Federal Register / Vol. 62, No. 55 / Friday, March 21, 1997 / Proposed Rules 13563

between the Bishop VOR and Lidat

Intersection, 36.5 miles 12,500 feet MSL,

10,500 feet MSL Lidat Intersection and

within 4.3 miles each side of a direct course

between Bishop VOR and Beatty VORTAC

69.5 miles 12,500 feet MSL, 10,500 feet MSL

Beatty.

* * * * *

Issued in Los Angeles, California, on

March 7, 1997.

Sabra W. Kaulia,

Acting Manager, Air Traffic Division,

Western-Pacific Region.

[FR Doc. 97–7230 Filed 3–20–97; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 71

[Airspace Docket No. 97–AWP–12]

Proposed Revision of Class E

Airspace; Marysville, CA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to revise

the Class E Airspace area at Marysville,

CA. This action removes from the

Marysville airspace description that

portion of airspace defined for

instrument operations at Truckee-Tahoe

Airport, CA. A review of airspace

classification and air traffic procedures

has made this action necessary. The

intended effect of this action is to

remove overlapping descriptions of

controlled airspace since the purpose

and requirements for Truckee-Tahoe

Airport, CA have changed.

DATES: Comments must be received on

or before April 15, 1997.

ADDRESSES: Send comments on the

proposal in triplicate to: Federal

Aviation Administration, Attn:

Manager, Operations Branch, AWP–530,

Docket No. 97–AWP–12, Air Traffic

Division, P.O. Box 92007, Worldway

Postal Center, Los Angeles, California

90009.

The official docket may be examined

in the Office of the Assistant Chief

Counsel, Western Pacific Region,

Federal Aviation Administration, Room

6007, 15000 Aviation Boulevard,

Lawndale, California 90261.

An informal docket may also be

examined during normal business at the

Office of the Manager, Operations

Branch, Air Traffic Division at the above

address.

FOR FURTHER INFORMATION CONTACT:

William Buck, Airspace Specialist,

Operations Branch, AWP–530, Air

Traffic Division, Western-Pacific

Region, Federal Aviation

Administration, 15000 Aviation

Boulevard, Lawndale, California 90261,

telephone (310) 275–6556.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

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 the

airspace docket number and be

submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipt of their

comments on this notice must submit

with the comments a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 97–

AWP–12.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or 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 comments received. All comments

submitted will be available for

examination in the Operations Branch,

Air Traffic Division, at 15000 Aviation

Boulevard, Lawndale, California 90261,

both before and after the closing date for

comments. A report summarizing each

substantive public contact with FAA

personnel concerned with the

rulemaking will be filed in the docket.

Availability of NPRM

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, Operations

Branch, P.O. Box 92007, Worldway

Postal Center, Los Angeles, California

90009. Communications must identify

the notice number of this NPRM.

Persons interested in being placed on a

mailing list for future NPRM’s should

also request a copy of Advisory Circular

No. 11–2A, which describes the

application procedures.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

revise the Class E airspace area at

Marysville, CA. This action removes

from the Marysville airspace description

that portion of airspace defined for

instrument operations at Truckee-Tahoe

Airport, CA. A review of airspace

classification and air traffic procedures

has made this action necessary. The

intended effect of this action is to

remove overlapping descriptions of

controlled airspace since the purpose

and requirements for Truckee-Tahoe

Airport, CA have changed. Class E

airspace areas are published in

Paragraph 6005 of FAA Order 7400.9D

dated September 4, 1996, and effective

September 16, 1996, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document would be

published subsequently in this 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.

Therefore, this proposed regulation—(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 10034; 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

would 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 71

Airspace, Incorporation by reference,

Navigation (air).

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me, the Federal

Aviation Administration proposes to

amend part 71 of the Federal Aviation

Regulations (14 CFR part 71) as follows:

PART 71—[AMENDED]

1. The authority citation for 14 CFR

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; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9D, Airspace

Designations and Reporting Points,

dated September 4, 1996, and effective

September 16, 1996, is amended as

follows:
13564 Federal Register / Vol. 62, No. 55 / Friday, March 21, 1997 / Proposed Rules

1Rules referred to herein can be found at 17

C.F.R. Ch. I (1996).

2The term ‘‘customer funds’’ is defined in Rule

1.3(gg).

3 If adopted, the proposed changes will also

require the Division to revise Financial and

Segregation Interpretation No. 7, which includes

the following statement:

Under Regulations 1.23 and 1.25 such obligations

must be: (1) purchased with money deposited in an

account used for the deposit of customers’ funds;

(2) made through such an account; and (3) the

proceeds from any sale of such obligations must be

redeposited in such an account. Thus, all additions

to and withdrawals from customer segregated funds

which represent topping up by the FCM to cover

actual or expected customer deficits must be in the

form of cash.

1 Comm. Fut. L. Rep. (CCH) ¶ 7117, at 7124 (July

23, 1980).

Paragraph 6005 Class E airspace.

* * * * *

AWP CA E5 Marysville, CA

Marysville Yuba County Airport, CA

(Lat. 39°05′52′′ N, long. 121°34′11′′ W)

Marysville Beale AFB, CA

(Lat. 39°08′10′′ N, long. 121°26′12′′ W)

Marysville Beale AFB TACAN

(Lat. 39°08′05′′ N, long. 121°26′26′′ W)

Marysville VOR/DME

(Lat. 39°05′55′′ N, long. 121°34′23′′ W)

Mustang VORTAC

(Lat. 39°31′53′′ N, long. 119°39′22′′ W)

Lincoln Municipal Airport, CA

(Lat. 38°54′33′′ N, long. 121°21′05′′ W)

Sierraville Dearwater Airport, CA

(39°34′51.653′′ N, 120°21′15.745′′ W)

That airspace extending upward from 700

feet above the surface within an 8.7-mile

radius of Beale AFB and 2 miles each side

of a 345° bearing from the Lincoln Municipal

Airport and within a 7-mile radius of Yuba

County Airport and within 7.8 miles west

and 4.3 miles east of Beale AFB TACAN 342°

radial extending from the Beale AFB 8.7-mile

radius to 25 miles northwest of the Beale

AFB TACAN and within 7 miles west and 4.3

miles east of the Marysville VOR 343° radial,

extending from the Yuba County Airport 7-

mile radius to 10.4 miles northwest of the

Marysville VOR and within 7 miles

southwest and 4.3 miles northeast of the

Marysville VOR 153° radial extending from

the Yuba County Airport 7-mile radius to

10.4 miles southeast of the Marysville VOR.

That airspace extending upward from 1,200

feet above the surface bounded on the east by

a line extending from lat. 40°00′00′′ N, long.

120°30′04′′ W; to lat. 39°30′00′′ N, long.

120°30′04′′ W; to lat. 39°30′00′′ N, long.

120°19′04′′ W; to lat. 39°07′00′′ N, long.

120°19′04′′ W; thence counterclockwise via

the 39.1-mile radius of the Mustang VORTAC

to lat. 39°00′00′′ N; thence via lat. 39°00′00′′

N, to the west boundary of V–23; thence

bounded on the west by the west boundary

of V–23, on the northwest by the Red Bluff,

CA Class E airspace area, and on the north

by lat. 40°00′00′′ N. That airspace extending

upward from 8,500 feet MSL bounded on the

south by lat. 40°00′00′′ N, on the west and

northwest by the Red Bluff, CA and Maxwell,

CA Class E airspace areas, on the north by

lat. 40°45′00′′ N, and on the east by a line

extending from lat. 40°45′00′′ N, long.

121°39′04′′ W; to lat. 40°23′00′′ N, long.

121°39′04′′ W; to lat. 40°23′00′′ N, long

121°25′04′′ W; to lat. 40°00′00′′ N, long.

121°25′04′′ W. That airspace extending

upward from 10,500 feet MSL bounded on

the east by long. 120°19′04′′ W; on the south

by the Truckee-Tahoe Class E airspace area,

including that airspace within a 2-mile

radius of the Sierraville Dearwater Airport,

thence north via long. 120°30′04′′ W; to lat.

40°00′00′′ N, long. 120°30′04′′ W; to lat.

40°00′00′′ N, long. 121°25′04′′ W; on the west

by long. 121°25′04′′ W, and on the north by

lat. 40°45′00′′ N. That airspace extending

upward from 12,500 feet MSL bounded on

the east by long. 121°25′04′′ W; on the south

by lat. 40°23′00′′ N, on the west by long.

121°39′04′′ W; and on the north lat. 40°45′00′′

N.

* * * * *

Issued in Los Angeles, California, on

March 3, 1997.

Michael Lammes,

Acting Manager, Air Traffic Division,

Western-Pacific Region.

[FR Doc. 97–7224 Filed 3–20–97; 8:45 am]

BILLING CODE 4910–13–M

COMMODITY FUTURES TRADING

COMMISSION

17 CFR Part 1

Securities Representing Investment of

Customer Funds Held in Segregated

Accounts by Futures Commission

Merchants

AGENCY: Commodity Futures Trading

Commission.

ACTION: Proposed rules.

SUMMARY: The Commodity Futures

Trading Commission (‘‘Commission’’) is

proposing to amend Rules 1.23, 1.25,

and 1.27 to permit futures commission

merchants (‘‘FCMs’’) to increase or

decrease the amount of funds segregated

for the benefit of commodity customers

by making direct transfers of permitted

securities into and out of segregated

safekeeping accounts. The types of

securities in which customer funds can

be invested and which will now be

directly transferable are set forth in Rule

1.25. Currently, FCMs can only make

direct transfers of cash to augment the

customer segregated account.

Furthermore, in order to provide

additional assurance that there will be

a clear audit trail for such permitted

transfers of securities, Rule 1.27 is

proposed to be amended to require that

the description of the investment

securities, required by the rule, include

the security identification number

developed by the Committee on

Uniform Security Identification

Procedures (‘‘CUSIP Number’’).

DATES: Comments must be received on

or before April 21, 1997.

ADDRESSES: Comments on the proposed

rules should be sent to Jean A. Webb,

Secretary, Commodity Futures Trading

Commission, Three Lafayette Center,

1155 21st Street, N.W., Washington,

D.C. 20581. Comments may be sent by

facsimile transmission to (202) 418–

5528, or by electronic mail to

secretary@cftc.gov. Reference should be

made to ‘‘Securities Representing

Investment of Customer Funds.’’

FOR FURTHER INFORMATION CONTACT: Paul

H. Bjarnason, Chief Accountant, or

Lawrence B. Patent, Associate Chief

Counsel, Division of Trading and

Markets (‘‘Division’’), Commodity

Futures Trading Commission, Three

Lafayette Center, 1155 21st Street, N.W.,

Washington, D.C. 20581. Telephone

(202) 418–5430.

SUPPLEMENTARY INFORMATION: The

Commission is proposing technical

amendments to Rules 1.23, 1.25, and

1.27.1 These changes will permit FCMs

to transfer unencumbered securities

directly from the proprietary domain

into a segregated safekeeping account at

a bank or trust company, if they are the

types of securities that are permitted

investments of customer funds 2 under

Rule 1.25, in order to increase the

amount of funds segregated for the

benefit of commodity customers. It will

also permit an FCM to transfer such

securities directly from such a

segregated safekeeping account to the

proprietary domain, to the extent the

FCM has excess funds in segregation.

I. Investment of Customers’ Segregated

Funds

A. Background

Section 4d(2) of the Commodity

Exchange Act and Rule 1.25 restrict the

types of securities in which customer

funds can be invested by FCMs to

obligations of the United States, general

obligations of any State or any political

subdivision thereof, and obligations

fully guaranteed as to principal and

interest by the United States (‘‘Qualified

Investments’’). Rule 1.25 also requires

all such investments to be purchased

from, and the proceeds of any sale to be

deposited into, an account or accounts

used for the deposit of customer funds.

Rule 1.23 currently allows an FCM to

add to the funds segregated for

customers through transfers of cash into

a segregated account and to reduce its

residual interest by cash withdrawals

payable directly to the FCM.3

Current Commission rules and

Division interpretations do not permit

FCMs to increase their interest in

segregated funds by directly transferring

into a segregated account Qualified

Investments which they may own.