60-day FRN

Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Notices
Compliance Assistance
The Department will implement
activities to better serve the needs of our
stakeholders and improve the way
NOAA engages and interacts with its
regulated community. This new
component will be aimed at improving
and expanding NOAA’s compliance
assistance, collaboration, and outreach
activities. The Department will work
with the Marine Fisheries Advisory
Committee (additional information at:
http://www.nmfs.noaa.gov/ocs/mafac/)
to develop proposals for activities or
program enhancements that will
improve compliance with all marine
resource statutes. Activities may
include, but are not limited to:
∑ Placing a full or part-time
Compliance Assistance Liaison in
NMFS Regional Offices as needed,
beginning with New England;
∑ Expanding the use of regional
enforcement workshops and training
sessions to bring together and educate
stakeholders on regulations and other
requirements associated with fishery
management plans, National Marine
Sanctuaries, and activities related to the
protection of endangered species and
marine mammals;
∑ Educating and involving fishermen
in the development of potential
solutions to regional and national
enforcement-related issues; and
∑ Improving communication with
regulated communities and the general
public relative to enforcement issues
through increased OLE and GCEL
participation in Regional Fishery
Management Council meetings or
Sanctuary Advisory Committee
meetings, improved websites, easy to
understand compliance guides, and
timely electronic or other notifications
of changes in regulations.
These compliance assistance activities
would likely be funded by the AFF
through agreements with federal and
state partners, or in the case of efforts
addressing NE Multispecies, through
enforcement proceeds available to the
Secretary under section 311(f) of the
Magnuson-Stevens Act.
II. Additional Information

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Ensuring a Strong Enforcement Program
NOAA and other federal agencies
with similar authorities must maintain
adequate funding for enforcement. At
the National Enforcement Summit held
in early August, participants stressed
the need for effective and fair
enforcement around the country. They
offered suggestions that NOAA should
focus more on compliance and outreach
to better balance its deterrence efforts.

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The need for a strong enforcement
program is widely recognized and
supported as a key component of
supporting legal fishers and the
American public through barring illegal
imports, ending illegal domestic
harvests, and ensuring safe and
wholesome seafood products. As NOAA
completes the broad set of activities
aimed at improving its enforcement
programs, including a corrective action
plan for the AFF, NOAA must ensure an
adequate funding level is maintained.
Otherwise, the many benefits of a strong
enforcement program would be at risk.
Legislative Authorities
The specific statutory authority for
use of the fund for certain enforcement
related purposes is found in section
311(e)(1) of the Magnuson-Stevens
Fishery Conservation and Management
Act (16 U.S.C. 1861). Section 311(e)(1)
authorizes six types of expenditures: (A)
the reasonable and necessary costs
incurred in providing temporary
storage, care, and maintenance of seized
fish or other property pending
disposition of any civil or criminal
proceeding alleging a violation of any
provision of this Act or any other
marine resource law enforced by the
Secretary with respect to that fish or
other property; (B) a reward of not less
than 20 percent of the penalty collected
or $20,000, whichever is the lesser
amount, to any person who furnishes
information which leads to an arrest,
conviction, civil penalty assessment, or
forfeiture of property for any violation
of any provision of this Act or any other
fishery resource law enforced by the
Secretary; (C) any expenses directly
related to investigations and civil or
criminal enforcement proceedings,
including any necessary expenses for
equipment, training, travel, witnesses,
and contracting services directly related
to such investigations or proceedings;
(D) any valid liens or mortgages against
any property that has been forfeited; (E)
claims of parties in interest to property
disposed of under section 612(b) of the
Tariff Act of 1930 (19 U.S.C. 1612(b)), as
made applicable by section 310(c) of
this Act or by any other marine resource
law enforced by the Secretary, to
seizures made by the Secretary, in
amounts determined by the Secretary to
be applicable to such claims at the time
of seizure; and (F) reimbursement to any
Federal or State agency, including the
Coast Guard, for services performed, or
personnel, equipment, or facilities
utilized, under any agreement with the
Secretary entered into pursuant to
subsection (a), or any similar agreement
authorized by law.Though not part of
the AFF, section 311(f) provides that

