Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules 27463 

§ 7.3 Interpretation and advisory service. 

(a) A Commissioner or employee 

seeking advice and guidance on matters 

covered by this part or 5 CFR parts 735, 

2634, 2635, 2640, or 4701 may consult 

with the Designated Agency Ethics 

Official. The Designated Agency Ethics 

Official should be consulted before 

undertaking any action that might 

violate this part or 5 CFR parts 735, 

2634, 2635, 2640, or 4701 governing the 

conduct of Commissioners or 

employees. 

(b) The Designated Agency Ethics 

Official, a Commissioner, or an 

employee may request an opinion from 

the Director of the Office of Government 

Ethics regarding an interpretation of 5 

CFR parts 2634, 2635, or 2640. 

§ 7.4 Reporting suspected violations. 

Commissioners and employees shall 

disclose immediately any suspected 

violation of a statute or of a rule set 

forth in this part or of a rule set forth 

in 5 CFR parts 735, 2634, 2635, 2640, or 

4701 to the Designated Agency Ethics 

Official, the Office of Inspector General, 

or other appropriate law enforcement 

authorities. 

§ 7.5 Corrective action. 

A violation of this part or 5 CFR parts 

735, 2634, 2635, 2640, or 4701 by an 

employee may be cause for appropriate 

corrective, disciplinary, or adverse 

action in addition to any penalty 

prescribed by law. 

§ 7.6 Outside employment and activities 

by Commissioners. 

No member of the Commission may 

devote a substantial portion of his or her 

time to any other business, vocation, or 

employment. Any individual who is 

engaging substantially in any other 

business, vocation, or employment at 

the time such individual begins to serve 

as a member of the Commission will 

appropriately limit such activity no later 

than 90 days after beginning to serve as 

such a member. 

§ 7.7 Prohibition against making 

complaints and investigations public. 

(a) Commission employees are 

warned that they are subject to criminal 

penalties if they discuss or otherwise 

make public any matters pertaining to a 

complaint or investigation under 2 

U.S.C. 437g, without the written 

permission of the person complained 

against or being investigated. Such 

communications are prohibited by 2 

U.S.C. 437g(a)(12)(A). 

(b) Section 437g(a)(12)(B) of title 2 of 

the United States Code provides as 

follows: ‘‘Any member or employee of 

the Commission, or any other person, 

who violates the provisions of [2 U.S.C. 

437g(a)(12)(A)] shall be fined not more 

than $2,000. Any such member, 

employee, or other person who 

knowingly and willfully violates the 

provisions of [2 U.S.C. 437g(a)(12)(A)] 

shall be fined not more than $5,000.’’ 

§ 7.8 Ex parte communications in 

enforcement actions. 

In order to avoid the possibility of 

prejudice, real or apparent, to the public 

interest in enforcement actions pending 

before the Commission pursuant to 2 

U.S.C. 437g: 

(a) Except to the extent required for 

the disposition of enforcement matters 

as required by law (as, for example, 

during the normal course of an 

investigation or a conciliation effort), no 

Commissioner or member of any 

Commissioner’s staff shall make or 

entertain any ex parte communications. 

(b) The prohibition of this section 

shall apply from the time a proper 

complaint is filed with the Commission 

pursuant to 2 U.S.C. 437g(a)(1) or from 

the time that the Commission 

determines on the basis of information 

ascertained in the normal course of its 

supervisory responsibilities that it has 

reason to believe that a violation has 

occurred or may occur pursuant to 2 

U.S.C. 437g(a)(2), and shall remain in 

force until the Commission has 

concluded all action with respect to the 

enforcement matter in question. 

(c) Any written communication 

prohibited by paragraph (a) of this 

section shall be delivered to the General 

Counsel, who shall place the 

communication in the case file. 

(d) A Commissioner or member of any 

Commissioner’s staff involved in 

handling enforcement actions who 

receives an offer to make an oral 

communication or any communication 

concerning any enforcement action 

pending before the Commission as 

described in paragraph (a) of this 

section, shall decline to listen to such 

communication. If unsuccessful in 

preventing the communication, the 

Commissioner or employee shall advise 

the person making the communication 

that he or she will not consider the 

communication and shall prepare a 

statement setting forth the substance 

and circumstances of the 

communication. Within 48 hours of 

receipt of the communication, the 

Commissioner or any member of any 

Commissioner’s staff shall prepare a 

statement setting forth the substance 

and circumstances of the 

communication and shall deliver the 

statement to the General Counsel for 

placing in the file in the manner set 

forth in paragraph (c) of this section. 

