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

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


### 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 1Big Spring, TX, Big Springs Mc MahonWrinkle, RNAV (GPS) RWY 17, Amdt 1Big Spring, TX, Big Springs Mc MahonWrinkle, RNAV (GPS) RWY 35, Amdt 1Big 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


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

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