Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations 50839 

1 82 FR 5238 (Jan. 17, 2017). 

2 Id. 

3 82 FR 31887 (July 11, 2017). 

4Nat’l Venture Capital Assoc., et al., v. Duke, 291 

F. Supp. 3d 5 (D.D.C. Dec. 1, 2017). 

5On May 29, 2018, DHS published a notice of 

proposed rulemaking (NPRM) to remove the 

international entrepreneur program from DHS 

regulations, but never finalized the proposal. See 83 

FR 24415 (May 29, 2018). Instead, on May 11, 2021, 

DHS withdrew the NPRM. See 86 FR 25809 (May 

11, 2021). 

6See 8 CFR 212.19(a)(5), (b)(2)(ii), and (c)(2)(ii). 

marketing order programs, reports and 

forms are periodically reviewed to 

reduce information requirements and 

duplication by industry and public 

sector agencies. USDA has not 

identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services. 

A proposed rule concerning this 

action was published in the Federal 

Register on April 23, 2021 (86 FR 

21667). Copies of the proposal were 

provided by the Committee to members 

and handlers. Finally, the proposed rule 

was made available through the internet 

by USDA and the Office of the Federal 

Register. A 60-day comment period 

ending June 22, 2021, was provided to 

allow interested persons to respond to 

the proposal. No comments were 

received. Accordingly, no changes have 

been made to the rule as proposed. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: https://

www.ams.usda.gov/rules-regulations/ 

moa/small-businesses. Any questions 

about the compliance guide should be 

sent to Richard Lower at the previously 

mentioned address in the FOR FURTHER

INFORMATION CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it was found that 

this rule effectuates the declared policy 

of the Act. 

List of Subjects in 7 CFR Part 945 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

For reasons set forth above, 7 CFR 

part 945 is amended as follows: 

PART 945—IRISH POTATOES GROWN 

IN CERTAIN DESIGNATED COUNTIES 

IN IDAHO, AND MALHEUR COUNTY, 

OREGON 

■ 1. The authority citation for part 945 

continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 945.341, revise paragraphs 

(a)(2)(i) through (iii) to read as follows: 

§ 945.341 Handling regulation. 

(a) * * * 

(2) * * * 

(i) All varieties, except Russet types. 

(A) 17⁄8 inches minimum diameter, 

unless otherwise specified on the 

container in connection with the grade. 

(B) Size B (11⁄2 to 21⁄4 inches 

diameter). 

(ii) Russet types. (A) 2 inches 

minimum diameter, or 4 ounces 

minimum weight: Provided, that at least 

40 percent of the potatoes in each lot 

shall be 5 ounces or heavier. 

(B) Size B (11⁄2 to 21⁄4 inches diameter) 

if the potatoes otherwise meet 

requirements of U.S. No. 1 grade or 

better. 

(iii) All varieties, U.S. No. 1 grade or 

better. Creamer (3⁄4 to 15⁄8 inches 

diameter). 

* * * * * 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2021–19678 Filed 9–10–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 212 

[CIS No. 2699–21; DHS Docket No.: USCIS– 

2021–0018] 

RIN 1615–AC75 

International Entrepreneur Program: 

Automatic Increase of Investment and 

Revenue Amount Requirements 

AGENCY: U.S. Citizenship and 

Immigration Services (USCIS), 

Department of Homeland Security 

(DHS). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: On January 17, 2017, DHS 

published a final rule with new 

regulatory provisions guiding the use of 

parole on a case-by-case basis with 

respect to entrepreneurs of start-up 

entities who can demonstrate through 

evidence of substantial and 

demonstrated potential for rapid 

business growth and job creation that 

they would provide a significant public 

benefit to the United States. The 2017 

regulation provided that the investment 

and revenue amount requirements 

would automatically adjust every three 

years by the Consumer Price Index for 

All Urban Consumers (CPI–U). DHS is 

issuing this rule to inform the public of 

the increased amounts that will take 

effect at the start of Fiscal Year 2022 and 

to revise the regulations to accurately 

reflect the updated investment amounts. 

DATES: This final rule is effective on 

October 1, 2021. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions only: Charles L. 

Nimick, Chief, Business and Foreign 

Workers Division, Office of Policy and 

Strategy, U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security, 5900 Capital 

Gateway Drive, Camp Springs, MD 

20588–0009, telephone (240) 721–3000 

(this is not a toll-free number). 

Individuals with hearing or speech 

impairments may access the telephone 

number above via TTY by calling the 

toll-free Federal Information Relay 

Service at 1–877–889–5627 (TTY/TDD). 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. The International Entrepreneur 

Program 

On January 17, 2017, the Department 

of Homeland Security (DHS) published 

a final rule with new regulatory 

provisions guiding the use of parole on 

a case-by-case basis with respect to 

entrepreneurs of start-up entities. These 

entrepreneurs would be eligible for 

consideration of parole if they could 

demonstrate a significant public benefit 

to the United States through substantial 

and demonstrated potential for rapid 

business growth and job creation.1 The 

final rule was to be effective July 17, 

2017.2

On July 11, 2017, DHS published a 

rule delaying the effective date to March 

14, 2018.3 Two individuals, two 

businesses, and the National Venture 

Capital Association sued DHS, 

challenging the delay rule for violating 

the Administrative Procedure Act’s 

notice and comment requirement at 5 

U.S.C. 553. The D.C. Circuit, agreeing 

with the plaintiffs, vacated the delay 

rule on December 1, 2017, allowing the 

rule to go into effect without further 

delay.4

The regulatory provisions established 

by the January 17, 2017 rule, which 

were implemented after the delay rule 

was vacated on December 1, 2017,5

provide specific investment and 

revenue amounts that can support an 

application for parole and re-parole.6

The rule also stated that the investment 

and revenue amounts will be 


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7The regulatory text stated that USCIS would 

provide notice of the automatic adjustments in the 

Federal Register and on its website prior to the 

beginning of the fiscal year in which the change 

would take effect. While DHS did not discuss these 

automatic adjustments in the preamble to the final 

rule, DHS explained in the proposed rule that it 

believed that automatically adjusting the minimum 

dollar amounts by the CPI–U every 3 years will 

maintain investment and revenue requirements at 

an appropriate level in relation to future economic 

conditions. DHS also believed automatically 

adjusting the minimum dollar amounts would be 

more manageable operationally for DHS and less 

burdensome to applicants. See, generally, 81 FR 

60129 (Aug. 31, 2016). 

8 DHS rounded these amounts to the nearest 

dollar. 

9 8 CFR 212.19(b)(2)(ii)(B). 

10 8 CFR 212.19(b)(2)(iii). 

11 8 CFR 212.19(c)(2)(ii)(B). 

12See U.S. Department of Labor, Bureau of Labor 

Statistics, ‘‘Historical Consumer Price Index for All 

Urban Consumers (CPI–U): U.S. city average, all 

items, by month,’’ available at https://www.bls.gov/ 

cpi/tables/supplemental-files/historical-cpi-u202103.pdf (last visited May 5, 2021). Calculation 

of inflation: (1) Calculate the average monthly CPI– 

U for the reference year (1995) and the current year 

(2019); (2) Subtract reference year CPI–U from 

current year CPI–U; (3) Divide the difference of the 

reference year CPI–U and current year CPI–U by the 

reference year CPI–U; (4) Multiply by 100 = 

automatically adjusted every 3 years by 

the CPI–U and posted on the USCIS 

website at www.uscis.gov and 

investment and revenue amounts 

adjusted under 8 CFR 212.19(l) will 

apply to all applications filed on or after 

the beginning of the fiscal year for 

which the adjustment is made.7

B. Investment and Revenue Increase for 

Fiscal Year 2022 

The automatic adjustment required by 

8 CFR 212.19(l) affects the amounts 

stated in 8 CFR 212.19(a)(5) (no less 

than $600,000 in aggregate investments 

by the qualifying investor and at least 

$500,000 in revenue by at least two 

entities), (b)(2)(ii)(B) (at least $250,000 

in investments or at least $100,000 in 

government awards or grants), and 

(c)(2)(ii)(B) (at least $500,000 in 

additional investment or revenue). DHS 

has calculated the new investment and 

revenue amounts and revised the 

applicable provisions in this final rule.8

According to the CPI–U Calculator 

available from the Department of 

Labor’s website, https://www.bls.gov/ 

data/inflation_calculator.htm, $100,000 

in December 2017 had a present dollar 

value of $105,659 in December 2020 

(Fiscal Year 2021), three years later. The 

same calculator reflects $250,000 in 

December 2017 had a present dollar 

value of $264,147 in December 2020, 

that $500,000 in December 2017 had a 

present dollar value of $528,293 in 

December 2020, and that $600,000 in 

December 2017 had a present dollar 

value of $633,952 in December 2020. In 

light of these automatic adjustments in 

December 2020, beginning in Fiscal 

Year 2022, under 8 CFR 

212.19(b)(2)(ii)(B) as updated by this 

final rule, an applicant may be 

considered for initial parole if he or she 

demonstrates that his or her entity has 

received, within 18 months immediately 

preceding the filing of an application for 

initial parole, either a qualified 

investment amount of at least $264,147 

from one or more qualified investors or 

an amount of at least $105,659 through 

one or more qualified government 

awards or grants.9 In the alternative, an 

applicant who partially meets one or 

both of those criteria may still qualify 

for further consideration by providing 

other reliable and compelling evidence 

of the start-up entity’s substantial 

potential for rapid growth and job 

creation.10 Similarly, revised 8 CFR 

212.19(c)(2)(ii)(B) provides that an 

applicant may be considered for reparole if he or she establishes that 

during the initial parole period, his or 

her entity: 

• Received at least $528,293 in 

qualifying investments, qualified 

government grants or awards, or a 

combination of such funding, during the 

initial parole period; 

• Created at least 5 qualified jobs 

with the start-up entity during the 

initial parole period; or 

• Reached at least $528,293 in annual 

revenue in the United States and 

averaged 20 percent in annual revenue 

growth during the initial parole 

period.11

In the alternative, an applicant who 

partially meets one or more of the 

criteria in paragraph (c)(2)(ii)(B) of this 

section may still qualify for 

consideration by providing other 

reliable and compelling evidence of the 

start-up entity’s substantial potential for 

rapid growth and job creation. Finally, 

revised 8 CFR 212.19(a)(5) defines a 

qualified investor as an individual or 

investor who, among other 

requirements, has made investments in 

start-up entities comprising a total of no 

less than $633,952 in a 5-year period 

and at least two of those entities created 

at least 5 jobs or generated at least 

$528,293 in revenue with an average 

annualized revenue growth of at least 20 

percent. 

The revised amounts in this final rule 

are also posted on the USCIS website 

https://www.uscis.gov. 

II. Statutory and Regulatory 

Requirements 

A. Administrative Procedure Act 

Under the Administrative Procedure 

Act (5 U.S.C. 553(b)), an agency may 

waive the normal notice and comment 

requirements if it finds, for good cause, 

that they are impracticable, 

unnecessary, or contrary to the public 

interest. The final rule merely updates 

the investment and revenue amounts to 

account for inflation consistent with the 

regulatory requirement at 8 CFR 

212.19(l) providing that these amounts 

will automatically adjust every three 

years by the Consumer Price Index. This 

amendment is a technical change to 

ensure that the regulation accurately 

reflects these updated investment 

amounts, automatically adjusted for 

inflation, and avoids potential 

confusion for applicants and other 

interested parties regarding the 

applicable investment amounts under 8 

CFR 212.19. Therefore, notice and 

comment for this rule is unnecessary 

and contrary to the public interest 

because the rule has no substantive 

impact and is simply a ministerial 

update to the regulations. For the same 

reasons, pursuant to 5 U.S.C. 553(d)(3), 

a delayed effective date is not required. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 603(b)), as amended by the 

Small Business Regulatory Enforcement 

and Fairness Act of 1996 (SBREFA), 

requires an agency to prepare and make 

available to the public a regulatory 

flexibility analysis that describes the 

effect of a proposed rule on small 

entities (i.e., small businesses, small 

organizations, and small governmental 

jurisdictions) when the agency is 

required ‘‘to publish a general notice of 

proposed rulemaking for any proposed 

rule.’’ Because this rule is being issued 

as a final rule, on the grounds set forth 

in section II.A., a regulatory flexibility 

analysis is not required under the RFA. 

C. Unfunded Mandates Reform Act of 

1995 

The Unfunded Mandates Reform Act 

of 1995 (UMRA) is intended, among 

other things, to curb the practice of 

imposing unfunded Federal mandates 

on State, local, and tribal governments. 

Title II of UMRA requires each Federal 

agency to prepare a written statement 

assessing the effects of any Federal 

mandate in a proposed or final agency 

rule that may directly result in a $100 

million or more expenditure (adjusted 

annually for inflation) in any one year 

by State, local, and tribal governments, 

in the aggregate, or by the private sector. 

The inflation-adjusted value of $100 

million in 1995 is approximately $170 

million in 2020 based on the Consumer 

Price Index for All Urban Consumers 

(CPI–U).12 This final rule does not 


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Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations 50841 

[(Average monthly CPI–U for 2020¥Average 

monthly CPI–U for 1995)/(Average monthly CPI–U 

for 1995)] * 100 = [(258.811¥152.383)/152.383] * 

100 = (106.428/152.383) *100 = 0.6984 * 100 = 

69.84 percent = 70 percent (rounded). Calculation 

of inflation-adjusted value: $100 million in 1995 

dollars * 1.70 = $170 million in 2020 dollars. 

13 Data covering the period December 2017– 

August 12, 2021. 

contain such a mandate. The 

requirements of title II of UMRA, 

therefore, do not apply, and DHS has 

not prepared a statement under UMRA. 

D. Executive Order 12866 

This action does not require review by 

the Office of Management and Budget 

(OMB) under Executive Orders 12866 

and 13563. As previously discussed, 

DHS has the authority to adjust the 

investment and revenue amount 

requirements according to the CPI–U. 

The population that may be affected 

by this rule are the applicants that file 

for Form I–941, Application for 

Entrepreneur Parole, after this rule 

becomes effective. Table A presents the 

historical annual receipts for Form I– 

941 received for Fiscal Years 2018 

through 2021. During this period, 41 

total Form I–941 applications have been 

filed with USCIS, and DHS estimates 

that an annual average of 11 Form I–941 

applications were received by USCIS. 

TABLE A—ANNUAL RECEIPTS FOR FORM I–941, APPLICATION FOR ENTREPRENEUR PAROLE, FOR FISCAL YEARS FY18– 

FY21 13

Form 2018 2019 2020 2021 Total 

4-Year annual 

average 

receipts 

Form I–941 ............................................... 20 7 1 13 41 11 

Source: USCIS, Immigrant Program Office, Claims 3 (C3) database (as of August 17, 2021). 

E. Executive Order 13132 (Federalism) 

The rule will not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, DHS has determined that 

this final rule does not have sufficient 

federalism implications to warrant the 

preparation of a federalism summary 

impact statement. 

F. Executive Order 12988 Civil Justice 

Reform 

This rule meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

G. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (PRA), 44 U.S.C. 3501–3512, 

DHS must submit to the Office of 

Management and Budget (OMB) for 

review and approval, any reporting 

requirements inherent in a rule, unless 

they are exempt. This final rule will 

revise USCIS Form I–941. The 

information collected through the I–941 

is used by USCIS to assist in 

determining if an applicant is eligible 

for discretionary grant of parole under 8 

CFR 212.19. As provided under 5 CFR 

1320.13, USCIS is requesting emergency 

processing for this collection of 

information as specified in the 

Paperwork Reduction Act and its 

implementing regulations. USCIS 

certifies that the requirements of 5 CFR 

1320.13(a) are met and that: 

• The collection of information is 

needed immediately and is essential to 

the mission of the agency. 

• The use of normal clearance 

procedures is reasonably likely to 

prevent or disrupt the collection of 

information. 

Overview of this information collection: 

(1) Type of Information Collection: 

Revision of a Currently Approved 

Collection. 

(2) Title of the Form/Collection: 

Application for Entrepreneur Parole. 

(3) Agency form number, if any, and 

the applicable component of the DHS 

sponsoring the collection: Form I–941; 

USCIS. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: Individuals or 

households. Entrepreneurs can use this 

form to make an initial request for 

parole based upon significant public 

benefit; make a subsequent request for 

parole for an additional period; or file 

an amended application to notify USCIS 

of a material change. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: The estimated total number of 

respondents for the information 

collection I–941 is 2,940 and the 

estimated hour burden per response is 

4.7 hours. The estimated total number of 

respondents for the biometric 

processing is 2,940 and the estimated 

hour burden per response is 1.17 hours. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: The total estimated annual 

hour burden associated with this 

collection is 17,258 hours. 

(7) An estimate of the total public 

burden (in cost) associated with the 

collection: The estimated total annual 

cost burden associated with this 

collection of information is $1,440,600. 

List of Subjects in 8 CFR Part 212 

Administrative practice and 

procedure, Aliens, Immigration, 

Passports and visas, Reporting and 

recordkeeping requirements. 

Amendments to the Regulations 

For the reasons stated in the 

preamble, DHS amends part 212 of title 

8 of the Code of Federal Regulations (8 

CFR part 212) as set forth below. 

PART 212—DOCUMENTARY 

REQUIREMENTS: NONIMMIGRANTS; 

WAIVERS; ADMISSION OF CERTAIN 

INADMISSIBLE ALIENS; PAROLE 

■ 1. The general authority citation for 

part 212 continues to read as follows: 

Authority: 6 U.S.C. 111, 202(4) and 271; 8 

U.S.C. 1101 and note, 1102, 1103, 1182 and 

note, 1184, 1187, 1223, 1225, 1226, 1227, 

1255, 1359; section 7209 of Pub. L. 108–458 

(8 U.S.C. 1185 note); Title VII of Pub. L. 110– 

229 (8 U.S.C. 1185 note); 8 CFR part 2; Pub. 

L. 115–218. 

* * * * * 

■ 2. In § 212.19, revise paragraphs 

(a)(5)(i) and (ii), (b)(2)(ii)(B)(1) and (2), 

and (c)(2)(ii)(B)(1) and (3) to read as 

follows: 

§ 212.19 Parole for entrepreneurs. 

(a) * * * 

(5) * * * 

(i) The individual or organization 

made investments in start-up entities in 

exchange for equity, convertible debt, or 

other security convertible into equity 


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50842 Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations 

commonly used in financing 

transactions within their respective 

industries comprising a total in such 5- 

year period of no less than $633,952; 

and 

(ii) Subsequent to such investment by 

such individual or organization, at least 

2 such entities each created at least 5 

qualified jobs or generated at least 

$528,293 in revenue with average 

annualized revenue growth of at least 20 

percent. 

* * * * * 

(b) * * * 

(2) * * * 

(ii) * * * 

(B) * * * 

(1) Received, within 18 months 

immediately preceding the filing of an 

application for initial parole, a qualified 

investment amount of at least $264,147 

from one or more qualified investors; or 

(2) Received, within 18 months 

immediately preceding the filing of an 

application for initial parole, an amount 

of at least $105,659 through one or more 

qualified government awards or grants. 

* * * * * 

(c) * * * 

(2) * * * 

(ii) * * * 

(B) * * * 

(1) Received at least $528,293 in 

qualifying investments, qualified 

government grants or awards, or a 

combination of such funding, during the 

initial parole period; 

* * * * * 

(3) Reached at least $528,293 in 

annual revenue in the United States and 

averaged 20 percent in annual revenue 

growth during the initial parole period. 

* * * * * 

Alejandro N. Mayorkas, 

Secretary of Homeland Security. 

[FR Doc. 2021–19603 Filed 9–10–21; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2021–0471; Airspace 

Docket No. 21–AGL–25] 

RIN 2120–AA66 

Revocation of Class E Airspace and 

Amendment of Class E Airspace; 

Peebles and West Union, OH 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action revokes the Class 

E extending upward from 700 feet above 

the surface at Peebles, OH; and amends 

the Class E airspace extending upward 

from 700 feet above the surface at 

Alexander Salamon Airport, West 

Union, OH. This action is the result of 

airspace reviews caused by the 

decommissioning of the West Union 

non-federal non-directional beacon 

(NDB). The geographic coordinates of 

the Alexander Salamon Airport are also 

being updated to coincide with the 

FAA’s aeronautical database. 

DATES: Effective 0901 UTC, December 2, 

2021. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR 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: 

fr.inspection@nara.gov or go to https:// 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Claypool, Federal Aviation 

Administration, Operations Support 

Group, Central Service Center, 10101 

Hillwood Parkway, Fort Worth, TX 

76177; telephone (817) 222–5711. 

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 revokes the 

Class E extending upward from 700 feet 

above the surface at Peebles, OH; and 

amends the Class E airspace extending 

upward from 700 feet above the surface 

at Alexander Salamon Airport, West 

Union, OH, to support instrument flight 

rule operations at these airports. 

History 

The FAA published a notice of 

proposed rulemaking (NPRM) in the 

Federal Register (86 FR 35420; July 6, 

2021) for Docket No. FAA–2021–0471 to 

revoke the Class E extending upward 

from 700 feet above the surface at 

Peebles, OH; and amend the Class E 

airspace extending upward from 700 

feet above the surface at Alexander 

Salamon Airport, West Union, OH. 

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 14 CFR part 71: 

Revokes the Class E airspace 

extending upward from 700 feet above 

the surface at Peebles, OH; 

And amends the Class E airspace 

extending upward from 700 feet above 

the surface to within a 6.4-mile 

(decreased from a 7.7-mile) radius of 

Alexander Salamon Airport, West 

Union, OH; removes the name 

associated with the airport to comply 

with changes to FAA Order 7400.2N, 

Procedures for Handling Airspace 

Matters; and updates the geographic 

coordinates of the airport to coincide 

with the FAA’s aeronautical database. 

This action is due to airspace reviews 

caused by the decommissioning of the 

West Union non-federal NDB, and the 

closure of the airport and cancellation of 

the instrument procedures at Peebles, 

OH. 

FAA Order 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 


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