
[Federal Register: March 31, 2009 (Volume 74, Number 60)]
[Rules and Regulations]               
[Page 14474-14475]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr09-8]                         

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DEPARTMENT OF TRANSPORTATION

14 CFR Part 97

[Docket No. 30659; Amdt. No. 3315]

 
Standard Instrument Approach Procedures, and Takeoff Minimums and 
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final Rule.

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SUMMARY: This rule establishes, amends, suspends, or revokes Standard 
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums 
and Obstacle Departure Procedures for operations at certain airports. 
These regulatory actions are needed because of the adoption of new or 
revised criteria, or because of changes occurring in the National 
Airspace System, such as the commissioning of new navigational 
facilities, adding new obstacles, or changing air traffic requirements. 
These changes are designed to provide safe and efficient use of the 
navigable airspace and to promote safe flight operations under 
instrument flight rules at the affected airports.

DATES: This rule is effective March 31, 2009. The compliance date for 
each SIAP, associated Takeoff Minimums, and ODP is specified in the 
amendatory provisions.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 31, 2009.

ADDRESSES: Availability of matter incorporated by reference in the 
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence 
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected 
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur 
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability_All SIAPs are available online free of charge. Visit 
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff 
Minimums and ODP copies may be obtained from:
    1.FAA Public Inquiry Center (APA-200), FAA Headquarters Building, 
800 Independence Avenue, SW., Washington, DC 20591; or
    2.The FAA Regional Office of the region in which the affected 
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure 
Standards Branch (AFS-420) Flight Technologies and Programs Division, 
Flight Standards Service, Federal Aviation Administration, Mike 
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma 
City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125) 
telephone: (405) 954-4164.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal 
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs. 
The complete regulatory description of each SIAP is listed on the 
appropriate FAA Form 8260, as modified by the National Flight Data 
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated 
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a 
special format make their verbatim publication in the Federal Register 
expensive and impractical. Further, airmen do not use the regulatory 
text of the SIAPs, but refer to their graphic depiction on charts 
printed by publishers of aeronautical materials. Thus, the advantages 
of incorporation by reference are realized and publication of the 
complete description of each SIAP contained in FAA form documents is 
unnecessary. This amendment provides the affected CFR sections and 
specifies the types of SIAP and the corresponding effective dates. This 
amendment also identifies the airport and its location, the procedure 
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of 
each separate SIAP as amended in the transmittal. For safety and 
timeliness of change considerations, this amendment incorporates only 
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this 
amendment are based on the criteria contained in the U.S. Standard for 
Terminal Instrument Procedures (TERPS). In developing these changes to 
SIAPs, the TERPS criteria were applied only to specific conditions 
existing at the affected airports. All SIAP amendments in this rule 
have been previously issued by the FAA in a FDC NOTAM as an emergency 
action of immediate flight safety relating directly to published 
aeronautical charts. The circumstances which created the need for all 
these SIAP amendments requires making them effective in less than 30 
days.
    Because of the close and immediate relationship between these SIAPs 
and

[[Page 14475]]

safety in air commerce, I find that notice and public procedure before 
adopting these SIAPs are impracticable and contrary to the public 
interest and, where applicable, that good cause exists for making these 
SIAPs effective in less than 30 days.

Conclusion

    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. 
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. For the same reason, the FAA 
certifies that this amendment will 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 97

    Air traffic control, Airports, Incorporation by reference, and 
Navigation (Air).

John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code 
of Federal regulations, part 97, 14 CFR part 97, is amended by amending 
Standard Instrument Approach Procedures, effective at 0901 UTC on the 
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:


Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35  [Amended]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or 
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.  
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, ISMLS, MLS/DME, MLS/RNAV; 
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER 
SIAPs.

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        FDC date               State                 City                   Airport           FDC No.                        Subject
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02/20/09...............  SC                 NEWBERRY..............  NEWBERRY COUNTY.......       9/6480  NDB RWY 22, AMDT 6
02/23/09...............  MD                 FREDERICK.............  FREDERICK MUNI........       9/6582  ILS OR LOC RWY 23, AMDT 5B
02/27/09...............  NY                 BATAVIA...............  GENESEE COUNTY........       9/7308  ILS OR LOC RWY 28, AMDT 6
03/03/09...............  ID                 CALDWELL..............  CALDWELL INDUSTRIAL...       9/7641  NDB RWY 30, AMDT 1
03/03/09...............  ID                 CALDWELL..............  CALDWELL INDUSTRIAL...       9/7642  RNAV (GPS) RWY 30, AMDT 1
03/03/09...............  ID                 CALDWELL..............  CALDWELL INDUSTRIAL...       9/7643  RNAV (GPS) RWY 12, AMDT 1
03/03/09...............  CA                 MODESTO...............  MODESTO CITY-CO-HARRY        9/7694  ILS OR LOC/DME RWY 28R, AMDT 14
                                                                     SHAM FLD.
03/03/09...............  KS                 WICHITA...............  BEECH FACTORY.........       9/7696  VOR/DME RNAV RWY 36, ORIG
03/03/09...............  KS                 WICHITA...............  BEECH FACTORY.........       9/7697  VOR/DME RNAV RWY 18, ORIG
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 [FR Doc. E9-7039 Filed 3-30-09; 8:45 am]

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