Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Rules and Regulations 10473 

Parkersburg, WV, Mid-Ohio Valley Regional, 

RNAV (GPS) Y RWY 21, Orig, 

CANCELLED 

Parkersburg, WV, Mid-Ohio Valley Regional, 

Takeoff Minimums and Obstacle DP, Amdt 

2 

Parkersburg, WV, Mid-Ohio Valley Regional, 

VOR RWY 21, Amdt 17 

Effective 09 APR 2009 

Courtland, AL, Lawrence County, GPS RWY 

13, Orig, CANCELLED 

Courtland, AL, Lawrence County, RNAV 

(GPS) RWY 13, Orig 

Courtland, AL, Lawrence County, RNAV 

(GPS) RWY 31, Orig 

Courtland, AL, Lawrence County, Takeoff 

and Minimums and Obstacle DP, Orig 

Tuskegee, AL, Moton Field Muni, Takeoff 

and Minimums and Obstacle DP, Orig 

Cedartown, GA, Polk County AirportCornelius Moore Field, Takeoff Minimums 

and Obstacle DP, Orig 

West Milford, NJ, Greenwood Lake, VOR 

RWY 6, Orig, CANCELLED 

South Bethlehem, NY, South Albany, Takeoff 

Minimums and Obstacle DP, Orig 

Columbus, OH, Darby Dan, NDB–A, Orig, 

CANCELLED 

Lancaster, PA, Lancaster, RNAV (GPS) RWY 

8, Amdt 1A 

Lafayette, TN, Lafayette Muni, NDB RWY 19, 

Amdt 3 

Lafayette, TN, Lafayette Muni, RNAV (GPS) 

