[Federal Register: April 3, 2008 (Volume 73, Number 65)]
[Rules and Regulations]
[Page 18151-18152]
[DOCID:fr03ap08-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-0341; Airspace Docket No. 07-AAL-19]

Establishment of Class E Airspace; Kobuk, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final Rule.

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SUMMARY: This action establishes Class E airspace at Kobuk, AK to
provide adequate controlled airspace to contain aircraft executing
Standard Instrument Approach Procedures (SIAPs). Two new SIAPs and a
textual departure procedure (DP) are being developed for the Kobuk
Airport. This action establishes existing Class E airspace upward from
700 feet (ft.) and 1,200 ft. above the surface at Kobuk Airport, Kobuk,
AK.

DATES: Effective Date: 0901 UTC, June 5, 2008. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, AAL-538G, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.alaska.faa.gov/at.

SUPPLEMENTARY INFORMATION:

History

    On Friday, February 1, 2008, the FAA proposed to amend part 71 of
the Federal Aviation Regulations (14 CFR part 71) to establish Class E
airspace upward from 700 ft. above the surface and from 1,200 ft. above
the surface at Kobuk, AK (73 FR 6056). The action was proposed in order
to create Class E airspace sufficient in size to contain aircraft while
executing SIAPs for the Kobuk Airport. Class E controlled airspace
extending upward from 700 ft. above the surface and from 1,200 ft.
above the surface in the Kobuk Airport area is established by this
action.
    Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments were received. The rule is adopted as proposed.
    The area will be depicted on aeronautical charts for pilot
reference. The coordinates for this airspace docket are based on North
American Datum 83. The Class E airspace areas designated as 700/1,200
ft. transition areas are published in paragraph 6005 of FAA Order
7400.9R, Airspace Designations and Reporting Points, signed August 15,
2007, and effective September 15, 2007, which is incorporated by
reference in 14 CFR 71.1. The Class E airspace designations listed in
this document will be published subsequently in the Order.

The Rule

    This amendment to 14 CFR part 71 establishes Class E airspace at
the Kobuk Airport, Alaska. This Class E airspace is established to
accommodate aircraft executing new DP and SIAPs, and will be depicted
on aeronautical charts for pilot reference. The intended effect of this
rule is to provide adequate controlled airspace for Instrument Flight
Rules (IFR) operations at the Kobuk Airport, Kobuk, Alaska.
    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. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle 1, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it creates Class E airspace sufficient in size to contain aircraft
executing instrument procedures for the Kobuk Airport and represents
the FAA's continuing effort to safely and efficiently use the navigable
airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9R, Airspace Designations and Reporting
Points, signed August 15, 2007, and effective September 15, 2007, is
amended as follows:
* * * * *

Paragraph 6005 Class E Airspace Extending Upward From 700 Feet or
More Above the Surface of the Earth.

* * * * *

AAL AK E5 Kobuk, AK [New]

Kobuk, Kobuk Airport, AK
    (Lat. 66[deg]54'44'' N., long. 156[deg]53'50'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.7-mile radius of the Kobuk Airport; and that airspace
extending upward from 1,200 feet above the surface within a 73-mile
radius of the Kobuk Airport.
* * * * *

    Issued in Anchorage, AK, on March 24, 2008.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
 [FR Doc. E8-6931 Filed 4-2-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: April 6, 2009 (Volume 74, Number 64)]
[Rules and Regulations]
[Page 15388-15394]
[DOCID:fr06ap09-11]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 373

[Docket No. FMCSA-1997-2290]
RIN 2126-AA25

General Jurisdiction Over Freight Forwarder Service

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Final rule.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) amends
its regulations to require all surface freight forwarders to issue a
receipt or bill of lading on each shipment for which they arrange
transportation of freight by commercial motor vehicle in interstate
commerce. This regulatory change implements amendments enacted in the
ICC Termination Act of 1995 (ICCTA). While the current rule concerning
receipts or bills of lading applies only to household goods freight
forwarders, the new rule applies to both household goods and non-
household goods freight forwarders.

DATES: Effective May 6, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. David Miller, Telephone: (202)
366-5370, E-mail address<EMAIL_ADDRESS>
Availability of Rulemaking Documents

    For access to docket FMCSA-1997-2290 to read background documents
and comments received, go to http://www.regulations.gov at any time or
to U.S. Department of Transportation, Room W12-140, 1200 New Jersey
Ave., SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of DOT's dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). You may
review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477). This statement is also
available at http://www.regulations.gov.

SUPPLEMENTARY INFORMATION:

I. Legal Basis for the Rulemaking

    This final rule is based on the authority of the ICCTA (Pub. L.
104-88, 109 Stat. 803, Dec. 29, 1995). The ICCTA gave the Secretary of
Transportation (Secretary) general jurisdiction over all freight
forwarder service involving transportation in interstate commerce under
49 U.S.C. 13531. Under 49 U.S.C. 13301(a), the Secretary is authorized
to issue regulations to carry out the provisions of the ICCTA
applicable to motor carriers, brokers, and freight forwarders.
    Under 49 U.S.C. 14706(a), motor carriers and freight forwarders
providing transportation or service subject to the Secretary's
jurisdiction must issue a receipt or bill of lading for property
received for transportation. These entities are liable for loss of, or
damage to, the property described in the receipt or bill of lading.
    The statutory requirement to provide a receipt or bill of lading
was implemented in order for claimant parties (shippers) to make a
prima facie case against motor carriers and freight forwarders under
the Carmack amendment.\1\ A receipt or bill of lading provides evidence
that goods were delivered to the carrier or freight forwarder. If goods
are damaged, the receipt or bill of lading can specify the monetary
value of the cargo, i.e., the loss resulting from damage.
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    \1\ The Carmack amendment to the Interstate Commerce Act was
passed in 1906 as part of the Hepburn Act, ch. 5391, 34 Stat. 584.
It established uniform liability procedures for goods transported in
interstate commerce. Its terms are now found at 49 U.S.C. 14706.
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    Part 370 of title 49, Code of Federal Regulations (CFR) (formerly
49 CFR part 1005), sets forth the principles and practices for the
investigation and voluntary disposition of claims for loss, damage,
injury, or delay to cargo handled by motor carriers and freight
forwarders. It implements the Carmack amendment, as does 49 CFR part
373 pertaining to the issuance of receipts and bills of lading by motor
carriers and freight forwarders.

