Revocation of Class D and Amendment of Class E Airspace; Gillette, WY

Citation86 FR 6848
Record Number2021-01306
Published date25 January 2021
SectionRules and Regulations
CourtFederal Aviation Administration
6848
Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Rules and Regulations
reviewed and approved this document,
has delegated the authority to
electronically sign this document to
Sharmistha Das, who is the Deputy
General Counsel for DHS, for purposes
of publication in the Federal Register.
Sharmistha Das,
Deputy General Counsel, U.S. Department of
Homeland Security.
Monty Wilkinson,
Acting Attorney General, Department of
Justice.
[FR Doc. 2021–01683 Filed 1–21–21; 4:15 pm]
BILLING CODE 4410–30–P 9111–97–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2020–0800; Airspace
Docket No. 20–ANM–43]
RIN 2120–AA66
Revocation of Class D and Amendment
of Class E Airspace; Gillette, WY
AGENCY
: Federal Aviation
Administration (FAA), DOT.
ACTION
: Final rule.
SUMMARY
: This action removes the Class
D airspace, establishes a Class E surface
area, modifies the Class E airspace as an
extension to the surface area and
modifies the Class E airspace extending
upward from 700 feet AGL at Northeast
Wyoming Regional Airport, Gillette,
WY. In addition, this action removes the
VOR/DME from the legal description
and replaces the outdated term Airport
Facility/Directory with the term Chart
Supplement. It also makes two minor
administrative corrections noted in the
Notice of Proposed Rulemaking
(NPRM); the airport name is updated
and the Class E surface area is identified
as new airspace rather than amended
airspace.
After being informed that the Airport
Traffic Control Tower at Northeast
Wyoming Regional Airport is closed
permanently, the FAA found it
necessary to create new airspace and
amend the existing airspace for the
safety and management of Instrument
Flight Rule (IFR) operations at this
airport.
DATES
: Effective 0901 UTC, April 22,
2021. 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
7400.11 and publication of conforming
amendments.
ADDRESSES
: FAA Order 7400.11E,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at https://
www.faa.gov/air_traffic/publications/.
For further information, you can contact
the Airspace Policy Group, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
The Order is also available for
inspection at the National Archives and
Records Administration (NARA).
For information on the availability of
FAA Order 7400.11E at NARA, email
fedreg.legal@nara.gov or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FOR FURTHER INFORMATION CONTACT
:
Richard Roberts, Federal Aviation
Administration, Western Service Center,
Operations Support Group, 2200 S.
216th Street, Des Moines, WA 98198;
telephone (206) 231–2245.
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
(U.S.C.). 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 removes the
Class D, establishes a Class E surface
area, modifies the Class E airspace as an
extension to the surface area and
modifies the Class E airspace extending
upward from 700 feet AGL at Northeast
Wyoming Regional Airport, Gillette, WY
to support IFR operations.
History
The FAA published a notice of
proposed rulemaking in the Federal
Register (85 FR 57806; September 16,
2020) for Docket No. FAA–2020–0800 to
remove the Class D airspace and modify
the following: Class E surface area, the
Class E airspace as an extension to the
surface area and the Class E airspace
extending upward from 700 feet AGL at
Gillette-County Airport, Gillette, WY, in
support of IFR operations. Interested
parties were invited to participate in
this rulemaking effort by submitting
written comments on the proposal to the
FAA. One comment was received with
multiple concerns. The commenter was
troubled by the language used in the
NPRM and concerned it would create
difficulty in converting the airspace
from Class D to Class E for the airport
management team. This included
logistical and technical steps in
changing the airport structure,
definitions of Class D and Class E
airspace, equipment and techniques
used for changing the airspace, who will
monitor the change process, the airport
management team’s role and
responsibilities in completing the
change, and an expected timeline.
While additional information needed by
the airport management team is
available and a point of contact
provided, no one got in touch with this
office or the facility with jurisdiction for
the overlying airspace to enquire about
information contained in the NPRM.
The request for comment was based on
the belief that the commenter has a
basic knowledge of and understanding
about airspace and the equipment and
operating rules for each class of
airspace. Controlled airspace is airspace
of defined dimensions within which
ATC service is provided to IFR and VFR
flights in accordance with the airspace
classification. Within controlled
airspace, all aircraft operators are
subject to certain qualification,
operating, and aircraft equipage
requirements (see Title 14 CFR part 91).
