15632 Federal Register / Vol. 75, No. 60 / Tuesday, March 30, 2010 / Proposed Rules 

Actions Compliance Procedures 

(4) If the cracks identified in paragraph (f)(3) of 

this AD meet or exceed the limits specified in 

paragraph 3 of Cessna Citation Alert Service 

Letter ASL525A–78–01, Revision 1, dated 

October 27, 2009, replace the thrust attenuator paddle and attachment hardware, as applicable.

(i) If the conditions of paragraph 3.A.(1) of 

Cessna Citation Alert Service Letter 

ASL525A-78–01, Revision 1, dated October 

27, 2009, are met, replace before further 

flight after the inspection required in paragraph (f)(3) of this AD. After the replacement, continue with the repetitive inspections specified in paragraph (f)(1) of this AD.

Follow Cessna Citation Alert Service Letter 

ASL525A–78–01, Revision 1, dated October 27, 2009. 

(ii) If the conditions of paragraph 3.A.(2) of 

Cessna Citation Alert Service Letter 

ASL525A-78–01, Revision 1, dated October 

27, 2009, are met, replace within the next 

150 hours TIS after the inspection required 

in paragraph (f)(3) of this AD. After the replacement, continue with the repetitive inspections specified in paragraph (f)(1) of 

this AD.

(5) Replace both thrust attenuator paddles ....... Within the next 300 hours TIS after the effective date of this AD or within 1 year after 

the effective date of this AD, whichever occurs first.

Follow Cessna Citation Service Bulletin 

SB525A–78–02, Revision 1, dated February 

5, 2010. 

(g) The replacement required in paragraph 

(f)(5) of this AD terminates the repetitive 

inspection requirement of this AD. This 

replacement may be done at anytime, but 

must be done no later than 300 hours TIS or 

within 1 one after the effective date of this 

AD, whichever occurs first. 

(h) If, before the effective date of this AD, 

you have done all the actions in the original 

issue of Cessna Citation Service Bulletin 

SB525A–78–02, dated November 13, 2009, 

then no further action is required by this AD. 

This is considered ‘‘unless already done’’ 

credit for this AD action. 

Alternative Methods of Compliance 

(AMOCs) 

(i) The Manager, Wichita Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. Send information to ATTN: TN 

Baktha, Aerospace Engineer, ACE–118W, 

Wichita Aircraft Certification Office (ACO), 

1801 Airport Road, Room 100, Wichita, 

Kansas 67209; telephone: (316) 946–4155; 

fax: (316) 946–4107. Before using any 

approved AMOC on any airplane to which 

the AMOC applies, notify your appropriate 

principal inspector (PI) in the FAA Flight 

Standards District Office (FSDO), or lacking 

a PI, your local FSDO. 

(j) AMOCs approved for AD 2009–24–13 

are approved for this AD. 

Related Information 

(k) To get copies of the service information 

referenced in this AD, contact Cessna Aircraft 

Company, Product Support, P.O. Box 7706, 

Wichita, KS 67277; telephone: (316) 517– 

6000; fax: (316) 517–8500; Internet: http:// 

www.cessna.com. To view the AD docket, go 

to U.S. Department of Transportation, Docket 

Operations, M–30, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, or on 

the Internet at http://www.regulations.gov. 

Issued in Kansas City, Missouri, on March 

23, 2010. 

Steven W. Thompson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–7024 Filed 3–29–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2009–1050; Airspace 

Docket No. 09–ASW–3] 

RIN 2120–AA66 

Proposed Amendment to and 

Establishment of Restricted Areas and 

Other Special Use Airspace; 

Razorback Range Airspace Complex, 

AR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

restructure the restricted areas and other 

special use airspace (SUA) located in 

the vicinity of Fort Chaffee, AR. The Air 

National Guard (ANG) requested these 

modifications to the Razorback Range 

Airspace Complex, by establishing two 

new restricted areas, renaming an 

existing restricted area, and amending 

the boundaries section of the legal 

description of the Hog High North 

military operation area (MOA) that is 

contained in the airspace complex. 