    This final rule harmonizes 49 CFR 373.201, entitled ``Bills of
lading for freight forwarders,'' with the statutory requirements of the
ICCTA. It revises 49 CFR 373.201 to include the general commodities
segment of the freight forwarding industry within its scope. This
revision is consistent with the receipt or bill of lading requirements
imposed on all freight forwarders by 49 U.S.C. 14706(a).
    A more recent legislative provision affecting the freight
forwarding industry, section 4142 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
(Pub. L. 109-59, 119 Stat. 1144, Aug. 10, 2005), authorized the
Secretary to continue registering general commodities freight
forwarders if ``[t]he Secretary finds [(1)] that such registration is
needed for the protection of shippers and [(2)] that the person is fit,
willing, and able to provide the service and to comply with this part
and applicable regulations.'' The Agency found that registration of
general commodities freight forwarders is needed for the protection of
shippers (see 71 FR 50115, Aug. 24, 2006). This finding reaffirmed the
ICCTA mandate requiring FMCSA to register all freight forwarders. Thus,
the FMCSA continues to register all general commodities freight
forwarders subject to its jurisdiction and to require procedures
necessary for the protection of shippers.
    In addition, section 4303(c) of SAFETEA-LU directed FMCSA to
eliminate the distinction between motor common or contract carriers in
registration. Thus, FMCSA makes a technical correction to the existing
rule to eliminate the word ``common'' from within its scope.

II. Background

    In January 1997, the Federal Highway Administration (FHWA), the
predecessor agency to FMCSA within the DOT, issued a notice of proposed
rulemaking (NPRM) (62 FR 4096, Jan. 28, 1997) to amend 49 CFR 373.201,
under the then existing heading ``Bills of Lading for Freight
Forwarders.'' The NPRM proposed to require that all freight forwarders,
not just household goods freight forwarders, issue a receipt or bill of
lading for the transportation of each shipment they arrange for
transportation in interstate commerce.
    As proposed in the NPRM, this final rule amends 49 CFR 373.201,
first by retitling it ``Receipts and bills of lading for freight
forwarders,'' and then by including within its scope all segments of
the freight forwarding industry. This regulation implements the
statutory requirement for issuing a receipt or bill of lading imposed
on all freight forwarders by 49 U.S.C. 14706(a).
    The term freight forwarder is defined at 49 U.S.C. 13102(8) as
follows:

    * * * a person holding itself out to the general public (other
than as a pipeline, rail, motor, or water carrier) to provide
transportation of property for compensation and in the ordinary
course of its business--
    (A) assembles and consolidates, or provides for assembling and
consolidating, shipments and performs or provides for break-bulk and
distribution operations of the shipments;
    (B) assumes responsibility for the transportation from the place
of receipt to the place of destination; and
    (C) uses for any part of the transportation a carrier subject to
jurisdiction under this subtitle.
    The term does not include a person using transportation of an
air carrier subject to part A of subtitle VII [of title 49, U.S.C.].

History

    This rulemaking has a long history, which was explained in detail
in the NPRM. The Surface Freight Forwarder Deregulation Act of 1986
(Pub. L. 99-521, 100 Stat 2993, Oct. 22, 1986) (the Deregulation Act),
substantially deregulated the general commodities segment of the
freight forwarding industry, but it retained the regulation of freight
forwarders that service the transportation of household goods.
    To implement pertinent provisions of the Deregulation Act, the
former ICC made minor revisions in the CFR to exclude general
commodities freight forwarders from the scope of most ICC rules
applicable to freight forwarders. See Ex Parte No. MC-184, Regulation
of Household Goods Freight Forwarders Under the Surface Freight
Forwarder Deregulation Act of 1986, 3 I.C.C. 2d 162 (1986). In its 1986
rulemaking, the ICC did not revise the regulations for the issuance of
bills of lading (former 49 CFR part 1081, now redesignated as 49 CFR
part 373, subpart B) \2\ to exclude general commodities freight
forwarders from their scope because the ICC determined ``[t]he Carmack
amendment requires all carriers and freight forwarders to issue bills
of lading for property they receive (49 U.S.C. 11707(a)(1)) and is
central to its liability provisions.'' See 3 I.C.C. 2d 162 at 166
(1986).
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    \2\ Title 49 CFR part 1081 was redesignated as 49 CFR part 373,
subpart B, on October 21, 1996 (61 FR 54706).
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    In 1990, the ICC issued a final rule (Practice and Procedure--Misc.
Amendments--Revisions, 6 I.C.C. 2d 587 (1990)), which amended former 49
CFR 1081.1 to require only household goods freight forwarders to issue
bills of lading. The ICC did not explain why it was making this change,
in light of its recognition in the 1986 rulemaking proceeding that
general commodities freight forwarders were still subject to Carmack
amendment requirements. Whatever the reason for the regulatory change,
the underlying statutory requirement that all freight forwarders issue
receipts or bills of lading for property they receive or deliver for
transportation in interstate commerce remains unchanged.
    Then, in 1995, ICCTA, at 49 U.S.C. 13531, re-established the
Secretary's jurisdiction over all segments of the freight forwarding
industry. This jurisdiction included the requirement that general
commodities freight forwarders must register to operate in interstate
commerce.

III. Discussion of Comments to the NPRM

    In response to the January 28, 1997, NPRM, FMCSA received 11
comments from freight forwarding entities, trucking companies, shippers
and the Advocates for Highway and Auto Safety (Advocates).\3\ The
following commenters agree with the original proposal to amend part
373. The Health and Personal Care Distribution Conference, Inc., and
National Small Shipments Traffic Conference, Inc., note that the change
to 49 CFR 373.201 is necessary to ``remove an inconsistency in the
regulation.'' Freight Forwarders Council, Transportation
Intermediaries, and Advocates also offer qualified support for the rule
change.
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    \3\ The Agency received comments from Freight Forwarders Council
of America, Inc. (Freight Forwarders Council); Health and Personal
Care Distribution Conference, Inc.; MRS Freight Forwarding Services,
Inc. (MRS); William J. Monheim, STB Practitioner (Monheim); National
Small Shipments Traffic Conference, Inc.; Transportation
Intermediaries Association (Transportation Intermediaries); William
J. Tucker, CTB, president of Tucker Company (Tucker); Unisource
Transportation Services, Inc. (Unisource); and the Advocates. The
Health and Personal Care Distribution Conference, Inc. and National
Small Shipments Traffic Conference, Inc. submitted joint comments
through counsel. MRS and Unisource submitted nearly identical sets
of comments.
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    In contrast, Monheim, MRS, Unisource, and Tucker oppose the
proposed amendment to part 373.

