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 


erowe on DSKG8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Rules and Regulations 5233 

part 97, is amended by amending 

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 

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 

AIRAC 

date State City Airport FDC No. FDC date Subject 

11-Mar-10 PA ..... Clarion ....................................... Clarion County ........................... 0/0393 1/7/10 RNAV (GPS) Rwy 24, Amdt 

1. 

11-Mar-10 IN ...... La Porte ..................................... La Porte Muni ............................ 0/0656 1/8/10 RNAV (GPS) Rwy 2, Orig. 

11-Mar-10 IN ...... La Porte ..................................... La Porte Muni ............................ 0/0657 1/8/10 LOC/NDB Rwy 2, Amdt 1. 

11-Mar-10 IN ...... La Porte ..................................... La Porte Muni ............................ 0/0658 1/8/10 VOR–A, Amdt 7. 

11-Mar-10 IL ...... Chicago/West Chicago .............. Du Page .................................... 0/0662 1/8/10 ILS Rwy 10, Amdt 7A. 

11-Mar-10 IL ...... Chicago/West Chicago .............. Du Page .................................... 0/0663 1/8/10 VOR or GPS Rwy 10, Amdt 

11A. 

11-Mar-10 IL ...... Grayslake .................................. Campbell ................................... 0/0999 1/11/10 VOR–A, Orig-A. 

11-Mar-10 IL ...... Lawrenceville ............................. Lawrenceville-Vincennes Intl ..... 0/1006 1/11/10 RNAV (GPS) Rwy 27, OrigC. 

11-Mar-10 IL ...... Lawrenceville ............................. Lawrenceville-Vincennes Intl ..... 0/1007 1/11/10 RNAV (GPS) Rwy 9, OrigB. 

11-Mar-10 IL ...... Lawrenceville ............................. Lawrenceville-Vincennes Intl ..... 0/1009 1/11/10 RNAV (GPS) Rwy 36, OrigB. 

11-Mar-10 IL ...... Lawrenceville ............................. Lawrenceville-Vincennes Intl ..... 0/1010 1/11/10 VOR Rwy 36, Amdt 1.

11-Mar-10 NJ ..... Wildwood ................................... Cape May County ..................... 0/1026 1/13/10 VOR A, Amdt 3B. 

11-Mar-10 NJ ..... Wildwood ................................... Cape May County ..................... 0/1029 1/13/10 LOC Rwy 19, Amdt 6C. 

11-Mar-10 IN ...... Shelbyville ................................. Shelbyville Muni ........................ 0/1192 1/12/10 Takeoff Minimums and Obstacle DP, Amdt 4. 

11-Mar-10 IL ...... Marion ........................................ Williamson County Rgnl ............ 0/1193 1/12/10 Takeoff Minimums and Obstacle DP, Orig. 

11-Mar-10 WI ..... La Crosse .................................. La Crosse Muni ......................... 0/1194 1/12/10 ILS or LOC Rwy 18, Amdt 

19. 

11-Mar-10 IL ...... Macomb ..................................... Macomb Muni ............................ 0/1195 1/12/10 VOR/DME A, Amdt 8A. 

11-Mar-10 IL ...... Lawrenceville ............................. Lawrenceville-Vincennes Intl ..... 0/1196 1/12/10 VOR Rwy 27, Amdt 7A. 

11-Mar-10 FL ..... Cross City .................................. Cross City .................................. 0/1480 1/13/10 RNAV (GPS) Rwy 31, Orig. 

11-Mar-10 FL ..... Cross City .................................. Cross City .................................. 0/1481 1/13/10 VOR Rwy 31, Amdt 18. 

11-Mar-10 OH .... Cleveland ................................... Cleveland-Hopkins Intl .............. 0/1483 1/13/10 ILS or LOC Rwy 28, Amdt 

23. 

11-Mar-10 OH .... Cleveland ................................... Cleveland-Hopkins Intl .............. 0/1489 1/13/10 Converging ILS Rwy 28, 

Orig. 

11-Mar-10 NC .... Greensboro ................................ Piedmont Triad Intl .................... 0/1504 1/13/10 RNAV (GPS) Rwy 5R, 

Amdt 2. 

11-Mar-10 NC .... Greensboro ................................ Piedmont Triad Intl .................... 0/1505 1/13/10 VOR/DME Rwy 23L, Amdt 

10. 

11-Mar-10 NC .... Greensboro ................................ Piedmont Triad Intl .................... 0/1506 1/13/10 RNAV (GPS) Rwy 23L, 

Amdt 2. 

11-Mar-10 NC .... Greensboro ................................ Piedmont Triad Intl .................... 0/1507 1/13/10 VOR Rwy 5R, Amdt 13. 

11-Mar-10 NC .... Greensboro ................................ Piedmont Triad Intl .................... 0/1508 1/13/10 RNAV (GPS) Rwy 32, Amdt 

1. 

11-Mar-10 NC .... Greensboro ................................ Piedmont Triad Intl .................... 0/1509 1/13/10 ILS or LOC Rwy 23L, Amdt 

9. 

11-Mar-10 NC .... Greensboro ................................ Piedmont Triad Intl .................... 0/1510 1/13/10 ILS Rwy 14, Amdt 18A. 

11-Mar-10 NC .... Greensboro ................................ Piedmont Triad Intl .................... 0/1511 1/13/10 RNAV (GSO) Rwy 14, 

Amdt 1. 

11-Mar-10 NC .... Greensboro ................................ Piedmont Triad Intl .................... 0/1512 1/13/10 ILS Rwy 23L (CAT II), 

Amdt 9. 

11-Mar-10 NC .... Greensboro ................................ Piedmont Triad Intl .................... 0/1513 1/13/10 NDB Rwy 14, Amdt 15D. 

11-Mar-10 AL ..... Decatur ...................................... Pryor Field Rgnl ........................ 0/1727 1/15/10 VOR Rwy 18, Amdt 13. 

11-Mar-10 ME .... Fryeburg .................................... Eastern Slopes Rgnl ................. 0/1762 1/13/10 Takeoff Minimums and Obstacle DP, Amdt 4. 

11-Mar-10 IN ...... Greencastle ............................... Putnam County .......................... 0/1786 1/15/10 NDB Rwy 18, Amdt 1. 


erowe on DSKG8SOYB1PROD with RULES
5234 Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Rules and Regulations 

[FR Doc. 2010–1997 Filed 2–1–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Part 331 

RIN 2105–AD93 

Procedures for Reimbursement of 

General Aviation Operators and 

Service Providers in the Washington, 

DC Area; Removal 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule removes a DOT 

rule, Procedures for Reimbursement of 

General Aviation Operators and Service 

Providers in the Washington, DC Area, 

14 CFR Part 331. This rule is being 

removed because all reimbursements 

under the program have been made and 

all program activities completed. The 

rule established procedures to 

reimburse eligible fixed-based general 

aviation operators and providers of 

ground support services, at five 

Washington, DC area airports, for direct 

and incremental financial losses 

incurred while the airports were closed 

to general aviation operations solely due 

to actions of the Federal government 

after the September 11, 2001 terrorist 

attacks. The rule implemented a 

provision in the Department’s Fiscal 

Year 2006 Appropriations Act, which 

made up to $17 million available for 

such reimbursements until expended. 

The rule required applications for 

reimbursement to be submitted by June 

8, 2007. All applications have been 

processed, payments made, and 

required releases executed. 

DATES: Effective Date: February 2, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Timothy E. Carmody, Transportation 

Industry Analyst, Office of Aviation 

Analysis, X–50, 1200 New Jersey Ave., 

SE., Washington, DC 20590, (202) 366– 

2348. 

SUPPLEMENTARY INFORMATION: On 

November 30, 2005, the Congress 

authorized the Department to reimburse 

eligible fixed-based general aviation 

operators or providers of general 

aviation ground support services at five 

airports in the Washington, DC 

metropolitan area for direct and 

incremental losses due to the actions of 

the Federal Government to close 

airports to general aviation operations 

following the terrorist attacks of 

September 11, 2001. Section 185, 

Transportation, Treasury, Housing and 

Urban Development, the Judiciary, the 

District of Columbia, and Independent 

Agencies Appropriation Act, 2006, 

Public Law 109–115, 119 Stat. 2396 

(2005) (‘‘Section 185’’). 

