32636 Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations 

1 81 FR 19861. 

affiliates,’’ under 13 CFR 121.104(a). 

These transactions are commonly 

referred to as interaffiliate transactions. 

The intent of this exclusion is to avoid 

counting the same receipts twice when 

determining the size of a particular 

concern. This Statement of Policy 

explains how SBA will apply the 

exclusion. 

Recent SBA size determinations and 

decisions of the Office of Hearings and 

Appeals have limited the exclusion by 

applying it only to transactions between 

affiliates that are eligible to file a 

consolidated tax return. This 

interpretation has been supported by 

reference to a parenthetical that was 

included with section 121.104(a) from 

1996 to 2004, providing that the 

exclusion would apply to interaffiliate 

amounts ‘‘(if also excluded from gross or 

total income on a consolidated return 

filed with the IRS). . . .’’ 13 CFR 

121.104(a)(1) (1996); 61 FR 3280 (Jan. 

31, 1996). While this parenthetical was 

in place, SBA excluded only those 

interaffiliate transactions that were also 

excluded from consolidated tax returns 

filed by a concern and its affiliate. This 

policy necessarily required that the 

transaction occur between two firms 

that filed consolidated returns. 

SBA deleted the parenthetical in 

2004. In the preamble to the final rule 

issued May 21, 2004, SBA stated that it 

was deleting the parenthetical because 

‘‘[w]hether a consolidated return is filed 

should have no bearing on whether 

properly documented interaffiliate 

transactions are excluded from annual 

receipts.’’ 69 FR 29192, 29196 (May 21, 

2004). Thus, since May 2004, the 

regulation has provided for an exclusion 

from receipts for ‘‘proceeds from 

transactions between a concern and its 

domestic or foreign affiliates.’’ 13 CFR 

121.104(a). The regulation does not 

include a limitation on the types of 

affiliates for which interaffiliate 

transactions can be excluded, and in no 

way ties the exclusion to a concern’s 

ability to file a consolidated tax return 

with the identified affiliate. 

SBA believes that the current 

regulatory language is clear on its face. 

It specifically excludes all proceeds 

from transactions between a concern 

and its affiliates, without limitation. 

Moreover, the regulatory history 

supports the position that the exclusion 

for interaffiliate transactions is available 

regardless of the manner of affiliation 

between a concern and its affiliate. SBA 

recognized that excluding interaffiliate 

transactions only when they are 

identified on a consolidated tax return 

often perpetuated the double-counting 

of receipts. By saying that ‘‘[w]hether a 

consolidated return is filed should have 

no bearing on whether properly 

documented interaffiliate transactions 

are excluded from annual receipts,’’ 

SBA did not mean to imply that a 

concern and its affiliate must be able to 

file a consolidated tax return in order to 

receive the exclusion from doublecounting interaffiliate transactions. 

Conversely, SBA was attempting to 

make clear that it did not support the 

practice of double-counting receipts 

between affiliates generally. 

Because the regulatory text does not 

contain a restriction, a regulatory 

change is not necessary. SBA will 

consider comments submitted regarding 

this policy. 

Statement of Policy 

SBA will not restrict the exclusion for 

interaffiliate transactions to transactions 

between a concern and a firm with 

which it could file a consolidated tax 

return. The exclusion for interaffiliate 

transactions may be applied to 

interaffiliate transactions between a 

concern and a firm with which it is 

affiliated under the principles in 13 CFR 

121.103. Where SBA is conducting a 

size determination, SBA requires that 

exclusions claimed under section 

121.104(a) be specifically identified by 

the concern whose size is at issue and 

be properly documented. This policy is 

effective immediately. 

Dated: May 18, 2016. 

Maria Contreras-Sweet, 

Administrator. 

[FR Doc. 2016–12260 Filed 5–23–16; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 93 

[Docket No. FAA–2008–0221] 

Change of Newark Liberty International 

Airport (EWR) Designation; 

Notification of Availability of Final 

CATEX Declaration and Supporting 

Material 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notification of availability. 

SUMMARY: This action announces the 

placement in the docket of the final 

documented categorical exclusion (the 

signed CATEX declaration and final 

Attachment A: Environmental Review of 

Proposed Change of Operating 

Authorization Requirement at Newark 

Liberty International Airport) for the 

redesignation of Newark Liberty 

International Airport (EWR) as a Level 

2 schedule-facilitated airport. 

DATES: May 24, 2016. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Susan Pfingstler, System 

Operations Services, Air Traffic 

Organization, Federal Aviation 

Administration, 600 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–6462; email 

susan.pfingstler@faa.gov. 

SUPPLEMENTARY INFORMATION: On April 

6, 2016, the FAA published the ‘‘Change 

of Newark Liberty International Airport 

(EWR) Designation’’ document in order 

to redesignate Newark Liberty 

International Airport as a Level 2 

schedule-facilitated airport under the 

International Air Transport Association 

Worldwide Slot Guidelines effective for 

the winter 2016 scheduling season, 

which begins on October 30, 2016.1

On April 5, 2016, the FAA posted a 

copy of a draft of Env Rev Attach A in 

the docket associated with the April 6, 

2016 document. The FAA has corrected 

this action by posting the final CATEX 

documents (the signed CATEX 

declaration and final Attachment A: 

Environmental Review of Proposed 

Change of Operating Authorization 

Requirement at Newark Liberty 

International Airport) to the docket. 

Issued in Washington, DC, on May 18, 

2016. 

Lorelei Peter, 

Assistant Chief Counsel for Regulations. 

[FR Doc. 2016–12252 Filed 5–23–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 93 

[Docket No. FAA–2007–29320] 

Operating Limitations at John F. 

Kennedy International Airport 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Extension to Order. 

SUMMARY: This action extends the Order 

Limiting Operations at John F. Kennedy 

International Airport (JFK) published on 

January 18, 2008, and most recently 

extended March 26, 2014. The Order 

remains effective until October 27, 2018. 

DATES: This action is effective on May 

24, 2016. 

ADDRESSES: Requests may be submitted 

by mail to Slot Administration Office, 

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Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations 32637 

1 33 FR 17896 (Dec. 3, 1968). The FAA codified 

the rules for operating at high density traffic 

airports in 14 CFR part 93, subpart K. The HDR 

required carriers to hold a reservation, which came 

to be known as a ‘‘slot,’’ for each takeoff or landing 

under instrument flight rules at the high density 

traffic airports. 

2Aviation Investment and Reform Act for the 21st 

Century (AIR–21), Public Law 106–181 (Apr. 5, 

2000), 49 U.S.C. 41715(a)(2). 

3 73 FR 3510 (Jan. 18, 2008), as amended by 73 

FR 8737 (Feb. 14, 2008). 

4 73 FR 29626 (May 21, 2008); Docket FAA–2008– 

0517. 

5 73 FR 60544, amended by 73 FR 66516 (Nov. 

10, 2008). 

6 74 FR 52134 (Oct. 9, 2009). 

7 74 FR 51650. 

8 76 FR 18620. 

9 78 FR 28276. 

10 79FR 16854. 

11 Docket No. FAA–2007–25320 includes a copy 

of the MITRE analysis completed for the FAA. 

12 80 FR 1274. 

13The FAA notes that the Order limiting 

scheduled operations at EWR will expire October 

29, 2016; beginning on October 30, 2016, EWR is 

designated a Level 2 schedule-facilitated airport 

consistent with the FAA’s action published in the 

Federal Register on April 6, 2016. See id. 

