80 FR 61978 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 80, Issue 199 (October 15, 2015)
Federal Aviation Administration
Federal Register Volume 80, Issue 199 (October 15, 2015)
| Page Range | 61978-61980 | |
| FR Document | 2015-25566 |
[Federal Register Volume 80, Number 199 (Thursday, October 15, 2015)] [Rules and Regulations] [Pages 61978-61980] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25566] [[Page 61978]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31037; Amdt. No. 3661] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) 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 October 15, 2015. 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 October 15, 2015. ADDRESSES: Availability of matters 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 Navigation Products, 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 and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center 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: Richard A. Dunham III, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Divisions, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd. Oklahoma City, OK. 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) Telephone: (405) 954-4164. SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of Federal Regulations, Part 97 (14 CFR part 97), by establishing, amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS. The complete regulatory description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part Sec. 97.20. The applicable FAA forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when required by an entry on 8260-15A. The large number of SIAPs, Takeoff Minimums and ODPs, their complex nature, and the need for a special format make publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead 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, Takeoff Minimums and ODP listed on FAA form documents is unnecessary. This amendment provides the affected CFRs and specifies the types of SIAPs, 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/or 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, Takeoff Minimums and ODP as Amended in the transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments may have been issued previously by the FAA in a Flight Data Center (FDC) Notice to Airmen (NOTAM) as an emergency action of immediate flight safety relating directly to published aeronautical charts. The circumstances that created the need for some SIAP and Takeoff Minimums and ODP amendments may require making them effective in less than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an effective date at least 30 days after publication is provided. Further, the SIAPs and Takeoff Minimums and ODPs contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. 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 some 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 [[Page 61979]] 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 September 11, 2015. John Duncan, Director, Flight Standards Service. 