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

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 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
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 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Proposed Rules 42633 

1See 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. 

3Because 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. 

4See 68 FR at 17811. 

5See 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 settlement 

organizations 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 


emcdonald on DSK2BSOYB1PROD with PROPOSALS