Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Rules and Regulations 44909 

§ 3430.205 Funding restrictions. 

Funds made available under this 

subpart shall not be used for the 

construction of a new building or 

facility or the acquisition, expansion, 

remodeling, or alteration of an existing 

facility (including site grading and 

improvement, and architect fees). 

Indirect costs are subject to NARETPA 

section 1462(a) limiting indirect costs to 

22 percent of the total Federal funds 

provided under each award unless 

superseded by another authority. The 

maximum allowed indirect cost of 22 

percent may be claimed under the 

Federal portion of the award budget, or 

the maximum allowed indirect cost of 

22 percent may be claimed as a 

matching contribution (if no indirect 

costs are requested on the Federal 

portion of the budget). However, the 

maximum allowed indirect cost of 22 

percent may not be claimed on both the 

Federal portion of the budget for the 

award and as a matching contribution; 

but a grantee may, for example, request 

11 percent of indirect costs on both the 

Federal portion of the budget for the 

award and as a matching contribution. 

Or, a grantee may request any other, 

similar percentage combination that, 

when combined, does not exceed a 

maximum indirect cost rate of 22 

percent. 

§ 3430.206 Matching requirements. 

Grantees are required to provide 

funds or in-kind support from nonFederal sources in an amount that is at 

least equal to the amount provided by 

the Federal government. The matching 

contribution must be provided from 

non-Federal sources except when 

authorized by statute. The matching 

requirements under this subpart cannot 

be waived. 

Signed at Washington, DC, on July 28, 

2008. 

Colien Hefferan, 

Administrator, Cooperative State Research, 

Education, and Extension Service. 

[FR Doc. E8–17594 Filed 7–31–08; 8:45 am] 

BILLING CODE 3410–22–P 

DEPARTMENT OF TRANSPORTATION 

14 CFR Part 97 

[Docket No. 30621; Amdt. No. 3281] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This rule establishes, amends, 

suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and associated Takeoff 

Minimums and Obstacle Departure 

Procedures for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, adding new 

obstacles, or changing 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 August 1, 

2008. The compliance date for each 

SIAP, associated Takeoff Minimums, 

and ODP 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 August 1, 

2008. 

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 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. 

Availability—All SIAPs are available 

online free of charge. Visit nfdc.faa.gov 

to register. Additionally, individual 

SIAP and Takeoff Minimums and ODP 

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. 

FOR FURTHER INFORMATION CONTACT: 

Harry J. Hodges, 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 rule 

amends Title 14, Code of Federal 

Regulations, Part 97 (14 CFR part 97) by 

amending the referenced SIAPs. The 

complete regulatory description of each 

SIAP is listed on the appropriate FAA 

Form 8260, as modified by the National 

Flight Data Center (FDC)/Permanent 

Notice to Airmen (P–NOTAM), and is 

incorporated by reference in the 

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

CFR part 51, and § 97.20 of Title 14 of 

the Code of Federal Regulations. 

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. This 

amendment provides the affected CFR 

sections and specifies the types of SIAP 

and the corresponding effective dates. 

This amendment also identifies the 

airport and its location, the procedure 

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 changes to 

SIAPs, the TERPS criteria were applied 

only to 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. 


rfrederick on PROD1PC67 with RULES
44910 Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Rules and Regulations 

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 

DOT Regulatory 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 July 25, 2008. 

James J. Ballough, 

Director, Flight Standards Service. 

Adoption of the Amendment 

■ Accordingly, pursuant to the authority 

delegated to me, Title 14, Code of 

Federal regulations, Part 97, 14 CFR part 

97, is amended by amending 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. 106(g), 40103, 40106, 

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

44719, 44721–44722. 

■ 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/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. Subject 

07/10/08 ...... CT DANIELSON .................... DANIELSON ........................................ 8/6791 VOR–A, AMDT 6B. 

07/10/08 ...... FL FORT LAUDERDALE ..... FORT LAUDERDALE/HOLLYWOOD 

INTL.

8/6793 RNAV (GPS) RWY 13, ORIG–A. 

07/10/08 ...... NY ROCHESTER .................. GREATER ROCHESTER INTL ........... 8/6804 ILS OR LOC RWY 4, AMDT 18. 

07/10/08 ...... CT WINDSOR LOCKS .......... BRADLEY INTL ................................... 8/6807 VOR OR TACAN RWY 33, 

ORIG–B. 

