Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Rules and Regulations 66253 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

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

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9N, 

Airspace Designations and Reporting 

Points, dated September 1, 2005, and 

effective September 15, 2005, is 

amended as follows: 

Paragraph 6011 Area Navigation Routes 

* * * * * 

T–204 Taylor, FL to Brunswick, GA [New] 

Taylor, FL (TAY) ........................................... VORTAC ........................................................ (Lat. 30°30′17′′ N., long. 82°33′11′′ W.) 

Brunswick, GA (SSI) ..................................... VORTAC ........................................................ (Lat. 31°03′02′′ N., long. 81°26′46′′ W.) 

* * * * * * * 

T–205 Ocala, FL to Valdosta, GA [New] 

Ocala, FL (OCF) ............................................ VORTAC ........................................................ (Lat. 29°10′39′′ N., long. 82°13′35′′ W.) 

Valdosta, GA (OTK) ...................................... VOR/DME ...................................................... (Lat. 30°46′50′′ N., long. 83°16′47′′ W.) 

* * * * * * * 

T–207 Ormond Beach, FL to Waycross, GA [New] 

Ormond Beach, FL (OMN) ........................... VORTAC ........................................................ (Lat. 29°18′12′′ N., long. 81°06′46′′ W.) 

CARRA ........................................................... Fix .................................................................. (Lat. 29°43′51′′ N., long. 81°36′29′′ W.) 

Cecil, FL (VQQ) ............................................. VOR ............................................................... (Lat. 30°12′47′′ N., long. 81°53′27′′ W.) 

MONIA, FL .................................................... Fix .................................................................. (Lat. 30°28′49′′ N., long. 82°02′53′′ W.) 

Waycross, GA (AYS) ..................................... VORTAC ........................................................ (Lat. 31°16′10′′ N., long. 82°33′23′′ W.) 

* * * * * * * 

T–208 Gators, FL to Ormond Beach, FL [New] 

Gators, FL (GNV) ........................................... VORTAC ........................................................ (Lat. 29°41′32′′ N., long. 82°16′23′′ W.) 

CARRA ........................................................... Fix .................................................................. (Lat. 29°43′51′′ N., long. 81°36′29′′ W.) 

Ormond Beach, FL (OMN) ........................... VORTAC ........................................................ (Lat. 29°18′12′′ N., long. 81°06′46′′ W.) 

* * * * * * * 

T–211 Ocala, FL to Craig, FL [New] 

Ocala, FL (OCF) ............................................ VORTAC ........................................................ (Lat. 29°10′39′′ N., long. 82°13′35′′ W.) 

JUTTS ............................................................ WP ................................................................. (Lat. 29°36′00′′ N., long. 82°02′00′′ W.) 

CARRA ........................................................... Fix .................................................................. (Lat. 29°43′51′′ N., long. 81°36′29′′ W.) 

Craig, FL (CRG) ............................................. VORTAC ........................................................ (Lat. 30°20′20′′ N., long. 81°30′36′′ W.) 

* * * * * * * 

Issued in Washington, DC on October 27, 

2005. 

Edith V. Parish, 

Manager, Airspace and Rules. 

[FR Doc. 05–21879 Filed 11–1–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 93 

[Docket No. FAA–2005–19411; SFAR No. 

105] 

RIN 2120–AI47 

Reservation System for Unscheduled 

Arrivals at Chicago’s O’Hare 

International Airport 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; extension of 

expiration date. 

SUMMARY: This action extends the 

expiration date of Special Federal 

Aviation Regulation (SFAR) No. 105 

through March 31, 2006. This action is 

necessary to maintain the reservation 

system established for unscheduled 

arrivals at O’Hare International Airport 

while the FAA completes rulemaking 

associated with scheduled arrivals at the 

airport. 

DATES: This final rule is effective on 

October 28, 2005, and SFAR No. 105 

published at 70 FR 39610 (July 8, 2005), 

as amended in this rule, shall remain in 

effect until March 31, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Gerry Shakley, System Operations 

Services, Air Traffic Organization; 

Telephone: (202) 267–9424; E-mail: 

gerry.shakley@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) Web page 

(http://dms.dot.gov/search); 

(2) Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the amendment number or 

docket number of this rulemaking. 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

Therefore, any small entity that has a 

question regarding this document may 

contact their local FAA official, or the 

person listed under FOR FURTHER

INFORMATION CONTACT. You can find out 

66254 Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Rules and Regulations 

1 49 U.S.C. 40103(a). 

