Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 11278-11279 [E9-5661]

Download as PDF 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]]

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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.
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[FR Doc. E9-5661 Filed 3-16-09; 8:45 am]
BILLING CODE 4910-13-P
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