85510 Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Rules and Regulations 

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: 

Rebecca Shelby, Federal Aviation 

Administration, Operations Support 

Group, Central Service Center, 10101 

Hillwood Parkway, Fort Worth, TX 

76177; telephone (817) 222–5857. 

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 amends the 

Class E airspace extending upward from 

700 feet above the surface at Trenton 

Municipal Airport, Trenton, MO, to 

support instrument flight rule 

operations at this airport. 

History 

The FAA published a notice of 

proposed rulemaking in the Federal 

Register (85 FR 53310; August 28, 2020) 

for Docket No. FAA–2020–0750 to 

amend the Class E airspace extending 

upward from 700 feet above the surface 

at Trenton Municipal Airport, Trenton, 

MO. 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 7400.11E, 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 7400.11E lists 

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

air traffic service routes, and reporting 

points. 

The Rule 

This amendment to Title 14 Code of 

Federal Regulations (14 CFR) part 71 

amends the Class E airspace extending 

upward 700 feet above the surface to 

within a 6.4-mile radius of Trenton 

Municipal Airport, Trenton, MO, and 

removes the Trenton NDB and 

associated extensions from the airspace 

legal description; and updates the 

geographic coordinates of the airport to 

coincide with the FAA’s aeronautical 

database. 

This action is due to an airspace 

review caused by the decommissioning 

of the Trenton NDB, which provided 

navigation information for the 

instrument procedures at this airport. 

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 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). 

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 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ACE MO E5 Trenton, MO [Amended] 

Trenton Municipal Airport, MO 

(Lat. 40°05′07′′ N, long. 93°35′26′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of Trenton Municipal Airport. 

Issued in Fort Worth, Texas, on December 

22, 2020. 

Steven T. Phillips, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2020–28846 Filed 12–28–20; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2020–0766; Airspace 

Docket No. 20–AWP–38] 

RIN 2120–AA66 

Modification of Class D and 

Establishment of Class E Airspace; 

Hayward, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies the Class 

D airspace, establishes Class E airspace 

extending upward from the surface and 

establishes Class E airspace as an 


KHAMMOND on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Rules and Regulations 85511 

extension to the Class D and Class E 

surface areas at Hayward Executive 

Airport, Hayward, CA. After a biennial 

review of the airspace, the FAA found 

it necessary to amend the existing 

airspace for the safety and management 

of Instrument Flight Rules (IFR) 

operations at this airport. This action 

updates the airport name, amends the 

geographical coordinates for Hayward 

Executive Airport and Metropolitan 

Oakland International Airport to match 

the FAA’s database and makes a minor 

editorial change replacing the outdated 

term Airport/Facility Directory with the 

term Chart Supplement. 

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 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 modifies the 

Class D airspace, establishes Class E 

airspace to support IFR operations at 

Hayward Executive Airport under 

standard instrument approach and 

departure procedures at the airport, for 

the safety and management of aircraft 

within the National Airspace System. 

Additionally, an editorial change is 

being made to the legal description 

replacing ‘‘Airport/Facility Directory’’ 

with the term ‘‘Chart Supplement’’ and 

updating the name of the airport to 

match the FAA aeronautical database. 

History 

The FAA published a notice of 

proposed rulemaking in the Federal 

Register (85 FR 57170; September 15, 

2020) for Docket No. FAA–2020–0766 to 

amend the Class D surface airspace, 

establish a Class E surface area and 

establish a Class E extension to the Class 

D and Class E surface areas 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 substantive comment was received 

from an anonymous contributor. The 

commenter was concerned with the 

impact an expansion of .5 miles to the 

Class D would have on controller 

workload and traffic navigating on the 

flyway to the west of the Hayward class 

D. The FAA agrees. The expansion to 

the Class D was proposed to 

accommodate expanded circling criteria 

and update the airspace to the higher 

standard. However, because the 

procedures at Hayward have not yet 

been upgraded the FAA will review the 

procedures and see if a more acceptable 

approach can be identified when the 

circling is updated to include expanded 

circling. Therefore, the Class D and 

Class E airspace extending upward from 

the surface is established within 3.5 

miles of Hayward Executive Airport 

excluding the portion in the 

Metropolitan Oakland Airspace. In 

addition, the portion 1.8 miles each side 

of the 119° bearing is eliminated, as it 

is no longer needed. 

Class D and Class E airspace 

designations are published in paragraph 

5000, 6002 and 6004 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 extension 1.8 

miles each side of the 119° bearing to 

the southeast, as it is no longer needed 

for operations. 

Class E airspace extending upward 

from the surface is established within 

3.5 miles of Hayward Executive Airport 

excluding the portion that extends into 

Metropolitan Oakland International 

Airport Airspace. These lateral 

dimensions match the Class D lateral 

boundary. This provides improved 

safety for operations within this area 

when the Airport Traffic Control Tower 

is not staffed. 

Class E airspace as an extension to the 

Class D and Class E surface areas is 

established to capture aircraft as they 

descend through 1,000 feet AGL outside 

the lateral dimensions of the surface 

area, while using the RNAV Approach 

to runway 28L. 

In addition, the term Airport Facility/ 

Directory is replaced with Chart 

Supplement and the name of the 

Hayward Executive Airport and the 

geographical coordinates for both 

Hayward Executive Airport and 

Metropolitan Oakland International 

Airport are updated to match the FAA’s 

National Airspace System Resource 

(NASR) database. 

