Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Proposed Rules 47737 

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 proposed 

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 proposed regulation is 

within the scope of that authority as it 

would amend Class D and existing Class 

E airspace and establish Class E airspace 

designated as surface areas at Patuxent 

River NAS, Patuxent River, MD. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 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 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, effective 

September 15, 2009, is amended as 

follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

AEA MD D Patuxent River, MD [Amended] 

Patuxent River NAS (Trapnell Field), MD 

(Lat. 38°17′30′′ N., long. 76°24′59′′ W.) 

Chesapeake Ranch Airpark, MD 

(Lat. 38°21′40′′ N., long. 76°24′19′′ W.) 

That airspace extending upward from the 

surface to and including 2,500 feet MSL 

within a 4.5-mile radius of Patuxent River 

NAS (Trapnell Field) and within a .5-mile 

radius of Chesapeake Ranch Airpark 

excluding that airspace within Restricted 

Areas R–4005 and R–4007 when active. 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 MD E2 Patuxent River, MD [New] 

Patuxent River NAS (Trapnell Field), MD 

(Lat. 38°17′30′′ N., long. 76°24′59′′ W.) 

Patuxent VORTAC 

(Lat. 38°17′16′′ N., long. 76°24′01′′ W.) 

Patuxent River NDB 

(Lat. 38°17′09′′ N., long. 76°24′11′′ W.) 

Chesapeake Ranch Airpark, MD 

(Lat. 38°21′40′′ N., long. 76°24′19′′ W.) 

That airspace extending upward from the 

surface within a 4.5-mile radius of Patuxent 

River NAS (Trapnell Field) and within 1.8 

miles each side of the Patuxent VORTAC 

045° radial extending from the 4.5-mile 

radius of Patuxent River NAS to 6.1 miles 

northeast of the VORTAC; and within 1.8 

miles each side of the Patuxent VORTAC 

235° radial extending from the 4.5-mile 

radius to 6.6 miles southwest of the 

VORTAC; and within 1.8 miles each side of 

the Patuxent River NDB 233° bearing 

extending from the 4.5-mile radius to 6.1 

miles southwest of the NDB; and within 1.8 

miles each side of the Patuxent VORTAC 

140° radial extending from the 4.5-mile 

radius to 10.5 miles southeast of the 

VORTAC; and within a .5-mile radius of 

Chesapeake Ranch Airpark, excluding that 

airspace within Restricted Areas R–4005 and 

R–4007 when active. This Class E airspace 

area is effective during those times when the 

Class D airspace is not in effect. 

* * * * * 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D 

Surface Area. 

* * * * * 

AEA MD E4 Patuxent River, MD 

[Amended] 

Patuxent River NAS (Trapnell Field), MD 

(Lat. 38°17′30′′ N., long. 76°24′59′′ W.) 

Patuxent VORTAC 

(Lat. 38°17′16′′ N., long. 76°24′01′′ W.) 

Patuxent River NDB 

(Lat. 38°17′09′′ N., long. 76°24′11′′ W.) 

That airspace extending upward from the 

surface within 1.8 miles each side of the 

Patuxent VORTAC 045° radial extending 

from the 4.5-mile radius of Patuxent River 

NAS (Trapnell Field) to 6.1 miles northeast 

of the VORTAC; and within 1.8 miles each 

side of the Patuxent VORTAC 235° radial 

extending from the 4.5-mile radius to 6.6 

miles southwest of the VORTAC; and within 

1.8 miles each side of the Patuxent River 

NDB 233° bearing extending from the 4.5- 

mile radius to 6.1 miles southwest of the 

NDB; and within 1.8 miles each side of the 

Patuxent VORTAC 140° radial extending 

from the 4.5-mile radius to 10.5 miles 

southeast of the VORTAC, excluding that 

airspace within Restricted Areas R–4005 and 

R–4007 when active. This Class E airspace 

area is effective during 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 July 30, 

2010. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2010–19583 Filed 8–6–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0453; Airspace 

Docket No. 10–AAL–14] 

RIN 2120–AA66 

Proposed Revocation of Colored 

Federal Airway G–4; AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM); withdrawal. 

SUMMARY: This action withdraws the 

notice of proposed rulemaking (NPRM) 

published in the Federal Register on 

June 8, 2010 (75 FR 32317). In that 

action, the FAA proposed to remove 

Federal Airway Green (G–4) in Alaska. 

The FAA has determined that the 

withdrawal is warranted since the 

proposed action was based on the 

decommissioning of the Wood River 

Non-directional Beacon near the town of 

Dillingham, Alaska, which will now 

remain in service. 

DATES: Effective date 0901 UTC, August 

9, 2010. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: Ken 

McElroy, 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: 

History 

On June 8, 2010, the FAA published 

in the Federal Register an NPRM 

proposing to remove Federal Airway G– 

4 (75 FR 32317), Docket No. FAA–2010– 

0453. A review of Alaska airspace 

revealed that numerous aircraft depend 

on G–4 to support remote communities, 

therefore the FAA has determined to 

withdraw the proposed action. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

47738 Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Proposed Rules 

1See 17 CFR 1.3(gg) (defining the term ‘‘customer 

funds’’). 

2Regulation 1.20(a) does not require a written 

acknowledgment to be obtained from ‘‘a derivatives 

clearing organization that has adopted and 

submitted to the Commission rules that provide for 

the segregation as customer funds, in accordance 

with all relevant provisions of the Act and the rules 

and orders promulgated thereunder, of all funds 

held on behalf of customers.’’ 

