### 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


### 51897 Federal Register / Vol. 77, No. 167 / Tuesday, August 28, 2012 / Rules and Regulations

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.


### 51898 Federal Register / Vol. 77, No. 167 / Tuesday, August 28, 2012 / Rules and Regulations

1 See 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.

4 The comments the Commission received on the Proposal are currently available on the
Commission’s Web site.

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

6 The 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 effectiveand/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. 7 NFA 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 regulatorydevelopments 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 provisionbecause 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 theProposal 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-inclusiveexisting 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