Federal Register / Vol. 62, No. 5 / Wednesday, January 8, 1997 / Rules and Regulations 1051

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,

Navigation (Air).

Issued in Washington, DC, on December

27, 1996.

Thomas C. Accardi,

Director, Flight Standards Service.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me, part 97 of the

Federal Aviation Regulations (14 CFR

part 97) is amended by establishing,

amending, suspending, or revoking

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 is

revised to read as follows:

Authority: 49 U.S.C. 40103, 40113, 40120,

44701; 49 U.S.C. 106(g); and 14 CFR

11.49(b)(2).

2. Part 97 is amended to read as

follows:

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

97.35 [Amended]

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, MLS/DME,

MLS/RNAV; § 97.31 RADAR SIAPs;

§ 97.33 RNAV SIAPs; and § 97.35

COPTER SIAPs, identified as follows:

. . .Effective Upon Publication

FORT LAUDERDALE-HOLLYWOOD

INTL, FORT LAUDERDALE, FL. VOR

OR GPS RWY 27R AMDT 10C

FORT LAUDERDALE-HOLLYWOOD

INTL, FORT LAUDERDALE, FL.

RADAR-1 AMD 3B12/17/96

FORT LAUDERDALE-HOLLYWOOD

INTL, FORT LAUDERDALE, FL. ILS

RWY 27R AMDT 5

ST AUGUSTINE, ST AUGUSTINE, FL.

VOR RWY 31 ORIG

ST AUGUSTINE, ST AUGUSTINE, FL.

VOR OR GPS RWY 13 AMDT 5

FAIRFIELD COUNTY, WINNSBORO,

SC. GPS RWY 22 ORIG

PORTLAND INTL, PORTLAND, OR. ILS

RWY 10R AMDT 30A

CRAIG MUNI, JACKSONVILLE, FL. ILS

RWY 32 AMDT 3A

MONROE, MONROE, NC. VOR OR GPSA AMDT 11

MONROE, MONROE, NC. VOR/DME

OR GPS-B AMDT 6

MONROE, MONROE, NC. NDB OR GPS

RWY 5 AMDT 2

MONROE, MONROE, NC. ILS RWY 5

ORIG

METROPOLITAN OAKLAND INTL,

OAKLAND, CA. ILS RWY 29 ‘CAT II’

AMDT 23...ILS RWY 29 ‘CAT III’

AMDT 23

STUART/WITHAM FIELD, STUART,

FL. GPS RWY 29, ORIG

CHARLOTTE/DOUGLAS INTL,

CHARLOTTE, NC. LOC BC RWY 23

AMDT 10

BURLINGTON-ALAMANCE

REGIONAL, BURLINGTON, NC. NDB

OR GPS RWY 6, AMDT 3

BURLINGTON-ALAMANCE

REGIONAL, BURLINGTON, NC.

VOR/DME OR GPS-A, ORIG

TAMPA INTL, TAMPA, FL. ILS RWY

18L, AMDT 38D

TAMPA INTL, TAMPA, FL. VOR OR

GPS RWY 9, AMDT 7A

CRAIG FIELD, SELMA, AL. ILS RWY

33, ORIG-C

FI/P AUBURN-OPELIKA ROBERT G.

PITTS, AUBURN, AL. RNAV OR GPS

RWY 36, AMDT 3

AUBURN-OPELIKA ROBERT G. PITTS,

AURBURN, AL. VOR/DME OR GPSA, AMDT 6

AUBURN-OPELIKA ROBERT G. PITTS,

AUBURN, AL. VOR OR GPS RWY 28,

AMDT 9

AUBURN-OPELIKA ROBERT G. PITTS,

AUBURN, AL. NDB RWY 36, ORIG

AUBURN-OPELIKA ROBERT G. PITTS,

AUBURN, AL. LOC RWY 36, AMDT

2

BEAUMONT-PORT AUTHUR/

JEFFERSON COUNTY, BEAUMONTPORT AUTHOR, TX. GPS RWY 34,

ORIG

[FR Doc. 97–315 Filed 1–7–97; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 97

[Docket No. 28765; Amdt. No. 1773]

RIN 2120–AA65

Standard Instrument Approach

Procedures; Miscellaneous

Amendments

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This amendment establishes,

amends, suspends, or revokes Standard

Instrument Approach Procedures

(SIAPs) 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, 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: An effective date for each SIAP

is specified in the amendatory

provisions.

