27688 Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations 

Benton Harbor, MI, Southwest Michigan 

Rgnl, RNAV (GPS) RWY 28, Amdt 2B 

Detroit, MI, Coleman A Young Muni, ILS OR 

LOC RWY 15, Amdt 11 

Detroit, MI, Coleman A Young Muni, ILS OR 

LOC RWY 33, Amdt 15 

Pontiac, MI, Oakland County Intl, ILS OR 

LOC RWY 9R, Amdt 13 

Pontiac, MI, Oakland County Intl, LOC BC 

RWY 27L, Amdt 2 

Pontiac, MI, Oakland County Intl, RNAV 

(GPS) RWY 9R, Orig-B 

Pontiac, MI, Oakland County Intl, RNAV 

(GPS) RWY 27L, Orig-A 

Pontiac, MI, Oakland County Intl, VOR RWY 

9R, Amdt 24, CANCELED 

Pontiac, MI, Oakland County Intl, VOR RWY 

27L, Amdt 15, CANCELED 

Duluth, MN, Duluth Intl, COPTER ILS OR 

LOC RWY 27, Amdt 2B 

Duluth, MN, Duluth Intl, ILS OR LOC RWY 

9, ILS RWY 9 (SA CAT I), ILS RWY 9 (CAT 

II), Amdt 22B 

Duluth, MN, Duluth Intl, ILS OR LOC RWY 

27, Amdt 10C 

Duluth, MN, Duluth Intl, RNAV (GPS) RWY 

3, Orig-B 

Duluth, MN, Duluth Intl, RNAV (GPS) RWY 

9, Amdt 1D 

Duluth, MN, Duluth Intl, RNAV (GPS) RWY 

21, Orig-B 

Duluth, MN, Duluth Intl, RNAV (GPS) RWY 

27, Orig-C 

Minneapolis, MN, Airlake, RNAV (GPS) 

RWY 12, Amdt 1 

Minneapolis, MN, Airlake, VOR RWY 12, 

Amdt 3 

Missoula, MT, Missoula Intl, RNAV (RNP) 