RWY 19, Orig 

Lafayette, TN, Lafayette Muni, Takeoff 

Minimums and Obstacle DP, Orig 

Lawrenceburg, TN, Lawrenceburg-Lawrence 

County, Takeoff Minimums and Obstacle 

DP, Orig 

Warrenton, VA, Warrenton-Fauquier, Takeoff 

Minimums and Obstacle DP, Orig 

Effective 07 MAY 2009 

Lompoc, CA, Lompoc, RNAV (GPS) RWY 25, 

Amdt 1 

Leesburg, FL, Leesburg Intl, Takeoff 

Minimums and Obstacle DP, Amdt 3 

Plant City, FL, Plant City, Takeoff Minimums 

and Obstacle DP, Orig 

Tampa, FL, Tampa Intl, ILS or LOC RWY 

18R, Amdt 4A 

Carrollton, GA, West Georgia Regional-O V 

Gray Field, Takeoff Minimums and 

Obstacle DP, Orig 

Bunkie, LA, Bunkie Muni, RNAV (GPS) RWY 

18, Orig 

Bunkie, LA, Bunkie Muni, RNAV (GPS) RWY 

36, Orig 

Bunkie, LA, Bunkie Muni, Takeoff 

Minimums and Obstacle DP, Orig 

Bunkie, LA, Bunkie Muni, VOR/DME–A, 

Amdt 6 

Fryeburg, ME, Eastern Slopes Regional, GPS 

RWY 32, Orig, CANCELLED 

Fryeburg, ME, Eastern Slopes Regional, 

RNAV (GPS) RWY 32, Orig 

Saginaw, MI, Saginaw County H.W. Browne, 

NDB RWY 27, Orig-A, CANCELLED 

Brainerd, MN, Brainerd Lakes Rgnl, RNAV 

(GPS) RWY 34, Orig 

Grand Marais, MN, Grand Marais/Cook 

County, GPS RWY 27, Orig, CANCELLED 

Grand Marais, MN, Grand Marais/Cook 

County, RNAV (GPS) RWY 27, Orig 

Grand Rapids, MN, Grand Rapids/Itasca CoGordon Newstrom Fld, Takeoff Minimums 

and Obstacle DP, Amdt 4 

Helena, MT, Helena Regional, RNAV (GPS) X 

RWY 27, Amdt 1A 

Helena, MT, Helena Regional, RNAV (GPS) Y 

RWY 9, Amdt 1A 

Jacksonville, NC, Albert J Ellis, ILS OR LOC 

RWY 5, Amdt 8A 

Taos, NM, Taos Rgnl, NDB RWY 4, Amdt 1A, 

CANCELLED 

Battle Mountain, NV, Battle Mountain, 

Takeoff Minimums and Obstacle DP, Amdt 

3 

Battle Mountain, NV, Battle Mountain, VOR/ 

DME RWY 3, Amdt 6 

Seneca Falls, NY, Finger Lakes Rgnl, Takeoff 

Minimums and Obstacle DP, Orig 

Ada, OK, Ada Muni, GPS RWY 17, Orig-B, 

CANCELLED 

Ada, OK, Ada Muni, GPS RWY 35, Orig-C, 

CANCELLED 

Ada, OK, Ada Muni, RNAV (GPS) RWY 17, 

Orig 

Ada, OK, Ada Muni, RNAV (GPS) RWY 35, 

Orig 

Ada, OK, Ada Muni, Takeoff Minimums and 

Obstacle DP, Amdt 3 

Corry, PA, Corry-Lawrence, Takeoff 

Minimums and Obstacle DP, Orig 

McAllen, TX, McAllen Miller Intl, RNAV 

(GPS) RWY 31, Amdt 1A 

Wallops Island, VA, Wallops Flight Facility, 

Takeoff Minimums and Obstacle DP, Orig 

Seattle, WA, Boeing Field/King County Intl, 

RNAV (GPS) Y RWY 13R, Orig-C 

Seattle, WA, Boeing Field/King County Intl, 

RNAV (RNP) Z RWY 13R, Orig-B 

Monroe, WI, Monroe Muni, Takeoff 

Minimums and Obstacle DP, Amdt 2 

[FR Doc. E9–4496 Filed 3–10–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

14 CFR Part 97 

[Docket No. 30655; Amdt. No. 3311] 

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 March 11, 

2009. 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 March 11, 

2009. 

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 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 


rwilkins on PROD1PC63 with RULES
10474 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Rules and Regulations 

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 February 20, 

2009. 

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 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: 

§§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 

and 97.35 [Amended] 

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, ISMLS, MLS/DME, MLS/ 

RNAV; § 97.31 RADAR SIAPs; § 97.33 

RNAV SIAPs; and § 97.35 COPTER 

SIAPs, 

FDC date State City Airport FDC No. Subject 

01/23/09 ...... NY CANANDAIGUA ............ CANANDAIGUA ............................... 9/2878 THIS NOTAM PUBLISHED IN 

TL09–06 IS HEREBY RESCINDED IN ITS ENTIRETY. 

RNAV (GPS) RWY 13, ORIG. 

02/09/09 ...... IN GREENSBURG ............ GREENSBURG-DECATUR COUNTY.9/4397 RNAV (GPS) RWY 36, ORIG. 

02/09/09 ...... IN GREENSBURG ............ GREENSBURG-DECATUR COUNTY.9/4398 VOR–A, AMDT 2B. 

02/05/09 ...... CA HAWTHORNE ............... JACK NORTHROP FIELD/HAWTHORNE MUNI.9/4403 VOR OR GPS RWY 25, AMDT 15B. 

02/05/09 ...... WA OAK HARBOR .............. WES LUPIEN ................................... 9/4405 RNAV (GPS) RWY 7, AMDT 2. 

02/05/09 ...... WA OAK HARBOR .............. WES LUPIEN ................................... 9/4414 RADAR–1, AMDT 1. 

02/09/09 ...... IN GREENSBURG ............ GREENSBURG-DECATUR COUNTY.9/4453 TAKEOFF MINIMUMS AND (OBSTACLE) DP, AMDT 1. 

02/05/09 ...... WA OAK HARBOR .............. WES LUPIEN ................................... 9/4454 TAKEOFF MINIMUMS AND (OBSTACLE) DP, ORIG. 

02/06/09 ...... NY LE ROY ......................... LE ROY ............................................ 9/4664 VOR OR GPS–A, ORIG. 

02/06/09 ...... NY ROCHESTER ................ GREATER ROCHESTER INTL ........ 9/4803 ILS OR LOC RWY 22, AMDT 6A. 

02/09/09 ...... PR PONCE ......................... MERCEDITA ..................................... 9/4996 RNAV (GPS) RWY 12, ORIG. 

02/10/09 ...... CA CARLSBAD ................... MC CLELLAN-PALOMAR ................ 9/5094 ILS OR LOC RWY 24, AMDT 8C. 

02/10/09 ...... CA CARLSBAD ................... MC CLELLAN-PALOMAR ................ 9/5095 RNAV (GPS) RWY 24, AMDT 1. 

02/11/09 ...... CA LOS ANGELES ............. LOS ANGELES INTL ....................... 9/5297 ILS OR LOC RWY 7R, AMDT 6. 

02/12/09 ...... PA PHILADELPHIA ............ PHILADELPHIA INTL ....................... 9/5433 ILS OR LOC RWY 17, AMDT 7. 

02/12/09 ...... CA ARCATA/EUREKA ........ ARCATA ........................................... 9/5477 ILS OR LOC/DME RWY 32, AMDT 

1D. 

02/13/09 ...... CT HARTFORD .................. HARTFORD-BRAINARD .................. 9/5768 LDA RWY 2, AMDT 1E. 

02/17/09 ...... NV ELY ............................... ELY ARPT-YELLAND FLD ............... 9/6034 RNAV (GPS) RWY 18, ORIG–B. 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Rules and Regulations 10475 

1On February 9, 2009, the Commission published 

a stay of enforcement of testing and certification 

requirements of certain provisions of subsection 

14(a) of the CPSA as amended by section 102(a) of 

the CPSIA until February 10, 2010. 74 FR 6396. 

However, absent a Commission determination that 

a commodity or class of materials or a specific 

material or product does not exceed the lead 

content limits specified under section 101(a) of 

CPSIA, such products will be subject to the testing 

requirements under section 102 of the CPSIA after 

February 10, 2010. 

FDC date State City Airport FDC No. Subject 

02/18/09 ...... IA ANKENY ....................... ANKENY REGIONAL ....................... 9/6097 RNAV (GPS) RWY 22, ORIG. 

02/18/09 ...... IA ANKENY ....................... ANKENY REGIONAL ....................... 9/6100 RNAV (GPS) RWY 18, ORIG. 

02/18/09 ...... UT OGDEN ......................... OGDEN-HINCKLEY ......................... 9/6135 ILS OR LOC RWY 3, AMDT 4A. 

02/18/09 ...... AK DILLINGHAM ................ DILLINGHAM .................................... 9/6173 LOC/DME RWY 19, AMDT 6. 

[FR Doc. E9–4498 Filed 3–10–09; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1500 

Children’s Products Containing Lead; 

Final Rule; Procedures and 

Requirements for a Commission 

Determination or Exclusion 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Final rule. 

SUMMARY: The Consumer Product Safety 

Commission (Commission or CPSC) is 

issuing a final rule on procedures and 

requirements on requests for: a 

Commission determination that a 

commodity or class of materials or a 

specific material or product does not 

exceed the lead content limits specified 

under section 101(a) of the Consumer 

Product Safety Improvement Act of 

2008 (CPSIA), Public Law 110–314; or 

an exclusion of a commodity or class of 

materials or a specific material or 

product under section 101(b)(1) of the 

CPSIA, that exceeds the lead content 

limits under section 101(a) of the 

CPSIA, but which will not result in the 

absorption of any lead into the human 

body nor have any other adverse impact 

on public health or safety. 