Incorporation by reference-approved

by the Director of the Federal Register

on December 31, 1980, and reapproved

as of January 1, 1982.

ADDRESSES: Availability of matters

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; or

3. The Flight Inspection Area Office

which originated the SIAP.

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:

Paul J. Best, Flight Procedures

Standards Branch (AFS–420), Technical

Programs Division, Flight Standards

Service, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone (202) 267–8277.

SUPPLEMENTARY INFORMATION: This

amendment to part 97 of the Federal

Aviation Regulations (14 CFR part 97)

establishes, amends, suspends, or

revokes Standard Instrument Approach

Procedures (SIAPs). The complete

regulatory description of each SIAP is
1052 Federal Register / Vol. 62, No. 5 / Wednesday, January 8, 1997 / Rules and Regulations

contained in official FAA form

documents which are incorporated by

reference in this amendment under 5

U.S.C. 552(a), 1 CFR part 51, and § 97.20

of the Federal Aviation Regulations

(FAR). The applicable FAA Forms are

identified as FAA Forms 8260–3, 8260–

4, and 8260–5. 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 (and FAR) 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 part 97 is effective

upon publication of each separate SIAP

as contained in the transmittal. Some

SIAP amendments may have been

previously issued by the FAA in a

National Flight Data Center (FDC)

Notice to Airmen (NOTAM) as an

emergency action of immediate flight

safety relating directly to published

aeronautical charts. The circumstances

which created the need for some SIAP

amendments may require making them

effective in less than 30 days. For the

remaining SIAPs, and effective date at

least 30 days after publication is

provided.

Further, the SIAPs contained in this

amendment are based on the criteria

contained in the U.S. Standard for

Terminal Instrument Approach

Procedures (TERPS). In developing

these SIAPs, 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 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 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.

List of Subjects in 14 CFR Part 97

Air Traffic Control, Airports,

Navigation (Air).

Issued in Washington, DC, on December

27, 1996.

Thomas C. Accardi,

Director, Flight Standards Service.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me, part 97 of the

Federal Aviation Regulations (14 CFR

part 97) is amended by establishing,

amending, suspending, or revoking

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 is

revised to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120, 44701; and 14 CFR 11.49(b)(2).

2. Part 97 is amended to read as

follows:

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

and 97.35 [Amended]

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, MLS/DME,

MLS/RNAV; § 97.31 RADAR SIAPs;

§ 97.33 RNAV SIAPs; and § 97.35

COPTER SIAPs, identified as follows:

* * *Effective January 30, 1997

Anvik, AK, Anvik, GPS RWY 35, Orig

Noatak, AK, Noatak, NDB/DME RWY 36,

Amdt 1

Harrisburg, IL, Harrisburg-Raleigh, NDB RWY

24, Amdt 10

Newberry, MI, Luce County, VOR or GPS

RWY 11, Amdt 10

Newberry, MI, Luce County, VOR or GPS

RWY 29, Amdt 10

Weslaco, TX, Mid Valley, VOR/DME–A, Orig

Weslaco, TX, Mid Valley, VOR/DME OR

GPS–A, Orig, cancelled

* * *Effective February 27, 1997

San Diego, CA, Brown Field Muni, VOR OR

GPS–A, Amdt 4

Houston, TX, Houston Intercontinental, ILS

RWY 9, Amdt 4

Houston, TX, Houston Intercontinental, ILS

RWY 26, Amdt 15

Houston, TX, Houston Intercontinental, GPS

RWY 27, Orig

Leesburg, VA, Leesburg Muni/Godfrey Field,

RNAV RWY 17, Amdt 9, Cancelled

Manassas, VA, Manassas Muni/Harry P.

