,604 Kansas City Board of Trade 20,685 0.2071 10,799 New York Board of Trade 106,219 1.8893 57,273 Minneapolis Grain Exchange 21,490 0.1006 10,967 HedgeStreet 5,413 0.0137 2,736 One Chicago 35,695 0.2300 18,355 Chicago Climate Futures Exchange 3,461 0.0002 1,731 EUREX 4,403 0.1460 2,523 Subtotal 440,729 334,260 National Futures Association 273,854 273,854 Total 706,718 608,114 An example of how the fee is calculated for one exchange, the Minneapolis Grain Exchange, is set forth here: a. Actual three-year average costs equal $21,490 b. The alternative computation is: (.5) ($21,490) + (.5) (.001006) ($) = $10,967. c. The fee is the lesser of a or b; in this case $10,967. As noted above, the alternative calculation based on contracts traded is not applicable to NFA because it is not a DCM and has no contracts traded. The Commission's average annual cost for conducting oversight review of the NFA rule enforcement program during fiscal years 2004 through 2006 was $273,854 (one-third of $821,561). The fee to be paid by the NFA for the current fiscal year is $273,854. Payment Method The Debt Collection Improvement Act
(DCIA)requires deposits of fees owed to the government by electronic transfer of funds (see 31 U.S.C. 3720). For information about electronic payments, please contact Adrienne Young-Burgess at
(202)418-5196 or *aburgess@cftc.gov,* or see the CFTC Web site at *http://www.cftc.gov,* specifically, *http://www.cftc.gov/cftc/cftcelectronicpayments.htm.* Regulatory Flexibility Act The Regulatory Flexibility Act, 5 U.S.C. 601, *et seq.* , requires agencies to consider the impact of rules on small business. The fees implemented in this release affect contract markets and registered futures associations. The Commission has previously determined that contract markets and registered futures associations are not “small entities” for purposes of the Regulatory Flexibility Act. Accordingly, the Acting Chairman, on behalf of the Commission, certifies pursuant to 5 U.S.C. 605(b) that the fees implemented here will not have a significant economic impact on a substantial number of small entities. Issued in Washington, DC on August 17, 2007, by the Commission. David Stawick, Secretary of the Commission. [FR Doc. E7-16705 Filed 8-22-07; 8:45 am] BILLING CODE 6351-01-P CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Information Collection; Submission for OMB Review; Comment Request AGENCY: Corporation for National and Community Service. ACTION: Notice. SUMMARY: The Corporation for National and Community Service (hereinafter the “Corporation”), has submitted a public information collection request
(ICR)entitled Learn and Serve America Program and Performance Reporting System to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13), (44 U.S.C. Chapter 35). A copy of the ICR, with applicable supporting documentation, may be obtained by calling the Corporation for National and Community Service, Kimberly Spring, 202-606-6629 ( *kspring@cns.gov* ). Individuals who use a telecommunications device for the deaf (TTY-TDD) may call
(202)565-2799 between 8:30 a.m. and 5 p.m. Eastern time, Monday through Friday. ADDRESSES: Comments may be submitted, identified by the title of the information collection activity, to the Office of information and Regulatory Affairs, Attn: Ms. Katherine Astrich, OMB Desk Office for the Corporation for National and Community Service, by any of the following two methods within 30 days from the date of publication in this **Federal Register** .
(1)By fax to:
(202)395-6974, Attention: Ms. Katherine Astrich, OMB Desk Officer for the Corporation for National and Community Service; and
(2)Electronically by e-mail to: *Katherine_T._Astrich@omb.eop.gov* . SUPPLEMENTARY INFORMATION: The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Corporation, including whether the information will have practical utility; • Evaluate the accuracy of the Corporation's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Propose ways to enhance the quality, utility and clarity of the information to be collected; and • Propose ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. Comments A 60-day public comment Notice was published in the **Federal Register** on May 2, 2007. This comment period ended on July 2, 2007. Comments received included requests for additional directions and response options; clarification of questions on participant race and ethnicity; and the addition of questions specific to training and technical assistance activities. The collection system has been modified to address these comments. *Description:* The Corporation is seeking the renewal of the Learn and Serve America Program and Performance Reporting System, also known as LASSIE. The system includes the Program and Performance Measurement Report, which is completed annually by any institution that receives Learn and Serve grant funds. The Report is administered through a web-based system and collects information on the characteristics of reporting institutions, numbers and types of program participants and program partners, service activities, and institutional supports for service-learning. There are three parallel versions of the Report to accommodate differences in terminology and institutional structure among K-12, higher education, and community-based grant recipients. *Type of Review:* Renewal. *Agency:* Corporation for National and Community Service. *Title:* Learn and Serve America Program and Performance Reporting System. *OMB Number:* 3045-0095. *Affected Public:* Learn and Serve America Grantees and Subgrantees. *Number of Respondents:* 2,100. *Frequency:* Annually. *Average Time per Response:* 1/4 hour for grantees and 1 hour for subgrantees. *Estimated Total Burden Hours:* 2025. *Total Burden Cost (capital/startup):* None. *Total Burden Cost (operating/maintenance):* None. Dated: August 14, 2007. Robert Grimm, Director, Department of Research and Policy Development. [FR Doc. E7-16689 Filed 8-22-07; 8:45 am] BILLING CODE 6050-$$-P CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Information Collection; Submission for OMB Review, Comment Request AGENCY: Corporation for National and Community Service. ACTION: Notice. SUMMARY: The Corporation for National and Community Service (hereinafter the “Corporation”) has submitted a public information collection request
(ICR)entitled the Evaluation of Youth Corps: 18-Month Follow-up Survey to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. Chapter 35). Copies of this ICR, with applicable supporting documentation, may be obtained by calling the Corporation for National and Community Service, Ms. Lillian Dote at
(202)606-6984. Individuals who use a telecommunications device for the deaf (TTY-TDD) may call
(202)606-3472 between 8:30 a.m. and 5 p.m. eastern time, Monday through Friday. ADDRESSES: Comments may be submitted, identified by the title of the information collection activity, to the Office of Information and Regulatory Affairs, OMB Desk Officer for the Corporation for National and Community Service, by the following method, within 30 days from the date of publication in this **Federal Register** :
(1)By fax to:
(202)395-6974, Attention: Ms. Katherine Astrich, OMB Desk Officer for the Corporation for National and Community Service.
