50846 Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations 

AIRAC Date State City Airport FDC No. FDC date Subject 

7–Oct–21 ...... WI Rhinelander ...................... Rhinelander-Oneida 

County.

1/1665 8/20/21 RNAV (GPS) RWY 33, Amdt 1B. 

7–Oct–21 ...... WI Rhinelander ...................... Rhinelander-Oneida 

County.

1/1666 8/20/21 RNAV (GPS) RWY 27, Amdt 1C. 

7–Oct–21 ...... NE Ogallala ............................ Searle Fld ........................ 1/7383 8/17/21 RNAV (GPS) RWY 31, Orig-C. 

7–Oct–21 ...... NE Ogallala ............................ Searle Fld ........................ 1/7385 8/17/21 RNAV (GPS) RWY 8, Amdt 2C. 

7–Oct–21 ...... NE Ogallala ............................ Searle Fld ........................ 1/7393 8/17/21 RNAV (GPS) RWY 26, Amdt 2C. 

7–Oct–21 ...... KY Williamsburg .................... Williamsburg-Whitley 

County.

1/7409 8/20/21 LOC RWY 20, Orig-D. 

7–Oct–21 ...... KY Williamsburg .................... Williamsburg-Whitley 

County.

1/7411 8/20/21 VOR RWY 20, Orig-D. 

7–Oct–21 ...... MN Minneapolis ...................... Flying Cloud ..................... 1/8648 8/30/21 ILS OR LOC RWY 10R, Amdt 

3C. 

7–Oct–21 ...... IL Quincy .............................. Quincy Rgnl-Baldwin Fld 1/8699 8/23/21 ILS OR LOC RWY 4, Amdt 17B. 

7–Oct–21 ...... IL Quincy .............................. Quincy Rgnl-Baldwin Fld 1/8700 8/23/21 NDB RWY 4, Amdt 17A. 

7–Oct–21 ...... OK Woodward ........................ West Woodward .............. 1/8990 8/17/21 RNAV (GPS) RWY 17, Orig-A. 

7–Oct–21 ...... OK Woodward ........................ West Woodward .............. 1/8991 8/17/21 RNAV (GPS) RWY 35, Orig-A. 

7–Oct–21 ...... OK Woodward ........................ West Woodward .............. 1/8992 8/17/21 VOR/DME–A, Amdt 7A. 

7–Oct–21 ...... AK Nenana ............................ Nenana Muni ................... 1/9009 8/17/21 RNAV (GPS) RWY 4L, Amdt 1A. 

7–Oct–21 ...... AK Nenana ............................ Nenana Muni ................... 1/9010 8/17/21 NDB RWY 4L AMDT 3C. 

7–Oct–21 ...... GA Baxley .............................. Baxley Muni ..................... 1/9024 8/18/21 RNAV (GPS) RWY 26, Amdt 1B.

7–Oct–21 ...... GA Baxley .............................. Baxley Muni ..................... 1/9025 8/18/21 RNAV (GPS) RWY 8, Amdt 1B. 

7–Oct–21 ...... GA Baxley .............................. Baxley Muni ..................... 1/9026 8/18/21 NDB RWY 8, Amdt 2B. 

7–Oct–21 ...... CA Chino ................................ Chino ................................ 1/9035 8/17/21 ILS OR LOC RWY 26R, Amdt 

8A. 

7–Oct–21 ...... CA Chino ................................ Chino ................................ 1/9036 8/17/21 RNAV (GPS) RWY 26R, Orig-D. 

7–Oct–21 ...... CA Chino ................................ Chino ................................ 1/9038 8/17/21 VOR RWY 26R, Orig. 

[FR Doc. 2021–19651 Filed 9–10–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 31388; Amdt. No. 3973] 

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 removes Standard 

Instrument Approach Procedures 

(SIAPS) and associated Takeoff 

Minimums and Obstacle Departure 

procedures (ODPs) 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 September 

13, 2021. 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 

September 13, 2021. 

