Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations 52959 

concern and will take steps when 

reviewing applications to ensure that 

applications from smaller tribes receive 

proper attention. Because economic 

development need is always an 

important consideration in funding 

decisions, EDA does not believe that 

larger tribes with associated for-profit 

entities will necessarily have an 

advantage over smaller tribes in the 

competitive process. Nonetheless, EDA 

will monitor the distribution of funding 

and make adjustments to its application 

review process, as necessary, to ensure 

that funding is distributed equitably. 

Other commenters expressed 

particular concern that the change 

provided in this final rule would make 

Alaska Native Corporations (ANCs) 

eligible for EDA funding. The eligibility 

of ANCs for EDA funding is governed by 

the language of PWEDA, however, and 

is therefore not within the scope of this 

action and not affected by this final rule. 

Based on the Supreme Court’s recent 

decision in Yellen v. Confederated 

Tribes of the Chehalis Reservation, 121 

S. Ct. 2434 (2021), EDA has determined 

that ANCs fall within PWEDA’s 

definition of ‘‘Indian Tribe.’’ 

Regulation Change 

To enable for-profits that are wholly 

owned by, and established for the 

benefit of, the Indian Tribe to be eligible 

for EDA Tribal funding, this final rule 

changes EDA’s regulation by deleting 

the first instance of ‘‘non-profit’’ where 

it appears in the second sentence of the 

definition at 13 CFR 300.3, so that ‘‘nonprofit’’ no longer modifies the type of 

‘‘Indian corporation (restricted to 

Indians)’’ that is eligible. This final rule 

also adds ‘‘, corporation’’ in the proviso 

to the second sentence to ensure that 

any such corporation must be wholly 

owned by, and established for the 

benefit of, the Tribe. 

As noted above, this change has no 

effect on the eligibility of ANCs, which 

are separately identified in PWEDA’s 

definition of ‘‘Indian Tribe.’’ 

Classification 

Administrative Procedure Act and 

Regulatory Flexibility Act 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action because EDA formally 

consulted AINs on this change in 

accordance with Executive Order 13125, 

and AINs are the only affected entities. 

Additional public comment would 

therefore serve no purpose and is 

unnecessary. There is also good cause 

under 5 U.S.C. 553(d)(3) to waive the 

30-day delay in effectiveness. 

Expanding eligibility of Native 

American communities is urgent given 

the current availability of funds for such 

communities under the American 

Rescue Plan Act (ARPA) of 2021 (Pub. 

L. 117–2). Expanding eligibility within 

Native American communities as 

accomplished by this rule is critically 

necessary to ensure the benefits of 

ARPA effectively reach those 

communities and that they are able to 

equally take part in the economic 

recovery from the pandemic. 

Because prior notice and an 

opportunity for public comment are not 

required pursuant to 5 U.S.C. 553, or 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

inapplicable. Therefore, a regulatory 

flexibility analysis has not been 

prepared. 

Executive Orders 12866 and 13563 

The Office of Management and Budget 

(OMB) has determined that this rule is 

not significant for purposes of Executive 

Order 12866. 

Congressional Review Act 

This final rule is not major under the 

Congressional Review Act (5 U.S.C. 801 

et seq.). 

Executive Order 13132 

This final rule does not contain 

policies that have federalism 

implications. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) (‘‘PRA’’) 

requires that a Federal agency consider 

the impact of paperwork and other 

information collection burdens imposed 

on the public and, under the provisions 

of PRA section 3507(d), obtain approval 

from OMB for each collection of 

information it conducts, sponsors, or 

requires through regulations. 

Notwithstanding any other provision of 

law, no person is required to respond to, 

nor shall any person be subject to a 

penalty for failure to comply with a 

collection of information subject to the 

PRA unless that collection displays a 

currently valid OMB Control Number. 

This final rule does not require the 

collection of any information. 

List of Subjects in 13 CFR Part 300 

Organization and functions 

(Government agencies), Reporting and 

recordkeeping requirements. 

For the reasons discussed above, EDA 

is amending title 13, chapter III of the 

Code of Federal Regulations as follows: 

PART 300—GENERAL INFORMATION 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 42 U.S.C. 3121; 42 U.S.C. 3122; 

42 U.S.C. 3211; 15 U.S.C. 3701; Department 

of Commerce Organization Order 10–4. 