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 establishing, amending, suspending, or 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 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: Effective 15 OCTOBER 2015 Demopolis, AL, Demopolis Rgnl, RNAV (GPS) RWY 4, Amdt 1 Demopolis, AL, Demopolis Rgnl, RNAV (GPS) RWY 22, Amdt 1 Oakland, CA, Metropolitan Oakland Intl, ILS OR LOC RWY 30, ILS RWY 30 (CAT II), ILS RWY 30 (CAT III), ILS RWY 30 (SA CAT I), Amdt 29 Oakland, CA, Metropolitan Oakland Intl, RNAV (GPS) Y RWY 30, Amdt 5 Oakland, CA, Metropolitan Oakland Intl, RNAV (RNP) Z RWY 30, Amdt 3 Hayden, CO, Yampa Valley, ILS OR LOC/DME RWY 10, Orig Hayden, CO, Yampa Valley, ILS OR LOC/DME Y RWY 10, Amdt 3, CANCELED Hayden, CO, Yampa Valley, RNAV (GPS) RWY 28, Amdt 3 Hayden, CO, Yampa Valley, RNAV (GPS) Y RWY 10, Amdt 3 Hayden, CO, Yampa Valley, RNAV (RNP) Z RWY 10, Amdt 2 Telluride, CO, Telluride Rgnl, Takeoff Minimums and Obstacle DP, Amdt 3 Athens, GA, Athens/Ben Epps, ILS OR LOC/DME RWY 27, Amdt 2 Athens, GA, Athens/Ben Epps, NDB RWY 27, Amdt 1A, CANCELED Athens, GA, Athens/Ben Epps, RNAV (GPS) RWY 2, Amdt 1 Athens, GA, Athens/Ben Epps, RNAV (GPS) RWY 9, Amdt 1 Athens, GA, Athens/Ben Epps, RNAV (GPS) RWY 20, Amdt 1 Athens, GA, Athens/Ben Epps, RNAV (GPS) RWY 27, Amdt 1 Athens, GA, Athens/Ben Epps, Takeoff Minimums and Obstacle DP, Amdt 2 Athens, GA, Athens/Ben Epps, VOR RWY 27, Amdt 13 Atlanta, GA, Hartsfield-Jackson Atlanta Intl, ILS OR LOC RWY 27L, ILS RWY 27L (SA CAT I), ILS RWY 27L (CAT II), Amdt 18A Atlanta, GA, Hartsfield-Jackson Atlanta Intl, ILS PRM RWY 27L, ILS PRM RWY 27L (SA CAT I), ILS PRM RWY 27L (CAT II) (SIMULTANEOUS CLOSE PARALLEL), Amdt 3A Bloomington/Normal, IL, Central IL Rgnl Arpt At Bloomington-Normal, ILS OR LOC RWY 20, ILS RWY 20 (CAT II), Amdt 3A Bloomington/Normal, IL, Central IL Rgnl Arpt At Bloomington-Normal, ILS OR LOC RWY 29, Amdt 11 Bloomington/Normal, IL, Central IL Rgnl Arpt At Bloomington-Normal, ILS OR LOC/DME RWY 2, Orig-B Bloomington/Normal, IL, Central IL Rgnl Arpt At Bloomington-Normal, LOC BC RWY 11, Amdt 11 Bloomington/Normal, IL, Central IL Rgnl Arpt At Bloomington-Normal, RNAV (GPS) RWY 2, Orig-B Bloomington/Normal, IL, Central IL Rgnl Arpt At Bloomington-Normal, RNAV (GPS) RWY 11, Amdt 1A Bloomington/Normal, IL, Central IL Rgnl Arpt At Bloomington-Normal, RNAV (GPS) RWY 20, Amdt 1A Bloomington/Normal, IL, Central IL Rgnl Arpt At Bloomington-Normal, RNAV (GPS) RWY 29, Amdt 1A Bloomington/Normal, IL, Central IL Rgnl Arpt At Bloomington-Normal, Takeoff Minimums and Obstacle DP, Orig-A Peru, IL, Illinois Valley Rgnl-Walter A Duncan Field, LOC RWY 36, Amdt 4 Peru, IL, Illinois Valley Rgnl-Walter A Duncan Field, RNAV (GPS) RWY 18, Amdt 1 Peru, IL, Illinois Valley Rgnl-Walter A Duncan Field, RNAV (GPS) RWY 36, Amdt 1 Peru, IL, Illinois Valley Rgnl-Walter A Duncan Field, Takeoff Minimums and Obstacle DP, Amdt 1 Oberlin, KS, Oberlin Muni, NDB RWY 35, Amdt 1 Oberlin, KS, Oberlin Muni, RNAV (GPS) RWY 17, Orig Oberlin, KS, Oberlin Muni, RNAV (GPS) RWY 35, Orig Frankfort, KY, Capital City, RNAV (GPS) RWY 7, Amdt 3 Frankfort, KY, Capital City, RNAV (GPS) RWY 25, Amdt 4 New Orleans, LA, Louis Armstrong New Orleans Intl, ILS OR LOC RWY 2, Amdt 18 New Orleans, LA, Louis Armstrong New Orleans Intl, ILS OR LOC RWY 11, ILS RWY 11 (SA CAT I), ILS RWY 11 (CAT II), ILS RWY 11 (CAT III), Amdt 3 New Orleans, LA, Louis Armstrong New Orleans Intl, ILS OR LOC RWY 29, Amdt 10 New Orleans, LA, Louis Armstrong New Orleans Intl, LOC RWY 20, Amdt 3 New Orleans, LA, Louis Armstrong New Orleans Intl, RNAV (GPS) RWY 2, Amdt 2 New Orleans, LA, Louis Armstrong New Orleans Intl, RNAV (GPS) Y RWY 11, Amdt 2 New Orleans, LA, Louis Armstrong New Orleans Intl, RNAV (GPS) Y RWY 20, Amdt 3 New