39778 Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Proposed Rules

Region, Federal Aviation

Administration, 15000 Aviation

Boulevard, Lawndale, California, 90261,

telephone (310) 725-6539.

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. 98–

AWP–1.’’ 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 Airspace Branch, Air

Traffic Division, 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 this

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, Airspace

Branch, 15000 Aviation Boulevard,

Lawndale, California 90261.

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 14 CFR part 71 by

modifying the Class E airspace area at

Colusa, CA. The establishment of a GPS

RWY 13 and GPS RWY 31 SIAP at

Colusa County Airport has made this

proposal necessary. Additional

controlled airspace extending upward

from 700 feet above the surface is

needed to contain aircraft executing the

approach and departure procedures at

Colusa County Airport. The intended

effect of this proposal is to provide

adequate controlled airspace for aircraft

executing the GPS RWY 13 and GPS

RWY 31 SIAP at Colusa County Airport,

Colusa, CA. Class E airspace

designations are published in paragraph

6005 of FAA Order 7400.9E dated

September 10, 1997, and effective

September 16, 1997, 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 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

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

In consideration of the foregoing, the

Federal Aviation Administration

proposes to amend 14 CFR part 71 as

follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS; ROUTES;

AND REPORTING POINTS

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.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AWP CA E5 Colusa, CA [Revised]

Colusa County Airport, CA

(Lat. 39°10′45′′ N, long. 121°59′36′′ W)

That airspace extending upward from 700

feet above the surface within a 6.5-mile

radius of the Colusa County Airport. That

airspace extending upward from 1,200 feet

above the surface bounded on the east by the

west edge of V–23, on the south by the north

edge of V–200 and on the west by the west

edge of V–195.

* * * * *

Issued in Los Angeles, California, on July

16, 1998.

Charles A. Ullmann,

Acting Manager, Air Traffic Division,

Western-Pacific Region.

[FR Doc. 98–19846 Filed 7–23–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 95–ANM–3]

RIN 2120–AA66

Proposed Alteration of Federal

Airways V–19, V–148, and V–263;

Colorado

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Proposed rule; withdrawal.

SUMMARY: This action withdraws the

notice of proposed rulemaking (NPRM)

published in the Federal Register on

August 2, 1995. The NPRM proposed to

realign three Federal airways located in

Colorado (CO), when the Byers, CO,

Very High Frequency Omnidirectional

Range/Distance measuring Equipment

(VOR/DME) became operational as part

of the new Denver Airport airspace

realignment. The FAA has determined

that withdrawal of the proposal is

warranted due to an in-flight

aeronautical evaluation (flight check)

which revealed that the proposed

airways would not meet FAA designed

criteria.

DATES: The withdrawal is effective July

24, 1998.

FOR FURTHER INFORMATION CONTACT: Ken

McElroy, Airspace and Rules Division,

ATA–400, Office of Air Traffic Airspace

Management, Federal Aviation

Administration, 800 Independence
Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Proposed Rules 39779

1 7 U.S.C. 6(a) (1994).

2 7 U.S.C. 7 (1994). Section 5 of the Act authorizes

the Commission to designate any board of trade as

a contract market provided that the board of trade

complies with certain conditions and requirements

set forth in the Act.

3Section 4(a) of the Act states in relevant part:

. . . [I]t shall be unlawful for any person to offer

to enter into, to enter into, execute, to confirm the

execution of, or to conduct any office or business

anywhere in the U.S., its territories or possessions,

for the purpose of soliciting, or accepting any order

for, or otherwise dealing in, any transaction in, or

in connection with, a contract for the purchase or

sale of a commodity for future delivery (other than

a contract which is made on or subject to the rules

of a board of trade, exchange, or market located

outside the U.S., its territories or possessions)

unless—

(1) such transaction is conducted on or subject to

the rules of a board of trade which has been

designated by the Commission as a ‘‘contract

market’’ for such commodity; [and]

(2) such contract is executed or consummated by

or through a member of such contract market[.]

4The Commission has defined the terms ‘‘foreign

futures’’ and ‘‘foreign options’’ in Rules 30.1 (a) and

(b). Commission rules cited herein can be found at

17 CFR Ch. I (1998).

5Section 4(b) of the Act states in pertinent part:

The Commission may adopt rules and regulations

proscribing fraud and requiring minimum financial

standards, the disclosure of risk, the filing of

Continued

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION: On August

2, 1995, an NPRM was published in the

Federal Register proposing to amend 14

CFR part 71 to realign three Federal

airways located in Colorado. No

comments were received on the

proposal.

The FAA has decided to withdraw the

proposal at this time because the flight

check revealed that the proposed

airways would not meet FAA criteria for

such routes.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Withdrawal of the Proposed Rule

In consideration of the foregoing, the

Notice of Proposed Rulemaking,

Airspace Docket No. 95–ANM–3, as

published in the Federal Register on

August 2, 1995 (60 FR 39280), is hereby

withdrawn.

