48550 Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Rules and Regulations 

annual receipts do not exceed $7 

million, whichever is higher. 

In accordance with 13 CFR 

121.302(a), this rule will apply to 

applications for surety bond guarantees 

accepted for processing by SBA on or 

after October 1, 2010. 

II. Consideration of Comments 

SBA believes that this direct final rule 

is non-controversial since it simply 

adopts the temporary size standard 

established for the Surety Bond 

Guarantee Program under the Recovery 

Act, and would make the Surety Bond 

Guarantee Program size eligibility 

criteria consistent with SBA industry 

based standards. SBA also notes that it 

received no adverse comments to the 

temporary size standard that was 

published in the Federal Register on 

July 22, 2009 (74 FR 36110), and 

anticipates no significant adverse 

comments to this direct final rule. If 

SBA receives any significant adverse 

comments, it will publish a notice in the 

Federal Register for a timely 

withdrawal of this direct final rule. 

Section Analysis 

Section 121.301(d). SBA is 

permanently adopting a temporary 

provision of the American Recovery and 

Reinvestment Act of 2009 that specifies 

that a concern is small if it, together 

with its affiliates, meets the size 

standard corresponding to the NAICS 

code for the primary industry in which 

it, together with its affiliates, is engaged. 

This direct final rule will make the SBG 

Program size eligibility criteria 

consistent with SBA industry based 

standards. It will expand the scope of 

eligible small businesses and will 

enable SBA to assist more small 

businesses to obtain the bonding 

necessary for them to bid on and 

perform contracts. SBA is retaining the 

$7 million alternative size standard for 

construction or services contracts 

performed in the Presidentially-declared 

disaster areas resulting from the 2005 

Hurricanes Katrina, Rita or Wilma. 

Compliance With Executive Orders 

12866, 12988, and 13132, the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35), and the Regulatory 

Flexibility Act (5 U.S.C. 601–612) 

Executive Order 12866 

The Office of Management and Budget 

(OMB) has determined that this direct 

final rule does not constitute a 

significant regulatory action under 

Executive Order 12866. This rule is also 

not a major rule under the 

Congressional Review Act. 

Executive Order 12988 

This action meets applicable 

standards set forth in Sections 3(a) and 

3(b)(2) of Executive Order 12988, Civil 

Justice Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. The action does not have 

retroactive or preemptive effect. 

Executive Order 13132 

For purposes of Executive Order 

13132, SBA has determined that this 

direct final rule will not have 

substantial, direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, for the 

purpose of Executive Order 13132, 

Federalism, SBA has determined that 

this direct final rule has no federalism 

implications warranting preparation of a 

federalism assessment. 

Paperwork Reduction Act, 44 U.S.C., 

Chapter 35 

SBA has determined that this direct 

final rule does not impose additional 

reporting or recordkeeping requirements 

under the Paperwork Reduction Act, 44 

U.S.C., Chapter 35. 

Regulatory Flexibility Act, 5 U.S.C. 601– 

612 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601, requires administrative 

agencies to consider the effect of their 

actions on small entities, small nonprofit enterprises, and small local 

governments. Pursuant to RFA, when an 

agency issues a rulemaking, the agency 

must prepare a regulatory flexibility 

analysis which describes the impact of 

this rule on small entities. However, 

section 605 of the RFA allows an agency 

to certify a rule, in lieu of preparing an 

analysis, if the rulemaking is not 

expected to have a significant economic 

impact on a substantial number of small 

entities. Within the meaning of RFA, 

SBA certifies that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

There are 18 Sureties that participate in 

the SBG Program, and no part of this 

direct final rule would impose any 

significant additional cost or burden on 

them. 

List of Subjects in 13 CFR Part 121 

Administrative practice and 

procedure, Government procurement, 

Loan programs—business, Reporting 

and recordkeeping requirements, Small 

businesses. 

■ For the reasons stated in the preamble, 

SBA amends 13 CFR part 121 as 

follows: 

PART 121—SMALL BUSINESS SIZE 

REGULATIONS 

■ 1. The authority citation for part 121 

is revised to read as follows: 

Authority: 15 U.S.C. 632, 634(b)(6), 636(b), 

637(a), 644, 662(5) and 694a; Pub. L. 105– 

135, sec. 401 et seq., 111 Stat. 2592. 