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 


KHAMMOND on DSKJM1Z7X2PROD with RULES
85512 Federal Register / Vol. 85, No. 249 / Tuesday, December 29, 2020 / Rules and Regulations 

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. 

* * * * * 

AWP CA D Hayward, CA [Amended] 

Hayward Executive Airport, CA 

(Lat. 37°39′32′′ N, long. 122°07′18′′ W) 

Metropolitan Oakland International Airport 

(Lat. 37°43′17′′ N, long. 122°13′16′′ W) 

That airspace extending upward from the 

surface to, but not including, 1,500 feet MSL 

within a 3.5-mile radius of the Hayward 

Executive Airport, Hayward CA excluding 

that portion within the Metropolitan Oakland 

International Airport, Class C airspace. This 

Class D 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 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

AWP CA E2 Hayward, CA [New] 

Hayward Executive Airport, CA 

(Lat. 37°39′32′′ N, long. 122°07′18′′ W) 

Metropolitan Oakland International Airport 

(Lat. 37°43′17′′ N, long. 122°13′16′′ W) 

That airspace extending upward from the 

surface to but not including 1,500 feet MSL 

within a 3.5-mile radius of the Hayward 

Executive Airport, Hayward CA excluding 

that portion within the Metropolitan Oakland 

International Airport, Class C airspace. 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. 

* * * * * 

AWP CA E4 Hayward, CA [New] 

Hayward Executive Airport, CA 

(Lat. 37°39′32′′ N, long. 122°07′18′′ W) 

That airspace extending upward from the 

surface 1.2 miles each side of the 120° 

bearing from the Hayward Executive Airport 

extending from the Class D and E2 airspace 

3.5-mile radius to 9 miles from the airport. 

Issued in Seattle, Washington, on 

December 21, 2020. 

Brian Ochs, 

Acting Group Manager, Operations Support 

Group, Western Service Center. 

[FR Doc. 2020–28637 Filed 12–28–20; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 200 

[Release No. 33–10900; 34–90623; IA–5644; 

IC–34134] 

Delegation of Authority to Director of 

the Division of Enforcement 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’) is revising 

its regulations with respect to the 

delegations of authority to the Director 

of the Division of Enforcement. These 

revisions are the result of the 

Commission’s experience with its 

nonpublic investigations, litigation in 

Federal court, and disgorgement and 

Fair Fund plans in administrative and 

cease-and-desist proceedings instituted 

by the Commission. The revisions are 

intended to conserve Commission 

resources and make Commission 

operations more efficient by delegating 

to the Director the discretion to take the 

actions described below. 

DATES: Effective December 29, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Joseph K. Brenner, Chief Counsel, at 

(202) 551–5055, Division of 

Enforcement, Securities and Exchange 

Commission, 100 F Street NE, 

Washington, DC 20549–6553. 

SUPPLEMENTARY INFORMATION: 

Background 

The Commission is revising its 

delegations of authority to the Director 

of the Division of Enforcement as a 

result of its experience with its 

nonpublic investigations, litigation in 

Federal court, and disgorgement and 

Fair Fund plans in administrative and 

cease-and-desist proceedings instituted 

by the Commission. The revisions are 

intended to conserve Commission 

resources and make Commission 

operations more efficient. Congress has 

authorized such delegation by Public 

Law 87–592, 76 Stat. 394, 15 U.S.C. 

78d–1(a), which provides that the 

Commission ‘‘shall have the authority to 

delegate, by published order or rule, any 

of its functions to . . . an employee or 

employee board, including functions 

with respect to hearing, determining, 

ordering, certifying, reporting, or 

otherwise acting as to any work, 

business or matter.’’ 

The Commission is authorized to 

bring actions in United States District 

Court seeking injunctive and other relief 

for violations of the Federal securities 

laws and regulations. See Section 20(b) 

of the Securities Act of 1933 (15 U.S.C. 

77t(b)); Section 21(d)(1) of the Securities 

Exchange Act of 1934 (15 U.S.C. 

78u(d)(1)); Section 42(d) of the 

Investment Company Act of 1940 (15 

U.S.C. 80a–41(d)); Section 209(d) of the 

Investment Advisers Act of 1940 (15 

U.S.C. 80b–9(d)). With respect to 

Federal court litigation, the Commission 

routinely authorizes its staff to 

commence litigation against particular 

parties seeking particular relief. The 

addition of 17 CFR 200.30–4(a)(18) will 

allow the Director to carry out these 

authorizations more efficiently by taking 

the following actions: (i) Dismissing 

claims against entities that are defunct, 

the subject of bankruptcy proceedings, 

or without material assets; and (ii) 

dismissing claims against persons or 

entities that are duplicative of other 

pending claims against those persons or 

entities. 

The Commission is authorized to 

conduct investigations concerning 

potential violations of the Federal 

securities laws and regulations and, as 

part of those investigations, to require 

the production of records. See Section 

19(c) of the Securities Act of 1933 (15 

U.S.C. 77s(c)); Section 21(b) of the 

Securities Exchange Act of 1934 (15 

U.S.C. 78u(b)); Section 42(b) of the 

Investment Company Act of 1940 (15 


KHAMMOND on DSKJM1Z7X2PROD with RULES