Section 185 further appropriated up 

to $17 million to reimburse the eligible 

parties, to be available until expended, 

and identified the five airports as 

Ronald Reagan Washington National 

Airport; College Park Airport in College 

Park, Maryland; Potomac Airfield in 

Fort Washington, Maryland; 

Washington Executive/Hyde Field in 

Clinton, Maryland; and Washington 

South Capitol Street Heliport in 

Washington, DC. Of the total $17 

million, the Department was directed to 

set aside and make available up to $5 

million to reimburse eligible operators 

and providers at College Park, Potomac 

Airfield, and Hyde Field airports. 

Section 185 stated various other 

conditions for reimbursement, among 

them that those losses incurred as the 

result of violations of law, or through 

fault or negligence of such entities or of 

third parties (including airports) were 

not eligible for reimbursement, and that 

the obligation and expenditure of funds 

were conditional upon full release of the 

United States Government for all claims 

for financial losses resulting from such 

actions. 

On October 4, 2006, the Department 

published in the Federal Register a 

Notice of Proposed Rulemaking seeking 

comments on its proposed procedures 

implementing Section 185 (71 FR 58546 

et seq.). Comments were received from 

16 submitters. After fully considering all 

comments, the Department prepared a 

final rule and published it on April 9, 

2007 in the Federal Register (at 72 FR 

17381 et seq.). It was codified as 14 CFR 

Part 331. 

The final rule set out eligibility 

standards for participation; specified the 

methodology that would be used in 

determining losses; stated the eligibility 

periods applicable at each airport; 

established special procedures for the 

$5 million set-aside; and provided an 

application form for reimbursement. 

The final rule also set a deadline of June 

8, 2007 for applications. 14 CFR 331.27. 

Twenty-one applicants submitted 

claims for reimbursement, of which 18 

were determined to be eligible and to 

have incurred reimbursable losses. The 

Department has completed its review of 

all applications and has reimbursed the 

eligible claimants for their financial 

losses in accordance with Section 185. 

Prior to payment each claimant signed 

a full release of the United States for all 

claims of loss due to such actions, as 

required by section 185. 

The Department has completely 

fulfilled its responsibilities under 

Section 185 and ceased all actions 

under the regulations. As a result, 14 

CFR Part 331 serves no further purpose 

and may be removed. 

Regulatory Analyses and Notices 

A. Administrative Procedure Act 

The Department has determined that 

this rule may be issued without a prior 

opportunity for notice and comment 

because providing prior notice and 

comment would be unnecessary, 

impracticable, or contrary to the public 

interest. The final rule limited the 

period for submitting applications to 

June 8, 2007. The rule also limited the 

amount of money available for 

reimbursement and the scope of 

potential beneficiaries. Accordingly, 

there would not be any harm to any 

identifiable beneficiary by repealing the 

rule. The Department has completely 

fulfilled its responsibilities under 

Section 185 and ceased all actions 

under the regulations. Thus, this rule 

should be removed. For the same 

reasons, the Department finds that there 

is good cause to make the rule effective 

immediately. 

B. Executive Order 12866 and 

Regulatory Flexibility Act 

The Department has determined that 

this action is not considered a 

significant regulatory action for 

purposes of Executive Order 12866 or 

the Department’s regulatory policies and 

procedures. This rule is being adopted 

solely to remove a rule that is no longer 

necessary due to the Department’s 

fulfillment of statutory responsibilities. 

Given the absence of compliance costs 

to anyone, I certify that this final rule 

does not have a significant economic 

impact on a substantial number of small 

entities. 

C. Executive Order 13132 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This final rule 

does not have a substantial direct effect 

on, or sufficient federalism implications 

for, the States, nor would it limit the 

policymaking discretion of the States. 

Therefore, the consultation 

requirements of Executive Order 13132 

do not apply. 

D. Executive Order 13175 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this final rule does not 


erowe on DSKG8SOYB1PROD with RULES