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###### Department of Transportation

###### Federal Aviation Administration

          - 14 CFR Part 97
          - [Docket No. 30681; Amdt. No. 3334]

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Final Rule.

# SUMMARY:

This 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 August 18, 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 August 18, 2009.                    

# 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 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                           ( print page 41616)                        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 and Takeoff Minimums and ODPs are available online free of charge. Visit                     *http://www.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 Divisions, 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 of the Code of Federal Regulations, Part 97 (14 CFR part 97), by establishing, amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS. The complete regulators description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when required by an entry on 8260-15A.

                    The large number of SIAPs, Takeoff Minimums and ODPs, in addition to their complex nature and the need for a special format make publication in the                     **Federal Register**                     expensive and impractical. Furthermore, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their depiction on charts printed by publishers of aeronautical materials. The advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA forms is unnecessary. This amendment provides the affected CFR sections and specifies the types of SIAPs and the effective dates of the associated Takeoff Minimums and ODPs. 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, Takeoff Minimums and ODP as contained in the transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments may have been issued previously by the FAA in a Flight Data Center (FDC) 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 and Takeoff Minimums and ODP amendments may require making them effective in less than 30 days. For the remaining SIAPS and Takeoff Minimums and ODPS, an effective date at least 30 days after publication is provided.

Further, the SIAPs and Takeoff Minimums and ODPS contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPS and Takeoff Minimums and ODPs, 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, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedures before adopting these SIAPS, Takeoff Minimums and ODPs 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 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)

Issued in Washington, DC on August 7, 2009.

John M. Allen,

Director, Flight Standards Service.

## Adoption of the Amendment

Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or revoking Standard Instrument Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure Procedures effective at 0902 UTC on the dates specified, as follows:

# PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES

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.

2. Part 97 is amended to read as follows: 

## Effective 27 AUG 2009

Bethel, AK, Bethel, RNAV (GPS) RWY 1R, Orig.

Bethel, AK, Bethel, RNAV (GPS) RWY 19L, Orig.

Lewiston, ID, Lewiston-Nez Perce County, ILS RWY 26, Amdt 12.

Lewiston, ID, Lewiston-Nez Perce County, RNAV (GPS) RWY 8, Amdt 1.

Lewiston, ID, Lewiston-Nez Perce County, RNAV (GPS) RWY 12, Amdt 1.

Lewiston, ID, Lewiston-Nez Perce County, RNAV (GPS) RWY 26, Orig.

Lewiston, ID, Lewiston-Nez Perce County, VOR RWY 26, Amdt 13.

Teterboro, NJ, Teterboro, Takeoff Minimums and Obstacle DP, Amdt 6.

Tooele, UT, Bolinder Field-Tooele Valley, ILS OR LOC/DME RWY 17, Amdt 1.

Tooele, UT, Bolinder Field-Tooele Valley, RNAV (GPS) Y RWY 17, Orig.

Tooele, UT, Bolinder Field-Tooele Valley, RNAV (GPS) Z RWY 17, Amdt 2.

## Effective 24 SEP 2009

Washington, DC, Ronald Reagan Washington Natl, VOR/DME RNAV OR GPS RWY 4, Amdt 6B, CANCELLED.

Hollywood, FL, North Perry, Takeoff Minimums and Obstacle DP, Amdt 3.

Plains, GA, Peterson Field, Takeoff Minimums and Obstacle DP, Orig.

Dixon, IL, Dixon Muni-Charles R Walgreen Field, RNAV (GPS) RWY 8, Orig-A.

Dixon, IL, Dixon Muni-Charles R Walgreen Field, RNAV (GPS) RWY 26, Orig-A.

Dixon, IL, Dixon Muni-Charles R Walgreen Field, VOR-A, Amdt 10A.

Moline, IL, Quad City Intl, ILS OR LOC RWY 27, Amdt 2.

Moline, IL, Quad City Intl, RNAV (GPS) RWY 13, Amdt 1.

Moline, IL, Quad City Intl, RNAV (GPS) RWY 31, Amdt 1.

                            Millinocket, ME, Millinocket Muni, VOR RWY 29, Orig-A.                                  ( print page 41617)    

Clinton, NC, Sampson County, Takeoff Minimums and Obstacle DP, Amdt 1.

Fayetteville, NC, Fayetteville Regional/Grannis Field, LOC BC RWY 22, Amdt 7.

Fayetteville, NC, Fayetteville Regional/Grannis Field, RNAV (GPS) RWY 22, Amdt 3.

Fayetteville, NC, Fayetteville Regional/Grannis Field, VOR RWY 22, Amdt 7.

Hatteras, NC, Billy Mitchell, Takeoff Minimums and Obstacle DP, Orig.

Lincolnton, NC, Lincolnton-Lincoln Rgnl, GPS RWY 5, Orig, CANCELLED.

Lincolnton, NC, Lincolnton-Lincoln Rgnl, RNAV (GPS) RWY 5, Orig.

Lincolnton, NC, Lincolnton-Lincoln Rgnl RNAV (GPS) RWY 23, Orig.

Teterboro, NJ, Teterboro, RNAV (GPS) Y RWY 6, Amdt 2.

Teterboro, NJ, Teterboro, RNAV (RNP) RWY 19, Orig.

Teterboro, NJ, Teterboro, RNAV (RNP) Z RWY 6, Orig.

Jamestown, TN, Jamestown Muni, Takeoff Minimums and Obstacle DP, Orig.

Provo, UT, Provo Muni, RNAV (GPS) RWY 13, Amdt 1A.

Green Bay, WI, Austin Straubel Intl, VOR/DME OR TACAN RWY 36, Amdt 10.

## Effective 22 OCT 2009

Jackson, TN, Mc Kellar-Sipes Rgnl, VOR RWY 2, Amdt 13.

Livingston, TN, Livingston Muni, RNAV (GPS) RWY 3, Orig.

Livingston, TN, Livingston Muni, RNAV (GPS) RWY 21, Orig.

Livingston, TN, Livingston Muni, Takeoff Minimums and Obstacle DP, Amdt 2.

Livingston, TN, Livingston Muni, VOR/DME RWY 21, Amdt 5.

[FR Doc. E9-19658 Filed 8-17-09; 8:45 am]

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