Federal Register / Vol. 86, No. 141 / Tuesday, July 27, 2021 / Rules and Regulations 40147 

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 and 

establishes Class E airspace in York, PA, 

to support instrument flight rule 

operations at this airport. 

History 

The FAA published a notice of 

proposed rulemaking in the Federal 

Register (86 FR 24795, May 10, 2021) 

for Docket No. FAA–2021–0119 to 

amend Class E surface airspace at York 

Airport and establish Class E airspace 

for York Airport and Wellspan York 

Hospital Heliport, to accommodate area 

navigation (RNAV) global positioning 

system (GPS) standard instrument 

approach procedures (SIAPs) serving 

this airport. 

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 Paragraphs 6002 and 6005, 

respectively, 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 routes, and reporting points. 

The Rule 

The FAA amends 14 CFR part 71 by 

amending Class E surface airspace at 

York Airport, York, PA. An airspace 

evaluation of the area determined the 

additional airspace is necessary to 

accommodate operations at the airport. 

This action also updates the name of 

York Airport (formerly York County 

Airport). This action also establishes 

Class E airspace extending upward from 

700 feet above the surface at York 

Airport and Wellspan York Hospital 

Heliport to accommodate new area 

navigation (RNAV) global positioning 

system (GPS) standard instrument 

approach procedures serving the 

heliport. 

Subsequent to publication of the 

Notice of Proposed Rulemaking, the 

FAA found the spelling of Wellspan 

York Hospital Heliport was incorrect. 

This action corrects the error. 

Controlled airspace is necessary for the 

safety and management of instrument 

flight rules (IFR) operations in the area. 

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 anticipated 

impact is 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 5–6.5a. 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 6002 Class E Surface Airspace. 

* * * * * 

AEA PA E2 York, PA [Amended] 

York Airport, PA 

(Lat. 39°55′01′′ N, long. 76°52′23′′ W) 

That airspace extending upward from the 

surface within a 6.8-mile radius of the York 

Airport. 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AEA PA E5 York, PA [New] 

York Airport, PA 

(Lat. 39°55′01′′ N, long. 76°52′23′′ W) 

Wellspan York Hospital Heliport, PA 

(Lat. 39°56′41′′ N, long.76°43′06′′ W) 

That airspace extending upward from 700 

feet above the surface within a 9.3-mile 

radius of York Airport, and within 4.0 miles 

each side of the 339° bearing from the airport, 

extending from the 9.3-mile radius to 11.9 

miles northwest of the airport, and that 

airspace extending upward from 700 feet 

above the surface within a 6-mile radius of 

Wellspan York Hospital Heliport. 

Issued in College Park, Georgia, on July 21, 

2021. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2021–15921 Filed 7–26–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 224 

[212D0102DR/DS5A300000/ 

DR.5A311.IA000118] 

RIN 1076–AF65 

Tribal Energy Resource Agreements 

AGENCY: Bureau of Indian Affairs, 

Interior. 


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40148 Federal Register / Vol. 86, No. 141 / Tuesday, July 27, 2021 / Rules and Regulations 

ACTION: Final rule. 

SUMMARY: The Bureau of Indian Affairs 

(BIA) is confirming the interim final 

rule published on May 24, 2021, 

updating regulations governing Tribal 

Energy Resource Agreements (TERAs) 

between the Secretary of the Interior 

(Secretary) and Indian Tribes. The 

interim final rule added the statutory 

requirement that that any application 

for a Tribal Energy Development 

Organization (TEDO) be submitted by 

the Tribe and corrected cross-references. 

DATES: This rule is effective July 27, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Appel, Director, Office of 

Regulatory Affairs & Collaborative 

Action, (202) 273–4680; 

elizabeth.appel@bia.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary of Rule 

This final rule updates TERA 

regulations that BIA published on 

December 18, 2019 (84 FR 69602), under 

the authority of the Indian Tribal Energy 

Development and Self-Determination 

Act of 2005, as amended by the Indian 

Tribal Energy Development and SelfDetermination Act Amendments of 

2017, 25 U.S.C. 3501–3504, Public Law 

115–325, and 25 U.S.C. 2 and 9. The 

rule addressed the requirements of the 

Indian Tribal Energy Development and 

Self-Determination Act Amendments of 

2017 (2017 Amendments), including 

establishing a process and criteria for 

TEDOs to obtain certification from the 

Secretary so that they may enter into 

leases, business agreements, and rightsof-way with Tribes on Tribal land 

without Secretarial approval. See 

Section 103(b) of the 2017 

Amendments. 

The 2019 regulation stated at 

§ 224.202 that a TEDO must submit an 

application. The statute, however, states 

that the Tribe submits the application 

for certification of a TEDO. See 25 

U.S.C. 3504(h)(1). This final rule 

corrects the regulation at § 224.202 to 

provide that a Tribe must submit the 

application. 

This final rule also corrects 

typographical errors in the crossreferences to paragraphs in § 224.53, as 

follows: 

• In paragraph (a)(3), the crossreference is corrected to be paragraph 

(b), rather than paragraph (c); 

• In paragraph (a)(5), the crossreference is corrected to be paragraph (c) 

rather than paragraph (d); and 

• In paragraph (b), the cross reference 

is corrected to be paragraph (a)(3) rather 

than paragraph (a)(6). 

On May 24, 2021 (86 FR 27806), BIA 

published an interim final rule making 

these changes and announced the 

opportunity to comment by June 23, 

2021. BIA received no comments on the 

interim final rule, so this final rule 

adopts the interim final rule as 

published without change. 

II. Procedural Requirements 

A. Regulatory Planning and Review 

(E.O. 12866, 13563) 

Executive Order (E.O.) 12866 provides 

that the Office of Information and 

Regulatory Affairs (OIRA) at the Office 

of Management and Budget (OMB) will 

review all significant rules. OIRA has 

determined that this rule is not 

significant. 

E.O. 13563 reaffirms the principles of 

E.O. 12866 while calling for 

improvements in the Nation’s regulatory 

system to promote predictability, to 

reduce uncertainty, and to use the best, 

most innovative, and least burdensome 

tools for achieving regulatory ends. The 

E.O. directs agencies to consider 

regulatory approaches that reduce 

burdens and maintain flexibility and 

freedom of choice for the public where 

these approaches are relevant, feasible, 

and consistent with regulatory 

objectives. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. We have developed 

this rule in a manner consistent with 

these requirements. 

B. Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rule will not have a 

significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). 

C. Small Business Regulatory 

Enforcement Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: 

(a) Does not have an annual effect on 

the economy of $100 million or more; 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and 

(c) Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises 

because this rule makes minor 

corrections. 

D. Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

Tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a monetarily 

significant or unique effect on State, 

local, or Tribal governments or the 

private sector. A statement containing 

the information required by the 

Unfunded Mandates Reform Act (2 

U.S.C. 1531 et seq.) is not required. 

E. Takings (E.O. 12630) 

This rule does not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630 because this rule does not 

affect individual property rights 

protected by the Fifth Amendment or 

involve a compensable ‘‘taking.’’ A 

takings implication assessment is not 

required. 

F. Federalism (E.O. 13132) 

Under the criteria in section 1 of 

Executive Order 13132, this rule does 

not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement because the rule affects only 

agreements entered into by Tribes and 

the Department. A federalism summary 

impact statement is not required. 

G. Civil Justice Reform (E.O. 12988) 

This rule complies with the 

requirements of Executive Order 12988. 

Specifically, this rule: (a) Meets the 

criteria of section 3(a) requiring that all 

regulations be reviewed to eliminate 

errors and ambiguity and be written to 

minimize litigation; and (b) Meets the 

criteria of section 3(b)(2) requiring that 

all regulations be written in clear 

language and contain clear legal 

standards. 

H. Consultation With Indian Tribes 

(E.O. 13175) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

Tribes through a commitment to 

consultation with Indian Tribes and 

recognition of their right to selfgovernance and Tribal sovereignty. We 

have evaluated this rule under the 

Department’s consultation policy and 

under the criteria in Executive Order 

13175 and have determined that it does 

not have substantial direct effects on 

federally recognized Indian Tribes 

because the Department consulted on 

substantive requirements of the rule that 

is in effect, and this rule merely makes 

minor corrections to that substantive 

rule. 


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Federal Register / Vol. 86, No. 141 / Tuesday, July 27, 2021 / Rules and Regulations 40149 

I. Paperwork Reduction Act 

OMB Control No. 1076–0167 

currently authorizes the collections of 

information contained in 25 CFR part 

224. This rule does not affect those 

collections of information. 

J. National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. A 

detailed statement under the National 

Environmental Policy Act of 1969 

(NEPA) is not required because this is 

an administrative and procedural 

regulation. (For further information see 

43 CFR 46.210(i)). We have also 

determined that the rule does not 

involve any of the extraordinary 

circumstances listed in 43 CFR 46.215 

that would require further analysis 

under NEPA. 

K. Effects on the Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211. A Statement of Energy 

Effects is not required. 

List of Subjects in 25 CFR Part 224 

Agreement, Appeals, Application, 

Business agreements, Energy 

development, Interested party, Lease, 

Reporting and recordkeeping 

requirements, Right-of-way, Tribal 

Energy Resource Agreements, Tribal 

capacity, Tribal lands, Trust, Trust 

asset. 

PART 224—TRIBAL ENERGY 

RESOURCE AGREEMENTS UNDER 

THE INDIAN TRIBAL ENERGY 

DEVELOPMENT AND SELF 

DETERMINATION ACT 

■ The interim final rule amending 25 

CFR part 224 which was published at 86 

FR 27806 on May 24, 2021, is adopted 

as final without change. 

Bryan Newland, 

Principal Deputy Assistant Secretary—Indian 

Affairs. 

[FR Doc. 2021–15929 Filed 7–26–21; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0131] 

RIN 1625–AA87 

Security Zone, Christina River, 

Newport, DE 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a security zone for certain 

waters of the Christina River to prevent 

waterside threats and incidents for 

persons under the protection of the 

United States Secret Service (USSS) as 

they transit by vehicle on the route 141 

bridge over the Christina River near 

Newport, Delaware. The security zone 

will be enforced intermittently and only 

during times of a protected person 

transit over the bridge. Vessel traffic 

will be restricted while the zone is being 

enforced. This rule will prohibit persons 

and vessels from entering or remaining 

within the security zone unless 

authorized by the Captain of the Port 

Delaware Bay or a designated 

representative. 

DATES: This rule is effective July 27, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0131 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Petty Officer Edmund Ofalt, 

Sector Delaware Bay, Waterways 

Management Division, U.S. Coast 

Guard; telephone 215–271–4889, 

Edmund.J.Ofalt@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

Since January of 2021 the United 

States Secret Service (USSS) has 

routinely requested, pursuant to 

authorities listed in 18 U.S.C. 3056, the 

Coast Guard to implement a security 

zone in the vicinity of the 141 bridge 

over the Christina River near Newport, 

Delaware. Between January 1, 2021, and 

July 20, 2021, the waterside security 

zone around the 141 bridge has been 

requested fourteen times. In response to 

these frequent requests the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) on April 5, 2021, 

titled ‘‘Security Zone; Christina River, 

Newport, DE’’ (86 FR 17565). There we 

stated why we issued the NPRM and 

invited comments on our proposed 

regulatory action related to recurring 

transists of persons protected by the 

USSS across the 141 bridge in Newport, 

Delaware. During the comment period 

that ended May 5, 2021, we received 

one comment. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable and 

contrary to the public interest. This rule 

must be immediately effective to guard 

against potential acts of terrorism, 

sabotage, subversive acts, accidents, or 

other causes of a similar nature. 

III. Legal Authority and Need for Rule 

Under the Ports and Waterways Safety 

Act, the Coast Guard has authority to 

establish water or waterfront safety 

zones, or other measures, for limited, 

controlled, or conditional access and 

activity when necessary for the 

protection of any vessel, structure, 

waters, or shore area, 46 U.S.C. 

70011(b)(3). This rule safeguards the 

lives of persons protected by the Secret 

Service, and of the general public, by 

enhancing the safety and security of 

navigable waters of the United States 

during USSS protectee transits over the 

route 141 bridge over the Christina 

River near Newport, Delaware. The 

Coast Guard will activate the security 

zone when requested by the USSS for 

the protection of persons the USSS 

protects under 18 U.S.C. 3056 or 

pursuant to Presidential memorandum. 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231), as 

delegated by Department of Homeland 

Security Delegation No.00170.1(II)(70), 

Revision No. 01.2, from the Secretary of 

DHS to the Commandant of the U.S. 

Coast Guard, and further redelegated by 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 

160.5 to the Captains of the Port. The 

Captain of the Port Delaware Bay 

(COTP) has determined that recurring 

transits of persons under the protection 

of the USSS, which started in January of 

2021, present a potential target for 


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