Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Rules and Regulations 63839 

Las Vegas, NV, KLAS, ILS Y OR LOC Y RWY 

26R, Orig 

Las Vegas, NV, KLAS ILS Z OR LOC Z RWY 

26L, Amdt 8 

Las Vegas, NV, KLAS, ILS Z OR LOC Z RWY 

26R, Amdt 21 

Dallas, TX, KRBD, RNAV (GPS) RWY 31, 

Amdt 1C 

Sonora, TX, KSOA, NDB OR GPS RWY 18, 

Amdt 3A, CANCELED 

Sonora, TX, KSOA, RNAV (GPS) RWY 18, 

Orig 

Front Royal, VA, KFRR, VOR–B, Orig-B, 

CANCELED 

Rescinded: On July 28, 2023 (88 FR 48722), 

the FAA published an Amendment in Docket 

No. 31499, Amdt No. 4071, to part 97 of the 

Federal Aviation Regulations under §§ 97.20, 

97.23, 97.33, and 97.37. The following entries 

for Northway, AK, effective October 5, 2023, 

are hereby rescinded in their entirety: 

Northway, AK, PAOR, NORTHWAY ONE, 

Graphic DP 

Northway, AK, PAOR, RNAV (GPS) RWY 6, 

Amdt 1 

Northway, AK, PAOR, RNAV (GPS) RWY 24, 

Amdt 2 

Northway, AK, PAOR, Takeoff Minimums 

and Obstacle DP, Amdt 3 

Northway, AK, PAOR, VOR–A, Amdt 2 

[FR Doc. 2023–20026 Filed 9–15–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 31506; Amdt. No. 4078] 

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 amends, suspends, 

or removes 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 for the 

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 

18, 2023. 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 

18, 2023. 

ADDRESSES: Availability of matter 

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 

Information Services, 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, email 

fr.inspection@nara.gov or go to: https:// 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

Availability 

All SIAPs and Takeoff Minimums and 

ODPs are available online free of charge. 

Visit the National Flight Data Center 

online 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 Procedures 

and Airspace Group, Flight 

Technologies and Procedures Division, 

Flight Standards Service, Federal 

Aviation Administration. Mailing 

Address: FAA Mike Monroney 

Aeronautical Center, Flight Procedures 

and Airspace Group, 6500 South 

MacArthur Blvd., STB Annex, Bldg. 26, 

Room 217, Oklahoma City, OK 73099. 

Telephone: (405) 954–1139. 

SUPPLEMENTARY INFORMATION: This rule 

amends 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 (NFDC)/Permanent Notice 

to Airmen (P–NOTAM), and is 

incorporated by reference under 5 

U.S.C. 552(a), 1 CFR part 51, and 14 

CFR 97.20. 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 on FAA form 

documents is unnecessary. This 

amendment provides the affected CFR 

sections, and specifies the SIAPs and 

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 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 and Takeoff Minimums 

and ODP as amended in the transmittal. 

For safety and timeliness of change 

considerations, this amendment 

incorporates only specific changes 

contained for each SIAP and Takeoff 

Minimums and ODP as modified by 

FDC permanent NOTAMs. 

The SIAPs and Takeoff Minimums 

and ODPs, as modified by FDC 

permanent NOTAM, and contained in 

this amendment are based on criteria 

contained in the U.S. Standard for 

Terminal Instrument Procedures 

(TERPS). In developing these changes to 

SIAPs and Takeoff Minimums and 

ODPs, 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 that created the 

need for these SIAP and Takeoff 

Minimums and ODP amendments 

require making them effective in less 

than 30 days. 

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 


lotter on DSK11XQN23PROD with RULES1
63840 Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Rules and Regulations 

cause exists for making these SIAPs 

effective in less than 30 days. 

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, Navigation 

(air). 

Issued in Washington, DC, on September 1, 

2023. 

Thomas J. Nichols, 

Aviation Safety, Flight Standards Service, 

Manager, Standards Section, Flight 

Procedures & Airspace Group, Flight 

Technologies & Procedures Division. 

Adoption of the Amendment 

Accordingly, pursuant to the 

authority delegated to me, 14 CFR part 

97 is amended by amending Standard 

Instrument Approach Procedures and 

Takeoff Minimums and ODPs, 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(f), 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 name FDC No. FDC date Procedure name 

5–Oct–23 ...... PA Reading .................. Reading Rgnl/Carl A Spaatz 

Fld.

