### 25274 Federal Register / Vol. 76, No. 86 / Wednesday, May 4, 2011 / Proposed Rules

1 See letter from Center for Capital Markets Competitiveness of the U.S. Chamber of Commerce (Apr. 15, 2011). Comments are available on the Commission’s Internet Web site at http:// www.sec.gov/comments/s7-13-11/s71311.shtml. 10 a.m. and 3 p.m. All comments received will be posted without change; we do not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly.

**FOR FURTHER INFORMATION CONTACT :**  N. Sean Harrison, Special Counsel, at (202) 551–3430, in the Office of Rulemaking, Division of Corporation Finance, U.S. Securities and Exchange Commission, 100 F Street, NE., Washington, DC
20549–3628.

**SUPPLEMENTARY INFORMATION :**  The Commission has requested comment on a release proposing a new rule and rule amendments to implement theprovisions of Section 952 of the DoddFrank Wall Street Reform and Consumer Protection Act of 2010, which added Section 10C to the Exchange Act. Section 10C requires the Commission to adopt rules directing the national securities exchanges (the ‘‘ exchanges ’’ ) and national securities associations to prohibit the listing of any equity security of an issuer that is not in compliance with Section 10C’s compensation committee and compensation adviser requirements. In accordance with the statute, the proposed rule would direct the exchanges to establish listing standards that, among other things, require each member of a listed issuer’s compensation committee to be a member of the board of directors and to be ‘‘ independent, ’’ as defined in the listing standards of the exchanges adopted in accordance with the proposed rule. In addition, Section 10C(c)(2) of the Exchange Act requires the Commission to adopt new disclosure rules concerning the use of compensation consultants and conflicts of interest. The Commission approved the proposal at an open meeting on March 30, 2011, and the release was posted on the Commission’s Web site on that date. The release was published in the Federal Register on April 6, 2011.

The Commission originally requested that comments on the release be received by April 29, 2011. A commentator has asked that the Commission extend the period of time for public comment on the proposing release. 1 After considering the request and the issues presented by the release, the Commission believes that providing the public additional time to consider the matters addressed by the release and to submit responses to the release would benefit the Commission in its consideration of final rules. Therefore, the Commission is extending the comment period for Release No. 33–9199, ‘‘Listing Standards for Compensation Committees, ’’ to May 19,
2011.

Dated: April 29, 2011. By the Commission. Cathy H. Ahn, Deputy Secretary.
[FR Doc. 2011–10868 Filed 5–3–11; 8:45 am]

**BILLING CODE 8011–01–P**

**COMMODITY FUTURES TRADING COMMISSION** 

**17 CFR Chapter I**

**Reopening and Extension of Comment Periods for Rulemakings Implementing**  **the Dodd-Frank Wall Street Reform and Consumer Protection Act** 

**AGENCY :**  Commodity Futures Trading Commission.

**ACTION :**  Reopening and extension of comment periods.

**SUMMARY :**  Since the enactment of the Wall Street Reform and Consumer Protection Act (the ‘‘Dodd-Frank Act’’ ) on July 21, 2010, the Commodity Futures Trading Commission ( ‘‘Commission’’ ) has published in the Federal Register a significant number of notices of proposed rulemaking toimplement the provisions of the DoddFrank Act that establish a comprehensive new framework for the regulation of swaps. In order to provide interested parties with an additional opportunity to participate in these Dodd-Frank Act rulemakings and comment on the proposed new regulatory framework, the Commission is reopening or extending the comment period for many of its proposed rulemakings. The Commission is also requesting comment on the order in which it should consider finalrulemakings made under the DoddFrank Act.

**DATES :**  For those rulemakings listed herein for which the comment period has closed at the time of publication ofthis notice, the comment period is reopened until June 3, 2011. For those rulemakings listed herein for which the comment period closes during the extension’s comment period, the comment period is extended until June 3, 2011. The comment period of any rulemaking subject of this extension that closes after the extension’s comment period shall remain open until the originally published closing date. All comments that were received after the close of the originally established comment period of each of the reopened rulemakings will be treated as if they were received during the reopened comment periods and need not be resubmitted.