AGC–240, Office of the Chief Counsel, 

800 Independence Avenue SW., 

Washington, DC 20591, or by email to: 

7-awa-slotadmin@faa.gov. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning this Order contact: 

Susan Pfingstler, System Operations 

Services, Air Traffic Organization, 

Federal Aviation Administration, 600 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–6462; email susan.pfingstler@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Availability of Rulemaking Documents 

You may obtain an electronic copy 

using the Internet by: 

(1) Searching the Federal 

eRulemaking Portal (http://

www.regulations.gov); 

(2) Visiting the FAA’s Regulations and 

Policies Web page at http://

www.faa.gov/regulations_policies/; or 

(3) Accessing the Government 

Printing Office’s Web page at http://

www.gpoaccess.gov/fr/index.html. 

You also may obtain a copy by 

sending 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. 

Background 

From 1968, the FAA limited the 

number of arrivals and departures at JFK 

during the peak afternoon demand 

period (corresponding to transatlantic 

arrival and departure banks) through the 

implementation of the High Density 

Rule (HDR).1 By statute enacted in April 

2000, the HDR’s applicability to JFK 

operations terminated as of January 1, 

2007.2 Using AIR–21 exemptions and 

the HDR phase-out, U.S. air carriers 

serving JFK significantly increased their 

domestic scheduled operations 

throughout the day. This increase in 

operations resulted in significant 

congestion and delays that negatively 

impacted the National Airspace System 

(NAS). In January 2008, the FAA placed 

temporary limits on scheduled 

operations at JFK to mitigate persistent 

congestion and delays at the airport.3

With a temporary schedule limit order 

in place, the FAA proposed a long-term 

rule that would limit the number of 

scheduled and unscheduled operations 

at JFK.4 On October 10, 2008, the FAA 

published the Congestion Management 

Rule for John F. Kennedy International 

Airport and Newark Liberty 

International Airport, which would 

have become effective on December 9, 

2008.5 That rule was stayed by the U.S. 

Court of Appeals for the District of 

Columbia Circuit and subsequently 

rescinded by the FAA.6 The FAA 

extended the January 18, 2008, Order 

placing temporary limits on scheduled 

operations at JFK on October 7, 2009,7

on April 4, 2011,8 on May 14, 2013,9

and on March 26, 2014.10

Under the Order, as amended, the 

FAA (1) maintains the current hourly 

limits on 81 scheduled operations at JFK 

during the peak period; (2) imposes an 

80 percent minimum usage requirement 

for Operating Authorizations (OAs) with 

defined exceptions; (3) provides a 

mechanism for withdrawal of OAs for 

FAA operational reasons; (4) establishes 

procedures to allocate withdrawn, 

surrendered, or unallocated OAs; and 

(5) allows for trades and leases of OAs 

for consideration for the duration of the 

Order. 

The reasons for issuing the Order 

have not changed appreciably since it 

was implemented. Demand for access to 

JFK remains high and the average 

weekday hourly flights in the busiest 

morning, afternoon, and evening hours 

are generally consistent with the limits 

under this Order. The FAA has 

reviewed the on-time and other 

performance metrics in the peak May to 

August 2014 and 2015 months and 

found continuing improvements relative 

to the same period in 2007, even with 

runway construction at JFK in 2015.11

Without the operational limitations 

imposed by this Order, the FAA expects 

severe congestion-related delays would 

occur at JFK and at other airports 

throughout the NAS. The FAA will 

continue to monitor performance and 

runway capacity at JFK to determine if 

changes are warranted. 

On January 8, 2015, the DOT and FAA 

published a notice of proposed 

rulemaking ‘‘Slot Management and 

Transparency at LaGuardia Airport, 

John F. Kennedy International Airport, 

and Newark Liberty International 

Airport.’’ 12 The DOT and FAA 

proposed to replace the Orders limiting 

scheduled operations at JFK, limiting 

scheduled operations at Newark Liberty 

International Airport (EWR), and 

limiting scheduled and unscheduled 

operations at LaGuardia Airport (LGA) 

with a more permanent system for 

managing slots. The NPRM included 

certain proposed changes to how slots 

are currently managed in the New York 

City area in order to increase 

transparency and address issues 

considering anti-competitive behavior. 

Since the FAA and DOT first initiated 

this rulemaking effort there have been 

significant changes in circumstances 

affecting New York City area airports, 

including changes in competitive effects 

from ongoing industry consolidation, 

slot utilization and transfer behavior, 

and actual operational performance at 

the three airports. Furthermore, the FAA 

recently announced that slot controls 

are no longer needed at EWR (81 FR 

19861). In light of the changes in market 

conditions and operational performance 

at the New York City area airports, the 

Department is withdrawing the NPRM 

by Federal Register notice published 

May 16, 2016 (81 FR 30218), to allow for 

further evaluation of these changes. 

Accordingly, the FAA has concluded it 

is necessary to extend the expiration 

date of this Order until October 27, 

2018. This expiration date coincides 

with the extended expiration date for 

the Order limiting scheduled operations 

at LGA, as also extended by action 

published in today’s Federal Register.13

No amendments other than the 

expiration date have been made to this 

Order. 

The FAA finds that notice and 

comment procedures under 5 U.S.C. 

553(b) are impracticable and contrary to 

the public interest. The FAA further 

finds that good cause exists to make this 

Order effective in less than 30 days. 

The Amended Order 

The Order, as amended, is recited 

below in its entirety. 

1. This Order assigns operating 

authority to conduct an arrival or a 

departure at JFK during the affected 

hours to the U.S. air carrier or foreign 

air carrier identified in the appendix to 

this Order. The FAA will not assign 

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32638 Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations 

operating authority under this Order to 

any person or entity other than a 

certificated U.S. or foreign air carrier 

with appropriate economic authority 

and FAA operating authority under 14 

CFR part 121, 129, or 135. This Order 

applies to the following: 

a. All U.S. air carriers and foreign air 

carriers conducting scheduled 

operations at JFK as of the date of this 

Order, any U.S. air carrier or foreign air 

carrier that operates under the same 

designator code as such a carrier, and 

any air carrier or foreign-flag carrier that 

has or enters into a codeshare agreement 

with such a carrier. 

b. All U.S. air carriers or foreign air 

carriers initiating scheduled or regularly 

conducted commercial service to JFK 

while this Order is in effect. 

c. The Chief Counsel of the FAA, in 

consultation with the Vice President, 

System Operations Services, is the final 

decisionmaker for determinations under 

this Order. 

2. This Order governs scheduled 

arrivals and departures at JFK from 6 

a.m. through 10:59 p.m., Eastern Time, 

Sunday through Saturday. 

3. This Order takes effect on March 

30, 2008, and will expire when the final 

Rule on Slot Management and 

Transparency for LaGuardia Airport, 

John F. Kennedy International Airport, 

and Newark Liberty International 

Airport becomes effective but not later 

than October 29, 2016. 

4. Under the authority provided to the 

Secretary of Transportation and the 

FAA Administrator by 49 U.S.C. 40101, 

40103 and 40113, we hereby order that: 

a. No U.S. air carrier or foreign air 

carrier initiating or conducting 

scheduled or regularly conducted 

commercial service at JFK may conduct 

such operations without an Operating 

Authorization assigned by the FAA. 

b. Except as provided in the appendix 

to this Order, scheduled U.S. air carrier 

and foreign air carrier arrivals and 

departures will not exceed 81 per hour 

from 6 a.m. through 10:59 p.m., Eastern 

Time. 

c. The Administrator may change the 

limits if he determines that capacity 

exists to accommodate additional 

operations without a significant increase 

in delays. 

5. For administrative tracking 

purposes only, the FAA will assign an 

identification number to each Operating 

Authorization. 

6. A carrier holding an Operating 

Authorization may request the 

Administrator’s approval to move any 

arrival or departure scheduled from 6 

a.m. through 10:59 p.m. to another half 

hour within that period. Except as 

provided in paragraph seven, the carrier 

must receive the written approval of the 

Administrator, or his delegate, prior to 

conducting any scheduled arrival or 

departure that is not listed in the 

appendix to this Order. All requests to 

move an allocated Operating 

Authorization must be submitted to the 

FAA Slot Administration Office, 

facsimile (202) 267–7277 or email 7- 

AWA-Slotadmin@faa.gov, and must 

come from a designated representative 

of the carrier. If the FAA cannot approve 

a carrier’s request to move a scheduled 

arrival or departure, the carrier may 

then apply for a trade in accordance 

with paragraph seven. 

7. For the duration of this Order, a 

carrier may enter into a lease or trade of 

an Operating Authorization to another 

carrier for any consideration. Notice of 

a trade or lease under this paragraph 

must be submitted in writing to the FAA 

Slot Administration Office, facsimile 

(202) 267–7277 or email 7- 

AWASlotadmin@faa.gov, and must 

come from a designated representative 

of each carrier. The FAA must confirm 

and approve these transactions in 

writing prior to the effective date of the 

transaction. The FAA will approve 

transfers between carriers under the 

same marketing control up to five 

business days after the actual operation, 

but only to accommodate operational 

disruptions that occur on the same day 

of the scheduled operation. The FAA’s 

approval of a trade or lease does not 

constitute a commitment by the FAA to 

grant the associated historical rights to 

any operator in the event that slot 

controls continue at JFK after this order 

expires. 

8. A carrier may not buy, sell, trade, 

or transfer an Operating Authorization, 

except as described in paragraph seven. 

9. Historical rights to Operating 

Authorizations and withdrawal of those 

rights due to insufficient usage will be 

determined on a seasonal basis and in 

accordance with the schedule approved 

by the FAA prior to the commencement 

of the applicable season. 

a. For each day of the week that the 

FAA has approved an operating 

schedule, any Operating Authorization 

not used at least 80% of the time over 

the time-frame authorized by the FAA 

under this paragraph will be withdrawn 

by the FAA for the next applicable 

season except: 

i. The FAA will treat as used any 

Operating Authorization held by a 

carrier on Thanksgiving Day, the Friday 

following Thanksgiving Day, and the 

period from December 24 through the 

first Saturday in January. 

ii. The Administrator of the FAA may 

waive the 80% usage requirement in the 

event of a highly unusual and 

unpredictable condition which is 

beyond the control of the carrier and 

which affects carrier operations for a 

period of five consecutive days or more. 

b. Each carrier holding an Operating 

Authorization must forward in writing 

to the FAA Slot Administration Office a 

list of all Operating Authorizations held 

by the carrier along with a listing of the 

Operating Authorizations and: 

i. The dates within each applicable 

season it intends to commence and 

complete operations. 

A. For each winter scheduling season, 

the report must be received by the FAA 

no later than August 15 during the 

preceding summer. 

B. For each summer scheduling 

season, the report must be received by 

the FAA no later than January 15 during 

the preceding winter. 

ii. The completed operations for each 

day of the applicable scheduling season: 

A. No later than September 1 for the 

summer scheduling season. 

B. No later than January 15 for the 

winter scheduling season. 

iii. The completed operations for each 

day of the scheduling season within 30 

days after the last day of the applicable 

scheduling season. 

10. In the event that a carrier 

surrenders to the FAA any Operating 

Authorization assigned to it under this 

Order or if there are unallocated 

Operating Authorizations, the FAA will 

determine whether the Operating 

Authorizations should be reallocated. 

The FAA may temporarily allocate an 

Operating Authorization at its 

discretion. Such temporary allocations 

will not be entitled to historical status 

for the next applicable scheduling 

season under paragraph 9. 

