### 42631 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules

reasoned regulatory decisions on the proposal. Comments 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– 2010–0323; Airspace Docket No. 10– ANE–106) and be submitted in triplicate to the 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 Docket No. FAA–2010–0323; Airspace Docket No. 10–ANE–106. ’’ The postcard will be date/time stamped and returned to the commenter.

All communications received before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of the comments received. 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 from and comments submitted through 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 Dockets Office ( see the

**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 Eastern Service Center, Federal Aviation Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia
30337.

Persons interested in being placed on a mailing list for future NPRM’s should contact the FAA’s Office of Rulemaking, (202) 267–9677, to request a copy of Advisory Circular No. 11–2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure. The Proposal
The FAA is considering an amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 to establish Class E airspace at Lancaster, NH to provide controlled airspace required to support the special SIAPs for Weeks Medical Center. The existing Class E airspace extending upward from 1,200 feet above the surface would be modified for the safety and management of IFR operations by lowering the base of controlled airspace to 700 feet above the surface.

Class E airspace designations are published in Paragraph 6005 of FAA order 7400.9T, signed August 27, 2009, and effective September 15, 2009, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.

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. 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 proposed 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 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 establish Class E airspace at Weeks Medical Center, Lancaster, NH. List 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 7400.9T, Airspace Designations and Reporting Points, signed August 27, 2009, effective September 15, 2009, is amended as follows:
Paragraph 6005 Class E Airspace Areas Extending Upward from 700 Feet or More Above the Surface of the Earth.
* * * * *

ANE NH E5 Lancaster, NH [New] Weeks Medical Center, NH

(Lat. 44 ° 29 ′ 07 ′′ N., long. 71 ° 33 ′ 17 ′′ W.) Point in Space Coordinates

(Lat. 44 ° 29 ′ 33 ′′ N., long. 71 ° 34 ′41 ′′ W.) That airspace extending upward from 700 feet above the surface within a 6-mile radius of the Point in Space Coordinates (lat.

44 ° 29 ′ 33 ′′ N., long. 71 ° 34 ′41 ′′ W.) serving the Weeks Medical Center.

Issued in College Park, Georgia, on July 13,
2010. Mark D. Ward, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.
[FR Doc. 2010–17952 Filed 7–21–10; 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).

**SUMMARY :**  This action proposes to establish Class E Airspace at Wolfeboro, NH, to accommodate a new Area Navigation (RNAV) Global Positioning System (GPS) Special Standard


### 42632 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules

Instrument Approach Procedure (SIAP) serving Huggins Hospital. This action would enhance the safety and airspace management of Instrument Flight Rules (IFR) operations within the National Airspace System.

**DATES :**  Comments must be received on or before September 7, 2010.

**ADDRESSES :**  Send comments on this rule to: U. S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12–140, 1200 New Jersey, SE., Washington, DC 20590–0001; Telephone: 1–800–647– 5527; Fax: 202–493–2251. You must identify the Docket Number FAA–2010– 0321; Airspace Docket No. 10–ANE– 104, at the beginning of your comments. You may also submit and review received comments through the Internet
at http://www.regulations.gov

. **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 :** 
Comments Invited

Interested persons are invited to comment on this rule 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 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– 2010–0321; Airspace Docket No. 10– ANE–104) and be submitted in triplicate to the Docket Management System (see

**ADDRESSES** section for address and phone number). You may also submit comments through the Internet at http:// www.regulations.gov

.

Comments 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 Docket No. FAA–2010–0321; Airspace Docket No. 10–ANE–104. ’’ The postcard will be date/time stamped and returned to the commenter.

All communications received before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this notice may be changed in light of the comments received. 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 from and comments submitted through 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 Dockets Office (see the

**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 Eastern Service Center, Federal Aviation Administration, room 210, 1701 Columbia Avenue, College Park, Georgia
30337.

Persons interested in being placed on a mailing list for future NPRM’s should contact the FAA’s Office of Rulemaking, (202) 267–9677, to request a copy of Advisory circular No. 11–2A, Notice of Proposed Rulemaking distribution System, which describes the application procedure. The Proposal

The FAA is considering an amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 to establish Class E airspace at Wolfeboro, NH to provide controlled airspace required to support the special SIAPs for Huggins Hospital. The existing Class E airspace extending upward from 1,200 feet above the surface would be modified for the safety and management of IFR operations by lowering the base of the controlled airspace to 700 feet above the surface.

Class E airspace designations are published in Paragraph 6005 of FAA order 7400.9T, signed August 27, 2009, and effective September 15, 2009, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.

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. 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 proposed 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 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 establish Class E airspace at Huggins Hospital, Wolfeboro, NH. List 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 7400.9T, Airspace Designations and Reporting Points, signed August 27, 2009, effective September 15, 2009, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward from 700 Feet or More Above the Surface of the Earth.
* * * * *

ANE NH E5 Wolfeboro, NH [New] Huggins Hospital, NH


### 42633 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules

1 See infra note 2.

2 68 FR 17809 (April 11, 2003). The White Paper considers new risks present in the post-September 11 environment, addresses steps needed to strengthen the overall resilience of the U.S. financial system in the event of a wide-scale disruption, and is the principal source of common business continuity and disaster recovery standards applicable across the U.S. financial sector. 3 Because there are no Derivatives Transaction Facilities ( ‘‘DTEFs ’’ ) currently registered with the Commission, the Commission has chosen to refrain from similarly modifying any regulations or guidance applicable to DTEFs at this time.

