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56606 Federal Register / Vol. 70, No.

187 / Wednesday, September 28, 2005 / Proposed Rules

the Code of Federal Regulations as DEPARTMENT OF TRANSPORTATION also submit comments through the
follows: Internet at http://dms.dot.gov.
Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: Paul
PART 300—NON-FEDERAL FUNDS Gallant, Airspace and Rules, Office of
14 CFR Part 71 System Operations Airspace and AIM,
1. The authority citation for part 300 Federal Aviation Administration, 800
[Docket No. FAA–2005–21694; Airspace
would continue to read as follows: Docket No. 04–ASO–16] Independence Avenue, SW.,
Authority: 2 U.S.C. 434(e), 438(a)(8), Washington, DC 20591; telephone: (202)
RIN 2120–AA66
441a(a), 441i, 453. 267–8783.
Proposed Establishment of Area SUPPLEMENTARY INFORMATION:
2. Section 300.2 would be amended
Navigation Instrument Flight Rules Comments Invited
by revising paragraphs (m) and (n) to
Terminal Transition Routes (RITTR);
read as follows: Jacksonville, FL Interested parties are invited to
§ 300.2 Definitions.
participate in this proposed rulemaking
AGENCY: Federal Aviation by submitting such written data, views,
* * * * * Administration (FAA), DOT. or arguments, as they may desire.
(m) To Solicit. For the purposes of ACTION: Notice of proposed rulemaking Comments that provide the factual basis
part 300, to solicit means to ask, suggest, (NPRM); Reopening of the comment supporting the views and suggestions
or recommend that another person make period. presented are particularly helpful in
a contribution, donation, transfer of developing reasoned regulatory
SUMMARY: This action proposes to
funds, or otherwise provide anything of decisions on the proposal. Comments
establish seven Area Navigation are specifically invited on the overall
value, whether it is to be made or Instrument Flight Rules Terminal
provided directly or through a conduit regulatory, aeronautical, economic,
Transition Routes (RITTR) in the environmental, and energy-related
or intermediary. A solicitation is a Jacksonville, FL, terminal area. RITTRs
written or oral communication, whether aspects of the proposal.
are low altitude Air Traffic Service Communications should identify both
explicit or implicit, construed as a routes, based on Area Navigation
reasonable person would understand it docket numbers (FAA Docket No. FAA–
(RNAV), for use by aircraft having 2005–21694 and Airspace Docket No.
in context. A solicitation does not instrument flight rules (IFR)-approved 04–ASO–16) and be submitted in
include merely providing information or Global Positioning System (GPS)/Global triplicate to the Docket Management
guidance as to the requirement of Navigation Satellite System (GNSS) System (see ADDRESSES section for
particular law. equipment. The purpose of RITTR is to address and phone number). You may
(n) To Direct. For the purposes of part expedite the handling of IFR overflight also submit comments through the
300, to direct means to guide a person aircraft through busy terminal airspace Internet at http://dms.dot.gov.
who has expressed an intent to make a areas. The FAA is proposing this action Commenters wishing the FAA to
contribution, donation, transfer of to enhance the safe and efficient use of acknowledge receipt of their comments
the navigable airspace in the on this action must submit with those
funds, or otherwise provide anything of
Jacksonville, FL, terminal area. This comments a self-addressed, stamped
value, by identifying a candidate,
proposed rulemaking action was postcard on which the following
political committee or organization, for originally published in the Federal
the receipt of a contribution, donation, statement is made: ‘‘Comments to FAA
Register on July 1, 2005 (70 FR 38053). Docket No. FAA–2005–21694 and
transfer of funds, or thing of value. The On that date, the proposal was listed in
contribution, donation, transfer, or thing Airspace Docket No. 04–ASO–16.’’ The
the table of contents under Proposed postcard will be date/time stamped and
of value may be made or provided Rules, ‘‘Class E airspace,’’ rather than
directly or through a conduit or returned to the commenter.
‘‘Area navigation routes.’’ Following the All communications received on or
intermediary. Direction does not close of the comment period, the FAA
include merely providing information or before the specified closing date for
was contacted by an aviation comments will be considered before
guidance as to the requirement of organization stating that they had not taking action on the proposed rule. The
particular law. seen the NPRM for this action and proposal contained in this action may
* * * * * desired to submit comments. It was be changed in light of comments
determined that no comments had been received. All comments submitted will
Dated: September 22, 2005.
received during the comment period. be available for examination in the
Scott E. Thomas, Therefore, the FAA has decided to public docket both before and after the
Chairman, Federal Election Commission. reopen the comment period for 30 days closing date for comments. A report
[FR Doc. 05–19330 Filed 9–27–05; 8:45 am] to provide an additional opportunity for summarizing each substantive public
BILLING CODE 6715–01–P any similarly affected parties to submit contact with FAA personnel concerned
comments. with this rulemaking will be filed in the
DATES: Comments must be received on docket.
or before October 28, 2005.
ADDRESSES: Send comments on this
Availability of NPRM’s
proposal to the Docket Management An electronic copy of this document
System, U.S. Department of may be downloaded through the
Transportation, Room Plaza 401, 400 Internet at http://dms.dot.gov. Recently
Seventh Street, SW., Washington, DC published rulemaking documents can
20590–0001. You must identify FAA also be accessed through the FAA’s web
Docket No. FAA–2005–21694 and page at http://www.faa.gov, or the
Airspace Docket No. 04–ASO–16, at the Federal Register’s web page at http://
beginning of your comments. You may www.gpoaccess.gov/fr/index.html.

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Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Proposed Rules 56607

You may review the public docket without reliance on ground-based The Proposal
containing the proposal, any comments navigation aids or ATC radar vectors. To The FAA is proposing to amend Title
received, and any final disposition in facilitate this goal, and reduce ATC 14 Code of Federal Regulations (14 CFR)
person in the Dockets Office (see workload, RITTR routes would be part 71 to establish seven RITTRs in the
ADDRESSES section for address and designed based on the tracks routinely Jacksonville, FL, terminal area. The
phone number) between 9 a.m. and 5 used by ATC to vector aircraft through routes would be designated T–204, T–
p.m., Monday through Friday, except or around the affected terminal area. 205, T–206, T–207, T–208, T–210, and
Federal holidays. An informal docket Additionally, the routes begin and T–211, and would be depicted on the
may also be examined during normal terminate at fixes or Navigational Aids appropriate IFR Enroute Low Altitude
business hours at the office of the located along existing VOR Federal charts. RITTRs are low altitude Air
Regional Air Traffic Division, Federal airways in order to provide connectivity Traffic Service routes, similar to VOR
Aviation Administration, 1701 with the low-altitude en route structure. Federal airways, but based on GNSS
Columbia Ave., College Park, GA 30337. Initially, only GNSS-equipped aircraft navigation. RNAV-equipped aircraft
Persons interested in being placed on capable of filing flight plan equipment
a mailing list for future NPRM’s should capable of filing flight plan equipment
suffix ‘‘/G’’ would be able to use suffix ‘‘/G’’ may file for these routes.
contact the FAA’s Office of Rulemaking, RITTRs. This proposed action would enhance
(202) 267–9677, for a copy of Advisory
RITTR Identification and Charting safety and facilitate more flexible and
Circular No. 11–2A, Notice of Proposed
efficient use of the navigable airspace
Rulemaking Distribution System, which RITTRs are identified by the letter
describes the application procedure. for en route IFR aircraft transitioning
‘‘T’’ prefix, followed by a three digit through the Jacksonville, FL, terminal
Background number. The ‘‘T’’ prefix is one of several area.
International Civil Aviation The FAA has determined that this
In March 2000, the Aircraft Owners
Organization (ICAO) designators used to proposed regulation only involves an
and Pilots Association (AOPA)
identify domestic RNAV routes. ICAO established body of technical
requested that the FAA take action to
has allocated to the FAA the letter ‘‘T’’ regulations for which frequent and
develop and chart IFR RNAV airways
prefix, along with the number block 200 routine amendments are necessary to
for use by aircraft having IFR-approved
to 500, for this purpose. keep them operationally current.
GPS equipment. Due to the density of
air traffic in some areas, en route aircraft RITTRs would be depicted in blue on Therefore, this proposed regulation: (1)
are not always able to fly on the existing the appropriate IFR en route low is not a ‘‘significant regulatory action’’
Federal airway structure when altitude chart(s). Each route depiction under Executive Order 12866; (2) is not
transiting congested terminal airspace. would include a GNSS Minimum a ‘‘significant rule’’ under Department of
In such cases, air traffic control (ATC) Enroute Altitude (MEA) to ensure Transportation (DOT) Regulatory
is often required to provide vectors to obstacle clearance and communications Policies and Procedures (44 FR 11034;
reroute aircraft transitioning through the reception. February 26, 1979); and (3) does not
area to avoid the heavy flow of arriving The FAA plans to publish information warrant preparation of a regulatory
and departing aircraft. AOPA stated that about the RITTR program in the evaluation as the anticipated impact is
RNAV airways should facilitate more Aeronautical Information Manual (AIM) so minimal. Since this is a routine
direct routings than are possible with and the Notices to Airmen Publication matter that will only affect air traffic
the current Federal airway structure and (NTAP). In addition, a Charting Notice procedures and air navigation, it is
should provide pilots with easier access would be issued by the FAA’s National certified that this proposed rule, when
through terminal airspace. In addition, Aeronautical Charting Office to explain promulgated, will not have a significant
AOPA encouraged the expanded use of the charting changes associated with the economic impact on a substantial
RNAV airways throughout the National RITTRs. number of small entities under the
Airspace System (NAS). Related Rulemaking criteria of the Regulatory Flexibility Act.
In response to the AOPA request, a List of Subjects in 14 CFR Part 71
cooperative effort was launched On April 8, 2003, the FAA published
involving the FAA, AOPA, and the a final rule, request for comments, Airspace, Incorporation by reference,
Government/Industry Aeronautical entitled Designation of Class A, B, C, D, Navigation (air).
Charting Forum. This effort began with and E Airspace Areas; Air Traffic The Proposed Amendment
the development of RNAV routes to Service Routes, and Reporting Points, in
provide more direct routing for en route the Federal Register (68 FR 16943). This In consideration of the foregoing, the
IFR aircraft to transition through busy rule adopted certain amendments Federal Aviation Administration
terminal airspace areas. This notice proposed in Notice No. 02–20, RNAV proposes to amend 14 CFR part 71 as
proposes to establish seven charted and Miscellaneous Amendments. This follows:
RITTRs for the Jacksonville, FL, rule revised and adopted several
definitions in FAA regulations, PART 71—DESIGNATION OF CLASS A,
terminal area. The RITTRs proposed in B, C, D, AND E AIRSPACE AREAS; AIR
this notice would be depicted on the including Air Traffic Service Routes, to
be in concert with ICAO definitions. TRAFFIC SERVICE ROUTES; AND
appropriate low altitude IFR en route REPORTING POINTS
chart(s). Additionally, the final rule reorganized
the structure of FAA regulations 1. The authority citation for part 71
RITTR Objective concerning the designation of Class A, continues to read as follows:
The objective of the RITTR program is B, C, D, and E airspace areas, airways, Authority: 49 U.S.C. 106(g), 40103, 40113,
to enhance the expeditious movement of routes, and reporting points. The rule 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
suitably equipped IFR aircraft around or was designed to facilitate the 1963 Comp., p. 389.
through congested terminal airspace establishment of RNAV routes in the
using IFR-approved RNAV equipment. National Airspace System for use by § 71.1 [Amended]
RITTRs would enhance the ability of aircraft with advanced navigation 2. The incorporation by reference in
pilots to navigate through the area system capabilities. 14 CFR 71.1 of FAA Order 7400.9N,

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56608 Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Proposed Rules

Airspace Designations and Reporting effective September 15, 2005, is Paragraph 6011—Area Navigation Routes.
Points, dated September 1, 2005, and amended as follows: * * * * *

T–204 Taylor, FL to Brunswick, GA [New]


Taylor, FL (TAY) ........................................... VORTAC ........................................................ (lat. 30°30′17″ N., long. 82°33′11″ W.)
Brunswick, GA (SSI) ..................................... VORTAC ........................................................ (lat. 31°03′02″ N., long. 81°26′46″ W.)
T–205 Valdosta, GA to Ocala, FL [New]
Valdosta, GA (OTK) ...................................... VOR/DME ...................................................... (lat. 30°46′50″ N., long. 83°16′47″ W.)
Ocala, FL (OCF) ............................................ VORTAC ........................................................ (lat. 29°10′39″ N., long. 82°13′35″ W.)
T–206 Cross City, FL to MONIA [New]
Cross City, FL (CTY) ..................................... VORTAC ........................................................ (lat. 29°35′57″ N., long. 83°02′55″ W.)
MONIA .......................................................... WP ................................................................. (lat. 30°28′49″ N., long. 82°02′53″ W.)
T–207 Waycross, GA to Ormond Beach, FL [New]
Waycross, GA (AYS) ..................................... VORTAC ........................................................ (lat. 31°16′10″ N., long. 82°33′23″ W.)
MONIA, FL .................................................... WP ................................................................. (lat. 30°28′49″ N., long. 82°02′53″ W.)
Cecil, FL (VQQ) ............................................. VOR ............................................................... (lat. 30°12′47″ N., long. 81°53′27″ W.)
CARRA ........................................................... WP ................................................................. (lat. 29°43′51″ N., long. 81°36′29″ W.)
Ormond Beach, FL (OMN) ........................... VORTAC ........................................................ (lat. 29°18′12″ N., long. 81°06′46″ W.)
T–208 Gators, FL to CARRA [New]
Gators, FL (GVN) ........................................... VORTAC ........................................................ (lat. 29°41′32″ N., long. 82°16′23″ W.)
CARRA ........................................................... WP ................................................................. (lat. 29°43′51″ N., long. 81°36′29″ W.)
T–210 Taylor, FL to Cecil, FL [New]
Taylor, FL (TAY) ........................................... VORTAC ........................................................ (lat. 30°30′17″ N., long. 82°33′10″ W.)
Cecil, FL (VQQ) ............................................. VOR ............................................................... (lat. 30°12′47″ N., long. 81°53′27″ W.)
T–211 Ocala, FL to CARRA [New]
Ocala, FL (OCF) ............................................ VORTAC ........................................................ (lat. 29°10′39″ N., long. 82°13′35″ W.)
JUTTS ............................................................ WP ................................................................. (lat. 29°36′00″ N., long. 82°02′00″ W.)
CARRA ........................................................... WP ................................................................. (lat. 29°43′51″ N., long. 81°36′29″ W.)

* * * * * DATES: Comments must be received on I. The Proposal


Issued in Washington, DC, on September or before November 28, 2005. A. Background
15, 2005. ADDRESSES: Comments on the Proposal Section 1a(6)(A) of the Commodity
Edith V. Parish, should be sent to Jean A. Webb, Exchange Act (Act) 1 defines the term
Acting Manager, Airspace and Rules. Secretary, Commodity Futures Trading ‘‘commodity trading advisor’’ to mean
[FR Doc. 05–19290 Filed 9–27–05; 8:45 am] Commission, Three Lafayette Centre, any person who:
BILLING CODE 4910–13–P 1155 21st Street, NW., Washington, DC (i) For compensation or profit, engages in
20581. Comments may be sent by the business of advising others, either
facsimile transmission to (202) 418– directly or through publications, writings, or
5528, or by e-mail to secretary@cftc.gov. electronic media, as to the value of or the
COMMODITY FUTURES TRADING advisability of trading in—
COMMISSION Reference should be made to ‘‘Proposed
(I) Any contract of sale of a commodity for
Rule Regarding the Definition of ‘Client’ future delivery made or to be made on or
17 CFR Part 1 of a Commodity Trading Advisor.’’ subject to the rules of a contract market or
Comments may also be submitted by derivatives transaction execution facility;
RIN 3038—AC20 connecting to the Federal eRulemaking (II) Any commodity option authorized
Portal at http://www.regulations.gov and under section 4c; or
Definition of ‘‘Client’’ of a Commodity following the comment submission (III) Any leverage transaction authorized
Trading Advisor under section 19; or
instructions. (ii) For compensation or profit, and as part
AGENCY: Commodity Futures Trading of a regular business, issues or promulgates
FOR FURTHER INFORMATION CONTACT: analyses or reports concerning any of the
Commission. Barbara S. Gold, Associate Director, or activities referred to in clause (i).
ACTION: Proposed rules. R. Stephen Painter, Jr., Staff Attorney,
Under the language of Section
SUMMARY: The Commodity Futures Division of Clearing and Intermediary 1a(6)(A) of the Act, the term
Trading Commission (Commission or Oversight, Commodity Futures Trading ‘‘commodity trading advisor’’ can
CFTC) is proposing to amend Rule Commission, Three Lafayette Centre, include advisors who provide
1.3(bb) by adding to that rule a 1155 21st Street, NW., Washington, DC nonpersonalized advice, such as
definition of the term ‘‘client,’’ as it 20581, telephone number: (202) 418– publishers of advisory newsletters or
relates to commodity trading advisors 5450 or (202) 418–5416, respectively; Web sites, as well as advisors who
(CTAs) (Proposal). This would clarify facsimile number: (202) 418–5528; and provide advice tailored to the needs of
inconsistencies in the Commission’s electronic mail: bgold@cftc.gov or particular persons and advisors who
regulations concerning the advisees of spainter@cftc.gov, respectively. direct other persons’ trading pursuant to
CTAs. The Proposal would also reflect a power of attorney or other written
SUPPLEMENTARY INFORMATION:
the Commission’s longstanding view
that its antifraud authority extends to all 1 7 U.S.C. 1a(6) (2000). The Act and the

Commission’s regulations issued thereunder can be


CTAs, irrespective of whether they accessed at http://www.access.gpo.gov/uscode/
provide advice on a personalized or title7/chapter1_.html and http://
nonpersonalized basis. www.gpoaccess.gov/ecfr, respectively.

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