Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Rules and Regulations 35629 

AIRAC date State City Airport FDC No. FDC date Subject 

29–Jul–10 ..... CA San Diego ............... Montgomery Field ................... 0/4634 6/9/10 TAKEOFF MINIMUMS AND OBSTACLE DP, AMDT 3. 

29–Jul–10 ..... CQ Saipan ..................... Francisco C. Ada/Saipan Intl .. 0/9757 3/16/10 ILS OR LOC/DME RWY 7, 

AMDT 5A. 

[FR Doc. 2010–14980 Filed 6–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30729 ; Amdt. No. 3378] 

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 June 23, 

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 June 23, 

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 

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 


jlentini on DSKJ8SOYB1PROD with RULES
35630 Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Rules and Regulations 

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 June 11, 

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 29 JUL 2010 

Atka, AK, Atka, ATKA RNAV ONE Graphic 

Obstacle DP, CANCELLED 

Atka, AK, Atka, EIVRS ONE Graphic 

Obstacle DP, CANCELLED 

Atka, AK, Atka, HIMKI ONE Graphic 

Obstacle DP 

Atka, AK, Atka, INOTY ONE Graphic 

Obstacle DP 

Atka, AK, Atka, Takeoff Minimums and 

Obstacle DP, Amdt 1 

Marshall, AK, Marshall Don Hunter SR, 

BIBNE TWO Graphic Obstacle DP 

Marshall, AK, Marshall Don Hunter SR, 

Takeoff Minimums and Obstacle DP, Amdt 

1 

Dothan, AL, Dothan Rgnl, RNAV (GPS) RWY 

18, Amdt 1 

Dothan, AL, Dothan Rgnl, RNAV (GPS) RWY 

36, Orig 

Benton, AR, Saline County Rgnl, ILS OR 

LOC/DME RWY 2, Orig 

Benton, AR, Saline County Rgnl, LOC/DME 

RWY 2, Orig, CANCELLED 

Flagstaff, AZ, Flagstaff Pulliam, GPS RWY 3, 

Orig-B, CANCELLED 

Flagstaff, AZ, Flagstaff Pulliam, RNAV (GPS) 

RWY 3, Orig 

Mesa, AZ, Falcon Fld, GPS RWY 4R, Orig, 

CANCELLED 

Mesa, AZ, Falcon Fld, NDB–A, Amdt 1 

Mesa, AZ, Falcon Fld, RNAV (GPS) RWY 4L, 

Orig 

Mesa, AZ, Falcon Fld, RNAV (GPS) RWY 4R, 

Orig 

Mesa, AZ, Falcon Fld, RNAV (GPS)–B, Orig 

Mesa, AZ, Falcon Fld, Takeoff Minimums 

and Obstacle DP, Amdt 4 

Daggett, CA, Barstow-Daggett, DAGGETT 

ONE Graphic Obstacle DP 

Hanford, CA, Hanford Muni, RNAV (GPS) 