DATES: Effective Date: This regulation 

becomes effective on March 11, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Kristina Hatlelid, PhD, M.P.H., 

Directorate for Health Sciences, 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, 

Maryland 20814; e-mail 

khatlelid@cpsc.gov; telephone 301–504– 

7254. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The CPSIA establishes specific limits 

on lead in children’s products. Section 

101(a) of the CPSIA provides that after 

February 10, 2009, products designed or 

intended primarily for children 12 years 

of age or younger may not contain more 

than 600 ppm of lead by weight for any 

part of the product. After August 14, 

2009, products designed or intended 

primarily for children 12 years of age or 

younger cannot contain more than 300 

ppm of lead by weight for any part of 

the product. On August 14, 2011, the 

limit will be further reduced to 100 ppm 

unless the Commission determines that 

it is not technologically feasible to have 

this lower limit. Paint, coatings, or 

electroplating may not be considered a 

barrier that would make the lead 

content of a product inaccessible to a 

child or prevent the absorption of any 

lead in the human body through normal 

and reasonably foreseeable use and 

abuse of the product. 

Consumer products designed or 

intended primarily for children 12 years 

of age or younger that do not contain 

more than 600 ppm or 300 ppm total 

lead by weight (as of August 14, 2009), 

are not considered to be banned 

hazardous substances under the Federal 

Hazardous Substances Act (FHSA). 

Children’s products that meet the lead 

limits however, are still subject to the 

testing requirements of section 102 of 

the CPSIA (codified at section 14 of the 

Consumer Product Safety Act (CPSA)), 

unless specifically relieved of those 

requirements through Commission lead 

content determinations.1

Children’s products that contain more 

than 600 ppm or 300 ppm lead in any 

component part (as of August 14, 2009) 

are considered to be banned hazardous 

substances under the FHSA. However, 

section 101(b)(1) of the CPSIA provides 

that the Commission may, by regulation, 

exclude a specific product or material 

that exceeds the lead limits established 

for children’s products under section 

101(a) of the CPSIA if ‘‘the Commission, 

after notice and a hearing, determines 

on the basis of the best-available, 

objective, peer-reviewed, scientific 

evidence that lead in such product or 

material will neither: (a) Result in the 

absorption of any lead into the human 

body, taking into account normal and 

reasonably foreseeable use and abuse of 

such product by a child, including 

swallowing, mouthing, breaking, or 

other children’s activities, and the aging 

of the product; nor (b) have any other 

adverse impact on public health or 

safety.’’ Children’s products that have 

lead containing accessible parts that are 

specifically excluded under this section 

would generally not be subject to the 

testing and certification requirements of 

section 102 of the CPSIA for lead 

content. 

B. Statutory Authority 

Section 3 of the CPSIA grants the 

Commission general rulemaking 

authority to issue regulations, as 

necessary, to implement the CPSIA. 

There may be certain commodities or 

classes of products or materials that 

inherently do not contain lead or 

contain lead at levels that would not 

exceed the lead content limits under 

section 101(a) of the CPSIA. 

Accordingly, the Commission will 

exercise its authority under section 3 of 

the CPSIA to make determinations 

regarding such commodities or classes 

of material or products that do not and 

would not exceed the lead limits of 

section 101(a) of the CPSIA. 

In addition, the Commission may 

exercise its authority under section 

101(b)(1) of the CPSIA to issue any 

regulations on a specific product or 

material that exceeds the lead limits 

established for children’s products 

under section 101(a) of the CPSIA if the 

Commission, after notice and a hearing, 

determines on the basis of the bestavailable, objective, peer-reviewed, 

scientific evidence that lead in such 

product or material will neither: (a) 

result in the absorption of any lead into 

the human body, taking into account 

normal and reasonably foreseeable use 

and abuse of such product by a child, 

including swallowing, mouthing, 

breaking, or other children’s activities, 

and the aging of the product; nor (b) 

have any other adverse impact on public 

health or safety. 

C. Notice of Proposed Rulemaking 

On January 15, 2009, the Commission 

published a notice of proposed 

rulemaking on procedures and 

requirements in the Federal Register (74 

FR 2428) for future Commission 

determinations regarding certain 

materials or products that do not and 

would not exceed the lead limits. In the 


rwilkins on PROD1PC63 with RULES