The comment period regarding the order in which the Commission should consider final rules will be open until June 3, 2011.

**ADDRESSES :**  Comments may be submitted by any of the following methods:

• Agency Web site, via its Comments Online process at http:// comments.cftc.gov. Follow the instructions for submitting comments through the Web site, and submit all comments through the ‘‘ submit
comment’’ link associated with this extension.

• Mail: Send to David A. Stawick, Secretary, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC
20581.

• Hand Delivery/Courier: Same as mail above.

Please submit your comments using only one method. You may submit comments on individual rulemakings subject of this extension, on the intersection of more than one rulemaking, or on the proposed rulemakings from a global perspective. Comments may be submitted on any individual rulemaking, on any combination of rulemakings, or on the order and timing of the Commission’s final rulemakings, including the effective and compliance dates that may be appropriate for the various rulemakings.

To ensure that your comments are considered to the fullest extent possible by the Commission, you should identify each of the proposed rulemakings to which your comment applies by providing the name and RIN number associated with each rulemaking. Rulemaking RIN numbers may be found on the Commission’s Web site at http://comments.cftc.gov/ PublicComments/ ReleasesWithComments.aspx

. Comments that address the rulemakings from a global perspective should be identified with the phrase ‘‘global
comment’’ in the subject line. Additionally, as provided above, all comments submitted through the Commission’s Comments Online process should be transmitted via the

‘‘ submit comment’’ link associated with this rulemaking. You need not, and to ensure that all comments addressing more than one rulemaking are


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

1 See Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111–203, 124 Stat. 1376 (2010). The text of the Dodd-Frank Act may be accessed at http://www.cftc.gov./ LawRegulation/OTCDERIVATIVES/index.htm. 2 Pursuant to section 701 of the Dodd-Frank Act, title VII may be cited as the ‘‘Wall Street Transparency and Accountability Act of 2010. ’’

3 7 U.S.C. 1 et seq. considered fully by the Commission you should not, submit comments addressing more than one rulemaking to any of the individual rulemakings listed on the Commission’s ‘‘public comments ’’

or ‘‘ open comment periods ’’ Web pages.

All comments must be submitted in English, or if not, accompanied by an English translation. Comments will be posted as received to http:// www.cftc.gov. You should submit only information that you wish to make available publicly. If you wish the Commission to consider information that may be exempt from disclosure under the Freedom of Information Act, a petition for confidential treatment of the exempt information may be submitted according to the procedures established in § 145.9 of the Commission’s regulations, 17 CFR
145.9.

The Commission reserves the right, but shall have no obligation, to review, pre-screen, filter, redact, refuse or remove any or all of your submission from http://www.cftc.gov that it may deem to be inappropriate for publication, such as obscene language. All submissions that have been redacted or removed that contain comments on the merits of the rulemaking will be retained in the public comment file and will be considered as required under the Administrative Procedure Act and other applicable laws, and may be accessible under the Freedom of Information Act.

**FOR FURTHER INFORMATION CONTACT :**  On this release, Beverly E. Loew, Assistant General Counsel, Office of the General Counsel, Commodity Futures Trading Commission, 1155 21st Street, NW., Washington, DC 20581; 202–418–5648;

or bloew@cftc.gov. On any particular rulemaking, the Commission staff members listed in the associated notice of proposed rulemaking.

**SUPPLEMENTARY INFORMATION :**  I. Background

President Obama signed the DoddFrank Act on July 21, 2010. 1 Title VII of the Dodd-Frank Act 2 amended the Commodity Exchange Act ( ‘‘CEA’’ ) 3 to establish a comprehensive new regulatory framework for swaps and security-based swaps. The legislation was enacted to reduce risk, increase transparency, and promote market integrity within the financial system by, among other things: (1) Providing for the registration and comprehensive regulation of swap dealers and major swap participants; (2) imposing clearing and trade execution requirements on standardized derivative products; (3)creating robust recordkeeping and realtime reporting regimes; and (4) enhancing the Commission’s rulemaking and enforcement authorities with respect to, among others, all registered entities and intermediaries subject to the Commission’s oversight.