Controlled airspace in the United States
is designated in 14 CFR part 71.
Changing the airspace designation is an
administrative task. It involves no
actions to the physical environment of
the airport or its structures. The
‘‘timeline’’, also known as the effective
date, of the change in the airspace
designation has been determined by
FAA orders to ensure safety in
execution of that change.
The commenter was also concerned
that issues related to possible effects on
the entire airport, including civil
aviation and the airport’s overall safety,
were not considered in the proposed
rule. In addition, the commenter had
questions regarding what standards and
criteria were to be used in considering
the effectiveness of the changes. The
airspace design specialist establishes,
modifies or revokes airspace based on
criteria documented in FAA Orders by
their Flight Standards Division and
Airspace Policy Regulations Group. The
specialist takes into account, as a prime
consideration, the safety and efficiency
of air traffic operations in consultation
with local Air Traffic Control. In
addition, the facility with jurisdiction
over the airspace conducts and
documents a safety risk analysis to
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Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Rules and Regulations
consider potential safety issues with the
new airspace before implementation.
Post implementation, the Air Traffic
Control facility managing air traffic in
the area takes appropriate action to
resolve observed or reported issues.
Additional concerns by the
commenter included the lack of details
on precautions for airspace changes
amid a public health crisis. There is no
face-to-face interaction required
between FAA personnel and the airport
management team so there is no
increased risk due to the public health
crisis.
Finally, the commenter identified the
importance of considering both long-
term and short-term environmental
costs during the proposed rule to
provide a comprehensive expectation of
the costs for the public before the
application phase of the rule. The
proposal is reviewed for environmental
impacts and extraordinary
circumstances that might arise from the
proposal. The FAA completed an
environmental review and there are no
significant environmental costs
anticipated with the rule. It should be
noted that the airspace does not define
where aircraft can fly or do fly, it only
defines specific equipment
requirements and pilot responsibilities
for each class of airspace.
Class D and E airspace designations
are published in paragraph 5000, 6002,
6004 and 6005 of FAA Order 7400.11E,
dated July 21, 2020 and effective
September 15, 2020, which is
incorporated by reference in 14 CFR
71.1. The Class D and Class E airspace
designations listed in this document
will be published subsequently in the
Order.
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020,
and effective September 15, 2020. FAA
Order 7400.11E is publicly available as
listed in the
ADDRESSES
section of this
document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
The Rule
The FAA is amending 14 CFR part 71
by removing the Class D airspace and
establishing a Class E surface area. The
FAA is also modifying the Class E
airspace as an extension to the Class E
surface area and the Class E airspace
extending upward from 700 feet AGL at
Northeast Wyoming Regional Airport,
Gillette, WY.
The FAA was informed that the
Airport Traffic Control Tower at
Northeast Wyoming Regional Airport is
closed, which is a basic qualification for
the establishment of Class D airspace.
As a result, the FAA is removing the
Class D airspace and establishing a Class
E surface area at the airport. The Class
E surface airspace is established at 5
miles to ensure departures are contained
in the surface area until reaching 700
feet AGL.
The Class E airspace extending
upward from the surface as an extension
to the Class E surface area is expanded
to 3.4 miles each side of the 170°
bearing from 3 miles to 12 miles
(formerly 12.2 miles) south of the
airport. This adjustment will protect
aircraft as they descend through 1,000
feet AGL, while using the RNAV and
ILS approaches to runway 34.
The Class E airspace extending
upward from 700 feet is modified to
within 4 miles each side of the 170° and
350° bearings (reduced from 6.1 miles
east and 8.3 miles west) and extends 14
miles south (reduced from 15.3 miles)
and 11 miles north (reduced from
16.1miles). The additional airspace is no
longer needed to protect departing
aircraft to 1,200 feet and arrivals as they
descend through 1,500 feet AGL. This
action removes the Class E airspace
extending upward from 1,200 feet as it
is redundant with the Denver E6
airspace and no longer needed.
In addition, the use of the term
Airport Facility/Directory is replaced
with Chart Supplement and the legal
descriptions for the Class E airspace
extending upward from the surface as
an extension to the Class E surface area
and the Class E airspace extending
upward from 700 feet is rewritten to
eliminate the use of the VOR/DME as a
reference point. The VOR/DME is no
longer needed to adequately describe
the airspace.
