73946 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 

Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 

81, 82, 103, 104, 109, 111, 126, 127, 128, 129, 

134, 161, 170H., 181, 182, 187, 189, 68 Stat. 

929, 930, 931, 932, 933, 936, 937, 948, 953, 

954, 955, 956, as amended (42 U.S.C. 2071, 

2073, 2074, 2077, 2092–2095, 2111, 2112, 

2133, 2134, 2139, 2139a, 2141, 2154–2158, 

2160d., 2201, 2210h., 2231–2233, 2237, 

2239); sec. 201, 88 Stat. 1242, as amended (42 

U.S.C. 5841; sec. 5, Pub. L. 101–575, 104 Stat. 

2835 (42 U.S.C. 2243); sec. 1704, 112 Stat. 

2750 (44 U.S.C. 3504 note); Energy Policy Act 

of 2005; Pub. L. 109–58, 119 Stat. 594 (2005). 

Sections 110.1(b)(2) and 110.1(b)(3) also 

issued under Pub. L. 96–92, 93 Stat. 710 (22 

U.S.C. 2403). Section 110.11 also issued 

under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) 

and secs. 54c and 57d, 88 Stat. 473, 475 (42 

U.S.C. 2074). Section 110.27 also issued 

under sec. 309(a), Pub. L. 99–440. Section 

110.50(b)(3) also issued under sec. 123, 92 

Stat. 142(42 U.S.C. 2153). Section 110.51 also 

issued under sec. 184, 68 Stat. 954, as 

amended (42 U.S.C. 2234). Section 110.52 

also issued under sec. 186, 68 Stat. 955 (42 

U.S.C. 2236). Sections 110.80–110.113 also 

issued under 5 U.S.C. 552, 554. Sections 

110.130–110.135 also issued under 5 U.S.C. 

553. Sections 110.2 and 110.42(a)(9) also 

issued under sec. 903, Pub. L. 102–496 (42 

U.S.C. 2151 et seq.). 

■ 51. In § 110.2, revise the definition of 

Classified Information to read as 

follows: 

§ 110.2 Definitions. 

* * * * * 

Classified Information means 

Classified National Security Information 

under Executive Order 13526, as 

amended, or any predecessor or 

successor Executive Order and 

Restricted Data under the Atomic 

Energy Act. 

* * * * * 

PART 150—EXEMPTIONS AND 

CONTINUED REGULATORY 

AUTHORITY IN AGREEMENT STATES 

AND IN OFFSHORE WATERS UNDER 

SECTION 274 

■ 52. The authority citation for part 150 

continues to read as follows: 

Authority: Sec. 161, 68 Stat. 948, as 

amended, sec. 274, 73 Stat. 688 (42 U.S.C. 

2201, 2021); sec. 201, 88 Stat. 1242, as 

amended (42 U.S.C. 5841); sec. 1704, 112 

Stat. 2750 (44 U.S.C. 3504 note); Energy 

Policy Act of 2005, Pub. L. No. 109–58, 119 

Stat. 594 (2005). Sections 150.3, 150.15, 

150.15a, 150.31, 150.32 also issued under 

secs. 11e(2), 81, 68 Stat. 923, 935, as 

amended, secs. 83, 84, 92 Stat. 3033, 3039 (42 

U.S.C. 2014e(2), 2111, 2113, 2114). Section 

150.14 also issued under sec. 53, 68 Stat. 930, 

as amended (42 U.S.C. 2073). 

Section 150.15 also issued under secs. 135, 

141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42 

U.S.C. 10155, 10161). Section 150.17a also 

issued under sec. 122, 68 Stat. 939 (42 U.S.C. 

2152). Section 150.30 also issued under sec. 

234, 83 Stat. 444 (42 U.S.C. 2282). 

§ 150.10 [Amended] 

■ 53. In § 150.10, the first sentence, 

remove the reference ‘‘150.18,’’. 

§ 150.17 [Amended] 

■ 54. In § 150.17, the last sentence of 

paragraph (b)(1), remove the reference 

‘‘NUREG/BR–007’’ and add in its place 

the reference ‘‘NUREG/BR–0007’’. 

Dated at Rockville, Maryland, this 19th day 

of November 2010. 

For the Nuclear Regulatory Commission. 

Cindy Bladey, 

Chief, Rules, Announcements, and Directives 

Branch, Division of Administrative Services, 

Office of Administration. 

[FR Doc. 2010–29735 Filed 11–29–10; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 851 

Worker Safety and Health Program: 

Safety Conscious Work Environment 

AGENCY: Office of the General Counsel, 

Department of Energy (DOE). 

ACTION: Notice of denial of petition for 

rulemaking. 

SUMMARY: The Department of Energy 

received a petition from the Hanford 

Challenge on August 18, 2009, 

requesting the initiation of a rulemaking 

regarding safety policies at DOE’s 

nuclear facilities. The petition calls for 

DOE to establish by regulation a safety 

program using the Nuclear Regulatory 

Commission’s ‘‘Safety-Conscious Work 

Environment’’ guidelines as a model. 

