Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Rules and Regulations 65951 

[FR Doc. 2011–27367 Filed 10–24–11; 8:45 am] 

BILLING CODE 4910–13–C 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30809; Amdt. No. 3449] 

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 revokes 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 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 October 25, 

2011. 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 October 25, 

2011. 

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 the affected airport is 

located; 

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. 

Availability—All SIAPs are available 

online free of charge. Visit nfdc.faa.gov 

to register. Additionally, individual 

SIAP and Takeoff Minimums and ODP 

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. 

FOR FURTHER INFORMATION CONTACT: 

Richard A. Dunham III, 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 rule 

amends Title 14, Code of Federal 

Regulations, Part 97 (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 (FDC)/Permanent 

Notice to Airmen (P–NOTAM), and is 

incorporated by reference in the 

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

1 CFR part 51, and § 97.20 of Title 14 

of the Code of Federal Regulations. 

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. This 

amendment provides the affected CFR 

sections and specifies the types of SIAP 

and the corresponding effective dates. 

This amendment also identifies the 

airport and its location, the procedure 

and the amendment number. 

The Rule 

This amendment to 14 CFR part 97 is 

effective upon publication of each 

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 changes to 

SIAPs, 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 which created the need 

for all these SIAP amendments requires 

making them effective in less than 

30 days. 

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 October 14, 

2011. 

Ray Towles, 

Deputy 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: 


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65952 Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Rules and Regulations 

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, MLS, MLS/DME, MLS/RNAV; 

§ 97.31 RADAR SIAPs; § 97.33 RNAV 

SIAPs; and § 97.35 COPTER SIAPs, 

Identified as follows: 

* * *Effective Upon Publication 

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

and 97.35 [Amended] 

AIRAC Date State City Airport FDC No. FDC Date Subject 

17–Nov–11 ... AZ Phoenix ......... Phoenix Sky Harbor Intl ........ 1/0068 9/23/11 This NOTAM, published in TL 11–23, is 

hereby rescinded in its entirety. 

17–Nov–11 ... GQ Agana ............ Guam Intl .............................. 1/0544 9/29/11 This NOTAM, published in TL 11–23, is 

hereby rescinded in its entirety. 

17–Nov–11 ... GQ Agana ............ Guam Intl .............................. 1/0545 9/29/11 This NOTAM, published in TL 11–23, is 

hereby rescinded in its entirety. 

17–Nov–11 ... GQ Agana ............ Guam Intl .............................. 1/0546 9/29/11 This NOTAM, published in TL 11–23, is 

hereby rescinded in its entirety. 

17–Nov–11 ... GQ Agana ............ Guam Intl .............................. 1/0547 9/29/11 This NOTAM, published in TL 11–23, is 

hereby rescinded in its entirety. 

17–Nov–11 ... CA Los Angeles .. Los Angeles Intl .................... 1/0228 10/4/11 RNAV (RNP) Z RWY 6R, Orig. 

17–Nov–11 ... CA Los Angeles .. Los Angeles Intl .................... 1/0229 10/4/11 RNAV (RNP) Z RWY 7L, Orig. 

17–Nov–11 ... CA Los Angeles .. Los Angeles Intl .................... 1/0231 10/4/11 RNAV (RNP) Z RWY 24R, Orig. 

17–Nov–11 ... CA Los Angeles .. Los Angeles Intl .................... 1/0233 10/4/11 RNAV (RNP) Z RWY 7R, Orig. 

17–Nov–11 ... CA Los Angeles .. Los Angeles Intl .................... 1/0234 10/4/11 RNAV (RNP) Z RWY 6L, Orig. 

17–Nov–11 ... ID Boise ............. Boise Air Terminal/Gowen 

Fld.

1/0239 8/9/11 RNAV (RNP) Z RWY 28R, Orig-A. 

17–Nov–11 ... ID Boise ............. Boise Air Terminal/Gowen 

Fld.

1/0240 8/9/11 RNAV (RNP) Z RWY 10L, Orig-A. 

