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Code · REGISTER · 2007-11-16 · Federal Aviation Administration (FAA), Department of Transportation (DOT) · Rules and Regulations

Rules and Regulations. Final rule; correction

5,520 words·~25 min read·/register/2007/11/16/07-5682

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-0076; Directorate Identifier 2007-NM-241-AD; Amendment 39-15246; AD 2007-22-10] RIN 2120-AA64 Airworthiness Directives; Airbus Model A330-200, A330-300, A340-200, A340-300, A340-500, and A340-600 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; correction. SUMMARY: The FAA is correcting a typographical error in an existing airworthiness directive
(AD)that was published in the **Federal Register** on November 1, 2007 (72 FR 61796). The error resulted in an error in an airplane series number identified in Table 2 of the AD. This AD applies to all Airbus Model A330-200, A330-300, A340-200, A340-300, A340-500, and A340-600 series airplanes. This AD requires repetitive detailed visual inspections for cracking of the LH (left hand) and RH (right hand) wing MLG (main landing gear) rib 6 aft bearing lugs, and repair or replacement of the MLG rib 6 fitting, if necessary. DATES: Effective November 16, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://www.regulations.gov* ; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-2797; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: On October 24, 2007, the FAA issued AD 2007-22-10, amendment 39-15246 (72 FR 61796, November 1, 2007), for all Airbus Model A330-200, A330-300, A340-200, A340-300, A340-500, and A340-600 series airplanes. The AD requires repetitive detailed visual inspections for cracking of the LH (left hand) and RH (right hand) wing MLG (main landing gear) rib 6 aft bearing lugs, and repair or replacement of the MLG rib 6 fitting, if necessary. As published, Table 2 of the AD states that certain repetitive inspection intervals apply to Model “A300-300 series airplanes, except WV27.” That sentence contains a typographical error and, instead, should state that those repetitive inspection intervals apply to Model “A340-300 series airplanes, except WV27.” No other part of the regulatory information has been changed; therefore, the final rule is not republished in the **Federal Register** . The effective date of this AD remains November 16, 2007. § 39.13 [Corrected] In the **Federal Register** of November 1, 2007, on page 61799, Table 2 of AD 2007-22-10 is corrected to read as follows: Table 2.—Repetitive Inspection Intervals Model Interval (whichever occurs first) A330-200 series airplanes 300 flight cycles or 1,500 flight hours. A330-300 series airplanes 300 flight cycles or 900 flight hours. A340-200 series airplanes 200 flight cycles or 800 flight hours. A340-300 Series airplanes, except WV27 200 flight cycles or 800 flight hours. A340-300 series airplanes, WV27 200 flight cycles or 400 flight hours. A340-500 and -600 series airplanes 100 flight cycles or 500 flight hours. Issued in Renton, Washington, on November 7, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-22305 Filed 11-15-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30579; Amdt. No. 3244] Standard Instrument Approach Procedures; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This rule amends Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of changes in the National Airspace System, such as the commissioning of new navigational facilities, adding of 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 November 16, 2007. 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 November 16, 2007. 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. 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 November 2, 2007. 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 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, ISMLS, 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 10/18/07 NJ LAKEWOOD LAKEWOOD 7/0649 VOR RWY 6, AMDT 6A. 10/18/07 NJ LAKEWOOD LAKEWOOD 7/0650 RNAV
(GPS)RWY 24, ORIG-A. 10/18/07 NJ LAKEWOOD LAKEWOOD 7/0651 RNAV
(GPS)RWY 6, ORIG-A. 10/22/07 GA ATLANTA DEKALB-PEACHTREE 7/1070 RNAV
(GPS)RWY 20L, ORIG. 10/23/07 AQ PAGO PAGO PAGO PAGO INTL 7/1356 ILS/DME RWY 5, AMDT 13A . 10/25/07 NY BATAVIA GENESEE COUNTY 7/1735 VOR/DME OR GPS-A, AMDT 5. 10/26/07 NH PORTSMOUTH PORTSMOUTH INTL 7/2088 VOR OR GPS RWY 34, ORIG-B. 10/26/07 NC WILMINGTON WILMINGTON INTL 7/2089 ILS RWY 35, AMDT 20C. [FR Doc. E7-22246 Filed 11-15-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30578 ; Amdt. No. 3243] 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 November 16, 2007. 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 November 16, 2007. 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 *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 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 regulatory 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. Thus, 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 SIAPs, 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 procedure 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 November 2, 2007. James J. Ballough, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, under 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 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 20 DEC 2007 Kenai, AK, Kenai Muni, ILS OR LOC RWY 19R, Amdt 3 King Salmon, AK, King Salmon, ILS OR LOC/DME RWY 11, Amdt 16 King Salmon, AK, King Salmon, LOC/DME BC RWY 29, Amdt 3 Kotzebue, AK, Ralph Wien Memorial, RNAV
(GPS)RWY 9, Amdt 1A Benton, AR, Saline County Regional, LOC/DME RWY 2, Orig Benton, AR, Saline County Regional, Takeoff Minimums and Obstacle DP, Orig Merced, CA, Merced Muni/Macready Field, VOR RWY 30, Orig San Francisco, CA, San Francisco Intl, LDA/DME RWY 28R, Amdt 1 San Francisco, CA, San Francisco Intl, LDA PRM RWY 28R, Amdt 1 (Simultaneous Close Parallel) San Francisco, CA, San Francisco Intl, ILS PRM RWY 28L, Amdt 1 (Simultaneous Close Parallel) San Francisco, CA, San Francisco Intl, ILS OR LOC RWY 28L, Amdt 22 Grand Junction, CO, Grand Junction Rgnl, ILS OR LOC RWY 11, Amdt 15 Washington, DC, Ronald Reagan Washington National, VOR RWY 15, Amdt 9C, CANCELLED Washington, DC, Ronald Reagan Washington National, RNAV
(RNP)RWY 1, Orig Lakeland, FL, Lakeland Linder Regional, VOR RWY 27, Amdt 7A Marathon, FL, The Florida Keys Marathon, RNAV
(GPS)RWY 7, Orig Marathon, FL, The Florida Keys Marathon, RNAV
(GPS)RWY 25, Orig Marathon, FL, The Florida Keys Marathon, NDB-A, Orig Marathon, FL, The Florida Keys Marathon, NDB OR GPS RWY 7, Amdt 3B (CANCELLED) Marathon, FL, The Florida Keys Marathon, Takeoff Minimums and Obstacle DP, Amdt 1 Orlando, FL, Orlando Intl, VOR RWY 18L, Amdt 3C, CANCELLED Orlando, FL, Orlando Intl, VOR RWY 18R, Amdt 3C, CANCELLED St. Petersburg/Clearwater, FL, St. Petersburg-Clearwater Intl, RNAV (GPS)-A, Orig-A Canton, GA, Cherokee County, RNAV
(GPS)RWY 22, Orig Canton, GA, Cherokee County, NDB RWY 4, Amdt 3 Canton, GA, Cherokee County, Takeoff Minimums and Obstacle DP, Amdt 1 Cordele, GA, Crisp County-Cordele, NDB RWY 10, Amdt 5 Vidalia, GA, Vidalia Regional, RNAV
(GPS)RWY 24, Orig-B Corning, IA, Corning Muni, Takeoff Minimums and Obstacle DP, Amdt 2 Nampa, ID, Nampa Muni, RNAV
(GPS)RWY 11, Orig-A Chicago/Prospect Hgts/Wheeling, IL, Chicago Executive, ILS OR LOC RWY 16, Amdt 2 Chicago/Prospect Hgts/Wheeling, IL, Chicago Executive, RNAV
(GPS)RWY 16, Orig Chicago/Prospect Hgts/Wheeling, IL, Chicago Executive, GPS RWY 16, Orig-A, CANCELLED Litchfield, IL, Litchfield Muni, RNAV
(GPS)RWY 18, Orig-A Litchfield, IL, Litchfield Muni, RNAV
(GPS)RWY 36, Orig-A Gary, IN, Gary/Chicago Intl, ILS OR LOC RWY 30, Amdt 5 Indianapolis, IN, Indianapolis International, VOR RWY 14, Amdt 26, CANCELLED Glasgow, KY, Glasgow Muni, Takeoff Minimums and Obstacle DP, Orig Somerset, KY, Somerset-Pulaski Co-JT Wilson, RNAV
(GPS)Y RWY 5, Amdt 2 Somerset, KY, Somerset-Pulaski Co-JT Wilson, RNAV
(GPS)Z RWY 5, Orig Williamsburg, KY, Williamsburg-Whitley County, RNAV
(GPS)RWY 20, Orig-A Lafayette, LA, Lafayette Regional, NDB OR GPS RWY 22L, Amdt 4B, CANCELLED Leonardtown, MD, St. Mary's County Rgnl, RNAV
(GPS)RWY 11, Orig-A Detroit, MI, Detroit Metropolitan Wayne County, VOR RWY 22L, Amdt 1F, CANCELLED Bolivar, MO, Bolivar Municipal, RNAV
(GPS)RWY 36, Orig-A Jefferson City, MO, Jefferson City Memorial, Takeoff Minimums and Obstacle DP, Amdt 7 Kansas City, MO, Kansas City Intl, VOR/DME OR TACAN RWY 1L, Orig-A, CANCELLED Kansas City, MO, Kansas City Intl, VOR/DME OR TACAN RWY 19R, Orig-A, CANCELLED Kansas City, MO, Kansas City Intl, VOR/DME OR TACAN RWY 27, Orig, CANCELLED Monett, MO, Monett Muni, RNAV
(GPS)RWY 18, Orig-A Monett, MO, Monett Muni, RNAV
(GPS)RWY 36, Orig-A Monticello, MO, Lewis County Regional, RNAV
(GPS)RWY 18, Orig-A Monticello, MO, Lewis County Regional, RNAV
(GPS)RWY 36, Orig-A St. Louis, MO, Creve Coeur, RNAV
(GPS)RWY 16, Amdt 1 St. Louis, MO, Creve Coeur, RNAV
(GPS)RWY 34, Amdt 1 St. Louis, MO, Creve Coeur, Takeoff Minimums and Obstacle DP, Amdt 2 Warrensburg, MO, Skyhaven, RNAV
(GPS)RWY 18, Orig-A Warrensburg, MO, Skyhaven, RNAV
(GPS)RWY 36, Orig-A Raymond, MS, John Bell Williams, Takeoff Minimums and Obstacle DP, Amdt 3 Alliance, NE, Alliance Muni, LOC/DME RWY 30, Orig McCook, NE, McCook Regional, ILS OR LOC/DME RWY 12, Orig McCook, NE, McCook Regional, RNAV
(GPS)RWY 12, Amdt 1 McCook, NE, McCook Regional, VOR RWY 12, Amdt 12 McCook, NE, McCook Regional, LOC/DME RWY 12, Orig, CANCELLED McCook, NE, McCook Regional, Takeoff Minimums and Obstacle DP, Orig Oshkosh, NE, Garden County, RNAV
(GPS)RWY 12, Amdt 1 Jamestown, ND, Jamestown Regional, ILS OR LOC RWY 31, Amdt 7D Bowling Green, OH, Wood County, RNAV
(GPS)RWY 10, Orig-A Bowling Green, OH, Wood County, RNAV
(GPS)RWY 18, Orig-A Bowling Green, OH, Wood County, RNAV
(GPS)RWY 28, Orig-A Oklahoma City, OK, Clarence E. Page Muni, RNAV
(GPS)RWY 17R, Amdt 1A Oklahoma City, OK, Clarence E. Page Muni, RNAV
(GPS)RWY 35L, Amdt 1A Ponca City, OK, Ponca City Regional, ILS OR LOC/DME RWY 17, Amdt 2 Ponca City, OK, Ponca City Regional, Takeoff Minimums and Obstacle DP, Orig Annville, PA, Millard, VOR/DME OR GPS-A, Amdt 3, CANCELLED Annville, PA, Millard, Takeoff Minimums and Obstacle DP, Orig, CANCELLED Newport, RI, Newport State, Takeoff Minimums and Obstacle DP, Amdt 3 Memphis, TN, Memphis Intl, VOR/DME RWY 18R, Orig-A, CANCELLED Ballinger, TX, Bruce Field, RNAV
(GPS)RWY 35, Orig-A Laredo, TX, Laredo Intl, RNAV
(GPS)RWY 32, Orig Laredo, TX, Laredo Intl, VOR OR TACAN RWY 32, Amdt 10 Port Lavaca, TX, Calhoun County, RNAV
(GPS)RWY 14, Amdt 1 Port Lavaca, TX, Calhoun County, Takeoff Minimums and Obstacle DP, Orig Culpeper, VA, Culpeper Rgnl, RNAV
(GPS)RWY 4, Orig Culpeper, VA, Culpeper Rgnl, RNAV
(GPS)RWY 22, Orig Culpeper, VA, Culpeper Rgnl, NDB OR GPS-B, Orig-A, CANCELLED Culpeper, VA, Culpeper Rgnl, VOR/DME RNAV OR GPS RWY 22, Amdt 1B, CANCELLED Petersburg, VA, Dinwiddie County, VOR RWY 23, Amdt 6 Petersburg, VA, Dinwiddie County, LOC RWY 5, Amdt 2 Petersburg, VA, Dinwiddie County, RNAV
(GPS)RWY 5, Amdt 1 Petersburg, VA, Dinwiddie County, RNAV
(GPS)RWY 23, Amdt 1 Petersburg, VA, Dinwiddie County, Takeoff Minimums and Obstacle DP, Orig Port Angeles, WA, William R. Fairchild Intl, ILS OR LOC RWY 8, Amdt 2A Port Angeles, WA, William R. Fairchild Intl, RNAV
(GPS)RWY 8, Orig-A Seattle, WA, Boeing Field/King County Intl, RNAV
(RNP)Z RWY 13R, Orig Vancouver, WA, Pearson Field, Takeoff Minimums and Obstacle DP, Amdt 2 Walla Walla, WA, Walla Walla Regional, RNAV
(GPS)RWY 2, Amdt 1 Yakima, WA, Yakima Air Terminal/Mcallister Field, ILS RWY 27, Amdt 26D Green Bay, WI, Austin Straubel Intl, Takeoff Minimums and Obstacle DP, Amdt 2 Middleton, WI, Middleton Muni-Morey Field, RNAV
(GPS)RWY 28, Amdt 1A Waukesha, WI, Waukesha County, ILS OR LOC RWY 10, Amdt 1 [FR Doc. E7-22206 Filed 11-15-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF DEFENSE Office of the Secretary [DoD-2007-HA-0015; RIN 0720-AB13] 32 CFR Part 199 TRICARE; Expansion of Geographic Scope of the TRICARE Retiree Dental Program AGENCY: Office of the Secretary, Department of Defense. ACTION: Final rule. SUMMARY: This final rule expands the geographic scope of the TRICARE Retiree Dental Program
(TRDP)to overseas locations not currently covered by the program. At this time, TRDP is applicable only in the 50 United States (U.S.) and the District of Columbia, Canada, Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands. Expanding the geographic scope of the program will ensure that all TRICARE-eligible retirees are eligible for the same dental benefits, regardless of their location. There are no additional Government costs associated with this final expansion of TRDP overseas as TRDP costs are borne entirely by enrollees through premium payments. DATES: *Effective Date:* This rule is effective November 16, 2007. FOR FURTHER INFORMATION CONTACT: Col. Gary Martin, Office of the Assistant Secretary of Defense (Health Affairs), TRICARE Management Activity, telephone
(703)681-0039. SUPPLEMENTARY INFORMATION: I. Summary of Final Rule Provisions This final rule expands the geographic scope of TRDP to overseas locations not currently covered by the program. Although 10 U.S.C. 1076c does not restrict the geographic availability of the TRDP, per 32 CFR 199.22(b)(3), TRDP is currently limited to the 50 United States and the District of Columbia, Canada, Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands. Expanding the geographic scope of the program will ensure that all TRICARE-eligible retirees are eligible for the same dental benefits, regardless of their location. This expansion of the geographic scope of the TRDP program is based upon feedback from the TRICARE-eligible retiree community which indicated that there is a demand for this program in all overseas locations. Although the TRDP is administered in a manner similar to the TRICARE Dental Program (TDP), there are significant differences in program funding. TDP costs are shared for two of the four eligible categories of TDP enrollees between the enrollees and the Department of Defense; however, for the other two categories of TDP enrollees, and all TRDP enrollees, costs are borne entirely by enrollees through premium payments. Enrollees are also responsible for any dental costs in excess of the TRDP coverage limits, and the contractor is solely responsible for any program costs in excess of annual premium payments. Therefore, there are no additional Government costs associated with this expansion of TRDP coverage overseas. Specific methods of TRDP program administration, payment rates and procedures, provider licensure and certification requirements, and other program elements may differ by location to the extent necessary for the effective and efficient operation of the plan. These differences may include, but are not limited to, specific provisions for preauthorization of care, varying licensure and certification requirements for foreign providers, and other differences based on limitations in the availability and capabilities of the Uniformed Services overseas dental treatment facilities and a particular nation's civilian sector providers in certain areas. II. Review of Public Comments We provided a 60-day comment period on the proposed rule which was published in the **Federal Register** on April 16, 2007 (72 FR 18927). No comments were received. III. Regulatory Procedures Executive Order 12866 directs agencies to assess all costs and benefits available, regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). The Order classifies a rule as a significant regulatory action requiring review by the Office of Management and Budget
(OMB)if it meets any one of a number of specified conditions, including having an annual effect on the national economy of $100 million or more, creating a serious inconsistency or interfering with an action of another agency, materially altering the budgetary impact of entitlements or the rights of entitlement recipients, or raising novel legal or policy issues. DoD has examined the economic, legal, and policy implications of this final rule and has concluded that it is a significant regulatory action because it may raise novel legal or policy issues of enhancing the dental health of military retirees and their dependents who reside overseas. The changes set forth in the final rule to the existing regulation do not change the basic TRDP benefit structure. The Regulatory Flexibility Act
(RFA)requires that each Federal Agency prepare and make available for public comment, a regulatory flexibility analysis when the agency issues a Regulation which would have a significant impact on a substantial number of small entities. This final rule does not have a significant impact on small entities. This final rule is not a major rule under the Congressional Review Act because its economic impact will be less than $100 million. Executive Order 13132 requires that each Federal Agency shall consult with State and local officials and obtain their input if a rule has federalism implications which 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 the various levels of government. We have examined the impact of the final rule under Executive Order 13132 and it does not have policies that have federalism implications that would 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 the various levels of government; therefore, consultation with State and local officials is not required. This rule contains a collection-of-information requirement subject to the Paperwork Reduction Act
(PRA)of 1995 (44 U.S.C. 3501-3511) and which has been approved by OMB under control number 0720-0015. This rule will not change this requirement, but will only increase the number of beneficiaries who are eligible to enroll in the TDRP by approximately 100,000 people. Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Respondents should be aware that notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. This rule does not contain unfunded mandates. It does not contain a Federal mandate that may result in the expenditure by State, local and tribunal governments, in aggregate, or by the private sector, of $100 million or more in any one year. List of Subjects in 32 CFR Part 199 Claims, Dental health, Health care, Health insurance, Individuals with disabilities, Military personnel. Accordingly, 32 CFR part 199 is amended as follows: PART 199—[AMENDED] 1. The authority citation for part 199 continues to read as follows: Authority: 5 U.S.C. 301; 10 U.S.C. chapter 55. 2. § 199.22 is amended by revising paragraph (b)(3) to read as follows: § 199.22 TRICARE Retiree Dental Program (TRDP).
(b)* * *
(3)*Geographic scope.*
(i)The TRDP is applicable to authorized providers in the 50 United States and the District of Columbia, Canada, Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands.
(ii)The Assistant Secretary of Defense (Health Affairs) (ASD (HA)) may extend the TRDP to geographic areas other than those specified in paragraph (b)(3)(i) of this section. In extending the TRDP overseas, the ASD
(HA)is authorized to establish program elements, methods of administration, and payment rates and procedures that are different from those in effect for the areas specified in paragraph (b)(3)(i) of this section to the extent the ASD (HA), or designee, determines necessary for the effective and efficient operation of the TRDP. These differences may include, but are not limited to, specific provisions for preauthorization of care, varying licensure and certification requirements for foreign providers, and other differences based on limitations in the availability and capabilities of the Uniformed Services overseas dental treatment facilities and a particular nation's civilian sector providers in certain areas. The Director, TRICARE Management Activity shall issue guidance, as necessary, to implement the provisions of this paragraph. TRDP enrollees residing in overseas locations will be eligible for the same benefits as enrollees residing in the continental United States, although dental services may not be available or accessible in all locations. Dated: November 9, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E7-22445 Filed 11-15-07; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF DEFENSE Department of the Army 32 CFR Part 519 Publication of Rules Affecting the Public AGENCY: Department of the Army, DoD. ACTION: Final rule; removal. SUMMARY: This action removes 32 CFR Part 519, Publication of Rules Affecting the Public, published in the **Federal Register** , August 6, 2004 (69 FR 47766). The rule is being removed because it does not place requirements on the public but merely prescribes procedures for Army proponents to follow for rulemaking and the publishing of items in the **Federal Register** . DATES: Effective November 16, 2007. ADDRESSES: U.S. Army Records Management and Declassification Agency, (AAHS-RDR-C), 7701 Telegraph Road, Alexandria, VA 22315-3860. FOR FURTHER INFORMATION CONTACT: Ms. Brenda Bowen,
(703)428-6422. SUPPLEMENTARY INFORMATION: The Office of the Administrative Assistant to the Secretary of the Army, is the proponent for the regulation represented in 32 CFR part 519, and has concluded this regulation does not affect the public. The Army is not required to publish matters that are related solely to the internal personnel rules and practices of any agency. Therefore, it would be helpful in avoiding confusion with the public if 32 CFR part 519, is removed. List of Subjects in 32 CFR Part 519 Administrative practices and procedures. PART 519—[REMOVED] Accordingly, for reasons stated in the preamble, under the authority of Sec. 3012, Public Law 84-1028, 70A Stat. 157, (10 U.S.C. 3013); sec. 3, Public Law 79-404, 60 Stat. 238, (5 U.S.C. 552), 32 CFR Part 519, *Publication of Rules Affecting the Public* , is removed in its entirety. Brenda S. Bowen, Army Federal Register Liaison Officer. [FR Doc. 07-5682 Filed 11-15-07; 8:45 am]
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