Orleans, LA, Louis Armstrong New Orleans Intl, RNAV (GPS) Y RWY 29, Amdt 4 New Orleans, LA, Louis Armstrong New Orleans Intl, RNAV (RNP) Z RWY 11, Amdt 1 New Orleans, LA, Louis Armstrong New Orleans Intl, RNAV (RNP) Z RWY 20, Amdt 1 New Orleans, LA, Louis Armstrong New Orleans Intl, RNAV (RNP) Z RWY 29, Amdt 2 New Orleans, LA, Louis Armstrong New Orleans Intl, Takeoff Minimums and Obstacle DP, Amdt 2 New Orleans, LA, Louis Armstrong New Orleans Intl, VOR/DME RWY 11, Amdt 1 Reserve, LA, St John The Baptist Parish, RNAV (GPS) RWY 17, Amdt 1 Reserve, LA, St John The Baptist Parish, RNAV (GPS) RWY 35, Amdt 1 Reserve, LA, St John The Baptist Parish, Takeoff Minimums and Obstacle DP, Amdt 1 Reserve, LA, St John The Baptist Parish, VOR RWY 35, Amdt 1 Houlton, ME, Houlton Intl, RNAV (GPS) RWY 5, Orig-B Oxford, ME, Oxford County Rgnl, RNAV (GPS) RWY 15, Orig-B Oxford, ME, Oxford County Rgnl, RNAV (GPS) RWY 33, Orig-B Ludington, MI, Mason County, NDB RWY 26, Orig-A, CANCELED Minneapolis, MN, Minneapolis-St Paul Intl/Wold-Chamberlain, ILS Z OR LOC RWY 30L, ILS Z RWY 30L (CAT II), Amdt 46A Festus, MO, Festus Memorial, NDB OR GPS RWY 36, Amdt 2A, CANCELED Festus, MO, Festus Memorial, RNAV (GPS)-A, Orig Festus, MO, Festus Memorial, Takeoff Minimums and Obstacle DP, Amdt 4 Bowman, ND, Bowman Muni, GPS RWY 29, Orig, CANCELED Bowman, ND, Bowman Muni, NDB RWY 29, Amdt 3, CANCELED Bowman, ND, Bowman Muni, Takeoff Minimums and Obstacle DP, Orig, CANCELED Norwich, NY, Lt Warren Eaton, RNAV (GPS) RWY 1, Amdt 1 Norwich, NY, Lt Warren Eaton, RNAV (GPS) RWY 19, Amdt 1 Norwich, NY, Lt Warren Eaton, Takeoff Minimums and Obstacle DP, Amdt 4 Schenectady, NY, Schenectady County, RNAV (GPS) RWY 10, Orig-D San Juan, PR, Fernando Luis Ribas Dominicci, Takeoff Minimums and Obstacle DP, Amdt 1 Lexington-Parsons, TN, Beech River Rgnl, RNAV (GPS) RWY 1, Amdt 1 Lexington-Parsons, TN, Beech River Rgnl, RNAV (GPS) RWY 19, Amdt 1 Lexington-Parsons, TN, Beech River Rgnl, VOR-A, Orig-A, CANCELED Nashville, TN, John C Tune, ILS OR LOC/DME RWY 20, Amdt 2 [[Page 61980]] Nashville, TN, John C Tune, RNAV (GPS) RWY 2, Amdt 2 Nashville, TN, John C Tune, RNAV (GPS) RWY 20, Amdt 2 Nashville, TN, John C Tune, Takeoff Minimums and Obstacle DP, Amdt 2 Austin, TX, Austin-Bergstrom Intl, RNAV (GPS) Y RWY 35R, Amdt 1B Austin, TX, Austin-Bergstrom Intl, RNAV (RNP) Z RWY 35L, Orig Austin, TX, Austin-Bergstrom Intl, RNAV (RNP) Z RWY 35R, Orig Castroville, TX, Castroville Muni, RNAV (GPS) RWY 16, Amdt 1 Castroville, TX, Castroville Muni, RNAV (GPS) RWY 34, Amdt 1 Castroville, TX, Castroville Muni, Takeoff Minimums and Obstacle DP, Orig Eastland, TX, Eastland Muni, NDB RWY 35, Amdt 3A, CANCELED Mosinee, WI, Central Wisconsin, VOR/DME RWY 35, Amdt 9B, CANCELED Stevens Point, WI, Stevens Point Muni, VOR/DME RWY 3, Amdt 15, CANCELED Stevens Point, WI, Stevens Point Muni, VOR/DME RWY 21, Amdt 19, CANCELED Stevens Point, WI, Stevens Point Muni, VOR/DME RWY 30, Amdt 18, CANCELED Wisconsin Rapids, WI, Alexander Field South Wood County, VOR/DME OR GPS-A, Amdt 9A, CANCELED [FR Doc. 2015-25566 Filed 10-14-15; 8:45 am] BILLING CODE 4910-13-P
![61978 Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION Availability The material incorporated by
reference describes SIAPS, Takeoff
Federal Aviation Administration All SIAPs and Takeoff Minimums and
Minimums and/or ODPS as identified in
ODPs are available online free of charge.
