Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations 27683 

U.S.C. 6101–6112]; the Popcorn 

Promotion, Research, and Consumer 

Information Act [7 U.S.C. 7481–7491]; 

the Pork Promotion, Research, and 

Consumer Information Act [7 U.S.C. 

4801–4819]; the Potato Research and 

Promotion Act, as amended [7 U.S.C. 

2611–2627]; the Soybean Promotion, 

Research, and Consumer Information 

Act [7 U.S.C. 6301–6311]; and the 

Watermelon Research and Promotion 

Act, as amended, [7 U.S.C. 4901–4916]. 

(b) Mail means to transmit either 

electronically or through a postal or 

other delivery system, information or a 

package (e.g., letter or envelope) to a 

recipient. 

Dated: June 8, 2018. 

Bruce Summers, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2018–12722 Filed 6–13–18; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1216 

[Document Number AMS–SC–16–0115] 

Peanut Promotion, Research, and 

Information Order; Change in 

Assessment Rate Computation 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule changes the 

assessment rate computation under the 

Agricultural Marketing Service’s (AMS) 

regulations regarding a national research 

and promotion program (program) for 

U.S. peanuts. This rule changes the 

basis for assessment under the 

regulations from value to volume (per 

ton). Two rates of assessment are 

established instead of using the formula 

currently specified in the regulations. 

This rule also updates the definition for 

‘‘fiscal year’’ specified in the regulations 

to reflect current practices. 

DATES: Effective Date: July 16, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Jeanette Palmer, Marketing Specialist, 

Promotion and Economics Division, 

Specialty Crops Program, AMS, USDA, 

Stop 0244, 1400 Independence Avenue 

SW, Room 1406–S, Washington, DC 

20250–0244; telephone: (202) 720–9915; 

facsimile: (202) 205–2800; or electronic 

mail: Jeanette.Palmer@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule affecting the Peanut Promotion, 

Research, and Information Order (order) 

at 7 CFR part 1216 is authorized under 

the Commodity Promotion, Research, 

and Information Act of 1996 (1996 

Act)(7 U.S.C. 7411–7425). 

Executive Orders 12866, 13563, and 

13771 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, reducing costs, 

harmonizing rules and promoting 

flexibility. This action falls within a 

category of regulatory actions that the 

Office of Management and Budget 

(OMB) exempted from Executive Order 

12866 review. Additionally, because 

this rule does not meet the definition of 

a significant regulatory action it does 

not trigger the requirements contained 

in Executive Order 13771. See OMB’s 

Memorandum titled ‘‘Interim Guidance 

Implementing Section 2 of the Executive 

Order of January 30, 2017, titled 

‘Reducing Regulation and Controlling 

Regulatory Costs’ ’’ (February 2, 2017). 

Executive Order 13175 

This final rule has been reviewed in 

accordance with the requirements of 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments. The review reveals that 

this rule will not have substantial and 

direct effects on Tribal governments and 

will not have significant Tribal 

implications. 

Executive Order 12988 

In addition, this final rule has been 

reviewed under Executive Order 12988, 

Civil Justice Reform. It is not intended 

to have retroactive effect. Section 524 of 

the 1996 Act (7 U.S.C. 7423) provides 

that it shall not affect or preempt any 

other Federal or State law authorizing 

promotion or research relating to an 

agricultural commodity. 

Under section 519 of the 1996 Act (7 

U.S.C. 7418), a person subject to an 

order may file a written petition with 

USDA stating that an order, any 

provision of an order, or any obligation 

imposed in connection with an order, is 

not established in accordance with the 

law, and request a modification of an 

order or an exemption from an order. 