ADDRESSES: Availability of matters 

incorporated by reference in the 

amendment is as follows: 

For Examination 

1. U.S. Department of Transportation, 

Docket Ops–M30. 1200 New Jersey 

Avenue SE, West Bldg., Ground Floor, 

Washington, DC 20590–0001; 

2. The FAA Air Traffic Organization 

Service Area in which the affected 

airport is located; 

3. The office of Aeronautical 

Information Services, 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, email fr.inspection@

nara.gov or go to: https://

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

Availability 

All SIAPs and Takeoff Minimums and 

ODPs are available online free of charge. 

Visit the National Flight Data Center at 

nfdc.faa.gov to register. Additionally, 

individual SIAP and Takeoff Minimums 

and ODP copies may be obtained from 

the FAA Air Traffic Organization 

Service Area in which the affected 

airport is located. 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Nichols, Flight Procedures 

and Airspace Group, Flight 

Technologies and Procedures Division, 

Flight Standards Service, Federal 

Aviation Administration. Mailing 

Address: FAA Mike Monroney 

Aeronautical Center, Flight Procedures 

and Airspace Group, 6500 South 

MacArthur Blvd., Registry Bldg. 29, 

Room 104, Oklahoma City, OK 73169. 

Telephone (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This rule 

amends 14 CFR part 97 by establishing, 

amending, suspending, or removes 

SIAPS, Takeoff Minimums and/or 

ODPS. The complete regulatory 

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 8260–3, 8260–4, 8260–5, 8260– 

15A, 8260–15B, when required by an 

entry on 8260–15A, and 8260–15C. 

The large number of SIAPs, Takeoff 

Minimums and ODPs, their complex 

nature, and the need for a special format 

make publication in the Federal 

Register expensive and impractical. 

Further, airmen do not use the 

regulatory text of the SIAPs, Takeoff 

Minimums or ODPs, but instead refer to 

their graphic depiction on charts 


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Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations 50847 

printed by publishers or aeronautical 

materials. Thus, the advantages of 

incorporation by reference are realized 

and publication of the complete 

description of each SIAP, Takeoff 

Minimums and ODP listed on FAA form 

documents is unnecessary. This 

amendment provides the affected CFR 

sections and specifies the typed of 

SIAPS, Takeoff Minimums and ODPs 

with their applicable effective dates. 

This amendment also identifies the 

airport and its location, the procedure, 

and the amendment number. 

Availability and Summary of Material 

Incorporated by Reference 

The material incorporated by 

reference is publicly available as listed 

in the ADDRESSES section. 

The material incorporated by 

reference describes SIAPS, Takeoff 

Minimums and/or ODPs as identified in 

the amendatory language for part 97 of 

this final rule. 

The Rule 

This amendment to 14 CFR part 97 is 

effective upon publication of each 

separate SIAP, Takeoff Minimums and 

ODP as amended 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 flights safety 

relating directly to published 

aeronautical charts. 

The circumstances that 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 procedure under 

5 U.S.C. 553(b) are impracticable and 

contrary to the public interest and, 

where applicable, under 5 U.S.C. 553(d), 

good cause exists for making some 

SIAPs effective in less than 30 days. 

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. 

Lists of Subjects in 14 CFR Part 97 

Air Traffic Control, Airports, 

Incorporation by reference, Navigation 

(Air). 

Issued in Washington, DC, on September 3, 

2021. 

Wade E.K. Terrell, 

Aviation Safety, Flight Standards Service, 

Manager (A), Flight Technologies and 

Procedures Division. 

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 

removing Standard Instrument 

Approach Procedures and/or Takeoff 

Minimums and Obstacle Departure 

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(f), 106(g), 40103, 

40106, 40113, 40114, 40120, 44502, 44514, 

44701, 44719, 44721–44722. 

■ 2. Part 97 is amended to read as 

follows: 

Effective 7 October 2021 

Brevig Mission, AK, PFKT, RNAV (GPS) 

RWY 12, Amdt 1A 

Fairbanks, AK, PAFA, RNAV (GPS) RWY 

20L, Amdt 2 

Gustavus, AK, Gustavus, GUSTAVUS TWO 

Graphic DP 

Chatom, AL, 5R1, RNAV (GPS) RWY 12, 

Orig-B 

Blytheville, AR, KBYH, ILS OR LOC RWY 18, 

Amdt 3 

Paragould, AR, KPGR, RNAV (GPS) RWY 4, 

Orig-C 

Paragould, AR, KPGR, RNAV (GPS) RWY 22, 

Orig-D 

Atlanta, GA, PDK, ILS OR LOC RWY 21L, 

Amdt 9 

Atlanta, GA, PDK, RNAV (GPS) Y RWY 21L, 

Amdt 2 

Sterling/Rockfalls, IL, KSQI, ILS OR LOC 

RWY 25, Amdt 12 

Fort Leavenworth, KS, KFLV, RNAV (GPS) 

RWY 16, Orig-B 

Fort Leavenworth, KS, KFLV, RNAV (GPS) 

RWY 34, Orig-C 

Fort Leavenworth, KS, KFLV, VOR–A, OrigC 

Frankfort, MI, KFKS, RNAV (GPS) RWY 15, 

Amdt 1B 

Sturgis, MI, Kirsch Muni, Takeoff Minimums 

and Obstacle DP, Amdt 4 

Keene, NH, KEEN, ILS OR LOC RWY 2, 

Amdt 5 

Keene, NH, KEEN, RNAV (GPS) RWY 2, 

Amdt 1 

Keene, NH, KEEN, VOR RWY 2, Amdt 13A, 

CANCELLED 

New York, NY, John F Kennedy Intl, RNAV 

(GPS) Z RWY 13R, Orig 

Hamilton, OH, KHAO, RNAV (GPS) RWY 11, 

Amdt 1A 

Hamilton, OH, KHAO, RNAV (GPS) RWY 29, 

Amdt 1A 

La Grande, OR, KLGD, RNAV (GPS) RWY 17, 

Amdt 1 

Conway, SC, KHYW, RNAV (GPS) RWY 4, 

Amdt 1B 

Conway, SC, KHYW, RNAV (GPS) RWY 22, 

Amdt 1B 

Williamsburg, VA, KJGG, VOR–B, AMDT 3A 

Janesville, WI, KJVL, ILS OR LOC RWY 4, 

Amdt 13 

Janesville, WI, KJVL, ILS OR LOC RWY 32, 

Amdt 1C 

Wheeling, WV, KHLG, RNAV (GPS) RWY 21, 

Amdt 1A 

Wheeling, WV, KHLG, RNAV (GPS) RWY 34, 

Amdt 1B 

Rescinded: On August 5, 2021 (86 FR 

42708), the FAA published an Amendment 

in Docket No. 31382 Amdt No. 3967, to Part 

97 of the Federal Aviation Regulations under 

section 97.37. The following entry for 

Koyukuk, AK, effective October 7, 2021, is 

hereby rescinded in its entirety: 

Koyukuk, AK, Koyukuk, DIBVY THREE 

Graphic DP 

Rescinded: On August 20, 2021 (86 FR 

46774), the FAA published an Amendment 

in Docket No. 31384 Amdt No. 3969, to Part 

97 of the Federal Aviation Regulations under 

section 97.33. The following entries for 

Headland, AL, effective October 7, 2021, are 

hereby rescinded their entirety: 

Headland, AL, 0J6, RNAV (GPS) RWY 9, 

Amdt 1B 

Headland, AL, 0J6, RNAV (GPS) RWY 27, 

Amdt 1B 

Rescinded: On August 31, 2021 (86 FR 

48502), the FAA published an Amendment 

in Docket No. 31386 Amdt No. 3971, to Part 

97 of the Federal Aviation Regulations under 

section 97.37. The following entries for Gold 

Beach, OR, and Jackson, WY effective 

October 7, 2021, are hereby rescinded in their 

entirety: 

Gold Beach, OR, Gold Beach Municipal 

Airport, NELL ONE Graphic DP 

Gold Beach, OR, Gold Beach Municipal 

Airport, Takeoff Minimums and Obstacle 

DP, Orig 


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50848 Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations 

1 15 U.S.C. 1681m(d). 