Comments About ICCTA Provisions Unrelated to Freight Forwarders

    In the preamble to the NPRM, the Agency provided information about
a number of new requirements of the ICCTA to help make the public aware
of the statutory changes. Those discussions were informational only and
were not intended to be the basis for this regulatory action. However,
a

substantial percentage of the comments to the docket focused on those
informational discussions.
    FMCSA acknowledges the concerns of the commenters, but their
comments about the informational discussions do not have any bearing on
the substance of the original proposal. Thus, the remainder of the
discussion in the preamble to FMCSA's final rule will focus on the
data, information, and comments related to the Agency's proposal
concerning freight forwarder receipts and bills of lading.

Response to Comments

    The objections are grouped into five categories: A) jurisdictional
boundaries of the Agency over freight forwarders; B) flexible nature of
freight forwarding operations and the extent to which this should be
reflected in Sec.  373.201; C) purpose, scope, and contents of the
receipt or bill of lading; D) role of the bill of lading with respect
to the liability provisions of the Carmack amendment (49 U.S.C. 14706);
and E) other issues of interest. Comments are discussed under these
categories below.

A. Jurisdictional Boundaries

    Necessity for a Rule. MRS and Unisource set forth a number of
arguments against bringing general commodities freight forwarders under
the Secretary's jurisdiction. MRS and Unisource contend that because
the freight forwarding industry neither abuses market power nor
conducts its operations in ways contrary to the public interest, it
should not be burdened with additional regulations and should be
exempted under 49 U.S.C. 13541. Further, they state that the proposed
change to Sec.  373.201 is unnecessary because 49 CFR 1035.1 already
requires all common carriers to issue bills of lading. They add that
the requirement to issue bills of lading also is promulgated at 49 CFR
373.101, 373.103, and 373.105.
    FMSCA Response. This rulemaking proceeding is not the proper forum
for seeking an exemption under section 13541. A specific request for an
exemption would have to be filed with the Agency in order to obtain
such relief. In any event, under 49 U.S.C. 13541, FMCSA (pursuant to
authority delegated by the Secretary) already concluded in August 2006
that continued registration of general freight forwarders is needed to
protect shippers (71 FR 50115, Aug. 24, 2006).
    The FMCSA disagrees with MRS and Unisource's contention that the
proposed change to Sec.  373.201 is unnecessary. Part 1035 applies to
rail and water carriers only, i.e., it does not include motor carriers.
While Sec. Sec.  373.101, 373.103, and 373.105 apply to motor carriers,
they do not apply to freight forwarders.
    Consolidating Station in Terminal Area. MRS and Unisource state
that, if a freight forwarder maintains a consolidating station in a
terminal area, then 49 U.S.C. 13503(a)(1)(B)(iii) exempts the forwarder
from the Agency's jurisdiction when conducting business at its
consolidating station.
    FMCSA Response. FMCSA agrees with MRS and Unisource that local
transfer, collection, or delivery service provided by a freight
forwarder in a terminal area continues to be exempt from the
Secretary's jurisdiction under 49 U.S.C. 13503(a)(1)(B). However, this
does not exempt the freight forwarder from providing a receipt or bill
of lading for property it receives or delivers for regulated
transportation, since this requirement applies to those services
performed outside the terminal area. A receipt or bill of lading issued
inside a terminal area has full validity for regulated transportation
outside the terminal area and in commerce. The requirement to issue a
receipt or bill of lading depends on whether the transportation of
those goods is regulated, not on where the receipt or bill of lading is
issued. A freight forwarder performing assembly or consolidating
services, or any variation on such services, is required under 49
U.S.C. 14706(a) to issue a receipt or bill of lading or provide its
consent to the carrier to do so.
    Applicability of Sec.  373.201. MRS and Unisource question whether
Sec.  373.201 would be applicable in certain cases, and they give
examples. They state that there are instances when the motor carrier,
and not the freight forwarder, consolidates the freight being
transported. They assert that the applicability of Sec.  373.201
depends on the circumstances involved.
    FMCSA Response. FMCSA agrees there are instances when the motor
carrier, and not the freight forwarder, consolidates the freight being
transported. A motor carrier providing consolidating services on behalf
of the freight forwarder may obtain the freight forwarder's consent to
issue the receipt or bill of lading. If, with the consent of the
freight forwarder, the motor carrier issues the required receipt or
bill of lading on behalf of the freight forwarder or delivers property
for a freight forwarder on the freight forwarder's bill of lading, the
freight forwarder has complied with Sec.  373.201.

B. The Flexible Nature of Freight Forwarding Operations, and the Extent
To Which This Should Be Reflected in Sec.  373.201

    Applicability of the Definition of Freight Forwarder. Tucker
criticizes the NPRM preamble for using the statutory definition for the
term freight forwarder.
    FMCSA Response. FMCSA does not have the discretion to alter the
statutory definition for the term freight forwarder. Although we
recognize it may not convey fully the diverse services provided by
agents who choose to represent themselves as freight forwarders today,
FMCSA is required to use the statutory definition for freight
forwarders.
    Flexibility. Freight Forwarders Council, MRS, Unisource, Monheim,
Tucker, and Transportation Intermediaries each asserts that freight
forwarding operations have become increasingly flexible and diversified
in response to changing market conditions. Several of these commenters
also object to portions of the NPRM preamble language that they believe
ignore these operational realities.
    FMCSA Response. This final rule does not contradict the principle
of economic deregulation that was reaffirmed in the ICCTA, nor does
this action undermine the fundamental diversity and nature of freight
forwarder operations. Regardless of whether a freight forwarder
actually performs a particular service or provides for that service to
be performed by someone else, it must assume legal responsibility for
the transportation from the place of receipt to the place of
destination. Consequently, a freight forwarder is still required to
issue a receipt or bill of lading pursuant to 49 U.S.C. 14706.