11. If the FAA determines that an 

involuntary reduction in the number of 

allocated Operating Authorizations is 

required to meet operational needs, 

such as reduced airport capacity, the 

FAA will conduct a weighted lottery to 

withdraw Operating Authorizations to 

meet a reduced hourly or half-hourly 

limit for scheduled operations. The FAA 

will provide at least 45 days’ notice 

unless otherwise required by 

operational needs. Any Operating 

Authorization that is withdrawn or 

temporarily suspended will, if 

reallocated, be reallocated to the carrier 

from which it was taken, provided that 

the carrier continues to operate 

scheduled service at JFK. 

12. The FAA will enforce this Order 

through an enforcement action seeking 

a civil penalty under 49 U.S.C. 46301(a). 

A carrier that is not a small business as 

defined in the Small Business Act, 15 

U.S.C. 632, will be liable for a civil 

penalty of up to $25,000 for every day 

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Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations 32639 

that it violates the limits set forth in this 

Order. A carrier that is a small business 

as defined in the Small Business Act 

will be liable for a civil penalty of up 

to $10,000 for every day that it violates 

the limits set forth in this Order. The 

FAA also could file a civil action in U.S. 

District Court, under 49 U.S.C. 46106, 

46107, seeking to enjoin any air carrier 

from violating the terms of this Order. 

13. The FAA may modify or withdraw 

any provision in this Order on its own 

or on application by any carrier for good 

cause shown. 

Issued in Washington, DC on May 18, 

2016. 

Daniel E. Smiley, 

Vice President, System Operations Services. 

[FR Doc. 2016–12221 Filed 5–23–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 31073; Amdt. No. 3693] 

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 removes Standard 

Instrument Approach Procedures 

(SIAPs) and associated Takeoff 

Minimums and Obstacle Departure 

Procedures (ODPs) 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 May 24, 

2016. 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 May 24, 

2016. 

ADDRESSES: Availability of matters 

incorporated by reference in the 

amendment is as follows: 

For Examination 

1. U.S. Department of Transportation, 

Docket Ops–M30, 1200 New Jersey 

Avenue SE., West Bldg., Ground Floor, 

Washington, DC 20590–0001. 

2. The FAA Air Traffic Organization 

Service Area in which the affected 

airport is located; 

3. The office of Aeronautical 

Navigation Products, 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 and Takeoff Minimums and 

ODPs are available online free of charge. 

Visit the National Flight Data Center at 

nfdc.faa.gov to register. Additionally, 

individual SIAP and Takeoff Minimums 

and ODP copies may be obtained from 

the FAA Air Traffic Organization 

Service Area in which the affected 

airport is located. 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Nichols, 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 

removes SIAPS, Takeoff Minimums 

and/or ODPS. The complete regulatory 

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, their complex 

nature, and the need for a special format 

make publication in the Federal 

Register expensive and impractical. 

Further, airmen do not use the 

regulatory text of the SIAPs, Takeoff 

Minimums or ODPs, but instead 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, Takeoff 

Minimums and ODP listed on FAA form 

documents is unnecessary. This 

amendment provides the affected CFR 

sections and specifies the types of 

SIAPs, Takeoff Minimums and ODPs 

with their applicable effective dates. 

This amendment also identifies the 

airport and its location, the procedure, 

and the amendment number. 

Availability and Summary of Material 

Incorporated by Reference 

The material incorporated by 

reference is publicly available as listed 

in the ADDRESSES section. 

The material incorporated by 

reference describes SIAPS, Takeoff 

Minimums and/or ODPS as identified in 

the amendatory language for part 97 of 

this final rule. 

The Rule 

This amendment to 14 CFR part 97 is 

effective upon publication of each 

separate SIAP, Takeoff Minimums and 

ODP as Amended 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 that 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 procedure under 

5 U.S.C. 553(b) are impracticable and 

contrary to the public interest and, 

where applicable, under 5 U.S.C 553(d), 

good cause exists for making some 

SIAPs effective in less than 30 days. 

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