Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations 72703 

state and local interests. In adherence to 

fundamental federalism principles, 

NCUA, an independent regulatory 

agency as defined in 44 U.S.C. 3502(5), 

voluntarily complies with the executive 

order. It will not have substantial direct 

effects on the states, on the relationship 

between the national government and 

the states, or on the distribution of 

power and responsibilities among the 

various levels of government. NCUA has 

determined that this final rule does not 

constitute a policy that has federalism 

implications for purposes of the 

executive order. 

The Treasury and General Government 

Appropriations Act, 1999—Assessment 

of Federal Regulations and Policies on 

Families 

The NCUA has determined that this 

final rule will not affect family wellbeing within the meaning of section 654 

of the Treasury and General 

Government Appropriations Act, 1999, 

Public Law 105–277, 112 Stat. 2681 

(1998). 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 (Pub. 

L. 104–121) provides generally for 

congressional review of agency rules. A 

reporting requirement is triggered in 

instances where NCUA issues a final 

rule as defined by Section 551 of the 

Administrative Procedure Act. 5 U.S.C. 

551. The Office of Management and 

Budget has determined that this rule is 

not a major rule for purposes of the 

Small Business Regulatory Enforcement 

Fairness Act of 1996. 

List of Subjects in 12 CFR Part 796 

Conflicts of interest, Credit unions, 

Ethical conduct, Government 

employees. 

By the National Credit Union 

Administration Board on November 29, 2005. 

Mary F. Rupp, 

Secretary of the Board. 

■ Accordingly, NCUA proposes to add a 

new 12 CFR part 796 as follows: 

PART 796—POST–EMPLOYMENT 

RESTRICTIONS FOR CERTAIN NCUA 

EXAMINERS 

Sec. 

796.1 What is the purpose and scope of this 

part? 

796.2 Who is considered a senior examiner 

of the NCUA? 

796.3 What special post-employment 

restrictions apply to senior examiners? 

796.4 When do these special restrictions 

become effective and may they be 

waived? 

796.5 What are the penalties for violating 

these special post-employment 

restrictions? 

796.6 What other definitions and rules of 

construction apply for purposes of this 

part? 

Authority: 12 U.S.C. 1786(w). 

§ 796.1 What is the purpose and scope of 

this part? 

This part identifies those National 

Credit Union Administration (NCUA) 

employees who are subject to the 

special, post-employment restrictions in 

section 1786(w) of the Act and 

implements those restrictions as they 

apply to NCUA employees. 

§ 796.2 Who is considered a senior 

examiner of the NCUA? 

For purposes of this part, an NCUA 

employee is considered to be the 

‘‘senior examiner’’ for a federally 

insured credit union if the employee—

(a) Has been authorized by NCUA to 

conduct examinations or inspections of 

federally insured credit unions on 

behalf of NCUA; 

(b) Has continuing, broad, and lead 

responsibility for examining or 

inspecting that federally insured credit 

union; 

(c) Routinely interacts with officers or 

employees of that federally insured 

credit union; and 

(d) Devotes a substantial portion of 

his or her time to supervising or 

examining that federally insured credit 

union. 

§ 796.3 What special post-employment 

restrictions apply to senior examiners? 

(a) Senior examiners of federally 

insured credit unions. An officer or 

employee of the NCUA who performs 

work (onsite or offsite) as the senior 

examiner of a federally insured credit 

union for a total of two or more months 

during the last 12 months of 

individual’s employment with NCUA 

may not, within one year after leaving 

NCUA employment, knowingly accept 

compensation as an employee, officer, 

director, or consultant from that credit 

union. 

(b) Example. An NCUA resident 

corporate credit union examiner 

assigned to work at a federally insured, 

corporate credit union for two or more 

months during the last 12 months of 

that individual’s employment with 

NCUA will be subject to the one-year 

prohibition of this section. 

§ 796.4 When do these special restrictions 

become effective and may they be waived? 

The post-employment restrictions in 

section 1786(w) of the Act and § 796.3 

do not apply to any current or former 

NCUA employee, if: 

(a) The individual ceased to be an 

NCUA employee on or before December 

17, 2005; or 

(b) The Chairman of the NCUA Board 

certifies in writing and on a case-by-case 

basis that granting the senior examiner 

a waiver of the restrictions would not 

affect the integrity of the NCUA’s 

supervisory program. 

§ 796.5 What are the penalties for violating 

these special post-employment 

restrictions? 

(a) Penalties under section 1786(w)(5) 

of the Act. An NCUA senior examiner 

who violates the post-employment 

restrictions set forth in § 796.3 can be: 

(1) Removed from participating in the 

affairs of the relevant credit union and 

prohibited from participating in the 

affairs of any federally insured credit 

union for a period of up to five years; 

and, alternatively, or in addition, 

(2) Assessed a civil monetary penalty 

of not more than $250,000. 

(b) Other penalties. The penalties in 

paragraph (a) of this section are not 

exclusive, and a senior examiner who 

violates the restrictions in § 796.3 also 

may be subject to other administrative, 

civil, and criminal remedies and 

penalties as provided in law. 

§ 796.6 What other definitions and rules of 

construction apply for purposes of this 

part? 

For purposes of this part, a person 

shall be deemed to act as a ‘‘consultant’’

for a federally insured credit union or 

other company only if the person works 

directly on matters for, or on behalf of, 

such credit union. 

[FR Doc. 05–23710 Filed 12–6–05; 8:45 am] 

BILLING CODE 7535–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30466; Amdt. No. 3142] 

Standard Instrument Approach 

Procedures, Weather Takeoff 

Minimums; Miscellaneous 

Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This amendment establishes, 

amends, suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and/or Weather Takeoff 

Minimums for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

72704 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations 

or revised criteria, or 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 December 7, 

2005. The compliance date for each 

SIAP and/or Weather Takeoff 

Minimums 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 December 

7, 2005. 

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. 

For Purchase—Individual SIAP and 

Weather Takeoff Minimums 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 

and Weather Takeoff Minimums 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 of the Code of 

Federal Regulations, Part 97 (14 CFR 

part 97), establishes, amends, suspends, 

or revokes SIAPs and/or Weather 

Takeoff Minimums. The complete 

regulatory description of each SIAP 

and/or Weather Takeoff Minimums is 

contained in official 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 identified as FAA Forms 

8260–3, 8260–4, 8260–5 and 8260–15A. 

Materials incorporated by reference are 

available for examination or purchase as 

stated above. 

The large number of SIAPs and/or 

Weather Takeoff Minimums, 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 and/or Weather Takeoff 

Minimums but refer to their 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 and/ 

or Weather Takeoff Minimums 

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 and/or Weather 

Takeoff Minimums. 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 and/or Weather Takeoff 

Minimums as contained in the 

transmittal. Some SIAP and/or Weather 

Takeoff Minimums amendments may 

have been previously issued 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/or 

Weather Takeoff Minimums 

amendments may require making them 

effective in less than 30 days. For the 

remaining SIAPs and/or Weather 

Takeoff Minimums, an effective date at 

least 30 days after publication is 

provided. 

Further, the SIAPs and/or Weather 

Takeoff Minimums 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/or Weather Takeoff Minimums, 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/or Weather Takeoff 

Minimums and safety in air commerce, 

I find that notice and public procedure 

before adopting these SIAPs and/or 

Weather Takeoff Minimums are 

impracticable and contrary to the public 

interest and, where applicable, that 

good cause exists for making some 

SIAPs and/or Weather Takeoff 

Minimums 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 November 18, 

2005. 

James J. Ballough, 

Director, Flight Standards Service. 

Adoption of the Amendment 

■ Accordingly, pursuant to the authority 

delegated to me, under 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 Weather Takeoff 

Minimums 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(g), 40103, 40106, 

40113, 40114, 40120, 44502, 44514, 44701, 

44719, 44721–44722. 

Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations 72705 

■ 2. Part 97 is amended to read as 

follows: 

* * * Effective December 22, 2005 

Mountain View, CA, Moffett Federal Afld, 

TACAN RWY 32R, Orig 

Mountain View, CA, Moffett Federal Afld, 

TACAN RWY 32L, Orig 

Mountain View, CA, Moffett Federal Afld, 

LOC/DME RWY 14L, Orig 

Mountain View, CA, Moffett Federal Afld, 

ILS OR LOC/DME RWY 32R, Orig 

Mountain View, CA, Moffett Federal Afld, 

Takeoff Minimums and Textual DP, Orig 

Colorado Springs, CO, Colorado Springs 

Muni, RNAV (GPS) RWY 35R, Amdt 1 

Blakely, GA, Early County, LOC/NDB RWY 

23, Orig 

Cartersville, GA, Cartersville, RNAV (GPS) 

RWY 1, Orig 

Cartersville, GA, Cartersville, RNAV (GPS) 

RWY 19, Orig 

Cartersville, GA, Cartersville, LOC RWY 19, 

Amdt 3 

Cartersville, GA, Cartersville, NDB RWY 19, 

Amdt 4 

Cartersville, GA, Cartersville, VOR/DME–A, 

Amdt 2 

Peru, IL, Illinois Valley Rgnl—Walter A. 

Duncan Field, NDB OR GPS RWY 18, 

Amdt 3, CANCELLED 

Covington, KY, Cincinnati Northern 

Kentucky International, NDB RWY 9, Amdt 

15, CANCELLED 

Lafayette, LA, Lafayette Regional, ILS OR 

LOC/DME RWY 4R, Orig 

Marksville, LA, Marksville Municipal, RNAV 

(GPS) RWY 4, Orig-A 

Hyannis, MA, Barnstable Muni-Boardman/ 

Polando Field, ILS OR LOC RWY 15, Amdt 

3 

Mosby, MO, Clay County Regional, NDB 

RWY 18, Amdt 2 

Mosby, MO, Clay County Regional, RNAV 

(GPS) RWY 18, Orig 

Mosby, MO, Clay County Regional, GPS RWY 

18, Orig-D, CANCELLED 

Mosby, MO, Clay County Regional, RNAV 

(GPS) RWY 36, Amdt 1 

Mosby, MO, Clay County Regional, Takeoff 

Minimums and Textual DP, Orig 

Concord, NC, Concord Regional, ILS OR LOC 

RWY 20, Amdt 2 

Wadesboro, NC, Anson County, RNAV (GPS) 

RWY 16, Orig 

Wadesboro, NC, Anson County, RNAV (GPS) 

RWY 34, Orig 

Wadesboro, NC, Anson County, NDB RWY 

17, Amdt 2, CANCELLED 

Wadesboro, NC, Anson County, GPS RWY 

17, Orig, CANCELLED 

Wadesboro, NC, Anson County, GPS RWY 

35, Orig, CANCELLED 

Wadesboro, NC, Anson County, Takeoff 

Minimums and Textual DP, Amdt 1 

McCook, NE, McCook Regional, LOC/DME 

RWY 12, Orig 

McCook, NE, McCook Regional, VOR RWY 

30, Amdt 11 

Norfolk, NE, Karl Stefan Memorial, RNAV 

(GPS) RWY 19, Amdt 1A 

Manchester, NH, Manchester, ILS OR LOC 

RWY 35; ILS RWY 35 (CAT II); ILS RWY 

35 (CAT III), Amdt 1 

Westhampton Beach, NY, Francis S. 

Gabreski, ILS OR LOC RWY 24, Amdt 9 

Westhampton Beach, NY, Francis S. 

Gabreski, COPTER ILS OR LOC RWY 24, 

Amdt 2 

Westhampton Beach, NY, Francis S. 

Gabreski, RNAV (GPS) RWY 24, Amdt 1 

Eugene, OR, Mahlon Sweet Field, NDB RWY 

16R, Amdt 29D, CANCELLED 

Conway, SC, Conway-Horry County, RNAV 

(GPS) RWY 22, Orig 

Conway, SC, Conway-Horry County, GPS 

RWY 22, Orig, CANCELLED 

Bristol/Johnson/Kingsport, TN, Tri-Cities 

Rgnl TN/VA, Takeoff Minimums and 

Textual DP, Amdt 6 

Union City, TN, Everett-Stewart, RNAV 

(GPS) RWY 19, Orig 

Union City, TN, Everett-Stewart, RNAV 

(GPS) RWY 1, Orig 

Union City, TN, Everett-Stewart, NDB RWY 

1, Amdt 7 

La Porte, TX, La Porte Muni, RNAV (GPS) 

RWY 30, Amdt 1 

Seattle, WA, Seattle-Tacoma Intl, ILS OR 

LOC RWY 16L, Amdt 2, ILS RWY 16L 

(CAT II) 

* * * Effective January 19, 2006 

Owensboro, KY, Owensboro-Daviess County, 

RNAV (GPS) RWY 36, Amdt 2 

* * * Effective February 16, 2006 

Middleton Island, AK, Middleton Island, 

RNAV (GPS) RWY 1, Orig 

Middleton Island, AK, Middleton Island, 

RNAV (GPS) RWY 19, Orig 

Middleton Island, AK, Middleton Island, 

VOR/DME RWY 19, Amdt 5 

Middleton Island, AK, Middleton Island, 

NDB–A, Orig–A, CANCELLED 

Middleton Island, AK, Middleton Island, 

VOR RWY 1, Amdt 2 

Chicago/Aurora, IL, Aurora Muni, RNAV 

(GPS) RWY 9, Amdt 1 

Chicago/Aurora, IL, Aurora Muni, ILS OR 

LOC RWY 9, Amdt 3 

Indianapolis, IN, Indianapolis Intl, ILS OR 

LOC RWY 14, Amdt 5 

Indianapolis, IN, Indianapolis Intl, ILS OR 

LOC RWY 5R, ILS RWY 5R (CAT II), ILS 

RWY 5R (CAT III), Amdt 4 

Indianapolis, IN, Indianapolis Intl, ILS OR 

LOC RWY 23L, Amdt 4 

Baton Rouge, LA, Baton Rouge Metropolitan 

Ryan Field, RNAV (GPS) RWY 31, Amdt 

1A 

St Paul, MN, St Paul Downtown Holman Fld, 

RNAV (GPS) RWY 14, Orig 

St Paul, MN, St Paul Downtown Holman Fld, 

RNAV (GPS) RWY 32, Orig 

St Paul, MN, St Paul Downtown Holman Fld, 

NDB RWY 31, Amdt 8 

St Paul, MN, St Paul Downtown Holman Fld, 

GPS RWY 14, Orig, CANCELLED 

Castroville, TX, Castroville Muni, RNAV 

(GPS) RWY 15, Orig–A 

Appleton, WI, Outagamie County Regional, 

RNAV (GPS) RWY 3, Amdt 1 

Appleton, WI, Outagamie County Regional, 

RNAV (GPS) RWY 21, Amdt 1 

Appleton, WI, Outagamie County Regional, 

LOC BC RWY 21, Amdt 1, CANCELLED 

Appleton, WI, Outagamie County Regional, 

VOR/DME RWY 21, Amdt 1 

The FAA published an Amendment in 

Docket No. 30464 Amdt No. 3140 to Part 97 

of the Federal Aviation Regulations (Vol. 70, 

FR. No. 219, page 69273, dated November 15, 

2005). Under section 97.33 effective for 22 

December 2005, which is hereby corrected to 

be effective for 24 November 2005: 

Portland, ME, Portland Intl Jetport, RNAV 

(GPS) RWY 11, Amdt 2 

The FAA published an Amendment in 

Docket No. 30464 Amdt No. 3140 to Part 97 

of the Federal Aviation Regulations (Vol 70, 

FR No. 219, pages 69273 and 69274, dated 

November 15, 2005). Under Section 97.29 

effective 22 December 2005, which is hereby 

corrected as follows: 

Greenwood, MS, Greenwood-LeFlore, VOR/ 

DME RNAV RWY 36, Amdt 3A, 

CANCELLED 

Greenwood, MS, Greenwood-LeFlore, VOR/ 

DME RNAV RWY 18, Amdt 6A, 

CANCELLED 

[FR Doc. 05–23645 Filed 12–6–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30467; Amdt. No. 3143] 

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 December 7, 

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 December 

7, 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;