Establishment of Class E Airspace; Umatilla, FL, 52425-52426 [2013-20512]
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Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Rules and Regulations
That airspace extending upward from 700
feet above the surface within a 9.8-mile
radius of the Mark Anton Airport, and that
airspace within a 6-mile radius of the Point
in Space Coordinates (lat. 35°37′34″ N., long
85°10′38″ W.) serving Bledsoe County
Hospital, Pikeville, TN.
*
*
*
*
*
ASO TN E5 Cleveland, TN [New]
Cleveland Regional Jetport, TN
(Lat. 35°12′41″ N., long. 84°47′59″ W.)
Bradley Memorial Hospital, TN, Point in
Space Coordinates
(Lat. 35°10′52″ N., long. 84°52′56″ W.)
That airspace extending upward from 700
feet above the surface within a 7.4-mile
radius of Cleveland Regional Jetport, and
within 2-miles each side of the 209° bearing
from the airport, extending from the 7.4-mile
radius to 12-miles southwest of the airport,
and within a 6-mile radius of the Point in
Space Coordinates (lat. 35°10′52″ N.,
long.84°52′56″ W.) serving Bradley Memorial
Hospital.
*
*
*
*
*
ASO TN E5 Bradley Memorial Hospital,
Cleveland, TN [ Removed]
Issued in College Park, Georgia, on August
16, 2013.
Kip B. Johns,
Manager, Operations Support Group, Eastern
Service Center, Air Traffic Organization.
[FR Doc. 2013–20499 Filed 8–22–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2013–0002; Airspace
Docket No. 12–ASO–46]
Establishment of Class E Airspace;
Umatilla, FL
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action establishes Class
E Airspace at Umatilla, FL, to
accommodate the Area Navigation
(RNAV) Global Positioning System
(GPS) Standard Instrument Approach
Procedures at Umatilla Municipal
Airport. This action enhances the safety
and airspace management of Instrument
Flight Rules (IFR) operations within the
National Airspace System.
DATES: Effective 0901 UTC, December
12, 2013. The Director of the Federal
Register approves this incorporation by
reference action under title 1, Code of
Federal Regulations, part 51, subject to
the annual revision of FAA Order
7400.9 and publication of conforming
amendments.
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:22 Aug 22, 2013
Jkt 229001
John
Fornito, Operations Support Group,
Eastern Service Center, Federal Aviation
Administration, P.O. Box 20636,
Atlanta, Georgia 30320; telephone (404)
305–6364.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
History
On June 4, 2013, the FAA published
in the Federal Register a notice of
proposed rulemaking (NPRM) to
establish Class E airspace at Umatilla,
FL (78 FR 33265) Docket No. FAA–
2013–0002. 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 7400.9W
dated August 8, 2012, and effective
September 15, 2012, which is
incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
The Rule
This amendment to Title 14, Code of
Federal Regulations (14 CFR) part 71
establishes Class E airspace extending
upward from 700 feet above the surface
within a 6.7-mile radius of the airport at
Umatilla, FL, providing the controlled
airspace required to accommodate the
new RNAV (GPS) Standard Instrument
Approach Procedures developed for
Umatilla Municipal Airport. This action
is necessary for the safety and
management of IFR operations at the
airport.
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, is non-controversial and
unlikely to result in adverse or negative
comments. 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. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does 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 United States Code.
Subtitle I, Section 106 describes the
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
52425
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 establishes
controlled airspace at Umatilla
Municipal Airport, Umatilla, FL.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1E, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 311a. This airspace action is
not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
Lists 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 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 Federal Aviation
Administration Order 7400.9W,
Airspace Designations and Reporting
Points, dated August 8, 2012, effective
September 15, 2012, is amended as
follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward from 700 feet or More
Above the Surface of the Earth
*
*
*
*
*
ASO FL E5 Umatilla, FL [New]
Umatilla Municipal Airport, FL
(Lat. 28°55′27″ N., long. 82°39′07″ W.)
That airspace extending upward from 700
feet above the surface within a 6.7-mile
radius of Umatilla Municipal Airport.
E:\FR\FM\23AUR1.SGM
23AUR1
52426
Federal Register / Vol. 78, No. 164 / Friday, August 23, 2013 / Rules and Regulations
Issued in College Park, Georgia, on August
16, 2013.
Kip B. Johns,
Manager, Operations Support Group, Eastern
Service Center, Air Traffic Organization.
[FR Doc. 2013–20512 Filed 8–22–13; 8:45 am]
BILLING CODE 4910–13–P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Part 1
RIN 3038–AD64
Retail Commodity Transactions Under
Commodity Exchange Act
Commodity Futures Trading
Commission.
ACTION: Interpretation.
AGENCY:
On December 14, 2011, the
Commodity Futures Trading
Commission (‘‘Commission’’ or
‘‘CFTC’’) issued in the Federal Register
an interpretation (‘‘Interpretation’’)
regarding the meaning of the term
‘‘actual delivery,’’ as set forth in the
Commodity Exchange Act. The
Commission also requested public
comment on whether the Interpretation
accurately construed the statutory
language. In response to the comments
received, the Commission has
determined to clarify its Interpretation.
DATES: Effective August 23, 2013.
FOR FURTHER INFORMATION CONTACT:
Rosemary Hollinger, Regional Counsel,
Division of Enforcement, 312–596–0538,
rhollinger@cftc.gov, or Martin B. White,
Assistant General Counsel, Office of the
General Counsel, 202–418–5129,
mwhite@cftc.gov, Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street NW.,
Washington, DC 20581.
SUPPLEMENTARY INFORMATION:
SUMMARY:
emcdonald on DSK67QTVN1PROD with RULES
I. Background
On July 21, 2010, President Obama
signed the Dodd-Frank Wall Street
Reform and Consumer Protection Act
(‘‘Dodd-Frank Act’’).1 Title VII of the
Dodd-Frank Act 2 amended the
Commodity Exchange Act (‘‘CEA’’) 3 to
establish a comprehensive new
regulatory framework for swaps and
security-based swaps. The legislation
was enacted to reduce risk, increase
1 See Dodd-Frank Wall Street Reform and
Consumer Protection Act of 2010, Public Law 111–
203, 124 Stat. 1376 (2010). The text of the DoddFrank Act may be accessed at https://www.cftc.gov/
LawRegulation/OTCDERIVATIVES/index.htm.
2 Pursuant to section 701 of the Dodd-Frank Act,
Title VII may be cited as the ‘‘Wall Street
Transparency and Accountability Act of 2010.’’
3 7 U.S.C. 1 et seq.
VerDate Mar<15>2010
16:22 Aug 22, 2013
Jkt 229001
transparency, and promote market
integrity within the financial system by,
among other things: (1) Providing for the
registration and comprehensive
regulation of swap dealers and major
swap participants; (2) imposing clearing
and trade execution requirements on
standardized derivative products; (3)
creating robust recordkeeping and realtime reporting regimes; and (4)
enhancing the Commission’s
rulemaking and enforcement authorities
with respect to, among others, all
registered entities and intermediaries
subject to the Commission’s oversight.
In addition, section 742(a) of the
Dodd-Frank Act amends section 2(c)(2)
of the CEA to add a new subparagraph,
section 2(c)(2)(D) of the CEA,4 entitled
‘‘Retail Commodity Transactions.’’ New
CEA section 2(c)(2)(D) broadly applies
to any agreement, contract, or
transaction in any commodity that is
entered into with, or offered to (even if
not entered into with), a non-eligible
contract participant or non-eligible
commercial entity on a leveraged or
margined basis, or financed by the
offeror, the counterparty, or a person
acting in concert with the offeror or
counterparty on a similar basis.5 New
CEA section 2(c)(2)(D) further provides
that such an agreement, contract, or
transaction shall be subject to CEA
sections 4(a),6 4(b),7 and 4b 8 as if the
agreement, contract, or transaction was
a contract of sale of a commodity for
future delivery.9
New CEA section 2(c)(2)(D) excepts
certain transactions from its application.
In particular, new CEA section
2(c)(2)(D)(ii)(III)(aa) 10 excepts a contract
of sale that results in actual delivery
within 28 days or such other longer
period as the Commission may
determine by rule or regulation based
upon the typical commercial practice in
cash or spot markets for the commodity
involved.11
On December 14, 2011, the
Commission issued an Interpretation
inviting public comment on whether its
stated interpretation of the term ‘‘actual
delivery,’’ as used in new CEA section
47
U.S.C. 2(c)(2)(D).
U.S.C. 2(c)(2)(D)(i).
6 7 U.S.C. 6(a) (prohibition against off-exchange
contracts of sale of a commodity for future
delivery).
7 7 U.S.C. 6(b) (regulation of foreign boards of
trade with United States participants).
8 7 U.S.C. 6b (prohibition against fraud).
9 7 U.S.C. 2(c)(2)(D)(iii).
10 7 U.S.C. 2(c)(2)(D)(ii)(III)(aa).
11 The Commission has not adopted any
regulations permitting a longer actual delivery
period for any commodity pursuant to new CEA
section 2(c)(2)(D)(ii)(III)(aa). Accordingly, the 28day actual delivery period set forth in this provision
remains applicable to all commodities.
57
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
2(c)(2)(D)(ii)(III)(aa), accurately
construes the statutory language.12 The
Commission received several public
comments on the Interpretation. After
thoroughly reviewing those comments,
the Commission has determined to
clarify its Interpretation in response to
the comments received.
II. Summary of Comments
A. Comments Generally
The Commission received 13
comments in response to its
Interpretation.13 The comments
included 11 comment letters that
addressed the Interpretation. These 11
comment letters were submitted by
entities representing a broad range of
interests, including a self-regulatory
organization,14 precious metals dealers
and depository companies,15 law
firms,16 trade associations comprised of
energy producers and suppliers,17 and
electricity and natural gas suppliers.18
Of the 11 comment letters addressing
the Interpretation, two voiced general
support for the Interpretation. For
example, NFA stated:
NFA fully supports the Commission’s
proposed interpretation of the term [actual
delivery] and believes that it is consistent
with the statutory language.
The comment letter submitted by
DGG expressed its appreciation of the
Commission’s efforts to ‘‘curtail any
fraudulent retail commodity
transactions occurring by unscrupulous
actors.’’ DGG further urged the
Commission to consider delivery of
precious metals to affiliates of the seller,
but not to the seller itself, as
constituting actual delivery under new
CEA section 2(c)(2)(D)(ii)(III)(aa), stating
that ‘‘[w]hile we understand the CFTC’s
desire to ensure, among other things,
that the seller actually has the
commodity to deliver, an affiliate of one
of the limited types of depositories
described in Example 2 [of the
Interpretation] are unlikely to be the
12 Retail Commodity Transactions Under
Commodity Exchange Act, 76 FR 77670 (Dec. 14,
2011).
13 The comment file may be accessed at https://
comments.cftc.gov/PublicComments/
CommentList.aspx?id=1124.
14 National Futures Association (NFA).
15 Dillon Gage Group (DGG) and Monex Deposit
Company and its affiliate (MDC).
16 J.B. Grossman P.A. (JBG), Greenberg Traurig,
LLP (GBT), and Rothgerber Johnson & Lyons LLP
(RJL).
17 National Energy Markets Association (NEM),
Retail Energy Supply Association (RESA), and
Commercial Energy Working Group (CEWG).
18 Constellation NewEnergy, Inc., Green
Mountain Energy Company, Direct Energy Services,
LLC, Exelon Energy Company, Reliant Energy Retail
Holdings, LLC, Liberty Power Corporation, and
Champion Energy Services, LLC.
E:\FR\FM\23AUR1.SGM
23AUR1
Agencies
[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Rules and Regulations]
[Pages 52425-52426]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20512]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2013-0002; Airspace Docket No. 12-ASO-46]
Establishment of Class E Airspace; Umatilla, FL
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action establishes Class E Airspace at Umatilla, FL, to
accommodate the Area Navigation (RNAV) Global Positioning System (GPS)
Standard Instrument Approach Procedures at Umatilla Municipal Airport.
This action enhances the safety and airspace management of Instrument
Flight Rules (IFR) operations within the National Airspace System.
DATES: Effective 0901 UTC, December 12, 2013. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.
FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.
SUPPLEMENTARY INFORMATION:
History
On June 4, 2013, the FAA published in the Federal Register a notice
of proposed rulemaking (NPRM) to establish Class E airspace at
Umatilla, FL (78 FR 33265) Docket No. FAA-2013-0002. 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 7400.9W dated August 8, 2012, and effective September 15, 2012,
which is incorporated by reference in 14 CFR 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.
The Rule
This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace extending upward from 700 feet
above the surface within a 6.7-mile radius of the airport at Umatilla,
FL, providing the controlled airspace required to accommodate the new
RNAV (GPS) Standard Instrument Approach Procedures developed for
Umatilla Municipal Airport. This action is necessary for the safety and
management of IFR operations at the airport.
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, is
non-controversial and unlikely to result in adverse or negative
comments. 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. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does 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
United States Code. Subtitle I, 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 establishes
controlled airspace at Umatilla Municipal Airport, Umatilla, FL.
Environmental Review
The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.
Lists 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
0
1. The authority citation for 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.
Sec. 71.1 [Amended]
0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9W, Airspace Designations and Reporting
Points, dated August 8, 2012, effective September 15, 2012, is amended
as follows:
Paragraph 6005 Class E Airspace Areas Extending Upward from 700
feet or More Above the Surface of the Earth
* * * * *
ASO FL E5 Umatilla, FL [New]
Umatilla Municipal Airport, FL
(Lat. 28[deg]55'27'' N., long. 82[deg]39'07'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of Umatilla Municipal Airport.
[[Page 52426]]
Issued in College Park, Georgia, on August 16, 2013.
Kip B. Johns,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2013-20512 Filed 8-22-13; 8:45 am]
BILLING CODE 4910-13-P