Unlike restricted areas which are 

designated under Title 14 Code of 

Federal Regulations (14 CFR) part 73, 

MOAs are not rulemaking airspace 

actions. However, since the proposed R– 

2402B infringes on the Hog High North 

MOA, the FAA is including a discussion 

of the Hog High North MOA change in 

this NPRM. The ANG requested these 

airspace changes to permit more 

realistic aircrew training in modern 

tactics to be conducted in the Razorback 

Range Airspace Complex and to enable 

more efficient use of the National 

Airspace System (NAS). 

DATES: Comments must be received on 

or before May 14, 2010. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, 1200 New Jersey Avenue, SE., West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590–0001; telephone: 

(202) 366–9826. You must identify FAA 

Docket No. FAA–2009–1050 and 

Airspace Docket No. 09–ASW–3 at the 

beginning of your comments. You may 

also submit comments through the 

Internet at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Colby Abbott, Airspace and Rules 

Group, Office of System Operations 

Airspace and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

Federal Register / Vol. 75, No. 60 / Tuesday, March 30, 2010 / Proposed Rules 15633 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA– 

2009–1050 and Airspace Docket No. 09– 

ASW–3) and be submitted in triplicate 

to the Federal Docket Management 

System (see ADDRESSES section for 

address and phone number). You may 

also submit comments through the 

Internet at http://www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2009–1050 and 

Airspace Docket No. 09–ASW–3.’’ The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Federal Docket 

Management System Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Central Service Center, Operations 

Support Group, Federal Aviation 

Administration, 2601 Meacham Blvd., 

Fort Worth, TX 76137. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

Background 

The special use airspace of the 

Razorback Range Airspace Complex 

includes restricted areas and MOAs. 

Restricted areas are regulatory airspace 

areas that are designated under 14 CFR 

part 73 rulemaking procedures to 

contain activities that may present a 

hazard to nonparticipating aircraft 

including ground-based and airdelivered weapons employment. No 

person may operate an aircraft within a 

restricted area without the advance 

permission of the using or controlling 

agency. 

The Razorback Range Airspace 

Complex MOAs are used primarily as 

maneuvering areas for aircraft 

conducting air-to-ground and air-to-air 

training scenarios and may be used in 

conjunction with the existing restricted 

areas. MOAs are nonregulatory airspace 

areas that are established 

administratively and published in the 

NFDD. MOAs are established to 

segregate non-hazardous military flight 

activities from aircraft operating in 

accordance with instrument flight rules 

(IFR), and to advise pilots flying under 

visual flight rules (VFR) where these 

activities are conducted. IFR aircraft 

may be routed through an active MOA 

only when air traffic control can provide 

approved separation from the MOA 

activity. VFR pilots are not restricted 

from flying in an active MOA, but are 

advised to exercise caution while doing 

so. Normally, MOA proposals are not 

published in an NPRM but, instead, are 

advertised for public comment through 

a nonrule circular distributed by the 

FAA Service Center office to aviation 

interests in the affected area. When a 

nonrulemaking action is an integral part 

of a rulemaking action, FAA procedures 

allow for the nonrulemaking proposal to 

be included in the NPRM. Since the 

proposed restricted area R–2402B 

infringes on the Hog High North MOA, 

the FAA is including a description of 

the Hog High North MOA amendment 

in this NPRM. Comments on the 

proposed MOA change may also be 

submitted as indicated above in the 

‘‘Comments Invited’’ section of this 

NPRM. 

The ANG requested modifications to 

the Razorback Range Airspace Complex 

to better support essential air-to-ground 

weapons delivery profiles and advanced 

tactical training requirements. Driving 

the request are the technological 

advances that have been made in 

aircraft targeting systems that allow 

accurate weapons delivery from higher 

altitudes and greater distances from the 

target. The dimensions of the Razorback 

Range restricted area (R–2402) have not 

changed in decades and cannot 

accommodate the requirements of the 

modern combat tactics and increased 

capabilities of today’s fighter aircraft. 

