This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

6847 

Vol. 86, No. 14 

Monday, January 25, 2021 

1See 85 FR 80274 (Dec. 11, 2020). 

2See Pangea Legal Servs. v. Dep’t of Homeland 

Security, No. 20–09253–JD, 2021 WL 75756, at *7 

(N.D. Cal. Jan. 8, 2021). The Pangea court held that 

plaintiffs showed a likelihood that Chad F. Wolf, 

who approved the December 11 rule in his capacity 

as Acting Secretary of Homeland Security, did not 

have valid authority to act in that capacity. See id. 

*6. Following the court’s ruling, Peter T. Gaynor 

and Mr. Wolf took steps to ratify the December 11 

rule. See DHS Delegation No. 23028, Delegation to 

the Under Secretary for Strategy, Policy, and Plans 

to Act on Final Rules, Regulations, and Other 

Matters (Jan. 12, 2021); Chad F. Wolf, Ratification 

(Jan. 14, 2021). By issuing this rule, the 

Departments state no position on Mr. Gaynor or Mr. 

Wolf’s actions or authority, the outcome thus far in 

Pangea, or the effects of any further actions. 

3See, e.g., 85 FR at 84176 (‘‘As noted, the 

[Security Bars] final rule is not, as the NPRM 

proposed, modifying the regulatory framework to 

apply the danger to the security of the United States 

bars at the credible fear stage because, in the 

interim between the NPRM and the final rule, the 

[December 11 rule] did so for all of the bars to 

eligibility for asylum and withholding of 

removal.’’); id. at 84189 (describing changes made 

in the Security Bars rule ‘‘to certain regulatory 

provisions not addressed in the proposed rule as 

necessitated by the intervening promulgation of the 

[December 11] Rule.’’). 

4Compare, e.g., 85 FR at 84194–84198 (revising 

8 CFR 208.30, 235.6, 1208.30, and 1235.6, among 

other provisions) and 85 FR at 80390–80401 (same). 

5See 5 U.S.C. 553(b)(B), (d) (providing an 

exception from the notice and comment 

requirements when an agency ‘‘for good cause finds 

. . . that notice and public procedure thereon are 

impracticable, unnecessary, or contrary to the 

public interest,’’ and providing additional 

exceptions with respect to the delayed effective 

date). 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 208 

[Docket No: USCIS 2020–0013] 

RIN 1615–AC57 

DEPARTMENT OF JUSTICE 

Executive Office for Immigration 

Review 

8 CFR Part 1208 

[A.G. Order No. 4975–2021] 

RIN 1125–AB08 

Security Bars and Processing; Delay of 

Effective Date 

AGENCY: U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security (‘‘DHS’’); Executive 

Office for Immigration Review, 

Department of Justice (‘‘DOJ’’) 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: On December 23, 2020, DHS 

and DOJ (collectively, ‘‘the 

Departments’’) published a final rule to 

clarify that the danger to the security of 

the United States statutory bar to 

eligibility for asylum and withholding 

of removal encompass certain 

emergency public health concerns and 

make certain other changes. The 

Departments are delaying the rule’s 

effective date for 60 days. 

DATES: As of January 21, 2021, the 

effective date of the final rule published 

at 85 FR 84160 (Dec. 23, 2020) is 

delayed until March 22, 2021. 

FOR FURTHER INFORMATION CONTACT: For 

USCIS: Andrew Davidson, Asylum 

Division Chief, Refugee, Asylum and 

International Affairs Directorate, U.S. 

Citizenship and Immigration Services, 

DHS; telephone 240–721–3000 (not a 

toll-free call). 

For EOIR: Lauren Alder Reid, 

Assistant Director, Office of Policy, 

Executive Office for Immigration 

Review, telephone (703) 305–0289 (not 

a toll-free call). 

SUPPLEMENTARY INFORMATION: 

Background and Basis for Delay 

On December 23, 2020, the 

Departments published a final rule 

(‘‘Security Bars rule’’) to amend existing 

regulations to clarify that in certain 

circumstances there are ‘‘reasonable 

grounds for regarding [an] alien as a 

danger to the security of the United 

States’’ or ‘‘reasonable grounds to 

believe that [an] alien is a danger to the 

security of the United States’’ based on 

emergency public health concerns 

generated by a communicable disease, 

making the alien ineligible to be granted 

asylum in the United States under 

section 208 of the Immigration and 

Nationality Act or the protection of 

withholding of removal under that Act 

or subsequent regulations (because of 

the threat of torture). See Security Bars 

and Processing, 85 FR 84160 et seq. 

(Dec. 23, 2020). 

On January 20, 2021, the White House 

Chief of Staff issued a memorandum 

asking agencies to consider delaying, 

consistent with applicable law, the 

effective dates of any rules that have 

published and not yet gone into effect, 

for the purpose of allowing the 

President’s appointees and designees to 

review questions of fact, law, and policy 

raised by those regulations. See 

Memorandum for the Heads of 

Executive Departments and Agencies 

from Ronald A. Klain, Assistant to the 

President and Chief of Staff, Re: 

Regulatory Freeze Pending Review (Jan. 

20, 2021). This action is consistent with 

that memorandum. 

The Departments have good cause to 

delay this rule’s effective date without 

advance notice and comment because a 

permissible path to implementation of 

the rule is not apparent due to a 

preliminary injunction against a related 

rule. On December 11, 2020, the 

Departments issued a rule titled 

Procedures for Asylum and Withholding 

of Removal; Credible Fear and 

Reasonable Fear Review.1 On January 8, 

2021, a district court preliminarily 

enjoined the Departments ‘‘from 

implementing, enforcing, or applying 

the [December 11] rule . . . or any 

related policies or procedures.’’ 2

Implementing the Security Bars rule 

will not be viable given this injunction. 

Most prominently, the Security Bars 

rule relies upon the framework for 

applying bars to asylum during credible 

fear processing that was established in 

the December 11 rule.3 That is not 

possible given the injunction. The 

regulatory text of significant portions of 

the Security Bars rule is also embedded 

within and repeats regulatory text that 

was established by the December 11 

rule.4

To implement the full Security Bars 

rule—and effectively reinsert or rely 

upon provisions that the Pangea court 

has enjoined—might run afoul of the 

court’s injunction. Because the court’s 

injunction is already effective and it 

would be impracticable to engage in 

notice and comment procedures in 

advance of the scheduled January 22 

effective date, the Departments are 

proceeding with this final rule.5

The Acting Secretary of Homeland 

Security, David P. Pekoske, having 


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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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