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fines and penalties collected for
violations of the Northeast Multispecies
Fishery Management Plan shall be used
for purposes of enforcing the Plan.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 24, 2010.
Eric C. Schwaab,
Assistant Administrator For Fisheries,
National Marine Fisheries Service.
[FR Doc. 2010–24446 Filed 9–24–10; 4:15 pm]
BILLING CODE 3510–22–S

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Renew
Collection 3038–0049, Procedural
Requirements for Requests for
Interpretative, No-Action, and
Exemptive Letters
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

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 procedures for
submitting requests for exemptive, noaction, and interpretative letters.
DATES: Comments must be submitted on
or before November 29, 2010.
ADDRESSES: Comments may be mailed to
Christopher W. Cummings, Division of
Clearing and Intermediary Oversight,
U.S. Commodity Futures Trading
Commission, 1155 21st Street, NW.,
Washington, DC 20581.
FOR FURTHER INFORMATION CONTACT:
Christopher W. Cummings (202) 418–
5445; Fax: (202) 418–5528; e-mail:
[email protected].
SUMMARY:

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

SUPPLEMENTAL INFORMATION:

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60088

Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Notices

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
• 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.
Procedural Requirements for Requests
for Interpretative, No-Action, and
Exemptive Letters, OMB control
number 3038–0049—Extension
Commission Regulation 140.99
requires persons submitting requests for
exemptive, no-action, and interpretative
letters to provide specific written

information, certified as to
completeness and accuracy, and to
update that information to reflect
material changes. The regulation was
promulgated pursuant to the
Commission’s rulemaking authority
contained in Section 8a(5) of the
Commodity Exchange Act, 7 U.S.C.
12a(5) (2000). Regulation 41.3 requires
securities brokers and dealers
submitting requests for exemptive
orders to provide specified written
information in support of such requests.
Regulation 41.3 was promulgated in
response to the requirement in the
Commodity Futures Modernization Act
of 2000 that the Commission establish
procedures for requesting such orders.
The Commission estimates the burden
of this collection of information as
follows:

THE COMMISSION ESTIMATES THE BURDEN OF THIS COLLECTION OF INFORMATION AS FOLLOWS:
Frequency of response

100 ....................................................................

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

There are no capital costs or operating
and maintenance costs associated with
this collection.
This estimate is based on the number
of requests for such letters in the last
three years. Although the burden varies
with the type, size, and complexity of
the request submitted, such request may
involve analytical work and analysis, as
well as the work of drafting the request
itself.

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 practice before
the Commission by former members and
employees of the Commission.
DATES: Comments must be submitted on
or before November 29, 2010.
ADDRESSES: Comments may be mailed to
John P. Dolan, Office of the General
Counsel, U.S. Commodity Futures
Trading Commission, 1155 21st Street,
NW., Washington, DC 20581.
FOR FURTHER INFORMATION CONTACT: John
P. Dolan at (202) 418–5120; FAX: (202)
418–5524; e-mail: [email protected].
SUPPLEMENTARY INFORMATION: 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 USC 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 USC
3506(c)(2)(A), requires Federal agencies
to provide a 60-day notice in the

Dated: September 23, 2010.
David Stawick,
Secretary of the Commission.
[FR Doc. 2010–24357 Filed 9–28–10; 8:45 am]
BILLING CODE 6351–01–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Renew
Collection 3038–0025, Practice by
Former Members and Employees of
the Commission
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

erowe on DSK5CLS3C1PROD with NOTICES

Total annual
responses

Annual number of respondents

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

SUMMARY:

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150

Hours per response
7

Total hours
1050

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
• 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.

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