81096 Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2020–0835; Airspace 

Docket No. 20–AEA–16] 

RIN 2120–AA66 

Establishment of Class E Airspace; 

Toughkenamon, PA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace extending upward from 700 

feet above the surface for New Garden 

Airport, Toughkenamon, PA, to 

accommodate new instrument 

procedures designed for the airport. 

Controlled airspace is necessary for the 

safety and management of instrument 

flight rules (IFR) operations in the area. 

DATES: Effective 0901 UTC, February 25, 

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 http://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: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, 1701 Columbia Ave, 

College Park, GA 30337; Telephone 

(404) 305–6364. 

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 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 at New Garden Airport, 

Toughkenamon, PA, to support IFR 

operations in the area. 

History 

The FAA published a notice of prosed 

rulemaking in the Federal Register (85 

FR 60107, September 24, 2020) for 

Docket No. FAA–2020–0835 to establish 

Class E airspace extending upward from 

700 feet above the surface at New 

Garden Airport, Toughkenamon, PA. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. One comment 

supporting the proposal was received. 

Class E airspace designations are 

published in Paragraph 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 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 7400.11D lists 

Class A, B, C, D, and E airspace areas, 

air traffic routes, and reporting points. 

The Rule 

This amendment to Title 14 Code of 

Federal Regulations (14 CFR) part 71 

establishes Class E airspace extending 

upward from 700 feet above the surface 

as new instrument approach procedures 

have been designed for New Garden 

Airport, Toughkenamon, PA . These 

changes are necessary for continued 

safety and management of IFR 

operations in the area. 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. 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 as the 

anticipated impact is so minimal. Since 

this is a routine matter that only affects 

air traffic procedures an 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 5–6.5a. 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 20, 2020, effective 

September 15, 2020, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward from 700 feet or More 

Above the Surface of the Earth. 

* * * * * 

AEA PA E5 Toughkenamon, PA [New] 

New Garden Airport, PA 

(Lat. 39°49′50′′ N, long. 75°46′11′′ W) 

That airspace extending upward from 700 

feet above the surface within a 7-mile radius 

of New Garden Airport. 

Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Rules and Regulations 81097 

1 84 FR 5969 (Feb. 25, 2019). 

2 85 FR 42782 (July 15, 2020) 

Issued in College Park, Georgia, on 

December 8, 2020. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team 

South,Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2020–27442 Filed 12–14–20; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 54 

[TD 9928] 

RIN 1545–BP67 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

29 CFR Part 2590 

RIN 1210–AB89 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 147 

[CMS–9923–F] 

RIN 0938–AT49 

Grandfathered Group Health Plans and 

Grandfathered Group Health Insurance 

Coverage 

AGENCY: Internal Revenue Service, 

Department of the Treasury; Employee 

Benefits Security Administration, 

Department of Labor; Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services. 

ACTION: Final rules. 

SUMMARY: This document includes final 

rules regarding grandfathered group 

health plans and grandfathered group 

health insurance coverage that amend 

current rules to provide greater 

flexibility for certain grandfathered 

health plans to make changes to certain 

types of fixed- amount cost-sharing 

requirements without causing a loss of 

grandfather status under the Patient 

Protection and Affordable Care Act. 

DATES: 

Effective Date: These regulations are 

effective January 14, 2021. 

Applicability Date: These regulations 

are applicable June 15, 2021. 

FOR FURTHER INFORMATION CONTACT: 

William Fischer, Internal Revenue 

Service, Department of the Treasury, 

(202) 317–5500. 

Matthew Litton and Chelsea Cerio, 

Employee Benefits Security 

Administration, Department of Labor, 

(202) 693–8335. 

Cam Clemmons, Centers for Medicare 

& Medicaid Services, Department of 

Health and Human Services, (301) 492– 

4400. 

