5682 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Rules and Regulations 

the market needs of their customers. 

The industry has been discussing this 

issue for the last two weeks, and the 

Committee has kept the industry well 

informed.

List of Subjects in 7 CFR Part 905 

Grapefruit, Marketing agreements, 

Oranges, Reporting and recordkeeping 

requirements, Tangelos, Tangerines.

For the reasons set forth in the 

preamble, 7 CFR part 905 is amended as 

follows:

PART 905—ORANGES, GRAPEFRUIT, 

TANGERINES, AND TANGELOS 

GROWN IN FLORIDA 

1. The authority citation for 7 CFR 

Part 905 continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 905.350 [Amended] 

2. In § 905.350, the weekly percentage 

for ‘‘(v) 2/9/04 through 2/15/04’’ is 

changed from ‘‘40’’ to ‘‘50’’.

Dated: February 3, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–2653 Filed 2–4–04; 11:02 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 77

[Docket No. FAA–2003–14972; Special 

Federal Aviation Regulation No. 98] 

RIN 2120–AH83

Construction or Alteration in the 

Vicinity of the Private Residence of the 

President of the United States

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Disposition of comments on 

interim final rule. 

SUMMARY: On April 22, 2003, the FAA 

adopted requirements concerning 

proposed construction or alteration of 

structures in the vicinity of the private 

residence of the President of the United 

States in Crawford, Texas. The rule 

requires that notice be filed with the 

FAA for the proposed construction or 

alteration of any object that exceeds 50 

feet above ground level (AGL) and is 

within the existing lateral confines of 

the prohibited airspace over the private 

residence of the President of the United 

States (P–49). The rule was adopted for 

purposes of national defense and will 

assist in protecting the President of the 

United States. The rule does not apply 

to prior construction or alteration of 

objects and the rule will terminate at the 

end of the President’s term in office. 

This action is a summary and 

disposition of comments received on the 

interim final rule.

FOR FURTHER INFORMATION CONTACT:

Sheri Edgett-Baron, Airspace and Rules 

Division, ATA–400, Office of Air Traffic 

Airspace Management, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–8783.

SUPPLEMENTARY INFORMATION: 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) Web page 

(http://dms.dot.gov/search); 

(2) Visiting the Office of Rulemaking’s 

Web page at http://www.faa.gov/avr/

arm/index.cfm; or 

(3) Accessing the Government 

Printing Office’s Web page at http://

www.access.gpo.gov/su_docs/aces/

aces140.html.

You can also get a copy by submitting 

a request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue, 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the amendment number or 

docket number of this rulemaking. 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

statement in the Federal Register

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://dms.dot.gov.

Background 

On March 26, 2001, the FAA 

published a final rule in the Federal 

Register establishing prohibited 

airspace (P–49) over the private 

residence of the President in Crawford, 

Texas (66 FR 16391). [The FAA 

subsequently modified P–49 by 

relocating the center of the prohibited 

area approximately one-half mile east, 

southeast (68 FR 7917; February 19, 

2003.)] The airspace designation is 

necessary to enhance security in the 

immediate vicinity of the presidential 

residence and assist the SSPPD in 

accomplishing its mission of providing 

security for the President of the United 

States. While that rule prohibits 

unauthorized aircraft from flying within 

the designated airspace, it does not 

address certain flight safety and national 

security issues concerning the transport 

of the President. 

The President’s private residence in 

Crawford, Texas has several landing 

areas for Presidential aircraft. Each 

landing area must be accessible by 

flying several different approaches, 

depending on the weather, threat 

conditions, aircraft being used, and 

departure location. Also, the special 

operating procedures used by the 

United States Marine Corps (USMC) and 

the Secret Service Presidential 

Protective Division (SSPPD), including 

the use of multiple aircraft, nonstandard flight techniques and other 

special security provisions, require the 

airspace surrounding the landing areas 

to be clear of obstructions that could 

affect these operating procedures and 

the safety of the President. Obstructions 

above 50 feet AGL in certain locations 

within the designated area could inhibit 

the flexibility of these special operating 

procedures and could compromise the 

safe transportation and the security of 

the President, particularly in emergency 

situations. 

Discussion of Comments 

The FAA received three comments on 

the Construction or Alteration in the 

Vicinity of the Private Residence of the 

President of the United States interim 

final rule (Special Federal Aviation 

Regulation (SFAR) No. 98). 

All of the commenters opposed the 

regulation. The commenters were 

concerned that the regulation would 

only be in effect for the term of the 

current President and that the regulation 

might have a detrimental effect on the 

local business community. In addition, 

one commenter questioned whether the 

FAA would pass a rule like this one for 

every future President. If not, the 

commenter questioned why the FAA 

was enacting this rule for one man. 

The FAA appreciates the commenters 

concerns. It is significant that the rule 

does not explicitly prohibit all proposed 

construction within the affected area. 

Certain new construction or alteration to 

existing structures that would exceed 50 

feet AGL may in fact be compatible with 

the safe and secure transport of the 

President. Under the adopted process, 

the proponent of the construction/

alteration must submit detailed 

information regarding the proposed 

construction/alteration. If the FAA, in 

consultation with the USMC and the 

SSPPD, determines that it would not 

adversely affect safety and not result in 

a hazard to air navigation, the FAA

Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Rules and Regulations 5683

would issue a Determination of No 

Hazard. 

As noted by commenters, the interim 

final rule that the FAA published on 

April 22, 2003 (68 FR 19730) will be in 

effect only for the duration of President 

George W. Bush’s term of office. The 

FAA recognizes that all Presidents’

private residences raise safety and 

national security concerns. However, 

the protections necessary to ensure the 

safe ingress and egress of the President 

may vary substantially depending on 

the nature and location of each 

President’s residence. As we stated in 

SFAR No. 98, we anticipate that similar 

rules, tailored to the security concerns 

of the Presidential residence, may be 

needed at other locations to protect the 

transportation of future Presidents. 

Conclusion 

After consideration of the comments 

submitted in response to the interim 

final rule, the FAA has determined that 

no further rulemaking action is 

necessary. SFAR No. 98 remains in 

effect as adopted.

Issued in Washington, DC, on January 29, 

2004. 

Marion C. Blakey, 

Administrator.

[FR Doc. 04–2450 Filed 2–5–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30403; Amdt. No. 3088] 

Standard Instrument Approach 

Procedures; Miscellaneous 

Amendments

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This amendment establishes, 

amends, suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) 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, addition of 

new obstacles, or changes in 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 February 6, 

2004. The compliance date for each 

SIAP 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 February 6, 

2004.

ADDRESSES: Availability of matters 

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 Flight Inspection Area Office 

which originated the SIAP; or, 

4. The Office of Federal Register, 800 

North Capitol Street, NW., Suite 700, 

Washington, DC. 

For Purchase—Individual SIAP 

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. 

By Subscription—Copies of all SIAPs, 

mailed once every 2 weeks, are for sale 

by the Superintendent of Documents, 

U.S. Government Printing Office, 

Washington, DC 20402.

FOR FURTHER INFORMATION CONTACT:

Donald P. Pate, Flight Procedure 

Standards Branch (AMCAFS–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 

amendment to part 97 of the Federal 

Aviation Regulations (14 CFR part 97) 

establishes, amends, suspends, or 

revokes Standard Instrument Approach 

Procedures (SIAPs). The complete 

regulatory description of each SIAP is 

contained in official FAA form 

documents which are incorporated by 

reference in this amendment under 5 

U.S.C. 552(a), 1 CFR part 51, and § 97.20 

of the Federal Aviation Regulations 

(FAR). The applicable FAA Forms are 

identified as FAA Forms 8260–3, 8260–

4, and 8260–5. Materials incorporated 

by reference are available for 

examination or purchase as stated 

above. 

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. The 

provisions of this amendment state the 

affected CFR (and FAR) sections, with 

the types and effective dates of the 

SIAPs. This amendment also identifies 

the airport, its location, the procedure 

identification and the amendment 

number.

The Rule 

This amendment to part 97 is effective 

upon publication of each separate SIAP 

as contained in the transmittal. Some 

SIAP amendments may have been 

previously issued by the FAA in a 

National Flight Data Center (NFDC) 

Notice to Airmen (NOTAM) as an 

emergency action of immediate flight 

safety relating directly to published 

aeronautical charts. The circumstances 

which created the need for some SIAP 

amendments may require making them 

effective in less than 30 days. For the 

remaining SIAPs, an effective date at 

least 30 days after publication is 

provided. 

Further, the SIAPs contained in this 

amendment are based on the criteria 

contained in the U.S. Standard for 

Terminal Instrument Procedures 

(TERPS). In developing these SIAPs, the 

TERPS criteria were applied to the 

conditions existing or anticipated at the 

affected airports. Because of the close 

and immediate relationship between 

these SIAPs and 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 some 

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