RWY 30, Orig-C 

Gastonia, NC, Gastonia Muni, NDB RWY 3, 

Amdt 9A 

Nebraska City, NE, Nebraska City Muni, NDB 

RWY 15, Amdt 1A 

Morristown, NJ, Morristown Muni, RNAV 

(GPS) RWY 5, Amdt 4 

New York, NY, John F Kennedy Intl, 

COPTER RNAV (GPS) 027, Orig-C 

New York, NY, John F Kennedy Intl, ILS OR 

LOC RWY 4L, Amdt 11B 

New York, NY, John F Kennedy Intl, ILS OR 

LOC RWY 4R, ILS RWY 4R (CAT II), ILS 

RWY 4R (CAT III), Amdt 30A 

New York, NY, John F Kennedy Intl, ILS OR 

LOC RWY 13L, ILS RWY 13L (CAT II), 

Amdt 18A 

New York, NY, John F Kennedy Intl, ILS OR 

LOC RWY 22L, ILS RWY 22L (CAT II), ILS 

RWY 22L (CAT III), Amdt 24C 

New York, NY, John F Kennedy Intl, ILS OR 

LOC RWY 22R, Amdt 2B 

New York, NY, John F Kennedy Intl, ILS OR 

LOC RWY 31L, Amdt 11A 

New York, NY, John F Kennedy Intl, ILS OR 

LOC RWY 31R, Amdt 16A 

New York, NY, John F Kennedy Intl, RNAV 

(GPS) RWY 22R, Amdt 1F 

New York, NY, John F Kennedy Intl, RNAV 

(GPS) Y RWY 4L, Amdt 3A 

New York, NY, John F Kennedy Intl, RNAV 

(GPS) Y RWY 4R, Amdt 2A 

New York, NY, John F Kennedy Intl, RNAV 

(GPS) Y RWY 22L, Amdt 1E 

New York, NY, John F Kennedy Intl, RNAV 

(GPS) Y RWY 31L, Amdt 2A 

New York, NY, John F Kennedy Intl, RNAV 

(GPS) Y RWY 31R, Amdt 2B 

New York, NY, John F Kennedy Intl, RNAV 

(RNP) Z RWY 4L, Amdt 2A 

New York, NY, John F Kennedy Intl, RNAV 

(RNP) Z RWY 4R, Amdt 1A 

New York, NY, John F Kennedy Intl, RNAV 

(RNP) Z RWY 22L, Amdt 1C 

New York, NY, John F Kennedy Intl, RNAV 

(RNP) Z RWY 31L, Amdt 1A 

New York, NY, John F Kennedy Intl, RNAV 

(RNP) Z RWY 31R, Amdt 1A 

Saratoga Springs, NY, Saratoga County, 

RNAV (GPS) RWY 23, Amdt 2 

Hillsboro, OH, Highland County, Takeoff 

Minimums and Obstacle DP, Amdt 4 

Hollis, OK, Hollis Muni, RNAV (GPS) RWY 

18, Orig 

Hollis, OK, Hollis Muni, RNAV (GPS) RWY 

36, Orig 

Hollis, OK, Hollis Muni, Takeoff Minimums 

and Obstacle DP, Orig 

Astoria, OR, Astoria Rgnl, ASTORIA THREE, 

Graphic DP 

Astoria, OR, Astoria Rgnl, Takeoff Minimums 

and Obstacle DP, Amdt 7 

Portland, OR, Portland-Hillsboro, ILS OR 

LOC RWY 13R, Amdt 10B 

Kenedy, TX, Karnes County, RNAV (GPS) 

RWY 16, Orig-B 

Mineola/Quitman, TX, Wood County, RNAV 

(GPS) RWY 18, Orig-B 

Mineola/Quitman, TX, Wood County, RNAV 

(GPS) RWY 36, Orig-C 

Port Isabel, TX, Port Isabel-Cameron County, 

Takeoff Minimums and Obstacle DP, Amdt 

2B 

Rice Lake, WI, Rice Lake Rgnl—Carl’s Field, 

RNAV (GPS) RWY 19, Amdt 3 

Afton, WY, Afton Muni, AFTON FOUR, 

Graphic DP 

Rescinded: On May 23, 2018 (83 FR 

23802), the FAA published an Amendment 

in Docket No. 31193, Amdt No. 3799, to Part 

97 of the Federal Aviation Regulations under 

section 97.23. The following entry for 

Wellsville, NY, effective July 19, 2018, is 

hereby rescinded in its entirety: 

Wellsville, NY, Wellsville Muni Arpt, 

Tarantine Fld, VOR–A, Amdt 6, 

CANCELED 

[FR Doc. 2018–12713 Filed 6–13–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 31198; Amdt. No. 3804] 

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 June 14, 

2018. 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 June 14, 

2018. 

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 

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 

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 Procedure 

Standards Branch (AFS–420) Flight 

Technologies and Procedures Division, 

Flight Standards Service, Federal 

Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd., Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 


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Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations 27689 

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 (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 the 

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 June 1, 2018. 

John S. Duncan, 

Executive 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 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 FDC No. FDC date Subject 

19-Jul-18 ...... LA Lafayette ................ Lafayette Rgnl/Paul Fournet 

Field.

7/0318 5/21/18 RADAR 1, Amdt 10A 

19-Jul-18 ...... WI Prairie Du Sac ....... Sauk-Prairie ........................... 8/2721 5/21/18 RNAV (GPS) Rwy 36, Orig 

19-Jul-18 ...... WI Prairie Du Sac ....... Sauk-Prairie ........................... 8/2723 5/21/18 RNAV (GPS) Rwy 18, Orig-A 

19-Jul-18 ...... WI Watertown ............. Watertown Muni .................... 8/2964 5/21/18 RNAV (GPS) Rwy 11, Orig 

19-Jul-18 ...... FL Gainesville ............. Gainesville Rgnl .................... 8/3252 5/21/18 ILS OR LOC Rwy 29, Amdt 12E 

19-Jul-18 ...... TX Hereford ................ Hereford Muni ....................... 8/4499 5/21/18 NDB Rwy 20, Amdt 2A 

19-Jul-18 ...... WI Madison ................. Dane County Rgnl-Truax 

Field.