Following publication of the NPRM in
the Federal Register the name of the
airport was changed to Northeast
Wyoming Regional Airport this action
updates the name and the geographical
coordinates to match the FAA database.
Also, the Class E surface area was
identified in the NPRM as being
amended. This was in error. This
airspace was new airspace established
to replace the Class D airspace. This
action correctly defines the Class E
surface area as new airspace.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
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, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order (E.O.) 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, will 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 5–6.5a. 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).
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 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(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 7400.11E,
Airspace Designations and Reporting
Points, dated July, 21, 2020 and
effective September 15, 2020, is
amended as follows:
Paragraph 5000 Class D Airspace.
* * * * *
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6850
Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Rules and Regulations
1
See generally Margin Requirements for
Uncleared Swaps for Swap Dealers and Major Swap
Participants, 81 FR 636 (Jan. 6, 2016). The CFTC
Margin Rule, which became effective April 1, 2016,
is codified in part 23 of the Commission’s
regulations. 17 CFR 23.150—23.159, 23.161. In May
2016, the Commission amended the CFTC Margin
Rule to add Regulation 23.160, 17 CFR 23.160,
providing rules on its cross-border application. See
generally Margin Requirements for Uncleared
Swaps for Swap Dealers and Major Swap
Participants—Cross-Border Application of the
Margin Requirements, 81 FR 34818 (May 31, 2016).
Commission regulations are found at 17 CFR part
1 et seq. (2017), and may be accessed through the
Commission’s website, https://www.cftc.gov.
2
7 U.S.C. 6s(e) (capital and margin requirements).
3
CEA section 1a(39), 7 U.S.C. 1a(39) (defining the
term ‘‘prudential regulator’’ to include the Board of
Governors of the Federal Reserve System; the Office
of the Comptroller of the Currency; the Federal
Deposit Insurance Corporation; the Farm Credit
Administration; and the Federal Housing Finance
Agency). The definition of prudential regulator
specifies the entities for which these agencies act
as prudential regulators.
4
VM (or variation margin), as defined in
Regulation 23.151, is the collateral provided by a
party to its counterparty to meet the performance
of its obligation under one or more uncleared swaps
between the parties as a result of a change in the
value of such obligations since the trade was
executed or the last time such collateral was
provided. 17 CFR 23.151.
5
See definition of ‘‘financial end user’’ in
Regulation 23.151. In general, the definition covers
entities involved in regulated financial activity,
including banks, brokers, intermediaries, advisers,
asset managers, collective investment vehicles, and
insurers. 17 CFR 23.151.
6
IM (or initial margin) is the collateral (calculated
as provided by §23.154 of the Commission’s
regulations) that is collected or posted in
connection with one or more uncleared swaps
pursuant to §23.152. IM is intended to secure
potential future exposure following default of a
counterparty (i.e., adverse changes in the value of
an uncleared swap that may arise during the period
of time when it is being closed out). See CFTC
Margin Rule, 81 FR at 683.
7
17 CFR 23.152; 17 CFR 23.153.
8
See 17 CFR 23.157(a).
9
Regulation 23.157 does not require VM to be
maintained in a custodial account. 17 CFR 23.157.
10
17 CFR 23.152(b)(3); 17 CFR 23.153(c); 81 FR
at 653.
11
17 CFR 23.151 (defining the term ‘‘minimum
transfer amount’’).
ANM WY D Gillette, WY [Remove]
Gillette-Campbell County Airport, WY
(Lat. 44°2056N, long. 105°3222W)
Paragraph 6002 Class E Airspace
Designated as Surface Areas.
* * * * *
ANM WY E2 Gillette, WY [New]
Northeast Wyoming Regional Airport, WY
(Lat. 44°2056N, long. 105°3222W)
That airspace extending upward from the
surface to and including 6,900 feet MSL
within a 5-mile radius of the Northeast
Wyoming Regional Airport. This Class E
airspace is effective during the specific dates
and times established in advance by a Notice
to Airmen. The effective date and time will
thereafter be continuously published in the
Chart Supplement.
Paragraph 6004 Class E Airspace Areas
Designated as an Extension to a Class D or
Class E Surface Area.
