11278 Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

14 CFR Part 97 

[Docket No. 30657; Amdt. No. 3313] 

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 17, 

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 17, 

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 

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 March 6, 

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: 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations 11279 

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 

02/20/09 ...... SC NEWBERRY .................... NEWBERRY COUNTY ........................ 9/6480 NDB RWY 22, AMDT 6. 

02/23/09 ...... MD FREDERICK .................... FREDERICK MUNI .............................. 9/6582 ILS OR LOC RWY 23, AMDT 

5B. 

02/27/09 ...... NY BATAVIA ......................... GENESEE COUNTY ........................... 9/7308 ILS OR LOC RWY 28, AMDT 6. 

03/03/09 ...... ID CALDWELL ..................... CALDWELL INDUSTRIAL ................... 9/7641 NDB RWY 30, AMDT 1. 

03/03/09 ...... ID CALDWELL ..................... CALDWELL INDUSTRIAL ................... 9/7642 RNAV (GPS) RWY 30, AMDT 1. 

03/03/09 ...... ID CALDWELL ..................... CALDWELL INDUSTRIAL ................... 9/7643 RNAV (GPS) RWY 12, AMDT 1. 

03/03/09 ...... CA MODESTO ...................... MODESTO CITY-CO-HARRY SHAM 

FLD.

9/7694 ILS OR LOC/DME RWY 28R, 

AMDT 14. 

03/03/09 ...... KS WICHITA ......................... BEECH FACTORY .............................. 9/7696 VOR/DME RNAV RWY 36, 

ORIG. 

03/03/09 ...... KS WICHITA ......................... BEECH FACTORY .............................. 9/7697 VOR/DME RNAV RWY 18, 

ORIG. 

[FR Doc. E9–5661 Filed 3–16–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[DoD–2008–HA–0029; 0720–AB22] 

Civilian Health and Medical Program of 

the Uniformed Services (CHAMPUS)/ 

TRICARE: Inclusion of TRICARE Retail 

Pharmacy Program in Federal 

Procurement of Pharmaceuticals 

AGENCY: Office of the Secretary, 

Department of Defense (DoD). 

ACTION: Final rule. 

SUMMARY: Section 703 of the National 

Defense Authorization Act for Fiscal 

Year 2008 (NDAA–08) states with 

respect to any prescription filled on or 

after the date of enactment of the 

NDAA, the TRICARE Retail Pharmacy 

Program shall be treated as an element 

of the DoD for purposes of procurement 

of drugs by Federal agencies under 

section 8126 of title 38, United States 

Code (U.S.C.), to the extent necessary to 

ensure pharmaceuticals paid for by the 

DoD that are provided by network retail 

pharmacies under the program to 

eligible covered beneficiaries are subject 

to the pricing standards in such section 

8126. NDAA–08 was enacted on January 

28, 2008. The statute requires 

implementing regulations. This final 

rule is to implement section 703 of the 

NDAA–08. 

DATES: Effective Date: This final rule is 

effective May 26, 2009. 

FOR FURTHER INFORMATION CONTACT: Rear 

Admiral Thomas McGinnis, Chief, 

Pharmacy Operations Directorate, 

TRICARE Management Activity, 

telephone 703–681–2890. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Section 703 of the National Defense 

Authorization Act for Fiscal Year 2008 

(NDAA–08) (Pub. L. 110–181) enacted 

10 U.S.C. 1074g(f). It provides that with 

respect to any prescription filled on or 

after the date of enactment of the 

NDAA, the TRICARE Retail Pharmacy 

Program shall be treated as an element 

of the DoD for purposes of procurement 

of drugs by Federal agencies under 

section 8126 of title 38, United States 

Code (U.S.C.), to the extent necessary to 

ensure pharmaceuticals paid for by the 

DoD that are provided by network retail 

pharmacies under the program to 

eligible covered beneficiaries are subject 

to the pricing standards in such section 

8126. NDAA–08 was enacted on January 

28, 2008. The statute requires 

implementing regulations. 

The Veterans Health Care Act (VHCA) 

of 1992, codified at 38 U.S.C. 8126, 

established Federal Ceiling Prices 

(FCPs) of covered pharmaceuticals 

(requiring a minimum 24% discount off 

non-Federal average manufacturing 

prices—‘‘non-FAMP’’) procured by the 

four designated agencies covered in the 

Act: Department of Veterans Affairs 

(VA), DoD, Coast Guard, and the Public 

Health Service/Indian Health Service. 

The non-FAMP is the average price paid 

to the manufacturer by wholesalers (or, 

if there are insufficient wholesale sales, 

others who purchase directly from the 

manufacturer) for drugs distributed to 

non-federal purchasers, taking into 

account any cash discounts or similar 

reductions given to those purchasers. 

The VA administers the VHCA discount 

program on behalf of the four specified 

agencies. The DoD consulted closely 

with the VA in the development of this 

final rule and also, consistent with 10 

U.S.C. 1073, consulted with the 

Departments of Health and Human 

Services and Homeland Security. 

The TRICARE Pharmacy Benefits 

Program operates under the authority of 

10 U.S.C. 1074g. It provides outpatient 

drugs to TRICARE beneficiaries through 

Military Treatment Facility (MTF) 

pharmacies, the TRICARE mail order 

pharmacy program (TMOP), and a 

TRICARE Retail Pharmacy program 

consisting of TRICARE Retail Pharmacy 

Network and retail non-network 

pharmacies. As implemented, the new 

statutory requirement will only apply to 

pharmaceuticals paid for by DoD and 

provided to eligible beneficiaries 

through the TRICARE Retail Pharmacy 

Network. There are approximately 

60,000 retail pharmacies in the Retail 

Pharmacy Network. Section 1074g 

requires DoD to establish a Uniform 

Formulary of pharmaceutical agents, 

selected based on clinical and cost 

effectiveness, as evaluated by the DoD 

Pharmacy and Therapeutics (P&T) 

Committee, reviewed by the Beneficiary 

Advisory Panel, and decided by the 

Director, TRICARE Management 

Activity (TMA). The Uniform Formulary 

has three tiers: Tier 1 contains generic 

drugs; Tier 2 brand name Uniform 

Formulary drugs; and Tier 3 nonFormulary drugs. Drugs in all three tiers 

are covered by the TRICARE Pharmacy 

Benefits Program, but cost sharing and 

other program differences encourage the 

use of generic drugs and Uniform 

Formulary brand name drugs. 

The TRICARE Retail Pharmacy 

Network is managed under a single 

Pharmacy Benefits Manager contract, 


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