65598 Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Rules and Regulations 

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 

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 

15, 2023. 

Thomas J. Nichols, 

Manager, Aviation Safety, Flight Standards 

Service, 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 

2–Nov–23 ..... IA Clarinda .................. Schenck Fld ............................ 3/0220 9/5/23 RNAV (GPS) RWY 2, Amdt 1. 

2–Nov–23 ..... IA Clarinda .................. Schenck Fld ............................ 3/0224 9/5/23 RNAV (GPS) RWY 20, Amdt 1. 

2–Nov–23 ..... MN Crookston ............... Crookston Muni/Kirkwood Fld 3/0392 8/9/23 VOR/DME RWY 13, Orig-C. 

2–Nov–23 ..... TX Wink ........................ Winkler County ........................ 3/5962 9/11/23 RNAV (GPS) RWY 13, Amdt 1B. 

2–Nov–23 ..... WI Wisconsin Rapids ... Alexander Fld South Wood 

County.

3/6966 9/8/23 RNAV (GPS) RWY 2, Orig-B. 

[FR Doc. 2023–20551 Filed 9–22–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 31508; Amdt. No. 4079] 

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 September 

25, 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 

25, 2023. 

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. 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Rules and Regulations 65599 

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 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 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 97.20. The applicable FAA Forms 

8260–3, 8260–4, 8260–5, 8260–15A, 

8260–15B, when required by an entry 

on 8260–15A, and 8260–15C. 

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 or 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 typed 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 flights 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. 

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. 

Lists of Subjects in 14 CFR Part 97 

Air traffic control, Airports, 

Incorporation by reference, Navigation 

(air). 

Issued in Washington, DC, on September 

15, 2023. 

Thomas J. Nichols, 

Manager, Aviation Safety, Flight Standards 

Service, 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 establishing, 

amending, suspending, or removing 

Standard Instrument Approach 

Procedures and/or Takeoff Minimums 

and Obstacle Departure 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(f), 106(g), 40103, 

40106, 40113, 40114, 40120, 44502, 44514, 

44701, 44719, 44721–44722. 

■ 2. Part 97 is amended to read as 

follows: 

Effective 2 November 2023 

Jackson, CA, KJAQ, Takeoff Minimums and 

Obstacle DP, Amdt 2 

Albemarle, NC, KVUJ, RADAR–1, Orig–A 

Greensboro, NC, KGSO, RNAV (GPS) RWY 

5R, Amdt 2F 

Greensboro, NC, KGSO, RNAV (GPS) RWY 

23L, Amdt 2F 

Grand Forks, ND, KGFK, RNAV (GPS) RWY 

17R, Amdt 1A 

Towanda, PA, N27, RNAV (GPS)–A, Amdt 1 

Effective 30 November 2023 

Unalakleet, AK, PAUN, LOC RWY 15, Amdt 

6 

Greensboro, AL, 7A0, RNAV (GPS) RWY 18, 

Orig 

Greensboro, AL, 7A0, RNAV (GPS) RWY 36, 

Orig 

Greensboro, AL, 7A0, Takeoff Minimums and 

Obstacle DP, Orig 

Texarkana, AR, KTXK, ILS OR LOC RWY 22, 

Amdt 17 

Texarkana, AR, KTXK, LOC BC RWY 4, 

Amdt 13A, CANCELED 

Tucson, AZ, KTUS, Takeoff Minimums and 

Obstacle DP, Amdt 6 


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65600 Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Rules and Regulations 

