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

AGENCY:

Federal Aviation Administration (FAA), Department of Transportation (DOT).

ACTION:

Final rule.

SUMMARY:

The FAA is issuing a final rule that removes certain redundant or underutilized ground-based nondirectional radio beacon (NDB) and VHF omnidirectional range (VOR) Standard Instrument Approach Procedures (SIAPs). On April 13, 2015, the FAA published a notice of proposed rulemaking to remove 736 procedures. After consideration of public comments and conducting an internal review, the FAA has decided to move forward with removing 334 procedures that did not receive public comment. The 198 procedures for which comments were received will be addressed in the future. The FAA also identified 191 procedures that were proposed for removal but that do not meet the criteria at this time. Those 191 procedures may be reevaluated at a later date; however, their removal is withdrawn from consideration in this rule. There are 13 procedures erroneously identified in the NPRM that were already in the process for removal and should not have been included in this proceeding. The FAA concluded that these procedures should continue in the separate proceeding and are not addressed in this final rule.

DATES:

This rule is effective December 10, 2015. The removal date of each SIAP, associated Takeoff Minimums, and ODP is as specified in the amendatory provisions.

ADDRESSES:

For information on where to obtain copies of rulemaking documents and other information related to this final rule, see “How To Obtain Additional Information” in the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT:

For technical questions concerning this action, contact Mark D. Adams, Aeronautical Navigation Products, AJV-5, Aeronautical Information Services, Federal Aviation Administration, Air Traffic Organization, 6500 S. MacArthur Blvd. (MMAC), Bldg. 5, Room 104, Oklahoma City, OK 73169; Telephone (405) 954-9946; Email AMC-ATO-IFP-Cancellations@faa.gov.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

The FAA's authority to issue rules on aviation safety is found in Title 49 of the United States Code. Subtitle I, 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 i, Section 40103, sovereignty and use of airspace, and Subpart iii, Section 44701, general requirements. Under these sections, the FAA is charged with prescribing regulations to regulate the safe and efficient use of the navigable airspace; to govern the flight, navigation, protection, and identification of aircraft for the protection of persons and property on the ground, and for the efficient use of the navigable airspace (49 U.S.C. 40103(b)), and to promote safe flight of civil aircraft in air commerce by prescribing regulations and minimum standards for other practices, methods, and procedures necessary for safety in air commerce and national security (49 U.S.C. 44701(a)(5)). This action is within the scope of that authority.

SIAPs are promulgated by rulemaking procedures and are incorporated by reference pursuant to 5 U.S.C. 552(a) and 1 CFR part 51 into Title 14 of the Code of Federal Regulations; Part 97 (14 CFR part 97), Subpart C—TERPS Procedures.

Background

On June 27, 2014, the FAA published criteria for determining whether to retain existing SIAPs (79 FR 36576). Removing identified ground-based NDB and VOR SIAPs is an integral part of right-sizing the quantity and type of procedures in the National Airspace System (NAS). As new technology facilitates the introduction of area navigation (RNAV) instrument approach procedures, the number of procedures available in the NAS has nearly doubled over the past decade. The complexity and cost of maintaining the existing ground based navigational infrastructure while expanding RNAV capability is not sustainable.

On April 13, 2015, the FAA published a notice of proposed rulemaking (NPRM) proposing to remove certain SIAPs (80 FR 19577). The NPRM included a list of 736 procedures that were identified for cancellation and the comment period closed on May 28, 2015.

The following 13 SIAPs were proposed for cancellation in the NPRM. In reviewing the procedures and comments, the FAA realized that these 13 procedures were already being processed for cancellation and were at various stages. Additionally, the navigation facilities supporting a number of these procedures were either decommissioned or at various stages of that process. The inclusion of these procedures in the NPRM was in error, in that these procedures were already subject to prior agency commitments. The FAA notes three of these procedures received comment (VOR RWY 18 at Pryor Field Regional, Alabama (DCU); NDB RWY 14 at Montgomery County Airpark, Maryland (GAI); and NDB RWY 27 at Athens/Ben Epps, Georgia (AHN)) concerning lack of backup instrument flight procedures in case of instrument landing system failure, impacts to instrument flight training, and reduced airport access. The FAA confirms that for each of the three above affected procedures, the airports continue to maintain at least one other ground based procedure. In addition, there remain procedures available within a 20 nm radius of these airports for instrument flight training. The procedures are listed below with the associated Federal Register citation announcing the cancellation.

The FAA proposed to cancel 191 procedures listed in the following table. However, after further consideration and a reevaluation of the policy criteria described in the June 27, 2014, statement of policy, the FAA has determined that these procedures do not meet the criteria at this time. Therefore these procedures will remain in effect and are not included in this final rule; however the FAA may reevaluate these procedures at a later date.

Lastly, the FAA received comments on 198 SIAPs that are still under review. Once the agency has made a determination on those procedures, and if warranted, the FAA will issue a final rule cancelling any subject procedures. For the remaining 335 SIAPs proposed in the NPRM upon which no comments were received, the FAA has decided to proceed with cancellation of those procedures.

The Amendment

SIAPs and associated supporting data adopted or removed by the FAA are documented on FAA Forms 8260-3, 8260-4, and 8260-5, which are incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97. The following procedures did not receive any comments and the FAA has determined that they should be removed consistent with FAA policy on maintaining instrument approach procedures in the NAS. Additionally, the list can be viewed on the Aeronautical Information Services IFP Announcements and Reports Web page at the following link, https://www.faa.gov/air_traffic/flight_info/aeronav/procedures/reports/.

Conclusion

The FAA has determined that this final rule 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.

Additional Information

A. Availability of Rulemaking Documents

An electronic copy of rulemaking documents may be obtained from the Internet by—

1. Searching the Federal eRulemaking Portal ( http://www.regulations.gov );

2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies or

3. Accessing the Government Publishing Office's Web page at http://www.gpo.gov/fdsys/.

Copies may also be obtained by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591, or by calling (202) 267-9677. Persons requesting additional information must identify the docket or amendment number of this rulemaking.

All documents the FAA considered in developing this rule, including technical reports, may be accessed from the Internet through the Federal eRulemaking Portal referenced in item (1) above.

B. Comments Submitted to the Docket

Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the docket number for this action. Anyone is able to search the electronic form of all comments received into any of the FAA'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.).

C. Small Business Regulatory Enforcement Fairness Act

The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. A small entity with questions regarding this document, may contact its local FAA official, or the person listed under the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in 14 CFR Part 97

• Air traffic control
• Airports
• Incorporation by reference
• Navigation (air)

Adoption of the Amendment

Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by removing Standard Instrument Approach Procedures and/or Takeoff Minimums and Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES

1. The authority citation for part 97 is revised to read as follows:

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

2. Part 97 is amended by removing the specified procedures as follows:

The following procedures will be removed effective December 10, 2015.

The following procedures will be removed effective February 04, 2016.

The following procedures will be removed effective March 31, 2016.