Visit the National Flight Data Center at the amendatory language for part 97 of
14 CFR Part 97 this final rule.
nfdc.faa.gov to register. Additionally,
[Docket No. 31037; Amdt. No. 3661] individual SIAP and Takeoff Minimums The Rule
and ODP copies may be obtained from
Standard Instrument Approach the FAA Air Traffic Organization This amendment to 14 CFR part 97 is
Procedures, and Takeoff Minimums Service Area in which the affected effective upon publication of each
and Obstacle Departure Procedures; airport is located. separate SIAP, Takeoff Minimums and
Miscellaneous Amendments
FOR FURTHER INFORMATION CONTACT: ODP as Amended in the transmittal.
AGENCY: Federal Aviation Richard A. Dunham III, Flight Procedure Some SIAP and Takeoff Minimums and
Administration (FAA), DOT. Standards Branch (AFS–420), Flight textual ODP amendments may have
ACTION: Final rule. Technologies and Programs Divisions, been issued previously by the FAA in a
Flight Standards Service, Federal Flight Data Center (FDC) Notice to
SUMMARY: This rule establishes, amends, Aviation Administration, Mike Airmen (NOTAM) as an emergency
suspends, or removes Standard Monroney Aeronautical Center, 6500 action of immediate flight safety relating
Instrument Approach Procedures South MacArthur Blvd. Oklahoma City, directly to published aeronautical
(SIAPs) and associated Takeoff OK. 73169 (Mail Address: P.O. Box charts.
Minimums and Obstacle Departure 25082, Oklahoma City, OK 73125)
Procedures (ODPs) for operations at The circumstances that created the
Telephone: (405) 954–4164.
certain airports. These regulatory need for some SIAP and Takeoff
actions are needed because of the SUPPLEMENTARY INFORMATION: This rule Minimums and ODP amendments may
adoption of new or revised criteria, or amends Title 14 of the Code of Federal require making them effective in less
because of changes occurring in the Regulations, Part 97 (14 CFR part 97), by than 30 days. For the remaining SIAPs
National Airspace System, such as the establishing, amending, suspending, or and Takeoff Minimums and ODPs, an
commissioning of new navigational removes SIAPS, Takeoff Minimums effective date at least 30 days after
facilities, adding new obstacles, or and/or ODPS. The complete regulatory publication is provided.
changing air traffic requirements. These description of each SIAP and its
associated Takeoff Minimums or ODP Further, the SIAPs and Takeoff
changes are designed to provide safe
for an identified airport is listed on FAA Minimums and ODPs contained in this
and efficient use of the navigable
airspace and to promote safe flight form documents which are incorporated amendment are based on the criteria
operations under instrument flight rules by reference in this amendment under 5 contained in the U.S. Standard for
at the affected airports. U.S.C. 552(a), 1 CFR part 51, and 14 Terminal Instrument Procedures
CFR part § 97.20. The applicable FAA (TERPS). In developing these SIAPs and
DATES: This rule is effective October 15,
2015. The compliance date for each forms are FAA Forms 8260–3, 8260–4, Takeoff Minimums and ODPs, the
SIAP, associated Takeoff Minimums, 8260–5, 8260–15A, and 8260–15B when TERPS criteria were applied to the
and ODP is specified in the amendatory required by an entry on 8260–15A. conditions existing or anticipated at the
provisions. The large number of SIAPs, Takeoff affected airports. Because of the close
The incorporation by reference of Minimums and ODPs, their complex and immediate relationship between
certain publications listed in the nature, and the need for a special format these SIAPs, Takeoff Minimums and
regulations is approved by the Director make publication in the Federal ODPs, and safety in air commerce, I find
of the Federal Register as of October 15, Register expensive and impractical. that notice and public procedure under
2015. Further, airmen do not use the 5 U.S.C. 553(b) are impracticable and
ADDRESSES: Availability of matters regulatory text of the SIAPs, Takeoff contrary to the public interest and,
incorporated by reference in the Minimums or ODPs, but instead refer to where applicable, under 5 U.S.C 553(d),
amendment is as follows: their graphic depiction on charts good cause exists for making some
printed by publishers of aeronautical SIAPs effective in less than 30 days.