07/10/08 ...... VA RICHMOND/ASHLAND ... HANOVER COUNTY MUNI ................. 8/6823 VOR RWY 16, AMDT 2. 

07/11/08 ...... NH PORTSMOUTH ............... PORTSMOUTH INTERNATIONAL AT 

PEASE.

8/7037 ILS OR LOC RWY 34, AMDT 2. 

07/11/08 ...... VA MARTINSVILLE .............. BLUE RIDGE ....................................... 8/7042 TAKEOFF MINS AND OBSTACLE DP, AMDT 2. 

07/11/08 ...... VA MARTINSVILLE .............. BLUE RIDGE ....................................... 8/7043 RNAV (GPS) RWY 30, AMDT 1. 

07/11/08 ...... MN WILLMAR ........................ WILLMAR MUNI—JOHN L RICE 

FIELD.

8/7083 RNAV (GPS) RWY 13, ORIG. 

07/11/08 ...... MN ST. PAUL ........................ ST PAUL DOWNTOWN HOLMAN 

FLD.

8/7119 ILS OR LOC RWY 32, AMDT 

4A. 

07/11/08 ...... MN ST. PAUL ........................ ST PAUL DOWNTOWN HOLMAN 

FLD.

8/7120 ILS RWY 14, ORIG–A. 

07/11/08 ...... MN ST. PAUL ........................ ST PAUL DOWNTOWN HOLMAN 

FLD.

8/7121 COPTER ILS RWY 32, ORIG. 

07/11/08 ...... OH JACKSON ....................... JAMES A. RHODES ............................ 8/7131 RNAV (GPS) RWY 1, AMDT 1. 

07/11/08 ...... OH JACKSON ....................... JAMES A. RHODES ............................ 8/7132 RNAV (GPS) RWY 19, AMDT 1. 

07/11/08 ...... OH JACKSON ....................... JAMES A. RHODES ............................ 8/7133 VOR/DME A, AMDT 2 

07/11/08. ..... AK NOME .............................. NOME .................................................. 8/7169 ILS OR LOC/DME Y RWY 28, 

AMDT 3. 

07/11/08 ...... AK NOME .............................. NOME .................................................. 8/7170 ILS OR LOC/DME Z RWY 28, 

AMDT 3. 

07/11/08 ...... NE LEXINGTON .................... JIM KELLY FIELD ................................ 8/7183 RNAV (GPS) RWY 14, AMDT 1. 

07/12/08 ...... MI OSCODA ......................... OSCODA–WURTSMITH ...................... 8/7241 ILS OR LOC/DME RWY 24, 

AMDT 2. 

07/12/08 ...... MI FLINT .............................. BISHOP INTL ....................................... 8/7242 RNAV (GPS) RWY 9, ORIG. 

07/12/08 ...... MI FLINT .............................. BISHOP INTL ....................................... 8/7243 RNAV (GPS) RWY 18, ORIG. 

07/12/08 ...... PA PITTSBURGH ................. PITTSBURGH INTL ............................. 8/7266 RNAV (GPS) RWY 14, AMDT 3. 

07/13/08 ...... NE GRANT ............................ GRANT MUNI ...................................... 8/7318 NDB RWY 15, AMDT 3. 

07/13/08 ...... NE GRANT ............................ GRANT MUNI ...................................... 8/7319 NDB RWY 33, AMDT 3. 

07/13/08 ...... NE GRANT ............................ GRANT MUNI ...................................... 8/7320 VOR/DME RWY 15, ORIG. 

07/14/08 ...... NC WADESBORO ................. ANSON COUNTY ................................ 8/7439 RNAV (GPS) RWY 16, ORIG. 

07/14/08 ...... OK TULSA ............................. TULSA INTL ......................................... 8/7489 RNAV (GPS) RWY 36L, ORIG. 

07/14/08 ...... OK BUFFALO ........................ BUFFALO MUNI .................................. 8/7490 NDB A, AMDT 2A. 

07/14/08 ...... OK BUFFALO ........................ BUFFALO MUNI .................................. 8/7491 RNAV (GPS) RWY 17, ORIG. 

07/16/08 ...... AK YAKUTAT ........................ YAKUTAT ............................................. 8/7878 RNAV (GPS) RWY 29, AMDT 2. 

07/16/08 ...... OR NORTH BEND ................ SOUTHWEST OREGON RGNL .......... 8/7879 TAKEOFF MINS AND OBSTACLE DP, AMDT 4. 

07/16/08 ...... KS FORT LEAVENWORTH .. SHERMAN AAF ................................... 8/7885 RNAV (GPS) RWY 15, ORIG. 

07/16/08 ...... KS FORT LEAVENWORTH .. SHERMAN AAF ................................... 8/7888 VOR/DME A, ORIG–A. 

07/16/08 ...... KS FORT LEAVENWORTH .. SHERMAN AAF ................................... 8/7889 RNAV (GPS) RWY 33, ORIG. 


rfrederick on PROD1PC67 with RULES
Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Rules and Regulations 44911 

FDC date State City Airport FDC 

No. Subject 

07/16/08 ...... KS FORT LEAVENWORTH .. SHERMAN AAF ................................... 8/7890 NDB RWY 33, AMDT 4. 

07/21/08 ...... FL ORLANDO ....................... ORLANDO INTL .................................. 8/8597 RNAV (GPS) RWY 17L, ORIG–

A. 

07/21/08 ...... FL ORLANDO ....................... ORLANDO INTL .................................. 8/8598 ILS OR LOC RWY 17L, ORIG–A. 

07/21/08 ...... CA SAN DIEGO/EL CAJON GILLESPIE FIELD ............................... 8/8677 LOC–D, AMDT 10A. 

05/31/08 ...... MT GREAT FALLS ................ GREAT FALLS INTL ............................ 8/9063 NDB RWY 34, AMDT 16A THIS 

NOTAM PUBLISHED IN TL 

08–15 IS HEREBY RESCINDED. 

05/31/08 ...... IN RICHMOND ..................... RICHMOND MUNI ............................... 8/9127 VOR OR GPS RWY 6, AMDT 

11A. THIS NOTAM PUBLISHED IN TL 08–15 IS 

HEREBY RESCINDED IN ITS 

ENTIRETY. 

[FR Doc. E8–17619 Filed 7–31–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0720] 

RIN 1625–AA00 

Safety Zone; Bollotta & Associates 

USS Midway Fireworks Display; San 

Diego Harbor, San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone, on the 

navigable waters of the San Diego Bay 

in support of the Bollotta & Associates 

USS Midway Fireworks Display. This 

safety zone is necessary to provide for 

the safety of the participants, crew, 

spectators, participating vessels, and 

other vessels and users of the waterway. 

Persons and vessels are prohibited from 

entering into, transiting through, or 

anchoring within this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative. 

DATES: This rule is effective from 9:30 

p.m. through 10 p.m. on August 2, 2008. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008–

0720 and are available online at 

http://www.regulations.gov. They are 

also available for inspection or copying 

at two locations: The Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays, and the U.S. 

Coast Guard Sector San Diego, 2710 N. 

Harbor Drive, San Diego, CA 92101 

between 8 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Petty Officer Kristen Beer, 

USCG, Waterways Management, U.S. 

Coast Guard Sector San Diego at (619) 

278–7233. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it was 

impracticable since the logistical details 

of the fireworks show was not finalized 

nor presented to the Coast Guard in 

enough time to draft and publish an 

NPRM. As such, the event would occur 

before the rulemaking process was 

complete. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. The issuance of the final 

approval and permitting was so recent 

that in order for the rule to be in effect 

at the time of the fireworks display it is 

necessary that the rule be made effective 

less than 30 days after publication. In 

addition, it would be contrary to the 

public interest not to publish this rule 

due to protection from inherent dangers 

to the crew and public that are present 

from a fireworks display. 

Background and Purpose 

Fireworks & Stage FX America, Inc. is 

sponsoring the Bollotta & Associates 

USS Midway Fireworks Display, a 

fireworks presentation from an 

anchored barge located 250 yards from 

the USS Midway. The safety zone will 

be an area consisting of a 200 yard 

radius around the barge. This safety 

zone is necessary to provide for the 

safety of the crew, spectators, vessels 

and other users of the waterway. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone that will be enforced from 

9:30 p.m. to 10 p.m. on August 2, 2008. 

The limits of the safety zone will be an 

area consisting of a 200 yard radius 

around the anchored barge located at 

approximately 32°42′48′′ N, 117°10′43′′ 

W. 

The safety zone is necessary to 

provide for the safety of the crews, 

spectators, and other vessels and users 

of the waterway. Persons and vessels 

will be prohibited from entering into, 

transiting through, or anchoring within 

this safety zone unless authorized by the 

Captain of the Port, or his designated 

representative. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 


rfrederick on PROD1PC67 with RULES