Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations 48649 

Sumter, SC, Sumter, RNAV (GPS) Y RWY 23, 

Orig 

Sumter, SC, Sumter, RNAV (GPS) Z RWY 23, 

Orig 

Sumter, SC, Sumter, Takeoff Minimums and 

Obstacle DP, Amdt 1 

Aberdeen, SD, Aberdeen Rgnl, VOR RWY 31, 

Amdt 21 

Aberdeen, SD, Aberdeen Rgnl, VOR/DME 

RWY 13, Amdt 13 

Rockwood, TN, Rockwood Muni, VOR/DME 

RWY 22, Amdt 6 

Dallas-Fort Worth, TX, Dallas-Fort Worth 

Intl, RNAV (RNP) Z RWY 13R, Orig-B 

Dallas-Fort Worth, TX, Dallas-Fort Worth 

Intl, RNAV (RNP) Z RWY 31L, Orig-B 

Dallas-Fort Worth, TX, Dallas-Fort Worth 

Intl, RNAV (RNP) Z RWY 31R, Amdt 1A 

Eagle Pass, TX, Maverick County Memorial 

Intl, RNAV (GPS) RWY 13, Orig 

Grand Praire, TX, Grand Praire Muni, Takeoff 

Minimums and Obstacle DP, Amdt 4 

Brigham City, UT, Brigham City, Takeoff 

Minimums and Obstacle DP, Amdt 5 

Huntington, UT, Huntington Muni, Takeoff 

Minimums and Obstacle DP, Amdt 2A 

Eastsound, WA, Orcas Island, RNAV (GPS)- 

A, Orig 

Eastsound, WA, Orcas Island, Takeoff 

Minimums and Obstacle DP, Orig 

Ellensburg, WA, Bowers Field, RNAV (GPS) 

RWY 25, Amdt 1 

Ellensburg, WA, Bowers Field, RNAV (GPS) 

RWY 29, Amdt 1 

Hoquiam, WA, Bowerman, ILS OR LOC/DME 

RWY 24, Amdt 3 

Port Angeles, WA, William R. Fairchild Intl, 

RNAV (GPS) RWY 26, Orig 

[FR Doc. E9–22059 Filed 9–23–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

14 CFR Part 97 

[Docket No. 30686; Amdt. No. 3339] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

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 September 

24, 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 September 

24, 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 http:// 

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 § 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 

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 


cprice-sewell on DSK2BSOYB1PROD with RULES
48650 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations 

‘‘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 September 4, 

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 amending Standard 

Instrument Approach Procedures, 

effective at 0901 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: 

By amending: § 97.23 VOR, VOR/ 

DME, VOR or TACAN, and VOR/DME 

or TACAN; § 97.25 LOC, LOC/DME, 

LDA, LDA/DME, SDF, SDF/DME; 

§ 97.27 NDB, NDB/DME; § 97.29 ILS, 

ILS/DME, MLS, MLS/DME, MLS/RNAV; 

§ 97.31 RADAR SIAPs; § 97.33 RNAV 

SIAPs; and § 97.35 COPTER SIAPs, 

Identified as follows: 

* * * Effective Upon Publication 

AIRAC date State City Airport FDC No. FDC date Subject 

22–Oct–09 ... IA COUNCIL BLUFFS ............. COUNCIL BLUFFS MUNI ... 9/5812 8/22/2009 RNAV (GPS) RWY 32, ORIG. 

22–Oct–09 ... OK MC ALESTER ..................... MC ALESTER RGNL .......... 9/5892 8/24/2009 VOR/DME RWY 20, AMDT 20C. 

22–Oct–09 ... OK MC ALESTER ..................... MC ALESTER RGNL .......... 9/5904 8/24/2009 LOC RWY 2, AMDT 4A. 

22–Oct–09 ... CO HOLYOKE ........................... HOLYOKE ........................... 9/6789 8/24/2009 RNAV (GPS) RWY 14, ORIG–A. 