For Examination materials. Thus, the advantages of
incorporation by reference are realized The FAA has determined that this
1. U.S. Department of Transportation,
and publication of the complete regulation only involves an established
Docket Ops-M30, 1200 New Jersey
Avenue SE., West Bldg., Ground Floor, description of each SIAP, Takeoff body of technical regulations for which
Washington, DC 20590–0001. Minimums and ODP listed on FAA form frequent and routine amendments are
2. The FAA Air Traffic Organization documents is unnecessary. This necessary to keep them operationally
Service Area in which the affected amendment provides the affected CFRs current. It, therefore—(1) is not a
airport is located; and specifies the types of SIAPs, Takeoff ‘‘significant regulatory action’’ under
3. The office of Aeronautical Minimums and ODPs with their Executive Order 12866; (2) is not a
Navigation Products, 6500 South applicable effective dates. This ‘‘significant rule’’ under DOT
MacArthur Blvd., Oklahoma City, OK amendment also identifies the airport Regulatory Policies and Procedures (44
73169 or, and its location, the procedure, and the FR 11034; February 26,1979); and (3)
4. The National Archives and Records amendment number. does not warrant preparation of a
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Administration (NARA). For Availability and Summary of Material regulatory evaluation as the anticipated
information on the availability of this Incorporated by Reference impact is so minimal. For the same
material at NARA, call 202–741–6030, reason, the FAA certifies that this
or go to: http://www.archives.gov/ The material incorporated by amendment will not have a significant
federal_register/code_of_federal_ reference is publicly available as listed economic impact on a substantial
regulations/ibr_locations.html. in the ADDRESSES section.
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![61980 Federal Register / Vol. 80, No. 199 / Thursday, October 15, 2015 / Rules and Regulations
Nashville, TN, John C Tune, RNAV (GPS) of FHA’s acquisition and suits are entirely eliminate, problems FHA has
RWY 2, Amdt 2 brought for payment of taxes and fees. faced with unpaid taxes and fees when
Nashville, TN, John C Tune, RNAV (GPS) This rule provides HUD’s interpretation FHA takes title to single family
RWY 20, Amdt 2
of the ‘‘sue and be sued’’ clause properties. Correspondence regarding
Nashville, TN, John C Tune, Takeoff
Minimums and Obstacle DP, Amdt 2 contained in section 1, Title I of the tax and other property charges and
Austin, TX, Austin-Bergstrom Intl, RNAV National Housing Act. This rule assessments are presently sent to a
(GPS) Y RWY 35R, Amdt 1B provides that, in the case of an action myriad of addresses—either to FHA’s
Austin, TX, Austin-Bergstrom Intl, RNAV brought against HUD to foreclose on a headquarters and field offices across the
(RNP) Z RWY 35L, Orig lien arising out of unpaid taxes or fees, nation, or to the contractors handling
Austin, TX, Austin-Bergstrom Intl, RNAV the term ‘‘court of competent the management of the FHA properties.
(RNP) Z RWY 35R, Orig jurisdiction’’ as used in section 1 of the If a taxing authority, HOA, CA, or
Castroville, TX, Castroville Muni, RNAV National Housing Act refers to a United
(GPS) RWY 16, Amdt 1 special assessment entity is unable to
Castroville, TX, Castroville Muni, RNAV
States District Court. In conjunction obtain payment of the amounts due after
(GPS) RWY 34, Amdt 1 with this interpretive rule, HUD is sending out notices and contacting FHA
Castroville, TX, Castroville Muni, Takeoff providing, by separate notices published offices and contractors, its alternative
Minimums and Obstacle DP, Orig in today’s Federal Register, direction to has been to perfect a lien under
Eastland, TX, Eastland Muni, NDB RWY 35, taxing authorities and other entities applicable local law and then attempt to
Amdt 3A, CANCELED owed money as to the proper Point of enforce the lien against the HUD owned
Mosinee, WI, Central Wisconsin, VOR/DME Contact (POC) at HUD for seeking property by foreclosing the lien on the
RWY 35, Amdt 9B, CANCELED payment. In the unlikely event that
Stevens Point, WI, Stevens Point Muni, VOR/ property. Normally, absent the
payment is not timely made, the entity involvement of a Federal agency, this is
DME RWY 3, Amdt 15, CANCELED
Stevens Point, WI, Stevens Point Muni, VOR/ can bring an action under the Quiet accomplished under a state court
DME RWY 21, Amdt 19, CANCELED Title Act in the appropriate United procedure, which varies greatly from
Stevens Point, WI, Stevens Point Muni, VOR/ States District Court to foreclose on its jurisdiction to jurisdiction as to the time
DME RWY 30, Amdt 18, CANCELED lien interest in the property. period in which to respond to the
Wisconsin Rapids, WI, Alexander Field DATES: Effective Date: October 15, 2015. summons and complaint, as well as
South Wood County, VOR/DME OR FOR FURTHER INFORMATION CONTACT: upon who service is required to be
GPS–A, Amdt 9A, CANCELED
Bruce S. Albright, Senior Trial Attorney made. HUD’s involvement as a Federal
[FR Doc. 2015–25566 Filed 10–14–15; 8:45 am] and Litigation Risk Advisor, Office of government agency, however, means
BILLING CODE 4910–13–P Litigation, Office of General Counsel, that the proper venue should be in
Department of Housing and Urban Federal District Court. On occasion,
Development, 451 7th Street SW., Room when actions are brought in state court,
DEPARTMENT OF HOUSING AND 10258, Washington, DC 20410–8000; the government’s interest cannot be
URBAN DEVELOPMENT telephone number 202–708–0300 (this determined quickly enough for a U.S.