2 49 U.S.C. 40103(b)(1). 

3Operating Limitations at Chicago International 

Airport. Docket No. FAA–2004–16944. 

4See 70 FR 59798; October 13, 2005. 

5The limits on unscheduled arrivals do not apply 

on Saturdays. 

more about SBREFA on the Internet at 

our site, http://www.faa.gov/ 

regulations_policies/rulemaking/ 

sbre_act/. 

Authority for This Rulemaking 

The U.S. Government has exclusive 

sovereignty over the airspace of the 

United States.1 Under this broad 

authority, Congress has delegated to the 

Administrator extensive and plenary 

authority to ensure the safety of aircraft 

and the efficient use of the Nation’s 

navigable airspace. In this regard, the 

Administrator is required to assign by 

regulation or order use of the airspace 

to ensure its efficient use.2

The FAA’s broad statutory authority 

to manage the efficient use of airspace 

encompasses management of the 

nationwide system of air commerce and 

air traffic control. To ensure the efficient 

use of the airspace, the FAA must take 

steps to prevent congestion at an airport 

from disrupting or adversely affecting 

the air traffic system for which the FAA 

is responsible. Inordinate delays of the 

sort experienced at O’Hare in late 2003 

and much of 2004 can have a crippling 

effect on other parts of the system, 

causing significant losses in time and 

money for individuals and businesses, 

as well as the air carriers and other 

operators at O’Hare and beyond. This 

rule facilitates the Agency’s exercise of 

its authority to manage the safe and 

efficient use of the navigable airspace. 

Background 

Since November 2003, O’Hare has 

suffered an inordinate and unacceptable 

number of delays as the result of overscheduling at the airport, which was 

also having a crippling effect on the 

entire National Airspace System. In 

August 2004, the FAA intervened by 

ordering a limit on the number of 

scheduled arrivals at the airport during 

the peak operating hours of 7 a.m. 

through 8:59 p.m., Central Time, 

effective November 1, 2004, so that the 

system could return to a reasonably 

balanced level of operations and delay.3

On October 20, 2004, we published a 

notice of proposed rulemaking (NPRM) 

seeking public comments on a proposed 

reservation system for unscheduled 

arrivals at O’Hare (69 FR 61708). While 

this rulemaking was pending, we 

implemented a corresponding voluntary 

reservation program for unscheduled 

arrivals using the general procedures 

followed during Special Traffic 

Management Programs and the High 

Density Rule, effective November 1, 

2004. 

On July 8, 2005, the FAA published 

SFAR No. 105, ‘‘Reservation System for 

Unscheduled Arrivals at Chicago’s 

O’Hare International Airport’’ (70 FR 

39610). As we stated in SFAR No. 105, 

the benefits achieved by the FAA’s 

August 18 Order would dissipate if 

certain operations at the airport 

remained capped but other operations 

were permitted to grow. SFAR No. 105 

maintained the historical level of 

unscheduled operations at O’Hare and 

supported other agency actions at 

O’Hare that address congestion and 

delay until additional capacity exists at 

the airport. 

In SFAR No. 105, we discussed that 

it may be necessary to extend this rule 

limiting unscheduled arrivals at O’Hare 

to coincide with a final rule addressing 

scheduled arrivals, if adopted, or with 

an extension of the August 2004 Order. 

The NPRM addressing scheduled 

arrivals at O’Hare was published on 

March 25, 2005 (70 FR 15520), and the 

agency is currently evaluating the 

comments. The FAA recently extended 

the August 2004 Order through April 1, 

2006.4 We conclude that it is necessary 

to extend SFAR 105 through March 31, 

2006,5 to maintain the current operating 

environment at the airport. 

The 5-month extension is necessary to 

conclude any rulemaking addressing 

limits on scheduled arrivals and 

consider the effect that rulemaking will 

have, if any, on SFAR No. 105. We are 

not seeking public comment on this 5- 

month extension, as the extension is but 

for a limited duration and provides an 

interim measure pending adoption of a 

comprehensive regulation that 

addresses scheduled operations at the 

airport. If this SFAR needs to be 

extended beyond the date adopted here, 

the Agency will proceed with notice 

and comment procedures. 

Therefore, we find that notice and 

comment procedures under 5 U.S.C. 

section 553(b) are impracticable and 

contrary to the public interest. We 

further find that good cause exists to 

make this rule effective in less than 30 

days. 

International Compatibility 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

comply with International Civil 

Aviation Organization (ICAO) Standards 

and Recommended Practices to the 

maximum extent practicable. The FAA 

determined that there are no ICAO 

Standards and Recommended Practices 

that correspond to these proposed 

regulations. 

Paperwork Reduction Act 

Information collection requirements 

associated with this final rule have been 

approved previously by the Office of 

Management and Budget (OMB) under 

the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)), and have been assigned OMB 

Control Number 2120–0694. 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)), the FAA submitted a copy of 

the new information collection 

requirements(s) in this final rule to the 

Office of Management and Budget 

(OMB) for its review. OMB approved the 

collection of this information and 

assigned OMB Control Number 2120–

0694. 

This final rule establishes a 

reservation system to limit the number 

of unscheduled aircraft arrivals at 

Chicago’s O’Hare International Airport 

(O’Hare) during the peak hours of 7 a.m. 

through 8:59 p.m., Central Time, 

Monday through Friday, and 12 p.m. 

through 8:59 p.m. Central Time on 

Sunday. We received no comments from 

the public that specifically discussed 

information collection. 

An agency may not collect or sponsor 

the collection of information, nor may it 

impose an information collection 

requirement, unless it displays a 

currently valid OMB control number. 

Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 directs that 

each Federal agency shall propose or 

adopt a regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 requires agencies to analyze the 

economic impact of regulatory changes 

on small entities. Third, the Trade 

Agreements Act (19 U.S.C. 2531–2533) 

prohibits agencies from setting 

standards that create unnecessary 

obstacles to the foreign commerce of the 

United States. In developing U.S. 

standards, this Trade Act requires 

agencies to consider international 

standards and, where appropriate, to be 

the basis of U.S. standards. Fourth, the 

Unfunded Mandate Reform Act of 1995 

(Pub. L. 104–4) requires agencies to 

prepare a written assessment of the 

costs, benefits, and other effects of 

proposed or final rules that include a 

Federal mandate likely to result in the 

Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Rules and Regulations 66255 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

annually (adjusted for inflation). This 

portion of the preamble summarizes the 

FAA’s analysis of the economic impact 

of this SFAR extension. 

The Department of Transportation 

Order DOT 2100.5 prescribes policies 

and procedures for simplification, 

analysis, and review of regulations. If 

the expected cost impact is so minimal 

that a rule does not warrant a full 

evaluation, this order permits a 

statement to that effect. The basis for the 

minimal impact must be included in the 

preamble, if a full regulatory evaluation 

of the cost and benefits is not prepared. 

Such a determination has been made for 

this rule. The reasoning for that 

determination follows: 

In the preamble of SFAR No. 105, the 

FAA stated that we might consider 

extending SFAR 105 for a time period 

that would coincide with a final rule 

limiting scheduled operations. Because 

the Agency has not adopted a final rule 

limiting scheduled operations, the FAA 

is extending this SFAR through March 

31, 2006. In the final economic 

assessment of SFAR No. 105, the FAA 

found that the rule provided system 

delay benefits at a minimal cost. The 

FAA finds that this extension is cost 

beneficial and will continue to provide 

system delay benefits at minimal cost. 

Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(RFA) establishes ‘‘as a principle of 

regulatory issuance that agencies shall 

endeavor, consistent with the objective 

of the rule and of applicable statutes, to 

fit regulatory and informational 

requirements to the scale of the 

business, organizations, and 

governmental jurisdictions subject to 

regulation.’’ To achieve that principle, 

the RFA requires agencies consider 

flexible regulatory proposals, to explain 

the rationale for their actions, and to 

solicit comments. The RFA covers a 

wide-range of small entities, including 

small businesses, not-for-profit 

organizations and small governmental 

jurisdictions. 

Agencies must perform a review to 

determine whether a proposed or final 

rule will have a significant economic 

impact on a substantial number of small 

entities. If the agency determines that it 

will, the agency must prepare a 

regulatory flexibility analysis as 

described in the RFA. 

However, if an agency determines that 

a proposed or final rule is not expected 

to have a significant economic impact 

on a substantial number of small 

entities, section 605(b) of the RFA 

provides that the head of the agency 

may so certify and a regulatory 

flexibility analysis is not required. The 

certification must include a statement 

providing the factual basis for this 

determination, and the reasoning should 

be clear. 

This final rule extends the expiration 

date of SFAR No. 105, which provides 

for fewer airport delays at a minimum 

cost. Just as in the initial and final 

regulatory flexibility analyses, the FAA 

expects there will be a substantial 

number of small entities affected by the 

extension of this final SFAR, however, 

the economic effect will continue to be 

insignificant. Therefore, as the FAA 

Administrator, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. 

Trade Impact Assessment 

The Trade Agreements Act of 1979 

prohibits Federal agencies from 

engaging in any standards or related 

activities that create unnecessary 

obstacles to the foreign commerce of the 

United States. Legitimate domestic 

objectives, such as safety, are not 

considered unnecessary obstacles. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. 

The FAA has assessed the potential 

effect of the extension of this final rule 

and determined that it will not have an 

effect on foreign commerce. 

Unfunded Mandate Reform Act 

The Unfunded Mandate Reform Act of 

1995 (the Act), enacted as Pub. L. 104–

4 on March 22, 1995, is intended, 

among other things, to curb the practice 

of imposing unfunded Federal mandates 

on State, local, and tribal governments. 

Title II of the Act requires each Federal 

agency to prepare a written statement 

assessing the effects of any Federal 

mandate in a proposed or final agency 

rule that may result in a $100 million or 

more expenditure (adjusted annually for 

inflation) in any one year by State, local, 

and tribal governments, in the aggregate, 

or by the private sector; such a mandate 

is deemed to be a ‘‘significant regulatory 

action.’’ The FAA currently uses an 

inflation-adjusted value of $120.7 

million in lieu of $100 million. 

This final rule does not contain such 

a mandate. Therefore, the requirements 

of Title II of the Unfunded Mandate 

Reform Act of 1995 do not apply. 

Executive Order 13132, Federalism 

The FAA has analyzed this final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. We 

determined that this action will not 

have a substantial direct effect on the 

States, or the relationship between the 

national Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, we 

have determined that this final rule does 

not have federalism implications. 

Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this proposed 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312f, and involves no 

extraordinary circumstances. 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use 

The FAA has analyzed this final rule 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

18, 2001). We have determined that it is 

not a ‘‘significant energy action’’ under 

the executive order because it is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, and it is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

List of Subjects in 14 CFR Part 93 

Air traffic control, Airports, Alaska, 

Navigation (air), Reporting and 

recordkeeping requirements. 

The Amendment 

■ For the reasons set forth above, the 

Federal Aviation Administration is 

amending chapter I of title 14 Code of 

Federal Regulations as follows: 

PART 93—SPECIAL AIR TRAFFIC 

RULES AND AIRPORT TRAFFIC 

■ 1. The authority citation for part 93 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40106, 

40109, 40113, 44502, 44514, 44701, 44719, 

46301. 

■ 2. Section 9 of Special Federal 

Aviation Regulation (SFAR) No. 105 is 

revised to read as follows: 

Special Federal Aviation Regulation 

No. 105—Operating Limitations for 

Unscheduled Operations at Chicago’s 

O’Hare International Airport 

* * * * * 

66256 Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Rules and Regulations 

Section 9. Expiration. This Special 

Federal Aviation Regulation expires at 9 

p.m., Central Time, on March 31, 2006, 

unless sooner terminated. 

Issued in Washington, DC, on October 27, 

2005. 

Marion C. Blakey, 

Administrator. 

[FR Doc. 05–21786 Filed 10–27–05; 4:47 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30463; Amdt. No. 3139] 

Standard Instrument Approach 

Procedures; Miscellaneous 

Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This amendment amends 

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: This rule is effective November 

2, 2005. The compliance date for each 

SIAP 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 November 

2, 2005. 

ADDRESSES: Availability of matter 

incorporated by reference in the 

amendment is as follows: 

For Examination—

1. FAA Rules Docket, FAA 

Headquarters Building, 800 

Independence Ave., SW., Washington, 

DC 20591; 

2. The FAA Regional Office of the 

region in which affected airport is 

located; or 

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. 

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 (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 

amendment to Title 14, Code of Federal 

Regulations, Part 97 (14 CFR part 97) 

amends Standard Instrument Approach 

Procedures (SIAPs). The complete 

regulatory description of each SIAP is 

contained in the appropriate FAA Form 

8260, as modifiedby the the National 

Flight Data Center (FDC)/Permanent 

Notice to Airmen (P–NOTAM), which is 

incorporated by reference in the 

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

CFR part 51, and § 97.20 of the Code of 

Federal Regulations. 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 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. The 

provisions of this amendment state the 

affected CFR 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 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 chart 

changes to SIAPs, 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 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. 

Further, the SIAPs contained in this 

amendment are based on the criteria 

contained in 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, 

Incorporation by reference, and 

Navigation (Air).