22–Oct–09 ... WA BELLINGHAM ..................... BELLINGHAM INTL ............ 9/6999 8/24/2009 RNAV (GPS) RWY 34, ORIG–A. 

22–Oct–09 ... AZ FORT HUACHUCA/SIERRA 

VISTA.

SIERRA VISTA MUNILIBBY AAF.9/7966 9/2/2009 RADAR–1, AMDT 4. 

22–Oct–09 ... AZ FORT HUACHUCA/SIERRA 

VISTA.

SIERRA VISTA MUNILIBBY AAF.9/7967 9/2/2009 RNAV (GPS) RWY 8, ORIG. 

[FR Doc. E9–22072 Filed 9–23–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Parts 40, 41, and 45 

[Docket No. TTB–2009–0002; T.D. TTB–81; 

Re: Notice No. 99, T.D. TTB–78, Notice No. 

95] 

RIN 1513–AB75 

Extension of Package Use-Up Rule for 

Roll-Your-Own Tobacco and Pipe 

Tobacco (2009R–368P) 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Temporary rule; Treasury 

decision. 

SUMMARY: On June 22, 2009, the Alcohol 

and Tobacco Tax and Trade Bureau 

published T.D. TTB–78, which included 

amendments to the notice requirements 

applicable to packages of roll-your-own 

tobacco and pipe tobacco. The 

temporary regulations provided a useup period, until August 1, 2009, for 

manufacturers and importers to 

continue to remove packages that did 

not meet the new notice requirements. 

Those temporary regulations also 

included a new rule governing when a 

product in a package bearing the 

declaration ‘‘pipe tobacco’’ would be 

classified as roll-your-own tobacco for 

tax purposes. This temporary rule 

extends the use-up period and delays 

application of the new classification 

rule. It also corrects two minor errors in 

the previously published regulatory 

texts. We also are soliciting comments 

from all interested parties on these new 

amendments through a notice of 

proposed rulemaking published 

elsewhere in this issue of the Federal 

Register. 

DATES: Effective Date: This temporary 

rule is effective September 24, 2009 

through June 22, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Amy R. Greenberg, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau (202–453–2265). 

SUPPLEMENTARY INFORMATION: 

Background 

On June 22, 2009, the Alcohol and 

Tobacco Tax and Trade Bureau (TTB) 

published a temporary rule in the 

Federal Register (T.D. TTB–78, 74 FR 

29401) to implement certain changes 

made to the Internal Revenue Code of 

1986 by the Children’s Health Insurance 

Program Reauthorization Act of 2009 

(Pub. L. 111–3; 123 Stat. 8) (the Act). 

The regulatory changes made by the 

temporary rule went into effect on June 

22, 2009. In the same issue of the 

Federal Register, TTB published a 

notice of proposed rulemaking (Notice 

No. 95, 74 FR 29433) inviting comments 

on the temporary regulations. 

The temporary rule included new 

requirements regarding the packaging 

and labeling of pipe tobacco and rollyour-own tobacco to distinguish 

between these two products for tax 

purposes and to reflect the expansion of 

the statutory definition of roll-your-own 

tobacco generally to include cigar 

wrapper and filler. Specifically, the 

amendments adopted in the temporary 

rule resulted in the following regulatory 

standards: 

• A package of processed tobacco that 

bears the notice required for pipe 

tobacco is deemed to be roll-your-own 

tobacco if the package does not bear the 

words ‘‘pipe tobacco’’ in direct 

conjunction with, parallel to, and in 

substantially the same conspicuousness 

of type and background as the brand 

name each time the brand name appears 

on the package, or if the package or 

accompanying materials bear any 

representation that would suggest a use 

other than as pipe tobacco. (See 27 CFR 

40.25a(b) and 41.30(b)). 

• Only the words ‘‘pipe tobacco’’ are 

acceptable as a designation on a package 

of pipe tobacco. The words ‘‘Tax Class 

L’’ are no longer authorized as an 

alternative designation. (See 27 CFR 

40.216a(a), 41.72a(a), and 45.45a(a)). 

However, a manufacturer or importer 


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