Any petition filed challenging an order, 

any provision of an order, or any 

obligation imposed in connection with 

an order, shall be filed within two years 

after the effective date of an order, 

provision, or obligation subject to 

challenge in the petition. The petitioner 

will have the opportunity for a hearing 

on the petition. Thereafter, USDA will 

issue a ruling on the petition. The 1996 

Act provides that the district court of 

the United States for any district in 

which the petitioner resides or conducts 

business shall have the jurisdiction to 

review a final ruling on the petition, if 

the petitioner files a complaint for that 

purpose not later than 20 days after the 

date of the entry of USDA’s final ruling. 

Background 

This rule changes the assessment rate 

computation under the Peanut 

Promotion, Research, and Information 

Order. Part 1216 is administered by the 

Board with oversight by USDA. This 

rule changes the basis for assessment 

under the program from value to volume 

(per ton). Two rates of assessment are 

established instead of using the formula 

currently specified in this part. The 

assessment rates will be $3.55 per ton 

for Segregation 1 peanuts and $1.25 per 

ton for lower quality Segregation 2 and 

3 peanuts. This action was unanimously 

recommended by the National Peanut 

Board (Board) and will help facilitate 

program operations by providing a more 

predictable revenue stream for the 

Board. This rule also updates the 

definition for fiscal year specified in the 

part to reflect current practices. 

The Peanut Promotion, Research, and 

Information Order regulations took 

effect in 1999. Under the regulations, 

the Board administers a nationallycoordinated program of promotion, 

research, and information designed to 

strengthen the position of peanuts in the 

market place and to develop, maintain, 

and expand the demand for U.S. 

peanuts. 

Section 1216.48(m) provides authority 

for the Board to recommend to the 

Secretary amendments to the 

regulations as the Board considers 

appropriate. 

Section 1216.51 specifies that the 

funds necessary to pay for programs and 

other authorized costs shall be acquired 

by levying assessments upon producers 

in a manner prescribed by the Secretary. 

The assessments are collected by first 

handlers from producers and remitted to 

the Board no later than 60 days after the 

last day of the month in which the 

peanuts were marketed. Paragraph (c) of 

that section currently states that 

assessments shall be levied based on 

value at a rate of one percent of the 

price paid for all farmers stock peanuts 

sold. As defined in § 1216.9, ‘‘farmers 

stock peanuts’’ means picked or 

threshed peanuts produced in the 

United States which have not been 


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27684 Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations 

1USDA’s Farm Service Agency administers a 

marketing assistance program for peanuts on behalf 

of the Commodity Credit Corporation. Under this 

program, producers may apply for a loan which 

allows them to store their production and pledge 

the peanuts as collateral instead of selling them 

immediately after the fall harvest. https://

www.fsa.usda.gov/programs-and-services/pricesupport/commodity-loans/non-recourse-loans/ 

peanut-program/index. 

2https://www.fsa.usda.gov/news-room/newsreleases/2017/nr_20170707_rel_0074. 

3National Peanut Board, Financial Statements 

with Independent Auditor’s Report and 

Supplementary Information, October 31, 2014, 

Brooks, McGinnis & Company, LLC, p. 14. 

4National Peanut Board, Financial Statements 

with Independent Auditor’s Report and 

Supplementary Information, October 31, 2015, 

Brooks, McGinnis & Company, LLC, p. 12. 

5National Peanut Board, Financial Statements 

with Independent Auditor’s Report and 

Supplementary Information, October 31, 2016, 

Brooks, McGinnis & Company, LLC, p. 14. 

6USDA Crop Values Summary 2014, February 

2015, p. 8; http://usda.mannlib.cornell.edu/usda/ 

nass/CropValuSu//2010s/2015/CropValuSu-02-24- 

2015_correction.pdf. 

7USDA, Crop Values Summary 2016, February 

2017, p. 7; http://usda.mannlib.cornell.edu/usda/ 

nass/CropValuSu//2010s/2017/CropValuSu-02-24- 

2017_revision.pdf. 

8USDA, Crop Production Summary 2013, January 

2014, p. 79; http://usda.mannlib.cornell.edu/usda/ 

nass/CropProdSu//2010s/2014/CropProdSu-01-10- 

2014.pdf. 

9USDA, Crop Production Summary 2016, 

February 2017, p. 101; http://

usda.mannlib.cornell.edu/usda/current/ 

CropProdSu/CropProdSu-01-12-2017.pdf. 

10USDA Crop Production, August 10, 2017, p. 31; 

https://www.usda.gov/nass/PUBS/TODAYRPT/ 

crop0817.pdf. 

11 7 CFR part 996 took effect in 2002 and requires 

U.S. and imported peanuts to meet certain quality 

standards (67 FR 57129; September 9, 2002). 

12USDA, Crop Values Summary 2016, February 

2017, p. 9; http://usda.mannlib.cornell.edu/usda/ 

nass/CropValuSu//2010s/2017/CropValuSu-02-24- 

2017_revision.pdf. 

changed (except for removal of foreign 

material, loose shelled kernels and 

excess moisture) from the condition in 

which picked or threshed peanuts are 

customarily marketed by producers, 

plus any loose shelled kernels that are 

removed before farmers stock peanuts 

are marketed. 

For producers who place their 

peanuts in a USDA loan program,1

assessments are levied at a rate of one 

percent of the loan value. The loan 

value is equivalent to the national loan 

rate for peanuts established by Congress 

and currently averages $355 per ton.2

The loan rate will vary depending upon 

the quality of the peanuts (e.g., 

Segregation 1, 2, and 3). For peanuts 

placed under loan, USDA deducts from 

the loan paid to the producer one 

percent of the loan value and remits this 

to the Board. This computes to an 

average assessment rate of $3.55 per ton. 

Over the three year period (2014– 

2016), about $8.6 million in assessments 

has been collected under the program 

annually. Assessments collections 

totaled $7,284,050 3 in 2014, 

$8,811,444 4 in 2015, and $9,670,889 5

in 2016. 

In recent years, the Board has 

discussed the merits of modifying the 

formula for calculating assessments in 

order to receive a more predictable 

revenue stream for the program. A 

reduction in value (producer price or 

the loan rate) could reduce Board 

revenue to the point where the Board 

would have to drastically curtail its 

promotional and research activities. 

Producer prices declined 24 percent 

from 2013–2016 while production 

increased. According to USDA’s 

National Agricultural Statistics Service 

(NASS), the producer price was $0.249 

per pound (or $498 per ton) in 2013 6

and $0.189 (or $378 per ton) in 2016.7

Production in 2013 was 4.174 billion 

pounds 8 and 5.685 billion pounds in 

2016.9 For 2017, production is 

estimated at 7.429 billion pounds, up 31 

percent from 2016.10

Board Recommendation 

The Board met on April 4, 2017, and 

unanimously recommended changing 

the basis for assessment under the order 

from value to volume (per ton). Two 

rates of assessments will be established 

for farmers stock peanuts, depending 

upon their quality as defined in the 

Minimum Quality and Handling 

Standards for Domestic and Imported 

Peanuts Marketed in the United States 

(Standards) codified in 7 CFR part 

996.11 Under the authority of section 

517(d) of the 1996 Act, a board may 

recommend to the Secretary one or more 

rates of assessment under an order. The 

Board specifically recommended to set 

the assessment rates at $3.55 per ton for 

Segregation 1 peanuts and $1.25 per ton 

for lower quality Segregation 2 and 3 

peanuts. 

Pursuant to § 996.13(b) of the 

Standards, ‘‘Segregation l peanuts’’ 

means farmers stock peanuts with not 

more than 3.49 percent damaged kernels 

nor more than l.00 percent concealed 

damage caused by rancidity, mold, or 

decay and which are free from visible 

Aspergillus flavus. Pursuant to 

§ 996.13(c), ‘‘Segregation 2 peanuts’’ 

means farmers stock peanuts with more 

than 3.49 percent damaged kernels or 

more than l.00 percent concealed 

damage caused by rancidity, mold, or 

decay and which are free from visible 

Aspergillus flavus. Pursuant to 

§ 996.13(d), ‘‘Segregation 3 peanuts’’ 

means farmers stock peanuts with 

visible Aspergillus flavus. 