4 See 68 FR at 17811.

5 See id. at 17811. (Lat. 43 ° 34 ′ 56 ′′ N., long. 71 ° 12 ′ 06 ′′ W.) Point in Space Coordinates

(Lat. 43 ° 35 ′ 15 ′′ N., long. 71 ° 11 ′ 19 ′′ W.) That airspace extending upward from 700 feet above the surface within a 6-mile radius of the Point in Space Coordinates (lat.
43 ° 35 ′ 15 ′′ N., long. 71 ° 11 ′ 19 ′′ W.) serving the Huggins Hospital.

Issued in College Park, Georgia, on July 13,
2010. Mark D. Ward, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.
[FR Doc. 2010–17954 Filed 7–21–10; 8:45 am]

**BILLING CODE 4910–13–P**

**COMMODITY FUTURES TRADING COMMISSION** 

**17 CFR Parts 38, 39, and 40**

**RIN 3038–AC91**

**Business Continuity and Disaster Recovery** 

**AGENCY :**  Commodity Futures Trading Commission.

**ACTION :**  Notice of proposed rulemaking.

**SUMMARY :**  The Commodity Futures Trading Commission ( ‘‘ CFTC ’’ or

‘‘ Commission ’’ ) is proposing a rule that would establish standards for recovery and resumption of trading and clearing operations by designated contract markets ( ‘‘DCMs ’’ ) and registered derivatives clearing organizations ( ‘‘DCOs ’’ ) that the Commission determines to be critical financial markets or core clearing and settlementorganizations in the event of a widescale disruption affecting such entities’ trading or clearing operations. These proposed standards would require such entities to maintain business continuity and disaster recovery resources sufficient to meet a same-day recovery time objective for trading and clearing, and maintain geographic dispersal of infrastructure and personnel sufficient to enable achievement of a same-day recovery time objective, in the event of a wide-scale disruption. The proposed amendments also revise application guidance and acceptable practices under the Core Principles for DCMs relating to business continuity and disaster recovery matters that would harmonize acceptable practices for DCMs and DCOs.

**DATES :**  Comments must be received on or before August 23, 2010.

**ADDRESSES :**  Comments should be sent to David Stawick, Secretary, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. Comments may be submitted via e-mail at BCDR@cftc.gov. ‘‘ Business Continuity and Disaster Recovery’’ must be in the subject field of responses submitted via e-mail, and clearly indicated on written submissions. Comments may also be submitted at http:// www.regulations.gov. All comments must be submitted in English, or if not, accompanied by an English translation.

**FOR FURTHER INFORMATION CONTACT :**  Robert B. Wasserman, Associate Director, Division of Clearing and Intermediary Oversight, 202–418–5092, rwasserman@cftc.gov; David Taylor, Special Counsel, Division of Market Oversight, 202–418–5488, dtaylor@cftc.gov; Jocelyn Partridge, Special Counsel, Division of Clearing and Intermediary Oversight, 202–418– 5926, jpartridge@cftc.gov; or Cody J. Alvarez, Attorney Advisor, Division of Market Oversight, 202–418–5404, calvarez@cftc.gov; Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581.

**SUPPLEMENTARY INFORMATION :**  I. Background

A. Introduction

While the experience of the Commission is that DCMs and DCOs registered with it maintain adequate business continuity and disaster recovery ( ‘‘ BC–DR’’ ) programs, the Commission believes that additional regulatory steps should be taken to further improve the resiliency and recovery capabilities of registered entities, particularly those organizations which meet the financial sector’s accepted definitions of ‘‘ critical financial markets ’’ and ‘‘ core clearing and settlement organizations. ’’ 1 These accepted definitions come from the Interagency Paper on Sound Practices to Strengthen the Resilience of the U.S. Financial System , commonly known as the ‘‘White Paper, ’’ that was issued by the Board of Governors of the Federal Reserve System ( ‘‘ Fed ’’ ), the Department of the Treasury ( ‘‘ Treasury’’ ), and the Securities and Exchange Commission ( ‘‘ SEC ’’ ) in 2003. 2 Although the Commission did not participate in the issuance of the White Paper, the Commission has determined that it would be appropriate to apply standards analogous to those set forth in the White Paper to DCMs and DCOs. 3 B. Standards Established by Regulators of Comparable Financial Entities

The White Paper explained that critical financial markets are those markets that provide the means for financial institutions to adjust their cash and securities positions and those of their customers in order to manage liquidity, market, and other risks to their organizations, and provide support for the provision of a wide range of financial services to U.S. businesses and consumers. The White Paper defined

‘‘ critical financial markets ’’ as ‘‘markets for [(1)] federal funds, foreign exchange, and commercial paper; [(2)] U.S. government and agency securities; and [(3)] corporate debt and equity securities. ’’ 4 ‘‘ Core clearing and settlement organizations ’’ are those that (a) provide clearing and settlement services for critical financial markets, or (b) act as large-value payment systems operators and present systemic risk should they be unable to perform. 5 This proposal would apply these White Paper standards to futures markets related to the aforementioned instruments and extend it to futures markets for essential physical commodities.

The Commission believes that some of the registered entities regulated by the Commission may be ‘‘ critical financial markets ’’ or ‘‘ core clearing and settlement organizations. ’’ They provide the means for financial institutions to adjust their financial positions and those of their customers in order to manage liquidity, market, and other risks, and provide support for provision of a wide range of financial services to U.S. businesses and consumers. Their products include futures on U.S. government and agency securities, equity indexes, foreign exchange and physical commodities that comprise critical components of the world financial system. For these reasons, it might present unacceptable risks to the U.S. financial system if these entities were to become inoperative and unavailable for an extended period of time for any reason up to and including a wide-scale disruption. The ability of critical financial markets and core clearing and settlement organizations to recover and resume trading and clearing promptly in the event of a wide-scale