Davis Field, VOR–B, Amdt 3, Cancelled

* * *Effective March 27, 1997

Lake Village, Lake Village Muni AR, GPS

RWY 1, Orig

Lake Village, Lake Village Muni AR, GPS

RWY 19, Orig

Magnolia, AR, Magnolia Muni, NDB RWY 36,

Amdt 1

Magnolia, AR, Magnolia Muni, GPS RWY 18,

Amdt 1

Magnolia, AR, Magnolia Muni, GPS RWY 36,

Amdt 1

Monticello, AR, Monticello Muni/Ellis Field,

VOR–A, Amdt 5

Monticello, AR, Monticello Muni/Ellis Field,

GPS RWY 3, Orig

San Diego, CA, Brown Field Muni, GPS RWY

8L, Orig

Hays, KS, Hays Muni, GPS RWY 16, Orig

New Orleans, LA, New Orleans (Moisant

Field), GPS RWY 10, Orig

New Orleans, LA, New Orleans (Moisant

Field), GPS RWY 19, Orig

Bedford, MA, Laurence G. Hanscom, GPS

RWY 23, Orig

Adrian, MI, Lenawee County, GPS RWY 5,

Orig

Jefferson City, MO, Jefferson City Memorial,

GPS RWY 12, Orig

Jefferson City, MO, Jefferson City Memorial,

GPS RWY 30, Orig

Albany, NY, Albany County, ILS RWY 19,

Amdt 20

Hudson, NY, Columbia County, NDB OR

GPS–A, Amdt 3

Hudson, NY, Columbia County, GPS RWY

21, Orig

Penn Yan, NY, Penn Yan, NDB RWY 28,

Amdt 6

Penn Yan, NY, Penn Yan, NDB RWY 1, Orig

Penn Yan, NY, Penn Yan, NDB RWY 19, Orig

Hazen, ND, Mercer County Regional, GPS

RWY 14, Orig

Hazen, ND, Mercer County Regional, GPS

RWY 32, Orig

Chandler, OK, Chandler Muni, GPS RWY 17,

Orig

Chandler, OK, Chandler Muni, GPS RWY 35,

Orig

Providence, RI, Theodore Frances Green

State, GPS RWY 16, Orig

Hondo, TX, Hondo Muni, NDB OR GPS RWY

35R, Amdt 4

Hondo, TX, Hondo Muni, VOR RWY 17L,

Orig, Cancelled

Hondo, TX, Hondo Muni, GPS RWY 17L,

Amdt 1

Houston, TX, Ellington Field, NDB RWY 22,

Orig

Houston, TX, Ellington Field, GPS RWY 4,

Orig

Houston, TX, Ellington Field, GPS RWY 17R,

Orig
Federal Register / Vol. 62, No. 5 / Wednesday, January 8, 1997 / Rules and Regulations 1053

Houston, TX, Ellington Field, GPS RWY 35L,

Orig

Waco, TX, McGregor Muni, GPS RWY 17,

Orig

Waco, TX, McGregor Muni, GPS RWY 35,

Orig

Blacksburg, VA, Virginia Tech, NDB OR

GPS–A, Amdt 2

[FR Doc. 97–314 Filed 1–7–97; 8:45 am]

BILLING CODE 4910–13–M

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 416

[Regulations No. 16]

RIN 0960–AE61

Reduction in Supplemental Security

Income (SSI) Payable to

Institutionalized Children Whose

Medical Costs Are Covered by Private

Insurance

AGENCY: Social Security Administration.

ACTION: Interim final rules with request

for comments.

SUMMARY: These regulations implement

an amendment to section 1611(e)(1)(B)

of the Social Security Act (the Act)

made by section 214 of Public Law 104–

193, the Personal Responsibility and

Work Opportunity Reconciliation Act of

1996. Section 214 extends applicability

of the reduced SSI benefit rate

(currently $30.00 per month) to children

under age 18 in medical care facilities

receiving payments on their behalf

under a health insurance policy issued

by a private provider. With these rule

changes, children with private health

insurance coverage will be treated the

same as children with Medicaid

coverage in terms of the amount of

benefits for which they are eligible.

While the major impact of these

regulations will be to reduce benefits for

those children described above, some

children residing in public institutions,

which receive private health insurance

payments and which currently do not

receive any SSI benefits on their behalf,

will become eligible for SSI benefits up

to $30 per month.

DATES: These interim final rules are

effective beginning January 8, 1997. To

be sure that your comments are

considered, we must receive them no

later than March 10, 1997.

ADDRESSES: Comments should be

submitted in writing to the

Commissioner of Social Security, P.O.

