101464 Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 

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 that created the 

need for these SIAP and Takeoff 

Minimums and ODP amendments 

require making them effective in less 

than 30 days. 

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 these 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 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 December 6, 

2024. 

Thomas J. Nichols, 

Standards Section Manager, Flight 

Procedures and Airspace Group, Flight 

Technologies and Procedures Division, Office 

of Safety Standards, Flight Standards Service, 

Aviation Safety, Federal Aviation 

Administration. 

Adoption of the Amendment 

Accordingly, pursuant to the 

authority delegated to me, 14 CFR part 

97 is amended by amending Standard 

Instrument Approach Procedures and 

Takeoff Minimums and ODPs, effective 

at 0901 UTC on the dates specified, as 

follows: 

PART 97—STANDARD INSTRUMENT 

APPROACH PROCEDURES 

■ 1. The authority citation for part 97 

continues 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 to read as 

follows: 

By amending: § 97.23 VOR, VOR/ 

DME, VOR or TACAN, and VOR/DME 

or TACAN; § 97.25 LOC, LOC/DME, 

LDA, LDA/DME, SDF, SDF/DME; 

§ 97.27 NDB, NDB/DME; § 97.29 ILS, 

ILS/DME, MLS, MLS/DME, MLS/RNAV; 

§ 97.31 RADAR SIAPs; § 97.33 RNAV 

SIAPs; and § 97.35 COPTER SIAPs, 

Identified as follows: 

* * * Effective Upon Publication 

AIRAC date State City Airport FDC No. FDC date Procedure name 

23–Jan–25 ... MT White Sulphur Springs ........ White Sulphur Springs ........ 4/2442 11/12/2024 RNAV (GPS) RWY 1, Orig. 

[FR Doc. 2024–29518 Filed 12–13–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 31580; Amdt. No. 4143] 

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 December 

16, 2024. 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 December 

16, 2024. 

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 

Information Services, 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, visit 

www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@

nara.gov. 

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: 

Thomas J. Nichols, Standards Section 

Manager, Flight Procedures and 

Airspace Group, Flight Technologies 

and Procedures Division, Office of 

Safety Standards, Flight Standards 

Service, Aviation Safety, Federal 

Aviation Administration. Mailing 

Address: FAA Mike Monroney 

Aeronautical Center, Flight Procedures 

and Airspace Group, 6500 South 

MacArthur Blvd., STB Annex, Bldg 26, 

Room 217, Oklahoma City, OK 73099. 

Telephone (405) 954–1139. 

SUPPLEMENTARY INFORMATION: This rule 

amends 14 CFR part 97 by establishing, 

amending, suspending, or removes 

SIAPS, Takeoff Minimums and/or 

ODPS. The complete regulatory 


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Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 101465 

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 97.20. The applicable FAA Forms 

are 8260–3, 8260–4, 8260–5, 8260–15A, 

8260–15B, when required by an entry 

on 8260–15A, and 8260–15C. 

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, pilots 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 CFR sections 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 Air 

Missions (NOTAM) as an emergency 

action of immediate flights 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 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Lists of Subjects in 14 CFR Part 97 

Air Traffic Control, Airports, 

Incorporation by reference, Navigation 

(Air). 

Issued in Washington, DC, on December 6, 

2024. 

Thomas J. Nichols, 

Standards Section Manager, Flight 

Procedures and Airspace Group, Flight 

Technologies and Procedures Division, Office 

of Safety Standards, Flight Standards Service, 

Aviation Safety, Federal Aviation 

Administration. 

Adoption of the Amendment 

Accordingly, pursuant to the 

authority delegated to me, 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 

■ 1. The authority citation for part 97 

continues 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 to read as 

follows: 

Effective 20 February 2025 

Morrilton, AR, BDQ, RNAV (GPS) RWY 27, 

Amdt 1 

Santa Monica, CA, SMO, RNAV (GPS) Y 

RWY 3, Amdt 2 

Santa Monica, CA, SMO, RNAV (GPS) Z 

RWY 3, Amdt 2 

Rifle, CO, RIL, ILS RWY 26, Amdt 6 

La Belle, FL, X14, RNAV (GPS) RWY 32, 

Amdt 1 

Melbourne, FL, MLB, ILS OR LOC RWY 9R, 

Amdt 13 

Melbourne, FL, MLB, LOC BC RWY 27L, 

Amdt 11 

Melbourne, FL, MLB, RNAV (GPS) RWY 9L, 

Amdt 2 

Melbourne, FL, MLB, RNAV (GPS) RWY 9R, 

Amdt 2 

Melbourne, FL, MLB, RNAV (GPS) RWY 27L, 

Amdt 2 

Melbourne, FL, MLB, RNAV (GPS) RWY 27R, 

Amdt 2 

Elberton, GA, EBA, Takeoff Minimums and 

Obstacle DP, Amdt 1A 

Lafayette, GA, 9A5, RNAV (GPS) RWY 2, 

Amdt 4 

Lafayette, GA, 9A5, RNAV (GPS) RWY 20, 

Amdt 4 

Lafayette, GA, 9A5, Takeoff Minimums and 

Obstacle DP, Amdt 2 

Honolulu, HI, HNL/PHNL, LOC RWY 8L, 

Amdt 2A 

Kailua-Kona, HI, KOA/PHKO, ILS OR LOC 

RWY 17, Amdt 2D 

Burley, ID, BYI, RNAV (GPS) RWY 20, Amdt 

1 

Burley, ID, BYI, VOR–A, Amdt 6 

Ulysses, KS, ULS, Takeoff Minimums and 

Obstacle DP, Amdt 2C 

Frankfort, KY, FFT, Takeoff Minimums and 

Obstacle DP, Amdt 3A 

Frenchville, ME, FVE, RNAV (GPS) RWY 14, 

Amdt 1B 

Frenchville, ME, FVE, RNAV (GPS) RWY 32, 

Amdt 2A 

Houlton, ME, HUL, RNAV (GPS) RWY 23, 

Orig-A 

Machias, ME, MVM, RNAV (GPS) RWY 36, 

Amdt 1A 

Gideon, MO, M85, Takeoff Minimums and 

Obstacle DP, Orig-A 

Bozeman, MT, BZN, RNAV (RNP) Z RWY 12, 

Amdt 1A 

Missoula, MT, MSO, GRZLY FOUR, Graphic 

DP 

Hickory, NC, KHKY, HICKORY FOUR, 

Graphic DP, CANCELED 

Hickory, NC, KHKY, Takeoff Minimums and 

Obstacle DP, Amdt 5 

Casselton, ND, 5N8, Takeoff Minimums and 

Obstacle DP, Orig-A 

Wahpeton, ND, BWP, RNAV (GPS) RWY 15, 

Amdt 1 

Wahpeton, ND, BWP, RNAV (GPS) RWY 33, 

Amdt 2 

Gothenburg, NE, KGTE, Takeoff Minimums 

and Obstacle DP, Amdt 2 

Berlin, NH, BML, RNAV (GPS) RWY 18, 

Orig-D 

Ithaca, NY, ITH, ILS OR LOC RWY 32, Amdt 

8A 

Ithaca, NY, ITH, RNAV (GPS) RWY 32, OrigD 


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101466 Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Rules and Regulations 

Clarion, PA, AXQ, Takeoff Minimums and 

Obstacle DP, Amdt 1 

Corry, PA, 8G2, Takeoff Minimums and 

Obstacle DP, Orig-B 

Georgetown, SC, GGE, Takeoff Minimums 

and Obstacle DP, Amdt 1A 

Coleman, TX, COM, Takeoff Minimums and 

Obstacle DP, Orig-A 

Dallas, TX, ADS, ILS OR LOC RWY 16, Amdt 

11D 

Dallas, TX, ADS, RNAV (GPS) RWY 16, 

Amdt 1D 

Dallas-Fort Worth, TX, DFW, Takeoff 

Minimums and Obstacle DP, Amdt 8 

Shelton, WA, SHN, RNAV (GPS) RWY 5, 

Orig-B 

[FR Doc. 2024–29522 Filed 12–13–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Minority Business Development 

Agency 

15 CFR Part 1400 

[Docket No. 241121–0298] 

RIN 0640–AA02 

Removal of Racial and Ethnic 

Presumptions in Response to Court 

Ruling 

AGENCY: Minority Business 

Development Agency, Department of 

Commerce. 

ACTION: Final rule. 

SUMMARY: The Minority Business 

Development Agency (MBDA) amends 

their regulations to remove the list of 

racial and ethnic presumptions in order 

to comply with the Court’s decision in 

Nuziard et al v. Minority Business 

Development Agency et al., which 

struck down those racial and ethnic 

presumptions. 

DATES: This rule is effective January 15, 

2025. 

FOR FURTHER INFORMATION CONTACT: 

Donald Smith, Chief Operating Officer, 

MBDA, dsmith5@mbda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of Commerce’s 

Minority Business Development Agency 

(MBDA) derives authority from the 

Minority Business Development Act of 

2021 (‘‘the Act’’), 15 U.S.C. 9501, et seq., 

to appoint an Under Secretary of 

Commerce for Minority Business 

Development to carry out the Act’s 

activities and initiatives. MBDA’s 

mission is to promote the growth and 

global competitiveness of minority 

business enterprises (MBEs) in order to 

unlock the country’s full economic 

potential. One of the ways MBDA 

accomplishes this mission is through 

the funding of a network of Business 

Centers, Specialty Centers, and other 

technical assistance programs to provide 

MBEs with business assistance services 

and resources. 