DOE published this petition and a 

request for comment on October 16, 

2009. DOE denies the petition for 

rulemaking. 

DATES: This notice is effective 

November 30, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Steven L. Krahn, Acting Deputy 

Assistant Secretary, Safety Management 

and Operations, Environmental 

Management Office, U.S. Department of 

Energy, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121, (202) 

586–2281, e-mail: 

steve.krahn@em.doe.gov. 

SUPPLEMENTARY INFORMATION: DOE 

received numerous comments in 

response to the notice of the Hanford 

Challenge petition for rulemaking, 

published on October 16, 2009. 74 FR 

53190. The vast majority of those 

comments recommended denial of the 

petition, for two reasons. First, DOE 

already has numerous regulations in 

place to protect and encourage 

employees to raise work-related 

concerns. Second, not only would 

instituting a ‘‘Safety-Conscious Work 

Environment’’ by regulation be 

redundant, but it would also fail to add 

any additional protections not already 

in place. The comments DOE received 

in favor of the petition were generally 

related to the existing culture of safety 

and whistleblower protection. The main 

concern in these comments was that 

DOE facilities would be unsafe without 

an environment where employees could 

raise concerns without fear of retaliation 

or reprisal. 

After reviewing the existing 

protections, DOE agrees with the 

majority of the comments that granting 

the petition for rulemaking would be 

unnecessary. Currently, employee 

protection and safety programs exist in 

the following statutory and regulatory 

authorities: 42 U.S.C. 5851, 10 CFR part 

708, 10 CFR part 851, 29 CFR 1960.28, 

48 CFR 970.0309, and 29 CFR part 24, 

as well as numerous internal DOE 

orders and directives including DOE’s 

Employee Concerns Program (DOE 

Order 442.1A) and Differing 

Professional Opinions Manual (DOE 

Manual 442.1–1). These authorities 

provide sufficient guidance and 

protections in which employees can 

properly raise concerns that will be 

promptly reviewed and appropriately 

resolved with timely feedback. 

DOE denies the petition for 

rulemaking because the existing 

regulations provide legal protection to 

employees while adequately promoting 

worker involvement in raising and 

resolving concerns. Implementing the 

‘‘Safety-Conscious Work Environment’’ 

would be redundant and would fail to 

add any substantive protections not 

currently in place. While the petitioner 

believes that the existing regulations are 

inadequate, neither DOE’s internal 

review nor the comments submitted in 

response to the petition demonstrate 

that to be the case. 

Nevertheless, DOE recognizes that the 

existing authorities governing safety and 

employee protection programs can be 

diverse and confusing. In an attempt to 

provide as much clarity on this issue as 

possible, DOE has created a Web site 

summarizing the existing law and 

providing a central location 

consolidating all the relevant standards 

on this issue. This Web site can be 

accessed at: http://www.gc.energy.gov/ 

1630.htm. The Department believes that 

this Web site will increase awareness of 

the existing protections for DOE 

employees and DOE contractors and 

will address the underlying concerns 

evident in the Hanford Challenge 

petition for rulemaking and the 

comments in support thereof. 


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Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Rules and Regulations 73947 

Issued in Washington, DC, on November 

23, 2010. 

Scott Blake Harris, 

General Counsel. 

[FR Doc. 2010–30065 Filed 11–29–10; 8:45 am] 

BILLING CODE 6450–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Part 335 

RIN 3064–AD67 

Securities of Nonmember Insured 

Banks 

AGENCY: Federal Deposit Insurance 

Corporation. 

ACTION: Interim final rule; request for 

comment. 

SUMMARY: The FDIC is revising its 

securities disclosure regulations 

applicable to state nonmember banks 

with securities required to be registered 

under section 12 of the Securities 

Exchange Act of 1934 (Exchange Act). 

The final rule cross references changes 

in regulations adopted by the Securities 

and Exchange Commission (SEC) into 

the provisions of the FDIC’s securities 

regulations. Cross referencing will 

assure that the FDIC’s regulations 

remain substantially similar to the SEC’s 

regulations, as required by law. The 

final rule provides general references to 

SEC regulations by title and part of the 

Code of Federal Regulations (CFR), 

rather than by specific references to 

sections and subparts of the CFR as are 

currently provided in part 335. This 

revision reflects changes to SEC 

regulations with respect to small 

business issuers and will provide 

general guidance to FDIC filers 

regarding the electronic filing of certain 

documents. The amendments to part 

335 references to SEC regulations will 

greatly reduce the need for future 

revisions of part 335, and the FDIC’s 

regulations will be consistent with the 

SEC regulations through the cross 

reference stated in 12 CFR 335.101. 

DATES: These amendments are effective 

on November 30, 2010. Comments must 

be submitted on or before January 31, 

2011. 

ADDRESSES: Interested parties are 

invited to submit written comments to 

the FDIC by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Agency Web Site: http:// 

www.fdic.gov/regulations/laws/federal/ 

propose.html. Follow the instructions 

for submitting comments on the FDIC 

Web site. 

