Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Rules and Regulations 76391

that model as well under the provisions 

of § 21.101. 

Conclusion 

This action affects only certain novel 

or unusual design features on Raytheon 

Aircraft Company Model MU–300 and 

MU–300–10 airplanes and Model 400 

airplanes modified by Beechjet TECH. It 

is not a rule of general applicability and 

affects only the applicant who applied 

to the FAA for approval of these features 

on the airplane. 

The substance of these special 

conditions has been subjected to the 

notice and comment procedure in 

several prior instances and has been 

derived without substantive change 

from those previously issued. Because a 

delay would significantly affect the 

certification of the airplane, which is 

imminent, the FAA has determined that 

prior public notice and comment are 

unnecessary and impracticable, and 

good cause exists for adopting these 

special conditions upon issuance. The 

FAA is requesting comments to allow 

interested persons to submit views that 

may not have been submitted in 

response to the prior opportunities for 

comment described above.

List of Subjects in 14 CFR Part 25

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements.

■ The authority citation for these special 

conditions is as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

The Special Conditions

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the following special conditions are 

issued as part of the supplemental type 

certification basis for the Raytheon 

Aircraft Company Model MU–300 and 

MU–300–10 airplanes and Model 400 

airplanes modified by Beechjet TECH. 

1. Protection from Unwanted Effects 

of High-Intensity Radiated Fields 

(HIRF). Each electrical and electronic 

system that performs critical functions 

must be designed and installed to 

ensure that the operation and 

operational capability of these systems 

to perform critical functions are not 

adversely affected when the airplane is 

exposed to high-intensity radiated 

fields. 

2. For the purpose of these special 

conditions, the following definition 

applies: Critical Functions: Functions 

whose failure would contribute to or 

cause a failure condition that would 

prevent the continued safe flight and 

landing of the airplane.

Issued in Renton, Washington, on 

December 6, 2004. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–27824 Filed 12–20–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–18897; Airspace 

Docket No. 04–AAL–12] 

Revision of Class E Airspace; 

Kotzebue, AK

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action revises Class E 

airspace at Kotzebue, AK to provide 

adequate controlled airspace to contain 

aircraft executing two new Standard 

Instrument Approach Procedures 

(SIAP). This Rule results in additional 

Class E surface area airspace at 

Kotzebue, AK.

EFFECTIVE DATE: 0901 UTC, March 17, 

2005.

FOR FURTHER INFORMATION CONTACT:

Jesse Patterson, AAL–538G, Federal 

Aviation Administration, 222 West 7th 

Avenue, Box 14, Anchorage, AK 99513–

7587; telephone number (907) 271–

5898; fax: (907) 271–2850; e-mail: 

Jesse.ctr.Patterson@faa.gov. Internet 

address: http://www.alaska.faa.gov/at.

SUPPLEMENTARY INFORMATION: 

History 

On Friday, September 10, 2004, the 

FAA proposed to revise part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) to create additional Class E 

surface area airspace at Kotzebue, AK 

(69 FR 54758). The action was proposed 

in order to add Class E airspace 

sufficient in size to contain aircraft 

while executing two new Standard 

Instrument Approach Procedures for the 

Kotzebue Airport. The new approaches 

are (1) Area Navigation-Global 

Positioning System (RNAV GPS) 

Runway (RWY) 26, original, (2) RNAV 

(GPS) Y RWY 8, original. Interested 

parties were invited to participate in 

this rulemaking proceeding by 

submitting written comments on the 

proposal to the FAA. No public 

comments have been received, thus, the 

rule is adopted as proposed. 

The area will be depicted on 

aeronautical charts for pilot reference. 

The coordinates for this airspace docket 

are based on North American Datum 83. 

The Class E airspace areas designated as 

surface areas are published in paragraph 

6002 of FAA Order 7400.9M, Airspace 

Designations and Reporting Points, 

dated August 30, 2004, and effective 

September 16, 2004, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be revised 

subsequently in the Order. 

The Rule 

This revision to 14 CFR part 71 

revises Class E airspace at Kotzebue, 

Alaska. This additional Class E airspace 

was created to accommodate aircraft 

executing two new SIAPs and will be 

depicted on aeronautical charts for pilot 

reference. The intended effect of this 

rule is to provide adequate controlled 

airspace for IFR operations at Kotzebue 

Airport, Kotzebue, Alaska. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore’(1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule will not have 

a significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in title 

49 of the United States Code. Subtitle 1, 

section 106 describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart 1, section 40103, 

Sovereignty and use of airspace. Under 

that section, the FAA is charged with 

prescribing regulations to ensure the 

safe and efficient use of the navigable 

airspace. This regulation is within the 

scope of that authority because it revises 

Class E surface area sufficient in size to 

contain aircraft executing two new 

Standard Instrument Approach 

Procedures for the Kotzebue Airport and 

represents the FAA’s continuing effort 

to safely and efficiently use the 

navigable airspace.

76392 Federal Register / Vol. 69, No. 244 / Tuesday, December 21, 2004 / Rules and Regulations 

1Section 4i of the Act requires the filing of such 

reports as the Commission may require when 

transactions or positions made or obtained on 

contract markets or derivatives transaction 

execution facilities equal or exceed Commission set 

levels. Section 4g of the Act requires each 

registrant, whether an FCM, introducing broker, 

floor broker, or floor trader, to file such reports as 

the Commission may require on proprietary and 

customer transactions or positions executed on any 

board of trade in the United States or elsewhere.

2 Information collected through the large trader 

reporting system is also important to the 

Commission’s financial surveillance efforts in 

furtherance of its responsibility to oversee the 

financial, as well as the economic, integrity of the 

markets. For example, the Division of Clearing and 

Intermediary Oversight uses various automated 

tools to combine position information with 

financial information routinely collected from 

FCMs to assess and analyze financial risks 

presented by large customer positions to both the 

firms carrying those positions and the respective 

clearing organizations.