2 70 FR 5021 (Aug. 1, 2005). 

3Public Law 111–203 (2010). 

4 15 U.S.C. 1681 et seq. The Dodd-Frank Act does 

not transfer to the CFPB rulemaking authority for 

section 615(e) of the FCRA (‘‘Red Flag Guidelines 

and Regulations Required’’) and section 628 of the 

FCRA (‘‘Disposal of Records’’). See 15 U.S.C. 

1681s(e). 

5 77 FR 22200 (April 13, 2012); 12 U.S.C. 5519. 

6 15 U.S.C. 5519. 

7 77 FR 22200 (April 13, 2012). 

8 Id. 

9 12 CFR 1022.54. 

10 84 FR 23471 (May 22, 2019). 

11The comments can be found at 

www.regulations.gov/document/FTC-2020-0066- 

0001/comment. 

12 15 U.S.C. 1681s(e)(1); 12 U.S.C. 5519. 

13 12 U.S.C. 5519. 

14 Devin Davis (Comment 2). 

Jackson, WY, Jackson Hole, GEYSER SIX 

Graphic DP 

[FR Doc. 2021–19643 Filed 9–10–21; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Parts 642 and 698 

RIN 3084–AB63 

Prescreen Opt-Out Notice Rule 

AGENCY: Federal Trade Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Trade 

Commission (‘‘FTC’’ or ‘‘Commission’’) 

is issuing a final rule (‘‘Final Rule’’) to 

amend its Prescreen Opt-Out Notice 

Rule to correspond to changes made to 

the Fair Credit Reporting Act (‘‘FCRA’’) 

by the Dodd-Frank Act and to reinstate 

and amend a model prescreen opt-out 

notice. 

DATES: This rule is effective October 13, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

David Lincicum (202–326–2773), 

Division of Privacy and Identity 

Protection, Bureau of Consumer 

Protection, Federal Trade Commission, 

600 Pennsylvania Avenue NW, 

Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. The Prescreen Opt-Out Notice Rule 

Section 615(d) of the FCRA 1 requires 

that any person who uses a consumer 

report in order to make an unsolicited 

firm offer of credit or insurance to the 

consumer (‘‘prescreened offer’’ or 

‘‘prescreened solicitation’’) shall 

provide with each written solicitation a 

clear and conspicuous statement that: 

(A) Information contained in the 

consumer’s consumer report was used 

in connection with the transaction; (B) 

the consumer received the offer of credit 

or insurance because the consumer 

satisfied the criteria for credit 

worthiness or insurability under which 

the consumer was selected for the offer; 

(C) if applicable, the credit or insurance 

may not be extended if, after the 

consumer responds to the offer, the 

consumer does not meet the criteria 

used to select the consumer for the offer 

or any applicable criteria bearing on 

credit worthiness or insurability or does 

not furnish any required collateral; (D) 

the consumer has a right to prohibit 

information contained in the 

consumer’s file with any consumer 

reporting agency from being used in 

connection with any credit or insurance 

transaction that is not initiated by the 

consumer; and (E) the consumer may 

exercise the opt-out right by notifying a 

notification system established under 

section 604(e) of the FCRA. 

The Fair and Accurate Credit 

Transactions Act of 2003 (‘‘FACT Act’’) 

was signed into law on December 4, 

2003. Public Law 108–159, 117 Stat. 

1952. Section 213(a) of the FACT Act 

amended FCRA section 615(d) to 

require that the statement mandated by 

section 615(d) ‘‘be presented in such 

format and in such type size and 

manner as to be simple and easy to 

understand, as established by the 

Commission, by rule, in consultation 

with the Federal banking agencies and 

the National Credit Union 

Administration.’’ On August 1, 2005, 

the FTC issued its Prescreen Opt-Out 

Notice Rule.2

B. Dodd-Frank Act 

The Dodd-Frank Wall Street Reform 

and Consumer Protection Act (‘‘DoddFrank Act’’) was signed into law in 

2010.3 The Dodd-Frank Act 

substantially changed the federal legal 

framework for financial services 

providers. Among the changes, the 

Dodd-Frank Act transferred to the 

Consumer Financial Protection Bureau 

(‘‘CFPB’’) the Commission’s rulemaking 

authority under portions of the FCRA.4

Accordingly, in 2012, the Commission 

rescinded several of its FCRA rules, 

which had been replaced by rules 

issued by the CFPB.5 The FTC retained 

rulemaking authority for other rules to 

the extent the rules apply to motor 

vehicle dealers described in section 

1029(a) of the Dodd-Frank Act 6 that are 

predominantly engaged in the sale and 

servicing of motor vehicles, the leasing 

and servicing of motor vehicles, or both 

(‘‘motor vehicle dealers’’).7 The retained 

rules include the Prescreen Opt-Out 

Notice Rule, which now applies only to 

motor vehicle dealers.8 Consumer report 

users originally covered by the 

Prescreen Opt-Out Notice Rule that are 

not motor vehicle dealers are covered by 

the CFPB’s rule.9

On May 22, 2019, the FTC rescinded 

several FCRA model notices and forms 

that were no longer necessary due to the 

Dodd-Frank Act’s change to its 

rulemaking authority.10 The prescreen 

opt-out model notice was included in 

this rescission. 

II. Regulatory Review of the Prescreen 

Opt-Out Notice Rule 

On September 21, 2020, the 

Commission solicited comments on the 

Prescreen Opt-Out Notice Rule. The 

Commission sought information about 

the costs and benefits of the Rule, and 

its regulatory and economic impact. In 

addition, the Commission proposed 

amending sections 642.1 and 642.2 to 

narrow the scope of the Rule to motor 

vehicle dealers excluded from CFPB 

jurisdiction as described in the DoddFrank Act and reinstating the Prescreen 

Opt-Out Notice Rule model notice. The 

Commission received two comments 

concerning the Rule.11

III. Overview of Final Rule 

The Commission promulgated the 

Prescreen Opt-Out Notice Rule at a time 

when it had rulemaking authority for a 

broader group of consumer report users. 

While the Dodd-Frank Act did not 

change the Commission’s enforcement 

authority for the Prescreen Opt-Out 

Notice Rule, it did narrow the 

Commission’s rulemaking authority 

with respect to the Rule. It now covers 

only motor vehicle dealers.12 The 

amendments in the Dodd-Frank Act 

necessitate technical revisions to the 

Prescreen Opt-Out Notice Rule to ensure 

that the regulation is consistent with the 

text of the amended FCRA. Accordingly, 

the Commission amends the Prescreen 

Opt-Out Notice Rule to properly reflect 

the Rule’s scope. 

The amendment to section 642.1 

narrows the scope of the Prescreen OptOut Notice Rule to those entities set 

forth in the Dodd-Frank Act that are 

predominantly engaged in the sale and 

servicing of motor vehicles, excluding 

those dealers that directly extend credit 

to consumers and do not routinely 

assign the extensions of credit to an 

unaffiliated third party.13 It does so by 

replacing the general term ‘‘person’’ 

with the term ‘‘motor vehicle dealers,’’ 

as defined in amended section 642.2. 

One commenter argued the Rule should 

use the term ‘‘MVD’’ in the place of 

‘‘motor vehicle dealers’’ in order to 

reduce the word count of the Rule.14

The Commission believes the term 


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