RWY 32, Amdt 1 

Hanford, CA, Hanford Muni, RNAV (GPS)–A, 

Orig 

San Carlos, CA, San Carlos, RNAV (GPS) Y 

RWY 30, Orig 

San Carlos, CA, San Carlos, RNAV (GPS) Z 

RWY 30, Amdt 1 

Upland, CA, Cable, GPS RWY 6, Orig-A, 

CANCELLED 

Upland, CA, Cable, RNAV (GPS) RWY 6, Orig 

Upland, CA, Cable, Takeoff Minimums and 

Obstacle DP, Amdt 3 

Orlando, FL, Orlando Intl, ILS OR LOC RWY 

18R, Amdt 9 

Winter Haven, FL, Winter Haven’s Gilbert, 

RNAV (GPS) RWY 5, Amdt 1 

Winter Haven, FL, Winter Haven’s Gilbert, 

Takeoff Minimums and Obstacle DP, Amdt 

1 

Greensboro, GA, Greene County Rgnl, 

Takeoff Minimums and Obstacle DP, Amdt 

3 

Honolulu, HI, Honolulu Intl, LOC RWY 8L, 

Orig-A 

West Union, IA, George L Scott Muni, GPS 

RWY 17, Orig, CANCELLED 

West Union, IA, George L Scott Muni, GPS 

RWY 35, Orig, CANCELLED 

West Union, IA, George L Scott Muni, RNAV 

(GPS) RWY 17, Orig 

West Union, IA, George L Scott Muni, RNAV 

(GPS) RWY 35, Orig 

West Union, IA, George L Scott Muni, 

Takeoff Minimums and Obstacle DP, Amdt 

2 

West Union, IA, George L Scott Muni, VOR/ 

DME–A, Amdt 4 

Belleville, IL, Scott AFB/Midamerica, GPS 

RWY 14L, Orig-B, CANCELLED 

Belleville, IL, Scott AFB/Midamerica, GPS 

RWY 32R, Orig-B, CANCELLED 

Belleville, IL, Scott AFB/Midamerica, RNAV 

(GPS) RWY 14L, Orig 

Belleville, IL, Scott AFB/Midamerica, RNAV 

(GPS) RWY 32R, Orig 

Casey, IL, Casey Muni, Takeoff Minimums 

and Obstacle DP, Amdt 4 

Chicago/West Chicago, IL, DuPage, ILS OR 

LOC RWY 2L, Amdt 2 

Chicago/West Chicago, IL, DuPage, RNAV 

(GPS) RWY 10, Orig 

Chicago/West Chicago, IL, DuPage, VOR 

RWY 10, Amdt 12 

Coffeyville, KS, Coffeyville Muni, Takeoff 

Minimums and Obstacle DP, Amdt 1 

Coffeyville, KS, Coffeyville Muni, VOR/ 

DME–A, Amdt 7 

Wichita, KS, Colonel James Jabara, RNAV 

(GPS) RWY 18, Orig-C 

Wichita, KS, Colonel James Jabara, RNAV 

(GPS) RWY 36, Orig-B 

Churchville, MD, Harford County, GPS RWY 

10, Orig, CANCELLED 

Churchville, MD, Harford County, RNAV 

(GPS)–B, Orig 

Auburn/Lewiston, ME, Auburn/Lewiston 

Muni, RNAV (GPS) RWY 4, Amdt 1 

Auburn/Lewiston, ME, Auburn/Lewiston 

Muni, RNAV (GPS) RWY 22, Amdt 1 

Lincoln, ME, Lincoln Rgnl, Takeoff 

Minimums and Obstacle DP, Amdt 3 

Waterville, ME, Waterville Robert Lafleur, 

ILS OR LOC/DME RWY 5, Amdt 3 

Waterville, ME, Waterville Robert Lafleur, 

RNAV (GPS) RWY 5, Orig 

Canby, MN, Myers Field, RNAV (GPS) RWY 

12, Amdt 1 

Canby, MN, Myers Field, RNAV (GPS) RWY 

30, Amdt 1 

Carson City, NV, Carson, RNAV (GPS)–A, 

Amdt 1 

Glens Falls, NY, Floyd Bennett Memorial, 

ILS OR LOC RWY 1, Amdt 4 

Glens Falls, NY, Floyd Bennett Memorial, 

RNAV (GPS) RWY 1, Amdt 1 

Glens Falls, NY, Floyd Bennett Memorial, 

RNAV (GPS) RWY 19, Amdt 1 

Fostoria, OH, Fostoria Metropolitan, RNAV 

(GPS) RWY 27, Amdt 1 

Shawnee, OK, Shawnee Rgnl, Takeoff 

Minimums and Obstacle DP, Orig 

North Bend, OR, Southwest Oregon Rgnl, ILS 

OR LOC RWY 4, Amdt 7 

North Bend, OR, Southwest Oregon Rgnl, 

NDB RWY 4, Amdt 5 

North Bend, OR, Southwest Oregon Rgnl, 

RNAV (GPS) Y RWY 4, Orig 

North Bend, OR, Southwest Oregon Rgnl, 

RNAV (RNP) Z RWY 4, Orig 

North Bend, OR, Southwest Oregon Rgnl, 

VOR–A, Amdt 5 

North Bend, OR, Southwest Oregon Rgnl, 

VOR/DME–B, Amdt 4 

Summerville, SC, Summerville, NDB RWY 6, 

Amdt 1 

Summerville, SC, Summerville, RNAV (GPS) 