(e) Additional rules governing ex 

parte communications made in 

connection with Commission 

enforcement actions are found at 11 CFR 

111.22. Rules governing ex parte 

communications made in connection 

with public funding, Commission 

audits, litigation, rulemakings, and 

advisory opinions are found at 11 CFR 

part 201. 

Dated: May 11, 2010. 

On behalf of the Commission. 

Matthew S. Petersen, 

Chairman, Federal Election Commission. 

Approved: May 7, 2010. 

Robert I. Cusick, 

Director, Office of Government Ethics. 

[FR Doc. 2010–11599 Filed 5–14–10; 8:45 am] 

BILLING CODE 6715–01–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

RIN 3150–AI75 

[NRC–2009–0538] 

List of Approved Spent Fuel Storage 

Casks: NUHOMS® HD System Revision 

1; Correction 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule; correction. 

SUMMARY: This document corrects a 

notice appearing in the Federal Register 

on May 7, 2010 (75 FR 25120), that 

proposes to amend the regulations that 

govern storage of spent nuclear fuel. 

Specifically, this proposed amendment 

would be to the list of approved spent 

fuel storage casks to add revision 1 to 

the NUHOMS HD spent fuel storage 

cask system. This action is necessary to 

correctly specify the date by which 

comments must be received, because the 

notice of direct final rulemaking (75 FR 

24786; May 6, 2010), and the 

companion notice of proposed 

rulemaking were published in the 

Federal Register on different dates 

instead of being published concurrently 

on the same date, as erroneously stated 

in the notices. 

FOR FURTHER INFORMATION CONTACT: 

Jayne M. McCausland, Office of Federal 

and State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

6219, e-mail 

Jayne.McCausland@nrc.gov. 

SUPPLEMENTARY INFORMATION: On page 

25120, in the third column, the fifth full 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

27464 Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules 

paragraph is corrected to read as 

follows: For additional information, see 

the Direct Final Rule published in the 

Rules and Regulations section of the 

Federal Register on May 6, 2010 (75 FR 

24786). Also, on page 25121, in the first 

column, the eighth full paragraph is 

corrected to read as follows: For 

additional procedural information and 

the regulatory analysis, see the direct 

final rule published in the Rules and 

Regulations section of the Federal 

Register on May 6, 2010 (75 FR 24786). 

Dated at Rockville, Maryland, this 10th day 

of May 2010. 

For the Nuclear Regulatory Commission. 

Helen Chang, 

Acting Chief, Rules, Announcements and 

Directives Branch Division of Administrative 

Services, Office of Administration. 

[FR Doc. 2010–11562 Filed 5–14–10; 8:45 am] 

BILLING CODE 7590–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Part 360 

RIN 3064–AD59 

Special Reporting, Analysis and 

Contingent Resolution Plans at Certain 

Large Insured Depository Institutions 

AGENCY: Federal Deposit Insurance 

Corporation (‘‘FDIC’’). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The FDIC is seeking comment 

on a proposed rule that would require 

certain identified insured depository 

institutions (‘‘IDIs’’) that are subsidiaries 

of large and complex financial parent 

companies to submit to the FDIC 

analysis, information, and contingent 

resolution plans that address and 

demonstrate the IDI’s ability to be 

separated from its parent structure, and 

to be wound down or resolved in an 

orderly fashion. The IDI’s plan would 

include a gap analysis that would 

identify impediments to the orderly 

stand-alone resolution of the IDI, and 

identify reasonable steps that are or will 

be taken to eliminate or mitigate such 

impediments. The contingent resolution 

plan, gap analysis, and mitigation efforts 

are intended to enable the FDIC to 

develop a reasonable strategy, plan or 

options for the orderly resolution of the 

institution. The proposal would apply 

only to IDIs with greater than $10 

billion in total assets that are owned or 

controlled by parent companies with 

more than $100 billion in total assets. 

DATES: Comments must be submitted on 

or before July 16, 2010. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Agency Web Site: http:// 

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

Follow instructions for submitting 

comments on the Agency Web Site. 

• E-mail: Comments@FDIC.gov. 

Include ‘‘Special Reporting, Analysis 

and Contingent Resolution Plans at 

Certain Large Insured Depository 

Institutions’’ 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: Guard 

station at the rear of the 550 17th Street 

Building (located on F Street) on 

business days between 7 a.m. and 5 p.m. 

(EST). 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Public Inspection: All comments 

received will be posted without change 

to http://www.fdic.gov/regulations/laws/ 

federal including any personal 

information provided. Comments may 

be inspected and photocopied in the 

FDIC Public Information Center, 3501 

North Fairfax Drive, Room E–1002, 

Arlington, VA 22226, between 9 a.m. 

and 5 p.m. (EST) on business days. 

Paper copies of public comments may 

be ordered from the Public Information 

Center by telephone at (877) 275–3342 

or (703) 562–2200. 

FOR FURTHER INFORMATION CONTACT: 

Keith Ligon, Chief, Exam Support 

Section, Division of Supervision and 

Consumer Protection, (202) 898–3686, 

or James Marino, Project Manager, 

Division of Resolutions and 

Receiverships, (202) 898–7151, or Shane 

Kiernan, Senior Attorney, Legal 

Division, (703) 562–2632, or Mark 

Flanigan, Counsel, Legal Division, (202) 

898–7426, or John Dorsey, Counsel, 

Legal Division, (202) 898–3807, or 

Richard A. Bogue, Counsel, Legal 

Division, (202) 898–3726, or Carl J. 

Gold, Counsel, Legal Division, (202) 

898–8702. 

SUPPLEMENTARY INFORMATION: 

I. Special Reporting, Analysis and 

Contingent Resolution Plans at Certain 

Large Insured Depository Institutions 

(A) Authority for Proposed Regulation 

The FDIC is charged by Congress with 

the critical responsibility of insuring the 

deposits of banks and thrifts in the 

United States, and with serving as 

receiver of all such institutions if they 

should fail. As of December 31, 2009, 

the FDIC insured approximately $4.75 

trillion in deposits in more than 8,000 

depository institutions. In implementing 

the deposit insurance program, and in 

efficiently and effectively resolving 

failed depository institutions, the FDIC 

strengthens the stability of the banking 

system and helps maintain public 

confidence in the banking industry in 

the United States. In its efforts to 

achieve this objective and to implement 

its insurance and resolution functions, 

the FDIC requires a comprehensive 

understanding of the organization, 

operation and business practices of 

banks and thrifts in the United States, 

with particular attention to the nation’s 

largest and most complex insured 

depository institutions that account for 

nearly half of the FDIC’s insurance risk. 

To carry out these core 

responsibilities, the proposed regulation 

requires a limited number of the largest 

insured depository institutions to 

provide the FDIC with essential 

information concerning their structure, 

operations, business practices and 

financial responsibilities and exposures. 

The proposed regulation requires these 

institutions to develop and submit 

detailed plans demonstrating how such 

depository institutions could be 

separated from their affiliate structure 

and wound down in an orderly and 

timely manner in the event of 

receivership. The proposed regulation 

would also make a critically important 

contribution to the FDIC’s 

implementation of its statutory 

receivership responsibilities by 

providing the FDIC as receiver with the 

information it needs to make orderly 

and cost effective resolutions much 

more feasible. 

The Federal Deposit Insurance Act 

gives the FDIC broad authority to carry 

out its statutory responsibilities, and to 

obtain the information required by the 

proposed regulation. The authority to 

issue the proposed regulation is 

provided by Section 9(a) Tenth of the 

FDI Act, 12 U.S.C. section 1819(a) 

Tenth, authorizing the FDIC to 

prescribe, by its Board of Directors, such 

rules and regulations as it may deem 

necessary to carry out the provisions of 

the FDI Act or of any other law that the 

FDIC is responsible for administering or 

enforcing. The FDIC also has authority 

to adopt regulations governing the 

operations of its receiverships pursuant 

to Section 11(d)(1) of the FDI Act. 12 

U.S.C. section 1821(d)(1). Collection of 

the information required by the 

regulation is also supported by the 

FDIC’s broad authority to conduct 

examinations of depository institutions 

to determine the condition of the IDI, 

including special examinations, 12 

U.S.C. section 1820(b)(3). 

mstockstill on DSKH9S0YB1PROD with PROPOSALS