22668 Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations 

the United States shall be removed from 

the random testing pool upon the 

inception of such assignment. 

(2) Each covered employee who is 

removed from the random testing pool 

under this paragraph shall be returned 

to the random testing pool when the 

employee resumes the performance of 

safety-sensitive functions wholly or 

partially within the territory of the 

United States. 

(b) The provisions of this subpart 

shall not apply to any person who 

performs a safety-sensitive function by 

contract for an employer outside the 

territory of the United States. 

PART 121—OPERATING 

REQUIREMENTS: DOMESTIC, FLAG, 

AND SUPPLEMENTAL OPERATIONS 

■ 14. The authority citation for part 121 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 1153, 40101, 

40102, 40103, 40113, 41721, 44105, 44106, 

44111, 44701–44717, 44722, 44901, 44903, 

44904, 44906, 44912, 44914, 44936, 44938, 

46103, 46105. 

§ 121.429 [Removed and Reserved] 

■ 15. Section 121.429 is removed and 

reserved. 

§ 121.455 [Removed and Reserved] 

■ 16. Section 121.455 is removed and 

reserved. 

§ 121.457 [Removed and Reserved] 

■ 17. Section 121.457 is removed and 

reserved. 

§ 121.458 [Removed and Reserved] 

■ 18. Section 121.458 is removed and 

reserved. 

§ 121.459 [Removed and Reserved] 

■ 19. Section 121.459 is removed and 

reserved. 

Appendix I to Part 121 [Removed and 

Reserved] 

■ 20. Appendix I is removed and 

reserved. 

Appendix J to Part 121 [Removed and 

Reserved] 

■ 21. Appendix J is removed and 

reserved. 

PART 135—OPERATING 

REQUIREMENTS: COMMUTER AND 

ON DEMAND OPERATIONS AND 

RULES GOVERNING PERSONS ON 

BOARD SUCH AIRCRAFT 

■ 22. The authority citation for part 135 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 41706, 40113, 

44701–44702, 44705, 44709, 44711–44713, 

44715–44717, 44722, 45101–45105. 

■ 23. Section 135.1(a)(5) is revised to 

read as follows: 

§ 135.1 Applicability 

(a) * * * 

(5) Nonstop Commercial Air Tour 

flights conducted for compensation or 

hire in accordance with § 119.1(e)(2) of 

this chapter that begin and end at the 

same airport and are conducted within 

a 25-statute-mile radius of that airport; 

provided further that these operations 

must comply only with the drug and 

alcohol testing requirements in 

§§ 120.31, 120.33, 120.35, 120.37, and 

135.39 of this chapter; and with the 

provisions of part 136, subpart A, and 

§ 91.147 of this chapter by September 

11, 2007. 

* * * * * 

§ 135.249 [Removed and Reserved] 

■ 24. Section 135.249 is removed and 

reserved. 

§ 135.251 [Removed and Reserved] 

■ 25. Section 135.251 is removed and 

reserved. 

§ 135.253 [Removed and Reserved] 

■ 26. Section 135.253 is removed and 

reserved. 

§ 135.255 [Removed and Reserved] 

■ 27. Section 135.255 is removed and 

reserved. 

§ 135.353 [Removed and Reserved] 

■ 28. Section 135.353 is removed and 

reserved. 

Issued in Washington, DC, on May 7, 2009. 

Lynne A. Osmus, 

Acting Administrator. 

[FR Doc. E9–11289 Filed 5–13–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

14 CFR Part 97 

[Docket No. 30666; Amdt. No. 3321] 

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 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. 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations 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. Subject 

04/22/09 ........ 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. 


jlentini on PROD1PC65 with RULES
22670 Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations 

FDC date State City Airport FDC No. Subject 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30665 Amdt. No. 3320] 

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 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 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 

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 


jlentini on PROD1PC65 with RULES