■ 2. Amend § 121.301 by revising 

paragraph (d) to read as follows: 

§ 121.301 What size standards are 

applicable to financial assistance 

programs? 

* * * * * 

(d) For Surety Bond Guarantee 

assistance— 

(1) A business concern, combined 

with its affiliates, must meet the size 

standard for the primary industry in 

which such business concern, combined 

with its affiliates, is engaged. 

(2) For any contract or subcontract, 

public or private, to be performed in the 

Presidentially-declared disaster areas 

resulting from the 2005 Hurricanes 

Katrina, Rita or Wilma, a construction 

(general or special trade) concern or 

concern performing a contract for 

services is small if it meets the size 

standard set forth in paragraph (d)(1) of 

this section, or the average annual 

receipts of the concern, together with its 

affiliates, do not exceed $7 million, 

whichever is higher. 

* * * * * 

Dated: August 5, 2010. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2010–19741 Filed 8–10–10; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0498; Airspace 

Docket No. 10–ASO–26] 

Amendment of Class E Airspace; Pine 

Mountain, GA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

Airspace at Pine Mountain, GA, to 

accommodate the Standard Instrument 

Approach Procedures (SIAPs) 

developed for Harris County Airport. 

DATES: Effective 0901 UTC, November 

18, 2010. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010 / Rules and Regulations 48551 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5610. 

SUPPLEMENTARY INFORMATION: 

History 

On May 24, 2010, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to amend Class E 

airspace at Pine Mountain, GA (75 FR 

28765) Docket No. FAA–2010–0498. 

Interested persons were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Class E airspace 

designations are published in paragraph 

6005 of FAA Order 7400.9T signed 

August 27, 2009, and effective 

September 15, 2009, which is 

incorporated by reference in 14 CFR 

Part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

amends the Class E airspace extending 

upward from 700 feet above the surface 

at Pine Mountain, GA to provide 

controlled airspace required to support 

the SIAPs for Harris County Airport. 

This action is necessary for the safety 

and management of IFR operations at 

the airport. 

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, is non-controversial and 

unlikely to result in adverse or negative 

comments. 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, when 

promulgated, 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 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. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of airspace necessary to 

ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it amends Class E airspace at Pine 

Mountain, GA. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR Part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND CLASS E AIRSPACE 

AREAS; AIR TRAFFIC SERVICE 

ROUTES; AND REPORTING POINTS 

■ 1. The authority citation for 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. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, effective 

September 15, 2009, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO GA E5 Pine Mountain, GA [Amended] 

Harris County Airport, GA 

(Lat. 32°50′26′′ N., long. 84°52′57′′ W.) 

Pine Mountain NDB, GA 

(Lat. 32°50′34′′ N., long. 84°52′22′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 8-mile radius 

of the Harris County Airport and within 8 

miles north and 4 miles south of the 267° 

bearing from the Pine Mountain NDB 

extending from the 8-mile radius of the 

Harris County Airport to 16 miles from the 

Harris County Airport. 

Issued in College Park, Georgia, on July 30, 

2010. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2010–19584 Filed 8–10–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0416; Airspace 

Docket No. 10–AEA–12] 

Establishment of Class E Airspace; 

Williamson, WV 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E Airspace at Williamson, WV, to 

accommodate the additional airspace 

needed for the Standard Instrument 

Approach Procedures (SIAPs) 

developed for Mingo County Regional. 

This action also makes a minor 

adjustment to the geographic 

coordinates of the airport. 

DATES: Effective 0901 UTC, November 

18, 2010. 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: 

Melinda Giddens, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5610. 

SUPPLEMENTARY INFORMATION: 

History 

On May 11, 2010, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to establish Class 

E airspace at Williamson, WV (75 FR 

26150) Docket No. FAA–2010–0416. 

Subsequent to publication, the FAA 

found that the geographic coordinates 

needed to be adjusted. This action 

makes that adjustment by incorporating 

the revised geographic coordinates into 

the final rule. Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. No 

comments were received. Class E 

airspace designations are published in 

paragraph 6005 of FAA Order 7400.9T 

signed August 27, 2009, and effective 


srobinson on DSKHWCL6B1PROD with RULES