67662 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Proposed Rules 

Commission will not have a significant 

economic impact on a substantial 

number of small entities. As explained 

above, legitimate market participants 

should already have procedures in place 

to prevent their employees and agents 

from manipulating the markets. 

Accordingly, the Chairman, on behalf of 

the Commission, hereby certifies, 

pursuant to 5 U.S.C. 605(b), that the 

proposed rules will not have a 

significant impact on a substantial 

number of small entities. 

E. Congressional Review Act 

The Congressional Review Act 

establishes certain procedures for major 

rules, defined as those rules that would 

result in an annual effect on the 

economy of $100 million or more, or 

have other substantial impacts. These 

proposed rules are not subject to any of 

those requirements because they would 

not have any of these substantial 

impacts; rather, they should result in 

significant economic benefits. 

List of Subjects in 17 CFR Part 180 

Commodity futures. 

For the reasons stated in the 

preamble, the Commodity Futures 

Trading Commission proposes to add a 

new 17 CFR Part 180 as set forth below: 

PART 180—PROHIBITIONS AGAINST 

MANIPULATION 

Sec. 

180.1 Prohibition against manipulation. 

180.2 Other manipulation. 

Authority: 7 U.S.C. 6c(a), 9, 12(a)(5) and 

15, as amended by Title VII of the DoddFrank Wall Street Reform and Consumer 

Protection Act, Pub. L. 111–203, 124 Stat. 

1376 (June 16, 2010); 5 U.S.C. 552 and 

552(b), unless otherwise noted. 

§ 180.1 Prohibition against manipulation. 

(a) It shall be unlawful for any person, 

directly or indirectly, in connection 

with any swap, or contract of sale of any 

commodity in interstate commerce, or 

contract for future delivery on or subject 

to the rules of any registered entity, to 

intentionally or recklessly: 

(1) Use or employ, or attempt to use 

or employ, any manipulative device, 

scheme, or artifice to defraud; 

(2) Make, or attempt to make, any 

untrue or misleading statement of a 

material fact or to omit to state a 

material fact necessary in order to make 

the statements made not untrue or 

misleading; 

(3) Engage, or attempt to engage, in 

any act, practice, or course of business, 

which operates or would operate as a 

fraud or deceit upon any person; or, 

(4) Deliver or cause to be delivered, or 

attempt to deliver or cause to be 

delivered, for transmission through the 

mails or interstate commerce, by any 

means of communication whatsoever, a 

false or misleading or inaccurate report 

concerning crop or market information 

or conditions that affect or tend to affect 

the price of any commodity in interstate 

commerce, knowing, or acting in 

reckless disregard of the fact that such 

report is false, misleading or inaccurate. 

Notwithstanding the foregoing, no 

violation of this section shall exist 

where the person mistakenly transmits, 

in good faith, false or misleading 

information to a price reporting service. 

(b) Nothing in this section shall be 

construed to require any person to 

disclose to another person nonpublic 

information that may be material to the 

market price, rate, or level of the 

commodity transaction, except as 

necessary to make any statement made 

to the other person in or in connection 

with the transaction not misleading in 

any material respect. 

(c) Nothing in this section shall affect, 

or be construed to affect, the 

applicability of Commodity Exchange 

Act section 9(a)(2). 

§ 180.2 Other manipulation. 

It shall be unlawful for any person, 

directly or indirectly, to manipulate or 

attempt to manipulate the price of any 

swap, or of any commodity in interstate 

commerce, or for future delivery on or 

subject to the rules of any registered 

entity. 

Issued in Washington, DC, on October 26, 

2010 by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

Statement of Chairman Gary Gensler 

Prohibition of Market Manipulation 

October 26, 2010 

I support the proposed rulemaking to 

enhance the Commission’s ability to 

protect against manipulation. Today’s 

rule builds upon important new 

authorities that Congress granted the 

Commission to protect market 

participants in the commodities, futures 

and swaps markets. Together with the 

authority granted by Congress to 

prohibit disruptive trading, this 

proposed rule gives the Commission the 

broad new ability to effectively combat 

fraud and manipulation. The proposed 

rulemaking promotes fair and efficient 

markets, for the first time allowing the 

Commission to protect against fraudbased manipulation. I thank Senator 

Cantwell for her leadership in bringing 

this important new authority to the 

Commission. 

