Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Proposed Rules 78197 

derivatives clearing organization shall 

have clear and comprehensive rules and 

procedures. 

(b) Availability of information. Each 

derivatives clearing organization shall 

make information concerning the rules 

and the operating and default 

procedures governing the clearing and 

settlement systems of the derivatives 

clearing organization available to market 

participants. 

(c) Public disclosure. Each derivatives 

clearing organization shall disclose 

publicly and to the Commission 

information concerning: 

(1) The terms and conditions of each 

contract, agreement, and transaction 

cleared and settled by the derivatives 

clearing organization; 

(2) Each clearing and other fee that 

the derivatives clearing organization 

charges its clearing members; 

(3) The margin-setting methodology; 

(4) The size and composition of the 

financial resource package available in 

the event of a clearing member default; 

(5) Daily settlement prices, volume, 

and open interest for each contract, 

agreement, or transaction cleared or 

settled by the derivatives clearing 

organization; 

(6) The derivatives clearing 

organization’s rules and procedures for 

defaults in accordance with § 39.16 of 

this part; and 

(7) Any other matter that is relevant 

to participation in the clearing and 

settlement activities of the derivatives 

clearing organization. 

(d) Publication of information. The 

derivatives clearing organization shall 

make its rulebook, a list of all current 

clearing members and the information 

listed in paragraph (c) of this section 

readily available to the general public, 

in a timely manner, by posting such 

information on the derivatives clearing 

organization’s website, unless otherwise 

permitted by the Commission. The 

information required in paragraph (c)(5) 

of this section shall be made available 

to the public no later than the business 

day following the day to which the 

information pertains. 

16. Add § 39.22 to read as follows: 

§ 39.22 Information sharing. 

Each derivatives clearing organization 

shall enter into, and abide by the terms 

of, each appropriate and applicable 

domestic and international informationsharing agreement, and shall use 

relevant information obtained from each 

such agreement in carrying out the risk 

management program of the derivatives 

clearing organization. 

Issued in Washington, DC, on December 1, 

2010, by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

Appendices to Information 

Management Requirements for 

Derivatives Clearing Organizations— 

Commission Voting Summary and 

Statements of Commissioners 

Note: The following appendices will not 

appear in the Code of Federal Regulations 

Appendix 1—Commission Voting Summary 

On this matter, Chairman Gensler and 

Commissioners Dunn, Sommers, Chilton and 

O’Malia voted in the affirmative. No 

Commissioner voted in the negative. 

Appendix 2—Statement of Chairman Gary 

Gensler 

I support the proposed rulemaking 

concerning information management, 

recordkeeping and reporting requirements for 

derivatives clearing organizations. The 

requirements would enable the Commission 

to conduct financial risk surveillance more 

efficiently and effectively. Further, they 

would promote transparency to the 

regulators, enhancing the Commission’s 

ability to detect and resolve potential 

concerns before they escalate into major 

problems. The rule also fulfills Congress’s 

direction that clearinghouses be required to 

make settlement prices and open interest 

public in all their contracts on a daily basis. 

The proposed reporting rules apply 

uniform standards to all DCOs, thereby 

helping to avoid inconsistency in DCO 

reporting. The recordkeeping requirements 

are rooted in sound business practices, and 

the public information requirements serve 

the public interest by promoting 

transparency and disclosure. By codifying 

the information-sharing core principle into 

the Commission’s regulations, the 

Commission would reaffirm its commitment 

to promoting cooperation among industry 

participants in carrying out risk management 

functions. 

[FR Doc. 2010–31131 Filed 12–14–10; 8:45 am] 

BILLING CODE 6351–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0850; FRL–9239–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; The Milwaukee-Racine and 

Sheboygan Areas; Determination of 

Attainment of the 1997 8-hour Ozone 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine under the Clean Air Act 

