Federal Register, Volume 74, Number 71, April 15, 2009, Pages 17371-17586 Page: 17,392
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17392 Federal Register/Vol. 74, No. 71/Wednesday, April 15, 2009/Rules and Regulations
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
m 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
a 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. 4118'11" N., long. 9553'39" W.)
Omaha, Offutt AFB, NE
(Lat. 4107'10" N., long. 9554'31" W.)
Council Bluffs, Council Bluffs Municipal
Airport, IA
(Lat. 4115'36" N., long. 9545'31" W.)
Blair, Blair Municipal Airport, NE
(Lat. 4124'53" N., long. 9606'32" 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 mileseach 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 confidentialtreatment for information they are
required to submit under parts 40 and
41 of the Commission's regulations,'
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
1 Part 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 indirectsubsidiary of CME Group, Inc.
4 73 FR 44939 (Aug. 1, 2008).
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United States. Office of the Federal Register. Federal Register, Volume 74, Number 71, April 15, 2009, Pages 17371-17586, periodical, April 15, 2009; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc132933/m1/29/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.