51896 Federal Register / Vol. 77, No. 167 / Tuesday, August 28, 2012 / Rules and Regulations 

Bedford, MA, Laurence G Hanscom 

FLD, RNAV (GPS) Z RWY 11, Amdt 

1 

Bedford, MA, Laurence G Hanscom 

FLD, RNAV (GPS) Z RWY 29, Amdt 

1 

Bedford, MA, Laurence G Hanscom 

FLD, RNAV (RNP) Y RWY 11, Orig 

Bedford, MA, Laurence G Hanscom 

FLD, RNAV (RNP) Y RWY 29, Orig 

Bedford, MA, Laurence G Hanscom 

FLD, VOR RWY 23, Amdt 9 

Oxford, ME, Oxford County Rgnl, GPS 

RWY 33, Orig, CANCELED 

Oxford, ME, Oxford County Rgnl, RNAV 

(GPS) RWY 15, Orig 

Oxford, ME, Oxford County Rgnl, RNAV 

(GPS) RWY 33, Orig 

St Louis, MO, Lambert-St Louis Intl, 

RNAV (RNP) Z RWY 11, Orig 

St Louis, MO, Lambert-St Louis Intl, 

RNAV (RNP) Z RWY 12L, Orig 

St Louis, MO, Lambert-St Louis Intl, 

RNAV (RNP) Z RWY 29, Orig 

St Louis, MO, Lambert-St Louis Intl, 

RNAV (RNP) Z RWY 30R, Orig 

Kearney, NE., Kearney Rgnl, ILS OR 

LOC RWY 36, Amdt 2 

Kearney, NE., Kearney Rgnl, RNAV 

(GPS) RWY 13, Orig 

Omaha, NE., Eppley Airfield, RNAV 

(GPS) Y RWY 14L, Amdt 1A 

Omaha, NE., Eppley Airfield, RNAV 

(GPS) Y RWY 14R, Amdt 1A 

Omaha, NE., Eppley Airfield, RNAV 

(GPS) Y RWY 18, Amdt 2A 

Omaha, NE., Eppley Airfield, RNAV 

(GPS) Y RWY 32L, Amdt 1A 

Omaha, NE., Eppley Airfield, RNAV 

(GPS) Y RWY 32R, Orig-B 

Omaha, NE., Eppley Airfield, RNAV 

(RNP) Z RWY 14L, Orig 

Omaha, NE., Eppley Airfield, RNAV 

(RNP) Z RWY 14R, Orig 

Omaha, NE., Eppley Airfield, RNAV 

(RNP) Z RWY 18, Orig 

Omaha, NE., Eppley Airfield, RNAV 

(RNP) Z RWY 32L, Orig 

Omaha, NE., Eppley Airfield, RNAV 

(RNP) Z RWY 32R, Orig 

Omaha, NE., Eppley Airfield, RNAV 

(RNP) Z RWY 36, Orig 

Trenton, NJ, Trenton Mercer, GPS RWY 

16, Orig-B, CANCELED 

Trenton, NJ, Trenton Mercer, GPS RWY 

34, Orig-A, CANCELED 

Trenton, NJ, Trenton Mercer, ILS OR 

LOC RWY 6, Amdt 10 

Trenton, NJ, Trenton Mercer, NDB RWY 

6, Amdt 7 

Trenton, NJ, Trenton Mercer, RNAV 

(GPS) RWY 16, Orig 

Trenton, NJ, Trenton Mercer, RNAV 

(GPS) RWY 34, Orig 

Trenton, NJ, Trenton Mercer, RNAV 

(GPS) Z RWY 6, Orig 

Trenton, NJ, Trenton Mercer, RNAV 

(GPS) Z RWY 24, Orig 

Trenton, NJ, Trenton Mercer, RNAV 

(RNP) Y RWY 6, Orig 

Trenton, NJ, Trenton Mercer, VOR OR 

GPS RWY 24, Amdt 4B, CANCELED 

Albuquerque, NM, Albuquerque Intl 

Sunport, RNAV (GPS) Y RWY 3, OrigB 

Albuquerque, NM, Albuquerque Intl 

Sunport, RNAV (GPS) Y RWY 8, OrigA 

Albuquerque, NM, Albuquerque Intl 

Sunport, RNAV (RNP) Y RWY 21, 

Orig 

Albuquerque, NM, Albuquerque Intl 

Sunport, RNAV (RNP) Z RWY 3, Orig 

Albuquerque, NM, Albuquerque Intl 

Sunport, RNAV (RNP) Z RWY 8, Orig 

Albuquerque, NM, Albuquerque Intl 

Sunport, RNAV (RNP) Z RWY 21, 

Orig 

Roseburg, OR, Roseburg Rgnl, Takeoff 

Minimums and Obstacle DP, Amdt 7 

Providence, RI, Theodore Francis Green 

State, RNAV (GPS) Y RWY 23, Amdt 

1A 

Providence, RI, Theodore Francis Green 

State, RNAV (RNP) Z RWY 23, Orig 

Harlingen, TX, Valley Intl, RNAV (GPS) 

Y RWY 13, Amdt 1A 

Harlingen, TX, Valley Intl, RNAV (GPS) 

Y RWY 17R, Amdt 2 

Harlingen, TX, Valley Intl, RNAV (GPS) 

Y RWY 31, Amdt 1A 

Harlingen, TX, Valley Intl, RNAV (GPS) 

Y RWY 35L, Amdt 1A 

Harlingen, TX, Valley Intl, RNAV (RNP) 

Z RWY 13, Orig 

Harlingen, TX, Valley Intl, RNAV (RNP) 

Z RWY 17R, Orig 

Harlingen, TX, Valley Intl, RNAV (RNP) 

Z RWY 31, Orig 

Harlingen, TX, Valley Intl, RNAV (RNP) 

Z RWY 35L, Orig 

Chase City, VA, Chase City Muni, RNAV 

(GPS) RWY 18, Amdt 1 

Chase City, VA, Chase City Muni, RNAV 

(GPS) RWY 36, Amdt 1 

Pullman/Moscow, ID, WA, Pullman/ 

Moscow Rgnl, RNAV (GPS) RWY 6, 

Amdt 2 

Pullman/Moscow, ID, WA, Pullman/ 

Moscow Rgnl, RNAV (GPS) RWY 24, 

Amdt 1 

Pullman/Moscow, ID, WA, Pullman/ 

Moscow Rgnl, Takeoff Minimums and 

Obstacle DP, Amdt 4 

Pullman/Moscow, ID, WA, Pullman/ 

Moscow Rgnl, VOR RWY 6, Amdt 9 

Clarksburg, WV, North Central West 

Virginia, ILS OR LOC RWY 21, Amdt 

3 

Clarksburg, WV, North Central West 

Virginia, RNAV (GPS) RWY 3, Amdt 

1 

Clarksburg, WV, North Central West 

Virginia, RNAV (GPS) RWY 21, Amdt 

1 

Clarksburg, WV, North Central West 

Virginia, Takeoff Minimums and 

Obstacle DP, Amdt 6 

Clarksburg, WV, North Central West 

Virginia, VOR–A, Amdt 1 

Effective 18 October 2012 

Fort Huachuca/Sierra Vista, AZ, Sierra 

Vista Muni/Libby AAF, RADAR 1, 

Amdt 5, CANCELLED 

[FR Doc. 2012–20863 Filed 8–27–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30858; Amdt. No. 3493] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This rule establishes, amends, 

suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and associated Takeoff 

Minimums and Obstacle Departure 

Procedures for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, adding new 

obstacles, or changing air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports. 

DATES: This rule is effective August 28, 

2012. The compliance date for each 

SIAP, associated Takeoff Minimums, 

and ODP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of August 28, 

2012. 

ADDRESSES: Availability of matter 

incorporated by reference in the 

amendment is as follows: 

For Examination— 

1. FAA Rules Docket, FAA 

Headquarters Building, 800 

Independence Avenue SW., 

Washington, DC 20591; 

2. The FAA Regional Office of the 

region in which the affected airport is 

located; 

3. The National Flight Procedures 

Office, 6500 South MacArthur Blvd., 

Oklahoma City, OK 73169 or, 

4. The National Archives and Records 

Administration (NARA). For 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 167 / Tuesday, August 28, 2012 / Rules and Regulations 51897 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Availability—All SIAPs are available 

online free of charge. Visit nfdc.faa.gov 

to register. Additionally, individual 

SIAP and Takeoff Minimums and ODP 

copies may be obtained from: 

1. FAA Public Inquiry Center (APA– 

200), FAA Headquarters Building, 800 

Independence Avenue SW., 

Washington, DC 20591; or 

2. The FAA Regional Office of the 

region in which the affected airport is 

located. 

FOR FURTHER INFORMATION CONTACT: 

Richard A. Dunham III, Flight Procedure 

Standards Branch (AFS–420) Flight 

Technologies and Programs Division, 

Flight Standards Service, Federal 

Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd., Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082, Oklahoma City, OK 73125) 

telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This rule 

amends Title 14, Code of Federal 

Regulations, Part 97 (14 CFR part 97) by 

amending the referenced SIAPs. The 

complete regulatory description of each 

SIAP is listed on the appropriate FAA 

Form 8260, as modified by the National 

Flight Data Center (FDC)/Permanent 

Notice to Airmen (P–NOTAM), and is 

incorporated by reference in the 

amendment under 5 U.S.C. 552(a), 1 

CFR part 51, and § 97.20 of Title 14 of 

the Code of Federal Regulations. 

The large number of SIAPs, their 

complex nature, and the need for a 

special format make their verbatim 

publication in the Federal Register 

expensive and impractical. Further, 

airmen do not use the regulatory text of 

the SIAPs, but refer to their graphic 

depiction on charts printed by 

publishers of aeronautical materials. 

Thus, the advantages of incorporation 

by reference are realized and 

publication of the complete description 

of each SIAP contained in FAA form 

documents is unnecessary. This 

amendment provides the affected CFR 

sections and specifies the types of SIAP 

and the corresponding effective dates. 

This amendment also identifies the 

airport and its location, the procedure 

and the amendment number. 

The Rule 

This amendment to 14 CFR part 97 is 

effective upon publication of each 

separate SIAP as amended in the 

transmittal. For safety and timeliness of 

change considerations, this amendment 

incorporates only specific changes 

contained for each SIAP as modified by 

FDC/P–NOTAMs. 

The SIAPs, as modified by FDC P– 

NOTAM, and contained in this 

amendment are based on the criteria 

contained in the U.S. Standard for 

Terminal Instrument Procedures 

(TERPS). In developing these changes to 

SIAPs, the TERPS criteria were applied 

only to specific conditions existing at 

the affected airports. All SIAP 

amendments in this rule have been 

previously issued by the FAA in a FDC 

NOTAM as an emergency action of 

immediate flight safety relating directly 

to published aeronautical charts. The 

circumstances which created the need 

for all these SIAP amendments requires 

making them effective in less than 30 

days. 

Because of the close and immediate 

relationship between these SIAPs and 

safety in air commerce, I find that notice 

and public procedure before adopting 

these SIAPs are impracticable and 

contrary to the public interest and, 

where applicable, that good cause exists 

for making these SIAPs effective in less 

than 30 days. 

Conclusion 

The FAA has determined that this 

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. For the same reason, the 

FAA certifies that this amendment will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR part 97 

Air Traffic Control, Airports, 

Incorporation by reference, and 

Navigation (Air). 

Issued in Washington, DC, on August 17, 

2012. 

Ray Towles, 

Deputy Director, Flight Standards Service. 

Adoption of the Amendment 

Accordingly, pursuant to the 

authority delegated to me, Title 14, 

Code of Federal regulations, Part 97, 14 

CFR part 97, is amended by amending 

Standard Instrument Approach 

Procedures, effective at 0901 UTC on 

the dates specified, as follows: 

PART 97—STANDARD INSTRUMENT 

APPROACH PROCEDURES 

■ 1. The authority citation for part 97 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40106, 

40113, 40114, 40120, 44502, 44514, 44701, 

44719, 44721–44722. 

§§ 97.23. 97.25, 97.27, 97.29, 97.31, 97.33, 

97.35 [Amended] 

■ 2. Part 97 is amended to read as 

follows: 

By amending § 97.23 VOR, VOR/DME, 

VOR or TACAN, and VOR/DME or 

TACAN; § 97.25 LOC, LOC/DME, LDA, 

LDA/DME, SDF, SDF/DME; § 97.27 

NDB, NDB/DME; § 97.29 ILS, ILS/DME, 

MLS, MLS/DME, MLS/RNAV; § 97.31 

RADAR SIAPs; § 97.33 RNAV SIAPSs; 

and § 97.35 COPTER SIAPs, Identified 

as follows: 

* * * EFFECTIVE UPON PUBLICATION 

AIRAC date State City Airport FDC No. FDC date Subject 

20–Sep–12 ............. NJ Teterboro ............... Teterboro ............... 2/0190 8/9/12 ILS OR LOC RWY 6, Amdt 29E. 

20–Sep–12 ............. NJ Teterboro ............... Teterboro ............... 2/0191 8/9/12 COPTER ILS OR LOC RWY 6, Amdt 

1E. 

20–Sep–12 ............. TX Alice ....................... Alice Intl ................. 2/1083 8/9/12 VOR RWY 31, Amdt 13B. 

20–Sep–12 ............. TX Alice ....................... Alice Intl ................. 2/1085 8/9/12 LOC/DME RWY 31, Orig-B. 

20–Sep–12 ............. AZ Tucson ................... Tucson Intl ............. 2/2051 8/9/12 RNAV (RNP) Y RWY 29R, Orig-A. 

20–Sep–12 ............. AZ Tucson ................... Tucson Intl ............. 2/2052 8/9/12 RNAV (GPS) Z RWY 29R, Amdt 2A. 


sroberts on DSK5SPTVN1PROD with RULES
51898 Federal Register / Vol. 77, No. 167 / Tuesday, August 28, 2012 / Rules and Regulations 

1See Dodd-Frank Act, Public Law 111–203, 124 

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

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

groups/public/@swaps/documents/file/ 

hr4173_enrolledbill.pdf. 

2 7 U.S.C. 1 et seq. 

3 76 FR 12888, Mar. 9, 2011. 

4The comments the Commission received on the 

Proposal are currently available on the 

Commission’s Web site. 

5 7 U.S.C. 6(c). 

6The Commission determined that the issues 

raised in the global comment letter with respect to 

addressing the types of activities that would cause 

a market participant to be deemed an introducing 

broker engaged in swap-related activities were 

outside of the scope of the Proposal, and therefore 

is not addressing them in this final rule. Likewise, 

the petition submitted by the trade industry 

associations cited the Proposal as an example of 

amendments that would likely not be effective in 

time for a July 16, 2011 compliance deadline. Those 

concerns were addressed when the Commission 

granted related relief and extended the effective 

and/or compliance date applicable to many DoddFrank requirements. See the second amended 

version of the effective date order at 77 FR 41260, 

July 13, 2012. 

7NFA requested that the Commission specifically 

list the chief compliance officer of a registered 

foreign exchange dealer in the definition of 

principal. The Commission addressed this request 

in another rulemaking, wherein chief compliance 

officer is listed as an example of a principal of a 

registrant. See 77 FR 20200, Apr. 3, 2012. 

8 In comparison, broker-dealers regulated by the 

Securities and Exchange Commission are required 

to disclose on Form BD that is filed with the 

Financial Industry Regulatory Authority any person 

not otherwise named on Schedule A as a direct 

owner or Schedule B as an indirect owner who 

nonetheless controls the management or policies of 

the applicant through agreement or otherwise. See 

http://www.sec.gov/about/forms/formbd.pdf. 

[FR Doc. 2012–20875 Filed 8–27–12; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 3 

RIN 3038–AC96 

Registration of Intermediaries 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commodity Futures 

Trading Commission (Commission) is 

adopting regulations to further 

implement new statutory provisions 

enacted by Title VII of the Dodd-Frank 

Wall Street Reform and Consumer 

Protection Act (Dodd-Frank Act) 

regarding registration of intermediaries. 

Specifically, the Commission is 

adopting certain conforming 

amendments to the Commission’s 

regulations regarding the registration of 

intermediaries, consistent with other 

Commission rulemakings issued 

pursuant to the Dodd-Frank Act, and 

other non-substantive, technical 

amendments to its regulations. 

DATES: Effective October 29, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Chapin, Associate Director, 

Division of Swap Dealer and 

Intermediary Oversight, (202) 418–5465, 

achapin@cftc.gov; or Claire Noakes, 

Attorney Advisor, Division of Swap 

Dealer and Intermediary Oversight, 

(202) 418–5444, cnoakes@cftc.gov; 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW., Washington, DC 

20581. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

On July 21, 2010, President Obama 

signed the Dodd-Frank Act.1 Title VII of 

the Dodd-Frank Act amended the 

Commodity Exchange Act (CEA) 2 to 

establish a comprehensive new 

regulatory framework 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 (SDs) and major swap 

participants (MSPs); (2) imposing 

clearing and trade execution 

requirements on standardized derivative 

products; (3) creating rigorous 

recordkeeping and real-time reporting 

regimes; and (4) enhancing the 

Commission’s rulemaking and 

enforcement authorities with respect to 

all registered entities and intermediaries 

subject to the Commission’s oversight. 

As discussed below, the regulations 

the Commission is adopting today 

concern conforming and technical 

amendments to part 3 governing the 

registration of intermediaries. These 

final regulations are based in large part 

on the Commission’s proposed 

regulations regarding part 3 (Proposal).3

The conforming amendments largely 

consist of adding references, where 

appropriate, to SDs, MSPs and swap 

execution facilities (SEFs). In addition, 

the adopted regulations contain 

modernizing and technical amendments 

to part 3 in anticipation of an influx of 

new registrants. Further, the adopted 

regulations clarify or update definitions, 

outdated cross-references to other 

regulations, and othertypographical 

errors. 

II. Comments 4 and Responses 

A. In General 

In response to the Proposal, the 

Commission received four comments 

from the Futures Industry Association 

(FIA), the National Futures Association 

(NFA), and two individuals, Chris 

Barnard and Bill Nolan. In addition, the 

Commission also received comments 

relevant to the Proposal in a global 

comment letter submitted by a U.S. 

investor and a petition for exemption 

submitted pursuant to Section 4(c) of 

the CEA 5 by a group of trade industry 

associations.6 The commenters 

generally supported the Commission’s 

efforts to update and modernize part 3 

consistent with the regulatory 

developments set forth in the DoddFrank Act. In consideration of the 

comments received,7 and unless 

specifically addressed below in the 

section-by-section analysis, the 

Commission adopts the final regulations 

as proposed. 

B. Section 3.1—Definitions 

Section 3.1 proposed alterations to the 

scope of persons who, by reason of their 

ownership of securities of a registrant, 

must be listed as a principal. The 

Commission proposed to narrow the 

current category of persons in 

§ 3.1(a)(2)(i) to only those individuals 

who are the owners or are entitled to 

vote or have the power to sell or direct 

the sale of 10 percent or more of the 

outstanding shares of any class of equity 

securities, other than non-voting 

securities. The Commission intended to 

narrow the scope of the provision 

because the existing provision was overinclusive, in that it captured individuals 

without the ability to influence a 

company’s actions, such as owners of 

10% of a class of preferred stock. 

However, upon further reflection, the 

Commission is concerned that the 

Proposal might, in other ways, be underinclusive, in that it would fail to capture 

an owner who might indirectly have the 

power—such as through a membership 

agreement—to dictate upfront the 

entity’s activities that are subject to 

regulation by the Commission. 

Consequently, in order to strike the right 

balance between the over-inclusive 

existing provision and the underinclusive proposed language, the 

Commission is modifying § 3.1(a)(2)(i) 

to include individuals who have the 

power to exercise a controlling 

influence over the entity’s activities that 

are subject to regulation by the 

Commission.8


sroberts on DSK5SPTVN1PROD with RULES