San Francisco, CA, KSFO, GLS RWY 19L, 

Amdt 1 

San Francisco, CA, KSFO, GLS RWY 19R, 

Amdt 1 

San Francisco, CA, KSFO, ILS OR LOC RWY 

19L, Amdt 23 

San Francisco, CA, KSFO, RNAV (GPS) RWY 

19L, Amdt 4 

San Francisco, CA, KSFO, RNAV (GPS) Y 

RWY 19R, Amdt 4 

San Francisco, CA, KSFO, RNAV (GPS) Z 

RWY 19R, Orig 

Ankeny, IA, KIKV, ILS OR LOC RWY 36, 

Amdt 3A 

Des Moines, IA, KDSM, RNAV (GPS) RWY 5, 

Amdt 4 

Des Moines, IA, KDSM, RNAV (GPS) RWY 

23, Amdt 3 

Des Moines, IA, KDSM, Takeoff Minimums 

and Obstacle DP, Amdt 13 

Indianapolis, IN, KUMP, Takeoff Minimums 

and Obstacle DP, Amdt 4 

Flemingsburg, KY, KFGX, RNAV (GPS) RWY 

7, Amdt 1 

Flemingsburg, KY, KFGX, RNAV (GPS) RWY 

25, Amdt 1 

Flemingsburg, KY, KFGX, Takeoff Minimums 

and Obstacle DP, Amdt 1 

Faribault, MN, KFBL, RNAV (GPS) RWY 12, 

Amdt 2 

Marshall, MO, KMHL, Takeoff Minimums 

and Obstacle DP, Amdt 1 

Nevada, MO, KNVD, RNAV (GPS) RWY 2, 

Orig–B 

Nevada, MO, KNVD, RNAV (GPS) RWY 20, 

Orig–B 

Rocky Mount, NC, KRWI, VOR RWY 22, 

Amdt 3C 

Clovis, NM, KCVN, ILS RWY 4, Orig 

Clovis, NM, KCVN, ILS OR LOC RWY 4, 

Amdt 1, CANCELED 

Dayton, OH, KGDK, RNAV (GPS) RWY 7, 

Amdt 1A 

Dayton, OH, KGDK, RNAV (GPS) RWY 25, 

Amdt 1B 

Marysville, OH, KMRT, Takeoff Minimums 

and Obstacle DP, Amdt 3 

Ardmore, OK, KADM, RNAV (GPS) RWY 31, 

Amdt 1G 

Bellefonte, PA, N96, VOR–A, Amdt 2A, 

CANCELED 

Ebensburg, PA, 9G8, RNAV (GPS) RWY 7, 

Orig–D 

Ebensburg, PA, 9G8, RNAV (GPS) RWY 25, 

Orig–F 

Ebensburg, PA, 9G8, VOR–A Amdt 7B, 

CANCELED 

Mount Joy/Marietta, PA, N71, VOR RWY 28, 

Amdt 2 

Punxsutawney, PA, N35, Takeoff Minimums 

and Obstacle DP, Amdt 3A 

St Marys, PA, KOYM, RNAV (GPS) RWY 10, 

Amdt 1D 

St Marys, PA, KOYM, RNAV (GPS) RWY 28, 

Amdt 1F 

Wilkes-Barre/Scranton, PA, KAVP, ILS OR 

LOC RWY 22, Amdt 11 

Arlington, TX, KGKY, RNAV (GPS) RWY 16, 

Orig 

San Angelo, TX, KSJT, RADAR 1, Amdt 1C, 

CANCELED 

Berkeley Springs, WV, W35, VOR RWY 29, 

Amdt 6B, CANCELED 

[FR Doc. 2023–20550 Filed 9–22–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

15 CFR Part 231 

[Docket Number: 230915–0220] 

RIN 0693–AB70 

Preventing the Improper Use of CHIPS 

Act Funding 

AGENCY: CHIPS Program Office, 

National Institute of Standards and 

Technology, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: The CHIPS and Science Act of 

2022, which amended Title XCIX of the 

William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal 

Year 2021 (collectively, the CHIPS Act 

or Act) established an incentives 

program to reestablish and sustain U.S. 

leadership across the semiconductor 

supply chain. The Department of 

Commerce, through the National 

Institute of Standards and Technology, 

is issuing this final rule to implement 

conditions in the Act that seek to 

prevent funding provided through the 

program from being used to directly or 

indirectly benefit foreign countries of 

concern. The rule defines terms related 

to these conditions, describes the types 

of activities that are prohibited by those 

conditions, and sets forth procedures for 

notifying the Secretary of Commerce 

(Secretary) of non-compliance and the 

process by which the Secretary will 

enforce these provisions. 

DATES: This final rule is effective 

November 24, 2023. 

FOR FURTHER INFORMATION CONTACT: Sam 

Marullo at (202) 482–3844 or askchips@

chips.gov. Please direct media inquiries 

to the CHIPS Press Team at press@

chips.gov. 

SUPPLEMENTARY INFORMATION: On March 

23, 2023, the National Institute of 

Standards and Technology published 

and requested public comment on a 

proposed rule that defined terms used 

in the Act (including terms that will be 

used in required agreements with 

covered entities), identified the types of 

transactions that are prohibited under 

the Expansion Clawback and 

Technology Clawback sections of the 

Act, and provided a description of the 

proposed process for notification of 

certain transactions to the Secretary (88 

FR 17439). This final rule includes final 

definitions of terms, describes the types 

of conditions that will apply to 

expansion, joint research, and 

technology licensing activities, 

establishes a process for notifying the 

Secretary of potentially impermissible 

activities, and articulates processes by 

which the Secretary will enforce these 

provisions. 

Background 

The CHIPS Act, 15 U.S.C. 4651 et seq, 

established a semiconductor incentives 

program (CHIPS Incentives Program) to 

provide funding via grants, cooperative 

agreements, loans, loan guarantees, and 

other transactions, to incentivize 

investments in facilities and equipment 

in the United States for the fabrication, 

assembly, testing, advanced packaging, 

production, or research and 

development of semiconductors, 

materials used to manufacture 

semiconductors, or semiconductor 

manufacturing equipment. The CHIPS 

Incentives Program is administered by 

the CHIPS Program Office (CPO) within 

the National Institute of Standards and 

Technology (NIST) of the Department. 

To protect national security and the 

resiliency of supply chains, CHIPS 

funds may not be provided to a foreign 

entity of concern, such as an entity that 

is owned by, controlled by, or subject to 

the jurisdiction or direction of a country 

listed in 10 U.S.C. 4872(d). In addition, 

the Act establishes guardrails, including 

the Expansion Clawback (15 U.S.C. 

4652(a)(6)) and the Technology 

Clawback (15 U.S.C. 4652(a)(5)(C)), to 

prevent the beneficiaries of CHIPS funds 

from supporting the semiconductor 

manufacturing and technology 

development of foreign countries of 

concern. To effectuate these conditions, 

and to prevent their circumvention, 

covered entities are required to enter 

into a binding agreement with the 

Department. 

This final rule codifies the Expansion 

Clawback in Subpart B, including 

exceptions to the prohibition on 

semiconductor manufacturing capacity 

expansions that apply to existing 

facilities that manufacture legacy 

semiconductors and for significant 

transactions involving semiconductor 

manufacturing capacity expansion for 

new facilities producing legacy 

semiconductors that predominately 

serve the market of a foreign country of 

concern. 

This final rule requires covered 

entities to fulfill certain obligations 

ahead of taking certain actions. A 

covered entity must notify the Secretary 

of any planned significant transaction 

by the covered entity or a member of its 

affiliated group involving the material 

expansion of semiconductor 

manufacturing capacity in a foreign 

country of concern, including in cases 

where it believes the transaction may be 


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