• E-mail: comments@FDIC.gov. 

Include ‘‘Part 335—Securities of 

Nonmember Insured Banks’’ in the 

subject line of the message. 

• Mail: Robert E. Feldman, Executive 

Secretary, Attention: Comments, Federal 

Deposit Insurance Corporation, 550 17th 

Street, NW., Washington, DC 20429. 

• Hand Delivery/Courier: Comments 

may be hand-delivered to the guard 

station located at the rear of the FDIC’s 

550 17th Street building (accessible 

from F Street) on business days between 

7 a.m. and 5 p.m. 

Instructions: All submissions must 

include the agency name and use the 

title ‘‘Part 335—Securities of 

Nonmember Insured Banks.’’ All 

comments received will be posted, 

generally without change, to: http:// 

www.fdic.gov/regulations/laws/federal/ 

propose.html, including any personal 

information provided. Paper copies of 

public comments may be ordered from 

the FDIC’s Public Information Center by 

telephone at (877) 275–3342 or (703) 

562–2200. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Chapman, Senior Staff 

Accountant, Division of Supervision 

and Consumer Protection, (202) 898– 

8922 or dchapman@fdic.gov; Maureen 

Loviglio, Senior Staff Accountant, 

Division of Supervision and Consumer 

Protection, (202) 898–6777 or 

mloviglio@fdic.gov; or Mark G. Flanigan, 

Counsel, Legal Division, (202) 898–7426 

or mflanigan@fdic.gov, Federal Deposit 

Insurance Corporation, 550 17th Street, 

NW., Washington, DC 20429. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 12(i) of the Exchange Act, as 

amended (15 U.S.C. 78l(i)), authorizes 

the FDIC to issue regulations applicable 

to the securities of state nonmember 

banks that are substantially similar to 

those of the SEC with respect to its 

powers, functions, and duties to 

administer and enforce sections 10A(m) 

(standards relating to audit committees), 

12 (securities registration), 13 (periodic 

reporting), 14(a) (proxies and proxy 

solicitation), 14(c) (information 

statements), 14(d) (tender offers), 14(f) 

(arrangements for changes in directors), 

and 16 (beneficial ownership and 

reporting) of the Exchange Act, and 

sections 302 (corporate responsibility 

for financial reports), 303 (improper 

influence on conduct of audits), 304 

(forfeiture of certain bonuses and 

profits), 306 (insider trades during 

blackout periods), 401(b) (disclosure of 

pro forma financial information), 404 

(management assessment of internal 

controls), 406 (code of ethics for senior 

financial officers), and 407 (disclosure 

of audit committee financial expert) of 

the Sarbanes-Oxley Act (codified at 15 

U.S.C. 7241, 7242, 7243, 7244, 7261, 

7262, 7264, and 7265). These 

regulations must be substantially similar 

to the regulations of the SEC under the 

listed sections of the Exchange Act and 

the Sarbanes-Oxley Act, unless the FDIC 

publishes its reasons for deviating from 

the SEC’s rules. The proposed 

amendments to this part provide 

references to titles and parts of the CFR, 

and eliminate references to specific CFR 

sections and subparts, as a general cross 

reference is provided in § 335.101. The 

elimination of CFR section and subpart 

references provides efficiency as 

regulatory revisions by the SEC 

impacting CFR sections and subparts 

will no longer require amendments to 

part 335 each time a CFR section and 

subpart is amended. 

II. Section by Section Analysis 

Part 335 will be amended throughout 

to reflect the elimination of certain 

references to sections and subparts of 

the Code of Federal Regulations that the 

FDIC is currently required to administer 

and enforce under section 12(i) of the 

Exchange Act, provide a general cross 

reference to the relevant title and part of 

the Code of Federal Regulations, and 

reflect required and voluntary electronic 

filing of FDIC forms. Accordingly, the 

following sections in part 335 will be 

amended, where appropriate, to remove 

references to specific CFR sections and 

subparts in the SEC’s regulations that 

have been cross referenced in section 

335.101: § 335.111 (Forms and 

schedules), § 335.121 (Listing standards 

related to audit committees), § 335.201 

(Securities exempted from registration), 

§ 335.211 (Registration and reporting), 

section 335.221 (Forms for registration 

of securities and other matters), 

§ 335.231 (Certification, suspension of 

trading, and removal from listing by 

exchanges), § 335.241 (Unlisted trading), 

§ 335.251 (Forms for notification of 

action taken by national securities 

exchanges), § 335.261 (Exemptions; 

terminations; and definitions), § 335.301 

(Reports of issuers of securities 

registered pursuant to § 12), § 335.311 

(Forms for annual, quarterly, current, 

and other reports of issuers), § 335.321 

(Maintenance of records and issuer’s 

representations in connection with 

required reports), § 335.331 (Acquisition 

statements, acquisition of securities by 

issuers, and other matters), § 335.401 

(Solicitation of proxies), § 335.501 

(Tender offers), § 335.601 (Requirements 

of section 16 of the Securities Exchange 


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