Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 11278-11279 [E9-5661]
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11278
Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
14 CFR Part 97
[Docket No. 30657; Amdt. No. 3313]
Standard Instrument Approach
Procedures, and Takeoff Minimums
and Obstacle Departure Procedures;
Miscellaneous Amendments
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
dwashington3 on PROD1PC60 with RULES
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 March 17,
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 March 17,
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: https://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
VerDate Nov<24>2008
14:14 Mar 16, 2009
Jkt 217001
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.
(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.
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.
Issued in Washington, DC, on March 6,
2009.
John M. Allen,
Director, Flight Standards Service.
The Rule
Adoption of the Amendment
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
■
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
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).
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:
■
E:\FR\FM\17MRR1.SGM
17MRR1
Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulations
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:
■
FDC date
State
§§ 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;
City
Airport
§ 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.
FDC No.
02/20/09 ......
02/23/09 ......
SC
MD
NEWBERRY ....................
FREDERICK ....................
NEWBERRY COUNTY ........................
FREDERICK MUNI ..............................
9/6480
9/6582
02/27/09
03/03/09
03/03/09
03/03/09
03/03/09
......
......
......
......
......
NY
ID
ID
ID
CA
BATAVIA .........................
CALDWELL .....................
CALDWELL .....................
CALDWELL .....................
MODESTO ......................
9/7308
9/7641
9/7642
9/7643
9/7694
03/03/09 ......
KS
WICHITA .........................
GENESEE COUNTY ...........................
CALDWELL INDUSTRIAL ...................
CALDWELL INDUSTRIAL ...................
CALDWELL INDUSTRIAL ...................
MODESTO CITY-CO-HARRY SHAM
FLD.
BEECH FACTORY ..............................
03/03/09 ......
KS
WICHITA .........................
BEECH FACTORY ..............................
9/7697
Pharmacy Operations Directorate,
TRICARE Management Activity,
telephone 703–681–2890.
SUPPLEMENTARY INFORMATION:
[FR Doc. E9–5661 Filed 3–16–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[DoD–2008–HA–0029; 0720–AB22]
Civilian Health and Medical Program of
the Uniformed Services (CHAMPUS)/
TRICARE: Inclusion of TRICARE Retail
Pharmacy Program in Federal
Procurement of Pharmaceuticals
dwashington3 on PROD1PC60 with RULES
AGENCY: Office of the Secretary,
Department of Defense (DoD).
ACTION: Final rule.
SUMMARY: Section 703 of the National
Defense Authorization Act for Fiscal
Year 2008 (NDAA–08) states with
respect to any prescription filled on or
after the date of enactment of the
NDAA, the TRICARE Retail Pharmacy
Program shall be treated as an element
of the DoD for purposes of procurement
of drugs by Federal agencies under
section 8126 of title 38, United States
Code (U.S.C.), to the extent necessary to
ensure pharmaceuticals paid for by the
DoD that are provided by network retail
pharmacies under the program to
eligible covered beneficiaries are subject
to the pricing standards in such section
8126. NDAA–08 was enacted on January
28, 2008. The statute requires
implementing regulations. This final
rule is to implement section 703 of the
NDAA–08.
DATES: Effective Date: This final rule is
effective May 26, 2009.
FOR FURTHER INFORMATION CONTACT: Rear
Admiral Thomas McGinnis, Chief,
VerDate Nov<24>2008
14:14 Mar 16, 2009
Jkt 217001
A. Background
Section 703 of the National Defense
Authorization Act for Fiscal Year 2008
(NDAA–08) (Pub. L. 110–181) enacted
10 U.S.C. 1074g(f). It provides that with
respect to any prescription filled on or
after the date of enactment of the
NDAA, the TRICARE Retail Pharmacy
Program shall be treated as an element
of the DoD for purposes of procurement
of drugs by Federal agencies under
section 8126 of title 38, United States
Code (U.S.C.), to the extent necessary to
ensure pharmaceuticals paid for by the
DoD that are provided by network retail
pharmacies under the program to
eligible covered beneficiaries are subject
to the pricing standards in such section
8126. NDAA–08 was enacted on January
28, 2008. The statute requires
implementing regulations.
The Veterans Health Care Act (VHCA)
of 1992, codified at 38 U.S.C. 8126,
established Federal Ceiling Prices
(FCPs) of covered pharmaceuticals
(requiring a minimum 24% discount off
non-Federal average manufacturing
prices—‘‘non-FAMP’’) procured by the
four designated agencies covered in the
Act: Department of Veterans Affairs
(VA), DoD, Coast Guard, and the Public
Health Service/Indian Health Service.
The non-FAMP is the average price paid
to the manufacturer by wholesalers (or,
if there are insufficient wholesale sales,
others who purchase directly from the
manufacturer) for drugs distributed to
non-federal purchasers, taking into
account any cash discounts or similar
reductions given to those purchasers.
The VA administers the VHCA discount
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
11279
9/7696
Subject
NDB RWY 22, AMDT 6.
ILS OR LOC RWY 23, AMDT
5B.
ILS OR LOC RWY 28, AMDT 6.
NDB RWY 30, AMDT 1.
RNAV (GPS) RWY 30, AMDT 1.
RNAV (GPS) RWY 12, AMDT 1.
ILS OR LOC/DME RWY 28R,
AMDT 14.
VOR/DME RNAV RWY 36,
ORIG.
VOR/DME RNAV RWY 18,
ORIG.
program on behalf of the four specified
agencies. The DoD consulted closely
with the VA in the development of this
final rule and also, consistent with 10
U.S.C. 1073, consulted with the
Departments of Health and Human
Services and Homeland Security.
The TRICARE Pharmacy Benefits
Program operates under the authority of
10 U.S.C. 1074g. It provides outpatient
drugs to TRICARE beneficiaries through
Military Treatment Facility (MTF)
pharmacies, the TRICARE mail order
pharmacy program (TMOP), and a
TRICARE Retail Pharmacy program
consisting of TRICARE Retail Pharmacy
Network and retail non-network
pharmacies. As implemented, the new
statutory requirement will only apply to
pharmaceuticals paid for by DoD and
provided to eligible beneficiaries
through the TRICARE Retail Pharmacy
Network. There are approximately
60,000 retail pharmacies in the Retail
Pharmacy Network. Section 1074g
requires DoD to establish a Uniform
Formulary of pharmaceutical agents,
selected based on clinical and cost
effectiveness, as evaluated by the DoD
Pharmacy and Therapeutics (P&T)
Committee, reviewed by the Beneficiary
Advisory Panel, and decided by the
Director, TRICARE Management
Activity (TMA). The Uniform Formulary
has three tiers: Tier 1 contains generic
drugs; Tier 2 brand name Uniform
Formulary drugs; and Tier 3 nonFormulary drugs. Drugs in all three tiers
are covered by the TRICARE Pharmacy
Benefits Program, but cost sharing and
other program differences encourage the
use of generic drugs and Uniform
Formulary brand name drugs.
The TRICARE Retail Pharmacy
Network is managed under a single
Pharmacy Benefits Manager contract,
E:\FR\FM\17MRR1.SGM
17MRR1
Agencies
[Federal Register Volume 74, Number 50 (Tuesday, March 17, 2009)]
[Rules and Regulations]
[Pages 11278-11279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5661]
[[Page 11278]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 97
[Docket No. 30657; Amdt. No. 3313]
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 March 17, 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 March 17, 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: https://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
Sec. 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 March 6, 2009.
John M. Allen,
Director, Flight Standards Service.
Adoption of the Amendment
0
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
0
1. The authority citation for part 97 continues to read as follows:
[[Page 11279]]
Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.
0
2. Part 97 is amended to read as follows:
Sec. Sec. 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, and
97.35 [Amended]
By amending: Sec. 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec. 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec. 97.29 ILS, ILS/DME, ISMLS, MLS/DME, MLS/RNAV;
Sec. 97.31 RADAR SIAPs; Sec. 97.33 RNAV SIAPs; and Sec. 97.35 COPTER
SIAPs.
--------------------------------------------------------------------------------------------------------------------------------------------------------
FDC date State City Airport FDC No. Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
02/20/09............... SC NEWBERRY.............. NEWBERRY COUNTY....... 9/6480 NDB RWY 22, AMDT 6.
02/23/09............... MD FREDERICK............. FREDERICK MUNI........ 9/6582 ILS OR LOC RWY 23, AMDT 5B.
02/27/09............... NY BATAVIA............... GENESEE COUNTY........ 9/7308 ILS OR LOC RWY 28, AMDT 6.
03/03/09............... ID CALDWELL.............. CALDWELL INDUSTRIAL... 9/7641 NDB RWY 30, AMDT 1.
03/03/09............... ID CALDWELL.............. CALDWELL INDUSTRIAL... 9/7642 RNAV (GPS) RWY 30, AMDT 1.
03/03/09............... ID CALDWELL.............. CALDWELL INDUSTRIAL... 9/7643 RNAV (GPS) RWY 12, AMDT 1.
03/03/09............... CA MODESTO............... MODESTO CITY-CO-HARRY 9/7694 ILS OR LOC/DME RWY 28R, AMDT 14.
SHAM FLD.
03/03/09............... KS WICHITA............... BEECH FACTORY......... 9/7696 VOR/DME RNAV RWY 36, ORIG.
03/03/09............... KS WICHITA............... BEECH FACTORY......... 9/7697 VOR/DME RNAV RWY 18, ORIG.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. E9-5661 Filed 3-16-09; 8:45 am]
BILLING CODE 4910-13-P