[Federal Register Volume 88, Number 37 (Friday, February 24, 2023)]
[Rules and Regulations]
[Pages 11787-11788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03626]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31473; Amdt. No. 4048]


Standard Instrument Approach Procedures, and Takeoff Minimums and 
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule amends, suspends, or removes 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 for the 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 February 24, 2023. 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 February 24, 2023.

ADDRESSES: Availability of matter incorporated by reference in the 
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New 
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the 
affected airport is located;
    3. The office of Aeronautical Information Services, 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, email 
[email protected] or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free 
of charge. Visit the National Flight Data Center online at nfdc.faa.gov 
to register. Additionally, individual SIAP and Takeoff Minimums and ODP 
copies may be obtained from the FAA Air Traffic Organization Service 
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures 
and Airspace Group, Flight Technologies and Procedures Division, Flight 
Standards Service, Federal Aviation Administration. Mailing Address: 
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace 
Group, 6500 South MacArthur Blvd., STB Annex, Bldg 26, Room 217, 
Oklahoma City, OK 73099. Telephone: (405) 954-4164.

SUPPLEMENTARY INFORMATION: This rule amends 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 (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is 
incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 
CFR 97.20. 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 on FAA form 
documents is unnecessary. This amendment provides the affected CFR 
sections, and specifies the SIAPs and Takeoff Minimums and ODPs with 
their applicable effective dates. This amendment also identifies the 
airport and its location, the procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as 
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff 
Minimums and ODPs as identified in the amendatory language for Part 97 
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of 
each separate SIAP and Takeoff Minimums and ODP as amended in the 
transmittal. For safety and timeliness of change considerations, this 
amendment incorporates only specific changes contained for each SIAP 
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC 
permanent NOTAM, and contained in this amendment are based on criteria 
contained in the U.S. Standard for Terminal Instrument Procedures 
(TERPS). In developing these changes to SIAPs and Takeoff Minimums and 
ODPs, 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 that created the need for these SIAP and Takeoff 
Minimums and ODP amendments require making them effective in less than 
30 days.
    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 under 5 U.S.C. 553(b) are 
impracticable and contrary to the public interest and, where 
applicable, under 5 U.S.C. 553(d), good cause exists for making these 
SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an 
established body of technical regulations for which

[[Page 11788]]

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, 
Navigation (Air).

    Issued in Washington, DC, on February 3, 2023.
Thomas J. Nichols,
Aviation Safety, Flight Standards Service, Manager, Standards Section, 
Flight Procedures & Airspace Group, Flight Technologies & Procedures 
Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, 14 CFR part 
97 is amended by amending Standard Instrument Approach Procedures and 
Takeoff Minimums and ODPs, 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:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114, 
40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    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, MLS, MLS/DME, MLS/RNAV; 
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER 
SIAPs, Identified as follows:

* * * Effective Upon Publication

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      AIRAC date          State           City            Airport        FDC No.      FDC date       Subject
----------------------------------------------------------------------------------------------------------------
23-Mar-23............  CA           San Diego.......  Brown Fld Muni.       3/0392      1/18/23  RNAV (GPS) RWY
                                                                                                  8L, Amdt 1C.
23-Mar-23............  CA           San Diego.......  Brown Fld Muni.       3/0395      1/18/23  VOR OR TACAN-A,
                                                                                                  Orig.
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[FR Doc. 2023-03626 Filed 2-23-23; 8:45 am]
BILLING CODE 4910-13-P