17–Nov–11 ... ID Boise ............. Boise Air Terminal/Gowen 

Fld.

1/0242 8/9/11 RNAV (RNP) Z RWY 10R, Orig-A. 

17–Nov–11 ... ID Boise ............. Boise Air Terminal/Gowen 

Fld.

1/0243 8/9/11 RNAV (RNP) Z RWY 28L, Orig-A. 

17–Nov–11 ... ID Hailey ............ Friedman Memorial ............... 1/0586 9/23/11 RNAV (RNP) Y RWY 31, Amdt 1A. 

17–Nov–11 ... AZ Tucson ........... Tucson Intl ............................ 1/0831 10/4/11 RNAV (RNP) Y RWY 29R, Orig. 

17–Nov–11 ... AZ Tucson ........... Tucson Intl ............................ 1/0832 10/4/11 RNAV (RNP) Y RWY 11L, Orig. 

17–Nov–11 ... PA Zelienople ...... Zelienople Muni ..................... 1/2717 10/6/11 RNAV (GPS) RWY 35, Orig-C. 

17–Nov–11 ... MT Butte .............. Bert Mooney .......................... 1/3061 9/26/11 ILS Y RWY 15, Amdt 7. 

17–Nov–11 ... OH Chillicothe ...... Ross County ......................... 1/3080 10/6/11 Takeoff Minimums and Obstacle DP, Amdt 

3. 

17–Nov–11 ... OH Chillicothe ...... Ross County ......................... 1/3081 10/6/11 RNAV (GPS) RWY 23, Orig-A. 

17–Nov–11 ... FL Ocala ............. Ocala Intl-Jim Taylor Field .... 1/3325 10/6/11 RNAV (GPS) RWY 18, Amdt 2. 

17–Nov–11 ... VA Norfolk ........... Norfolk Intl ............................. 1/3530 10/6/11 ILS OR LOC RWY 5, Amdt 25. 

17–Nov–11 ... OR Eugene .......... Mahlon Sweet Field .............. 1/3644 9/28/11 RNAV (RNP) Z RWY 16L, Orig. 

17–Nov–11 ... IL Effingham ...... Effingham County Memorial 1/4102 10/4/11 VOR RWY 1, Amdt 10. 

17–Nov–11 ... IL Effingham ...... Effingham County Memorial 1/4103 10/4/11 RNAV (GPS) RWY 1, Orig. 

17–Nov–11 ... IL Effingham ...... Effingham County Memorial 1/4104 10/4/11 Takeoff Minimums and Obstacle DP, Amdt 

5. 

17–Nov–11 ... IL Effingham ...... Effingham County Memorial 1/4107 10/4/11 LOC RWY 29, Amdt 1C. 

17–Nov–11 ... MI Lansing .......... Capital Region Intl ................ 1/4472 10/6/11 ILS OR LOC RWY 28L, Amdt 26A. 

17–Nov–11 ... TX Uvalde ........... Garner Field .......................... 1/4475 10/6/11 RNAV (GPS) RWY 33, Orig. 

17–Nov–11 ... GA Atlanta ........... Hartsfield-Jackson Atlanta 

Intl.

1/4513 10/6/11 ILS OR LOC RWY 27L, Amdt 16A; ILS 

RWY 27L (CAT II), Amdt 16A. 

17–Nov–11 ... NC Goldsboro ...... Goldsboro-Wayne Muni ........ 1/4568 10/4/11 Takeoff Minimums and Obstacle DP, Amdt 

1. 

17–Nov–11 ... ME Presque Isle .. Northern Maine Rgnl Arpt At 

Presque Isle.

1/4664 10/4/11 Takeoff Minimums and Obstacle DP, Amdt 

4. 

17–Nov–11 ... NE Columbus ...... Columbus Muni ..................... 1/7813 9/19/11 VOR RWY 14, Amdt B. 

17–Nov–11 ... NE Columbus ...... Columbus Muni ..................... 1/7814 9/19/11 VOR RWY 32, Amdt 14A. 