8/4646 5/21/18 RNAV (GPS) Rwy 3, Orig-C 

19-Jul-18 ...... CA Upland ................... Cable ..................................... 8/6310 5/21/18 Takeoff Minimums and Obstacle 

DP, Amdt 3 

19-Jul-18 ...... AR Monticello .............. Monticello Muni/Ellis Field ..... 8/7594 5/21/18 VOR–A, Amdt 6A 

19-Jul-18 ...... AR Monticello .............. Monticello Muni/Ellis Field ..... 8/7600 5/21/18 RNAV (GPS) Rwy 21, Amdt 2 

19-Jul-18 ...... NE Norfolk ................... Norfolk Rgnl/Karl Stefan Memorial Fld.8/8694 5/21/18 VOR Rwy 32, Amdt 7 

19-Jul-18 ...... NE Norfolk ................... Norfolk Rgnl/Karl Stefan Memorial Fld.8/8709 5/21/18 RNAV (GPS) Rwy 32, Amdt 1 


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27690 Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations 

AIRAC date State City Airport FDC No. FDC date Subject 

19-Jul-18 ...... NE Norfolk ................... Norfolk Rgnl/Karl Stefan Memorial Fld.8/8711 5/21/18 VOR Rwy 19, Amdt 8 

19-Jul-18 ...... MO St Louis ................. Creve Coeur .......................... 8/9092 5/21/18 Takeoff Minimums and Obstacle 

DP, Amdt 2 

19-Jul-18 ...... MA Beverly .................. Beverly Rgnl .......................... 8/9547 5/21/18 RNAV (GPS) Rwy 27, Amdt 1A 

19-Jul-18 ...... SC Aiken ..................... Aiken Muni ............................ 8/9658 5/21/18 ILS OR LOC/DME Rwy 7, Orig-C 

19-Jul-18 ...... SC Aiken ..................... Aiken Muni ............................ 8/9659 5/21/18 NDB Rwy 25, Amdt 10C 

19-Jul-18 ...... SC Aiken ..................... Aiken Muni ............................ 8/9660 5/21/18 RNAV (GPS) Rwy 25, Amdt 1C 

19-Jul-18 ...... SC Aiken ..................... Aiken Muni ............................ 8/9661 5/21/18 RNAV (GPS) Rwy 7, Amdt 1C 

19-Jul-18 ...... SC Aiken ..................... Aiken Muni ............................ 8/9662 5/21/18 VOR/DME–A, Amdt 1A 

[FR Doc. 2018–12710 Filed 6–13–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Office of Workers’ Compensation 

Programs 

20 CFR Part 725 

RIN 1240–AA11 

Black Lung Benefits Act: Medical 

Benefit Payments 

AGENCY: Office of Workers’ 

Compensation Programs, Labor. 

ACTION: Final rule. 

SUMMARY: This final rule revises the 

regulations under the Black Lung 

Benefits Act (BLBA or Act) governing 

the payment of medical benefits and 

maintains the level of care available to 

miners. The final rule establishes 

methods for determining the amounts 

that the Black Lung Disability Trust 

Fund (Trust Fund) will pay for covered 

medical services and treatments 

provided to entitled miners. The 

Department based the rule on payment 

formulas that the Centers for Medicare 

& Medicaid Services (CMS) uses to 

determine payments under the Medicare 

program, which are similar to the 

formulas used by other programs that 

the Office of Workers’ Compensation 

Programs (OWCP) administers. The 

Department is adopting these payment 

formulas for the black lung program 

because they more accurately reflect 

prevailing community rates for 

authorized treatments and services than 

do the internally-derived payment 

formulas that OWCP currently uses. In 

addition, the final rule eliminates two 

obsolete provisions. 

DATES: 

Effective Date: This rule is effective 

August 31, 2018. 

