Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Rules and Regulations 60623 

in the Airport/Facility Directory. The 

FAA is amending Title 14, Code of 

Federal Regulations (14 CFR) part 71 by 

modifying the Class D airspace 

description at MacDill AFB to reflect the 

effective times of the Air Traffic Control 

Tower’s operation. Designations for 

Class D airspace areas extending 

upward from the surface of the Earth are 

published in FAA Order 7400.9R, 

signed August 15, 2007 effective 

September 15, 2007, which is 

incorporated by reference in 14 CFR 

part 71.1. The Class D designations 

listed in this document will be 

published subsequently in the Order. 

Agency Findings 

The regulations adopted herein 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 various levels of 

government. Therefore, it is determined 

that this final rule does not have 

federalism implications under Executive 

Order 13132. 

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, is non-controversial and 

unlikely to result in adverse or negative 

comments. 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. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of airspace necessary to 

ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it modifies controlled airspace at 

MacDill AFB, FL. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

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 Federal Aviation 

Administration Order 7400.9R, Airspace 

Designations and Reporting Points, 

signed August 15, 2007, effective 

September 15, 2007, is amended as 

follows: 

Paragraph 5000 Class D Airspace 

* * * * * 

ASO FL D MacDill AFB, FL [Revised] 

MacDill AFB, FL 

(Lat. 27°50′58′′ N., long 82°31′16′′ W.) 

Albert Whitted Airport 

(Lat. 27°45′54′′ N., long 82°37′37′′ W.) 

That airspace extending upward from the 

surface of the Earth to and including 2,600 

feet MSL within a 4.5-mile radius of MacDill 

AFB; excluding the portion within the 

Tampa International Airport, FL, Class B 

airspace area; excluding that portion 

southwest of a line connecting the 2 points 

of intersection with a 4-mile radius circle 

centered on the Albert Whitted Airport. This 

Class D airspace area is effective during the 

specific dates and times established in 

advance by a Notice to Airmen. The effective 

date and time will thereafter be continuously 

published in the Airport/Facility Directory. 

* * * * * 

Issued in College Park, Georgia, on 

September 26, 2008. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. E8–24109 Filed 10–10–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30629; Amdt. No 3288] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This 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 October 14, 

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 October 14, 

2008. 

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. 

Availability—All SIAPs and Takeoff 

Minimums and ODPs are available 


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60624 Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Rules and Regulations 

online free of charge. Visit http:// 

www.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 Divisions, 

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 of the Code of Federal 

Regulations, Part 97 (14 CFR part 97), by 

establishing, amending, suspending, or 

revoking SIAPS, Takeoff Minimums 

and/or ODPs. The complete regulators 

description of each SIAP and its 

associated Takeoff Minimums or ODP 

for an identified airport is listed on 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 FAA Forms 8260–3, 8260–4, 

8260–5, 8260–15A, and 8260–15B when 

required by an entry on 8260–15A. 

The large number of SIAPs, Takeoff 

Minimums and ODPs, in addition to 

their complex nature and the need for 

a special format make publication in the 

Federal Register expensive and 

impractical. Furthermore, airmen do not 

use the regulatory text of the SIAPs, 

Takeoff Minimums or ODPs, but instead 

refer to their depiction on charts printed 

by publishers of aeronautical materials. 

The advantages of incorporation by 

reference are realized and publication of 

the complete description of each SIAP, 

Takeoff Minimums and ODP listed on 

FAA forms is unnecessary. This 

amendment provides the affected CFR 

sections and specifies the types of SIAPs 

and the effective dates of the associated 

Takeoff Minimums and ODPs. 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, Takeoff Minimums and 

ODP as contained in the transmittal. 

Some SIAP and Takeoff Minimums and 

textual ODP amendments may have 

been issued previously 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 

Takeoff Minimums and ODP 

amendments may require making them 

effective in less than 30 days. For the 

remaining SIAPs and Takeoff 

Minimums and ODPs, an effective date 

at least 30 days after publication is 

provided. 

Further, the SIAPs and Takeoff 

Minimums and ODPs 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 

Takeoff Minimums and ODPs, 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, Takeoff Minimums and 

ODPs, and safety in air commerce, I find 

that notice and public procedures before 

adopting these SIAPs, Takeoff 

Minimums and ODPs 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. 

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 September 

19, 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 establishing, 

amending, suspending, or revoking 

Standard Instrument Approach 

Procedures and/or Takeoff Minimums 

and/or Obstacle Departure Procedures 

effective at 0902 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: 

Effective 23 OCT 2008 

Lakeland, FL, Lakeland Linder Regional, 

NDB RWY 5, Amdt 4 

Lakeland, FL, Lakeland Linder Regional, 

VOR RWY 9, Amdt 4 

Effective 20 NOV 2008 

Bethel, AK, Bethel, ILS OR LOC/DME RWY 

19R, Amdt 6 

Bethel, AK, Bethel, LOC/DME BC RWY 1L, 

Amdt 6 

Bethel, AK, Bethel, RNAV (GPS) RWY 1L, 

Amdt 1 

Bethel, AK, Bethel, RNAV (GPS) RWY 19R, 

Amdt 1 

Bethel, AK, Bethel, RNAV (GPS)–A, Amdt 1 

Bethel, AK, Bethel, Takeoff Minimums and 

Obstacle DP, Amdt 3 

Bethel, AK, Bethel, VOR/DME RWY 1L, 

AMDT 2 

Bethel, AK, Bethel, VOR/DME RWY 19R, 

AMDT 2 

Napakiak, AK, Napakiak, RNAV (GPS) RWY 

16, Orig 

Napakiak, AK, Napakiak, RNAV (GPS) RWY 

34, Orig 

Napakiak, AK, Napakiak, Takeoff Minimums 

and Obstacle DP, Orig 

Shageluk, AK, Shageluk, RNAV (GPS) RWY 

16, Orig 

Shageluk, AK, Shageluk, RNAV (GPS) RWY 

34, Orig 

Shageluk, AK, Shageluk, Takeoff Minimums 

and Obstacle DP, Orig 

Jacksonville, FL, Craig Muni, ILS OR LOC 

RWY 32, Amdt 4 

Jacksonville, FL, Craig Muni, RNAV (GPS) 

RWY 14, Orig 

Jacksonville, FL, Craig Muni, RNAV (GPS) 

RWY 32, Orig 

Jacksonville, FL, Craig Muni, Takeoff 

Minimums and Obstacle DP, Amdt 3 

Jacksonville, FL, Craig Muni, VOR RWY 14, 

Amdt 4 

Jacksonville, FL, Craig Muni, VOR/DME 

RWY 32, Amdt 2 


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Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Rules and Regulations 60625 

1Commission regulations referred to herein are 

found at 17 CFR Ch. I (2007). 

2 52 FR 28990, 29001 (August 5, 1987). 

Miami, FL, Kendall-Tamiami Executive, ILS 

OR LOC RWY 9R, Amdt 10 

Miami, FL, Kendall-Tamiami Executive, 

RNAV (GPS) RWY 9R, Amdt 1 

Miami, FL, Kendall-Tamiami Executive, 

Takeoff Minimums and Obstacle DP, 

Amdt 7 

Mattoon/Charleston, IL, Coles County 

Memorial, RNAV (GPS) RWY 29, Orig 

Mount Vernon, IL, Mount Vernon, GPS RWY 

5, Orig-A, CANCELLED 

Mount Vernon, IL, Mount Vernon, GPS RWY 

23, Orig, CANCELLED 

Mount Vernon, IL, Mount Vernon, RNAV 

(GPS) RWY 5, Orig 

Mount Vernon, IL, Mount Vernon, RNAV 

(GPS) RWY 23, Orig 

Morehead, KY, Morehead-Rowan County 

Clyde A Thomas Rgnl, RNAV (GPS) RWY 

2, Orig 

Morehead, KY, Morehead-Rowan County 

Clyde A Thomas Rgnl, RNAV (GPS) RWY 

20, Orig 

Morehead, KY, Morehead-Rowan County 

Clyde A Thomas Rgnl, Takeoff Minimums 

and Obstacle DP, Orig 

Mitchellville, MD, Freeway, VOR RWY 36, 

Orig-B, CANCELLED 

Traverse City, MI, Cherry Capital, RNAV 

(GPS) RWY 10, Orig 

Cape Girardeau, MO, Cape Girardeau Rgnl, 

ILS OR LOC RWY 10, Amdt 11 

Cape Girardeau, MO, Cape Girardeau Rgnl, 

LOC/DME BC RWY 28, Amdt 7 

Hattiesburg, MS, Hattiesburg Bobby L. Chain 

Muni, VOR RWY 13, Amdt 12 

Jackson, MS, Hawkins Field, GPS RWY 16, 

Orig, CANCELLED 

Jackson, MS, Hawkins Field, GPS RWY 34, 

Orig, CANCELLED 

Jackson, MS, Hawkins Field, RNAV (GPS) 

RWY 16, Orig 

Jackson, MS, Hawkins Field, RNAV (GPS) 

RWY 34, Orig 

Carson City, NV, Carson, RNAV (GPS)–A, 

Orig 

Carson City, NV, Carson, Takeoff Minimums 

and Obstacle DP, Orig 

New York, NY, LaGuardia, Takeoff 

Minimums and Obstacle DP, Amdt 8 

Newburgh, NY, Stewart Intl, Takeoff 

Minimums and Obstacle DP, Amdt 5 

McMinnville, OR, McMinnville Muni, 

Takeoff Minimums and Obstacle DP, 

Amdt 4 

McMinnville, OR, McMinnville Muni, VOR/ 

DME–B, Amdt 6 

Ontario, OR, Ontario Muni, Takeoff 

Minimums and Obstacle DP, Amdt 3 

State College, PA, University Park, ILS OR 

LOC RWY 24, Amdt 9 

State College, PA, University Park, RNAV 

(GPS) RWY 6, Amdt 1 

State College, PA, University Park, RNAV 

(GPS) RWY 24, Orig 

State College, PA, University Park, VOR–B, 

Amdt 10 

Lebanon, TN, Lebanon Muni, GPS RWY 19, 

Orig, CANCELLED 

Lebanon, TN, Lebanon Muni, NDB RWY 19, 

Amdt 1 

Lebanon, TN, Lebanon Muni, RNAV (GPS) 

RWY 19, Orig 

Ogden, UT, Ogden-Hinckley, VOR/DME 

RWY 7, Amdt 6 

Richlands, VA, Tazewell County, LOC/DME 

RWY 25, Orig 

Ellensburg, WA, Bowers Field, VOR–B, 

Amdt 3 

Pasco, WA, Tri-Cities, VOR/DME RWY 30, 

Amdt 3 

Correction: On September 11, 2008 (73 FR 

52779), the FAA published an Amendment 

in Docket No. 30624, Amdt No. 3284 to Part 

97 of the Federal Aviation Regulations under 

section 97.29. The 1st entry for Pittsburgh, 

PA, Pittsburgh Intl, effective September 25, 

2008, is hereby corrected to read as follows: 

Pittsburgh, PA, Pittsburgh Intl, 

CONVERGING ILS RWY 28R, Amdt 4, 

CANCELLED 

Rescinded: On August 7, 2008 (73 FR 

45861), the FAA published an Amendment 

in Docket No. 30620, Amdt No. 3280 to Part 

97 of the Federal Aviation Regulations under 

section 97.25. The following entry, effective 

September 25, 2008, is hereby rescinded in 

its entirety: 

Ketchikan, AK, Ketchikan Intl, ILS OR LOC/ 

DME Y RWY 11, Amdt 7 

[FR Doc. E8–23913 Filed 10–10–08; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 30 

Foreign Futures and Options 

Transactions 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Order. 

SUMMARY: The Commodity Futures 

Trading Commission (Commission or 

CFTC) is granting an exemption to firms 

designated by the Tokyo Financial 

Exchange, Inc. (TFX) from the 

application of certain of the 

Commission’s foreign futures and 

option regulations based upon 

substituted compliance with certain 

comparable regulatory and selfregulatory requirements of a foreign 

regulatory authority consistent with 

conditions specified by the 

Commission, as set forth herein. This 

Order is issued pursuant to Commission 

Regulation 30.10, which permits 

persons to file a petition with the 

Commission for exemption from the 

application of certain of the Regulations 

set forth in Part 30 and authorizes the 

Commission to grant such an exemption 

if such action would not be otherwise 

contrary to the public interest or to the 

purposes of the provision from which 

exemption is sought. 

DATES: Effective Date: October 14, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Andrew V. Chapin, Associate Director; 

Helene Schroeder, Special Counsel; or 

Peter B. Sanchez, Special Counsel, 

Division of Clearing and Intermediary 

Oversight, Commodity Futures Trading 

Commission, 1155 21st Street, NW., 

Washington, DC 20581. Telephone: 

(202) 418–5430. E-mail: DCIO@cftc.gov. 

SUPPLEMENTARY INFORMATION: The 

Commission has issued the following 

Order: 

Order Under CFTC Regulation 30.10 

Exempting Firms Designated by the Tokyo 

Financial Exchange, Inc. (TFX) From the 

Application of Certain of the Foreign Futures 

and Option Regulations the Later of the Date 

of Publication of the Order Herein in the 

Federal Register or After Filing of Consents 

by Such Firms and TFX, as Appropriate, to 

the Terms and Conditions of the Order 

Herein. 

Commission Regulations governing 

the offer and sale of commodity futures 

and option contracts traded on or 

subject to the regulations of a foreign 

board of trade to customers located in 

the U.S. are contained in Part 30 of the 

Commission’s regulations.1 These 

regulations include requirements for 

intermediaries with respect to 

registration, disclosure, capital 

adequacy, protection of customer funds, 

recordkeeping and reporting, and sales 

practice and compliance procedures 

that are generally comparable to those 

applicable to transactions on U.S. 

markets. 

In formulating a regulatory program to 

govern the offer and sale of foreign 

futures and option products to 

customers located in the U.S., the 

Commission, among other things, 

considered the desirability of 

ameliorating the potential 

extraterritorial impact of such a program 

and avoiding duplicative regulation of 

firms engaged in international business. 

Based upon these considerations, the 

Commission determined to permit 

persons located outside the U.S. and 

subject to a comparable regulatory 

structure in the jurisdiction in which 

they were located to seek an exemption 

from certain of the requirements under 

Part 30 of the Commission’s regulations 

based upon substituted compliance with 

the regulatory requirements of the 

foreign jurisdiction. 

Appendix A to Part 30, ‘‘Interpretative 

Statement With Respect to the 

Commission’s Exemptive Authority 

Under § 30.10 of Its Rules’’ (Appendix 

A), generally sets forth the elements the 

Commission will evaluate in 

determining whether a particular 

regulatory program may be found to be 

comparable for purposes of exemptive 

relief pursuant to Regulation 30.10.2

These elements include: (1) 

Registration, authorization or other form 


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