is not a toll-free number). Persons with Attorney’s Office to timely respond to a
24 CFR Part 203 hearing or speech challenges may access complaint that seeks to foreclose FHA’s
[Docket No. FR–5823–IA–01] this number through TTY by calling the ownership interest in a property. If the
toll-free Federal Relay Service at 800– property is taken by the taxing authority
Federal Housing Administration (FHA): 877–8339. or other entity, FHA must expend time
Court of Competent Jurisdiction To SUPPLEMENTARY INFORMATION: and resources to recover the property,
Foreclose Liens on FHA-Owned and may even lose its ability to recoup
Properties I. Background
its insurance losses to the Mutual
Under FHA’s single family mortgage Mortgage Insurance Fund (MMIF).
AGENCY: Office of the General Counsel, insurance program, FHA took title to
HUD. approximately 94,500 properties in II. This Interpretive Rule
ACTION: Interpretive rule. Fiscal Year (FY) 2012 by paying A. Introduction
SUMMARY: The Federal Housing insurance claims to approved
mortgagees. In recouping its losses to This interpretive rule clarifies HUD’s
Administration (FHA) generally longstanding position on the question of
the Mutual Mortgage Insurance Fund
acquires title to single family properties what is meant by the term ‘‘court of
(MMIF), FHA manages and markets
when it pays mortgage insurance competent jurisdiction’’ in the ‘‘sue and
these properties through contractors.
benefits to approved mortgagees. FHA’s There is a time lag between a be sued’’ clause contained in section 1,
activities in managing and marketing mortgagee initiating and completing the Title I of the National Housing Act
the properties it acquires include paying foreclosure of a defaulted insured (NHA) (12 U.S.C. 1702). The purpose of
real estate taxes referred to as ad mortgage and FHA acquiring and this clarification is to assist FHA to
valorem taxes (a tax based on the value managing the property. Taxes or efficiently manage its real estate owned
of the property) and special Homeowners Association (HOA) or (REO) inventory and ensure prompt
assessments. For properties in Condominium Association (CA) fees, or payment for taxes and other fees and
condominiums or planned unit fees for special assessments may come assessments. The purpose is also to
developments, FHA also pays due and payable at the time when the protect FHA’s MMIF assets, which
homeowners’ association or property is being conveyed to FHA (or include acquired single family
condominium association fees. During shortly thereafter) for the insurance properties.2 By accompanying notices in
the period over which an insured lender
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benefits. HUD issued Mortgagee Letter
forecloses and FHA becomes the owner 2013–18 on May 31, 2013, addressing 2 Section 202(a)(3) of the National Housing Act
of the property, taxes or other fees may unpaid tax and association fees.1 This (12 U.S.C. 1708(a)(3)) imposes a fiduciary duty on
become due and payable. With lenders the Secretary to protect the Mutual Mortgage
Mortgagee Letter may reduce, but not Insurance Fund. Section 4(b) of the Department of
conveying close to 100,000 properties HUD Act (42 U.S.C. 3533(b)) requires the Secretary
annually to FHA, bills for taxes and fees 1 See http://portal.hud.gov/hudportal/documents/ to hold FHA managers responsible for protecting
may be past due and payable at the time huddoc?id=13-18ml.pdf. federal assets and performing risk management.
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Document Created: 2018-02-27 08:52:05
Document Modified: 2018-02-27 08:52:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective October 15, 2015. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions. | |
| Contact | Richard A. Dunham III, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Divisions, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd. Oklahoma | |
| FR Citation | 80 FR 61978 | |
| CFR Associated | Air Traffic Control; Airports; Incorporation by Reference and Navigation (air) |
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