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and replaces the outdated term Airport 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 6849 

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 longterm 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 

1See 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). 

3CEA 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. 

5See 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. 

8See 17 CFR 23.157(a). 

9Regulation 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°20′56′′ N, long. 105°32′22′′ W) 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

ANM WY E2 Gillette, WY [New] 

Northeast Wyoming Regional Airport, WY 

(Lat. 44°20′56′′ N, long. 105°32′22′′ W) 

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°20′56′′ N, long. 105°32′22′′ W) 

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°20′56′′ N, long. 105°32′22′′ W) 

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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