Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and Regulations 17199

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.

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 March 24,

1995.

Thomas C. Accardi,

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

continues to read as follows:

Authority: 49 U.S.C. app. 1348, 1354(a),

1421 and 1510; 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,

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:

* * * Effective May 25, 1995

Dunnellon, FL, Dunnellon, VOR/DME RWY

23, Orig

Tampa, FL, Tampa Intl, LOC BC RWY 36R,

Amdt 19B, Cancelled

Hampton, GA, Clayton County-Tara Field,

VOR/DME–A, Orig

Iowa City, IA, Iowa City Muni, GPS RWY 30,

Orig

Oakley, KS, Oakley Muni, NDB OR GPS RWY

34, Amdt 2

Alexandria, LA, Alexandria Int’l, ILS/DME

RWY 14, Amdt 1

Cambridge, NE, Cambridge Muni, NDB OR

GPS RWY 14, Amdt 3

Cambridge, NE, Cambridge Muni, NDB OR

GPS RWY 32, Amdt 3

McCook, NE, McCook Muni, VOR OR GPS

RWY 12, Amdt 11

McCook, NE, McCook Muni, VOR OR GPS

RWY 21, Amdt 4

McCook, NE, McCook Muni, VOR OR GPS

RWY 30, Amdt 10

Buffalo, WY, Johnson County, VOR/DME OR

GPS RWY 30, Amdt 5

Note: Iowa City, IA, Iowa City Muni, GPS

RWY 30, Orig, EFF 27 APR 95, published in

TL95–06, is rescinded.

Note: Oakley, KS, Oakley Muni, NDB OR

GPS RWY 34, Amdt 2, EFF 27 APR 95,

published in TL95–06, is rescinded.

* * * Effective April 27, 1995

Connersville, IN, Mettel Field, VOR–A, Orig

Connersville, IN, Mettel Field, VOR/DME or

GPS–A, Amdt 5, Cancelled

Connersville, IN, Mettel Field, NDB RWY 18,

Amdt 9, Cancelled

Connersville, IN, Mettel Field, NDB RWY 18,

Orig

Connersville, IN, Mettel Field, ILS RWY 18,

Orig

Connersville, IN, Mettel Field, RNAV or GPS

RWY 18, Amdt 5, Cancelled

Davenport, IA, Davenport Muni, ILS RWY 15,

Orig

Davenport, IA, Davenport Muni, LOC RWY

15, Amdt 3, Cancelled

Fort Scott, KS, Fort Scott Muni, NDB OR GPS

RWY 17, Amdt 11

* * * Effective December 8, 1994

Steamboat Springs, CO, Steamboat Springs/

Bob Adams Field, VOR/DME–C, Amdt 1

* * * Effective Upon Publication

Philadelphia, PA, Philadelphia Intl, ILS RWY

9L, Amdt 2

[FR Doc. 95–8364 Filed 4–4–95; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 97

[Docket No. 28163; Amdt. No. 1657]

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; or

2. The FAA Regional Office of the

region in which the 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:

Paul J. Best, Flight Procedures

Standards Branch (AFS–420), Technical

Programs Division, Flight Standards

Service, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone (202) 267–8277.

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
17200 Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and Regulations

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 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 changes considerations,

this amendment incorporates only

specific changes contained in the

content of the following FDC/P NOTAM

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

cancelled.

The FDC/P NOTAMs for the SIAPs

contained in this amendment are based

on the criteria contained in the U.S.

Standard for Terminal Instrument

Approach 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 unnecessary, 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 March 24,

1995.

Thomas C. Accardi,

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

continues to read as follows:

Authority: 49 U.S.C. app. 1348, 1354(a),

1421 and 1510; 49 U.S.C. 106(g); and 14 CFR

11.49(b)(2).

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

and 97.35 [Amended]

2. Part 97 is amended to read as

follows:

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:

* * * Effective upon publication—

FDC date State City Airport FDC No. SIAP

03/08/95 NC .............. Hickory ....................................... Hickory Regional ........................ FDC 5/1075 ILS Rwy 24 Amdt 6. This

corrects Notam in TL 95–

07.

03/09/95 MO ............. Perryville .................................... Perryville Muni ........................... FDC 5/1110 VOR/DME RNAV Rwy 19,

Amdt 2.

03/13/95 NM ............. Santa Fe .................................... Santa Fe County Muni ............... FDC 5/1152 ILS Rwy 2 Amdt 4.

03/20/95 AK .............. Nome ......................................... Nome ......................................... FDC 5/1230 NDB/DME OR GPS–1, Rwy

2, Orig B.

Nome

Nome

Alaska

NDB/DME OR GPS–1, RWY 2, ORIG B.

FDC Date: 03/20/95

FDC 5/1230/OME/ FI/P NOME, NOME,

AK. NDB/DME OR GPS–1, RWY 2, ORIG B

. . . MNM ALT BAIME TO OYN NDB/DME

5400 FEET. GAITS TO OYN NDB/DME 4000

FEET, OME VORTAC TO OYN NDB/DME

3200 FEET, FDV NDB TO OYN NDB/DME

3200 FEET, AND OYN NDB/DME TO OYN

212 BRG/5 DME 2900 FEET. THIS IS NDB/

DME OR GPS–1, RWY 2, ORIG C.

Perryville

Perryville Muni

Missouri

VOR/DME RNAV RWY 19, AMDT 2.

FDC Date: 03/09/95

FDC 5/1110/K02/ FI/P PERRYVILLE

MUNI, PERRYVILLE, MO. VOR/DME RNAV

RWY 19, AMDT 2 . . . CHANGE ALL
Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules and Regulations 17201

REFERENCE TO RWY 01/19 TO RWY 02/20.

THIS BECOMES VOR/DME RNAV RWY 20,

AMDT 2A.

Hickory

Hickory Regional

North Carolina

ILS RWY 24 AMDT 6.

FDC Date: 03/08/95

THIS CORRECTS NOTAM IN TL 95–07.

FDC 5/1075/HKY/ FI/P HICKORY

REGIONAL, HICKORY, NC, ILS RWY 24

AMDT 6 . . . ADD NOTE . . . OBTAIN LCL

ALSTG ON CTAF; WHEN NOT RECEIVED,

USE WILKES COUNTY ALSTG AND

INCREASE ALL DH/MDAS 300 FEET AND

ALL VIS 1 MILE. THIS BECOMES ILS RWY

24 AMDT 6A.

Santa Fe

Santa Fe County Muni

New Mexico

ILS RWY 2 AMDT 4.

FDC Date: 03/13/95

FDC 5/1152/SAF/ FI/P SANTA FE

COUNTY MUNI, SANTA FE, NM. ILS RWY

2 AMDT 4 . . . CHG NOTE TO READ . . .

ADF REQUIRED.

[FR Doc. 95–8363 Filed 4–4–95; 8:45 am]

BILLING CODE 4910–13–M

SECURITIES AND EXCHANGE

COMMISSION

17 CFR Part 200

[Release No. 34–35548]

Establishment of Commission Quorum

Requirement

AGENCY: Securities and Exchange

Commission.

ACTION: Final rule.

SUMMARY: The Securities and Exchange

Commission (‘‘Commission’’) is

amending its rules to specify the

number of Commission members that

constitute a quorum. The amendments

are designed to promote flexibility,

finality, and collegiality of agency

decisionmaking.

EFFECTIVE DATE: May 5, 1995.

FOR FURTHER INFORMATION CONTACT:

Walter B. Stahr, Assistant General

Counsel, or C. Hunter Jones, Special

Counsel, Office of the General Counsel,

at (202) 942–0888.

SUPPLEMENTARY INFORMATION: The

Commission is modifying 17 CFR

200.40–200.42 to provide that three

members constitute a quorum of the

Commission, with two important

exceptions. First, if the number of

members in office is two or one, that

number is sufficient for a quorum.

Second, if the number of members in

office minus the number disqualified

with respect to a matter is two, two

constitute a quorum for purposes of that

matter.

The Securities Exchange Act of 1934

(‘‘Exchange Act’’), unlike many statutes

that establish federal agencies, does not

establish a quorum requirement for the

Commission. In the past, the practice of

the Commission has generally been that

three members constitute a quorum. See

In re International Paper & Power Co.,

2 SEC 792, 793 n.1 (1937), rev’d on

other grounds sub nom. Lawless v. SEC,

105 F.2d 574 (1st Cir. 1939). This

practice, however, has never been

formally adopted as a policy or rule.

The Commission, which currently has

only three members, has reconsidered

its quorum practice. It has decided to

adopt a general rule, with the

exceptions discussed below, that three

commissioners are required for a

quorum. Although this rule may create

difficulties when only three

commissioners are in office, these

difficulties are outweighed by the

benefits of having all three

commissioners deliberate and vote on

matters.

Situations arise, however, in which

only two members are able to

participate in a matter. When three

members are in office, for example, one

member may recuse himself or herself

from considering a matter. See 17 CFR

200.60. Similarly, it is possible that, at

some point, there would be only two

commissioners in office. In the past, the

Commission has resorted to the duty

officer procedure to deal with urgent

matters as to which only two

commissioners are available. See 17

CFR 200.42. The duty officer procedure,

however, because it is a form of

delegation, is not available for

rulemaking. See Exchange Act Section

4A(a). Moreover, although a duty

officer’s action is Commission action

unless and until the Commission directs

otherwise, see 17 CFR 200.42(c)(3), the

Commission cannot affirm the duty

officer’s action when only one other

Commission member is available to

consider the matter. Finally, and

perhaps most importantly, it is more

consistent with the collegial nature of

the Commission to allow the two

qualified members to address such

matters as a Commission.

The Commission also believes that it

would be appropriate to preserve the

flexibility necessary to take effective

action in the event, however unlikely,

that there would be a period with only

one commissioner in office. To provide

adequate flexibility in this unlikely

situation, the Commission is providing

that one commissioner would constitute

a quorum if no other commissioners are

in office. The Commission does not

believe it is necessary, at this time, to

provide that one commissioner may

constitute a quorum when

disqualifications result in only one

commissioner being available to deal

with a particular matter.

Accordingly, the Commission is

adopting a new rule, at 17 CFR 200.41,

providing that three members constitute

a quorum unless only two members or

one member are in office, or unless,

because of disqualifications, only two

members are available to deal with a

particular matter. The Commission is

also amending 17 CFR 200.40 to clarify

that it applies only to meetings that are

subject to the Government in the

Sunshine Act.

The Commission has determined that

these amendments and additions to its

procedural rules relate solely to the

agency’s organization, procedure or

practice. Therefore, the provisions of the

Administrative Procedure Act (‘‘APA’’)

regarding notice and comment are not

applicable. See 5 U.S.C. 553. Similarly,

the provisions of the Regulatory

Flexibility Act, which apply only when

notice and comment are required by the

APA or other laws, are not applicable.

See 5 U.S.C. 601–612.

Effects on Competition

Section 23(a)(2) of the Exchange Act

requires the Commission, in adopting

rules under the Exchange Act, to

consider the anti-competitive effects of

such rules, if any, and to balance any

impact against the regulatory benefits

gained in furthering the purposes of the

Exchange Act. See 15 U.S.C. 78w(a)(2).

The Commission has considered the

changes adopted in this release in light

of the standards cited in section 23(a)(2)

and believes that their adoption would

not impose any burden on competition

not necessary or appropriate in

furtherance of the Exchange Act.

Statutory Basis of Rule

The amendments to the Commission’s

rules are adopted pursuant to the

authorities set forth therein.

List of Subjects in 17 CFR Part 200

Administrative practice and

procedure, Authority delegations

(Government agencies).

Text of Amendments

For the reasons set out in the

preamble, title 17, chapter II, part 200 of

the Code of Federal Regulations is

amended as follows: