4486 Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Rules and Regulations 

§ 39.13 [Amended] 

■ 2. The Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2006–03–01 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–14465. Docket No. 

FAA–2006–23703; Directorate Identifier 

2005–NM–052–AD. 

Effective Date 

(a) This AD becomes effective February 13, 

2006. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all EMBRAER Model 

ERJ 170–100 LR, –100 STD, –100 SE, and 

–100 SU airplanes, certificated in any 

category. 

Unsafe Condition 

(d) This AD results from reports of variable 

calibration values of certain sensors of the 

Air Data SmartProbes, which could result in 

the transmission of erroneous information to 

the air data system. This was caused by 

contamination during the manufacturing 

process. We are issuing this AD to prevent 

reduced controllability of the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Revision of Airplane Flight Manual (AFM) 

(f) As of 30 days after the effective date of 

this AD: During any time period when any 

SmartProbe part number 2015G2H2H–4, 

2015G2H2H–4A, 2015G2H2H–5, or 

2015G2H2H–5A is installed, before further 

flight, revise the Limitations section of the 

AFM to include the following operational 

limitations (this may be done by inserting a 

copy of this AD into the AFM): 

‘‘• Reduce the calculated MTOW by 110 

kgf whenever it is defined by obstacle 

clearance on the final segment. 

• Increase the reference speed (VREF) by 1 

kt when landing with Flap 5.’’

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

(2) Before using any AMOC approved in 

accordance with § 39.19 on any airplane to 

which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

Related Information 

(h) Brazilian airworthiness directive 2005–

02–01, dated March 3, 2005, also addresses 

the subject of this AD. 

Issued in Renton, Washington, on January 

19, 2006. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 06–782 Filed 1–26–06; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30476; Amdt. No. 3151] 

Standard Instrument Approach 

Procedures; Miscellaneous 

Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This amendment amends 

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: This rule is effective January 27, 

2006. 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 January 27, 

2006. 

ADDRESSES: Availability of matter 

incorporated by reference in the 

amendment is as follows: 

For Examination—

1. FAA Rules Docket, FAA 

Headquarters Building, 800 

Independence Ave, SW., Washington, 

DC 20591; 

2. The FAA Regional Office of the 

region in which affected airport is 

located; or 

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. 

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 (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 

amendment to Title 14, Code of Federal 

Regulations, Part 97 (14 CFR part 97) 

amends Standard Instrument Approach 

Procedures (SIAPs). The complete 

regulatory description of each SIAP is 

contained in the appropriate FAA Form 

8260, as modified by the the National 

Flight Data Center (FDC)/Permanent 

Notice to Airmen (P–NOTAM), which is 

incorporated by reference in the 

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

CFR part 51, and § 97.20 of the Code of 

Federal Regulations. 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 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 14 CFR part 97 is 

effective upon publication of each 


rmajette on PROD1PC67 with RULES
Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Rules and Regulations 4487 

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 chart 

changes to SIAPs, 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 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. 

Further, the SIAPs contained in this 

amendment are based on the criteria 

contained in 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, 

Incorporation by reference, and 

Navigation (air). 

Issued in Washington, DC, on January 13, 

2006. 

James J. Ballough, 

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, ISMLS, 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 number Subject 

12/27/05 ... MA FITCHBURG ......................................... FITCHBURG MUNI ............................... 5/2086 NDB RWY 20, AMDT 

6 

12/27/05 ... MA FITCHBURG ......................................... FITCHBURG MUNI ............................... 5/2087 RNAV (GPS) RWY 

14, ORIG 

12/27/05 ... MA FITCHBURG ......................................... FITCHBURG MUNI ............................... 5/2088 RNAV (GPS) RWY 

20, ORIG 

12/27/05 ... MA FITCHBURG ......................................... FITCHBURG MUNI ............................... 5/2089 RNAV (GPS) RWY 

32, ORIG 

12/27/05 ... MA FITCHBURG ......................................... FITCHBURG MUNI ............................... 5/2090 NDB–A, AMDT 4 

12/29/05 ... GU AGANA ................................................. GUAM INTL .......................................... 5/2144 VOR–A, ORIG 

12/29/05 ... AK SHUNGNAK .......................................... SHUNGNAK .......................................... 5/2168 RNAV (GPS) RWY 

27, ORIG 

12/29/05 ... AK SHUNGNAK .......................................... SHUNGNAK .......................................... 5/2169 RNAV (GPS) RWY 9, 

ORIG–A 

12/30/05 ... NC CHARLOTTE ........................................ CHARLOTTE/DOUGLAS INTL ............. 5/2215 ILS OR LOC RWY 

36L, ILS RWY 36L 

(CAT II, III), AMDT 

15 

01/04/06 ... KY COVINGTON ........................................ CINCINNATI/NORTHERN KENTUCKY 

INTL.

