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 Department of Transportation 14 CFR Part 97
[Docket No. 30666; Amdt. No. 3321]
 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 May 14, 2009. 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 May 14, 2009.
 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.
                        ( print page 22669)


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. 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 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 May 1, 2009. John M. Allen, 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: 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, 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.
Subject04/22/09
OH
Cleveland
Burke Lakefront
9/4657
TAKE-OFF MINIMUMS AND OBSTACLE DP, AMDT 4.04/17/09
KS
Olathe
Johnson County Executive
9/4658
LOC RWY 36, AMDT 1.04/17/09
KS
Olathe
Johnson County Executive
9/4659
LOC RWY 18, AMDT 7A.04/17/09
TX
Granbury
Granbury Rgnl
9/4696
GPS RWY 14, ORIG-A.04/22/09
ND
Bismarck
Bismarck Muni
9/4714
ILS OR LOC RWY 31, AMDT 32D.04/22/09
KY
Somerset
Lake Cumberland Rgnl
9/4761
ILS OR LOC/DME RWY 5, ORIG.04/20/09
OK
Altus
Altus/Quartz Mountain Rgnl
9/4847
VOR A, AMDT 4B.04/22/09
MI
Cadillac
Wexford County
9/4903
ILS or LOC RWY 7, ORIG.04/20/09
TX
Harlingen
Valley Intl
9/4923
ILS or LOC RWY 17R, ORIG-A.04/20/09
TX
Midland
Midland Intl
9/4924
ILS or LOC RWY 10, AMDT 14B.04/20/09
WA
Walla Walla
Walla Walla Rgnl
9/4951
NDB RWY 20, AMDT 5B.04/22/09
CA
Palmdale
Palmdale Rgnl/USAF Plant 42
9/5301
RNAV (GPS) RWY 25, ORIG-C.04/22/09
MT
Baker
Baker Muni
9/5302
GPS RWY 31, ORIG-A.04/22/09
MT
Baker
Baker Muni
9/5303
NDB RWY 31, ORIG.04/22/09
MT
Baker
Baker Muni
9/5305
NDB RWY 13, ORIG.04/23/09
OR
Aurora
Aurora State
9/5489
RNAV (GPS) RWY 35, ORIG-A.04/24/09
AK
Kiana
Bob Baker Memorial
9/5711
TAKE-OFF MINIMUMS AND OBSTACLE DP, ORIG.04/24/09
AK
Kotlik
Kotlik
9/5745
RNAV (GPS) RWY 20, ORIG.04/24/09
AK
Kotlik
Kotlik
9/5746
RNAV (GPS) RWY 2, ORIG.04/27/09
GQ
Guam
Guam Intl
9/5900
RNAV (GPS) Y RWY 24L, AMDT 1A.04/27/09
GQ
Guam
Guam Intl
9/5901
RNAV (RNP) Z RWY 24L, ORIG-B.04/27/09
LA
Houma
Houma-Terrebonne
9/5912
VOR RWY 12, AMDT 5B.( print page 22670)04/24/09
AK
King Cove
King Cove
9/6056
TAKE-OFF MINIMUMS AND OBSTACLE DP, ORIG.04/22/09
MN
Grand Marais
Grand Marais/Cook County
9/6107
NDB RWY 27, ORIG-B.04/22/09
IL
Chicago
Chicago-O Hare Intl
9/6120
ILS OR LOC RWY 9L, ILS RWY 9L (CAT II), ILS RWY 9L (CAT III), ORIG-A.04/22/09
IL
Chicago
Chicago-O Hare Intl
9/6121
ILS OR LOC RWY 4R, AMDT 6K.04/28/09
CO
Denver
Front Range
9/6125
ILS RWY 35, ORIG.04/28/09
CO
Denver
Front Range
9/6126
ILS RWY 17, ORIG.04/29/09
MN
St Cloud
St Cloud Rgnl
9/6360
VOR/DME RWY 13, ORIG.04/29/09
MN
St Cloud
St Cloud Rgnl
9/6361
VOR RWY 31, ORIG.04/29/09
MN
St Cloud
St Cloud Rgnl
9/6362
RNAV (GPS) RWY 5, ORIG.04/29/09
MN
St Cloud
St Cloud Rgnl
9/6363
RNAV (GPS) RWY 23, ORIG.04/29/09
MN
St Cloud
St Cloud Rgnl
9/6367
ILS OR LOC RWY 31, AMDT 3.04/29/09
OK
El Reno
El Reno Rgnl
9/6368
NDB RWY 35, AMDT 3B.


[FR Doc. E9-10990 Filed 5-13-09; 8:45 am] BILLING CODE 4910-13-P