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25274 Federal Register / Vol. 76, No.

86 / Wednesday, May 4, 2011 / Proposed Rules

10 a.m. and 3 p.m. All comments benefit the Commission in its comments that were received after the
received will be posted without change; consideration of final rules. Therefore, close of the originally established
we do not edit personal identifying the Commission is extending the comment period of each of the reopened
information from submissions. You comment period for Release No. rulemakings will be treated as if they
should submit only information that 33–9199, ‘‘Listing Standards for were received during the reopened
you wish to make available publicly. Compensation Committees,’’ to May 19, comment periods and need not be
FOR FURTHER INFORMATION CONTACT: N. 2011. resubmitted.
Sean Harrison, Special Counsel, at (202) Dated: April 29, 2011. The comment period regarding the
551–3430, in the Office of Rulemaking, By the Commission.
order in which the Commission should
Division of Corporation Finance, U.S. consider final rules will be open until
Cathy H. Ahn,
Securities and Exchange Commission, June 3, 2011.
Deputy Secretary.
100 F Street, NE., Washington, DC ADDRESSES: Comments may be
20549–3628. [FR Doc. 2011–10868 Filed 5–3–11; 8:45 am]
submitted by any of the following
BILLING CODE 8011–01–P
SUPPLEMENTARY INFORMATION: The methods:
Commission has requested comment on • Agency Web site, via its Comments
a release proposing a new rule and rule Online process at http://
amendments to implement the COMMODITY FUTURES TRADING comments.cftc.gov. Follow the
provisions of Section 952 of the Dodd- COMMISSION instructions for submitting comments
Frank Wall Street Reform and Consumer through the Web site, and submit all
Protection Act of 2010, which added 17 CFR Chapter I
comments through the ‘‘submit
Section 10C to the Exchange Act. Reopening and Extension of Comment comment’’ link associated with this
Section 10C requires the Commission to Periods for Rulemakings Implementing extension.
adopt rules directing the national the Dodd-Frank Wall Street Reform and • Mail: Send to David A. Stawick,
securities exchanges (the ‘‘exchanges’’) Consumer Protection Act Secretary, Commodity Futures Trading
and national securities associations to Commission, Three Lafayette Centre,
prohibit the listing of any equity AGENCY: Commodity Futures Trading 1155 21st Street, NW., Washington, DC
security of an issuer that is not in Commission. 20581.
compliance with Section 10C’s ACTION: Reopening and extension of • Hand Delivery/Courier: Same as
compensation committee and comment periods. mail above.
compensation adviser requirements. In Please submit your comments using
accordance with the statute, the SUMMARY: Since the enactment of the only one method. You may submit
proposed rule would direct the Wall Street Reform and Consumer comments on individual rulemakings
exchanges to establish listing standards Protection Act (the ‘‘Dodd-Frank Act’’) subject of this extension, on the
that, among other things, require each on July 21, 2010, the Commodity intersection of more than one
member of a listed issuer’s Futures Trading Commission rulemaking, or on the proposed
compensation committee to be a (‘‘Commission’’) has published in the rulemakings from a global perspective.
member of the board of directors and to Federal Register a significant number of Comments may be submitted on any
be ‘‘independent,’’ as defined in the notices of proposed rulemaking to individual rulemaking, on any
listing standards of the exchanges implement the provisions of the Dodd- combination of rulemakings, or on the
adopted in accordance with the Frank Act that establish a order and timing of the Commission’s
proposed rule. In addition, Section comprehensive new framework for the final rulemakings, including the
10C(c)(2) of the Exchange Act requires regulation of swaps. In order to provide effective and compliance dates that may
the Commission to adopt new interested parties with an additional be appropriate for the various
disclosure rules concerning the use of opportunity to participate in these rulemakings.
compensation consultants and conflicts Dodd-Frank Act rulemakings and To ensure that your comments are
of interest. The Commission approved comment on the proposed new considered to the fullest extent possible
the proposal at an open meeting on regulatory framework, the Commission by the Commission, you should identify
March 30, 2011, and the release was is reopening or extending the comment each of the proposed rulemakings to
posted on the Commission’s Web site on period for many of its proposed which your comment applies by
that date. The release was published in rulemakings. The Commission is also providing the name and RIN number
the Federal Register on April 6, 2011. requesting comment on the order in associated with each rulemaking.
The Commission originally requested which it should consider final Rulemaking RIN numbers may be found
that comments on the release be rulemakings made under the Dodd- on the Commission’s Web site at
received by April 29, 2011. A Frank Act. http://comments.cftc.gov/
commentator has asked that the DATES: For those rulemakings listed PublicComments/
Commission extend the period of time herein for which the comment period ReleasesWithComments.aspx.
for public comment on the proposing has closed at the time of publication of Comments that address the rulemakings
release.1 After considering the request this notice, the comment period is re- from a global perspective should be
and the issues presented by the release, opened until June 3, 2011. For those identified with the phrase ‘‘global
the Commission believes that providing rulemakings listed herein for which the comment’’ in the subject line.
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the public additional time to consider comment period closes during the Additionally, as provided above, all
the matters addressed by the release and extension’s comment period, the comments submitted through the
to submit responses to the release would comment period is extended until June Commission’s Comments Online
3, 2011. The comment period of any process should be transmitted via the
1 See letter from Center for Capital Markets
rulemaking subject of this extension that ‘‘submit comment’’ link associated with
Competitiveness of the U.S. Chamber of Commerce
(Apr. 15, 2011). Comments are available on the
closes after the extension’s comment this rulemaking. You need not, and to
Commission’s Internet Web site at http:// period shall remain open until the ensure that all comments addressing
www.sec.gov/comments/s7-13-11/s71311.shtml. originally published closing date. All more than one rulemaking are