3 7 U.S.C. 1 et seq. 

4 17 CFR parts 1–199. 

5See 17 CFR 1.3(rr) (defining the term ‘‘foreign 

futures or foreign options secured amount’’). 

6 74 FR 7838 (February 20, 2009). 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Withdrawal 

Accordingly, pursuant to the 

authority delegated to me, the FAA 

withdraws the NPRM published in the 

Federal Register June 8, 2010, (75 FR 

32317) [2010–13609]. 

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

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

1963 Comp., p. 389. 

Issued in Washington, DC, July 28, 2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–19489 Filed 8–6–10; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 1, 30, and 140 

RIN 3038–AC72 

Acknowledgment Letters for Customer 

Funds and Secured Amount Funds 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’ or 

‘‘CFTC’’) is proposing to amend its 

regulations regarding the required 

content of the acknowledgment letter 

that a registrant must obtain from any 

depository holding its segregated 

customer funds or funds of foreign 

futures or foreign options customers, 

and certain technical changes. 

DATES: Submit comments on or before 

September 8, 2010. 

ADDRESSES: You may submit comments, 

identified by RIN number, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Agency Web Site: http:// 

www.cftc.gov. Follow the instructions 

for submitting comments on the Web 

site. 

• E-mail: 

acknowledgmentletter@cftc.gov. Include 

the RIN number in the subject line of 

the message. 

• Fax: 202–418–5521. 

• 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. 

FOR FURTHER INFORMATION CONTACT: 

Phyllis P. Dietz, Associate Director, 

202–418–5449, pdietz@cftc.gov, or 

Eileen A. Donovan, Special Counsel, 

202–418–5096, edonovan@cftc.gov, 

Division of Clearing and Intermediary 

Oversight, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Regulation 1.20 (17 CFR 1.20) requires 

futures commission merchants (FCMs) 

that accept customer funds and 

derivatives clearing organizations 

(DCOs) that accept customer funds from 

FCMs to segregate and separately 

account for those funds.1 Currently, 

Regulation 1.20 requires such FCMs and 

DCOs to obtain from the bank, trust 

company, FCM or DCO 2 holding 

customer funds in the capacity of a 

depository (each, a ‘‘Depository’’) a 

written acknowledgment that the 

Depository was informed that the 

customer funds deposited therein are 

those of commodity or option customers 

and are being held in accordance with 

the provisions of the Commodity 

Exchange Act (Act) 3 and CFTC 

regulations.4 Regulation 1.26 (17 CFR 

1.26), which requires FCMs and DCOs 

to segregate and separately account for 

instruments purchased with customer 

funds, repeats the requirement to obtain 

an acknowledgment letter. FCMs also 

must obtain a similar written 

acknowledgment from Depositories 

holding ‘‘secured amount’’ funds 5

required under Regulation 30.7 (17 CFR 

30.7), which governs the treatment of 

money, securities, and property held for 

or on behalf of the FCM’s foreign futures 

and foreign options customers. 

On February 20, 2009, the 

Commission published proposed 

amendments to Regulations 1.20, 1.26, 

and 30.7 for public comment.6 The 

proposed amendments set out specific 

representations that would be required 

in the acknowledgment letters in order 

to reaffirm and clarify the obligations 

that Depositories incur when accepting 

customer funds or secured amount 

funds. The Commission also proposed 

several technical changes. 

In response, the Commission received 

comment letters from the Futures 

Industry Association (‘‘FIA’’), Joint 

Audit Committee (‘‘JAC’’), National 

Futures Association (‘‘NFA’’), Managed 

Funds Association (‘‘MFA’’), and Katten 

Muchin Rosenman LLP (‘‘Katten’’), 

which are discussed below. In light of 

the comments received, the Commission 

has determined to re-propose the 

amendments to Regulations 1.20, 1.26, 

and 30.7, with several changes made in 

response to the comments. In addition, 

the Commission is proposing standard 

template acknowledgment letters that 

would be required to be used. These are 

proposed for inclusion in a new 

Appendix A to each of Regulations 1.20, 

1.26, and 30.7. The Commission invites 

public comment on all aspects of the 

proposed regulations and the proposed 

letters. 

II. Comments Received 

FIA generally supported the proposed 

regulations but requested that the 

effective date of the final rule be 

extended beyond the proposed date of 

180 days from the date of publication in 

the Federal Register to allow FCMs, 

DCOs, and Depositories sufficient time 

to negotiate and put in place 

acknowledgment letters satisfying the 

proposed Commission regulations and 

also to allow them an opportunity to 

work together to develop a standard 

template acknowledgment letter that 

would satisfy the proposed regulations. 

In addition, FIA expressed interest in 

having its member Depositories work 

with the Commission on a standardized 

notice, authentication, and instruction 

protocol and encouraged the 

Commission to develop a system for 

electronic filing of the new 

acknowledgment letters. 

The JAC supported the proposed 

regulations but requested guidance 

regarding the circumstances that would 

necessitate updating acknowledgment 

letters (e.g., name change of FCM or 

depository, merger of FCM or 

depository, addition or deletion of 

account number) as well as acceptable 

timeframes for such updating. In 

addition, the JAC questioned the benefit 

of requiring submission of 

acknowledgment letters to the 

Commission without also requiring 

documentation necessary for 

verification. Finally, the JAC requested 

that the Commission amend Regulation 

30.7 to provide relief, similar to that 

provided under Regulations 1.20 and 

1.26, that would exempt DCOs from 

having to provide acknowledgment 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS