39796 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30089; Amdt. No. 1998]

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 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: An effective date for each SIAP

is specified in the amendatory

provisions.

Incorporation by reference-approved

by the Director of the Federal Register

on December 31, 1980, and reapproved

as of January 1, 1982.

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 affected airport is

located; or

3. The Flight Inspection Area Office

which originated the SIAP.

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 on each SIAP is

contained in the appropriate FAA Form

8260 and the National Flight Data

Center (FDC)/Permanent (P) Notices to

Airmen (NOTAM) which are

incorporated by reference in the

amendment under 5 U.S.C. 552(a), 1

CFR part 51, and § 97.20 of the Federal

Aviation’s Regulations (FAR). 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 of 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 of the

Federal Aviation Regulations (14 CFR

part 97) establishes, amends, suspends,

or revokes SIAPs. For safety and

timeliness of change considerations, this

amendment incorporates only specific

changes contained in the content of the

following FDC/P NOTAMs for each

SIAP. The SIAP information in some

previously designated FDC/Temporary

(FDC/T) NOTAMs is of such duration as

to be permanent. With conversion to

FDC/P NOTAMs, the respective FDC/T

NOTAMs have been canceled.

The FDC/P NOTAMs for 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 chart changes to SIAPs by FDC/P

NOTAMs, the TERPS criteria were

applied to only these specific conditions

existing at the affected airports. All

SIAP amendments in this rule have

been previously issued by the FAA in a

National 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 all these

SIAP amendments requires making

them effective in less than 30 days.

Further, the SIAPs contained in this

amendment are based on the criteria

contained in the TERPS. 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

‘‘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,

Navigation (air).

Issued in Washington, DC on June 23,

2000.

L. Nicholas Lacey,

Director, Flight Standards Service.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me, part 97 of the

Federal Aviation Regulations (14 CFR

part 97) is amended by establishing

Regulations (14 CFR part 97) is

amended by establishing, amending,

suspending, or revoking Standard

Instrument Approach Procedures,

effective at 0901 UTC on the dates

specified, as follows:

Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations 39797

PART 97—STANDARD INSTRUMENT

APPROACH PROCEDURES

1. The authority citation for part 97 is

revised to read as follows:

Authority: 49 U.S.C. 40130, 40113, 40120,

44701; 49 U.S.C. 106(g); and 14 CFR

11.49)(b)(2).

2. Part 97 is amended to read as

follows:

§§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33

and 97.35 [Amended]

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, ISMLS, MLS, MLS/DME,

MLS/RNAV; § 97.31 RADAR SIAPs;

§ 97.33 RNAV SIAPs; and § 97.35

COPTER SIAPs, identified as follows:

* * * Effective Upon Publication

FDC date State City Airport FDC SIAP

04/17/00 ...... ID Boise ............................... Boise Air Terminal (Gowen Field) ....... 0/3788 ILS Rwy 10R, Amdt 8C...

06/01/00 ...... IL Champaign/Urbana ......... University of Illinois—Williard ............... 0/5785 GPS Rwy 18 Orig...

06/01/00 ...... MI Saginaw ........................... MBS Intl ............................................... 0/06682 VOR OR GPS RWY 32, AMDT

9...

This Replaces 0/5787

06/09/00 ...... FL Gainseville ....................... Gainsevill Regional .............................. 0/6193 NDB Rwy 28, Amdt 8B...

06/09/00 ...... MN Hibbing ............................ Chisholm-Hibbing ................................. 0/6178 VOR or GPS Rwy 13, Amdt 12...

06/09/00 ...... MN Hibbing ............................ Chisholm-Hibbing ................................. 0/6179 VOR or GPS Rwy 31, Amdt 16...

06/09/00 ...... NC New Bern ........................ Craven County Regional ...................... 0/6176 VOR or GPS Rwy 22, Amdt 1C...

06/12/00 ...... IL Chicago ........................... Chicago-O’Hare Intl ............................. 0/6259 ILS Rwy 4R, Amdt 6C...

06/12/00 ...... NC Charlottee ........................ Charlottee/Douglas Intl ........................ 0/6260 ILS Rwy 23, Amdt 1...

06/14/00 ...... MI Menominee ...................... Menominee—Marinette Twin County .. 0/6347 GPS Rwy 32, Orig...

This Replaces 0/5919

06/15/00 ...... FL Destin .............................. Destin-Fort Walton Beach .................... 0/06411 RNAV Rwy 32, Orig...

06/15/00 ...... FL Jacksonville ..................... Cecil Field ............................................ 0/6412 Radar-1, Orig...

06/15/00 ...... IL Chicago/Lake in the Hills Lake in the Hills ................................... 0/6380 VOR Rwy 26,Amdt 3...

06/15/00 ...... IL Chicago/Prospect Hgts/

Wheeling.

Palwaukee Muni ................................... 0/6416 GPS Rwy 16, Orig...

06/15/00 ...... IL Chicago ........................... Chicago-O’Hare Intl ............................. 0/6382 LOC Rwy 4L, Amdt 19C...

06/15/00 ...... IL Chicago ........................... Chicago-O’Hare Intl ............................. 0/6418 ILS Rwy 14L (Cat I, Cat II, Cat

III), Amdt 28C...

06/15/00 ...... IL Chicago ........................... Chicago-O’Hare Intl ............................. 0/6419 ILS Rwy 14R (Cat I, Cat II, Cat

III), Amdt 29B...

06/1500 ....... IL De Kalb ........................... De Kalb Taylor Muni ............................ 0/06417 VOR/DME or GPS Rwy 27, Amdt

5...

06/15/00 ...... MI Pellston ............................ Pellston Regional Airport of Emmet

County.

0/6453 VOR or GPS Rwy 23, Amdt 15...

This Replaces 0/5908

06/15/00 ...... NH Lebnon ............................ Lebanon Muni ...................................... 0/6406 GPS Rwy 25 Orig...

06/15/00 ...... NH Lebanon .......................... Lebanon Muni ...................................... 0/6507 GPS Rwy 7 Orig...

06/15/00 ...... OR Salem .............................. McNary Field ........................................ 0/6488 NDB or GPS Rwy 31, Amdt

18C...

06/15/00 ...... TN Memphis .......................... Memphis Intl ......................................... 0/6377 ILS Rwy 9, Amdt 26...

06/15/00 ...... TN Memphis .......................... Memphis Intl ......................................... 0/6378 NDB or GPS Rwy 9, Amdt 26A...

06/15/00 ...... WY Cheyenne ........................ Cheyenne ............................................. 0/6481 NDB Rwy 26, Amdt 13...

06/16/00 ...... AK Nome ............................... Nome .................................................... 0/6548 ILS Z Rwy 27, Amdt 1...

06/16/00 ...... AK Nome ............................... Nome .................................................... 0/6551 ILS Rwy 27, Amdt 5...

06/16/00 ...... ND Dickinson ......................... Dickinson Muni ..................................... 0/6522 VOR or GPS–A, Amdt 5...

06/19/00 ...... CA Los Banos ....................... Los Banos Muni ................................... 0/6645 VOR/DME or GPS Rwy 32 Amdt

4A...

06/19/00 ...... CA NAPA ............................... NAPA County ....................................... 0/6644 VOR or GPS Rwy 6 Amdt 11A...

06/19/00 ...... CA Ontario ............................. Ontario Intl ........................................... 0/6627 ILS Rwy 26L (Cat 1, Cat II, CAT

III) Amdt 7A...

06/19/00 ...... FL Zephyrhills ....................... Zephyrhills Muni ................................... 0/6676 GPS Rwy 36, Orig...

06/19/00 ...... MI Saginaw ........................... MBS Intl ............................................... 0/6683 VOR or GPS Rwy 14, Amdt 13...

This Replaces 0/5788

06/19/00 ...... OK Stigler .............................. Stigler Muni .......................................... 0/6648 GPS Rwy 17, Orig...

06/19/00 ...... OK Stigler .............................. Stigler Muni .......................................... 0/6649 GPS Rwy 35, Orig...

06/20/00 ...... WI Fond Du Lac ................... Fond Du Lac County ............................ 0/6743 VOR/DME or GPS Rwy 18, Amdt

6A...

06/20/00 ...... WI Fond Du Lac ................... Fond Du Lac County ............................ 0/6744 VOR/DME Rwy 36, Amdt 6A...

06/20/00 ...... WI Fond Du Lac ................... Fond Du Lac County ............................ 0/6745 GPS Rwy 36, Orig-A...

06/20/00 ...... WI Fond Du Lac ................... Fond Du Lac County ............................ 0/6746 SDF Rwy 36, Amdt 6A...

06/21/00 ...... GA Rome ............................... Richard B. Russell ............................... 0/6805 NDB or GPS–A, Amdt 6...

06/21/00 ...... GA Rome ............................... Richard B. Russell ............................... 0/6806 ILS/DME Rwy 1, Orig...

06/21/00 ...... GA Rome ............................... Richard B. Russell ............................... 0/6807 VOR/DME or GPS Rwy 1, Amdt

8A...

06/21/00 ...... IL Taylorville ........................ Taylorville Muni .................................... 0/6813 NDB Rwy 18, Amdt 3...

06/21/00 ...... MO Sikeston ........................... Sikeston Memorial Muni ...................... 0/6797 VOR/DME or GPS Rwy 2, Amdt

1B...

06/21/00 ...... MO Sikeston ........................... Sikeston Memorial Muni ...................... 0/6798 GPS Rwy 20, Orig-A

39798 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations

[FR Doc. 00–16338 Filed 6–27–00; 8:45 am]

BILLING CODE 4910—13—M

DEPARTMENT OF COMMERCE

National Institute of Standards and

Technology

15 CFR Part 280

[Docket No: 980623159–0166–04]

RIN 0693–AB47

Procedures for Implementation of the

Fastener Quality Act

AGENCY: National Institute of Standards

and Technology and the Bureau of

Export Administration and the United

States Patent and Trademark Office,

United States Department of Commerce.

ACTION: Final rule.

SUMMARY: The Director of the National

Institute of Standards and Technology

(NIST), United States Department of

Commerce, and the Under Secretary of

the Bureau of Export Administration,

United States Department of Commerce,

and the Under Secretary for Intellectual

Property and Director of the United

States Patent and Trademark Office,

United States Department of Commerce

(collectively referred to as the

Department) are today issuing a final

rule amending regulations found at 15

CFR part 280 implementing the Fastener

Quality Act (FQA). A notice of proposed

rulemaking on this topic was published

in the Federal Register on December 15,

1999. This final rule responds to

comments received on the December 15,

1999 notice of proposed rulemaking and

incorporates into the regulations

amendments to the Fastener Quality Act

contained in the Fastener Quality Act

Amendments of 1999. The changes

include the elimination of testing and

paperwork requirements and of NIST’s

role in evaluating and approving bodies

that accredit laboratories and registrars.

The final rule amends the regulations

to set forth the procedures under which

NIST will accept petitions for approval

of certain documents and selfdeclarations for accreditation bodies.

The final rule also amends the

enforcement provisions of the

regulations to set forth violations as they

are contained in the amended FQA. The

final rule amends the recordal of

insignia provisions of the regulations to

remove all references to private label

distributors and to provide that

fasteners whose insignia must be

recorded are those fasteners that are

required by the applicable consensus

standards to bear ‘‘an insignia’’ rather

than a ‘‘raised or depressed insignia,’’

and that these fasteners are not subject

to the recordal requirements if the

specifications provide otherwise.

DATES: This rule is effective July 28,

2000.

FOR FURTHER INFORMATION CONTACT: Dr.

Subhas Malghan, Director’s Office,

Technology Services, National Institute

of Standards and Technology, Mail Stop

2000, Gaithersburg, MD 20899–2000,

telephone number (301) 975–4510.

SUPPLEMENTARY INFORMATION:

Background

The Fastener Quality Act (FQA) was

originally enacted in 1990 to protect the

public safety by: (1) Requiring that

certain fasteners which are sold in

commerce conform to the specifications

to which they are represented to be

manufactured, (2) providing for

accreditation of laboratories engaged in

fastener testing; and (3) requiring

inspection, testing and certification, in

accordance with standardized methods,

of fasteners covered by the Act. Since its

enactment, the FQA has been amended

three times (Pub. L. 104–113, Pub. L.

105–234, and Pub. L. 106–34). The

Department of Commerce published

final implementing regulations for the

original FQA on September 26, 1996

and for the FQA as amended by Pub. L.

104–113 on September 8, 1998.

On June 8, 1999, the Fastener Quality

Act Amendments of 1999 (the Act) (Pub.

L. 106–34, 113 Stat. 118) were enacted

‘‘to amend the Fastener Quality Act to

strengthen the protection against the

sale of mismarked, misrepresented, and

counterfeit fasteners and eliminate

unnecessary requirements, and for other

purposes.’’ The Act made significant

changes to the FQA. Under the Act, the

Secretary retains his enforcement

functions and the responsibility for

establishing and maintaining an insignia

recordation program, and the National

Institute of Standards and Technology

(NIST) must continue its fastener

laboratory accreditation program

established under the National

Voluntary Laboratory Accreditation

Program (15 CFR part 285). In addition,

the Act creates new responsibilities for

NIST, including: acting upon petitions

requesting approval of documents

setting forth guidance/requirements for

certification of manufacturing systems

as fastener quality assurance systems by

accredited third parties; acting upon

petitions requesting approval of

documents setting forth guidance/

requirements for accreditation of

laboratories; and acting upon petitions

requesting approval of documents

setting forth guidance/requirements for

approval of accreditation bodies to

accredit laboratories. NIST also must

accept affirmations, in the form of selfdeclarations that the accreditation

bodies meet the requirements of the

applicable Guide, from accreditation

bodies accrediting third parties who

certify manufacturing systems as

fastener quality assurance systems and

from accreditation bodies accrediting

laboratories.

The Act eliminates many of the

responsibilities delegated by the

Secretary of Commerce to NIST under

the FQA, including: establishing

procedures for private entities (domestic

and foreign) to accredit laboratories;

establishing conditions for recognizing

foreign laboratories accredited by their

governments or organizations;

establishing the size, selection, and

integrity of samples of fasteners to be

inspected if not provided in the

standards and specifications to which

the fasteners are manufactured;

establishing a required form for written

inspection and testing reports;

establishing which entities must retain

custody of laboratory testing reports and

certificates of conformance and for what

period of time.

The Department published a notice of

proposed rule making in the Federal

Register on December 15, 1999 (64 FR

69969), seeking public comment on

proposed amendments to the

regulations to implement the FQA as

amended by the Fastener Quality Act

Amendments of 1999. The comment

period was to close on January 14, 2000.

During the comment period, the

Department received five responses

requesting an extension of the comment

period. On January 11, 2000, the

Department published a notice in the

Federal Register ((65 FR 1572)(2000))

extending the comment period to

January 28, 2000.

Summary of Public Comments Received

by the Department in Response to the

December 15, 1999 Notice of Proposed

Rulemaking, and the Department’s

Response to Those Comments

In addition to the five responses

requesting an extension of the comment

period, the Department received

thirteen responses to the request for

comments. Five responses were

received from domestic associations;

two were from accreditation bodies, one

domestic and one foreign; one was from

a domestic fastener manufacturer; one

was from a foreign steel manufacturer;

one was from a domestic fastener

importer; one was from a domestic

fastener distributor; and one was a

domestic quality consultant. A detailed

analysis of the comments follows.