This airspace shortfall resulted in the 

request for additional restricted airspace 

at the Razorback Range. The proposed 

restricted areas, if approved, would 

accommodate the ANG’s training 

requirements to perform combat 

missions such as Close Air Support, 

Destruction of Enemy Air Defenses, 

Combat Search and Recovery, Time 

Sensitive Targeting, and Forward Air 

Controller—Airborne during day and 

night time conditions. 

While the Razorback Range supports 

training in low to medium altitudes, the 

lateral boundary of the range’s existing 

restricted area is inadequate for training 

at medium to high altitudes. The 

restricted areas R–2402B and R–2402C, 

as proposed, would expand the lateral 

boundaries of the Razorback Range 

restricted area airspace approximately 

five nautical miles north and east of R– 

2402, and approximately three nautical 

miles south of R–2402 into the Hog High 

North MOA. If approved, the proposed 

airspace will provide the maneuvering 

airspace needed to permit air-to-ground 

training in various tactics that are being 

used in combat today. 

The vertical and lateral boundaries of 

the Hog High North MOA will not 

change as a result of this airspace 

action. However, since the proposed 

R–2402B restricted area penetrates the 

MOA, the legal description will be 

amended to exclude R–2402B when the 

restricted area is active. 

The Razorback Range Airspace 

Complex is, and will remain, designated 

as ‘‘joint-use’’ airspace. This means that, 

during periods when the airspace 

complex, or parts of the complex, are 

not needed by the using agency for its 

designated purposes, the airspace will 

be returned to the controlling agency for 

access by other NAS users. The 

Memphis Air Route Traffic Control 

Center (ARTCC) is the controlling 

agency for the Razorback Range 

Airspace Complex. 

The Proposed MOA Change 

The FAA is proposing an amendment 

to the Hog High North MOA boundaries 

section of the legal description to 

exclude the proposed restricted area 

R–2402B, which overlaps airspace with 

the MOA, when that restricted area is 

active. The altitude and time of use 

descriptions for Hog High North MOA 

will remain unchanged. This change 

would prevent airspace conflict with the 

overlapping proposed R–2402B. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

15634 Federal Register / Vol. 75, No. 60 / Tuesday, March 30, 2010 / Proposed Rules 

Hog High North MOA, AR [Amended] 

By removing the current boundaries 

description and substituting the 

following: Boundaries. Beginning at lat. 

35°13′50′′ N., long. 94°12′01′′ W.; to lat. 

35°11′33′′ N., long. 94°12′01′′ W.; thence 

east along Arkansas State Highway 10 to 

lat. 35°10′20′′ N., long. 94°01′01′′ W.; to 

lat. 35°15′00′′ N., long. 94°01′01′′ W.; to 

lat. 35°05′00′′ N., long. 93°34′01′′ W.; at 

lat. 34°51′00′′ N., long. 93°25′01′′ W.; to 

lat. 34°38′12′′ N., long. 93°31′18′′ W.; to 

lat. 34°41′30′′ N., long. 93°45′53′′ W.; to 

lat. 34°40′58′′ N., long. 93°50′18′′ W.; to 

lat. 34°47′19′′ N., long. 94°26′52′′ W.; to 

lat. 34°55′00′′ N., long. 94°23′08′′ W.; to 

lat. 35°05′31′′ N., long. 94°17′57′′ W.; to 

the point of beginning, excluding 

R–2402B when active. 

The MOA change described here will 

also be published in the National Flight 

Data Digest (NFDD). 

The Restricted Area Proposal 

The FAA is proposing an amendment 

to 14 CFR part 73 to expand the 

restricted area airspace at the Razorback 

Range Airspace Complex to permit 

training in real-world combat tactics. 