* * * * *
ANM WY E4 Gillette, WY [Amended]
Northeast Wyoming Regional Airport, WY
(Lat. 44°2056N, long. 105°3222W)
That airspace extending upward from the
surface within 3.4 miles each side of the
Northeast Wyoming Regional Airport 170°
bearing extending from the 5-mile radius to
12 miles south of the airport.
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
* * * * *
ANM WY E5 Gillette, WY [Amended]
Northeast Wyoming Regional Airport, WY
(Lat. 44°2056N, long. 105°3222W)
That airspace extending upward from 700
feet above the surface of the earth within 4
miles each side of the Northeast Wyoming
Regional Airport 170° bearing extending from
the 5-mile radius to 14 miles south of the
airport, and that airspace 4 miles each side
of the 350° bearing extending from the 5-mile
radius to 11 miles north of the airport.
Issued in Seattle, Washington, on January
14, 2021.
Byron Chew,
Acting Group Manager, Operations Support
Group, Western Service Center.
[FR Doc. 2021–01306 Filed 1–22–21; 8:45 am]
BILLING CODE 4910–13–P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Part 23
RIN 3038–AF06
Margin Requirements for Uncleared
Swaps for Swap Dealers and Major
Swap Participants
AGENCY
: Commodity Futures Trading
Commission.
ACTION
: Final rule.
SUMMARY
: The Commodity Futures
Trading Commission (‘‘Commission’’ or
‘‘CFTC’’) is amending the margin
requirements for uncleared swaps
(‘‘Final Rule’’) for swap dealers (‘‘SD’’)
and major swap participants (‘‘MSP’’)
for which there is not a prudential
regulator (‘‘CFTC Margin Rule’’). The
Final Rule amends the CFTC Margin
Rule to permit the application of a
minimum transfer amount (‘‘MTA’’) of
up to $50,000 for each separately
managed account (‘‘SMA’’) of a legal
entity that is a counterparty to an SD or
MSP in an uncleared swap transaction
and to permit the application of separate
MTAs for initial margin (‘‘IM’’) and
variation margin (‘‘VM’’).
DATES
: This Final Rule is effective
February 24, 2021.
FOR FURTHER INFORMATION CONTACT
:
Joshua B. Sterling, Director, 202–418–
6056, jsterling@cftc.gov; Thomas J.
Smith, Deputy Director, 202–418–5495,
tsmith@cftc.gov; Warren Gorlick,
Associate Director, 202–418–5195,
wgorlick@cftc.gov; Liliya Bozhanova,
Special Counsel, 202–418–6232,
lbozhanova@cftc.gov; or Carmen
Moncada-Terry, Special Counsel, 202–
418–5795, cmoncada-terry@cftc.gov,
Market Participants Division,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC
20581.
SUPPLEMENTARY INFORMATION
:
I. Background
A. Statutory and Regulatory Background
In January 2016, the Commission
adopted Regulations 23.150 through
23.161, namely the CFTC Margin Rule,
1
to implement section 4s(e) of the
Commodity Exchange Act (‘‘CEA’’),
2
which requires SDs and MSPs for which
there is not a prudential regulator
3
(‘‘covered swap entity’’ or ‘‘CSE’’) to
meet minimum IM and VM
requirements adopted by the
Commission by rule or regulation.
Regulations 23.152 and 23.153 require
CSEs to collect or post, each business
day, VM
4
for uncleared swap
transactions with each counterparty that
is an SD, MSP, or financial end user,
5
and IM
6
for uncleared swap
transactions for each counterparty that
is an SD, MSP, or a financial end user
that has material swaps exposure.
7
IM
posted or collected by a CSE must be
held by one or more custodians that are
not affiliated with the CSE or the
counterparty.
8
VM posted or collected
by a CSE is not required to be
maintained with a custodian.
9
To alleviate the operational burdens
associated with making de minimis
margin transfers without resulting in an
unacceptable level of uncollateralized
credit risk, Regulations 23.152(b)(3) and
23.153(c) provide that a CSE is not
required to collect or post IM or VM
with a counterparty until the combined
amount of such IM and VM, as
computed under Regulations 23.154 and
23.155 respectively, exceeds an MTA of
$500,000.
10
The term MTA (or
minimum transfer amount) is further
defined in Regulation 23.151 as a
combined amount of IM and VM, not
exceeding $500,000, under which no
exchange of IM or VM is required.
11
Once the MTA is exceeded, the SD or
MSP must collect or post the full
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