Over the past several months the Commission has proposed a number ofrulemakings to implement the DoddFrank Act. With respect to these rulemakings, the Commission has consulted and coordinated with the Securities and Exchange Commission and other Federal regulators, held hundreds of meetings with market participants and other members of the public interested in the proposed rulemakings, and received thousands of comments on these proposed rulemakings. At this point, the regulatory requirements that have been proposed by the Commission present a substantially complete mosaic of the Commission’s proposed regulatoryframework for swaps under the DoddFrank Act. II. Reopening and Extension of Comment Periods and Request for Comment

In light of this substantially complete mosaic, the Commission is reopening or extending the comment period of many of its proposed rulemakings in order to provide the public with an additional opportunity to comment on the proposed new regulatory framework for swaps, either in part or as a whole.

The Commission also specifically seeks comments on the costs and benefits of the proposed rulemakings, individually, in combination, or globally. In particular, the Commission reiterates its request for additional quantitative or qualitative information relating to the costs and benefits of the proposed rules.

The comment periods for the following rulemakings are being 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 Facilities Regarding the Mitigation of Conflicts of Interest. 11/17/2010

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 Transactions. 12/3/2010

11/17/2010 ........ Implementation of Conflicts of Interest Policies and Procedures by Futures Commission Merchants and Introducing Brokers. 1/18/2011

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 Commission Merchant, Swap Dealer, or Major Swap Participant. 1/18/2011

11/23/2010 ........ Regulations Establishing and Governing the Duties of Swap Dealers and Major Swap Participants ................ 1/24/201111/23/2010 ........ Implementation of Conflicts of Interest Policies and Procedures by Swap Dealers and Major Swap Participants. 1/24/2011

11/23/2010 ........ Registration of Swap Dealers and Major Swap Participants ..................................................... .......................... 1/24/201112/3/2010 .......... Protection of Collateral of Counterparties to Uncleared Swaps; Treatment of Securities in a Portfolio Margining Account in a Commodity Broker Bankruptcy. 2/1/2011

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 12/9/2010 .......... Reporting, Recordkeeping, and Daily Trading Records Requirements for Swap Dealers and Major Swap Participants. 2/7/2011

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


### 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, ’’

‘‘ Security-Based Swap Dealer, ’’ ‘‘ Major Swap Participant, ’’ ‘‘ Major Security-Based Swap Participant’’ and

‘‘ Eligible Contract Participant’’

. 2/22/2011

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 Swap Participants. 2/28/2011

1/6/2011 ............ Governance Requirements for Derivatives Clearing Organizations, Designated Contract Markets, and Swap Execution Facilities; Additional Requirements Regarding the Mitigation of Conflicts of Interest. 3/7/2011

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 and Major Swap Participants. 4/11/2011

3/3/2011 ............ Amendments to Commodity Pool Operator and Commodity Trading Advisor Regulations Resulting From the Dodd-Frank Act. 5/2/2011

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, commenters may submit, and the Commission will consider, comments on any aspects of the rulemakings, including comments on individual rulemakings subject of this extension, on the intersection of any combination of these rulemakings, or on the proposed rulemakings from a global perspective. All comments that were received after the close of the originally established comment period of each of the reopened rulemakings will be treated as if they were received during the reopened comment periods and need not be resubmitted.

Finally, the Commission is requesting comment on the order in which it should consider the Dodd-Frank final rulemakings.

Issued in Washington, DC, this 27th day of April 2010, by the Commission. David A. Stawick, Secretary of the Commission. Appendices to Reopening and Extension of Comment Periods forRulemakings Implementing the DoddFrank Wall Street Reform and Consumer Protection Act—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, Chilton and O’Malia voted in the affirmative; Commissioner Sommers voted in the negative. Appendix 2—Statement of Commissioner Scott D. O’Malia

I concur with the Commission’s proposal to re-open the comment period for certainproposed rulemakings made under the DoddFrank Act and to request comment on the sequencing of the Commission’s consideration of final rules. Following careful consideration of comments regarding the sequencing, the Commission should publish in the Federal Register the order in which it intends to take up consideration of the Dodd-Frank final rules. Doing so will help ensure that our processes are fully transparent and well informed.