Applicability Dates: Sections 

725.708(d), 725.709, and 725.711 apply 

to medical equipment, prescription 

drugs, and inpatient medical services 

provided or rendered after August 31, 

2018. Sections 725.708(a) and (b) and 

725.710 apply to professional medical 

services and outpatient medical services 

rendered after November 30, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Michael A. Chance, Director, Division of 

Coal Mine Workers’ Compensation, 

Office of Workers’ Compensation 

Programs, U.S. Department of Labor, 

200 Constitution Avenue NW, Suite N– 

3520, Washington, DC 20210. 

Telephone: 1–800–347–2502. This is a 

toll-free number. TTY/TDD callers may 

dial toll-free 1–800–877–8339 for 

further information. 

SUPPLEMENTARY INFORMATION: 

I. Background of This Rulemaking 

The BLBA, 30 U.S.C. 901–944, 

provides for the payment of benefits to 

coal miners and certain of their 

dependent survivors on account of total 

disability or death due to coal workers’ 

pneumoconiosis. 30 U.S.C. 901(a); Usery 

v. Turner Elkhorn Min. Co., 428 U.S. 1, 

5 (1976). A miner who is entitled to 

disability benefits under the BLBA is 

also entitled to medical benefits. 33 

U.S.C. 907, as incorporated by 30 U.S.C. 

932(a); 20 CFR 725.701. Those medical 

benefits entitle a miner to medical, 

surgical, and other treatment—including 

hospital services, medicine, equipment, 

and supplies—for his or her 

pneumoconiosis and related disability. 

20 CFR 725.701(b). The rules governing 

the payment of medical benefits are 

contained in 20 CFR part 725, subpart 

J. 

Benefits are paid by either a 

‘‘responsible’’ coal mine operator (or its 

insurance carrier), or the Trust Fund. 

Director, OWCP v. Bivens, 757 F.2d 781, 

783 (6th Cir. 1985); see 20 CFR 725.495 

(criteria for determining a responsible 

operator). OWCP pays medical benefits 

from the Trust Fund in three instances: 

(1) If no responsible operator can be 

identified as the party liable for a claim, 

and the Trust Fund is liable as a result 

(see 20 CFR 725.701(b)); (2) when the 

identified responsible operator declines 

to pay benefits pending final 

adjudication of a claim (see 20 CFR 

725.522, 725.708(b)); and (3) when the 

responsible operator fails to meet its 

payment obligations on an effective 

award (see 20 CFR 725.502). For interim 

payments made pending final 

adjudication, OWCP seeks 

reimbursement from the operator after 

the claim is finally awarded. 20 CFR 

725.602(a). Likewise, OWCP seeks 

reimbursement for payments made 

when an operator fails to meet its 

obligations on an effective award. 20 

CFR 725.601. 

Although the current regulations 

provide that medical services and 

supplies be paid at the rate prevailing in 

the community where the physician, 

medical facility or supplier is located, 

they do not address how the prevailing 

community rate should be determined. 

See 20 CFR 725.706(c). OWCP currently 

bases Trust Fund payments for 

professional medical services, medical 

equipment, and inpatient and outpatient 

medical services and treatments on 

internally-derived payment formulas. 

For prescription medications, OWCP 

uses a payment formula similar to that 

employed by the three other workers’ 

compensation programs that it 

administers. 

On January 4, 2017, the Department 

issued a Notice of Proposed Rulemaking 

(NPRM), proposing a revised Subpart J. 

82 FR 739–770 (Jan. 4, 2017). 

Specifically, the Department proposed 

to base Trust Fund payments for all 

medical services and treatments 

rendered on or after the effective date of 

the rule on payment formulas derived 

from those used by CMS under the 

Medicare program. Id. at 740. The 

proposed payment formulas were 

similar to those used by other OWCP 

programs, but were tailored to the 

specific geography, medical conditions, 

and needs of black lung program 

stakeholders. See id. at 767 (proposed 

§ 725.707). 

The Department chose these payment 

formulas for several reasons. The 

proposed formulas more accurately 

reflected prevailing community rates for 

authorized treatments and services than 

did OWCP’s internally-derived 

formulas. Id. at 740. In addition, 


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