(CAA) that the Milwaukee-Racine and 

Sheboygan, Wisconsin areas have 

attained the 1997 8-hour ozone National 

Ambient Air Quality Standard 

(NAAQS). The Milwaukee-Racine area 

includes Milwaukee, Ozaukee, Racine, 

Washington, Waukesha, and Kenosha 

Counties. The Sheboygan area includes 

Sheboygan County. The proposed 

determinations are based on complete, 

quality-assured and certified ambient air 

monitoring data that show that the areas 

have monitored attainment of the 1997 

8-hour ozone standard for the 2006– 

2008 and 2007–2009 monitoring 

periods. Preliminary data available for 

2010 indicate that the areas continue to 

monitor attainment. If EPA finalizes this 

action, as a result of these 

determinations, the requirements for 

these areas to submit attainment 

demonstrations and associated 

reasonably available control measures 

(RACM), reasonable further progress 

plans (RFP), contingency measures, and 

other State Implementation Plan (SIP) 

revisions related to attainment of the 

standard would be suspended for as 

long as the areas continue to attain the 

1997 8-hour ozone standard. These 

determinations would also suspend the 

requirement for EPA to promulgate 

attainment demonstration, RFP, and any 

other attainment-related Federal 

Implementation Plans (FIPs) for these 

areas. 

DATES: Comments must be received on 

or before January 14, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0850, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John M. Mooney, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

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78198 Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Proposed Rules 

Friday, 8:30 am to 4:30 pm, excluding 

Federal holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’Agostino, Environmental 

Engineer, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–1767, 

dagostino.kathleen@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving the 

attainment determinations as a direct 

final rule without prior proposal 

because the Agency views this as a 

noncontroversial action and anticipates 

no adverse comments. A detailed 

rationale for the approval is set forth in 

the direct final rule. If no adverse 

comments are received in response to 

this rule, no further activity is 

contemplated. If EPA receives adverse 

comments, with respect to either the 

Milwaukee-Racine or the Sheboygan 

area, the direct final rule will be 

withdrawn with regard to that area and 

all public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the Rules section of this Federal 

Register. 

Dated: November 24, 2010. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2010–31341 Filed 12–14–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Chapter I 

[EPA–HQ–OA–2010–0992 FRL–9239–4] 

Proposed Final Policy on Consultation 

and Coordination With Indian Tribes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of document for public 

comment. 

SUMMARY: The Environmental Protection 

Agency (EPA) is announcing a 60-day 

public comment period for the proposed 

Final EPA Policy on Consultation and 

Coordination with Indian Tribes 

(Policy). The Policy complies with the 

Presidential Memorandum on Tribal 

Consultation issued November 5, 2009, 

directing agencies to develop a plan to 

implement fully Executive Order 13175 

(Executive Order). The Executive Order 

specifies that each Agency must have a 

process that is accountable to establish 

regular and meaningful consultation 

and coordination with tribal officials in 

the development of policies that have 

tribal implications. 

The goals of the Policy are to: 

Establish clear EPA standards for the 

consultation process, including defining 

the what, when, and how of 

consultation; designate specific EPA 

personnel responsible for serving as 

consultation points of contact in order 

to promote consistency in, and 

coordination of, the consultation 

process; and establish a management 

oversight and reporting structure that 

will ensure accountability and 

transparency. The proposed final Policy 

sets a broad standard for when EPA 

should consider consulting with 

federally-recognized tribal governments. 

Notably, the scope of EPA’s proposed 

consultation policy is intended to be 

broader than that found in Executive 

Order 13175. 

The Policy reflects the principles 

expressed in the 1984 EPA Policy for 

the Administration of Environmental 

Programs on Indian Reservations (1984 

Policy) for interacting with tribes. The 

1984 Policy remains the cornerstone for 

EPA’s Indian program and assure[s] that 

tribal concerns and interests are 

considered whenever EPA’s actions 

and/or decisions may affect tribes. 

EPA is requesting comment on the 

policy described in this document. 

DATES: Comments must be received on 

or before February 16, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. [EPA–HQ– 

OA–2010–0992], by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• Mail: EPA’s Proposed Final Policy 

on Consultation and Coordination with 

Indian Tribes, Environmental Protection 

Agency, Mailcode: 2822–1T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. 

• Hand Delivery: EPA Docket Center, 

EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OA–2010– 

0992. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov (or e-mail). The 

http://www.regulations.gov website is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the HQ EPA Docket Center. EPA’s 

Proposed Final Policy on Consultation 

and Coordination with Indian Tribes 

Docket, EPA/DC, EPA West, Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC. The Public Reading 

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