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Federal Register / Vol. 76, No. 86 / Wednesday, May 4, 2011 / Proposed Rules 25275

considered fully by the Commission you General Counsel, Office of the General consulted and coordinated with the
should not, submit comments Counsel, Commodity Futures Trading Securities and Exchange Commission
addressing more than one rulemaking to Commission, 1155 21st Street, NW., and other Federal regulators, held
any of the individual rulemakings listed Washington, DC 20581; 202–418–5648; hundreds of meetings with market
on the Commission’s ‘‘public comments’’ or bloew@cftc.gov. On any particular participants and other members of the
or ‘‘open comment periods’’ Web pages. rulemaking, the Commission staff public interested in the proposed
All comments must be submitted in members listed in the associated notice rulemakings, and received thousands of
English, or if not, accompanied by an of proposed rulemaking. comments on these proposed
English translation. Comments will be SUPPLEMENTARY INFORMATION: rulemakings. At this point, the
posted as received to http:// regulatory requirements that have been
www.cftc.gov. You should submit only I. Background proposed by the Commission present a
information that you wish to make President Obama signed the Dodd- substantially complete mosaic of the
available publicly. If you wish the Frank Act on July 21, 2010.1 Title VII of Commission’s proposed regulatory
Commission to consider information the Dodd-Frank Act 2 amended the framework for swaps under the Dodd-
that may be exempt from disclosure Commodity Exchange Act (‘‘CEA’’) 3 to Frank Act.
under the Freedom of Information Act, establish a comprehensive new II. Reopening and Extension of
a petition for confidential treatment of regulatory framework for swaps and Comment Periods and Request for
the exempt information may be security-based swaps. The legislation Comment
submitted according to the procedures was enacted to reduce risk, increase
established in § 145.9 of the transparency, and promote market In light of this substantially complete
Commission’s regulations, 17 CFR integrity within the financial system by, mosaic, the Commission is reopening or
145.9. among other things: (1) Providing for the extending the comment period of many
The Commission reserves the right, registration and comprehensive of its proposed rulemakings in order to
but shall have no obligation, to review, regulation of swap dealers and major provide the public with an additional
pre-screen, filter, redact, refuse or swap participants; (2) imposing clearing opportunity to comment on the
remove any or all of your submission and trade execution requirements on proposed new regulatory framework for
from http://www.cftc.gov that it may standardized derivative products; (3) swaps, either in part or as a whole.
deem to be inappropriate for creating robust recordkeeping and real- The Commission also specifically
publication, such as obscene language. time reporting regimes; and (4) seeks comments on the costs and
All submissions that have been redacted enhancing the Commission’s benefits of the proposed rulemakings,
or removed that contain comments on rulemaking and enforcement authorities individually, in combination, or
the merits of the rulemaking will be with respect to, among others, all globally. In particular, the Commission
retained in the public comment file and registered entities and intermediaries reiterates its request for additional
will be considered as required under the subject to the Commission’s oversight. quantitative or qualitative information
Administrative Procedure Act and other Over the past several months the relating to the costs and benefits of the
applicable laws, and may be accessible Commission has proposed a number of proposed rules.
under the Freedom of Information Act. rulemakings to implement the Dodd- The comment periods for the
FOR FURTHER INFORMATION CONTACT: On Frank Act. With respect to these following rulemakings are being
this release, Beverly E. Loew, Assistant rulemakings, the Commission has extended:

Proposed Title of rulemaking Closed

10/14/2010 ........ Financial Resources Requirements for Derivatives Clearing Organizations ....................................................... 12/13/2010
10/18/2010 ........ Requirements for Derivatives Clearing Organizations, Designated Contract Markets, and Swap Execution 11/17/2010
Facilities Regarding the Mitigation of Conflicts of Interest.
10/26/2010 ........ Agricultural Commodity Definition ........................................................................................................................ 11/26/2010
11/2/2010 .......... Process for Review of Swaps for Mandatory Clearing ........................................................................................ 1/3/2011
11/3/2010 .......... Investment of Customer Funds and Funds Held in an Account for Foreign Futures and Foreign Options 12/3/2010
Transactions.
11/17/2010 ........ Implementation of Conflicts of Interest Policies and Procedures by Futures Commission Merchants and In- 1/18/2011
troducing Brokers.
11/19/2010 ........ Registration of Foreign Boards of Trade .............................................................................................................. 1/18/2011
11/19/2010 ........ Designation of a Chief Compliance Officer; Required Compliance Policies; and Annual Report of a Futures 1/18/2011
Commission Merchant, Swap Dealer, or Major Swap Participant.
11/23/2010 ........ Regulations Establishing and Governing the Duties of Swap Dealers and Major Swap Participants ................ 1/24/2011
11/23/2010 ........ Implementation of Conflicts of Interest Policies and Procedures by Swap Dealers and Major Swap Partici- 1/24/2011
pants.
11/23/2010 ........ Registration of Swap Dealers and Major Swap Participants ............................................................................... 1/24/2011
12/3/2010 .......... Protection of Collateral of Counterparties to Uncleared Swaps; Treatment of Securities in a Portfolio Mar- 2/1/2011
gining Account in a Commodity Broker Bankruptcy.
12/7/2010 .......... Real-Time Public Reporting of Swap Transaction Data ...................................................................................... 2/7/2011
12/8/2010 .......... Swap Data Recordkeeping and Reporting Requirements ................................................................................... 2/7/2011
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12/9/2010 .......... Reporting, Recordkeeping, and Daily Trading Records Requirements for Swap Dealers and Major Swap 2/7/2011
Participants.
12/13/2010 ........ General Regulations and Derivatives Clearing Organizations ............................................................................. 2/11/2011
12/15/2010 ........ Information Management Requirements for Derivatives Clearing Organizations ................................................ 2/14/2011

1 See Dodd-Frank Wall Street Reform and may be accessed at http://www.cftc.gov./ 2 Pursuant to section 701 of the Dodd-Frank Act,

Consumer Protection Act, Public Law 111–203, 124 LawRegulation/OTCDERIVATIVES/index.htm. title VII may be cited as the ‘‘Wall Street
Stat. 1376 (2010). The text of the Dodd-Frank Act Transparency and Accountability Act of 2010.’’
3 7 U.S.C. 1 et seq.