Box 1585, Baltimore, MD 21235; sent by

telefax to (410) 966–2830; sent by E-mail

to ‘‘regulations@ssa.gov’’; or, delivered

to the Division of Regulations and

Rulings, Social Security Administration,

3–B–1 Operations Building, 6401

Security Boulevard, Baltimore, MD

21235, between 8:00 A.M. and 4:30 P.M.

on regular business days. Comments

may be inspected during these same

hours by making arrangements with the

contact person shown below.

FOR FURTHER INFORMATION CONTACT:

Daniel T. Bridgewater, Legal Assistant,

Division of Regulations and Rulings,

Social Security Administration, 6401

Security Boulevard, Baltimore, MD

21235, (410) 965–3298 for information

about these rules. For information on

eligibility or claiming benefits, call our

national toll-free number, 1–800–772–

1213.

SUPPLEMENTARY INFORMATION:

Background

Section 1611(e)(1)(A) of the Act

generally precludes eligibility for SSI

benefits when a claimant is a resident of

a public institution throughout a month.

Section 1611(e)(1)(B) provided an

exception to that bar. Under that

section, payments could be made at the

reduced Federal benefit rate to

individuals in institutions ‘‘receiving

payments (with respect to such

individual or spouse) under a State plan

approved under title XIX * * * .’’ This

language was implemented through

regulations to mean that individuals in

institutions would receive only the

reduced benefit amount when

‘‘Medicaid (title XIX of the Social

Security Act) pays a substantial part

(more than 50 percent) of the cost of’’

the claimant’s care (§ 416.211(b)).

Section 214 of Public Law 104–193,

effective for benefits beginning with the

month of December 1996, amends

section 1611(e)(1)(B) of the Act by

extending applicability of the reduced

SSI benefit rate to children under age 18

in medical care facilities receiving

payments on their behalf under a health

insurance policy issued by a private

provider (hereinafter referred to as

private health insurance). Prior to the

enactment of section 214, children

under the age of 18 in private

institutions with private health

insurance generally could be eligible for

a full SSI payment. Section 214 now

restricts the SSI payment for such

children to the Federal reduced benefit

rate. Also, as is noted above, prior to

this legislation, individuals in public

institutions not receiving substantial

Medicaid payments on their behalf

generally were ineligible for SSI.

However, as a result of this legislation,

children under age 18 in public

institutions receiving private health

insurance on their behalf now are

eligible for SSI payments at the reduced

Federal benefit amount.

Section 214 could be interpreted as

requiring application of the reduced

benefit amount where any amount of

private health insurance payments is

being made on behalf of an

institutionalized child for the cost of the

child’s care in the institution. However,

if the private health insurance is not

paying for a significant amount of the

cost of care, we believe that application

of the reduced SSI payment would be at

odds with the intent of the SSI program

to help provide for the basic needs of

the child for food, clothing, and shelter.

Moreover, the legislative history

indicates that ‘‘[c]hildren in medical

institutions whose medical costs are

covered by private insurance would be

treated the same as children whose bills

are currently paid by Medicaid (that is,

their monthly SSI cash benefit would be

reduced to $30 per month).’’ H.R. Conf.

Rep. No. 725, 104th Cong., 2d Sess. 333

(1996). In addition, the legislative

history references children whose costs

are ‘‘covered,’’ not children for whom

any private insurance payments are

being made. Since Congress used the

same phrase, ‘‘receiving payments,’’ in

referring to cases where Medicaid is

paying towards the cost of care and to

cases where private health insurance is

paying towards the cost of care, we

believe that the extent of the medical

coverage which would reduce the SSI

payment to $30 should be the same.

Therefore, we have decided that the

more equitable approach is to apply the

reduced benefit amount to children

under age 18 with private health

insurance when it pays a substantial

part (more than 50 percent) of the cost

of their care in the institution. Similarly,

since Congress apparently wanted to

treat all children with significant

medical coverage in the same manner,

we also have decided that the reduced

benefit amount will apply in those cases

where children under age 18 are in

medical care facilities receiving a

combination of Medicaid and private

health insurance payments which

combined pay a substantial part (more

than 50 percent) of the cost of their care.

Regulatory Changes

Section 416.211 explains the general

prohibition against SSI eligibility for

residents of public institutions, as well

as the statutory exceptions to that

prohibition. We have revised

§ 416.211(b) to include a reference to

private health insurance as a factor in

applying the exception that permits SSI

payments at a reduced rate for certain

individuals in medical care facilities.

The introductory text of paragraph (b)