### 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) and15, 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 theCommission 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.


### 67663 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Proposed Rules

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, personaladdresses, 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 workersin 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.