Similarly, I strongly urge the Commission to propose a full implementation schedule, request comment and publish an adopted schedule in the Federal Register so that the market and public will have the certainty they need to make budgeting, investment and hiring decisions. Commenters should urge the Commission to publish a full implementation schedule by submitting comments to this rulemaking.

In order to facilitate debate, I have proposed the following sequencing of the Commission’s consideration of final rules. I strongly recommend that the public comment on this proposal or recommend an alternative.

Phase I

• Federal Energy Regulatory Commission (FERC) Memorandums of Understanding

• Whistleblower

• Fair Credit Reporting Act (FCRA) Rules

• Reliance on Credit Ratings

Swap Data Repository

• Data Recordkeeping

• Large Trader reporting

• Investment advisor reporting

• Pre-enactment & Transition swaps

• Governance of SDRs

• Process to define a clearable swap Phase II
Swap Dealer (SD)/Major Swap Participant (MSP)

• End-User Exemption

• SD/MSP Registration

• Small Bank Exemption Rule

• Business Conduct Standards for SD/MSP

Internal business conduct

Documentation Conflicts of Interest Capital and Margin External Business conduct

• Inter-Affiliate Transactions

Products Rules

• Agricultural Swaps

• Swaps

• Agricultural commodity definition

Phase III

• Position Limits

• Clearing

Designated Clearing Organization (DCO)

Core Principles Systemically Important Designated

Clearing Organizations (SIDCOs) Governance of DCO

• Execution

Real-time Reporting Swaps Execution Facility (SEF) & Block

Trade Rule Designated Contract Market (DCM) Foreign Board of Trade (FBOT) Part 40 Rule Certification Governance of SEFs & DCMs

Phase IV

• Clearing

Rule 1.25 Segregation and Bankruptcy Portfolio Margining

• Anti-Manipulation

• Disruptive Trading

• Volker Rule 619

• Commodity Pool Operator (CPO)/ Commodity Trading Adviser (CTA) Registration & conduct rules


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

• All Conforming Rules

[FR Doc. 2011–10884 Filed 5–3–11; 8:45 am]

**BILLING CODE 6351–01–P**

**DEPARTMENT OF LABOR**

**Mine Safety and Health Administration**

**30 CFR Parts 70, 71, 72, 75, and 90**

**RIN 1219–AB64**

**Lowering Miners’ Exposure to Respirable Coal Mine Dust, Including**  **Continuous Personal Dust Monitors**

**AGENCY :**  Mine Safety and Health Administration, Labor.

**ACTION :**  Proposed rule; extension of comment period.

**SUMMARY :**  In response to requests from interested parties, the Mine Safety and Health Administration (MSHA) is extending the comment period on the proposed rule addressing Lowering Miners’ Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors. This extension gives commenters additional time to review and comment on the proposed rule. The proposal was published on October 19, 2010 (75 FR 64412).

**DATES :**  All comments must be received or postmarked by midnight Eastern Daylight Saving Time on May 31, 2011.

**ADDRESSES :**  Comments must be identified with ‘‘RIN 1219–AB64 ’’ and may be sent by any of the following methods:

(1) Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

(2) Facsimile: 202–693–9441. Include

‘‘RIN 1219–AB64 ’’ in the subject line of the message.

(3) Regular Mail: MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209–3939.

(4) Hand Delivery or Courier: MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia. Sign in at the receptionist’s desk on the 21st floor.

MSHA will post all comments without change, including any personal information provided. Access comments electronically on http:// www.regulations.gov and on MSHA’s Web site at http://www.msha.gov/ currentcomments.asp. Review comments in person at the Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia. Sign in at the receptionist’s desk on the 21st floor. MSHA maintains a list that enables subscribers to receive e-mail notification when the Agency publishes rulemaking documents in the Federal Register. To subscribe, go to http://www.msha.gov/ subscriptions/subscribe.aspx.

**FOR FURTHER INFORMATION CONTACT :**  Roslyn B. Fontaine, Acting Director, Office of Standards, Regulations and Variances, MSHA, at Fontaine.Roslyn@dol.gov (E-mail), (202) 693–9440 (Voice), or (202) 693–9441 (Fax).

**SUPPLEMENTARY INFORMATION :** 
Extension of Comment Period

On October 19, 2010 (75 FR 64412), MSHA published a proposed rule, Lowering Miners’ Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors. In response to requests from interested parties, MSHA is extending the comment period from May 2, 2011 to May 31, 2011. All comments and supporting documentation must be received or postmarked by May 31,
2011.

Dated: April 28, 2011. Joseph A. Main, Assistant Secretary of Labor for Mine Safety and Health. [FR Doc. 2011–10780 Filed 4–29–11; 4:15 pm]

**BILLING CODE 4510–43–P**

**DEPARTMENT OF LABOR**

**Mine Safety and Health Administration**

**30 CFR Parts 75 and 104**

**RIN 1219–AB75, 1219–AB73**

**Examinations of Work Areas in Underground Coal Mines and Pattern**  **of Violations**

**AGENCY :**  Mine Safety and Health Administration, Labor.

**ACTION :**  Proposed rule; notice of public hearings; notice of re-opening and close of comment period.

**SUMMARY :**  The Mine Safety and Health Administration (MSHA) will hold four public hearings on the Agency’s proposed rules for Examinations of Work Areas in Underground Coal Mines (Examinations of Work Areas) and for Pattern of Violations. Each hearing will cover the major issues raised by commenters in response to the respective proposed rules.

**DATES :**  Hearings will be held on June 2, 7, 9, and 15, 2011, at the locations listed in the **SUPPLEMENTARY INFORMATION** section of this document. Post-hearing comments must be received or postmarked by midnight Eastern Daylight Saving Time on June 30, 2011.

**ADDRESSES :**  Comments, requests to speak, and informational materials for the rulemaking record may be sent to MSHA by any of the following methods. Clearly identify all submissions with

‘‘RIN 1219–AB75 ’’ for Examinations of Work Areas in Underground Coal Mines’ submissions, and with ‘‘RIN 1219–AB73 ’’ for Pattern of Violations’ submissions.

• Federal E-Rulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting
comments.

• Facsimile: 202–693–9441.

• Mail or Hand Delivery: MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Blvd., Room 2350, Arlington, VA 22209–3939. For hand delivery, sign in at the receptionist’s desk on the 21st floor.

**FOR FURTHER INFORMATION CONTACT :**  Roslyn B. Fontaine, Acting Director, Office of Standards, Regulations, and Variances, MSHA, at fontaine.roslyn@dol.gov (e-mail); 202– 693–9440 (voice); or 202–693–9441 (facsimile).

**SUPPLEMENTARY INFORMATION :**  I. Availability of Information

Federal Register Publications : The proposed rule for Examinations of Work Areas in Underground Coal Mines, published on December 27, 2010 (75 FR 81165), and the proposed rule for Pattern of Violations, published on February 2, 2011 (76 FR 5719), are available on http://www.regulations.gov and on MSHA’s Web site at http:// www.msha.gov/REGSPROP.HTM.

Public Comments: MSHA posts all comments without change, including any personal information provided. Access comments electronically on http://www.regulations.gov and on MSHA’s Web site at http:// www.msha.gov/currentcomments.asp. Review comments in person at the Office of Standards, Regulations, and Variances, 1100 Wilson Blvd., Room 2350, Arlington, VA. Sign in at the receptionist’s desk on the 21st floor.

E-mail Notification: To subscribe to receive e-mail notification when MSHA publishes rulemaking documents in the Federal Register, go to http:// www.msha.gov/subscriptions/ subscribe.aspx. II. Public Hearings

MSHA will hold four public hearings on its proposed rules for Examinations of Work Areas in Underground Coal