3 69 FR 26333 (May 12, 2004).

4Specifically, parts 17 and 18 of the 

Commission’s regulations require reports from firms 

and traders, respectively, when a trader holds a 

‘‘reportable position.’’ See 17 CFR parts 17 and 18. 

A reportable position is any open contract position, 

as further defined in the rules, that at the close of 

the market on any business day equals or exceeds 

the quantity specified in Rule 15.03. See 17 CFR 

15.00. The firms that carry accounts for traders 

holding reportable positions are required to identify 

those accounts on Form 102 and to report positions 

in the accounts to the Commission. The individual 

trader who holds or controls a reportable position, 

however, is required to report position and 

identifying information to the Commission only in 

response to a special call.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, 

Navigation (air).

Adoption of the Amendment

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

■ 2. The incorporation by reference in 14 

CFR 71.1 of Federal Aviation 

Administration Order 7400.9M, 

Airspace Designations and Reporting 

Points, dated August 30, 2004, and 

effective September 16, 2004, is 

amended as follows:

* * * * *

Paragraph 6002 Class E airspace designated 

as surface area.

* * * * *

AAL AK E2 Kotzebue, AK—[Revised] 

Kotzebue, Ralph Wien Memorial Airport, AK 

(Lat. 66°53′05′′ N., long. 162°35′55′′ W.) 

Kotzebue VOR/DME 

(Lat. 66°53′08′′ N, long. 162°32′24′′ W) 

Hotham NDB 

(Lat. 66°54′05′′ N, long. 162°33′52′′ W)

Within a 4.8-mile radius of the Ralph Wien 

Memorial Airport and within 2.6 miles each 

side of the 039° bearing from Hotham NDB 

extending from the 4.8 mile radius to 8.9 

miles northeast of the airport and within 2.4 

miles each side of the 091° radial from the 

Kotzebue VOR/DME extending from the 4.8-

mile radius to 11.5 miles east of the airport 

and within 2.4 miles each side of the 278°

radial from the KotzebueVOR/DME 

extending from the 4.8-mile radius to 10.2 

miles west of the airport. This Class E 

airspace is effective during the specific dates 

and times established in advance by a Notice 

to Airman. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory.

* * * * *

Issued in Anchorage, AK, on December 10, 

2004. 

Anthony M. Wylie, 

Acting Area Director, Alaska Flight Services 

Area Office.

[FR Doc. 04–27826 Filed 12–20–04; 8:45 am] 

BILLING CODE 4910–13–P

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 15, 16, 17, 18, 19 and 21

RIN 3038–AC08

Reporting Levels and Recordkeeping

AGENCY: Commodity Futures Trading 

Commission.

ACTION: Final rules.

SUMMARY: The Commodity Futures 

Trading Commission (Commission or 

CFTC) has adopted several amendments 

to its contract market and large trader 

reporting rules (reporting rules). First, 

with regard to contract reporting levels, 

the Commission has raised existing 

levels for certain commodities, 

established a new default contract 

reporting level for broad-based 

securities indexes, and introduced 

additional reporting levels to address 

recent market developments. Second, 

the Commission has adopted rules to 

specify the manner in which a set of 

new transactions, such as exchanges of 

futures for swaps, are reported to the 

Commission. Third, the Commission 

has updated its reporting rules to 

acknowledge current data transmission 

practices, to foster innovative means of 

filing forms identifying the owners of 

accounts with reportable positions, and 

to eliminate the use of Form 103 for the 

submission of special call data. Finally, 

the Commission has adopted a number 

of clarifying and technical amendments.

DATES: Effective January 20, 2005.

FOR FURTHER INFORMATION CONTACT: Gary 

Martinaitis, Associate Deputy Director 

for Market Information, Market 

Surveillance Section (telephone 202–

418–5209, e-mail gmartinaitis@cftc.gov), 

or Bruce Fekrat, Attorney, Office of the 

Director (telephone 202–418–5578, email bfekrat@cftc.gov), Division of 

Market Oversight, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street, NW., 

Washington, DC 20581.

SUPPLEMENTARY INFORMATION: 

I. Large Trader Reporting Rules 

A. Background 

The Commission’s reporting rules 

provide an important tool for market 

oversight and other surveillance 

activities. The rules governing this 

system, among other things, require 

futures commission merchants (FCMs), 

clearing members and foreign brokers 

(collectively reporting firms) to report 

position and identifying information of 

the largest futures and option traders, 

and require traders themselves to 

provide certain position and identifying 

information to the Commission. 

Reporting levels are set for futures and 

option contracts under the authority of 

sections 4c and 4i of the Commodity 

Exchange Act (CEA or Act) to ensure 

that the Commission receives adequate 

information to carry out its market 

surveillance programs.1 These market 

surveillance programs are designed to 

detect and prevent price manipulation 

and market congestion on designated 

contract markets (DCMs), and to enforce 

speculative position limits pursuant to 

section 4a of the Act. The Commission’s 

market surveillance programs also 

provide information on the overall 

hedging and speculative use of, and 

foreign participation in, the futures and 

option markets and other matters of 

public interest.2 On May 12, 2004, the 

Commission published a notice of 

rulemaking for public comment 

proposing to amend its reporting rules.3

With several minor exceptions, the 

Commission herein is adopting the 

amendments as proposed.

B. Raising Contract Reporting Levels for 

Certain Commodities 

1. Amended Reporting Levels 

Generally, the firm carrying a trader’s 

reportable position files large trader 

reports.4 The Commission has 

traditionally calibrated contract