17–Nov–11 ... NE Columbus ...... Columbus Muni ..................... 1/7815 9/19/11 VOR/DME RWY 32, Amdt 3. 

17–Nov–11 ... NE Columbus ...... Columbus Muni ..................... 1/7816 9/19/11 LOC/DME RWY 14, Amdt 8A. 

17–Nov–11 ... NE Columbus ...... Columbus Muni ..................... 1/7817 9/19/11 RNAV (GPS) RWY 14, Orig-A. 

17–Nov–11 ... MO Kansas City ... Charles B. Wheeler Downtown.1/8566 9/19/11 ILS OR LOC RWY 19, Amdt 22. 

17–Nov–11 ... IA Dubuque ........ Dubuque Rgnl ....................... 1/9888 9/23/11 VOR RWY 36, Amdt 6A. 


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Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Rules and Regulations 65953 

1The term ‘‘liquidation’’ refers to the formal 

fixing of the terms of the entry by CBP. In 

liquidation, CBP fixes the appraisement, 

classification, and duties, taxes, and fees owed on 

imported merchandise (19 U.S.C. 1500). An entry 

is said to be ‘‘finally liquidated’’ when the period 

for filing a protest under 19 U.S.C. 1514 has 

expired. To protest the liquidation of an entry, the 

protest must be filed within 180 days of the date 

of liquidation (19 U.S.C. 1514(c)(3)(A)). 

2 In House Report 107–320 pertaining to the 

offsetting law, Congress provided that ‘‘[a] 

government audit should be an even-handed and 

neutral evaluation of a person’s compliance with 

the law. 

* * * The Committee redrafted this provision on 

the basis of concerns from Customs [now CBP]. It 

is the Committee’s intention that this provision 

shall not affect in any way Customs’ [CBP’s] current 

authority to define an audit’s scope, time period, 

and methodology.’’ While this report applies to the 

offsetting law, this statement of Congressional 

intent is relevant to CBP’s audit authority. 

[FR Doc. 2011–27361 Filed 10–24–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Parts 162 and 163 

[CBP Dec. 11–20; USCBP–2009–0029] 

RIN 1515–AD65 (Formerly RIN 1505–AC00) 

CBP Audit Procedures; Use of 

Sampling Methods and Offsetting of 

Overpayments and Over-Declarations 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Final rule. 

SUMMARY: This document amends the 

U.S. Customs and Border Protection 

(CBP) regulations by adding provisions 

for the use of sampling methods in CBP 

audits and prior disclosure cases and for 

the offsetting of overpayments and overdeclarations when an audit involves a 

calculation of lost duties, taxes, or fees 

or monetary penalties under 19 U.S.C. 

1592. The sampling provision may be 

used by both CBP and private parties in 

certain circumstances. The offsetting 

provision is in accordance with CBP’s 

authority under 19 U.S.C. 1509(b)(6). 

DATES: This rule is effective 

December 27, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

Legal Aspects: Alan C. Cohen, Penalties 

Branch, Regulations and Rulings, Office 

of International Trade (202) 325–0062; 

For Audit and Operational Aspects: 

Keith Richard, Regulatory Audit, Office 

of International Trade, (704) 401–4701. 

SUPPLEMENTARY INFORMATION: 

I. Background 

CBP is authorized to conduct audits 

under 19 U.S.C. 1509 (section 1509) 

(sometimes referred to in this document 

as CBP audits or section 1509 audits). 

The statute authorizes CBP to examine 

the records of, including conducting an 

audit of, parties subject to the agency’s 

authority for the following purposes: 

ascertaining the correctness of any 

entry; determining the liability of any 

person for duty, fees, and taxes due, or 

which may be due, the United States; 

determining liability for fines and 

penalties; or insuring compliance with 

the laws of the United States 

administered by CBP. Under section 

1509(b), specific procedures are set forth 

for conducting a formal audit authorized 

under the statute. 

