Federal Register / Vol. 89, No. 177 / Thursday, September 12, 2024 / Rules and Regulations 74131 

argued that large competitors in the ERS 

industry have a serious advantage over 

smaller businesses in terms of winning 

and executing work, even where only a 

small portion of their total revenue 

comes from ERS work. Large firms can 

leverage their vast resources, extensive 

experiences and economies of scale that 

give them a tremendous competitive 

advantage over a small business making 

roughly similar revenue. Thus, SBA 

should not trim such companies, the 

commenter noted. If SBA believes that 

trimming is necessary, it should provide 

a list of companies that were trimmed 

so that the public can comment on its 

analysis, the commenter added. The 

commenter also urged SBA to let the 

data drive the results rather than 

policies. The commenter also submitted 

a more detailed comment to 

www.regulations.gov, which has been 

summarized above. 

SBA response: SBA has responded to 

the ERS concern above. 

E. Conclusion 

As discussed above, SBA proposed 

two changes to the Methodology: (1) 

adoption of the disparity ratio approach 

to account for the small business 

participation in the Federal market; and 

(2) use of the FPDS–NG and SAM data 

to calculate the 20th percentile and 80th 

percentile values of industry factors to 

evaluate the size standards at the 

subindustry levels, usually known as 

‘‘exceptions.’’ 

SBA received four comments 

supporting the adoption of the disparity 

ratio approach to measure small 

business participation in the Federal 

market. SBA received three comments 

addressing the second issue, with one 

supporting the SBA’s proposal to use 

FPDS–NG and SAM data to derive the 

20th percentile and 80th percentile 

values of industry factors to evaluate 

exception size standards and two 

opposing it. As stated elsewhere, the 

data from the Census Bureau’s 

Economic Census tabulation are limited 

to the six-digit NAICS industry level 

and therefore do not provide 

information on economic characteristics 

of firms at the subindustry level. Thus, 

SBA uses the FPDS–NG and SAM data 

to derive the industry factors for 

exceptions. Therefore, to be consistent, 

SBA is adopting FPDS–NG and SAM 

data to obtain the 20th percentile and 

80th percentile values of industry 

factors for evaluating size standards for 

the NAICS exceptions, instead of using 

the percentiles from the Economic 

Census. As such, SBA is adopting both 

proposed changes in the Revised 

Methodology. 

Several commenters submitted 

comments pertaining to size standards 

for specific industries, including the 

ITVAR exception to NAICS 541519, the 

ERS exception to 562910, Software 

Publishers (NAICS 513210), and a few 

other industries. Comments pertaining 

to specific size standards are beyond the 

scope of the Methodology. Those 

commenters have been advised to 

submit their comments when SBA 

issues proposed rules as part of the third 

5-year review of size standards under 

the Small Business Jobs Act of 2010. 

Isabella Casillas Guzman, 

Administrator. 

[FR Doc. 2024–20228 Filed 9–11–24; 8:45 am] 

BILLING CODE 8026–09–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2024–1556; Airspace 

Docket No. 24–ASW–12] 

RIN 2120–AA66 

Establishment of Class E Airspace; 

Langtry, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at Langtry, TX. The FAA is 

proposing this action to support new 

public instrument procedures. 

DATES: Effective date 0901 UTC, 

December 26, 2024. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR part 51, subject to the annual 

revision of FAA Order JO 7400.11 and 

publication of conforming amendments. 

ADDRESSES: A copy of the Notice of 

Proposed Rulemaking (NPRM), all 

comments received, this final rule, and 

all background material may be viewed 

online at www.regulations.gov using the 

FAA Docket number. Electronic 

retrieval help and guidelines are 

available on the website. It is available 

24 hours each day, 365 days each year. 

FAA Order JO 7400.11H, Airspace 

Designations and Reporting Points, and 

subsequent amendments can be viewed 

online at www.faa.gov/air_traffic/ 

publications/. You may also contact the 

Rules and Regulations Group, Office of 

Policy, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone: (202) 267–8783. 

FOR FURTHER INFORMATION CONTACT: Raul 

Garza Jr., Federal Aviation 

Administration, Operations Support 

Group, Central Service Center, 10101 

Hillwood Parkway, Fort Worth, TX 

76177; telephone (817) 222–5874. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

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 the 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 establishes 

Class E airspace extending upward from 

700 feet above the surface at 4M Ranch 

Airfield, Langtry, TX, to support 

instrument flight rule operations at this 

airport. 