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

Issued in Washington, DC, on July 15,

1998.

Reginald C. Matthews,

Acting Program Director for Air Traffic

Airspace Management.

[FR Doc. 98–19579 Filed 7–23–98; 8:45 am]

BILLING CODE 4910–13–P

COMMODITY FUTURES TRADING

COMMISSION

17 CFR Part 30

Concept Release on the Placement of

a Foreign Board of Trade’s Computer

Terminals in the United States

AGENCY: Commodity Futures Trading

Commission.

ACTION: Request for comment.

SUMMARY: The Commodity Futures

Trading Commission (‘‘CFTC’’ or

‘‘Commission’’) is publishing this

release to solicit the views of the public

on how to address issues related to the

placement by foreign boards of trade of

computer terminals in the U.S. that

would be used for the purpose of

facilitating the trading of products

available through those boards of trade.

The Commission’s staff has received

requests for no-action positions and

other inquiries regarding the

Commission’s regulatory treatment with

respect to foreign board of trade

computer terminals placed in the U.S.

In general, these boards of trade, their

members or their members’ affiliates

have sought confirmation from the

Commission’s staff that the placement

and usage of trading terminals in U.S.

offices of foreign board of trade

members and/or their affiliates would

not require the foreign board of trade to

be designated as a ‘‘contract market’’

under the Commodity Exchange Act

(‘‘Act’’). In light of a significant increase

in these types of requests, the

Commission believes that it is

appropriate to address the subject by

way of the notice and comment

rulemaking process. The Commission

intends to propose rules and ultimately

to adopt rules to govern the treatment of

foreign terminals in the U.S. Toward

this end, the Commission believes that

it is appropriate first to issue this

concept release to solicit public

comment regarding issues raised with

respect to foreign terminal placement

and usage in the U.S.

DATE: Comments must be received on or

before September 22, 1998.

ADDRESSES: Comments on the proposed

rules should be sent to Jean A. Webb,

Secretary of the Commission,

Commodity Futures Trading

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

Washington, D.C. 20581. In addition,

comments may be sent by facsimile

transmission to facsimile number (202)

418–5521 or by electronic mail to

secretary@cftc.gov. Reference should be

made to ‘‘Foreign Board of Trade

Terminals.’’

FOR FURTHER INFORMATION CONTACT: I.

Michael Greenberger, Director, David M.

Battan, Chief Counsel, Lawrence B.

Patent, Associate Chief Counsel, or

Lawrence T. Eckert, Attorney Advisor,

Division of Trading and Markets,

Commodity Futures Trading

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

Washington, D.C. 20581. Telephone

(202) 418–5450.

SUPPLEMENTARY INFORMATION:

I. Background

A. Prior Views of Certain Commission Staff

Concerning Terminal Placement in the

U.S.

1. Prior Staff Views Related to Listing

Products of Foreign Boards of Trade on

Globex

2. Prior Staff Views Concerning the

Placement of Foreign Board of Trade

Terminals in the U.S.

B. Commission Approval of the Trading of

Products of Foreign Boards of Trade in

the U.S. Pursuant to Trading Link

Programs

C. Foreign Regulators’ Treatment of U.S.

Terminals in Their Jurisdictions

D. Order Routing and Execution of U.S.

Customer Orders on a Foreign Board of

Trade

II. Request for Comment

A. A Possible Approach for Foreign

Terminal Placement and Use in the U.S.

1. Petition Procedure

2. Conditions of an Order

3. Requests for Confirmation of Relief from

Members and Their Affiliates

B. Definitional Issues

1. Definition of Computer Terminal

2. Where May Computer Terminals Be

Located in the U.S.?

3. Definition of an ‘‘Affiliate’’ of a Foreign

Board of Trade Member

C. Other Issues Concerning Foreign Board

of Trade Terminal Placement in the U.S.

1. Bona Fide Foreign Board of Trade

2. Order Execution and Order Routing

Issues

3. Linkages Between Boards of Trade

III. Conclusion

I. Background

In general, under Section 4(a) of the

Act,1 a futures contract may be traded

lawfully in the U.S. only if it is traded

on or subject to the rules of a board of

trade that has been designated as a

‘‘contract market’’ under Section 5 of

the Act,2 unless the contract is traded on

or subject to the rules of a board of

trade, exchange or market located

outside the U.S.3 or is exempted from

the Act. With respect to the regulation

of transactions involving foreign

futures,4 Section 4(b) of the Act permits

the Commission to regulate persons who

offer or sell futures, but prohibits the

Commission from adopting any rule or

regulation that: (1) Would require

Commission approval of any foreign

board of trade contract, rule, regulation

or action; or (2) governs any rule,

contract term or action of a foreign

board of trade.5