Federal Register 60 day

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Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities Under OMB Review
AGENCY: Notice of Intent to Renew
Currently Approved Collection: 3038–
0024.
SUMMARY: In compliance with the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.), this notice announces that
the Information Collection Request (ICR)
abstracted below has been forwarded to
the Office of Management and Budget
(OMB) for review and comment. The
ICR describes the nature of the
information collection and its expected
costs and burden.
DATES: Comments must be submitted on
or before February 27, 2009.

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FOR FURTHER INFORMATION OR A COPY
CONTACT: Mark H. Bretscher, Division

of
Clearing and Intermediary Oversight,
CFTC, (312) 596–0529; FAX: (312) 596–
0714; e-mail: [email protected] and
refer to OMB Control No. 3038–0024.
SUPPLEMENTARY INFORMATION:
Title: Regulations and Forms
Pertaining to the Financial Integrity of
the Marketplace (OMB Control No.
3038–0024). This is a request for
extension of a currently approved
information collection.
Abstract: The commodity futures
markets play a vital role in the
furthering of global commerce by
providing commercial users and
speculators with a price discovery
mechanism for the commodities traded
on such markets and by providing
commercial users of the markets with a
mechanism for hedging their goods and
services against price risks. The
Commodity Futures Trading
Commission is the independent federal
regulatory agency charged with
providing various forms of customer
protection so that users of the markets
can be assured of the financial integrity
of the markets and the intermediaries
that they employ in their trading
activities. Among the financial
safeguards the Commission has imposed
on commodity brokerages, technically
futures commission merchants (FCMs)
and introducing brokers (IBs), are
minimum capital standards and, for
FCMs, a requirement that they segregate
and separately account for the funds
they receive from their commodity
customers. In order to monitor
compliance with such financial
standards, the Commission has required
FCMs and IBs to file financial reports
with the Commission and with the selfregulatory organizations (SROs) of
which they are members. (See
Commission Rule 1.10, 17 CFR 1.10.)

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An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for the CFTC’s regulations
were published on December 30, 1981.
See 46 FR 63035 (Dec. 30, 1981).
Burden statement: The respondent
burden for this collection is estimated to
average .50 hours per response. These
estimates include the time needed to
review instructions; develop, acquire,
install, and utilize technology and
systems for the purposes of collecting,
validating, and verifying information,
processing and maintaining information
and disclosing and providing
information; adjust the existing ways to
comply with any previously applicable
instructions and requirements; train
personnel to be able to respond to a
collection of information; and transmit
or otherwise disclose the information.
Respondents/Affected Entities:
Futures Commission Merchants,
Introducing Brokers.
Estimated Number of respondents:
2,078.
Estimated total annual burden or
respondents: 21,138.50 hours.
Frequency of collection: On occasion,
monthly, annually, semi-annually.
Send comments regarding the burden
estimated or any other aspect of the
information collection, including
suggestions for reducing the burden, to
the addresses listed below. Please refer
to OMB Control No. 3038–0024 in any
correspondence. Mark H. Bretscher,
Division of Clearing and Intermediary
Oversight, U.S. Commodity Futures
Trading Commission, 525 W. Monroe
Street, Suite 1100, Chicago, Illinois
60661 and Office of Information and
Regulatory Affairs, Office of
Management and Budget, Attention:
Desk Officer for CFTC, 725 17th Street,
Washington, DC 20503.
Dated: December 19, 2008.
David Stawick,
Secretary of the Commission.
[FR Doc. E8–30905 Filed 12–24–08; 8:45 am]
BILLING CODE 6351–01–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Renew
Collection 3038–0048, Off-Exchange
Agricultural Trade Options
AGENCY: Commodity Futures Trading
Commission.
ACTION: Notice.

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SUMMARY: The Commodity Futures
Trading Commission (CFTC) is
announcing an opportunity for public
comment on the proposed collection of
certain information by the agency.
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, including each proposed
extension of an existing collection of
information, and to allow 60 days for
public comment in response to the
notice. This notice solicits comments on
requirements relating to off-exchange
agricultural trade options.
DATES: Comments must be submitted on
or before February 27, 2009.
ADDRESSES: Comments may be mailed to
David Van Wagner, Division of Market
Oversight, U.S. Commodity Futures
Trading Commission, 1155 21st Street,
NW., Washington, DC 20581.
FOR FURTHER INFORMATION CONTACT:
David Van Wagner, (202) 418–5481;
FAX: (202) 418–5527; e-mail:
[email protected].

Under the
PRA, Federal agencies must obtain
approval from the Office of Management
and Budget (OMB) for each collection of
information they conduct or sponsor.
‘‘Collection of information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests
or requirements that members of the
public submit reports, keep records, or
provide information to a third party.
Section 3506(c)(2)(A) of the PRA, 44
U.S.C. 3506(c)(2)(A), requires Federal
agencies to provide a 60-day notice in
the Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information,
before submitting the collection to OMB
for approval. To comply with this
requirement, the CFTC is publishing
notice of the proposed collection of
information listed below.
With respect to the following
collection of information, the CFTC
invites comments on:
• Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information will have a practical use;
• The accuracy of the Commission’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
• Ways to enhance the quality,
usefulness, and clarity of the
information to be collected; and

SUPPLEMENTARY INFORMATION:

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Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices
• Ways to minimize the burden of
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 submission of responses.

options on the enumerated agricultural
commodities subject to a number of
regulatory requirements 63 FR 18821
(Apr. 16, 1998). Thereafter, the
Commission streamlined the regulatory
and paperwork burdens in order to
increase the utility of agricultural trade
options while maintaining basic
customer protections. 64 FR 68011 (Dec.
6, 1999). Based on its experience in
administering this program, the
Commission has determined that its
estimates of the burden of this

Off-Exchange Agricultural Trade
Options, OMB Control Number 3038–
0048—Extension
In April 1998, the CFTC removed the
prohibition on off-exchange trade

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collection of information remains
unchanged based on the number of
firms and individuals that may apply for
registration. Responses to the collection
of information are mandatory pursuant
to Section 4c(b) of the Commodity
Exchange Act.
The Commission estimates the burden
of this collection of information as
follows:

ESTIMATED ANNUAL REPORTING BURDEN
17 CFR

Annual
number of
respondents

Frequency of response

Total annual
responses

Hours per
response

Total hours

17 CFR Part 32 ....................................................

360

On occasion ..................

411

5.59

2,301

There are no capital costs or operating
and maintenance costs associated with
this collection.
Dated: December 22, 2008.
David Stawick,
Secretary of the Commission.
[FR Doc. E8–30906 Filed 12–24–08; 8:45 am]
BILLING CODE 6351–01–P

DEPARTMENT OF DEFENSE
Office of the Secretary
Manual for Courts-Martial; Proposed
Amendments

dwashington3 on PROD1PC60 with NOTICES

AGENCY: Joint Service Committee on
Military Justice (JSC).
ACTION: Notice of public response to
proposed amendments to the Manual for
Courts-Martial, United States (2008 ed.)
(MCM).
SUMMARY: The JSC is forwarding final
proposed amendments to the MCM to
the Department of Defense. The
proposed changes constitute the 2008
annual review required by the MCM and
DoD Directive 5500.17, ‘‘Role and
Responsibilities of the Joint Service
Committee (JSC) on Military Justice,’’
May 3, 2003. The proposed changes
concern the rules of procedure and
evidence and the punitive articles
applicable in trials by courts-martial.
These proposed changes have not been
coordinated within the Department of
Defense under DoD Directive 5500.1,
‘‘Preparation, Processing and
Coordinating Legislation, Executive
Orders, Proclamations, Views Letters
Testimony,’’ June 15, 2007, and do not
constitute the official position of the
Department of Defense, the Military

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Departments, or any other Government
agency.
ADDRESSES: Comments and materials
received from the public are available
for inspection or copying at the Air
Force Legal Operations Agency, Military
Justice Division, 112 Luke Avenue,
Room 202, Bolling Air Force Base,
District of Columbia between 9 a.m. and
4 p.m., Monday through Friday, except
Federal Holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Colonel Tom Wand,
Executive Secretary, Joint Service
Committee on Military Justice, 112 Luke
Avenue, Suite 343, Bolling Air Force
Base, District of Columbia 20032, (202)
767–1539, (202) 404–8755 fax.
SUPPLEMENTARY INFORMATION:
Background
On 19 September 2008, the JSC
published a Notice of Proposed
Amendments to the Manual for CourtsMartial and a Notice of Public Meeting
to receive comments on these proposals.
The public meeting was held on October
30, 2008. One individual representing
an organization spoke at the public
meeting to announce that the
organization would be submitting
written comments. One individual and
one organization submitted comments
through the Federal Register electronic
bulletin board.
Discussion of Comments and Changes
The JSC considered the public
comments and, coupled with the United
States Court of Appeals for the Armed
Forces recently hearing arguments on
issues of child pornography with
decisions pending, decided to withdraw
the proposed addition of a paragraph
addressing child pornography under

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Article 134 in Part IV of the MCM. The
child pornography proposal will
continue to be considered as part of the
2009 annual review. The JSC is satisfied
the other proposed amendments are
appropriate to implement without
modification. The JSC will forward the
public comments and proposed
amendments to the Department of
Defense.
The public comments regarding the
proposed changes follow:
a. Recommended adding, ‘‘or
knowingly, wrongfully, and
purposefully facilitated such conduct’’
to the element of the proposed Article
134 offense of possessing, receiving or
viewing child pornography. Since the
proposed paragraph is being withdrawn
from the 2008 annual review, this
comment will be considered in the 2009
annual review.
b. Recommended deleting or
redrafting the explanation of the child
pornography paragraph requiring
awareness of the contraband nature of
the visual depictions in the offenses of
possessing, receiving, viewing,
distributing, or producing child
pornography. Since the proposed
paragraph is being withdrawn from the
2008 annual review, this comment will
be considered in the 2009 annual
review.
c. Recommended deleting the
affirmative defense that all of the
persons engaging in sexually explicit
conduct in a visual depiction were in
fact persons at least 18 years old. Since
the proposed paragraph is being
withdrawn from the 2008 annual
review, this comment will be
considered in the 2009 annual review.
d. Noted the high maximum fines for
civilians at summary and special courts-

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