Customer Service Information: 

Individuals interested in obtaining 

information from the Department of 

Labor (DOL) concerning employmentbased health coverage laws may call the 

Employee Benefits Security 

Administration (EBSA) Toll-Free 

Hotline at 1–866–444–EBSA (3272) or 

visit the DOL’s website (www.dol.gov/ 

ebsa). In addition, information from the 

Department of Health and Human 

Services (HHS) regarding private health 

insurance coverage and non-federal 

governmental group health plans can be 

found on the Centers for Medicare & 

Medicaid Services (CMS) website 

(www.cms.gov/cciio), and information 

on healthcare reform can be found at 

www.HealthCare.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Purpose 

On January 20, 2017, the President 

issued Executive Order 13765, 

‘‘Minimizing the Economic Burden of 

the Patient Protection and Affordable 

Care Act Pending Repeal’’ (82 FR 8351) 

‘‘to minimize the unwarranted 

economic and regulatory burdens of the 

[Patient Protection and Affordable Care 

Act (Pub. L. 111–148) and the Health 

Care and Education Reconciliation Act 

of 2010 (Pub. L. 111–152) (collectively, 

PPACA), as amended].’’ To meet these 

objectives, the President directed that 

the executive departments and agencies 

with authorities and responsibilities 

under PPACA, ‘‘to the maximum extent 

permitted by law . . . shall exercise all 

authority and discretion available to 

them to waive, defer, grant exemptions 

from, or delay the implementation of 

any provision or requirement of 

[PPACA] that would impose a fiscal 

burden on any state or a cost, fee, tax, 

penalty, or regulatory burden on 

individuals, families, healthcare 

providers, health insurers, patients, 

recipients of healthcare services, 

purchasers of health insurance, or 

makers of medical devices, products, or 

medications.’’ 

HHS, DOL, and the Department of the 

Treasury (collectively, the Departments) 

share interpretive jurisdiction over 

section 1251 of PPACA, which generally 

provides that certain group health plans 

and health insurance coverage existing 

as of March 23, 2010, the date of 

enactment of PPACA (referred to 

collectively in the statute as 

grandfathered health plans), are subject 

to only certain provisions of PPACA. 

Consistent with the objectives of 

Executive Order 13765, on February 25, 

2019, the Departments issued a request 

for information regarding grandfathered 

group health plans and grandfathered 

group health insurance coverage (2019 

RFI).1 The purpose of the 2019 RFI was 

to gather input from the public in order 

to better understand the challenges that 

group health plans and group health 

insurance issuers face in avoiding a loss 

of grandfather status, and to determine 

whether there are opportunities for the 

Departments to assist such plans and 

issuers, consistent with the law, in 

preserving the grandfather status of 

group health plans and group health 

insurance coverage in ways that would 

benefit plan participants and 

beneficiaries, employers, employee 

organizations, and other stakeholders. 

Based on feedback received from 

stakeholders who submitted comments 

in response to the 2019 RFI, the 

Departments issued a notice of proposed 

rulemaking on July 15, 2020 (referred to 

as the 2020 proposed rules), that would, 

if finalized, amend current rules to 

provide greater flexibility for certain 

grandfathered health plans to make 

changes to certain types of cost-sharing 

requirements without causing a loss of 

grandfather status.2 After careful 

consideration of the comments received, 

the Departments are issuing final rules 

that adopt the proposed amendments 

without substantive change. In the 

Departments’ view, these amendments 

are appropriate because they will enable 

these plans to continue offering 

affordable coverage while also 

enhancing their ability to respond to 

rising healthcare costs. In some cases, 

the amendments would also ensure that 

the plans are able to comply with 

minimum cost-sharing requirements for 

high deductible health plans (HDHPs) 

so enrolled individuals are eligible to 

contribute to health savings accounts 

(HSAs). 

The final rules only address the 

requirements for grandfathered group 

health plans and grandfathered group 

health insurance coverage and do not 

apply to or otherwise change the current 

requirements applicable to 

grandfathered individual health 

insurance coverage. With respect to 

individual health insurance coverage, it 

is the Departments’ understanding that 

the number of individuals with 

grandfathered individual health