■ 2. Amend § 300.3 by revising the 

definition of Indian Tribe to read as 

follows: 

§ 300.3 Definitions. 

* * * * * 

Indian Tribe means an entity on the 

list of recognized tribes published 

pursuant to the Federally Recognized 

Indian Tribe List Act of 1994, as 

amended (Pub. L. 103–454) (25 U.S.C. 

479a et seq.), and any Alaska Native 

Village or Regional Corporation (as 

defined in or established under the 

Alaska Native Claims Settlement Act (43 

U.S.C. 1601 et seq.). This term includes 

the governing body of an Indian Tribe, 

Indian corporation (restricted to 

Indians), Indian authority, or other nonprofit Indian tribal organization or 

entity; provided that the Indian tribal 

organization, corporation, or entity is 

wholly owned by, and established for 

the benefit of, the Indian Tribe or Alaska 

Native Village. 

* * * * * 

Dated: September 20, 2021. 

Alejandra Y. Castillo, 

Assistant Secretary of Commerce for 

Economic Development. 

[FR Doc. 2021–20633 Filed 9–23–21; 8:45 am] 

BILLING CODE 3510–24–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2021–0536; Airspace 

Docket No. 21–ASO–20] 

RIN 2120–AA66 

Establishment of Class D Airspace, 

and Amendment of Class E Airspace; 

Gulf Shores, AL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

D airspace, and amends Class E airspace 

extending upward from 700 feet above 

the surface for Jack Edwards National 

Airport, Gulf Shores, AL, as a new air 

traffic control tower will service the 

airport. This action also updates the 

airport’s name and geographic 

coordinates under the existing Class E 

52960 Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations 

airspace. Controlled airspace is 

necessary for the safety and 

management of instrument flight rules 

(IFR) operations in the area. 

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 JO 7400.11 and publication of 

conforming amendments. 

ADDRESSES: FAA Order JO 7400.11F, 

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 JO 7400.11F at NARA, email 

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

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

ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, 1701 Columbia Ave., 

College Park, GA 30337; Telephone 

(404) 305–6364. 

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 establishes 

Class D airspace and amends Class E 

airspace for Jack Edwards National 

Airport, Gulf Shores, AL. 

History 

The FAA published a notice of 

proposed rulemaking in the Federal 

Register (86 FR 37939, July 19, 2021) for 

Docket No. FAA–2021–0536 to establish 

Class D airspace and amend Class E 

airspace extending upward from 700 

feet above the surface for Jack Edwards 

National Airport, Gulf Shores, AL, as a 

new air traffic control tower will service 

the airport. This action also proposed 

updating the airport’s name and 

geographic coordinates under the 

existing Class E airspace. 

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 D and Class E airspace 

designations are published in 

Paragraphs 5000, and 6005, 

respectively, of FAA Order JO 7400.11F, 

dated August 10, 2021, and effective 

September 15, 2021, which is 

incorporated by reference in 14 CFR 

71.1. The Class D and 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 JO 

7400.11F, Airspace Designations and 

Reporting Points, dated August 10, 

2021, and effective September 15, 2021. 

FAA Order JO 7400.11F is publicly 

available as listed in the ADDRESSES

section of this document. FAA Order JO 

7400.11F lists Class A, B, C, D, and E 

airspace areas, air traffic routes, and 

reporting points. 

The Rule 

The FAA is amending 14 CFR part 71 

by establishing Class D airspace for Jack 

Edwards National Airport, Gulf Shores, 

AL, as a new air traffic control tower 

will service the airport. Also, an 

airspace evaluation resulted in 

increasing the radius of the existing 

Class E airspace extending upward from 

700 feet above the surface to 6.8 miles 

from 6.5 miles. In addition, the FAA is 

updating the name and geographic 

coordinates of the airport to coincide 

with the FAA’s aeronautical database. 

Finally, the city name is removed from 

the airspace header under the existing 

Class E airspace to comply with the 

7400.2M. These changes are necessary 

for continued safety and management of 

IFR operations in the area. 

FAA Order JO 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 an 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 JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ASO AL D Gulf Shores, AL [New] 

Jack Edwards National Airport, AL 

(Lat. 30°17′23′ W′′ N, long. 87°40′18′′ W) 

That airspace extending upward from the 

surface to and including 2,000 feet MSL, 

within a 4.3-mile radius of Jack Edwards 

National Airport, excluding that airspace 

within Restricted Area R–2908. This Class D 

airspace area is effective during the specific 

dates and times established in advance by a 

Notice to Airmen. The effective date and time 

Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations 52961 

will thereafter be continuously published in 

the Chart Supplement. 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO AL E5 Gulf Shores, AL [Amended] 

Jack Edwards National Airport, AL 

(Lat. 30°17′23′ W′′ N, long. 87°40′18′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.8-mile 

radius of Jack Edwards National Airport, 

excluding that airspace within Restricted 

Area R–2908. 

Issued in College Park, Georgia, on 

September 17, 2021. 

Matthew N. Cathcart, 

(A) Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2021–20480 Filed 9–23–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2021–0086; Airspace 

Docket No. 21–AGL–4] 

RIN 2120–AA66 

Revocation of V–271 and Amendment 

of V–285 in the Vicinity of Manistee, MI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action revokes VHF 

Omnidirectional Range (VOR) Federal 

airway V–271 and amends VOR Federal 

airway V–285 in the vicinity of 

Manistee, MI. This action is necessary 

due to the planned decommissioning of 

the VOR portion of the Manistee, MI, 

VOR/Distance Measuring Equipment 

(VOR/DME), which provides 

navigational guidance for these airways. 

The Manistee VOR is being 

decommissioned as part of the FAA’s 

VOR Minimum Operational Network 

(MON) program. 

DATES: Effective date 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 JO 7400.11 and 

publication of conforming amendments. 

ADDRESSES: FAA Order JO 7400.11F, 

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 Rules and Regulations 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 JO 7400.11F at NARA, email: 

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

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

ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Jesse Acevedo, Rules and Regulations 

Group, Office of Policy, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

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 the 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 

airway structure as necessary to 

preserve the safe and efficient flow of 

air traffic within the National Airspace 

System. 

History 

The FAA published a notice of 

proposed rulemaking for Docket No. 

FAA–2021–0086, in the Federal 

Register (86 FR 14293; March 15, 2021), 

revoking V–271 and amending V–285. 

The proposed revocation and 

amendment actions were due to the 

planned decommissioning of the VOR 

portion of the Manistee, MI, VOR/DME 

navigational aid. Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal. No comments were 

received. 

VOR Federal airways are published in 

paragraph 6010(a) of FAA Order JO 

7400.11F, dated August 10, 2021, and 

effective September 15, 2021, which is 

incorporated by reference in 14 CFR 

71.1. The airways 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 JO 

7400.11F, Airspace Designations and 

Reporting Points, dated August 10, 

2021, and effective September 15, 2021. 

FAA Order JO 7400.11F is publicly 

available as listed in the ADDRESSES

section of this document. FAA Order JO 

7400.11F lists Class A, B, C, D, and E 

airspace areas, air traffic service routes, 

and reporting points. 

The Rule 

This action amends 14 CFR part 71 by 

revoking V–271 and amending V–285. 

The planned decommissioning of the 

VOR portion of the Manistee, MI, VOR/ 

DME has made this action necessary. 

The VOR Federal airway amendment 

actions are described below. 

V–271: V–271 extends between the 

Manistee, MI, VOR/DME and the 

Escanaba, MI, VOR/DME. The airway is 

revoked in its entirety. 

V–285: V–285 extends between the 

Brickyard, IN, VOR/Tactical Air 

Navigation (VORTAC) and the Traverse 

City, MI, VOR/DME. The portion of the 

airway between the White Cloud, MI, 

VOR/DME and the Traverse City, MI, 

VOR/DME is removed. The unaffected 

portions of the existing airway remain 

as charted. 

All navigational aid radials in the 

VOR Federal airway description listed 

below are unchanged and stated in True 

degrees. 

FAA Order JO 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 Department of 

Transportation (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.