C. The Purpose, Scope, Form, and Contents of the Receipt or Bill of
Lading

    Format and Contents of the Bill of Lading. Five commenters offered
suggestions on the content of bills of lading. Freight Forwarders
Council suggested that FMCSA use a model bill of lading, while
Advocates recommended stamping the bill of lading with reliable dates
and with departure and arrival/delivery times. Transportation
Intermediaries wanted to develop uniformly accepted transportation
documentation.
    FMCSA Response. There is a significant difference between the
receipt and bill of lading requirements in Sec.  373.101, which specify
information that must be contained on the motor carrier's receipt or
bill of lading, and those of Sec.  373.201 that apply to freight
forwarders. Section 373.201 only

requires that a freight forwarder issue a receipt or bill of lading,
covering transportation from origin to ultimate destination, on each
shipment for which it arranges transportation in interstate commerce.
Section 373.201 does not specify what information must be contained on
the receipt or bill of lading or prescribe the format of these
documents. The Agency does not approve or recommend any particular
model receipt or bill of lading for freight forwarders to use in their
operations, and the form and content of these documents is beyond the
scope of this final rule.
    Practicality of Requiring a Receipt or Bill of Lading. MRS and
Unisource believe that imposing a requirement for general commodities
freight forwarders to issue a second receipt or bill of lading, in
addition to one issued by the motor carrier that picks up the shipment,
is impractical and creates confusion for the freight forwarding
industry.
    FMCSA Response. The issuance of a receipt or bill of lading is a
long-standing practice observed by the entire freight forwarding
industry and is required by statute. Consequently, FMCSA believes most
parties to a freight forwarding transaction will not be confused or
burdened by this requirement.

D. Role of the Bill of Lading With Respect to the Liability Provisions
of the Carmack Amendment (49 U.S.C. 14706)

    Bill of Lading Not Necessary. Three commenters assert that it is no
longer necessary for freight forwarders to issue bills of lading.
Tucker believes that this rule change will not benefit freight
forwarders or customers because, in his view, the liability protections
provided by the Carmack amendment flow from a prior contract of
carriage and not the bill of lading. Transportation Intermediaries
similarly asserts that, under section 14101(b), bills of lading are not
necessary since freight forwarders and shippers may mutually ``waive
any or all rights and remedies under this part for the transportation
covered by contract.'' Monheim asserts that ICCTA abolished the
distinction between common and contract carriers, allowing freight
forwarders to exercise the contract authority provided under section
14101(b). Monheim comments that the provisions of the Bills of Lading
Act no longer apply to freight forwarders.
    FMCSA Response. The liability provisions of the Carmack amendment,
codified at 49 U.S.C. 14706, apply to all transportation under the
jurisdiction of the Secretary. Motor carriers and freight forwarders
providing transportation or service are liable to the ``person entitled
to recover [compensation for loss or damage to the property] under the
receipt or bill of lading.'' Section 14706(a) makes it clear that
failure to issue a receipt or bill of lading does not change the
liability of the carrier. In addition, section 14706(a) does not
require a prior contract of carriage to tie in the Carmack liability
provisions. Whether the statute is recognized in the marketplace is
immaterial because the section 14706 liability provisions apply to
receipts and bills of lading. Although a contract of carriage would
indeed take precedence in a court of law over a receipt or bill of
lading containing no contractual terms, the receipt or bill of lading
nonetheless carries legal force and effect under the general liability
provisions of section 14706(a).
    Finally, the assertion that a receipt or bill of lading is no
longer required because of 49 U.S.C. 14101(b) is not correct. That
provision enables carriers subject to chapter 135 of title 49 U.S.C.
(including general commodities freight forwarders) to enter into
contracts of carriage that could potentially waive any or all rights
covered by the contract, with certain exceptions not pertinent to this
rule. However, the option of waiving the receipt or bill of lading
requirement is not reason enough to forego imposing it, since not
everyone will choose to waive the requirement.
    Rule Change is Impractical. Unisource contends that FMCSA's
proposed amendment to Sec.  373.201 will be impractical; cause
confusion among shippers, motor carriers, dispatchers, and freight
forwarders; and raise questions about liability. It asks, for example,
if a freight forwarder would be liable for a shipment that was lost or
damaged before it was received merely because its name is on the bill
of lading.
    FMCSA Response. The issue Unisource raises would be determined
under contract law, other case law, and circumstantial evidence. If a
forwarder has not physically accepted a shipment, the forwarder would
not be liable--that is, would not be required to accept legal
responsibility for the loss or damage--merely because its name is on
the bill of lading, unless the contract of carriage specified
otherwise.

E. Other Issues of Interest

    The NPRM is Misleading. Monheim contends that the NPRM is
misleading with regard to a State's role in regulating freight
forwarders. Unless the carrier specifically requests that a State's
regulations apply to the carrier, Monheim believes that the States are
completely removed from any regulation of freight forwarders for rates,
routes or services, including bills of lading.
    FMCSA Response. The NPRM merely stated that, under 49 U.S.C.
chapter 145, Federal preemption of general commodities freight
forwarders was narrowed in several respects. Chapter 145 allows States
to regulate freight forwarders' intrastate activities in these areas if
compliance is no more burdensome than interstate compliance under
Federal law.
    Paragraphs (b) and (c) of 49 U.S.C. 14501 prohibit State regulation
of intrastate rates, intrastate routes, and intrastate services of
freight forwarders of property; but they make a partial exception for
uniform cargo liability rules, uniform bills of lading or receipts,
uniform cargo credit rules, and certain antitrust immunity. No other
distinction was intended here.
    Significance of this Final Rule. Tucker challenges the NPRM's
estimate that the rule will have an annual effect on the general
commodities segment of the freight forwarding industry of less than
$100 million. He contends the Agency has no basis for assuming that the
ratio of general commodities freight forwarders to household goods
freight forwarders is essentially the same today as in 1986.
    Unisource believes that the rule would place a significant
unnecessary burden on shipments made via a general commodities freight
forwarder, versus those placed on other modes of transportation.
    FMCSA Response. The cost impact analysis in the NPRM assumed the
same ratio of general commodities freight forwarders to household goods
freight forwarders of 8.4 to 1 as in 1986, when the Deregulation Act
was enacted. The ratio has decreased considerably since then. The
analysis set forth below updates this information.
    As of November 2007, the last complete year of available data,
there were 1,402 active entities on file at FMCSA in the Licensing and
Insurance (L&I) information system that identified themselves to FMCSA
as freight forwarders.\4\ Of these, 1,117 identified themselves as
general commodities freight forwarders; and 285 identified themselves
as household goods freight forwarders. This is a ratio of approximately
3.9 to 1 of general commodities freight forwarders to household goods
freight forwarders. This considerable drop from the 1986 ratio of 8.4
to 1 may indicate that some

general commodities freight forwarders are choosing to represent
themselves as brokers.
---------------------------------------------------------------------------

    \4\ All freight forwarders--general commodities and household
goods--are required to register with FMCSA for their operating
authority.
---------------------------------------------------------------------------

    Regarding the economic impact of this rule, the issuance of
receipts or bills of lading by freight forwarders--including general
commodities freight forwarders--is a well-established business
practice. In the words of the Freight Forwarders Council:

    All forwarders today issue bills of lading, so no change will be
caused by the adoption of the proposed regulations. Not to issue a
bill of lading violates [the] Federal statute [at] 49 U.S.C.
14706(a).
    [See docket item FMCSA-1997-2290-0005-0001]

    Since forwarders have for many years been required to issue
receipts or bills of lading, there should be no significant increase in
cost by making 49 CFR 373.201 conform to the long-standing statutory
requirement. Thus, a requirement for general commodities freight
forwarders to issue a receipt or bill of lading will not, in the
aggregate, generate an economic burden or create a major increase in
costs or prices or have a significant adverse effect on any sector of
the industry. FMCSA's issuance of this final rule merely reestablishes
the consistency between statutory and regulatory requirements.

Regulatory Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures

    FMCSA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866 or within
the meaning of the U.S. Department of Transportation's regulatory
policies and procedures. It is anticipated that the economic impact of
this final rule will be minimal.
    A receipt or bill of lading is a document that lies at the heart of
every transportation transaction. It documents a bilateral agreement
under which both sides make guarantees. The requirement for all freight
forwarders to issue a receipt or bill of lading for property they
transport has been in effect by statute since 1942 and by regulation
until 1990, when the former ICC changed its regulations to limit the
requirement to household goods freight forwarders. Based on comments
from the Freight Forwarders Council and verification checks made for
FMCSA (as discussed in footnote 5), it appears it is a usual and
customary practice for most general commodities and household goods
freight forwarders to issue such a document in the normal course of
doing business.
    This rule revises 49 CFR 373.201 to include general commodities
freight forwarders within the scope of the FMCSA's receipt and bill of
lading regulation, as required by 49 U.S.C. 14706. This action requires
that all parties to a transportation transaction be given documentation
of their shipping arrangement. The FMCSA has evaluated the economic
impact of the proposed changes on the general commodities freight
forwarding segment of the industry and determined that the rule change
is within the statutory mandate, and is reasonable, appropriate, and
does not impose significant costs to the general commodity segment of
the freight forwarding industry.
    This final rule removes any uncertainty with respect to which
freight forwarders are required to issue a receipt or bill of lading
for property they accept for transportation in interstate commerce.
Given that most general commodities freight forwarders already issue a
receipt or bill of lading, FMCSA anticipates none of these freight
forwarders will expend any additional effort and resources to comply
with amended Sec.  373.201.\5\
---------------------------------------------------------------------------

    \5\ After reviewing the comments to the proposed rule and
conducting a literature search on the issuance of bills of lading by
freight forwarders, FMCSA concluded that as a usual and customary
practice freight handed over to a carrier was accompanied by a
receipt or bill of lading. To confirm this, FMCSA attempted to
contact some firms in the industry and the trade associations who
submitted comments to the proposed rule. Calls were made on August
9, 2006, to: Transportation Intermediaries; Powers Freight Express
of Lynbrook, New York; York Services, Inc. of York, Pennsylvania;
and Patron Services, Inc. of Baltimore, Maryland. Each indicated
that they believed most freight forwarders issue receipts or bills
of lading in the normal course of doing business.
---------------------------------------------------------------------------

    Consequently, FMCSA does not believe this final rule will have an
annual effect on the general commodities freight forwarder segment of
the forwarding industry of $100 million or more, lead to a major
increase in costs or prices, or have a significant adverse effect on
any sector of the economy. Thus, requiring all freight forwarders to
comply with this final rule to provide a receipt or bill of lading will
not significantly impact the industry.
    The Agency is not required to prepare a stand-alone Regulatory
Analysis. However, because of the concern expressed by some commenters
that there might be a large impact, the Agency has prepared one to
fully explain the costs and benefits of this rulemaking action. A copy
of the analysis is included in the docket (FMCSA-1997-2290).

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612), FMCSA has evaluated the effects of this rule on
small entities, which comprise well above 50 percent of the freight
forwarding industry, and has determined that this final regulatory
action will not have a significant impact on a substantial number of
small entities.
    One reason this action does not have a significant impact on
general commodities freight forwarders is that they have been required
by statute to issue receipts and bills of lading since 1942. In 1990,
the ICC removed this requirement from its regulations, notwithstanding
the statutory requirement. This rule reestablishes in 49 CFR 373.201
this long standing statutory requirement that all freight forwarders
are required to issue receipts or bills of lading for the
transportation they arrange in interstate commerce.
    Based on all information available to the Agency, including
comments from Freight Forwarders Council and FMCSA checks of industry
practices, the Agency believes that most freight forwarders have, for
many years, been aware of this statutory requirement. Issuing a receipt
or bill of lading is a well established, usual and customary business
practice of general commodities freight forwarders and the industry as
a whole. Accordingly, the practical consequence of today's final rule
for the vast majority of freight forwarders is negligible.
    The small minority of general commodities freight forwarders not
already providing a receipt or bill of lading as legal documentation
will now be required by regulation, as well as statute, to issue such a
document. To the limited extent that this rule may result in
incremental increases in compliance with the receipt or bill of lading
requirements, the public, freight forwarders, and their customers alike
will benefit from this requirement. In particular, small entities that
rely on general commodities freight forwarder service will benefit from
the Agency requiring general commodities forwarders to provide a
receipt or bill of lading establishing legal documentation for any
loss, damage, or injury to the property that may be transported after
the freight forwarder takes possession of the goods tendered.
    Commenters have not presented any information to suggest or
convince us that there will be a significant economic impact on the
general commodities freight forwarder industry by promulgation of this
final rule. This final rule merely mandates that they be

in compliance with the long-standing statutory requirement and perform
what is already the industry's usual and customary business practice--
namely, to issue a receipt or bill of lading for the property for which
they arrange transportation in interstate commerce.