This action will help facilitate 

program operations by providing a more 

predictable revenue stream for the 

Board to carry out its mission. Section 

1216.51 is revised accordingly. 

This rule references §§ 996.13(b), 

996.13(c) and 996.13(d) of the Standards 

which define the terms Segregation 1 

peanuts, Segregation 2 peanuts, and 

Segregation 3 peanuts, respectively. 

Further, this rule revises § 1216.11 

regarding the term ‘fiscal year’ from the 

12-month period beginning August 1 of 

any year and ending July 31 of the 

following year to the 12-month period 

beginning November 1 of any year and 

ending October 31 of the following year 

to reflect current industry practices. 

That section also defines the term crop 

year to mean the same as fiscal year. 

The term crop year is not referenced 

elsewhere in part 1216 and is thus not 

necessary. This rule removes that term 

from § 1216.11. Section 1216.11 is 

revised accordingly. 

Final Regulatory Flexibility Act 

Analysis 

In accordance with the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601– 

612), AMS is required to examine the 

impact of the final rule on small 

entities. Accordingly, AMS has 

considered the economic impact of this 

action on such entities. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions so 

that small businesses will not be 

disproportionately burdened. The Small 

Business Administration (SBA) defines, 

in 13 CFR part 121, small agricultural 

producers as those having annual 

receipts of no more than $750,000 and 

small agricultural service firms 

(handlers) as those having annual 

receipts of no more than $7.5 million. 

According to the Board, there are 

approximately 7,600 producers and 33 

handlers of peanuts who are required to 

pay assessments under the program. 

Most producers would be classified as 

small businesses under the criteria 

established by the SBA. USDA’s NASS 

reports that the farm value of the 

peanuts produced in the top 11 States 

in 2016 was $1.077 billion.12 Dividing 

the 2016 crop value by 7,600 producers 

yields an average peanut sales per 

producer estimate of approximately 

$142,000. This is well below the 

threshold level of $750,000 in annual 

sales, indicating that most peanut 

producers would be classified by the 

SBA as small businesses. 

Dividing the 2016 crop value by 33 

handlers yields an average peanut crop 

value per handler of about $33 million. 

This is many times larger than the $7.5 


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Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations 27685 

13USDA Crop Production, August 10, 2017, p. 16; 

https://www.usda.gov/nass/PUBS/TODAYRPT/ 

crop0817.pdf. 

14USDA 2012 Census of Agriculture; p. 444; 

https://www.agcensus.usda.gov/Publications/2012/ 

Full_Report/Volume_1,_Chapter_1_US/usv1.pdf. 

15This action would not increase the assessment 

rate. Therefore, a referendum is not required (see 

§ 1216.51(j)). 

16 Kaiser, Harry, An Economic Analysis of the 

National Peanut Board, August 11, 2014, p. 1. The 

analysis is available from USDA or the Board. 

17USDA, Crop Values Summary 2016, February 

2017, p. 27; http://usda.mannlib.cornell.edu/usda/ 

nass/CropValuSu//2010s/2017/CropValuSu-02-24- 

2017_revision.pdf. 

million SBA threshold and is thus an 

indication that most of the handlers 

would not be classified as small 

businesses. 

U.S. peanut production from the 11 

major peanut-producing States in 2016 

was 5.685 billion pounds.13 Georgia was 

the largest producer (49 percent of U.S. 

production), followed by Alabama (11 

percent), Texas (10 percent), Florida (10 

percent), South Carolina (6 percent), 

North Carolina (6 percent), Mississippi 

(3 percent), Arkansas (2 percent), 

Virginia (1 percent), Oklahoma (1 

percent) and New Mexico (less than 1 

percent). According to the 2012 Census 

of Agriculture,14 small amounts of 

peanuts were also grown in seven other 

States. 

If the number of peanut producers 

(7,600) is divided into total 2016 U.S. 

production (5.685 billion pounds), the 

resulting average peanut production per 

producer is approximately 748,000 

pounds. 

This rule revises § 1216.51 to change 

the basis for assessment from value to 

volume (per ton). The program is 

administered by the Board with 

oversight by USDA. Two rates of 

assessment will be established instead 

of using a formula currently specified in 

the regulations. The assessment rates 

will be $3.55 per ton for Segregation 1 

peanuts and $1.25 per ton for lower 

quality Segregation 2 and 3 peanuts. 

This action was unanimously 

recommended by the Board and will 

help facilitate program operations by 

providing a more predictable revenue 

stream for the Board based only on 

volume for assessment. Authority for 

this action is provided in § 1216.48(m) 

and section 517 of the 1996 Act. This 

rule also updates the definition for fiscal 

year specified in § 1216.11 to reflect 

current practices. That section provides 

authority for the Board, with approval of 

the Secretary, to change the fiscal year. 

Regarding the economic impact of this 

rule on affected entities, this action 

changes the basis of assessment from 

value to volume (per ton). The rates of 

assessment recommended by the Board 

are comparable to the rates that have 

been in effect since the inception of the 

program.15 While assessments impose 

additional costs on producers, the costs 

are minimal and uniform on all. The 

costs would also be offset by the 

benefits derived from the operation of 

the program. (The update to § 1216.11 

regarding the fiscal year is 

administrative in nature.) 

Regarding the impact of the peanut 

program on the industry, the program 

has been successful in helping to build 

demand and improve producer returns. 

A 2014 economic study shows that the 

program helped to increase demand by 

15 percent from 2007–2013, and that 

each dollar invested in Board activities 

over the period returned $8.87 to the 

producer.16

With regard to alternatives, the Board 

has been considering revising the 

assessment rate computation for a 

number of years. The Board considered 

revising the assessment rate to equal a 

weighted average of the value of 

Segregation 1, 2, and 3 peanuts as 

reported by the NASS for the prior year. 

However, this would still link the 

assessment rate to value. Another option 

would be to maintain the status quo. 

After review and deliberation, the Board 

unanimously recommended revising the 

basis for assessment under the program 

from value to volume as described 

herein. 

To calculate the percentage of 

producer revenue represented by the 

assessment rate, the proposed 

assessment rates are divided by the 

average producer price. The proposed 

assessment rates are $3.55 per ton 

($0.001775 per pound) for Segregation 1 

peanuts and $1.25 per ton ($0.000625 

per pound) for Segregation 2 and 3 

peanuts. According to NASS, the 

average producer price ranged from 

$0.193 per pound in 2015 to $0.189 per 

pound in 2016.17 Thus, the proposed 

assessment rates as a percentage of 

producer price could range from 0.92 to 

0.94 percent for Segregation 1 peanuts 

and from 0.32 to 0.33 percent for 

Segregation 2 and 3 peanuts. 

Reporting and Recordkeeping 

Requirements 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the information collection 

and recordkeeping requirements that are 

imposed by the program have been 

approved previously under OMB 

control number 0581–0093. This final 

rule will not result in a change to the 

information collection and 

recordkeeping requirements previously 

approved and will impose no additional 

reporting and recordkeeping burden on 

peanut producers or first handlers. 

As with all Federal promotion 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. Finally, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this final rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

In regard to outreach efforts, Board 

members have been conducting 

outreach to educate industry members 

about the need for changing the basis of 

assessment since January 2016. The 

issue has been discussed at Board 

meetings over the past few years. The 

Board has also conducted outreach to 

the major peanut associations and has 

received positive feedback. All of the 

Board’s meetings are open to the public 

and interested persons are invited to 

participate and express their views. 

