This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

77669 

Vol. 76, No. 240 

Wednesday, December 14, 2011 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0625; Airspace 

Docket No. 11–AEA–16] 

Amendment of Class D and E 

Airspace; North Philadelphia, PA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class D 

and Class E airspace at Northeast 

Philadelphia Airport, North 

Philadelphia, PA, due to the closing of 

Willow Grove Naval Air Station and 

Warminster Naval Air Warfare Center 

(NAWC). This action also corrects a 

typographic error in the regulatory text 

for the Class E airspace radius and 

ceiling level, and adjusts the geographic 

coordinates of the airport. This action 

enhances the safety and airspace 

management of Instrument Flight Rules 

(IFR) operations in the North 

Philadelphia, PA, airspace area. 

DATES: Effective date: 0901 UTC, 

February 9, 2012. The Director of the 

Federal Register approves this 

incorporation by reference action under 

title 1, Code of Federal Regulations, part 

51, subject to the annual revision of 

FAA Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Airspace Specialist, Operations 

Support Group, Eastern Service Center, 

Air Traffic Organization, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–6364. 

SUPPLEMENTARY INFORMATION: 

History 

On August 10, 2011, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to amend Class D and Class E airspace 

at Northeast Philadelphia Airport, North 

Philadelphia, PA. (76 FR 49383). 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Subsequent to 

publication, the FAA found a 

typographic error in the regulatory text 

for the radius of the controlled airspace 

listed for Class E surface airspace, and 

makes the correction from a 5-mile 

radius to a 5.6-mile radius of the airport, 

and also removes reference to the 

ceiling level that was cited in error. 

Also, the geographic coordinates of the 

airport are adjusted. 

Class D and E airspace designations 

are published in paragraphs 5000 and 

6002, respectively, of FAA Order 

7400.9V dated August 9, 2011, and 

effective September 15, 2011, which is 

incorporated by reference in 14 CFR 

71.1. The Class D and Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

The Rule 

This action amends Title 14, Code of 

Federal Regulations (14 CFR) part 71 to 

amend Class D airspace and Class E 

surface airspace at Northeast 

Philadelphia Airport, North 

Philadelphia, PA. The Class D and Class 

E surface airspace is reconfigured due to 

the closing of the Willow Grove Naval 

Air Station and Warminster NAWC. The 

boundary radius of the controlled 

airspace listed in the regulatory text for 

Class E airspace is corrected from a 

5-mile radius to a 5.6-mile radius of the 

airport and reference to the ceiling level 

listed for Class E airspace is removed. 

Also, the geographic coordinates of the 

airport are adjusted to be in concert 

with the FAAs aeronautical database. 

This action enhances the safety and 

management of IFR operations at the 

airport. 

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 is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, would 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 I, 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 I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of airspace necessary to 

ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it amends Class D and E airspace at 

Northeast Philadelphia Airport, North 

Philadelphia, PA. 

Lists 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, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 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 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, and effective 

September 15, 2011, is amended as 

follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

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77670 Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Rules and Regulations 

1 5 U.S.C. 552. 

2 17 CFR 145.9. 

3See Dodd-Frank Wall Street Reform and 

Consumer Protection Act of 2010, Public Law 111– 

203, 124 Stat. 1376 (2010). The text of the DoddFrank Act may be accessed at http://www.cftc.gov/ 

LawRegulation/OTCDERIVATIVES/index.htm. 

4Pursuant to section 701 of the Dodd-Frank Act, 

Title VII may be cited as the ‘‘Wall Street 

Transparency and Accountability Act of 2010.’’ 

5 7 U.S.C. 1 et seq. 

AEA PA D North Philadelphia, PA 

[Amended] 

Northeast Philadelphia Airport, Philadelphia, 

PA 

(Lat. 40°04′55′′ N., long. 75°00′38′′ W.) 

That airspace extending upward from the 

surface to and including 2,600 feet MSL 

within a 5.6-mile radius of the Northeast 

Philadelphia Airport. This Class D airspace 

area is effective during the specific dates and 

times established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Paragraph 6002 Class E airspace designated 

as surface areas. 

* * * * * 

AEA PA E2 North Philadelphia, PA 

[Amended] 

Northeast Philadelphia Airport, Philadelphia, 

PA 

(Lat. 40°04′55′′ N., long. 75°00′38′′ W.) 

That airspace extending upward from the 

surface within a 5.6-mile radius of the 

Northeast Philadelphia Airport. This Class E 

airspace area is effective during the specific 

dates and times established in advance by a 

Notice to Airmen. The effective date and time 

will thereafter be continuously published in 

the Airport/Facility Directory. 

Issued in College Park, Georgia, on 

November 29, 2011. 

Mark D. Ward, 

Manager, Operation Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2011–31854 Filed 12–13–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket No. 070726412–1300–02] 

RIN 0648–AV88 

Research Area Within Gray’s Reef 

National Marine Sanctuary; Notice of 

Effective Date 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Oceanic 

and Atmospheric Administration 

(NOAA), Department of Commerce 

(DOC). 

ACTION: Notice of effective date. 

SUMMARY: NOAA published a final rule 

for the establishment of a research area 

within the Gray’s Reef National Marine 

Sanctuary on October 14, 2011 (76 FR 

63824). Pursuant to Section 304(b) of 

the National Marine Sanctuaries Act (16 

U.S.C. 1434(b)) the final regulations take 

effect after 45 days of continuous 

session of Congress beginning on 

October 14, 2011. Through this notice, 

NOAA is announcing the regulations 

became effective on December 4, 2011. 

DATES: Effective Date: The regulations 

published on October 14, 2011 (76 FR 

63824) are effective on December 4, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Resource Protection Coordinator Becky 

Shortland at (912) 598–2381. 

Dated: December 5, 2011. 

Holly A. Bamford, 

Deputy Assistant Administrator for Ocean 

Services and Coastal Zone Management. 

[FR Doc. 2011–31918 Filed 12–13–11; 8:45 am] 

BILLING CODE 3510–NK–M 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 1 

RIN 3038–AD64 

Retail Commodity Transactions Under 

Commodity Exchange Act 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Interpretation; Request for 

comments. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’ or 

‘‘CFTC’’) is issuing this interpretation of 

the term ‘‘actual delivery’’ as set forth in 

section 2(c)(2)(D)(ii)(III)(aa) of the 

Commodity Exchange Act (‘‘CEA’’) 

pursuant to section 742(a) of the DoddFrank Wall Street Reform and Consumer 

Protection Act. The Commission 

requests comment on whether this 

interpretation accurately construes the 

statutory language. In the event that 

comments demonstrate a need to modify 

this interpretation, the Commission will 

take appropriate action. 

DATES: Effective December 14, 2011. 

Comments must be received by 

February 13, 2012. 

ADDRESSES: Comments, identified by 

RIN number, may be sent by any of the 

following methods: 

• Agency Web site, via its Comments 

Online process: http:// 

comments.cftc.gov. Follow the 

instructions for submitting comments 

through the Web site. 

• Mail: David A. Stawick, Secretary of 

the Commission, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street NW., 

Washington, DC 20581. 

• Hand Delivery/Courier: Same as 

mail above. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

FOR FURTHER INFORMATION CONTACT: 

Rosemary Hollinger, Regional Counsel, 

Division of Enforcement, (312) 596– 

0538, rhollinger@cftc.gov, or Martin B. 

White, Assistant General Counsel, 

Office of the General Counsel, (202) 

418–5129, mwhite@cftc.gov, Commodity 

Futures Trading Commission, Three 

Lafayette Centre, 1155 21st Street NW., 

Washington, DC 20581. 

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 

(‘‘FOIA’’),1 a petition for confidential 

treatment of the exempt information 

may be submitted according to the 

established procedures in § 145.9 of the 

CFTC’s regulations.2 The Commission 

reserves the right, but shall have no 

obligation, to review, prescreen, 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 FOIA. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 21, 2010, President Obama 

signed the Dodd-Frank Wall Street 

Reform and Consumer Protection Act 

(‘‘Dodd-Frank Act’’).3 Title VII of the 

Dodd-Frank Act 4 amended the 

Commodity Exchange Act (‘‘CEA’’) 5 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 

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