5230 Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Rules and Regulations 

(D) A practitioner is the subject of 

multiple disciplinary complaints and 

the DHS disciplinary counsel has 

determined not to pursue all of the 

complaints. The DHS disciplinary 

counsel may inform complainants 

whose allegations have not been 

pursued of the status of any other 

preliminary inquiries or the manner in 

which any other complaint(s) against 

the practitioner have been resolved. 

(ii) Disclosure of information for the 

purpose of conducting a preliminary 

inquiry. The DHS disciplinary counsel 

may, in his or her discretion, disclose 

documents and information concerning 

complaints and preliminary inquiries to 

the following individuals or entities: 

(A) To witnesses or potential 

witnesses in conjunction with a 

complaint or preliminary inquiry; 

(B) To other governmental agencies 

responsible for the enforcement of civil 

or criminal laws; 

(C) To agencies and other 

jurisdictions responsible for conducting 

disciplinary investigations or 

proceedings; 

(D) To the complainant or a lawful 

designee; and 

(E) To the practitioner who is the 

subject of the complaint or preliminary 

inquiry or the practitioner’s counsel of 

record. 

(2) Resolutions reached prior to the 

issuance of a Notice of Intent to 

Discipline. Resolutions, such as warning 

letters, admonitions, and agreements in 

lieu of discipline, reached prior to the 

issuance of a Notice of Intent to 

Discipline, will remain confidential. 

However, such resolutions may become 

part of the public record if the 

practitioner becomes subject to a 

subsequent Notice of Intent to 

Discipline. 

(3) Notices of Intent to Discipline and 

action subsequent thereto. Notices of 

Intent to Discipline and any action that 

takes place subsequent to their issuance, 

except for the imposition of private 

censures, may be disclosed to the 

public, except that private censures may 

become part of the public record if 

introduced as evidence of a prior record 

of discipline in any subsequent 

disciplinary proceeding. Settlement 

agreements reached after the issuance of 

a Notice of Intent to Discipline may be 

disclosed to the public upon final 

approval by the adjudicating official or 

the Board. Disciplinary hearings are 

open to the public, except as noted in 

8 CFR 1003.106(a)(v). 

(i) Discipline of government attorneys. 

Complaints regarding the conduct or 

behavior of DHS attorneys shall be 

directed to the Office of the Inspector 

General, DHS. If disciplinary action is 

warranted, it will be administered 

pursuant to the Department’s attorney 

discipline procedures. 

■ 5. Section 292.4 is amended by: 

■ a. Revising paragraph (a); and 

■ b. Revising the term ‘‘Service’’ to read 

‘‘DHS’’ wherever that term appears in 

paragraph (b). 

The revisions read as follows: 

§ 292.4 Appearances. 

(a) Authority to appear and act. An 

appearance must be filed on the 

appropriate form as prescribed by DHS 

by the attorney or accredited 

representative appearing in each case. 

The form must be properly completed 

and signed by the petitioner, applicant, 

or respondent to authorize 

representation in order for the 

appearance to be recognized by DHS. 

The appearance will be recognized by 

the specific immigration component of 

DHS in which it was filed until the 

conclusion of the matter for which it 

was entered. This does not change the 

requirement that a new form must be 

filed with an appeal filed with the 

Administrative Appeals Office of 

USCIS. Substitution may be permitted 

upon the written withdrawal of the 

attorney or accredited representative of 

record or upon the filing of a new form 

by a new attorney or accredited 

representative. When an appearance is 

made by a person acting in a 

representative capacity, his or her 

personal appearance or signature will 

constitute a representation that under 

the provisions of this chapter he or she 

is authorized and qualified to appear as 

a representative as provided in 8 CFR 

103.2(a)(3) and 292.1. Further proof of 

authority to act in a representative 

capacity may be required. 

* * * * * 

§ 292.6 [Amended] 

■ 6. Section 292.6 is amended by 

revising the term ‘‘part 3 of this chapter’’ 

to read ‘‘8 CFR part 1003’’. 

Janet Napolitano, 

Secretary. 

[FR Doc. 2010–2149 Filed 2–1–10; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30707; Amdt. No. 3358] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This 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 February 2, 

2010. 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 February 2, 

2010. 