RWY 6, Orig 

Summerville, SC, Summerville, RNAV (GPS) 

RWY 24, Orig 

Summerville, SC, Summerville, Takeoff 

Minimums and Obstacle DP, Amdt 1 

Big Spring, TX, Big Springs Mc MahonWrinkle, RNAV (GPS) RWY 17, Amdt 1 

Big Spring, TX, Big Springs Mc MahonWrinkle, RNAV (GPS) RWY 35, Amdt 1 

Big Spring, TX, Big Springs Mc MahonWrinkle, Takeoff Minimums and Obstacle 

DP, Amdt 2 

Brenham, TX, Brenham Muni, RNAV (GPS) 

RWY 16, Amdt 1 

Brenham, TX, Brenham Muni, RNAV (GPS) 

RWY 34, Amdt 1 

Brenham, TX, Brenham Muni, VOR/DME 

RWY 16, Amdt 2 

College Station TX, Easterwood Field, ILS OR 

LOC RWY 34, Amdt 13A 

Dallas-Fort Worth, TX, Dallas/Fort Worth 

Intl, Stadium Visual RWY 31R, Amdt 6, 

CANCELLED 

Georgetown, TX, Georgetown Muni, Takeoff 

Minimums and Obstacle DP, Orig 

Granbury, TX, Granbury Rgnl, GPS RWY 14, 

Orig-B, CANCELLED 


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Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Rules and Regulations 35631 

Granbury, TX, Granbury Rgnl, RNAV (GPS) 

RWY 14, Orig 

La Porte, TX, La Porte Muni, Takeoff 

Minimums and Obstacle DP, Amdt 5 

Lago Vista, TX, Lago Vista TX–Rusty Allen, 

Takeoff Minimums and Obstacle DP, Orig 

Seminole, TX, Gaines County, RNAV (GPS) 

RWY 35, Amdt 1 

South Hill, VA, Mecklenburg-Brunswick 

Rgnl, GPS RWY 19, Orig, CANCELLED 

South Hill, VA, Mecklenburg-Brunswick 

Rgnl, RNAV (GPS) RWY 1, Orig 

South Hill, VA, Mecklenburg-Brunswick 

Rgnl, RNAV (GPS) RWY 19, Orig 

South Hill, VA, Mecklenburg-Brunswick 

Rgnl, Takeoff Minimums and Obstacle DP, 

Amdt 2 

Burlington, VT, Burlington Intl, Takeoff 

Minimums and Obstacle DP, Amdt 13 

Douglas, WY, Converse County, RNAV (GPS) 

RWY 11, Orig 

Douglas, WY, Converse County, RNAV (GPS) 

RWY 29, Amdt 1 

On June 09, 2010 (75 FR 32654) the FAA 

published an Amendment in Docket No. 

30727, Amdt 3376 to Part 97 of the Federal 

Aviation Regulations under section 97.23 and 

97.33. The following entry effective 29 July 

2010 is hereby rescinded: 

Childress, TX, Childress Muni, Takeoff 

Minimums and Obstacle DP, Amdt 1 

[FR Doc. 2010–14983 Filed 6–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 904 

[Docket No. 100216090–0205–02] 

RIN 0648–AY66 

Regulations to Amend the Civil 

Procedures 

AGENCY: Office of General Counsel 

(OGC), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the 

procedures governing NOAA’s 

administrative proceedings for the 

assessment of civil penalties; 

suspension, revocation, modification, or 

denial of permits; issuance and use of 

written warnings; and release or 

forfeiture of seized property. The 

principal change removes the 

requirement that an Administrative Law 

Judge state good reason(s) for departing 

from the civil penalty or permit sanction 

assessed by NOAA in its charging 

document. This revision eliminates any 

presumption in favor of the civil penalty 

or permit sanction assessed by NOAA. 

The other change corrects a clerical 

error in a citation to rules pertaining to 

protective orders issued by 

Administrative Law Judges. 

DATES: This rule becomes effective June 

23, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Frank Sprtel, 301–427–2202. 

SUPPLEMENTARY INFORMATION: A 

summary of the changes proposed for 

regulations at 15 CFR part 904 is found 

in the proposed rule that NOAA 

published in the Federal Register at 75 

FR 13050 (March 18, 2010) and is not 

repeated here. 