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25276 Federal Register / Vol. 76, No. 86 / Wednesday, May 4, 2011 / Proposed Rules

Proposed Title of rulemaking Closed

12/21/2010 ........ 17 CFR Part 1 Securities and Exchange Commission 17 CFR Part 240 Further Definition of ‘‘Swap Dealer,’’ 2/22/2011
‘‘Security-Based Swap Dealer,’’ ‘‘Major Swap Participant,’’ ‘‘Major Security-Based Swap Participant’’ and
‘‘Eligible Contract Participant’’.
12/22/2010 ........ Business Conduct Standards for Swap Dealers and Major Swap Participants With Counterparties ................. 2/22/2011
12/22/2010 ........ Core Principles and Other Requirements for Designated Contract Markets ....................................................... 4/18/2011
12/23/2010 ........ Swap Data Repositories ....................................................................................................................................... 2/22/2011
12/23/2010 ........ End-User Exception to Mandatory Clearing of Swaps ......................................................................................... 2/22/2011
12/28/2010 ........ Confirmation, Portfolio Reconciliation, and Portfolio Compression Requirements for Swap Dealers and Major 2/28/2011
Swap Participants.
1/6/2011 ............ Governance Requirements for Derivatives Clearing Organizations, Designated Contract Markets, and Swap 3/7/2011
Execution Facilities; Additional Requirements Regarding the Mitigation of Conflicts of Interest.
1/7/2011 ............ Core Principles and Other Requirements for Swap Execution Facilities ............................................................. 3/8/2011
1/20/2011 .......... Risk Management Requirements for Derivatives Clearing Organizations ........................................................... 4/25/2011
2/3/2011 ............ Commodity Options and Agricultural Swaps ........................................................................................................ 4/4/2011
2/8/2011 ............ Swap Trading Relationship Documentation Requirements for Swap Dealers and Major Swap Participants ..... 4/11/2011
2/8/2011 ............ Orderly Liquidation Termination Provision in Swap Trading Relationship Documentation for Swap Dealers 4/11/2011
and Major Swap Participants.
3/3/2011 ............ Amendments to Commodity Pool Operator and Commodity Trading Advisor Regulations Resulting From the 5/2/2011
Dodd-Frank Act.
3/9/2011 ............ Registration of Intermediaries .............................................................................................................................. 5/9/2011
3/10/2011 .......... Requirements for Processing, Clearing, and Transfer of Customer Positions .................................................... 4/11/2011

Notwithstanding the foregoing, Appendix 2—Statement of Phase II


commenters may submit, and the Commissioner Scott D. O’Malia Swap Dealer (SD)/Major Swap Participant
Commission will consider, comments I concur with the Commission’s proposal (MSP)
on any aspects of the rulemakings, to re-open the comment period for certain • End-User Exemption
including comments on individual proposed rulemakings made under the Dodd- • SD/MSP Registration
rulemakings subject of this extension, Frank Act and to request comment on the • Small Bank Exemption Rule
on the intersection of any combination sequencing of the Commission’s • Business Conduct Standards for SD/MSP
of these rulemakings, or on the consideration of final rules. Following Internal business conduct
proposed rulemakings from a global careful consideration of comments regarding Documentation
perspective. All comments that were the sequencing, the Commission should Conflicts of Interest
received after the close of the originally publish in the Federal Register the order in Capital and Margin
established comment period of each of which it intends to take up consideration of External Business conduct
the reopened rulemakings will be the Dodd-Frank final rules. Doing so will • Inter-Affiliate Transactions
treated as if they were received during help ensure that our processes are fully Products Rules
the reopened comment periods and transparent and well informed.
• Agricultural Swaps
need not be resubmitted. Similarly, I strongly urge the Commission
• Swaps
to propose a full implementation schedule,
Finally, the Commission is requesting • Agricultural commodity definition
request comment and publish an adopted
comment on the order in which it schedule in the Federal Register so that the Phase III
should consider the Dodd-Frank final market and public will have the certainty • Position Limits
rulemakings. they need to make budgeting, investment and • Clearing
Issued in Washington, DC, this 27th day of hiring decisions. Commenters should urge Designated Clearing Organization (DCO)
April 2010, by the Commission. the Commission to publish a full Core Principles
implementation schedule by submitting Systemically Important Designated
David A. Stawick, comments to this rulemaking. Clearing Organizations (SIDCOs)
Secretary of the Commission. In order to facilitate debate, I have Governance of DCO
proposed the following sequencing of the • Execution
Appendices to Reopening and
Commission’s consideration of final rules. I Real-time Reporting
Extension of Comment Periods for strongly recommend that the public comment Swaps Execution Facility (SEF) & Block
Rulemakings Implementing the Dodd- on this proposal or recommend an Trade Rule
Frank Wall Street Reform and alternative. Designated Contract Market (DCM)
Consumer Protection Act—Commission Foreign Board of Trade (FBOT)
Voting Summary and Statements of Phase I
Part 40 Rule Certification
Commissioners • Federal Energy Regulatory Commission Governance of SEFs & DCMs
(FERC) Memorandums of Understanding
Note: The following appendices will not • Whistleblower Phase IV
appear in the Code of Federal Regulations. • Fair Credit Reporting Act (FCRA) Rules • Clearing
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• Reliance on Credit Ratings Rule 1.25


Appendix 1—Commission Voting Segregation and Bankruptcy
Swap Data Repository
Summary Portfolio Margining
• Data Recordkeeping • Anti-Manipulation
On this matter, Chairman Gensler and • Large Trader reporting • Disruptive Trading
Commissioners Dunn, Chilton and O’Malia • Investment advisor reporting • Volker Rule 619
voted in the affirmative; Commissioner • Pre-enactment & Transition swaps • Commodity Pool Operator (CPO)/
Sommers voted in the negative. • Governance of SDRs Commodity Trading Adviser (CTA)
• Process to define a clearable swap Registration & conduct rules

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Federal Register / Vol. 76, No. 86 / Wednesday, May 4, 2011 / Proposed Rules 25277

• All Conforming Rules MSHA maintains a list that enables Post-hearing comments must be
[FR Doc. 2011–10884 Filed 5–3–11; 8:45 am] subscribers to receive e-mail notification received or postmarked by midnight
BILLING CODE 6351–01–P when the Agency publishes rulemaking Eastern Daylight Saving Time on June
documents in the Federal Register. To 30, 2011.
subscribe, go to http://www.msha.gov/ ADDRESSES: Comments, requests to
DEPARTMENT OF LABOR subscriptions/subscribe.aspx. speak, and informational materials for
FOR FURTHER INFORMATION CONTACT: the rulemaking record may be sent to
Mine Safety and Health Administration Roslyn B. Fontaine, Acting Director, MSHA by any of the following methods.
Office of Standards, Regulations and Clearly identify all submissions with
30 CFR Parts 70, 71, 72, 75, and 90 Variances, MSHA, at ‘‘RIN 1219–AB75’’ for Examinations of
RIN 1219–AB64 Fontaine.Roslyn@dol.gov (E-mail), (202) Work Areas in Underground Coal
693–9440 (Voice), or (202) 693–9441 Mines’ submissions, and with ‘‘RIN
Lowering Miners’ Exposure to (Fax). 1219–AB73’’ for Pattern of Violations’
Respirable Coal Mine Dust, Including SUPPLEMENTARY INFORMATION:
submissions.
Continuous Personal Dust Monitors • Federal E-Rulemaking Portal:
Extension of Comment Period http://www.regulations.gov. Follow the
AGENCY: Mine Safety and Health on-line instructions for submitting
Administration, Labor. On October 19, 2010 (75 FR 64412),
MSHA published a proposed rule, comments.
ACTION: Proposed rule; extension of
Lowering Miners’ Exposure to • Facsimile: 202–693–9441.
comment period. • Mail or Hand Delivery: MSHA,
Respirable Coal Mine Dust, Including
Office of Standards, Regulations, and
SUMMARY: In response to requests from Continuous Personal Dust Monitors. In
Variances, 1100 Wilson Blvd., Room
interested parties, the Mine Safety and response to requests from interested
2350, Arlington, VA 22209–3939. For
Health Administration (MSHA) is parties, MSHA is extending the
hand delivery, sign in at the
extending the comment period on the comment period from May 2, 2011 to
receptionist’s desk on the 21st floor.
proposed rule addressing Lowering May 31, 2011. All comments and
supporting documentation must be FOR FURTHER INFORMATION CONTACT:
Miners’ Exposure to Respirable Coal Roslyn B. Fontaine, Acting Director,
Mine Dust, Including Continuous received or postmarked by May 31,
2011. Office of Standards, Regulations, and
Personal Dust Monitors. This extension Variances, MSHA, at
gives commenters additional time to Dated: April 28, 2011. fontaine.roslyn@dol.gov (e-mail); 202–
review and comment on the proposed Joseph A. Main, 693–9440 (voice); or 202–693–9441
rule. The proposal was published on Assistant Secretary of Labor for Mine Safety (facsimile).
October 19, 2010 (75 FR 64412). and Health.
SUPPLEMENTARY INFORMATION:
DATES: All comments must be received [FR Doc. 2011–10780 Filed 4–29–11; 4:15 pm]
or postmarked by midnight Eastern BILLING CODE 4510–43–P I. Availability of Information
Daylight Saving Time on May 31, 2011. Federal Register Publications: The
ADDRESSES: Comments must be proposed rule for Examinations of Work
identified with ‘‘RIN 1219–AB64’’ and DEPARTMENT OF LABOR
Areas in Underground Coal Mines,
may be sent by any of the following published on December 27, 2010 (75 FR
Mine Safety and Health Administration
methods: 81165), and the proposed rule for
(1) Federal e-Rulemaking Portal: Pattern of Violations, published on
30 CFR Parts 75 and 104
http://www.regulations.gov. Follow the February 2, 2011 (76 FR 5719), are
instructions for submitting comments. available on http://www.regulations.gov
RIN 1219–AB75, 1219–AB73
(2) Facsimile: 202–693–9441. Include and on MSHA’s Web site at http://
‘‘RIN 1219–AB64’’ in the subject line of Examinations of Work Areas in www.msha.gov/REGSPROP.HTM.
the message. Underground Coal Mines and Pattern Public Comments: MSHA posts all
(3) Regular Mail: MSHA, Office of of Violations comments without change, including
Standards, Regulations, and Variances, any personal information provided.
1100 Wilson Boulevard, Room 2350, AGENCY: Mine Safety and Health Access comments electronically on
Arlington, Virginia 22209–3939. Administration, Labor. http://www.regulations.gov and on
(4) Hand Delivery or Courier: MSHA, ACTION: Proposed rule; notice of public MSHA’s Web site at http://
Office of Standards, Regulations, and hearings; notice of re-opening and close www.msha.gov/currentcomments.asp.
Variances, 1100 Wilson Boulevard, of comment period. Review comments in person at the
Room 2350, Arlington, Virginia. Sign in Office of Standards, Regulations, and
at the receptionist’s desk on the 21st SUMMARY: The Mine Safety and Health Variances, 1100 Wilson Blvd., Room
floor. Administration (MSHA) will hold four 2350, Arlington, VA. Sign in at the
MSHA will post all comments public hearings on the Agency’s receptionist’s desk on the 21st floor.
without change, including any personal proposed rules for Examinations of E-mail Notification: To subscribe to
information provided. Access comments Work Areas in Underground Coal Mines receive e-mail notification when MSHA
electronically on http:// (Examinations of Work Areas) and for
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publishes rulemaking documents in the


www.regulations.gov and on MSHA’s Pattern of Violations. Each hearing will Federal Register, go to http://
Web site at http://www.msha.gov/ cover the major issues raised by www.msha.gov/subscriptions/
currentcomments.asp. Review commenters in response to the subscribe.aspx.
comments in person at the Office of respective proposed rules.
Standards, Regulations, and Variances, DATES: Hearings will be held on June 2, II. Public Hearings
1100 Wilson Boulevard, Room 2350, 7, 9, and 15, 2011, at the locations listed MSHA will hold four public hearings
Arlington, Virginia. Sign in at the in the SUPPLEMENTARY INFORMATION on its proposed rules for Examinations
receptionist’s desk on the 21st floor. section of this document. of Work Areas in Underground Coal

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