Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Rules and Regulations 17391 

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 rule, when 

promulgated, will 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 U.S. Code. Subtitle 1, 

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 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 regulation is within the 

scope of that authority as it adds 

additional controlled airspace in the 

Battle Creek, MI airspace area, at W.K. 

Kellogg Airport, Battle Creek, MI. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE 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 part 71.1 of the Federal Aviation 

Administration Order 7400.9S, Airspace 

Designations and Reporting Points, 

signed October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

AGL MI E5 Battle Creek, MI [Amended] 

Battle Creek, W.K. Kellogg Airport, MI 

(Lat. 42°18′26′′ N., long. 85°15′05′′ W.) 

BATOL LOM/NDB 

(Lat. 42°21′43′′ N., long. 85°11′04′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7-mile radius 

of W.K. Kellogg Airport and within 4 miles 

each side of the 222° bearing from the airport 

extending from the 7-mile radius to 11.7 

miles southwest of the airport, and within 4 

miles each side of the 049° bearing from the 

airport extending from the 7-mile radius to 

10.9 miles northeast of the airport, and 

within 7 miles northwest and 4.4 miles 

southeast of the Battle Creek ILS localizer 

northeast course extending from the 7-mile 

radius to 10.4 miles northeast of the BATOL 

LOM/NDB. 

* * * * * 

Issued in Fort Worth, TX, on April 2, 2009. 

Anthony D. Roetzel, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. E9–8579 Filed 4–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–1228; Airspace 

Docket No. 08–ACE–3] 

Amendment of Class E Airspace; 

Omaha, NE 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace at Omaha, NE. Additional 

controlled airspace is necessary to 

accommodate Area Navigation (RNAV) 

Standard Instrument Approach 

Procedures (SIAP) at Blair Municipal 

Airport, Blair, NE. This action also 

makes minor changes to the geographic 

coordinates of the existing airports in 

the Omaha, NE, airspace area. The FAA 

is taking this action to enhance the 

safety and management of Instrument 

Flight Rule (IFR) operations at Blair 

Municipal Airport. 

DATES: Effective Date: 0901 UTC, July 2, 

2009. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR Part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd, Fort 

Worth, TX 76193–0530; telephone (817) 

321–7716. 

SUPPLEMENTARY INFORMATION: 

History 

On January 13, 2009, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

Class E airspace at Omaha, NE, adding 

additional controlled airspace at Blair 

Municipal Airport, Blair, NE. (74 FR 

1651, Docket No. FAA–2008–1228). 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Class E airspace 

designations are published in paragraph 

6005 of FAA Order 7400.9S signed 

October 3, 2008, and effective October 

31, 2008, which is incorporated by 

reference in 14 CFR Part 71.1. The Class 

E airspace designations listed in this 

document will be published 

subsequently in that Order. With the 

exception of editorial changes, and the 

changes described above, this rule is the 

same as that proposed in the NPRM. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

amending Class E airspace at Omaha, 

NE, adding additional controlled 

airspace at Blair Municipal Airport, 

Blair, NE. This action also updates s the 

geographic coordinates for Eppley 

Airfield, Offutt Air Force Base, and 

Council Bluffs Municipal Airport, to 

coincide with the National Aeronautical 

Charting Office. 

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. Therefore, this 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 rule, when 

promulgated, will 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 U.S. Code. Subtitle 1, 

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 rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 


rwilkins on PROD1PC63 with RULES
17392 Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Rules and Regulations 

1Part 40 of the Commission’s regulations, 17 CFR 

part 40, specifies the standards and procedures to 

be followed by regulated entities for listing 

products for trading by certification to the 

Commission; voluntary submission of new products 

for Commission review and approval; amendments 

to terms or conditions of enumerated agricultural 

contracts; voluntary submission of rules for 

Commission review and approval; and self 

certification of rules by DCMs and DCOs. Part 41, 

17 CFR part 41, contains the standards and 

procedures for filing required information with 

respect to security futures products. 

2 72 FR 39764. 

3 In August 2008, subsequent to the Commission’s 

Notice of Proposed Rulemaking in this matter, CME 

and NYMEX completed a merger. As a result, 

NYMEX is currently a wholly-owned indirect 

subsidiary of CME Group, Inc. 

4 73 FR 44939 (Aug. 1, 2008). 

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 regulation is within the 

scope of that authority as it adds 

additional controlled airspace at Blair 

Municipal Airport, Blair, NE. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE 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 part 71.1 of the Federal Aviation 

Administration Order 7400.9S, Airspace 

Designations and Reporting Points, 

signed October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

ACE NE E5 Omaha, NE [Amended] 

Omaha, Eppley Airfield, NE 

(Lat. 41°18′11′′ N., long. 95°53′39′′ W.) 

Omaha, Offutt AFB, NE 

(Lat. 41°07′10′′ N., long. 95°54′31′′ W.) 

Council Bluffs, Council Bluffs Municipal 

Airport, IA 

(Lat. 41°15′36′′ N., long. 95°45′31′′ W.) 

Blair, Blair Municipal Airport, NE 

(Lat. 41°24′53′′ N., long. 96°06′32′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.9-mile 

radius of Eppley Airfield and within 3 miles 

each side of the Eppley Airfield Runway 14R 

ILS Localizer course extending from the 6.9- 

mile radius to 12 miles northwest of the 

airport and within a 7-mile radius of Offutt 

AFB and within 4.3 miles each side of the 

Offutt AFB ILS Runway 30 localizer course 

extending from the 7-mile radius to 7.4 miles 

southeast of Offutt AFB and within a 6.4-mile 

radius of the Council Bluffs Municipal 

Airport, and within a 6.4-mile radius of Blair 

Municipal Airport, and within 2 miles each 

side of the 317° bearing from the Blair 

Municipal Airport extending from the 6.4- 

mile radius to 11.6 miles, and within 2 miles 

each side of the 137° bearing from the Blair 

Municipal Airport extending from the 6.4- 

mile radius to 12.2 miles. 

* * * * * 

Issued in Fort Worth, TX, on March 24, 

2009. 

Ronnie L. Uhlenhaker, 

Acting Manager, Operations Support Group, 

Central Service Center. 

[FR Doc. E9–8577 Filed 4–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 40, 41, and 145 

RIN 3038–AC44 

Confidential Information and 

Commission Records and Information 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commodity Futures 

Trading Commission is adopting final 

rules to specify the exclusive 

procedures under which designated 

contract markets (DCMs), derivatives 

clearing organizations (DCOs) and 

derivatives transaction execution 

facilities (DTEFs) (collectively, 

‘‘regulated entities’’) may request 

confidential treatment for products and 

rules submitted via certification 

procedures or for Commission review 

and approval under parts 40 and 41 of 

the Commission’s regulations. The 

amendments also revise the 

Commission’s part 145 regulations 

under the Freedom of Information Act 

by providing that the confidential 

treatment procedures specified in 

section 145.9 do not apply to 

information filed by regulated entities 

pursuant to parts 40 and 41. 

DATES: May 15, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Susan Nathan, Senior Special Counsel, 

(202) 418–5133, Division of Market 

Oversight, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. Electronic mail: 

snathan@cftc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Procedural History 

On July 20, 2007, the Commission 

requested comment from the public 

regarding its proposal to establish in 

part 40 of its regulations the exclusive 

procedure to be followed by regulated 

entities when requesting confidential 

treatment for information they are 

required to submit under parts 40 and 

41 of the Commission’s regulations,1

and to clarify the standards under 

which requests for confidential 

treatment will be considered.2 Three 

commenters responded to this proposal: 

the CME Group (‘‘CME’’), CBOE Futures 

Exchange (‘‘CFE’’) and the New York 

Mercantile Exchange (‘‘NYMEX’’).3

While CFE generally supported the 

proposal, CME and NYMEX questioned 

the merits of the proposed amendments 

and the adequacy of the Commission’s 

explanation for proposing the changes. 

In light of the CME and NYMEX 

comments, the Commission re-proposed 

the rule amendments in order to (1) 

Clarify the procedure for seeking review 

of an adverse determination; (2) amend 

Commission regulation 145.9 to make 

clear that that process for requesting 

confidential treatment under the 

Commission’s Freedom of Information 

Act regulations does not apply to 

submissions filed pursuant to parts 40 

and 41; and (3) address more fully the 

reasons for proposing the amendments. 

The Federal Register release 

announcing the re-proposal fully 

addressed the substantive issues raised 

by the commenters and invited 

additional public comment on one issue 

raised by NYMEX: whether the 

Commission should honor requests for 

confidential treatment of algorithms or 

similar trading tools that are 

mechanisms for executing transactions.4

CME submitted comments on this 

matter. 

B. Confidential Treatment of Trading 

Mechanisms 

1. Comments: Confidential Treatment of 

Information Made Public by Statute or 

Rule 

The Commodity Exchange Act 

(‘‘CEA’’) and regulations promulgated 

thereunder require that substantial 

portions of the material filed pursuant 

to Parts 40 and 41 be made publicly 

available by the submitters. Section 


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