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Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES

13, 2019, all comments received, the final rule, and all background material may be viewed online at http
www.regulations.gov using the docket number listed above. A copy of this final rule will also be placed in the docket. Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365
days each year. An electronic copy of this document may also be downloaded from the Office of the Federal Registers website at http www.ofr.gov and the Government Publishing Offices website at http www.gpo.gov.
Background On January 20, 2021, the Assistant to the President and Chief of Staff issued a memorandum titled, Regulatory Freeze Pending Review. The memorandum requested that the heads of executive departments and agencies agencies take steps to ensure that the Presidents appointees or designees have the opportunity to review any new or pending rules. With respect to rules published in the Federal Register, but not yet effective, the memorandum asked that agencies consider postponing the rules effective dates for 60 days from the date of the memorandum i.e., March 21, 2021 for the purpose of reviewing any questions of fact, law, and policy the rules may raise.
In accordance with this direction, the Agency has decided to delay until March 16, 2021, the effective date of the final rule, Operation of Small Unmanned Aircraft Systems Over People RIN 2120AK85, including the amendments to 107.61, 107.63, 107.65, 107.73, and 107.74. The final rule permits routine operations of small unmanned aircraft over people, moving vehicles, and at night under certain conditions. The final rule also makes changes to the recurrent testing framework and expands the list of persons who may request the presentation of a remote pilot certificate.
The delay in the rules effective date will afford the Presidents appointees or designees an opportunity to review the rule and will allow for consideration of any questions of fact, law, or policy that the rule may raise before it becomes effective.
Additionally, as a result of the delay in the effective date, several corrections are necessary. The compliance date for 107.29a1 regarding the operation of a small unmanned aircraft system at night must be corrected so that it does not precede the new effective date.
Similarly, a correction to 107.65d regarding the timing of passing the recurrent aeronautical knowledge test or satisfying training requirements must
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also be made to conform to the delayed effective date.
Waiver of Rulemaking and Delayed Effective Date Under the Administrative Procedure Act APA 5 U.S.C. 553, the Agency generally offers interested parties the opportunity to comment on proposed regulations and publish rules not less than 30 days before their effective dates.
However, the APA provides that an agency is not required to conduct notice-and-comment rulemaking or delay effective dates when the agency, for good cause, finds that the requirement is impracticable, unnecessary, or contrary to the public interest 5 U.S.C. 553bB and d3.
There is good cause to waive both of these requirements here as they are impracticable. A delay in the effective date of the final rule, Operation of Small Unmanned Aircraft Systems Over People, is necessary for the Presidents appointees and designees to have adequate time to review the rule before it takes effect, and neither the notice and comment process nor the delayed effective date could be implemented in time to allow for this review.
Corrections In FR Doc. 202028947 86 FR 4314
published on January 15, 2021, the following corrections are made:
107.29

Corrected
1. On page 4382, in the second column, in 107.29, in paragraph a1, the date March 1, 2021 is corrected to read March 16, 2021.

107.65

Corrected
2. On page 4383, in the first column, in 107.65, in paragraph d, the date March 1, 2021 is corrected to read March 16, 2021.

Issued in Washington, DC, under the authority provided by 49 U.S.C. 106f, 40101
note and 44807, on February 23, 2021.
Steve Dickson, Administrator, Federal Aviation Administration.
FR Doc. 202104093 Filed 22421; 4:15 pm BILLING CODE 491013P

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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration 14 CFR Part 71
Docket No. FAA20200943; Airspace Docket No. 20AWP11
RIN 2120AA66

Amendment of Class D and Class E
Airspace and Establishment of Class E
Airspace; Lancaster, CA
Federal Aviation Administration FAA, DOT.
ACTION: Final rule.
AGENCY:

This action modifies the Class E airspace, designated as an extension to a Class D or Class E surface area, at General WM J Fox Airfield Airport.
Additionally, this action establishes Class E airspace, extending upward from 700 feet above the surface. Further, this action removes the Palmdale Production Flight/Test Instln Plant NR42, Palmdale VORTAC, and the Gen.
William J. Fox NDB from the Class E4
legal description. Lastly, this action implements several administrative corrections to the Class D, Class E2 and Class E4 airspace text headers and legal descriptions.
DATES: Effective 0901 UTC, June 17, 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 2678783.
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:
Matthew Van Der Wal, Federal Aviation Administration, Western Service Center, Operations Support Group, 2200 S
216th Street, Des Moines, WA 98198;
telephone 206 2313695.
SUPPLEMENTARY INFORMATION:
SUMMARY:

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