Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Rules and Regulations 2803

affected CFR (and FAR) sections, with

the types and effective dates of the

SIAPs. This amendment also identifies

the airport, its location, the procedure

identification and the amendment

number.

The Rule

This amendment to part 97 is effective

upon publication of each separate SIAP

as contained in the transmittal. Some

SIAP amendments may have been

previously issued by the FAA in a

National Flight Data Center (NFDC)

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

amendments may require making them

effective in less than 30 days. For the

remaining SIAPs, an effective date at

least 30 days after publication is

provided.

Further, the SIAPs contained in this

amendment are based on the criteria

contained in the U.S. Standard for

Terminal Instrument Procedures

(TERPS). In developing these SIAPs, 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 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 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

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore—(1) is not a

‘‘significant rule’’ 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,

Navigation (air).

Issued in Washington, DC on January 5,

2001.

L. Nicholas Lacey,

Director, Flight Standards Service.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me, part 97 of the

Federal Aviation Regulations (14 CFR

part 97) is amended by establishing,

amending, suspending, or revoking

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 is

revised to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120, 44701; and 14 CFR 11.49(b)(2).

2. Part 97 is amended to read as

follows:

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

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, MLS/DME, MLS/RNAV;

§ 97.31 RADAR SIAPs; § 97.33 RNAV

SIAPs; and § 97.35 COPTER SIAPs,

identified as follows:

January 25, 2001

White Plains, NY, Westchester County, VOR/

DME–A, Amdt 4

White Plains, NY, Westchester County, NDB

RWY 16, Amdt 21

White Plains, NY, Westchester County,

RNAV (GPS) RWY 16, Orig

White Plains, NY, Westchester County,

RNAV (GPS) RWY 34, Orig

White Plains, NY, Westchester County, VOR/

DME RNAV OR GPS RWY 34, Amdt 6A,

CANCELLED

March 22, 2001

Ruidoso, NM, Sierra Blanca Regional, LOC/

DME RWY 24, Orig-B

Victoria, TX, Victoria Regional, VOR OR GPS

RWY 12L, Amdt 15

[FR Doc. 01–1091 Filed 1–11–01; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30225; Amdt. No. 2031]

Standard Instrument Approach

Procedures; Miscellaneous

Amendments

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This amendment establishes,

amends, suspends, or revokes Standard

Instrument Approach Procedures

(SIAPs) for operations at certain

airports. These regulatory actions are

needed because of changes occurring in

the National Airspace System, such as

the commissioning of new navigational

facilities, addition of new obstacles, or

changes in 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: An effective date for each SIAP

is specified in the amendatory

provisions.

Incorporation by reference-approved

by the Director of the Federal Register

on December 31, 1980, and reapproved

as of January 1, 1982.

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 affected airport is

located; or

3. The Flight Inspection Area Office

which originated the SIAP.

For Purchase—Individual SIAP

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.

By Subscription—Copies of all SIAPs,

mailed once every 2 weeks, are for sale

by the Superintendent of Documents,

U.S. Government Printing Office,

Washington, DC 20402.

FOR FURTHER INFORMATION CONTACT:

Donald P. Pate, Flight Procedure

Standards Branch (AMCAFS–420),

Flight Technologies and Programs

2804 Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Rules and Regulations

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

amendment to part 97 of the Federal

Aviation Regulations (14 CFR part 97)

establishes, amends, suspends, or

revokes Standard Instrument Approach

Procedures (SIAPs). The complete

regulatory description on each SIAP is

contained in the appropriate FAA Form

8260 and the National Flight Data

Center (FDC)/Permanent (P) Notices to

Airmen (NOTAM) which are

incorporated by reference in the

amendment under 5 U.S.C. 552(a), 1

CFR part 51, and § 97.20 of the Federal

Aviation’s Regulations (FAR). Materials

incorporated by reference are available

for examination or purchase as stated

above.

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 of 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. The

provisions of this amendment state the

affected CFR (and FAR) sections, with

the types and effective dates of the

SIAPs. This amendment also identifies

the airport, its location, the procedure

identification and the amendment

number.

The Rule

This amendment to part 97 of the

Federal Aviation Regulations (14 CFR

part 97) establishes, amends, suspends,

or revokes SIAPs. For safety and

timeliness of change considerations, this

amendment incorporates only specific

changes contained in the content of the

following FDC/P NOTAMs for each

SIAP. The SIAP information in some

previously designated FDC/Temporary

(FDC/T) NOTAMs is of such duration as

to be permanent. With conversion to

FDC/P NOTAMs, the respective FDC/T

NOTAMs have been canceled.

The FCD/P NOTAMs for the SIAPs

contained in this amendment are based

on the criteria contained in the U.S.

Standard for Terminal Instrument

Procedures (TERPS). In developing

these chart changes to SIAPs by FDC/P

NOTAMs, the TERPS criteria were

applied to only these specific conditions

existing at the affected airports. All

SIAP amendments in this rule have

been previously issued by the FAA in a

National 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 all these

SIAP amendments requires making

them effective in less than 30 days.

Further, the SIAPs contained in this

amendment are based on the criteria

contained in the TERPS. 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,

Navigation (Air).

Issued in Washington, DC on January 5,

2001.

L. Nicholas Lacey,

Director, Flight Standards Service.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me, part 97 of the

Federal Aviation Regulations (14 CFR

part 97) is amended by establishing,

amending, suspending, or revoking

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 is

revised to read as follows:

Authority: 49 U.S.C. 40103, 40113, 40120,

44701; 49 U.S.C. 106(g); and 14 CFR

11.49(b)(2).

2. Part 97 is amended to read as

follows:

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

[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 § COPTER SIAPS,

Identified as follows:

* * * Effective Upon Publication

FDC date State City Airport FDC number SIAP

12/25/00 ....... NJ Newark .......................... Newark Intl ........................................ FDC 0/5494 ILS/DME RWY 22L ORIG

12/29/00 ....... TX Brownfield ..................... Terry County ..................................... FDC 0/5625 GPS RWY 2 AMDIT 1

12/29/00 ....... TX Brownfield ..................... Terry County ..................................... FDC 0/5624 NDB RWY 2 AMDT 2

12/29/00 ....... TX Carrizo Springs ............. Dimmit County .................................. FDC 0/5628 NDB RWY 31 AMDT 3

12/28/00 ....... WI Rice Lake ...................... Rice Lake Regional-Carl’s Field ....... FDC 0/5594 VOR RWY 1 ORIG

12/28/00 ....... WI Rice Lake ...................... Rice Lake Regional-Carl’s Field ....... FDC 0/5593 VOR/DME RWY 19 ORIG

12/28/00 ....... WI Wautoma ....................... Wautoma Muni ................................. FDC 0/5590 GPS RWY 31 ORIG

12/27/00 ....... IN Portland ......................... Portland Muni ................................... FDC 0/5575 GPS RWY 27 ORIG

12/27/00 ....... IN Portland ......................... Portland Muni ................................... FDC 0/5573 NDB RWY 27 AMDT 7

12/27/00 ....... IN Portland ......................... Portland Muni ................................... FDC 0/5572 NDB OR GPS RWY 9 AMDT 2

12/20/00 ....... OH Columbus ...................... Rickenbacker Intl .............................. FDC 0/5434 ILS RWY 23L ORIG-B

12/20/00 ....... IL Dekalb ........................... Dekalb Taylor Muni .......................... FDC 0/5425 LOC/DME RWY 2 ORIG

12/20/00 ....... IL Dekalb ........................... Dekalb Taylor Muni .......................... FDC 0/5424 VOR/DME OR GPS RWY 27

AMDT 5A

12/20/00 ....... IL Dekalb ........................... Dekalb Taylor Muni .......................... FDC 0/5423 GPS RWY 9 AMDT 5A

Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Rules and Regulations 2805

FDC date State City Airport FDC number SIAP

12/20/00 ....... IL Dekalb ........................... Dekalb Taylor Muni .......................... FDC 0/5422 NDB RWY 27 AMDT 1

12/28/00 ....... TN Memphis ....................... Memphis Intl ..................................... FDC 0/5584 ILS RWY 18R AMDT 12B

12/21/00 ....... FL Fort Lauderdale ............ Fort Lauderdale-Hollywood Intl ........ FDC 0/5471 ILS RWY 27R AMDT 6

12/21/00 ....... FL Fort Lauderdale ............ Fort Lauderdale-Hollywood Intl ........ FDC 0/5470 LOC RWY 94 AMDT 4

12/21/00 ....... NC Fayetteville .................... Fayetteville Rgnl/Grannis Field ........ FDC 0/5456 ILS RWY 4 AMDT 14A

12/21/00 ....... NC Fayetteville .................... Fayeteville Rgnl/Grannis Field ......... FDC 0/5452 NDB OR GPS RWY 4 AMDT

14A

12/21/00 ....... NC Fayetteville .................... Fayeteville Rgnl/Grannis Field ......... FDC 0/5451 VOR RWY 4 AMDT 15A

12/21/00 ....... NC Fayetteville .................... Fayetteville Rgnl/Grannis Field ........ FDC 0/5450 VOR OR GPS RWY 28 AMDT

7A

12/21/00 ....... NC Fayetteville .................... Fayetteville Rgnl/Grannis Field ........ FDC 0/5449 LOC BC RWY 22 AMDT 5B

12/20/00 ....... WA Renton .......................... Renton Muni ..................................... FDC 0/5407 GPS RWY 15 ORIG

12/20/00 ....... WA Arlington ........................ Arlington Muni ................................... FDC 0/5409 LOC RWY 34 AMDT 4A

12/20/00 ....... WA Arlington ........................ Arlington Muni ................................... FDC 0/5408 NDB OR GPS RWY 34 AMDT 3

[FR Doc. 01–1092 Filed 1–11–01; 8:45 am]

BILLING CODE 4910–13–M

SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 401, 402 and 403

RIN 0960–AE95

Testimony by Employees and the

Production of Records and Information

in Legal Proceedings

AGENCY: Social Security Administration.

ACTION: Final rule.

SUMMARY: The Social Security

Administration (SSA) is implementing

procedures governing testimony by SSA

employees and the production of official

records and information in legal

proceedings to which SSA is not a

party. This rule provides procedures,

requirements, and information on how

SSA will handle these matters and

expressly prohibits any production or

testimony except as approved by the

Commissioner of Social Security or as

Federal law otherwise provides. This

rule conserves and ensures more

efficient use of SSA’s resources in

meeting the Agency’s mission, promotes

consistency in decisionmaking,

minimizes the possibility of involving

SSA in issues not related to its mission,

maintains SSA’s impartiality, protects

sensitive and confidential information

and the deliberative processes of SSA,

and enhances SSA’s ability to respond

efficiently to requests for records,

information, or testimony in a legal

proceeding.

EFFECTIVE DATE: February 12, 2001.

FOR FURTHER INFORMATION CONTACT: Brad

Howard, Attorney, Office of General

Law, Office of the General Counsel,

Room 617 Altmeyer Building, 6401

Security Boulevard, Baltimore, MD

21235–6401, (410) 966–1817, for

information about this rule. For

information on eligibility or claiming

benefits, call our national toll-free

number, 1–800–772–1213 or TTY 1–

800–325–0778.

SUPPLEMENTARY INFORMATION:

Background

On May 10, 2000, SSA published in

the Federal Register a notice of

proposed rulemaking proposing to

establish procedures governing

testimony by SSA employees and the

production of official records and

information in legal proceedings to

which SSA is not a party (65 FR 30037–

30043). Prior to March 31, 1995, SSA

was part of the Department of Health

and Human Services (DHHS) and

followed the DHHS regulations at 45

CFR part 2 regarding these matters. The

Social Security Independence and

Program Improvements Act of 1994

(SSIPIA), Pub. L. 103–296, established

SSA as an independent agency in the

executive branch of the Federal

Government effective March 31, 1995,

and vested general regulatory authority

in the Commissioner of Social Security

(the Commissioner). Under sec. 106(b)

of the SSIPIA, DHHS regulations in

effect immediately before March 31,

1995, that relate to functions vested in

the Commissioner by reason of SSA’s

independence, continue to apply to SSA

until the Commissioner modifies,

suspends, terminates, or repeals them.

This rule establishes a new Part 403 of

our regulations, which sets forth the

SSA rules for responding to requests for

information, records, or testimony in

legal proceedings. The DHHS

regulations at 45 CFR part 2 will no

longer apply to SSA.

This rule, issued under the authority

of 5 U.S.C. 301, is similar to rules issued

by numerous Government agencies and

departments. Section 301 of Title 5, the

‘‘housekeeping statute,’’ authorizes the

head of an executive agency to issue

‘‘regulations for the government of his

department, the conduct of its

employees, the distribution and

performance of its business and the

custody, use, and preservation of its

records, papers, and property.’’ In

United States ex rel. Touhy v. Ragen,

340 U.S. 462 (1951), the Supreme Court

upheld the authority of Federal agencies

to establish procedures pursuant to

§ 301 similar to those established here.

Federal courts have consistently held

that a person seeking testimony or

records from an agency must comply

with the agency’s ‘‘Touhy regulation’’

before seeking judicial enforcement of a

subpoena. In addition, under § 702(a)(5)

of the Social Security Act, 42 U.S.C.

§ 902(a)(5), the Commissioner has

authority to promulgate regulations

necessary to the efficient administration

of SSA functions.

In the notice of proposed rulemaking

published in the Federal Register on

May 10, 2000, SSA requested comments

by July 10, 2000. SSA received three

comments on the proposed rule.

One commenter raised several issues

concerning health and safety in Social

Security offices. He essentially

recommended that we revise the rule to

allow testimony from employees in

every case involving the health and

safety of our employees. We share the

commenter’s general concerns about the

importance of workplace safety.

However, we are not adopting his

recommendation because we believe

that the rule addresses his concerns.

The commenter first noted that

United States Attorneys’ Offices may

decline prosecution in situations where

an employee is threatened or assaulted

at work. In such situations, the

employee often files charges with the

local police and the matter proceeds in

state court. He recommended that we

clarify that testimony of the employee

and employee-witnesses requires no

prior approval in such cases. However,

section 403.115(b)(7) renders the

procedural requirements established in

this rule inapplicable to state or local

law enforcement proceedings related to

threats or acts against SSA or its