A proposed rule concerning this 

action was published in the Federal 

Register on March 30, 2018 (83 FR 

13700). The Board sent the proposed 

rule directly to the peanut producer 

associations, Board members, and 

assessment payers. In addition, the 

Board disseminated the proposed rule 

via the internet by providing the links 

to the proposal in its industry 

newsletter and website. The proposal 

was also made available through the 

internet by USDA and the Office of the 

Federal Register. A 30-day comment 

period ending April 30, 2018, was 

provided to allow interested persons to 

submit comments. 

Analysis of Comments 

Thirteen comments were received in 

response to the proposed rule. Of those 

13 comments, 12 comments were in 

favor of the proposed flat computation 

of the two assessment rates (one 

favorable comment was a duplicate and 

only counted once), and one comment 

was outside the scope of the review. 

Ten commenters stated the change in 

the assessment computation would 

allow for a more consistent revenue 

stream for the Board to carry out its 

mission. Of these commenters, one 

commenter stated the computation 

change is not an increase or decrease in 

producer assessments. It stated that this 

change is a proactive business move to 

create an assessment rate which will not 

fluctuate downward rapidly. The 


daltland on DSKBBV9HB2PROD with RULES
27686 Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations 

proposed computation will allow the 

Board to plan long term without a 

disruption to its income flow. Another 

commenter in favor of the proposed 

change stated that it will be less 

confusing and easier for USDA to 

administer the assessment rate. 

After consideration of all relevant 

matters presented, including the 

information and recommendation 

submitted by the Board and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, is 

consistent with and will effectuate the 

purposes of the 1996 Act. 

List of Subjects in 7 CFR Part 1216 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Peanut promotion, Reporting and 

recordkeeping requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 1216 is amended 

as follows: 

PART 1216—PEANUT PROMOTION, 

RESEARCH, AND INFORMATION 

ORDER 

■ 1. The authority citation for part 1216 

continues to read as follows: 

Authority: 7 U.S.C. 7411–7425; 7 U.S.C. 

7401. 

■ 2. Revise § 1216.11 to read as follows: 

§ 1216.11 Fiscal year. 

Fiscal year means the 12-month 

period beginning with November 1 of 

any year and ending with October 31 of 

the following year, or such other period 

as determined by the Board and 

approved by the Secretary. 

■ 3. In § 1216.51, revise paragraphs (c) 

and (d), remove paragraph (e), and 

redesignate paragraphs (f) through (j) as 

paragraphs (e) through (i) to read as 

follows: 

§ 1216.51 Assessments. 

* * * * * 

(c) Such assessments shall be levied 

on all farmers stock peanuts sold at a 

rate of $3.55 per ton for Segregation 1 

peanuts and $1.25 per ton for 

Segregation 2 peanuts and 3 peanuts, as 

those terms are defined in §§ 996.13(b)– 

(d) of this title. 

(d) For peanuts placed under a 

marketing assistance loan with the 

Department’s Commodity Credit 

Corporation, the Commodity Credit 

Corporation, or any entity determined 

by the Commodity Credit Corporation 

shall deduct and remit to the Board, 

from the proceeds of the loan paid to the 

producer, the assessment per ton as 

specified in paragraph (c) of this 

section, no more than 60 days after the 

last day of the month in which the 

peanuts were placed under a marketing 

assistance loan. 

* * * * * 

Dated: June 8, 2018. 

Bruce Summers, 

Administrator. 

[FR Doc. 2018–12731 Filed 6–13–18; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 31197; Amdt. No. 3803] 

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 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 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. 

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 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 Programs Divisions, 

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 of the Code of Federal 

Regulations, part 97 (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 part 97.20. The applicable FAA 

forms are FAA Forms 8260–3, 8260–4, 

8260–5, 8260–15A, and 8260–15B when 

required by an entry on 8260–15A. 

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 of 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 types of 

SIAPs, Takeoff Minimums and ODPs 


daltland on DSKBBV9HB2PROD with RULES