3/2093 8/10/23 This NOTAM, published in Docket No. 31504, Amdt No. 4076, 

TL 23–21, (88 FR 58496, August 28, 2023) is hereby rescinded in its entirety. 

5–Oct–23 ...... AK Toksook Bay ........... Toksook Bay ........................... 3/0840 8/17/23 RNAV (GPS) RWY 34, Amdt 3B. 

5–Oct–23 ...... AK Kobuk ...................... Kobuk ...................................... 3/0901 8/17/23 RNAV (GPS) RWY 9, Orig–B.

5–Oct–23 ...... HI Kahului .................... Kahului .................................... 3/1978 8/17/23 VOR Z OR TACAN RWY 20, 

Amdt 1. 

5–Oct–23 ...... AK Cordova .................. Merle K (Mudhole) Smith ........ 3/4108 8/17/23 RNAV (GPS) RWY 27, Amdt 2B. 

5–Oct–23 ...... AK Cordova .................. Merle K (Mudhole) Smith ........ 3/4118 8/17/23 RNAV (GPS)–B, Amdt 2A. 

5–Oct–23 ...... TX Cisco ....................... Gregory M Simmons Memorial 3/5997 8/18/23 RNAV (GPS) RWY 36, Amdt 1. 

5–Oct–23 ...... TX Cisco ....................... Gregory M Simmons Memorial 3/5998 8/19/23 RNAV (GPS) Y RWY 18, Amdt 

1. 

5–Oct–23 ...... OH Delaware ................. Delaware Muni/Jim Moore Fld 3/7356 8/18/23 RNAV (GPS) RWY 10, Amdt 1A. 

5–Oct–23 ...... NC Roxboro .................. Raleigh Rgnl At Person County.3/7532 8/18/23 ILS OR LOC RWY 6, Amdt 2. 

5–Oct–23 ...... CA Petaluma ................. Petaluma Muni ........................ 3/9654 8/17/23 VOR RWY 29, Orig–D. 

5–Oct–23 ...... CA Petaluma ................. Petaluma Muni ........................ 3/9655 8/17/23 RNAV (GPS) RWY 29, Orig–C. 

[FR Doc. 2023–20027 Filed 9–15–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 734 

[Docket No. 230907–0214] 

RIN 0694–AJ37 

Export Administration Regulations 

(EAR): Transfer of Access Information 

and Release of Software (Source Code 

and Object Code) 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule; technical correction. 

SUMMARY: In this final rule, the Bureau 

of Industry and Security (BIS) amends 

the Export Administration Regulations 

(EAR) to make a technical correction 

that also serves to clarify provisions of 

the EAR pertaining to the release of 

‘‘software’’ as set out in the sections on 

release and transfer of access 

information. This final rule clarifies an 

ambiguity in the EAR by adding a crossreference addressing transfer of access 

information in the section on releases of 

‘‘technology’’ and ‘‘software,’’ as was 

originally intended. In addition, this 

final rule adds a clarifying note that, for 

purposes of transfer of access 

information, a release of ‘‘software’’ 

includes both source code and object 

code. 

DATES: This rule is effective September 

18, 2023. 

FOR FURTHER INFORMATION CONTACT: For 

questions on these technical corrections, 

contact Eileen Albanese, Director, Office 

of National Security and Technology 

Transfer Controls, Bureau of Industry 

and Security, Department of Commerce, 

Phone: (202) 482–0092, Email: rpd2@

bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In this final rule, BIS amends the EAR 

to make a technical correction that also 

serves to clarify provisions of the EAR 

that pertain to the release of ‘‘software.’’ 

On June 3, 2016, BIS published the final 

rule, Revisions to Definitions in the 

Export Administration Regulations (81 

FR 35568) (June 3 rule). The June 3 rule 

added provisions to address releases of 

‘‘technology’’ and ‘‘software’’ under 

§ 734.15 and transfer of access 

information under § 734.19. In § 734.15, 

this final rule clarifies an ambiguity by 

adding a cross reference to § 734.19. In 

§ 734.19, this final rule adds a new note 

to the section clarifying that for 

purposes of transfer of access 

information, a release of ‘‘software’’ 

includes source code and object code. 


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