6/0082 RNAV (GPS) RWY 

36L, ORIG 

01/11/06 ... MT BILLINGS .............................................. BILLINGS LOGAN INTL ....................... 6/0367 VOR/DME RWY 28R, 

AMDT 13A 

01/11/06 ... MT BILLINGS .............................................. BILLINGS LOGAN INTL ....................... 6/0368 ILS RWY 10L, AMDT 

24A 

1/11/06 ..... MT BILLINGS .............................................. BILLINGS LOGAN INTL ....................... 6/0370 ILS RWY 28R, ORIG–

A 

01/11/06 ... AK NENANA ............................................... NENANA MUNI ..................................... 6/0381 RNAV (GPS) RWY 

4L, ORIG 

01/11/06 ... IN INDIANAPOLIS ..................................... INDIANAPOLIS INTL ............................ 6/0396 ILS RWY 25, AMDT 

2A 

01/11/06 ... ND GARRISON ........................................... GARRISON MUNI ................................ 6/0399 RNAV (GPS) RWY 

13, ORIG 

01/11/06 ... ND GARRISON ........................................... GARRISON MUNI ................................ 6/0400 RNAV (GPS) RWY 

31, ORIG 


rmajette on PROD1PC67 with RULES
4488 Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Rules and Regulations 

FDC date State City Airport FDC number Subject 

01/11/06 ... AK YAKUTAT ............................................. YAKUTAT ............................................. 6/0401 LOC/DME BC RWY 

29, AMDT 4 

[FR Doc. 06–740 Filed 1–26–06; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD09–05–142] 

RIN 1625–AA00 

Safety Zone; Chicago Sanitary and 

Ship Canal, Romeoville, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the Chicago Sanitary and Ship Canal on 

the Illinois Waterway near Romeoville, 

Illinois. This safety zone is necessary to 

close the Chicago Sanitary and Ship 

Canal during safety testing of the 

permanent electrical dispersal barrier. 

This safety zone intended to restrict 

vessels from a portion of the Canal in 

Romeoville, IL, at various times over a 

45 day period. 

DATES: This rule is in effect during 

intermittent periods, as announced via 

Broadcast Notice to Mariners, from 7 

a.m. (local) on January 30, 2006 until 7 

a.m. (local) on February 28, 2006. 

Captain of the Port Lake Michigan or his 

on scene representative will inform 

mariners of enforcement periods via 

Broadcast Notice to Mariners. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket are part of 

the docket (CGD09–05–142], and are 

available for inspection or copying at 

Commanding Officer, U.S. Coast Guard 

Marine Safety Unit Chicago, 215 W. 

83rd Street Suite D, Burr Ridge, IL, 

60527, between 8 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

MST1 Kenneth Brockhouse, U.S. Coast 

Guard, Marine Safety Unit Chicago, at 

(630) 986–2155. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. This safety 

zone is temporary in nature and limited 

time existed for an NPRM. The Coast 

Guard was not made aware that this 

operation was to take place with 

sufficient time to allow for publication 

of an NPRM followed by a final rule. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying this rule would be 

impracticable and immediate action is 

necessary to ensure the safety of 

personnel and vessels during the 

operational period. During the 

enforcement of this safety zone, 

comments will be accepted and 

reviewed and may result in a 

modification to the rule. 

Background and Purpose 

A temporary electrical dispersal 

barrier is in operation at mile marker 

296.5 on the Chicago Sanitary Ship 

Canal to prevent Asian Carp from 

entering Lake Michigan. 

A second permanent electrical 

dispersal barrier is being constructed 

and operational and safety testing must 

be completed prior to placing the 

permanent barrier in service. Also, 

additional safety tests need to be 

conducted for the temporary electrical 

dispersal barrier. These tests are 

scheduled to commence in January 

2006. As such, the Captain of the Port 

Lake Michigan has determined that 

intermittent closures of the Chicago 

Sanitary and Ship Canal are necessary 

to ensure the integrity of the operational 

and safety tests, as well as the safety of 

the testing crews. Closures will occur 

between January 30, 2006 and February 

28, 2006. Mariners will be notified of 

enforcement periods by Broadcast 

Notice to Mariners. Entry into, 

transiting, or anchoring within the 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Lake Michigan or his designated on 

scene representative via VHF–FM radio 

Channel 16. 

Discussion of Rule 

Operational and safety tests are 

required to determine the electrical 

parameters of the permanent electrical 

dispersal barrier, and to evaluate the 

health and safety risks of the electrical 

fields generated by both barriers in this 

portion of the Chicago Sanitary and 

Ship Canal. Restricting vessel 

movement through this portion of the 

Canal is necessary to ensure accurate 

test results, and to protect the 

equipment and crews conducting the 

tests. 

The safety zone will encompass all 

waters of the Chicago Sanitary and Ship 

Canal from the Romeo Road Bridge at 

Mile Marker 296.1 to the aerial pipeline 

arch at Mile Marker 296.7. All 

commercial and recreational vessels 

will be prohibited from entering the 

zone during enforcement periods. 

Enforcement periods will be announced 

via Broadcast Notice to Mariners. 

Vessels may contact the Coast Guard via 

VHF–FM radio Channel 16 to request 

permission to transit through the safety 

zone. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

We expect the economic impact of 

this established rule to be so minimal 

that a full Regulatory Evaluation under 

the regulatory policies and procedures 

of DHS is unnecessary. 

This finding is based on the relatively 

small percentage of vessels that would 

fall within the applicability of the 

regulation, the relatively small size of 

the limited area around the zone, the 

minimal amount of time that vessels 

will be restricted when the zone is being 

enforced. In addition, vessels that will 

need to enter the zone may request 

permission on a case-by-case basis from 

the Captain of the Port or the designated 

on-scene representative. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 


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