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; 

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 and Takeoff 

Minimums and ODPs are available 


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Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Rules and Regulations 5231 

online free of charge. Visit http:// 

www.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: 

Harry J. Hodges, 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 

revoking SIAPs, Takeoff Minimums 

and/or ODPs. The complete regulators 

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, in addition to 

their complex nature and the need for 

a special format make publication in the 

Federal Register expensive and 

impractical. Furthermore, airmen do not 

use the regulatory text of the SIAPs, 

Takeoff Minimums or ODPs, but instead 

refer to their depiction on charts printed 

by publishers of aeronautical materials. 

The advantages of incorporation by 

reference are realized and publication of 

the complete description of each SIAP, 

Takeoff Minimums and ODP listed on 

FAA forms is unnecessary. This 

amendment provides the affected CFR 

sections and specifies the types of SIAPs 

and the effective dates of the associated 

Takeoff Minimums and ODPs. 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, Takeoff Minimums and 

ODP as contained 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 flight safety relating 

directly to published aeronautical 

charts. The circumstances which 

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 procedures before 

adopting these SIAPs, Takeoff 

Minimums and ODPs 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. 

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 22 January 

2010. 

John M. Allen, 

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 establishing, 

amending, suspending, or revoking 

Standard Instrument Approach 

Procedures and/or Takeoff Minimums 

and/or Obstacle Departure Procedures 

effective at 0902 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(g), 40103, 40106, 

40113, 40114, 40120, 44502, 44514, 44701, 

44719, 44721–44722. 

■ 2. Part 97 is amended to read as 

follows: 

Effective 11 MAR 2010 

Macon, GA, Middle Georgia Rgnl, Takeoff 

Minimums and Obstacle DP, Amdt 3. 

Worcester, MA, Worcester Rgnl, Takeoff 

Minimums and Obstacle DP, Amdt 8. 

Benton Harbor, MI, Southwest Michigan 

Rgnl, Takeoff Minimums and Obstacle DP, 

Amdt 6. 

Malone, NY, Malone-Dufort, VOR/DME–A, 

Amdt 1, CANCELLED. 

Mosinee, WI, Central Wisconsin, LOC BC 

RWY 26, Amdt 10B, CANCELLED. 

Sheboygan, WI, Sheboygan County 

Memorial, RNAV (GPS) RWY 13, Orig–A. 

Effective 8 APR 2010 

Elim, AK, Elim, ELIM ONE Graphic Obstacle 

DP. 

Elim, AK, Elim, RNAV (GPS) RWY 1, Orig. 

Elim, AK, Elim, RNAV (GPS) RWY 19, Orig. 

Elim, AK, Elim, Takeoff Minimums and 

Obstacle DP, Orig. 

Palmdale, CA, Palmdale Rgnl/USAF Plant 42, 

VOR/DME OR TACAN RWY 25, Amdt 7. 

Cortez, CO, Cortez Muni, LEDVE ONE 

Graphic Obstacle DP. 

Cortez, CO, Cortez Muni, Takeoff Minimums 

and Obstacle DP, Amdt 3. 

Crystal River, FL, Crystal River, Takeoff 

Minimums and Obstacle DP, Orig. 

Marco Island, FL, Marco Island, VOR/DME 

RWY 17, Amdt 7. 

Majuro Atoll, Marshall Islands, MH, Marshall 

Islands Intl, Takeoff Minimums and 

Obstacle DP, Orig. 

Valley City, ND, Barnes County Muni, 

Takeoff Minimums and Obstacle DP, Orig. 

Wildwood, NJ, Cape May County, RNAV 

(GPS) RWY 10, Orig–B. 

Wildwood, NJ, Cape May County, RNAV 

(GPS) RWY 19, Orig–C. 

Greer, SC, Greenville-Spartanburg Intl-Roger 

Milliken, ILS OR LOC RWY 22, Amdt 4. 

Charlottesville, VA, CharlottesvilleAlbemarle, ILS OR LOC RWY 3, Amdt 14. 


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5232 Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Rules and Regulations 

Charlottesville, VA, CharlottesvilleAlbemarle, RNAV (GPS) Z RWY 21, Orig– 

A. 

Clarksville, VA, Lake Country Rgnl, Takeoff 

Minimums and Obstacle DP, Amdt 1. 

Eau Claire, WI, Chippewa Valley Rgnl, RNAV 

(GPS) RWY 4, Orig. 

[FR Doc. 2010–1989 Filed 2–1–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

14 CFR Part 97 

[Docket No. 30708; Amdt. No. 3359] 

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 February 2, 

2010. 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 February 2, 

2010. 

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 http:// 

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: 

Harry J. Hodges, 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 January 22, 

2010. 

John M. Allen, 

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 


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