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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. 202101683 Filed 12121; 4:15 pm BILLING CODE 441030P 911197P

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration 14 CFR Part 71
Docket No. FAA20200800; Airspace Docket No. 20ANM43
RIN 2120AA66

Revocation of Class D and Amendment of Class E Airspace; Gillette, WY
Federal Aviation Administration FAA, DOT.
ACTION: Final rule.
AGENCY:

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 In addition, this action removes the VOR/DME from the legal description and replaces the outdated term Airport Facility/Directory with the term Chart Supplement.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.

SUMMARY:

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.

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DATES:

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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:
Richard Roberts, Federal Aviation Administration, Western Service Center, Operations Support Group, 2200 S.
216th Street, Des Moines, WA 98198;
telephone 206 2312245.
SUPPLEMENTARY INFORMATION:
ADDRESSES:

Authority for This Rulemaking The FAAs 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 Agencys 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. FAA20200800 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
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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 teams 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 airports 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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