(2)Electronically by e-mail to: *Katherine_T._Astrich@omb.eop.gov.* SUPPLEMENTARY INFORMATION: The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Corporation, including whether the information will have practical utility; • 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; • Propose ways to enhance the quality, utility, and clarity of the information to be collected; and • Propose ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. Comments A 60-day public comment Notice was published in the **Federal Register** on May 17, 2007. This comment period ended July 16, 2007. No public comments were received from this notice. *Description:* The Corporation is seeking approval of the Evaluation of Youth Corps: 18-Month Follow-up Survey, which will be used to learn about the effects of national service on youth corps participants. The information collection will be completed by individuals 18 months after they were randomly assigned to participate in either a youth corps program or a control group. These individuals completed a baseline survey at the time of application to a youth corps program. *Type of Review:* New. *Agency:* Corporation for National and Community Service. *Title:* Evaluation of Youth Corps: 18-Month Follow-up Survey. *OMB Number:* None. *Agency Number:* None. *Affected Public:* Individuals who have agreed to participate in the evaluation and who have completed a baseline survey. *Total Respondents:* 2,267. *Frequency:* One time. *Average Time per Response:* 45-60 minutes. *Estimated Total Burden Hours:* 2,068 hours. *Total Burden Cost (capital/startup):* None. *Total Burden Cost (operating/maintenance):* None. Dated: August 13, 2007. Robert Grimm, Director, Office of Research and Policy Development. [FR Doc. E7-16691 Filed 8-22-07; 8:45 am] BILLING CODE 6050-$$-P DEPARTMENT OF DEFENSE Office of the Secretary Department of Defense Task Force on the Future of Military Health Care AGENCY: Department of Defense. ACTION: Notice of meeting. SUMMARY: Pursuant to 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 Code of Federal Regulations
(CFR)102-3.140 through 160, the Department of Defense announces the following committee meeting: *Name of Committee:* Department of Defense Task Force on the Future of Military Health Care, a duly established subcommittee of the Defense Health Board. *Date of Meeting:* September 19, 2007. *Time of Meeting:* 8:30 a.m. to 8:50 a.m./Preparatory Work Meeting. 9 a.m. to 11:45 a.m./Public Hearing. 11:50 a.m. to 1 p.m./Four, concurrent Subcommittee Meeting(s). 1:15 p.m. to 4 p.m./Public Hearing. 6 p.m. to 7:30 p.m./Town Hall Public Meeting. *Place of Meeting:* Founders Inn & Spa, 5641 Indian River Road, Virginia Beach, VA 23464. *Purpose of Meeting:* To obtain, review, and evaluate information related to the Task Force's congressionally-directed mission to examine matters related to the future of military health care. The Task Force members will receive briefings on topics related to the delivery of military health care during the public meetings. *Agenda:* Discussion topic will be key issues on the future of military health care. Prior to the public meeting the Task Force will conduct a Preparatory Work Meeting from 8:30 a.m.-8:50 a.m. to solely analyze relevant issues and facts in preparation for the Task Force's next public meeting. In addition, the Task Force, following its public meeting, will conduct four, concurrent, Subcommittee Meetings from 11:45 a.m. to 1 p.m. to gather information, conduct research, and analyze relevant issues and facts in preparation for a future meeting of the Task Force. The Preparatory Work Meeting will be held at the Founders Inn & Spa, and pursuant to 41 Code of Federal Regulations, § 102-3.160(a), the Preparatory Work Meeting is closed to the public. Additionally, the four, concurrent subcommittee meetings will also be held at the Founders Inn & Spa, and, pursuant to 41 CFR 102-3.35(a), 102-3.145 and 102-3.160(a), these subcommittee meetings are closed to the public. Additional information and meeting registration is available online at the Task Force Web site: *http://www.DoDfuturehealthcare.net.* FOR FURTHER INFORMATION CONTACT: Colonel Christine Bader, Executive Secretary, Department of Defense Task Force on the Future of Military Health Care, TMA/Code: DHS, Five Skyline Place, Suite 810, 5111 Leesburg Pike, Falls Church, Virginia 22041-3206.
(703)681-3279, ext. 109 ( *christine.bader@ha.osd.mil* ). SUPPLEMENTARY INFORMATION: Open sessions of the meeting will be limited by space accommodations. Any interested person may attend; however, seating is limited to the space available at the Founders Inn & Spa. Individuals or organizations wishing to submit written comments for consideration by the Task Force should provide their comments in an electronic (PDF Format) document through the Task Force Web site ( *http://www.DoDfuturehealthcare.net* ) at the “Contact Us” page, no later than five
(5)business days prior to the scheduled meeting. Dated: August 13, 2007. L. M. Bynum, Alternate OSD Federal Register, Liaison Officer, Department of Defense. [FR Doc. 07-4142 Filed 8-21-07; 11:32 am]
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