[Federal Register: December 28, 2005 (Volume 70, Number 248)]
[Notices]
[Page 76825-76826]
[DOCID:fr28de05-114]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0512; FRL-7749-6]

Pesticide Product; Registration Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces Agency approval ofapplications to
register the pesticide products, Dutch Trig[reg] and Heads Up Plant
Protectant, containing active ingredients not included in any
previously registered product pursuant to the provisions of section
3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA),as amended.

FOR FURTHER INFORMATION CONTACT: The Regulatory Action Leader,
Biopesticides and Pollution Prevention Division (7511C), listed in the
following table:

----------------------------------------------------------------------------------------------------------------
                                          Regulatory Action                              Telephone number and E-
             File Symbol                        Leader              Mailing Address            mail Address
----------------------------------------------------------------------------------------------------------------
71927-1                                 Sharlene R. Matten      USEPA/OPP/BPPD (7511C)<PHONE_NUMBER>
                                                                1200 Pennsylvania Ave<EMAIL_ADDRESS>                                                                 NW.
                                                                Washington D.C. 20460..
--------------------------------------

81853-1                                Todd Peterson            USEPA/OPP/BPPD (7511C)<PHONE_NUMBER>
                                                                1200 Pennsylvania Ave<EMAIL_ADDRESS>                                                                 NW.
                                                                Washington D.C. 20460..
----------------------------------------------------------------------------------------------------------------

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111)
     Animal production (NAICS code 112)
     Food manufacturing (NAICS code 311)
     Pesticide manufacturing (NAICS code 32532)
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
Docket identification number (ID) EPA-HQ-OPP-2005-0512; FRL-7749-6.
Publicly available docket materials are available either electronically
through http://www.regulations.gov or in hard copy at the Public Information

and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2,
1801 S. Bell St., Arlington, VA. This Docket Facility is open from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
Docket telephone number is<PHONE_NUMBER>.
    In accordance with section 3(c)(2) of FIFRA, a copy of the approved
label, the list of data references, the data and other scientific
information used to support registration, except for material
specifically protected by section 10 of FIFRA, are also available for
public inspection. Requests for data must be made in accordance with
the provisions of the Freedom ofInformation Act and must be addressed
to the Freedom of Information Office (A-101), 1200 Pennsylvania Ave.,
NW., Washington, DC 20460-0001. The request should: Identify the
product name and registration number and specify the data or
information desired.
    A paper copy of the fact sheet, which provides more detail on this
registration, may be obtained from the National Technical Information
Service (NTIS), 5285 Port Royal Rd., Springfield, VA 22161.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.

    Agency Website. EDOCKET, EPA's electronic public docket and comment
system was replaced on November 25, 2005, by an enhanced federal-wide
electronic docket mangement and comment system located at http://www.regulations.gov.
 Follow the online instructions.

    An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public

comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.

II. Did EPA Approve the Application?

    The Agency approved the application after considering all required
data on risks associated with the proposed use of Verticillium isolate
WCS 850 and Saponins of Chenopodium quinoa, and information on social,
economic, and environmental benefits to be derived from its use.
Specifically, the Agency has considered the nature of the chemical and
its pattern of use, application methods and rates, and level and extent
of potential exposure. Based on these reviews, the Agency was able to
make basic health and safety determinations which show that use of
Verticillium isolate WCS 850 and Saponins of Chenopodium quinoa in
accordance with widespread and commonly recognized practice, will not
generally cause unreasonable adverse effects to the environment.

III. Approved Application

    EPA issued a notice, published in the Federal Register of August
10, 2005 (70 FR 46507) (FRL-7724-3), which announced that ARCADIS
Innovative Tree Services, 1114 Benfield Boulevard, Suite A,
Millersville, MD 21108, had submitted an application to register the
pesticide product, Dutch Trig[reg], a fungicide. (EPA File Symbol
71927-R), containing the active ingredient, Verticillium isolate WCS
850. This product is intended to protect elm trees from Dutch elm
disease. The application was approved on October 19, 2005, as Dutch
Trig[reg] (EPA Registration Number 71927-1).
    EPA issued another notice, published in the Federal Register of
December 15, 2004 (69 FR 75063-75065) (FRL-7687-7), which announced
that Heads Up Plant Protectants Inc., c/o Walter G. Talarek, PC, 1008
Riva Ridge Drive, Great Falls, VA, 22066, had submitted an application
to register the pesticide product, Heads Up Plant Protectant, a
fungicide. (EPA File Symbol 81853-R), containing Saponins of
Chenopodium quinoa, with saponins at 49.65%. This product was not
previously registered. The application was approved on September 16,
2005, as Heads Up Plant Protectant, (EPA Registration Number 81853-1).