[FR Doc. 2010–27541 Filed 11–2–10; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

RIN 1205–AB61 

Wage Methodology for the Temporary 

Non-Agricultural Employment H–2B 

Program; Extension of the Comment 

Period 

AGENCIES: Employment and Training 

Administration. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: On October 5, 2010, the 

Employment and Training 

Administration (ETA) issued a Notice of 

Proposed Rulemaking (NPRM) to amend 

its regulations governing the 

certification of the employment of 

nonimmigrant workers in temporary or 

seasonal non-agricultural employment 

and the enforcement of the obligations 

applicable to employers of such 

nonimmigrant workers. The proposed 

rule provided a comment period for the 

regulatory text through November 4, 

2010. The agency has received several 

requests to extend the comment period 

and has decided to extend the comment 

period for an additional 8 days, to 

November 12, 2010. 

DATES: The comment period for the 

notice of proposed rulemaking 

published October 5, 2010, 75 FR 61578 

is extended through November 12, 2010. 

Interested persons are invited to submit 

written comments on the proposed rule 

on or before November 12, 2010. 

ADDRESSES: You may submit comments, 

identified by Regulatory Information 

Number (RIN) 1205–AB61, by any one 

of the following methods: 

• Federal e-Rulemaking Portal: 

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

Web site instructions for submitting 

comments. 

• Mail: Please submit all written 

comments (including disk and CD–ROM 

submissions) to Thomas Dowd, 

Administrator, Office of Policy 

Development and Research, 

Employment and Training 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Room N–5641, Washington, DC 20210. 

• Hand Delivery/Courier: Please 

submit all comments to Thomas Dowd, 

Administrator, Office of Policy 

Development and Research, 

Employment and Training 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Room N–5641, Washington, DC 20210. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Proposed Rules 67663 

Please submit your comments by only 

one method. The Department of Labor 

(Department) will post all comments 

received on http://www.regulations.gov 

without making any change to the 

comments, including any personal 

information provided. The http:// 

www.regulations.gov Web site is the 

Federal e-rulemaking portal and all 

comments posted there are available 

and accessible to the public. The 

Department cautions commenters not to 

include their personal information such 

as Social Security Numbers, personal 

addresses, telephone numbers, and email addresses in their comments as 

such submitted information will become 

viewable by the public via the http:// 

www.regulations.gov Web site. It is the 

responsibility of the commenter to 

safeguard his or her information. 

Comments submitted through http:// 

www.regulations.gov will not include 

the commenter’s e-mail address unless 

the commenter chooses to include that 

information as part of his or her 

comment. 

Postal delivery in Washington, DC, 

may be delayed due to security 

concerns. Therefore, the Department 

encourages the public to submit 

comments via the Web site indicated 

above. 

Docket: For access to the docket to 

read background documents or 

comments received, go the Federal 

eRulemaking portal at http:// 

www.regulations.gov. The Department 

will also make all the comments it 

receives available for public inspection 

during normal business hours at the 

ETA Office of Policy Development and 

Research at the above address. If you 

need assistance to review the comments, 

the Department will provide you with 

appropriate aids such as readers or print 

magnifiers. The Department will make 

copies of the rule available, upon 

request, in large print and as electronic 

file on computer disk. The Department 

will consider providing the proposed 

rule in other formats upon request. To 

schedule an appointment to review the 

comments and/or obtain the rule in an 

alternate format, contact the Office of 

Policy Development and Research at 

(202) 693–3700 (VOICE) (this is not a 

toll-free number) or 1–877–889–5627 

(TTY/TDD). 

FOR FURTHER INFORMATION CONTACT: For 

further information contact William L. 

Carlson, PhD, Administrator, Office of 

Foreign Labor Certification, 

Employment and Training 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Room N–5641, Washington, DC 20210; 

Telephone (202) 693–3010 (this is not a 

toll-free number). Individuals with 

hearing or speech impairments may 

access the telephone number above via 

TTY by calling the toll-free Federal 

Information Relay Service at 1–800– 

877–8339. 

SUPPLEMENTARY INFORMATION: On 

October 5, 2010 the Employment and 

Training Administration issued an 

NPRM to amend its regulations 

governing the certification of the 

employment of nonimmigrant workers 

in temporary or seasonal nonagricultural employment and the 

enforcement of the obligations 

applicable to employers of such 

nonimmigrant workers. 75 FR 61578, 

Oct. 5, 2010. The NPRM provided a 

comment period for the regulatory text 

through November 4, 2010. The agency 

has received several requests to extend 

the comment period and have decided 

to extend the comment period for an 

additional 8 days, to November 12, 

2010. Given the complexity of the 

NPRM and the level of interest, as well 

as the Department’s interest in receiving 

comments, the comment period is being 

extended until November 12, 2010. 

Signed in Washington, DC, this 27th day of 

October 2010. 

Jane Oates, 

Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. 2010–27602 Filed 11–2–10; 8:45 am] 

BILLING CODE 4510–FP–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 4 

[Docket No. TTB–2010–0007; Notice No. 

110] 

RIN 1513–AB58 

Labeling Imported Wines With 

Multistate Appellations (2008R–265P) 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau proposes to amend 

the wine labeling regulations to allow 

the labeling of imported wines with 

multistate appellations of origin. This 

amendment would provide treatment 

for imported wines similar to that 

currently available to domestic wines 

bearing multistate appellations. It would 

also provide consumers with additional 

information regarding the origin of these 

wines. 

DATES: We must receive written 

comments on or before January 3, 2011. 

ADDRESSES: You may send comments on 

this notice to one of the following 

addresses: 

• http://www.regulations.gov (via the 

online comment form for this notice as 

posted within Docket No. TTB–2010– 

0007 at ‘‘Regulations.gov,’’ the Federal erulemaking portal); 

• Director, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, P.O. Box 14412, 

Washington, DC 20044–4412; or 

• Hand delivery/courier in lieu of 

mail: Alcohol and Tobacco Tax and 

Trade Bureau, 1310 G Street, NW., Suite 

200–E, Washington, DC 20005. 

See the Public Participation section of 

this notice for specific instructions and 

requirements for submitting comments, 

and for information on how to request 

a public hearing. 

You may view copies of this notice, 

selected supporting materials, and any 

comments we receive about this 

proposal within Docket No. TTB–2010– 

0007 at http://www.regulations.gov. A 

direct link to this docket is posted on 

the TTB Web site at http://www.ttb.gov/ 

wine/wine-rulemaking.shtml under 

Notice No. 110. You also may view 

copies of this notice, all supporting 

materials, and any comments we receive 

about this proposal by appointment at 

the TTB Information Resource Center, 

1310 G Street, NW., Washington, DC 

20220. Please call 202–453–2270 to 

make an appointment. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Berry, Alcohol and Tobacco 

Tax and Trade Bureau, Regulations and 

Rulings Division, P.O. Box 18152, 

Roanoke, VA, 24014; telephone 540– 

344–9333. 

SUPPLEMENTARY INFORMATION: 

Background on Wine Labeling 

TTB Authority 

Section 105(e) of the Federal Alcohol 

Administration Act (FAA Act), 27 

U.S.C. 205(e), authorizes the Secretary 

of the Treasury to prescribe regulations 

for the labeling of wine, distilled spirits, 

and malt beverages. The FAA Act 

requires that these regulations, among 

other things, prohibit consumer 

deception and the use of misleading 

statements on labels, and ensure that 

labels provide the consumer with 

adequate information as to the identity 

and quality of the product. The Alcohol 

and Tobacco Tax and Trade Bureau 

(TTB) administers the regulations 

promulgated under the FAA Act. 


srobinson on DSKHWCL6B1PROD with PROPOSALS