Executive Order 13132 (Federalism)

    FMCSA analyzed this rule in accordance with the principles and
criteria contained in Executive Order 13132. FMCSA has determined that
this rulemaking will not have a substantial direct effect on States,
nor will it limit the policy-making discretion of the States. Nothing
in this document will preempt any State law or regulation. FMCSA has
therefore determined this rule does not have sufficient federalism
implications to warrant the preparation of a federalism assessment.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this program.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520)
requires that FMCSA consider the impact of paperwork and other
information collection burdens imposed on the public. As noted above,
the practice of issuing receipts or bills of lading for cargo
transported is a well established, usual and customary business
practice of all freight forwarders. Therefore, FMCSA believes the
paperwork reduction exception for usual and customary business practice
applies in this case. Thus, this action does not involve an information
collection that is subject to the requirements of the PRA.

National Environmental Policy Act

    The Agency analyzed this final rule for the purpose of the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and
determined under our environmental procedures Order 5610.1, published
March 1, 2004, in the Federal Register (69 FR 9680), that this action
has a categorical exclusion (CE) under Appendix 2, paragraph 6.l. of
the Order from further environmental documentation. That CE relates to
establishing regulations, and actions taken pursuant to these
regulations, concerning motor carrier's issuance and retention of bills
of lading. In addition, the Agency believes that this action involves
no extraordinary circumstances that would have any effect on the
quality of the environment. Thus, the action does not require an
environmental assessment or an environmental impact statement.
    The Agency has also analyzed this final rule under the Clean Air
Act, as amended (CAA) section 176(c), (42 U.S.C. 7401 et seq.) and
implementing regulations promulgated by the Environmental Protection
Agency. Approval of this action is exempt from the CAA's general
conformity requirement since it involves rulemaking action. (See 40 CFR
93.153(c)(2)(iii).) It will not result in any emissions increase nor
would it have any potential to result in emissions that are above the
general conformity rule's de minimis emission threshold levels.
Moreover, it is reasonably foreseeable that this final rule will not
increase total commercial motor vehicle (CMV) mileage, nor will it
change the routing of CMVs, how CMVs operate, or the CMV fleet-mix of
motor carriers. By this action, FMCSA merely updates its existing
regulation at Sec.  373.201 to require that all freight forwarders
issue receipts or bills of lading consistent with statutory
requirements.

Executive Order 12898 (Environmental Justice)

    FMCSA evaluated the environmental effects of this final rule in
accordance with Executive Order 12898 and determined that there are no
environmental justice issues associated with its provisions nor any
collective environmental impact resulting from its promulgation.

Unfunded Mandates Reform Act of 1995

    This rulemaking will not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et
seq.), that will result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $136.1
million or more in any one year.

Executive Order 12630 (Taking of Private Property)

    This final rule does not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Executive Order 13211 (Energy Supply, Distribution, or Use)

    The FMCSA analyzed this action under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We determined that it is not a ``significant
energy action'' under that Executive Order because it will not be
likely to have a significant adverse effect on the supply,
distribution, or use of energy.

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Executive Order 13084 (Consultation and Coordination With Indian Tribal
Governments)

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13084. Because this rule does
not significantly or uniquely affect the communities of the Indian
tribal governments, the funding and consultation requirements of this
Executive Order do not apply.

Executive Order 13045 (Protection of Children)

    The FMCSA analyzed this proposed action under Executive Order
13045, Protection of Children from Environmental Health Risks and
Safety Risks. The FMCSA determined that this rulemaking does not
concern an environmental risk to health or safety that may
disproportionately affect children.

Privacy Impact Assessment

    The FMCSA conducted a privacy impact assessment of this proposed
rule as required by section 522(a)(5) of division H of the Fiscal Year
(FY) 2005 Omnibus Appropriations Act, Public Law 108-447, 118 Stat.
3268 (December 8, 2004) [set out as a note to 5 U.S.C. 552a]. The
assessment determined there are no privacy information impacts.

List of Subjects in 49 CFR Part 373

    Bills of lading, Highway safety, Highways and roads, Motor
carriers.

0
For the reasons set forth above, FMCSA amends chapter III of title 49
CFR as follows:

PART 373--RECEIPTS AND BILLS

0
1. Revise the authority citation for part 373 to read as follows:

    Authority: 49 U.S.C. 13301, 13531 and 14706; and 49 CFR 1.73.

0
2. Revise Sec.  373.201 of subpart B to read as follows:

Sec.  373.201  Receipts and bills of lading for freight forwarders.

    Each freight forwarder must issue the shipper a receipt or through
bill of lading, covering transportation from origin to ultimate
destination, on each shipment for which it arranges transportation in
interstate commerce. Where a motor carrier receives freight at the
origin and issues a receipt therefor on its form with a notation
showing the freight forwarder's name, then the freight forwarder, upon
receiving the shipment at the ``on line'' or consolidating station,
must issue a receipt or through bill of lading on its form as of the
date the carrier receives the shipment.

    Issued on: March 30, 2009.
Rose A. McMurray,
Acting Deputy Administrator.
 [FR Doc. E9-7639 Filed 4-3-09; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 235 (Wednesday, December 7, 2011)]
[Rules and Regulations]
[Page 76299]
[FR Doc No: 2011-31330]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-1073]

Drawbridge Operation Regulation; Atlantic Intracoastal Waterway
(AIWW), Chesapeake, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

-----------------------------------------------------------------------

SUMMARY: The Commander, Fifth Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
I64 Bridge across the Atlantic Intracoastal Waterway, South Branch of
the Elizabeth River, mile 7.1, at Chesapeake, VA. The deviation is
necessary for bridge rehabilitation and maintenance work. This
deviation allows the bridge to remain in the closed-to-navigation
position.