History 

The FAA published an NPRM for 

Docket No. FAA 2024–1556 in the 

Federal Register (89 FR 46339; May 29, 

2024), proposing to establish the Class 

E airspace at Langtry, TX. Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. One comment was received. The 

commenter asked if the surrounding 

private airfields will also be considered 

for Class E airspace. The FAA only 

considers airports for Class E airspace 

establishment to support instrument 

flight rule operations at an airport. 

Incorporation by Reference 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order JO 7400.11, Airspace 

Designations and Reporting Points, 

which is incorporated by reference in 14 

CFR 71.1 on an annual basis. This 

document amends the current version of 

that order, FAA Order JO 7400.11H, 

dated August 11, 2023 and effective 

September 15, 2023. FAA Order JO 

7400.11H is publicly available as listed 

in the ADDRESSES section of this 

document. These amendments will be 

published in the next update to FAA 

Order JO 7400.11. 

FAA Order JO 7400.11H lists Class A, 

B, C, D, and E airspace areas, air traffic 

service routes, and reporting points. 


ddrumheller on DSK120RN23PROD with RULES1
74132 Federal Register / Vol. 89, No. 177 / Thursday, September 12, 2024 / Rules and Regulations 

The Rule 

This action amends 14 CFR part 71 by 

establishing Class E airspace upward 

from 700 feet above the surface within 

a 7.3-mile radius of 4M Ranch Airfield, 

Langtry, TX. 

This action supports new instrument 

procedures. 

Regulatory Notices and Analyses 

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 only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

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 E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 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 FAA Order JO 7400.11H, 

Airspace Designations and Reporting 

Points, dated August 11, 2023, and 

effective September 15, 2023, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASW TX E5 Langtry, TX [Establish] 

4M Ranch Airfield, TX 

(Lat 30°01′16′′ N, long 101°34′23′′ W) 

That airspace extending upward from 700 

feet above the surface within a 7.3-mile 

radius of the 4M Ranch Airfield. 

* * * * * 

Issued in Fort Worth, Texas, on September 

4, 2024. 

Steven Phillips, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2024–20319 Filed 9–11–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2024–0756] 

Safety Zones; Fireworks Displays in 

the Fifth Coast Guard District— 

Philadelphia, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone for the Mexican 

Independence Day fireworks display on 

the Delaware River on September 15, 

2024, to provide for the safety of life on 

navigable waterways during this event. 

Our regulation for marine events within 

the Fifth Coast Guard District identifies 

the regulated area for this event in 

Philadelphia, PA. During the 

enforcement periods, the operator of any 

vessel in the regulated area must 

comply with directions from the Patrol 

Commander or any Official Patrol 

displaying a Coast Guard ensign. 

DATES: The regulation at 33 CFR 

165.506, for Philadelphia, PA, will be 

enforced for the location identified in 

entry 10 of table 1 to paragraph (h)(1) 

from 7:45 p.m. through 8:30 p.m. on 

September 15, 2024. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, you may call or email 

Petty Officer Jonathan Lougheed, U.S. 

Coast Guard, Sector Delaware Bay, 

Waterways Management Division, 

telephone: 215–271–4814, email: 

SecDelBayWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a safety zone in 33 

CFR 165.506 Entry No. 10 for the 

Delaware River adjacent to Penn’s 

Landing regulated area from 7:45 p.m. to 

8:30 p.m. on September 15, 2024. This 

action is necessary to ensure safety of 

life on the navigable waters of the 

United States immediately prior to, 

during, and immediately after fireworks 

displays. Our regulation for safety zones 

of fireworks displays within the Fifth 

Coast Guard District, table 1 to 

paragraph (h)(1) to 33 CFR 165.506, 

entry 10 specifies the location of the 

regulated area as all waters of the 

Delaware River adjacent to Penn’s 

Landing, Philadelphia, PA, within a 

300-yard radius of the fireworks barge 

position. On September 15, 2024 the 

approximate position will be 

39°56′53.8′′ N, 75°08′17.4′′ W. During 

the enforcement period, as reflected in 

§ 165.506(d), vessels may not enter, 

remain in, or transit through the safety 

zone unless authorized by the Captain 

of the Port or designated Coast Guard 

patrol personnel on-scene. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners, marine 

information broadcasts, and Broadcast 

Notice to Mariners. 

Dated: September 3, 2024. 

Kate F. Higgins-Bloom, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Delaware Bay. 

[FR Doc. 2024–20630 Filed 9–11–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0824] 

RIN 1625–AA00 

Safety Zone; Kentucky River, 

Frankfort, KY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule and 

request for comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Kentucky 

River extending from mile marker (MM) 

65.5 to MM 66 near Frankfort, KY. This 

safety zone is needed to protect life, 

vessels, and the marine environment 


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