28158 Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Rules and Regulations 

Wright AAF (Fort Stewart)/Midcoast Rgnl, 

RNAV (GPS) RWY 33R, Orig Fort Stewart 

(Hinesville), GA, Wright AAF (Fort 

Stewart)/Midcoast Rgnl, Takeoff 

Minimums and Obstacle DP, Orig 

Savannah, GA, Savannah/Hilton Head Intl, 

ILS OR LOC RWY 1, Amdt 8 

Savannah, GA, Savannah/Hilton Head Intl, 

ILS OR LOC RWY 10, Amdt 27A 

Savannah, GA, Savannah/Hilton Head Intl, 

RNAV (GPS) RWY 1, Amdt 2 

Savannah, GA, Savannah/Hilton Head Intl, 

RNAV (GPS) RWY 10, Amdt 2 

Savannah, GA, Savannah/Hilton Head Intl, 

RNAV (GPS) RWY 19, Amdt 2 

Savannah, GA, Savannah/Hilton Head Intl, 

RNAV (GPS) Z RWY 28, Amdt 2 

Savannah, GA, Savannah/Hilton Head Intl, 

Takeoff Minimums and Obstacle DP, Amdt 

6 

Savannah, GA, Savannah/Hilton Head Intl, 

VOR/DME–A, Orig-A 

Savannah, GA, Savannah/Hilton Head Intl, 

VOR/DME OR TACAN RWY 1, Orig-B 

Savannah, GA, Savannah/Hilton Head Intl, 

VOR/DME OR TACAN RWY 19, Orig-A 

Richmond, IN, Richmond Muni, RNAV (GPS) 

RWY 33, Orig 

Houma, LA, Houma-Terrebonne, COPTER 

VOR/DME RWY 12, Amdt 4 

Houma, LA, Houma-Terrebonne, GPS RWY 

12, Amdt 1A, CANCELLED 

Houma, LA, Houma-Terrebonne, GPS RWY 

18, Orig-A, CANCELLED 

Houma, LA, Houma-Terrebonne, GPS RWY 

36, Orig-A, CANCELLED 

Houma, LA, Houma-Terrebonne, ILS OR LOC 

RWY 18, Amdt 4 

Houma, LA, Houma-Terrebonne, RNAV 

(GPS) RWY 12, Orig 

Houma, LA, Houma-Terrebonne, RNAV 

(GPS) RWY 18, Orig 

Houma, LA, Houma-Terrebonne, RNAV 

(GPS) RWY 30, Orig 

Houma, LA, Houma-Terrebonne, RNAV 

(GPS) RWY 36, Orig 

Houma, LA, Houma-Terrebonne, Takeoff 

Minimums and Obstacle DP, Amdt 5 

Houma, LA, Houma-Terrebonne, VOR/DME 

RWY 30, Amdt 12 

Grand Rapids, MI, Gerald R. Ford Intl, ILS 

OR LOC RWY 8R, Amdt 6 

Grand Rapids, MI, Gerald R. Ford Intl, ILS 

OR LOC RWY 26L, Amdt 21 

Grand Rapids, MI, Gerald R. Ford Intl, ILS 

OR LOC RWY 35, Amdt 1 

Grand Rapids, MI, Gerald R. Ford Intl, RNAV 

(GPS) RWY 8L, Amdt 1 

Grand Rapids, MI, Gerald R. Ford Intl, RNAV 

(GPS) RWY 8R, Amdt 1 

Grand Rapids, MI, Gerald R. Ford Intl, RNAV 

(GPS) RWY 17, Amdt 1 

Grand Rapids, MI, Gerald R. Ford Intl, RNAV 

(GPS) RWY 26L, Amdt 1 

Grand Rapids, MI, Gerald R. Ford Intl, RNAV 

(GPS) RWY 26R, Amdt 1 

Grand Rapids, MI, Gerald R. Ford Intl, RNAV 

(GPS) RWY 35, Amdt 1 

Grand Rapids, MI, Gerald R. Ford Intl, 

Takeoff Minimums and Obstacle DP, Amdt 

2 

Grand Rapids, MI, Gerald R. Ford Intl, VOR 

RWY 35, Amdt 1 

Maryville, MO, Northwest Missouri Rgnl, 

RNAV (GPS) RWY 14, Orig 

Maryville, MO, Northwest Missouri Rgnl, 

Takeoff Minimums and Obstacle DP, Amdt 

3 

Maryville, MO, Northwest Missouri Rgnl, 

VOR/DME OR GPS RWY 36, Amdt 4, 

CANCELLED 

Blair, NE, Blair Muni, RNAV (GPS) RWY 13, 

Orig 

Blair, NE, Blair Muni, RNAV (GPS) RWY 31, 

Orig 

Blair, NE, Blair Muni, Takeoff Minimums 

and Obstacle DP, Orig 

Reno, NV, Reno/Tahoe Intl, RNAV (RNP) Z 

RWY 16R, Orig-B 

Cleveland, OH, Cuyahoga County, ILS OR 

LOC RWY 24, Amdt 14 

Cleveland, OH, Cuyahoga County, LOC/DME 

BC RWY 6, Amdt 11 

Cleveland, OH, Cuyahoga County, NDB OR 

GPS RWY 24, Amdt 8C, CANCELLED 

Cleveland, OH, Cuyahoga County, RNAV 

(GPS) RWY 6, Orig 

Cleveland, OH, Cuyahoga County, RNAV 

(GPS) RWY 24, Orig 

Port Clinton, OH, Carl R Keller Field, GPS 

RWY 27, Amdt 1A, CANCELLED 

Port Clinton, OH, Carl R Keller Field, NDB 

RWY 27, Amdt 13 

Port Clinton, OH, Carl R Keller Field, RNAV 

(GPS) RWY 9, Orig 

Port Clinton, OH, Carl R Keller Field, RNAV 

(GPS) RWY 27, Orig 

Port Clinton, OH, Carl R Keller Field, Takeoff 

Minimums and Obstacle DP, Amdt 6 

Port Clinton, OH, Carl R Keller Field, VOR/ 

DME–A, Amdt 9 

Erie, PA, Erie Intl/Tom Ridge Field, ILS OR 

LOC RWY 6, Amdt 16 

Erie, PA, Erie Intl/Tom Ridge Field, ILS OR 

LOC/DME RWY 24, Amdt 8 

Erie, PA, Erie Intl/Tom Ridge Field, NDB 

RWY 6, Amdt 1 

Erie, PA, Erie Intl/Tom Ridge Field, NDB 

RWY 24, Amdt 18 

Erie, PA, Erie Intl/Tom Ridge Field, RNAV 

(GPS) RWY 6, Orig 

Erie, PA, Erie Intl/Tom Ridge Field, RNAV 

(GPS) RWY 24, Orig 

Erie, PA, Erie Intl/Tom Ridge Field, Takeoff 

Minimums and Obstacle DP, Amdt 5 

Erie, PA, Erie Intl/Tom Ridge Field, VOR 

RWY 6, Amdt 16 

Erie, PA, Erie Intl/Tom Ridge Field, VOR/ 

DME RWY 24, Amdt 12 

Wilkes-Barre/Scranton, PA, Wilkes-Barre/ 

Scranton Intl, ILS OR LOC/DME RWY 22, 

Amdt 6 

Wilkes-Barre/Scranton, PA, Wilkes-Barre/ 

Scranton Intl, RNAV (GPS) RWY 4, Orig 

Wilkes-Barre/Scranton, PA, Wilkes-Barre/ 

Scranton Intl, RNAV (GPS RWY 22, Orig 

North Kingstown, RI, Quonset State, ILS OR 

LOC RWY 16, Amdt 10 

Greenville, SC, Greenville Downtown, RNAV 

(GPS) RWY 1, Orig 

Greenville, SC, Greenville Downtown, RNAV 

(GPS) RWY 10, Orig 

Newberry, SC, Newberry County, GPS RWY 

22, Orig, CANCELLED 

Newberry, SC, Newberry County, RNAV 

(GPS) RWY 4, Orig 

Newberry, SC, Newberry County, RNAV 

(GPS) RWY 22, Orig 

Memphis, TN, Memphis Intl, ILS OR LOC 

RWY 18R, Amdt 14 

Memphis, TN, Memphis Intl, RNAV (GPS) Z 

RWY 18C, Amdt 2 

Memphis, TN, Memphis Intl, RNAV (GPS) Z 

RWY 18L, Amdt 2 

Memphis, TN, Memphis Intl, RNAV (GPS) Z 

RWY 18R, Amdt 2 

Memphis, TN, Memphis Intl, RNAV (RNP) X 

RWY 18L, Orig 

Memphis, TN, Memphis Intl, RNAV (RNP) X 

RWY 18R, Orig 

Memphis, TN, Memphis Intl, RNAV (RNP) Y 

RWY 18C, Orig 

Memphis, TN, Memphis Intl, RNAV (RNP) Y 

RWY 18L, Orig 

Memphis, TN, Memphis Intl, RNAV (RNP) Y 

RWY 18R, Orig 

Mountain City, TN, Johnson County, RNAV 

(GPS) RWY 6, Orig 

Mountain City, TN, Johnson County, RNAV 

(GPS) RWY 24, Orig 

Savannah, TN, Savannah-Hardin County, 

GPS RWY 1, Orig, CANCELLED 

Savannah, TN, Savannah-Hardin County, 

GPS RWY 19, Orig, CANCELLED 

Savannah, TN, Savannah-Hardin County, 

RNAV (GPS) RWY 1, Orig 

Savannah, TN, Savannah-Hardin County, 

RNAV (GPS) RWY 19, Orig 

Oak Harbor, WA, A.J. Eisenberg, RNAV (GPS) 

RWY 7, Amdt 2C 

[FR Doc. E9–13872 Filed 6–12–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

14 CFR Part 97 

[Docket No. 30671; Amdt. No. 3325] 

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 June 15, 

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 


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Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Rules and Regulations 28159 

regulations is approved by the Director 

of the Federal Register as of June 15, 

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 http:// 

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. 

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 29, 

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: 

§§ 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, 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 

05/14/09 ........ CA AVALON ........... CATALINA ................................................. 9/9066 VOR/DME OR GPS–B, AMDT 2A. 

05/14/09 ........ CA AVALON ........... CATALINA ................................................. 9/9067 VOR OR GPS–A, AMDT 4A. 

05/15/09 ........ CA OAKDALE ........ OAKDALE ................................................. 9/0226 VOR–A, ORIG. 

05/15/09 ........ CA OAKDALE ........ OAKDALE ................................................. 9/0227 RNAV (GPS) RWY 28, ORIG. 

05/15/09 ........ CA OAKDALE ........ OAKDALE ................................................. 9/0228 RNAV (GPS) RWY 10, ORIG. 


pwalker on PROD1PC71 with RULES
28160 Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Rules and Regulations 

FDC date State City Airport FDC No. Subject 

05/26/09 ........ AZ PHOENIX ......... PHOENIX SKY HARBOR INTL ................ 9/0233 ILS OR LOC RWY 25L, AMDT 1C. 

05/26/09 ........ CA PALO ALTO ..... PALO ALTO ARPT OF SANTA CLARA 

CO.

9/0236 VOR/DME RWY 31, ORIG–A. 

[FR Doc. E9–13874 Filed 6–12–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 634 

[FHWA Docket No. FHWA–2008–0157] 

RIN 2125–AF28 

Worker Visibility 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Final rule. 

SUMMARY: The FHWA adopts as final an 

Interim Final Rule that amends its 

regulations to address safety concerns 

raised by the firefighting community 

regarding high-visibility safety apparel. 

The purpose of adopting the Interim 

Final Rule as final is to reflect the 

exemption of firefighters from the 

requirement to use high-visibility safety 

apparel, as defined in this rule, when 

they are exposed to hazardous 

conditions where the use of such 

apparel may increase the risk of injury 

to firefighter personnel. 

DATES: Effective Date: June 15, 2009. 

The interim rule became effective 

November 24, 2008. 

FOR FURTHER INFORMATION CONTACT: For 

technical information: Mr. Hari Kalla, 

Office of Transportation Operations, 

(202) 366–5915. For legal information: 

Mr. Raymond Cuprill, Office of Chief 

Counsel, (202) 366–0791, Federal 

Highway Administration, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590–0001. Office hours are from 7:45 

a.m. to 4:15 p.m., e.t., Monday through 

Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing 

This document, the Interim Final 

Rule, and all comments received may be 

viewed online through http:// 

www.regulations.gov. Electronic 

submission and retrieval help and 

guidelines are available on the Web site. 

It is available 24 hours each day, 365 

days each year. An electronic copy of 

this document may also be downloaded 

from the Office of the Federal Register’s 

home page at: http://www.archives.gov 

and the Government Printing Office’s 

Web page at: http:// 

www.access.gpo.gov/nara. 

Background 

The FHWA published an Interim 

Final Rule on 23 CFR Part 634 on 

November 21, 2008, at 73 FR 70593. 

Interested persons were invited to 

submit comments to FHWA Docket No. 

FHWA–2008–0157. The Interim Final 

Rule revised existing regulations to 

address safety concerns raised by the 

firefighting community in order to 

provide an exemption for firefighters 

actively engaged in emergency 

operations where they are directly 

exposed to flame, fire, heat and/or 

hazardous materials. This rule has been 

in effect since November 24, 2008. 

Summary of Comments 

The FHWA received three comments 

to the docket from private individuals. 

The first commenter expressed his 

opinion that a statement contained in 

the background information of the 

Interim Rule created confusion and the 

false impression that a firefighter does 

not need to comply with the regulation 

if he is wearing an NFPA 1971 standard 

compliant garment. He recommended 

that this language be clarified to ensure 

the rule is interpreted correctly by all 

firefighters. The FHWA disagrees with 

this comment. The background 

information was included to justify the 

issuance of the Interim Final Rule due 

to safety concerns expressed by the 

firefighting community. However, the 

language in the Interim Final Rule is 

accurate and does not require 

modification. 

The second commenter supported the 

concept of the Interim Final Rule, but 

also expressed concern about the 

confusion that has resulted from the 

existence of several standards for high 

visibility garments and how they are 

being referenced in this rulemaking as 

well as a separate rulemaking in Docket 

No. FHWA–2007–28977. This 

rulemaking proposes to revise the 2003 

edition of the Manual on Uniform 

Traffic Control Devices. This comment 

does not require any response to this 

docket, but rather it will be considered 

in the analysis of comments to Docket 

No. FHWA–2007–28977. 

The third commenter expressed the 

opinion that the Interim Final Rule 

should not have provided any 

exemptions for firefighters under any 

circumstances. In his opinion, the 

requirements contained in 23 CFR 634 

should, in the interest of safety, apply 

to all firefighters all the time. Prior to 

the issuance of this Interim Final Rule, 

the FHWA was made aware of several 

competing safety issues that could 

develop under certain conditions with 

the high visibility garments that are 

currently available, such as having the 

background material either catch fire or 

melt when exposed directly to fire. The 

FHWA, therefore, did issue the 

exemption for firefighters and other 

emergency workers when they are 

working under the conditions 

specifically listed in the Interim Final 

Rule. This exemption should provide a 

balance of increasing the visibility of the 

workers under most conditions, but not 

create a condition that could endanger 

them with other hazards. 

Conclusion 

For the reasons stated above, the 

FHWA adopts as final the Interim Final 

Rule published on November 21, 2008, 

at 73 FR 70593. 

Rulemaking Analyses and Notices 

Executive Order 12866 (Regulatory 

Planning and Review) and DOT 

Regulatory Policies and Procedures 

The FHWA has determined that this 

final rule is not a significant regulatory 

action within the meaning of Executive 

Order 12866 and is not significant 

within the meaning of U.S. Department 

of Transportation regulatory policies 

and procedures. The economic impact 

of this rulemaking will be minimal. The 

final rule would not adversely affect, in 

a material way, any sector of the 

economy. In addition, the final rule 

would not interfere with any action 

taken or planned by another agency and 

would not materially alter the budgetary 

impact of any entitlements, grants, user 

fees, or loan programs. Consequently, a 

full regulatory evaluation is not 

required. 

Regulatory Flexibility Act 

In compliance with the Regulatory 

Flexibility Act (Pub. L. 96–354, 5 U.S.C. 

601–612) the FHWA has evaluated the 

effects of this action on small entities 

and has determined that the action 

would not have a significant economic 

impact on a substantial number of small 


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