DATES: This deviation is effective from 7 a.m. on December 11, 2011 to
7 p.m. on December 18, 2011.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2011-1073 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-1073 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lindsey Middleton, Bridge Management Specialist, Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Virginia Department of Transportation (VDOT)
has requested a temporary deviation from the current operating
regulations of the I64 Bridge across the AIWW, South Branch of the
Elizabeth River, mile 7.1 at Chesapeake, VA. The requested deviation is
to accommodate the rehabilitation of the mechanical systems of the
bridge and will allow the bridge to remain in the closed-to-navigation
position throughout the week. The vertical clearance of this bridge is
65 feet at mean high water (MHW) in the closed-to-navigation position
and unlimited in the open position. During this closure period, the
vertical clearance in the closed position will remain at 65 feet at MHW
and vessels able to pass under the bridge may do so at any time. The
bridge will not be able to open for emergencies and there are no
alternate routes available to vessels.
    The current operating schedule for the bridge is set out in 33 CFR
117.997(e) which requires the bridge to open on signal if at least 24
hours notice is given.
    VDOT has reached out to the main waterway user requiring bridge
openings and schedules have been worked out accordingly. The majority
of vessel traffic utilizing this waterway is tugs and tows. The Coast
Guard will inform all other users of the waterway through our Local and
Broadcast Notices to Mariners which will allow mariners to arrange
their transits to minimize delay.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: November 22, 2011.
Waverly W. Gregory, Jr.,
Bridge Program Manager, by direction of the Commander, Fifth Coast
Guard District.
[FR Doc. 2011-31330 Filed 12-6-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 76 (Wednesday, April 20, 2022)]
[Rules and Regulations]
[Pages 23431-23433]
[FR Doc No: 2022-08313]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31423; Amdt. No. 4004]

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 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 April 20, 2022. 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 April 20, 2022.

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., Registry Bldg 29 Room 104, Oklahoma
City, OK 73169. Telephone:<PHONE_NUMBER>.

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 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 April 1, 2022.
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, Title 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.  97.31RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
      AIRAC date           State             City                 Airport          FDC No.      FDC date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
19-May-22.............  PA           Harrisburg..........  Capital City........       2/0073      3/15/22  ILS OR LOC RWY 8, Amdt 12.
19-May-22.............  PA           Harrisburg..........  Capital City........       2/0075      3/15/22  RNAV (GPS) RWY 26, Orig-B.
19-May-22.............  PA           Harrisburg..........  Capital City........       2/0076      3/15/22  RNAV (GPS) RWY 8, Amdt 1.
19-May-22.............  FL           Leesburg............  Leesburg Intl.......       2/1133      3/14/22  RNAV (GPS) RWY 4, Amdt 1C.
19-May-22.............  FL           Palatka.............  Palatka Muni--Lt Kay       2/1425      3/14/22  RNAV (GPS) RWY 27, Orig-B.
                                                            Larkin Fld.
19-May-22.............  FL           Palatka.............  Palatka Muni--Lt Kay       2/1427      3/14/22  RNAV (GPS) RWY 9, Orig-C.
                                                            Larkin Fld.
19-May-22.............  FL           Orlando.............  Kissimmee Gateway...       2/1443      3/18/22  ILS OR LOC RWY 15, Amdt 1.
19-May-22.............  FL           Orlando.............  Kissimmee Gateway...       2/1445      3/18/22  RNAV (GPS) RWY 6, Orig-B.
19-May-22.............  FL           Orlando.............  Kissimmee Gateway...       2/1447      3/18/22  RNAV (GPS) RWY 15, Amdt 1.
19-May-22.............  FL           Orlando.............  Kissimmee Gateway...       2/1449      3/18/22  RNAV (GPS) RWY 33, Amdt 2B.
19-May-22.............  FL           Leesburg............  Leesburg Intl.......       2/1887      3/14/22  RNAV (GPS) RWY 13, Amdt 2C.
19-May-22.............  FL           Leesburg............  Leesburg Intl.......       2/1888      3/14/22  RNAV (GPS) RWY 31, Amdt 1C.
19-May-22.............  TX           Fort Worth..........  Fort Worth Meacham         2/1900      3/11/22  ILS OR LOC RWY 16, Amdt 8A.
                                                            Intl.
19-May-22.............  TX           Fort Worth..........  Fort Worth Meacham         2/1901      3/11/22  RNAV (GPS) RWY 16, Amdt 1B.
                                                            Intl.
19-May-22.............  TX           Hearne..............  Hearne Muni.........       2/1902      3/14/22  RNAV (GPS) RWY 18, Orig-B.
19-May-22.............  TX           Hearne..............  Hearne Muni.........       2/1903      3/14/22  RNAV (GPS) RWY 36, Orig-A.
19-May-22.............  KY           Somerset............  Lake Cumberland Rgnl       2/2096      3/14/22  RNAV (GPS) RWY 5, Orig.
19-May-22.............  AK           Clarks Point........  Clarks Point........       2/2227      3/14/22  RNAV (GPS) RWY 18, Orig-B.
19-May-22.............  AK           Juneau..............  Juneau Intl.........       2/2229      3/14/22  LDA X RWY 8, Amdt 12C.
19-May-22.............  AK           Allakaket...........  Allakaket...........       2/2231      3/14/22  RNAV (GPS) RWY 5, Amdt 1B.
19-May-22.............  AK           Allakaket...........  Allakaket...........       2/2233      3/14/22  RNAV (GPS) RWY 23, Amdt 1A.
19-May-22.............  AK           Napakiak............  Napakiak............       2/2235      3/14/22  RNAV (GPS) RWY 16, Orig-A.
19-May-22.............  AK           Napakiak............  Napakiak............       2/2237      3/14/22  RNAV (GPS) RWY 34, Orig-A.
19-May-22.............  AK           Akiak...............  Akiak...............       2/2239      3/14/22  RNAV (GPS) RWY 3, Orig-C.
19-May-22.............  AK           Akiak...............  Akiak...............       2/2241      3/14/22  RNAV (GPS) RWY 21, Orig-C.
19-May-22.............  GA           St Simons Island....  St Simons Island....       2/2714      3/28/22  VOR RWY 4, Amdt 16B.
19-May-22.............  FL           Okeechobee..........  Okeechobee County...       2/3047      3/14/22  RNAV (GPS) RWY 32, Orig-D.
19-May-22.............  FL           Okeechobee..........  Okeechobee County...       2/3049      3/14/22  RNAV (GPS) RWY 23, Amdt 2B.
19-May-22.............  FL           Okeechobee..........  Okeechobee County...       2/3050      3/14/22  RNAV (GPS) RWY 14, Amdt 1B.
19-May-22.............  FL           Okeechobee..........  Okeechobee County...       2/3051      3/14/22  RNAV (GPS) RWY 5, Amdt 1B.
19-May-22.............  IL           Galesburg...........  Galesburg Muni......       2/3226      3/14/22  ILS OR LOC RWY 3, Amdt 11.
19-May-22.............  IA           Atlantic............  Atlantic Muni.......       2/3449      3/14/22  RNAV (GPS) RWY 2, Amdt 1B.
19-May-22.............  IA           Atlantic............  Atlantic Muni.......       2/3450      3/14/22  RNAV (GPS) RWY 20, Amdt 1B.
19-May-22.............  NY           New York............  New York Stewart           2/3457      3/14/22  RNAV (GPS) RWY 16, Amdt 1E.
                                                            Intl.
19-May-22.............  TN           Knoxville...........  Mc Ghee Tyson.......       2/4068      2/14/22  ILS OR LOC RWY 23R, ILS RWY 23R (SA CAT I),
                                                                                ILS RWY 23R (CAT II), Amdt 14A.
19-May-22.............  TN           Crossville..........  Crossville Meml-           2/4105      2/15/22  ILS Y OR LOC Y RWY 26, Orig-C.
                                                            Whitson Fld.
19-May-22.............  TN           Crossville..........  Crossville Meml-           2/4106      2/15/22  ILS Z OR LOC Z RWY 26, Amdt 14C.
                                                            Whitson Fld.
19-May-22.............  IL           Harrisburg..........  Harrisburg-Raleigh..       2/4289      3/18/22  RNAV (GPS) RWY 24, Amdt 2A.
19-May-22.............  IL           Harrisburg..........  Harrisburg-Raleigh..       2/4290      3/18/22  RNAV (GPS) RWY 6, Amdt 1.
19-May-22.............  GA           Fitzgerald..........  Fitzgerald Muni.....       2/4472      2/15/22  RNAV (GPS) RWY 2, Amdt 2.
19-May-22.............  NC           Manteo..............  Dare County Rgnl....       2/4874      3/16/22  RNAV (GPS) RWY 5, Orig-B.
19-May-22.............  NC           Manteo..............  Dare County Rgnl....       2/4875      3/16/22  RNAV (GPS) RWY 23, Orig-A.
19-May-22.............  TX           Junction............  Kimble County.......       2/5322      3/17/22  RNAV (GPS) RWY 17, Orig-A.

19-May-22.............  MO           Tarkio..............  Gould Peterson Muni.       2/5364      3/17/22  RNAV (GPS) RWY 18, Amdt 1.
19-May-22.............  MO           Tarkio..............  Gould Peterson Muni.       2/5365      3/17/22  RNAV (GPS) RWY 36, Amdt 1.
19-May-22.............  IN           French Lick.........  French Lick Muni....       2/5875      3/18/22  RNAV (GPS) RWY 26, Orig-C.
19-May-22.............  IN           French Lick.........  French Lick Muni....       2/5890      3/18/22  RNAV (GPS) RWY 8, Amdt 1C.
19-May-22.............  AZ           Prescott............  Prescott Rgnl--            2/6124      3/18/22  RNAV (GPS) RWY 21L, Amdt 2C.
                                                            Ernest A Love Fld.
19-May-22.............  NJ           Millville...........  Millville Muni......       2/6126      3/18/22  RNAV (GPS) RWY 32, Orig-E.
19-May-22.............  NJ           Millville...........  Millville Muni......       2/6131      3/18/22  ILS OR LOC RWY 10, Amdt 2E.
19-May-22.............  NJ           Millville...........  Millville Muni......       2/6132      3/18/22  RNAV (GPS) RWY 10, Orig-B.
19-May-22.............  OR           Ontario.............  Ontario Muni........       2/6403      3/22/22  RNAV (GPS) RWY 15, Amdt 1.
19-May-22.............  IL           Benton..............  Benton Muni.........       2/6538      3/21/22  RNAV (GPS) RWY 18, Orig-C.
19-May-22.............  MI           Adrian..............  Lenawee County......       2/6574      3/21/22  RNAV (GPS) RWY 5, Amdt 1C.
19-May-22.............  MI           Adrian..............  Lenawee County......       2/6575      3/21/22  RNAV (GPS) RWY 23, Orig-C.
19-May-22.............  IL           Decatur.............  Decatur.............       2/6594      3/10/22  RNAV (GPS) RWY 18, Amdt 1A.
19-May-22.............  IL           Lawrenceville.......  Lawrenceville-Vincen       2/8096      3/24/22  RNAV (GPS) RWY 9, Amdt 1B.
                                                            nes Intl.
19-May-22.............  IL           Lawrenceville.......  Lawrenceville-Vincen       2/8097      3/24/22  RNAV (GPS) RWY 27, Amdt 1B.
                                                            nes Intl.
19-May-22.............  IL           Lawrenceville.......  Lawrenceville-Vincen       2/8098      3/24/22  RNAV (GPS) RWY 18, Amdt 1B.
                                                            nes Intl.
19-May-22.............  IL           Lawrenceville.......  Lawrenceville-Vincen       2/8099      3/24/22  RNAV (GPS) RWY 36, Amdt 1B.
                                                            nes Intl.
19-May-22.............  IL           Mount Vernon........  Mount Vernon........       2/8163      3/24/22  RNAV (GPS) RWY 5, Orig-A.
19-May-22.............  IL           Mount Vernon........  Mount Vernon........       2/8164      3/24/22  RNAV (GPS) RWY 23, Orig-A.
19-May-22.............  AZ           St Johns............  St Johns Industrial        2/8564      3/18/22  RNAV (GPS) RWY 14, Amdt 1A.
                                                            Air Park.
19-May-22.............  IA           Audubon.............  Audubon County......       2/9208      3/25/22  RNAV (GPS) RWY 32, Orig-B.
19-May-22.............  AK           Adak Island.........  Adak................       2/9899      3/29/22  RNAV (GPS) RWY 23, Orig-B.
19-May-22.............  LA           Vivian..............  Vivian..............       2/9946      3/11/22  VOR/DME-A, Amdt 3B.
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[FR Doc. 2022-08313 Filed 4-19-22; 8:45 am]
BILLING CODE 4910-13-P