Public Comments Received 

NOAA received two comments from 

the public during the comment period 

for the proposed rule. Those comments 

are summarized here, and are directly 

followed by NOAA’s response to them. 

Comment 1: One commenter wrote 

generally in support of the proposed 

changes. While the commenter felt that 

the proposed changes were a good start, 

the commenter offered the view that 

they do not go far enough in bringing 

greater balance into NOAA’s civil 

administrative process. The commenter 

encouraged NOAA to examine what 

other Federal agencies do in similar 

proceedings, and to make further 

changes to its civil procedure 

regulations as a result of this review. 

Finally, the commenter addressed the 

enforcement provisions of pending 

Senate Bill 2870, the International 

Fisheries Stewardship and Enforcement 

Act. 

Response: NOAA is not, at this time, 

changing its civil procedures beyond the 

revisions described in this rule. NOAA 

continues to evaluate whether other 

provisions in the civil procedures found 

at 15 CFR part 904 should be revised. 

As NOAA conducts this evaluation, it 

will consider as appropriate the 

processes and procedures of other 

Federal agencies. As for the comments 

concerning Senate Bill 2870, NOAA has 

no response here, as the comments are 

beyond the scope of this rulemaking. 

Comment 2: Another commenter also 

offered support for the proposed 

changes, but stated that this one 

regulatory change was not enough to 

address other problems that the 

commenter perceived exist in NOAA’s 

civil enforcement procedures under the 

Magnuson-Stevens Fishery 

Conservation and Management Act. The 

commenter asserted that NOAA 

enforcement attorneys should be 

available to testify as to the basis for 

penalty assessments in any particular 

case, because they are the individuals 

responsible for determining the penalty 

amount. The commenter expressed the 

view that, if NOAA continues to 

authorize its enforcement attorneys to 

assess fines and permit sanctions, then 

they should be produced as witnesses in 

administrative proceedings, and it is up 

to the individual NOAA enforcement 

attorney involved in the case to decide 

whether or not to withdraw from the 

case based on that consideration. 

The commenter also believes that the 

changes finalized by this rule will not 

address concerns the commenter 

expressed regarding NOAA’s current 

penalty schedules, or language in 

NOAA’s Notices of Violation 

Assessment (NOVAs) that suggests that 

the Administrative Law Judge may 

increase the proposed penalty 

assessments or permit sanctions. 

Finally, the commenter requested that 

NOAA address its seizure policies, 

permit restrictions, and several other 

approaches to law enforcement that the 

commenter believes should be changed. 

Response: As noted above, NOAA is 

not, at this time, changing its civil 

procedures beyond the revisions 

described in this rule. NOAA continues 

to evaluate whether other provisions in 

the civil procedures found at 15 CFR 

part 904 should be revised. As for the 

comments concerning application of 

NOAA’s penalty schedules, language in 

NOAA’s NOVAs, seizure policies, 

permit restrictions, and other issues 

related to NOAA’s approaches to law 

enforcement raised by the commenter, 

NOAA has no response here, as these 

comments are beyond the scope of this 

rulemaking. 

With respect to the commenter’s 

contention that NOAA attorneys should 

be available to testify at hearings before 

an Administrative Law Judge as to the 

basis for penalty assessments in any 

particular case, we disagree. NOAA is 

changing its regulations at 15 CFR part 

904 to remove the requirement in 15 

CFR § 904.204(m) that an 

Administrative Law Judge state good 

reason(s) for departing from the civil 

penalty or permit sanction, condition, 

revocation, or denial of permit 

application (collectively, ‘‘civil penalty 

or permit sanction’’) assessed by NOAA 

in its charging document. This revision 

eliminates any presumption in favor of 

the civil penalty or permit sanction 

assessed by NOAA in its charging 

document (see ‘‘In the Matter of: AGA 

Fishing Corp.’’, 2001 WL 34683852 

(NOAA Mar. 17, 2001)). It requires 

instead that NOAA justify at a hearing 

provided for under this Part that its 

proposed penalty or permit sanction is 

appropriate, taking into account all the 

factors required by applicable law. 

Respondents have a full and fair 

opportunity to challenge the proposed 

Agency action as set forth in detail in 


jlentini on DSKJ8SOYB1PROD with RULES