19162 Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Rules and Regulations

Sac City, IA, Sac City Muni, NDB or GPS

RWY 36, Amdt 3

Coeur D’Alene ID, Coeur D’Alene Air

Terminal, ILS RWY 5, Amdt 4

Eureka, KS, Eureka Muni, VOR/DME or GPS

RWY 18, Amdt 2

Frankfort, KY, Capital City, VOR RWY 6,

Amdt 1, CANCELLED

Frankfort, KY, Capital City, VOR or GPS

RWY 24, Amdt 2

Frankfort, KY, Capital City, LOC/DME RWY

24, Orig

Frankfort, KY, Capital City, RADAR–1, Orig,

CANCELLED

Murray, KY, Kyle-Oakley Field, NDB RWY

23, Orig

Murray, KY, Kyle-Oakley Field, NDB or GPS

RWY 23, Amdt 6, CANCELLED

Murray, KY, Kyle-Oakley Field, LOC Rwy 23,

Orig

Ocean City, NJ, Ocean City Muni, VOR–A,

Orig

Hatteras, NC, Billy Mitchell, NDB or GPS

RWY 6, Amdt 6, CANCELLED

Covington/Cincinnati, OH/KY, Cincinnati/

Northern Kentucky Intl, NDB RWY 9,

Amdt 13

Covington/Cincinnati, OH/KY, Cincinnati/

Northern Kentucky Intl, ILS RWY 9, Amdt

15

* * * Effective April 27, 1995

Little Rock, AR, Adams Field, ILS RWY 4R,

Orig

Latrobe, PA, Westmoreland County, ILS RWY

23, Amdt 14

* * * Effective Upon Publication

New York, NY, La Guardia, Copter ILS RWY

24, Amdt 1

New York, NY, La Guardia, Copter ILS/DME

RWY 22, Amdt 1

Waco, TX, Waco Regional, Radar-1, Amdt 3.

[FR Doc. 95–9400 Filed 4–14–95; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 97

[Docket No. 28182; Amdt. No. 1659]

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,

US 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

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 change 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
Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Rules and Regulations 19163

‘‘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 April 7, 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

and 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 Upon Publication

FDC date State City Airport FDC No. SIAP

03/09/95 ....... MO Perryville ....................... Perryville Muni ................................. FDC 5/1332 VOR/DME RNAV or GPS RWY

19, AMDT 2...

03/23/95 ....... TX Lago Vista .................... Rusty Allen ...................................... FDC 5/1281 VOR/DME or GPS–A AMDT 2...

03/24/95 ....... WY Gillette .......................... Gillette-Campbell County ................. FDC 5/1282 ILS RWY 34, AMDT 2...

03/24/95 ....... WY Gillette .......................... Gillette-Campbell County ................. FDC 5/1283 NDB RWY 34, ORIG...

03/24/95 ....... WY Gillette .......................... Gillette-Campbell County ................. FDC 5/1285 VOR or GPS RWY 16, AMDT 6...

03/30/95 ....... CA San Francisco .............. San Francisco Intl ............................ FDC 5/1390 BAY ILS/DME RWY 28L AMDT

1...

03/30/95 ....... FL Fort Lauderdale ............ Fort Lauderdale Executive .............. FDC 5/1349 VOR/DME RNAV or GPS RWY

8, AMDT 3...

03/30/95 ....... KS Meade .......................... Meade Municipal ............................. FDC 5/1389 NDB RWY 17, AMDT 1...

03/30/95 ....... MN Hawley .......................... Hawley Muni .................................... FDC 5/1382 VOR/DME or GPS–A ORIG...

03/30/95 ....... NM Deming ......................... Deming Muni ................................... FDC 5/1386 VOR or GPS RWY 26 AMDT

8A...

03/30/95 ....... NM Truth or Consequences

Muni.

Truth or Consequences ................... FDC 5/1385 VOR or GPS–A AMDT 9...

03/30/95 ....... WY Gillette .......................... Gillette-Campbell County ................. FDC 5/1388 VOR/DME or GPS RWY 34,

ORIG...

[FR Doc. 95–9401 Filed 4–14–95; 8:45 am]

BILLING CODE 4910–13–M

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

RIN 0960–AD79

Federal Old-Age, Survivors and

Disability Insurance; Changes in

Evidence Required To Presume a

Person Is Dead

AGENCY: Social Security Administration.

ACTION: Final rules.

SUMMARY: These regulations provide

that, under title II of the Social Security

Act (the Act), a presumption of death

arises when the claimant establishes

that an individual has been absent from

his or her residence and not heard from

for 7 years. Once the presumption is

made, the burden then shifts to us to

rebut the presumption either by

presenting evidence that the missing

individual is still alive or by providing

an explanation to account for the

individual’s absence in a manner

consistent with continued life rather

than death.

EFFECTIVE DATE: These rules are effective

April 17, 1995.

FOR FURTHER INFORMATION CONTACT:

Henry D. Lerner, Legal Assistant,

Division of Regulations and Rulings,

Social Security Administration, 640l

Security Boulevard, Baltimore, MD

21235, (410) 965–1762.

SUPPLEMENTARY INFORMATION: Under

title II of the Act, a lump sum death

payment and monthly survivors’

benefits may be payable based on the

earnings of a deceased insured person.

In order to ensure that these benefits are

not paid based on mere desertion, any

inquiry into entitlement begins with an

assumption that a person last known to

be alive is still living, and that a

person’s failure to communicate with a

few people and to return to a particular

place do not, in themselves, give rise to

a presumption of death. To establish

eligibility for such benefits, the claimant

must establish that the insured person is

dead. If proof of death (as described in

§§ 404.720(b) and (c)) is unavailable, we

will presume an insured person is dead

if certain evidence is presented. Under

the present § 404.721(b), such evidence

includes signed statements by those in

a position to know and other records

which show that the person has been

absent from his or her residence for no

apparent reason, and has not been

heard from for at least 7 years.

This evidentiary requirement has

yielded two very different

interpretations. It has long been our

policy that the claimant must present

the evidence necessary to establish that

he or she is entitled to benefits.

Accordingly, for us to presume that an

insured person is dead, the claimant

must establish that the insured person

not only has not been heard from for at

least 7 years, but also that he or she has

been absent from his or her residence

for no apparent reason. If the insured

person’s absence can be attributed to

known domestic or financial difficulties

or to some other rational reason for

leaving home, death is not presumed.

We are not required to establish that the