On October 21, 2009, CBP published 

in the Federal Register (74 FR 53964) a 

proposed rule to amend title 19 of the 

Code of Federal Regulations (19 CFR) 

pertaining to prior disclosure 

procedures and audit procedures by 

amending §§ 162.74, 163.1, and 163.11 

(19 CFR 162.74, 163.1 and 163.11). The 

proposed amendments concerned the 

use of statistical sampling methods by 

CBP and private parties and the 

offsetting of overpayments of duties and 

fees or over-declarations of quantities or 

values on finally liquidated entries 1

against underpayments or underdeclarations on finally liquidated 

entries under certain prescribed 

circumstances. The proposed changes 

regarding sampling methods were 

designed to reflect in the regulations (19 

CFR 163.11) a practice recognized in 

both government and industry as the 

most practical and expeditious way to 

reliably assess voluminous numbers of 

transactions, such as are often 

encountered per audit in the modern 

commercial importation environment. A 

corresponding change was proposed to 

the CBP prior disclosure regulations (19 

CFR 162.74) to reflect that sampling 

may be used by private parties 

submitting prior disclosures. The 

proposed changes regarding offsetting 

reflected the amendment made by the 

Trade Act of 2002 (‘‘Trade Act’’) (Pub. 

L. 107–210, 116 Stat. 933 (2002)) to 

section 1509 pertaining to CBP audit 

procedures (19 CFR 163.11). 

Section 382 of the Trade Act amended 

section 1509(b) by adding the following 

paragraph (6): 

(6)(A) If, during the course of any audit 

conducted under this subsection, the 

Customs Service [now CBP] identifies 

overpayments of duties or fees or overdeclarations of quantities or values that are 

within the time period and scope of the audit 

that the Customs Service [CBP] has defined, 

then in calculating the loss of revenue or 

monetary penalties under section 592 [of the 

Tariff Act of 1930, as amended; 19 U.S.C. 

1592], the Customs Service [CBP] shall treat 

the overpayments or over-declarations on 

finally liquidated entries as an offset to any 

underpayments or under-declarations also 

identified on finally liquidated entries, if 

such overpayments or over-declarations were 

not made by the person being audited for the 

purpose of violating any provision of law. 

(B) Nothing in this paragraph shall be 

construed to authorize a refund not otherwise 

authorized under section 520 [of the Tariff 

Act of 1930, as amended, 19 U.S.C. 1520]. 

The proposed amendments also 

included removal of the term 

‘‘compliance assessments’’ from 19 CFR 

Part 163 as the term has become 

superfluous as a result of CBP policy 

changes with respect to audits. 

II. Discussion of Comments 

Comments were solicited on the 

proposed rule, and nine commenters 

responded. Collectively, the 

commenters raised numerous issues that 

CBP sets forth and responds to below. 

A. Proposed Amendments Regarding 

Statistical Sampling 

Comment: One commenter asserted 

that there is no authority in the customs 

laws for CBP to employ statistical 

sampling in an audit and that customs 

laws and regulations require an entryby-entry review. 

CBP response: CBP disagrees. Under 

section 1509, CBP is authorized to 

conduct audits of importers (and others 

subject to the customs laws and other 

laws enforced by CBP) to ensure 

compliance with the customs laws of 

the United States and other laws 

enforced by CBP. Section 1509 does not 

specify or limit the methods CBP may 

use in conducting an audit, thereby 

leaving these decisions to CBP 

discretion. Statistical sampling is a 

legitimate and widely accepted method 

of examining vast amounts of data to 

produce reliable results. As pointed out 

in the proposed rule regarding the 

proposed offsetting amendments, 

Congress acknowledged that CBP has 

and retains the authority to define an 

audit’s time period, scope, and 

methodology.2

Comment: Several commenters 

requested that CBP provide audit 

guidelines and/or an informed 

compliance publication on statistical 

sampling that includes information on 

statistical sampling factors and 

parameters used by CBP in audits. 

These aids would help importers 

understand statistical sampling and 

effectively apply sampling in internal 

audits and prior disclosures. 


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