While the ceiling of R–2402, at 30,000 

feet MSL, is considered adequate for 

medium to high altitude weapons 

employment tactics training scenarios 

today, the lateral distance from the 

target area does not support medium to 

high altitude weapons delivery. Thus, 

aircrew training that is essential for 

combat readiness today is limited. This 

proposal would add two new restricted 

areas, R–2402B and R–2402C, to provide 

the vertical and lateral maneuvering 

airspace needed to practice medium to 

high altitude standoff weapon delivery 

profiles. Restricted area R–2402B is 

proposed to extend approximately five 

nautical miles to the east and three 

nautical miles to the south (into Hog 

High North MOA) of R–2402, from 

10,000 feet MSL to FL 220. Restricted 

area R–2402C is proposed to extend 

approximately five nautical miles to the 

east and north of R–2402, from 13,000 

feet MSL to FL 220. The proposed 

restricted areas will be activated when 

maneuvering airspace is required and 

cannot be activated without R–2402 

being active also. When the proposed 

R–2402B and R–2402C restricted areas 

are not required for training 

requirements, that airspace will be 

released to Memphis ARTCC for access 

by nonparticipating aircraft, as 

appropriate. 

Finally, to keep the naming 

convention of the R–2402 complex 

standardized, the FAA proposes to 

change the ‘‘R–2402 Fort Chaffee, AR’’ 

restricted area name to ‘‘R–2402A Fort 

Chaffee, AR’’. To ensure the time of 

designation of all R–2402 restricted 

areas in the Razorback Range Airspace 

Complex are consistent and cannot be 

misinterpreted, the time of designation 

information for R–2402 (proposed to 

become R–2402A) would also change 

the ‘‘Monday through Sunday’’ currently 

listed in the legal description to ‘‘daily.’’ 

The remaining R–2402 legal description 

information will remain the same when 

re-published as R–2402A. 

Section 73.24 of Title 14 CFR part 73 

was republished in FAA Order 7400.8R, 

effective February 16, 2009. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation: (1) 

Is not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (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 proposed rule, when 

promulgated, 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 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 the 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 would restructure the SUA at the 

Razorback Range Airspace Complex, 

Fort Chaffee, AR. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 73 as 

follows: 

PART 73—SPECIAL USE AIRSPACE 

1. The authority citation for part 73 

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. 

§ 73.24 [Amended] 

2. § 73.24 is amended as follows: 

* * * * * 

R–2402 Fort Chaffee, AR [Removed] 

R–2402A Fort Chaffee, AR [New] 

Boundaries. Beginning at lat. 35°18′09′′ N., 

long. 94°03′01′′ W.; to lat. 35°17′00′′ N., long. 

94°03′01′′ W.; to lat. 35°17′00′′ N., long. 

94°01′01′′ W.; to lat. 35°10′20′′ N., long. 

94°01′01′′ W.; thence west along Arkansas 

State Highway No. 10 to lat. 35°11′33′′ N., 

long. 94°12′01′′ W.; to lat. 35°13′50′′ N., long. 

94°12′01′′ W.; to lat. 35°18′10′′ N., long. 

94°12′01′′ W.; to lat. 35°18′12′′ N., long. 

94°09′52′′ W.; thence east along Arkansas 

State Highway No. 22 to the point of 

beginning. 

Designated altitudes. Surface to and 

including 30,000 feet MSL. 

Time of designation. Sunrise to sunset, 

daily; other times by NOTAM. 

Controlling agency. FAA, Memphis 

ARTCC. 

Using agency. Commanding General, Fort 

Chaffee, AR. 

* * * * * 

R–2402B Fort Chaffee, AR [New] 

Boundaries. Beginning at lat. 35°18′26′′ N., 

long. 93°55′41′′ W.; thence clockwise along a 

7–NM radius circle centered at lat. 35°15′26′′ 

N., long. 94°03′24′′ W.; to lat. 35°10′55′′ N., 

long. 94°09′57′′ W.; thence east along 

Arkansas State Highway 10 to lat. 35°10′20′′ 

N., long. 94°01′01′′ W.; to lat. 35°17′00′′ N., 

long. 94°01′01′′ W.; to lat. 35°17′00′′ N., long. 

94°03′01′′ W.; to lat. 35°18′09′′ N., long. 

94°03′01′′ W.; thence east along Arkansas 

State Highway 22 to the point of beginning. 

Designated altitudes. 10,000 feet MSL to, 

but not including, FL 220. 

Time of designation. Sunrise to sunset, 

daily; other times by NOTAM. 

Controlling agency. FAA, Memphis 

ARTCC. 

Using agency. Arkansas Air National 

Guard, 188th Fighter Wing, Ft. Smith, AR. 

R–2402C Fort Chaffee, AR [New] 

Boundaries. Beginning at lat. 35°21′48′′ N., 

long. 94°06′59′′ W.; thence clockwise along a 

7–NM radius circle centered at lat. 35°15′26′′ 

N., long. 94°03′24′′ W.; to lat. 35°18′26′′ N., 

long. 93°55′41′′ W.; thence west along 

Arkansas State Highway 22 to lat. 35°18′12′′ 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

Federal Register / Vol. 75, No. 60 / Tuesday, March 30, 2010 / Proposed Rules 15635 

1 7 U.S.C. 12(a). 

2Section 1a(29) of the Act defines the term 

registered entity to mean: ‘‘(A) a board of trade 

designated as a contract market under section 5; (B) 

a derivatives transaction execution facility 

registered under section 5a; (C) a derivatives 

clearing organization registered under section 5b; 

(D) a board of trade designated as a contract market 

under section 5f; and (E) with respect to a contract 

that the Commission determines is a significant 

price discovery contract, any electronic trading 

facility on which the contract is executed or 

traded.’’ 

3 In addition to ‘‘registered entities,’’ the 

Commission is authorized to share confidential 

information with registered futures associations (see 

section 17 of the Act, 7 U.S.C. 21) and selfregulatory organizations as defined in section 

3(a)(26) of the Securities Exchange Act of 1934. 7 

U.S.C. 12a(6). 

4Public Law 106–554, 114 Stat. 2763 (2000). 

5 Incorporated as Title XIII of the Food, 

Conservation and Energy Act of 2008, Public Law 

110–246, 122 Stat. 1624 (June 18, 2008). 

N., long. 94°09′52′′ W.; to the point of 

beginning. 

Designated altitudes. 13,000 feet MSL to, 

but not including, FL 220. 

Time of designation. Sunrise to sunset, 

daily; other times by NOTAM. 

Controlling agency. FAA, Memphis 

ARTCC. 

Using agency. Arkansas Air National 

Guard, 188th Fighter Wing, Ft. Smith, AR. 

Issued in Washington, DC, on March 19, 

2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–7075 Filed 3–29–10; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 38 and 140 

RIN 3038—AC68 

Delegations of Authority To Disclose 

Confidential Information 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘CFTC’’ or 

‘‘Commission’’) is proposing to amend 

its regulations governing delegations of 

authority to disclose confidential 

information to permit CFTC staff to 

provide confidential information to 

‘‘registered entities,’’ including exempt 

commercial markets offering significant 

price discovery contracts, and to require 

that registered entities update their lists 

of confidential data recipients on an 

annual basis. The Commission’s 

proposal would also clarify that 

confidential information provided by 

the Commission to registered entities 

may only be used for market 

surveillance, audit, investigative or rule 

enforcement purposes and would 

remove the requirement that disclosures 

of confidential information to foreign 

government agencies and foreign futures 

authorities require the concurrence of 

the Commission’s Division of 

Enforcement. Finally, the proposal 

would make certain other technical and 

conforming amendments to the 

Commission’s rules. 

DATES: Comments must be received by 

April 29, 2010. 

ADDRESSES: Comments should be 

submitted to David Stawick, Secretary, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. Comments also may be sent by 

facsimile to (202) 418–5521, or by email to confidentialinforules@cftc.gov. 

Reference should be made to 

‘‘Delegations of Authority to Disclose 

Confidential Information.’’ Comments 

may also be submitted through the 

Federal eRulemaking Portal at http:// 

www.regulations.gov. All comments 

must be in English. 

FOR FURTHER INFORMATION CONTACT: 

Donald Heitman, Senior Special 

Counsel, Division of Market Oversight, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. Telephone: (202) 418–5041. Email: dheitman@cftc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. The Commodity Exchange Act’s 

Confidentiality Provisions 

Section 8(a) of the Commodity 

Exchange Act (‘‘CEA’’ or ‘‘Act’’) prohibits 

the Commission from disclosing 

information that would separately 

disclose the business transactions or 

market positions of any person or trade 

secrets or names of customers.1 Despite 

this general prohibition, the CEA 

recognizes the need to share 

confidential information with registered 

entities and certain other self-regulatory 

bodies under specified circumstances. 

Section 8a(6) of the Act therefore 

authorizes the Commission to 

communicate to the proper officials of 

‘‘registered entities’’ 2 and other selfregulatory bodies 3 the full facts 

regarding a particular transaction or 

market operation, ‘‘which in the 

judgment of the Commission disrupts or 

tends to disrupt any market or is 

otherwise harmful or against the best 

interests of producers, consumers, or 

investors, or which is necessary or 

appropriate to effectuate the purposes of 

[the] Act.’’ Disclosure under this 

provision is subject to the caveat that 

information furnished by the 

Commission may not be disclosed by 

the receiving registered entity, 

registered futures association or selfregulatory organization except in a selfregulatory action or proceeding. 

Commission regulation 140.72 

implements these statutory provisions, 

delegates to specified senior staff the 

authority to make disclosures to ‘‘a 

contract market, registered futures 

association or self-regulatory 

organization,’’ and establishes the 

standards and protocols governing such 

disclosures. However, regulation 140.72 

has never been amended to replace the 

reference to ‘‘contract market’’ with a 

reference to the more inclusive defined 

term, ‘‘registered entity,’’ which includes 

not only designated contract markets, 

but several other types of entities as 

well (see note 2 above). The term, 

‘‘registered entity,’’ was added to the Act 

by the Commodity Futures 

Modernization Act of 2000 (‘‘CFMA’’).4

The registered entity definition was 

subsequently expanded by the CFTC 

Reauthorization Act of 2008 (‘‘2008 

Reauthorization Act’’),5 which 

incorporated electronic trading facilities 

trading significant price discovery 

contracts into the registered entity 

definition as section 1a(29)(E). 

The CEA also recognizes the need to 

share confidential information with 

other Federal or state regulatory 

authorities, acting within the scope of 

their jurisdiction, as well as foreign 

futures authorities, and in section 8(e) 

authorizes the Commission to make 

such disclosures on request, provided 

the Commission is satisfied that the 

information will not be disclosed except 

in connection with an action or 

proceeding brought under the laws 

governing the receiving authority, to 

which that receiving authority is a 

party. Commission regulation 140.73 

implements the provisions of CEA 

section 8(e), delegates to specified 

senior staff the authority to make 

disclosures and establishes the 

standards and protocols governing 

disclosure to a requesting regulator. 

As discussed below, the principal 

amendments to regulation 140.72 are 

being proposed: (1) To conform the 

Commission’s rule to the CEA, as 

amended by the CFMA and the 2008 

Reauthorization Act, by applying the 

regulation to ‘‘registered entities;’’ (2) to 

require that registered entities update 

their lists of confidential data recipients 

on an annual basis and notify the 

Commission within 10 business days of 

any changes to the list; and (3) to clarify 

that confidential information provided 

by the Commission to registered entities 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS