71408 Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Proposed Rules 

(f) Review and modification. A 

member of the senior management of 

each swap dealer and major swap 

participant shall review the business 

continuity and disaster recovery plan 

annually or upon any material change to 

the business. Any deficiencies found or 

corrective action taken shall be 

documented. 

(g) Testing. Each business continuity 

and disaster recovery plan shall be 

tested annually by qualified, 

independent internal audit personnel or 

a qualified third party audit service. The 

date the testing was performed shall be 

documented, together with the nature 

and scope of the testing, any 

deficiencies found, any corrective action 

taken, and the date that corrective 

action was taken. 

(h) Business continuity and disaster 

recovery plans required by other 

regulatory authorities. A swap dealer or 

major swap participant shall comply 

with the requirements of this regulation 

in addition to any business continuity 

and disaster recovery requirements that 

are imposed upon the swap dealer or 

major swap participant by its prudential 

regulator or any other regulatory or selfregulatory authority. 

(i) Recordkeeping. The business 

continuity and disaster recovery plan of 

the swap dealer and major swap 

participant and all other records 

required to be maintained pursuant to 

this section shall be maintained in 

accordance with Commission 

Regulation § 1.31 and shall be made 

available promptly upon request to 

representatives of the Commission and 

to representatives of applicable 

prudential regulators. 

§ 23.604 [Reserved] 

§ 23.605 [Reserved] 

§ 23.606 General information: Availability 

for disclosure and inspection. 

(a) Disclosure of information. (1) Each 

swap dealer and major swap participant 

shall make available for disclosure to 

and inspection by the Commission and 

its prudential regulator, as applicable, 

all information required by, or related 

to, the Commodity Exchange Act and 

Commission regulations, including: 

(i) The terms and condition of its 

swaps; 

(ii) Its swaps trading operations, 

mechanisms, and practices; 

(iii) Financial integrity and risk 

management protections relating to 

swaps; and 

(iv) Any other information relevant to 

its trading in swaps. 

(2) Such information shall be made 

available promptly, upon request, to 

Commission staff and the staff of the 

applicable prudential regulator, at such 

frequency and in such manner as is set 

forth in the Commodity Exchange Act, 

Commission regulations, or the 

regulations of the applicable prudential 

regulator. 

(b) Ability to provide information. 

(1) Each swap dealer and major swap 

participant shall establish and maintain 

reliable internal data capture, 

processing, storage, and other 

operational systems sufficient to 

capture, process, record, store, and 

produce all information necessary to 

satisfy its duties under the Commodity 

Exchange Act and Commission 

regulations. Such systems shall be 

designed to produce the information 

within the time frames set forth in the 

Commodity Exchange Act and 

Commission regulations or upon 

request, as applicable. 

(2) Each swap dealer and major swap 

participant shall establish, implement, 

maintain, and enforce written 

procedures for the capture, processing, 

recording, storage, and production of all 

information necessary to satisfy its 

duties under the Commodity Exchange 

Act and Commission regulations. 

(c) Record retention. All records or 

reports that a swap dealer or major swap 

participant is required to maintain 

pursuant to this regulation shall be 

maintained in accordance with 17 CFR 

1.31 and shall be made available 

promptly upon request to 

representatives of the Commission and 

to representatives of applicable 

prudential regulators. 

§ 23.607 Antitrust considerations. 

(a) No swap dealer or major swap 

participant shall adopt any process or 

take any action that results in any 

unreasonable restraint of trade, or 

impose any material anticompetitive 

burden on trading or clearing, unless 

necessary or appropriate to achieve the 

purposes of the Commodity Exchange 

Act. 

(b) Consistent with its obligations 

under paragraph (a) of this section, each 

swap dealer and major swap participant 

shall adopt policies and procedures to 

prevent actions that result in 

unreasonable restraint of trade, or 

impose any material anticompetitive 

burden on trading or clearing. 

Issued in Washington, DC, on November 

10, 2010, by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

Statement of Chairman Gary Gensler 

Regulations Establishing and Governing the 

Duties of Swap Dealers and Major Swap 

Participants 

I support the proposed business conduct 

standards rulemaking that establishes risk 

management policies for swap dealers and 

major swap participants. One of the primary 

goals of the Dodd-Frank Act was to bring 

swap dealers and major swap participants 

under comprehensive regulation to reduce 

risk to the financial system and to the 

economy as a whole. The proposed rules are 

consistent with the Congressional 

requirement that swap dealers and major 

swap participants: (1) Monitor trading to 

prevent violations of position limits; (2) 

establish risk management procedures for 

managing their day-to-day business; (3) 

disclose to the Commission and to applicable 

prudential regulators general information 

relating to trading practices and financial 

integrity of swaps; (4) establish and enforce 

internal systems and procedures to obtain 

information needed to perform all of the 

duties prescribed; (5) implement conflicts of 

interest systems and procedures; and (6) 

refrain from unreasonably restraining trade or 

imposing an anticompetitive burden on 

trading or clearing. 

[FR Doc. 2010–29009 Filed 11–22–10; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0997] 

RIN 1625–AA00 

Safety Zones: Fireworks Displays in 

the Captain of the Port Columbia River 

Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

amend the enforcement period for the 

safety zone established for the Oregon 

Symphony Concert Fireworks Display 

in Portland, Oregon. The amendment is 

necessary because in recent years the 

actual date of the event has differed 

from that listed in the enforcement 

period of the regulation. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before February 22, 2011. Requests 

for public meetings must be received by 

the Coast Guard on or before January 7, 

2011. The Coast Guard anticipates that 


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Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Proposed Rules 71409 

this proposed rule will be effective and 

enforced annually one day between the 

third week of August and the third week 

of September. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0997 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand Delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail MST1 Jaime Sayers, 

Waterways Management Division, 

Marine Safety Unit Portland, U.S. Coast 

Guard; telephone 503–240–9319, e-mail 

D13-SG-MMSUPortlandWWM@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2010–0997), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2010–0997’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2010– 

0997’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one on or before January 7, 2011 

using one of the four methods specified 

under ADDRESSES. Please explain why 

you believe a public meeting would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Basis and Purpose 

The Oregon Symphony Concert 

Fireworks Display in Portland, Oregon 

is an annual fireworks event requiring a 

safety zone to ensure the safety of the 

maritime public due to the inherent 

dangers associated with such events. 

Although the safety zone is codified in 

33 CFR 165.1315(a)(7), in recent years 

the enforcement period in that 

regulation has not covered the actual 

date of the event. As such, the Coast 

Guard has had to publish a new safety 

zone for the event. This amendment will 

change the enforcement period in 

33 CFR 165.1315(a)(7) to more 

accurately cover the time period of 

when the event occurs each year. 

Discussion of Proposed Rule 

This proposal would amend 33 CFR 

165.1315(a)(7) to change the 

enforcement period from ‘‘one day in 

late August’’ to ‘‘one day between the 

third week of August and the third week 

of September.’’ Notice of the actual date 

that the safety zone will be effective and 

enforced each year will be given by one 

of the methods listed in 33 CFR 165.7. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. The Coast Guard has made this 

determination based on the fact that this 

rule only changes the period during 

which the safety zone established in 

33 CFR 165.1315(a)(7) may be made 

effective and enforced. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 


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71410 Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Proposed Rules 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 

5 U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This rule may affect the 

following entities some of which may be 

small entities: The owners or operators 

of vessels wishing to transit the safety 

zone established by this rule. This rule 

will not have a significant economic 

impact on a substantial number of small 

entities, however, because it only 

changes the period during which the 

safety zone established in 33 CFR 

165.1315(a)(7) may be made effective 

and enforced. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact MST1 Jaime 

Sayers, Marine Safety Unit Portland, 

U.S. Coast Guard, at telephone number 

503–240–9319 or e-mail D13-SG-MMSUPortlandWWM@uscg.mil. The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this proposed rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or Tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This proposed rule would not cause a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

Tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) 

(15 U.S.C. 272 note) directs agencies to 

use voluntary consensus standards in 

their regulatory activities unless the 

agency provides Congress, through the 

Office of Management and Budget, with 

an explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This proposed rule 

involves amending the enforcement 

period of an existing safety zone. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 


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Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Proposed Rules 71411 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

2. Amend § 165.1315 by revising 

paragraph (a)(7)(ii) to read as follows: 

§ 165.1315 Safety Zones: Fireworks 

displays in the Captain of the Port Columbia 

River Zone. 

(a) * * * 

(7) * * * 

(ii) Enforcement period. One day 

between the third week of August and 

the third week of September. 

* * * * * 

Dated: November 5, 2010. 

D.E. Kaup, 

Captain, U.S. Coast Guard, Captain of the 

Port, Columbia River. 

[FR Doc. 2010–29423 Filed 11–22–10; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 08–197, RM–11491; DA 10– 

2117] 

Radio Broadcasting Services; 

Silverpeak, NV 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; dismissal. 

SUMMARY: The Audio Division dismisses 

the petition for rule making filed by 

Shamrock Communications, Inc., 

proposing the allotment of Channel 

291C at Silverpeak, Nevada, as the 

community’s first local transmission 

service. The reason for the dismissal is 

that, in light of the prior dismissal of a 

proposed channel substitution at 

Amargosa Valley, Nevada, the proposal 

to allot Channel 291C at Silverpeak, 

Nevada, does not meet the 

Commission’s spacing requirements for 

FM services. For that reason, the Audio 

Division dismissed the petition for rule 

making and terminated the proceeding 

without adoption of a final rule. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Dupont, Media Bureau, 

(202) 418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 08–197, 

adopted November 3, 2010, and released 

November 5, 2010. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC’s Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC 20554. The complete 

text of this decision also may be 

purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street, SW., 

Room CY–B402, Washington, DC 20554, 

(800) 378–3160, or via the company’s 

Web site, http://www.bcpiweb.com. The 

Report and Order is not subject to the 

Congressional Review Act. (The 

Commission, is, therefore, not required 

to submit a copy of this Report and 

Order to GAO, pursuant to the 

Congressional Review Act, see U.S.C. 

801(a)(1)(A) because the proposed rule 

was dismissed.) 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. 2010–29388 Filed 11–22–10; 8:45 am] 

BILLING CODE 6712–01–P 


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