Rules and Regulations. Final rule

Agency: Federal Aviation Administration (FAA), DOT
Action: Final rule
Citation: FR Doc. 04-12062 · Docket No. 30414; Amdt. No. 3097 · 14 CFR 97

Summary

This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) 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, addition of new obstacles, or changes in 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 1, 2004. The compliance date for each SIAP 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 June 1, 2004.

Supplementary Information

This amendment to part 97 of the Federal Aviation Regulations (14 CFR part 97) establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs). The complete regulatory description of each SIAP is contained in official FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and § 97.20 of the Federal Aviation Regulations (FAR). The applicable FAA Forms are identified as FAA Forms 8260-3, 8260-4, and 8260-5. Materials incorporated by reference are available for examination or purchase as stated above. 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. The provisions of this amendment state the affected CFR (and FAR) sections, with the types and effective dates of the SIAPs. This amendment also identifies the airport, its location, the procedure identification and the amendment number. The Rule This amendment to part 97 is effective upon publication of each separate SIAP as contained in the transmittal. Some SIAP amendments may have been previously issued by the FAA in a National Flight Data Center (NFDC) 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 amendments may require making them effective in less than 30 days. For the remaining SIAPs, an effective date at least 30 days after publication is provided. Further, the SIAPs contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPs, 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 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 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 May 21, 2004. James J. Ballough, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, part 97 of the Federal Aviation Regulations (14 CFR part 97) is amended by establishing, amending, suspending, or revoking 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: Effective July 8, 2004 Charleston, SC, Charleston Executive, ILS OR LOC RWY 9, Orig-A Houston, TX, Houston-Southwest, LOC/DME RWY 9, Amdt 3A * * * Effective August 5, 2004 Helena/West Helena, AR, Thompson-Robbins, RNAV (GPS) RWY 17, Orig Helena/West Helena, AR, Thompson-Robbins, RNAV (GPS) RWY 35, Orig Helena/West Helena, AR, Thompson-Robbins, VOR RWY 17, Orig Helena/West Helena, AR, Thompson-Robbins, VOR RWY 35, Orig Helena/West Helena, AR, Thompson-Robbins, GPS RWY 17, Orig-A, CANCELLED Helena/West Helena, AR, Thompson-Robbins, GPS RWY 35, Amdt 1A, CANCELLED Palm Springs, CA, Bermuda Dunes, RNAV (GPS) RWY 10, Orig-A Frederick, MD, Frederick Muni, RNAV (GPS) Z RWY 23, Orig-A Gaithersburg, MD, Montgomery County Airpark, RNAV (GPS) RWY 14, Amdt 2A Elmira, NY, Elmira/Corning Regional, RNAV (GPS) RWY 10, Amdt 1 Elmira, NY, Elmira/Corning Regional, RNAV (GPS) RWY 28, Amdt 2 Philadelphia, PA, Philadelphia Intl, ILS OR LOC RWY 9L, Amdt 4A Waco, TX, TSTC Waco, RADAR-1, Amdt 4 Milwaukee, WI, General Mitchell Intl, ILS OR LOC RWY 1L, ILS RWY 1L (CAT II), ILS RWY 1L (CAT III), Amdt 8A The FAA published an Amendment in Docket No. 30413, Amdt No. 3096 to Part 97 of the Federal Aviation Regulations (Vol 69, FR No. 96, Page 28059; dated May 18, 2004) under Section 97.33 effective 8 July 2004, which is hereby rescinded: Goodland, KS, Renner Fld/Goodland Muni, ILS OR LOC/DME RWY 30, Orig-A [FR Doc. 04-12062 Filed 5-28-04; 8:45 am]