Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Proposed Rules 65585 

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 E airspace at 

Savannah-Hardin County Airport, 

Savannah, TN. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND CLASS 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 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, effective 

September 15, 2010, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ASO TN E5 Savannah, TN [AMENDED] 

Savannah-Hardin County Airport, TN 

(Lat. 35°10′13′′ N., long. 88°13′00′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of the Savannah-Hardin County 

Airport and within 3.7 miles each side of the 

008° bearing from the airport extending from 

the 6.5-mile radius to 9.9 miles north of the 

Savannah-Hardin County Airport. 

Issued in College Park, Georgia, on October 

15, 2010. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2010–26958 Filed 10–25–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0321; Airspace 

Docket No. 10–ANE–104] 

Proposed Establishment of Class E 

Airspace; Wolfeboro, NH 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM), withdrawal. 

SUMMARY: This action withdraws the 

NPRM published in the Federal 

Register on July 22, 2010 which 

proposed to establish Class E airspace at 

Huggins Hospital, Wolfeboro, NH. The 

NPRM is being withdrawn as a portion 

of the proposed airspace already exists. 

A new rulemaking will be forthcoming 

to correctly establish the new airspace. 

DATES: Effective 0901 UTC, October 26, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Richard Horrocks, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5588. 

SUPPLEMENTARY INFORMATION: 

History 

On July 22, 2010, a NPRM was 

published in the Federal Register to 

establish Class E airspace at Wolfeboro, 

NH to accommodate special standard 

instrument approach procedure for 

Huggins Hospital (75 FR 42631) Docket 

No. FAA–2010–0321. After publication 

the FAA found that the airspace 

description in the proposed rule 

incorrectly included existing controlled 

airspace 1,200 feet above the surface. To 

avoid confusion this proposed rule is 

being withdrawn and will be 

established under another rulemaking. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Withdrawal 

Accordingly, pursuant to the 

authority delegated to me, the Notice of 

Proposed Rulemaking, Airspace Docket 

No. 10–ANE–104, as published in the 

Federal Register on July 22, 2010 (75 FR 

42631) (FR Doc. 2010–0321), is hereby 

withdrawn. 

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 College Park, Georgia, on October 

15, 2010. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2010–26945 Filed 10–25–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0323; Airspace 

Docket No. 10–ANE–106] 

Proposed Establishment of Class E 

Airspace; Lancaster, NH 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM), withdrawal. 

SUMMARY: This action withdraws the 

NPRM published in the Federal 

Register on July 22, 2010 which 

proposed to establish Class E airspace at 

Weeks Medical Center Heliport, 

Lancaster, NH. The NPRM is being 

withdrawn as a portion of the proposed 

airspace already exists. A new 

rulemaking will be forthcoming to 

correctly establish the new airspace. 

DATES: Effective 0901 UTC, October 26, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Richard Horrocks, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5588. 

SUPPLEMENTARY INFORMATION: 

History 

On July 22, 2010, a NPRM was 

published in the Federal Register to 

establish Class E airspace at Lancaster, 

NH to accommodate special standard 

instrument approach procedures for 

Weeks Medical Center Heliport. (75 FR 

42630) Docket No. FAA–2010–0323. 

After publication the FAA found that 

the airspace description in the proposed 

rule incorrectly included existing 

controlled airspace 1,200 feet above the 

surface. To avoid confusion, this 

proposed rule is being withdrawn and 

will be established under another 

rulemaking. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Withdrawal 

Accordingly, pursuant to the 

authority delegated to me, the Notice of 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
65586 Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Proposed Rules 

1 17 CFR 145.9. 

2See Dodd-Frank Wall Street Reform and 

Consumer Protection Act, Public Law 111–203, 124 

Stat. 1376 (2010). The text of the Dodd-Frank Act 

may be accessed at http://www.cftc.gov./ 

LawRegulation/OTCDERIVATIVES/index.htm. 

3Pursuant to § 701 of the Dodd-Frank Act, Title 

VII may be cited as the ‘‘Wall Street Transparency 

and Accountability Act of 2010.’’ 

4 7 U.S.C. 1 et seq. 

5The Commodity Exchange Authority was an 

agency of the United States Department of 

Agriculture and was established to administer the 

CEA. For a detailed history of the evolution of the 

various agencies charged with administering the 

CEA, see http://www.archives.gov/research/guidefed-records/groups/180.html. The Commodity 

Exchange Authority was the predecessor of the 

CFTC. 

6See Act of June 15, 1936, Public Law 74–675, 

49 Stat. 1491 (1936), which, among other things, set 

out the original list of enumerated commodities and 

changed the name of the ‘‘Grain Futures Act’’ to the 

‘‘Commodity Exchange Act.’’ However, the CEA did 

not apply to all commodity futures markets then in 

existence, such as markets for coffee, cocoa, sugar, 

and metals. 

Proposed Rulemaking, Airspace Docket 

No. 10–ANE–106, as published in the 

Federal Register on July 22, 2010 (75 FR 

42630) (FR Doc. 2010–0323), is hereby 

withdrawn. 

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 College Park, Georgia, on October 

15, 2010. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2010–26943 Filed 10–25–10; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 1 

RIN 3038–AD23 

Agricultural Commodity Definition 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’ or 

‘‘CFTC’’) is charged with proposing rules 

to implement new statutory provisions 

enacted by Title VII of the Dodd-Frank 

Wall Street Reform and Consumer 

Protection Act (‘‘Dodd-Frank Act’’). The 

Dodd-Frank Act, which amends the 

Commodity Exchange Act (‘‘CEA’’ or 

‘‘Act’’), includes provisions applicable to 

‘‘a swap in an agricultural commodity 

(as defined by the [CFTC]).’’ Neither 

Congress nor the CFTC has previously 

promulgated a definition of that term for 

purposes of the CEA or CFTC 

regulations. This notice reviews the 

statutory and regulatory history of the 

term ‘‘agricultural commodity’’ in the 

context of the CEA and Commission 

regulations and proposes a definition of 

that term for purposes of the CEA and 

Commission regulations. 

DATES: Comments must be received on 

or before November 26, 2010. The 

Commission is not inclined to grant 

extensions of this comment period. 

ADDRESSES: You may submit comments, 

identified by RIN number 3038–AD21, 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail for Comments: 

agdefnprm@cftc.gov. Include the RIN 

number 3038–AD21 in the subject line 

of the message. 

• 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. 

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 is exempt from disclosure under the 

Freedom of Information Act, a petition 

for confidential treatment of the exempt 

information may be submitted according 

to the established procedures in CFTC 

Regulation 145.9.1

The Commission reserves the right, 

but shall have no obligation, to review, 

pre-screen, 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 the Freedom of Information Act. 

FOR FURTHER INFORMATION CONTACT: 

Donald Heitman, Senior Special 

Counsel, (202) 418–5041, 

dheitman@cftc.gov, or Ryne Miller, 

Attorney Advisor, (202) 418–5921, 

rmiller@cftc.gov, Division of Market 

Oversight, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. 

SUPPLEMENTARY INFORMATION: 

Part I—Background 

On July 21, 2010, President Obama 

signed the Dodd-Frank Wall Street 

Reform and Consumer Protection Act.2

Title VII of the Dodd-Frank Act 3

amended the CEA 4 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 swap participants; (2) 

imposing clearing and trade execution 

requirements on standardized derivative 

products; (3) creating robust 

recordkeeping and real-time reporting 

regimes; and (4) enhancing the 

Commission’s rulemaking and 

enforcement authorities with respect to, 

among others, all registered entities and 

intermediaries subject to the 

Commission’s oversight. 

The Dodd-Frank Act includes 

provisions applicable to ‘‘a swap in an 

agricultural commodity (as defined by 

the [CFTC]).’’ Neither Congress nor the 

CFTC has previously promulgated a 

definition of that term for purposes of 

the CEA or CFTC regulations. This 

notice reviews the statutory and 

regulatory history of the term 

‘‘agricultural commodity’’ in the context 

of the CEA and Commission regulations 

and proposes a definition of that term 

for purposes of the CEA and 

Commission regulations. 

A. Statutory Framework and History— 

‘‘Agricultural Commodity’’ 

1. The Commodity Exchange Act 

In developing a proposed definition of 

‘‘agricultural commodity’’ for purposes 

of the CEA and CFTC regulations, the 

Commission first considered the 

historical development of federal 

commodities regulation in the United 

States. Before 1974, the Commodity 

Exchange Act, 7 U.S.C. 1 et seq., gave 

the Commodity Exchange Authority 5

jurisdiction over only those 

commodities specifically enumerated in 

the Act. Starting with the 1936 Act, the 

CEA applied to certain transactions in 

commodities then being traded for 

future delivery on certain U.S. futures 

exchanges, including wheat, cotton, 

rice, corn, oats, barley, rye, flaxseed, 

grain sorghum, mill feeds, butter, eggs, 

and Solanum tuberosum (Irish 

potatoes).6 As the exchanges regulated 

under the CEA added futures contracts 

for additional commodities, all of which 

were agricultural in nature, subsequent 

amendments to the Act added those 


emcdonald on DSK2BSOYB1PROD with PROPOSALS