List of Subjects

    Environmental protection, Chemicals, Pesticides and pests.

    Dated: December 15, 2005.
Phil Hutton,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.
[FR Doc. 05-24467 Filed 12-27-05; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)]
[Rules and Regulations]
[Pages 28775-28777]
[FR Doc No: 2017-13192]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0760; FRL-9963-70-Region 5]

Approval and Promulgation of Air Quality Implementation Plans;
Indiana; CFR Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a
request submitted by the Indiana Department of Environmental Management
(IDEM) on December 13, 2016, to revise the Indiana state implementation
plan (SIP). The submission revises and updates the Indiana
Administrative Code (IAC) definition of ``References to the Code of
Federal Regulations,'' from the 2013 edition to the 2015 edition.

DATES: This rule is effective on August 25, 2017, unless EPA receives
adverse written comments by July 26, 2017. If EPA receives adverse
comments, EPA will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0760 at https://www.regulations.gov or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e.

on the Web, cloud, or other file sharing system). For additional
submission methods, please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section. For the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What is the background for this action?
II. What revision did the state request be incorporated into the
SIP?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. What is the background for this action?

    On May 25, 2016, IDEM published a ``Notice of Public Information''
in several newspapers, and on its Web site at http://www.in.gov/idem/6777.htm, providing a 30-day public comment period on the proposed
revision to its SIP concerning update to the definition of ``References
to the Code of Federal Regulations.'' A public hearing was held on
August 10, 2016. IDEM did not receive any comments.
    On December 13, 2016, IDEM submitted a request to revise the
definition of ``References to the Code of Federal Regulations'' in SIP
rule 326 IAC 1-1-3 to mean the 2015 edition of the Code of Federal
Regulations (CFR).

II. What revision did the state request be incorporated into the SIP?

    IDEM has requested that EPA approve the Indiana Administrative Code
rule revision:
    Rule 326 IAC 1-1-3, definition of ``References to Code of Federal
Regulations''.
    IDEM updated the reference to the CFR in 326 IAC 1-1-3 from the
2013 edition to the 2015 edition. This is solely an administrative
change that allows Indiana to reference a more current version of the
CFR. By amending 326 IAC 1-1-3 to reference the 2015 version of the
CFR, the provision in Title 326 of the IAC will be consistent with the
applicable CFR regulations as of July 30, 2015.

III. What action is EPA taking?

    EPA is approving as a revision to the Indiana SIP an update of 326
IAC 1-1-3, ``References to the Code of Federal Regulations.''
    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective August 25, 2017
without further notice unless we receive relevant adverse written
comments by July 26, 2017. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. The EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time. If we do not receive any comments, this
action will be effective August 25, 2017.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana
regulations described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
generally available electronically through https://www.regulations.gov
and/or in hard copy at the appropriate EPA office (see the ADDRESSES
section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    This rule is not approved to apply on any Indian reservation land
or in any other area where EPA or an Indian tribe has demonstrated that
a tribe has jurisdiction. In those areas of Indian country, the rule
does not have tribal implications as specified by Executive Order
13175, nor will it impose substantial direct costs on Tribal
governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and

the Comptroller General of the United States prior to publication of
the rule in the Federal Register. A major rule cannot take effect until
60 days after it is published in the Federal Register. This action is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 25, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule and address the
comment in the proposed rulemaking. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 1, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    40 CFR part 52, is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

0
2. In Sec.  52.770 the table in paragraph (c) is amended by revising
the entry for 1-1-3 ``References to the Code of Federal Regulations''
under Article 1, Rule 1 ``Provisions Applicable Throughout Title 326''
to read as follows:

Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
                                                   Indiana
  Indiana citation            Subject             effective        EPA approval date              Notes
                                                    date
----------------------------------------------------------------------------------------------------------------
                                          Article 1. General Provisions
----------------------------------------------------------------------------------------------------------------
                               Rule 1. Provisions Applicable Throughout Title 326
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
1-1-3..............  References to the Code         12/7/2016  6/26/2017, [insert        .......................
                      of Federal Regulations.                   Federal Register
                                                                citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-13192 Filed 6-23-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Notices]
[Page 23975]
[FR Doc No: 2017-10644]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0035]

Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on April 26, 2016, Grenada
Railroad, LLC (GRYR), the operator of trackage owned by North Central
Mississippi Regional Railroad Authority (NCMRRA) requested that the
Federal Railroad Administration (FRA) grant temporary relief from the
requirements of 49 CFR 234.247, Purpose of inspections and tests;
removal from service of relay or device failing to meet test
requirements, to allow GRYR to operate over non-functioning highway-
rail grade crossings (HRGC) without making the inspections and tests
required in 49 CFR 234.249 through 234.271. FRA assigned the petition
Docket Number FRA-2017-0035.
    The reason for relief from the requirements is that prior to the
purchase of the railroad by NCMRRA, the previous owner removed major
components from the HRGC warning systems, bungalows, signals, and
gates. As part of GRYR's commitment to provide rail services to those
that require it, GRYR must access areas of the railroad previously
deemed out of service. GRYR proposes to operate over affected HRGCs by
the following alternative method:
     Making all movements over HRGC in daylight hours.
     Working with local authorities to obtain permission to
close the roadway at a HRGC requiring occupation by a train.
     Stationing an employee at each crossing to provide warning
to approaching highway traffic and communicate with motorists as
needed.
    GRYR requests to use the proposed method of alternative protection
on the GRYR Subdivision, between milepost (MP) 629 near Duck Hill, MS,
and MP 686 south of Durant, MS, for a period not to extend beyond
December 31, 2017. During this time period, GRYR plans to acquire and
install the equipment necessary to bring the HRGC warning systems into
compliance.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the Department of Transportation's
(DOT) Docket Operations Facility, 1200 New Jersey Avenue SE., W12-140,
Washington, DC 20590. The Docket Operations Facility is open from 9
a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by July 10, 2017 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.). In
accordance with 5 U.S.C. 553(c), DOT solicits comments from the public
to better inform its processes. DOT posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Safety, Chief Safety Officer.
[FR Doc. 2017-10644 Filed 5-23-17; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: June 15, 2009 (Volume 74, Number 113)]
[Rules and Regulations]
[Page 28158-28160]
[DOCID:fr15jn09-6]

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DEPARTMENT OF TRANSPORTATION

14 CFR Part 97

[Docket No. 30671; Amdt. No. 3325]

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 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 June 15, 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
June 15, 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: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability--All SIAPs are available online free of charge. Visit
http://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:<PHONE_NUMBER>.

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 May 29, 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:

    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, 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

----------------------------------------------------------------------------------------------------------------
      FDC date            State               City                  Airport         FDC No.         Subject
----------------------------------------------------------------------------------------------------------------
05/14/09............  CA            AVALON..................  CATALINA..........      9/9066  VOR/DME OR GPS-B,
                                                                                AMDT 2A.
05/14/09............  CA            AVALON..................  CATALINA..........      9/9067  VOR OR GPS-A, AMDT
                                                                                4A.
05/15/09............  CA            OAKDALE.................  OAKDALE...........      9/0226  VOR-A, ORIG.
05/15/09............  CA            OAKDALE.................  OAKDALE...........      9/0227  RNAV (GPS) RWY 28,
                                                                                ORIG.
05/15/09............  CA            OAKDALE.................  OAKDALE...........      9/0228  RNAV (GPS) RWY 10,
                                                                                ORIG.

05/26/09............  AZ            PHOENIX.................  PHOENIX SKY HARBOR      9/0233  ILS OR LOC RWY
                                                               INTL.                           25L, AMDT 1C.
05/26/09............  CA            PALO ALTO...............  PALO ALTO ARPT OF       9/0236  VOR/DME RWY 31,
                                                               SANTA CLARA CO.                 ORIG-A.
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[FR Doc. E9-13874 Filed 6-12-09; 8:45 am]

BILLING CODE 4910-13-P