For a business to access MBDA 

technical assistance programs that serve 

MBEs, the individual seeking services 

must certify that their business is ‘‘a 

business enterprise (i) that is not less 

than 51 percent-owned by 1 or more 

socially or economically disadvantaged 

individuals; and (ii) the management 

and daily business operations of which 

are controlled by 1 or more socially or 

economically disadvantaged 

individuals.’’ 15 U.S.C. 9501(9). 

‘‘Socially or economically 

disadvantaged individual’’ is defined in 

the Act as ‘‘an individual who has been 

subjected to racial or ethnic prejudice or 

cultural bias (or the ability of whom to 

compete in the free enterprise system 

has been impaired due to diminished 

capital and credit opportunities, as 

compared to others in the same line of 

business and competitive market area) 

because of the identity of the individual 

as a member of a group, without regard 

to any individual quality of the 

individual that is unrelated to that 

identity.’’ 15 U.S.C. 9501(15)(A). 

Additionally, the Act contains a 

presumption in which ‘‘the Under 

Secretary shall presume that the term 

‘‘socially or economically disadvantaged 

individual’’ includes any individual 

who is— (i) Black or African American; 

(ii) Hispanic or Latino; (iii) American 

Indian or Alaska Native; (iv) Asian; (v) 

Native Hawaiian or other Pacific 

Islander; or (vi) a member of a group 

that the Agency determines under part 

1400 of title 15, Code of Federal 

Regulations, as in effect on November 

23, 1984, is a socially disadvantaged 

group eligible to receive assistance.’’ 15 

U.S.C. 9501(15)(B). This presumption 

was also found in MBDA’s regulations 

at 15 CFR 1400.1(b) and (c), and 

members of these racial groups are 

presumed to be eligible for MBDA 

assistance. 

Court Decision in Nuziard 

The racial presumptions found in the 

Minority Business Development Act of 

2021 and 15 CFR part 1400 were 

challenged in Nuziard, et. al. v. Minority 

Business Development Agency, et. al., in 

which the Court found any ‘‘provision 

of the MBDA Statute that is contingent 

on the presumption in 15 U.S.C. 

9501(15)(B)’’ unconstitutional and 

prohibited MBDA from ‘‘imposing the 

racial and ethnic classifications defined 

in 15 U.S.C. 9501 and implemented in 

15 U.S.C. 9511, 9512, 9522, 9523, 9524, 

and 15 CFR 1400.1 .–.–. ’’ No. 4:23–cv– 

00278–P (N.D. Tex. March 5, 2024). The 

court’s injunction applies to the sections 

of the Minority Business Development 

Act and related regulations that require 

the Under Secretary of Commerce for 

Minority Business Development to 

presume that a ‘‘socially or 

economically disadvantaged 

individual’’ ‘‘includes any individual 

who is—(i) Black or African American; 

(ii) Hispanic or Latino; (iii) American 

Indian or Alaska Native; (iv) Asian; (v) 

Native Hawaiian or other Pacific 

Islander.’’ 15 U.S.C. 9501(15)(B). 

Similarly, the Court enjoined the 

application of 15 CFR 1400.1(b) to the 

extent that it imposes racial and ethnic 

classifications, and designates ‘‘Blacks, 

Puerto-Ricans, Spanish-speaking 

Americans, American Indians, Eskimos, 

and Aleuts’’ as individuals who are 

socially or economically disadvantaged. 

Finally, the Court also enjoined 15 CFR 

1400.1(c), which designates ‘‘Hasidic 

Jews, Asian-Pacific Americans, and 

Asian Indians’’ as socially or 

economically disadvantaged. 

Updating Regulations 

As a result of the Court’s decision, 

MBDA is updating their regulations at 

15 CFR 1400.1(b) and (c) to remove the 

sections that contain the racial 

presumptions described in the decision 

above. MBDA also proposes to make a 

correction to 15 CFR 1400.2(a) 

pertaining to the definition of minority 

business enterprise and where it is 

defined in the Act. The last change 

pertains to striking out outdated 

language referring to Executive Order 

11625 in 15 CFR 1400.3 because MBDA 

draws statutory authority directly from 

the Act and not from the Executive 

Order. See 15 U.S.C. 9597. These 

changes will clarify the eligibility 

requirements to qualify for MBDA 

technical assistance programs that serve 

MBEs. 

Classification 

Pursuant to 5 U.S.C. 553(a)(2), the 

provisions of the Administrative 

Procedure Act requiring notice of 

proposed rulemaking and the 

opportunity for public participation are 

inapplicable to this final rule because 

this rule relates to ‘‘public property, 

loans, grants, benefits, or contracts.’’ In 

addition, 5 U.S.C. 553(b)(B) exempts 

rulemakings from prior notice and 

public comment procedures when an 

agency finds for good cause that such 

procedures ‘‘are impractical, 

unnecessary, or contrary to the public 

interest.’’ Here, MBDA has determined 

that there is good cause and that 

providing prior notice and opportunity 


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