8364 Federal Register / Vol. 66, No. 21 / Wednesday, January 31, 2001 / Rules and Regulations

Register on November 13, 2000, (65 FR

67625). The FAA uses the direct final

rulemaking procedure for a

noncontroversial rule where the FAA

believes that there will be no adverse

public comment. this direct final rule

advised the public that no adverse

comments were anticipated, and that

unless a written adverse comment, or a

written notice of intent to submit such

an adverse comment, were received

within the comment period, the

regulation would become effective on

March 22, 2001. No adverse comments

were received, and, thus, this action

confirms that this direct final rule will

be effective on that date.

Issued in Fort Worth, TX, on January 8,

2001.

Robert N. Stevens,

Acting Manager, Air Traffic Division,

Southwest Region.

[FR Doc. 01–1550 Filed 1–30–01; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 2000–ASW–21]

Revocation of Class E Airspace, Gage,

OK

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This amendment revokes the

Class E airspace at Gage, OK. The

cancellation of all Standard Instrument

Approach Procedures (SIAP), at Gage

Airport, Gage, OK, has made this rule

necessary. This action is intended to

relinquish control of airspace that is no

longer needed at Gage Airport, Gage,

OK.

DATES: Effective 0901 UTC, May 17,

2001. Comments must be received on or

before March 19, 2001.

ADDRESSES: Send comments on the rule

in triplicate to Manager, Airspace

Branch, Air Traffic Division, Federal

Aviation Administration, Southwest

Region, Docket No. 2000–ASW–21, Fort

Worth, TX 76193–0520. The official

docket may be examined in the Office

of the Regional Counsel, Southwest

Region, Federal Aviation

Administration, 2601 Meacham

Boulevard, Room 663, Fort Worth, TX,

between 9 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

An informal docket may also be

examined during normal business hours

at the Airspace Branch, Air Traffic

Division, Federal Aviation

Administration, Southwest Region,

Room 414, Fort Worth, TX.

FOR FURTHER INFORMATION CONTACT:

Donald J. Day, Airspace Branch, Air

Traffic Division, Southwest Region,

Federal Aviation Administration, Fort

Worth, TX 76193–0520, telephone 817–

222–5593.

SUPPLEMENTARY INFORMATION: This

amendment to 14 CFR part 71 revokes

the Class E airspace at Gage OK. The

cancellation of all SIAPs, at Gage

Airport, Gage, OK, has made this rule

necessary. This action is intended to

relinquish control of airspace that is no

longer needed at Gage Airport, Gage,

OK.

Class E airspace designations are

published in Paragraphs 6002 and 6005

of FAA Order 7400.9H, dated September

1, 2000, and effective September 16,

2000, which is incorporated by

reference in 14 CFR § 71.1. The Class E

airspace designation listed in this

document will be published

subsequently in the order.

The Direct Final Rule Procedure

The FAA anticipates that this

regulation will not result in adverse or

negative comment and therefore is

issuing it as a direct final rule. A

substantial number of previous

opportunities provided to the public to

comment on substantially identical

actions have resulted in negligible

adverse comments or objections. Unless

a written adverse or negative comment,

or a written notice of intent to submit

an adverse or negative comment is

received within the comment period,

the regulation will become effective on

the date specified above. After the close

of the comment period, the FAA will

publish a document in the Federal

Register indicating that no adverse or

negative comments were received and

confirming the date on which the final

rule will become effective. If the FAA

does receive, within the comment

period, an adverse or negative comment,

or written notice of intent to submit

such a comment, a document will be

published in the Federal Register. This

document may withdraw the direct final

rule in whole or in part. After

considering the adverse or negative

comment, we may publish another

direct final rule or publish a notice of

proposed rulemaking with a new

comment period.

Comments Invited

Although this action is in the form of

a final rule and was not preceded by a

notice of proposed rulemaking,

comments are invited on this rule.

Interested persons are invited to

comment on this rule by submitting

such written data, views, or arguments

as they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified under the caption

ADDRESSES. All communications

received on or before the closing date

for comments will be considered, and

this rule may be amended or withdrawn

in light of the comments received.

Factual information that supports the

commenter’s ideas and suggestions is

extremely helpful in evaluating the

effectiveness of this action and

determining whether additional

rulemaking action is needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA–public contact

concerned with the substance of this

action will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 2000–ASW–21.’’ The

postcard will be date stamped and

returned to the commenter.

Agency Findings

The regulations adopted herein 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, it is

determined that this final rule will not

have federalism implications under

Executive Order 13132.

Further, the FAA has determined that

this regulation is noncontroversial and

unlikely to result in adverse or negative

comments and only involves an

established body of technical

regulations that require frequent and

routine amendments to keep them

operationally current. Therefore, I

certify that this regulation (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) if

promulgated, will not have a significant

economic impact, positive or negative,

on a substantial number of small entities

Federal Register / Vol. 66, No. 21 / Wednesday, January 31, 2001 / Rules and Regulations 8365

under the criteria of the Regulatory

Flexibility Act. Since this rule involves

routine matters that will only affect air

traffic procedures and air navigation, it

does not warrant preparation of a

Regulatory Flexibility Analysis because

the anticipated impact is so minimal.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me, the Federal

Aviation Administration amends 14

CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. 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 the Federal Aviation

Administration Order 7400.9H,

Airspace Designations and Reporting

Points, dated September 1, 2000, and

effective September 16, 2000, is

amended as follows:

Paragraph 6002 Class E airspace areas

extending upward from the surface of the

earth.

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

ASW OK E2 Gage, OK [Revoked]

ASW OK E5 Gage, OK [Revoked]

* * * * *

Issued in Fort Worth, TX on January 8,

2001.

Robert N. Stevens,

Acting Manager, Air Traffic Division,

Southwest Region.

[FR Doc. 01–1549 Filed 1–30–01; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–ACE–33]

Amendment to Class E Airspace;

Albia, IA

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: This document confirms the

effective date of a direct final rule which

revises Class E airspace at Albia, IA.

EFFECTIVE DATE: 0901 UTC, March 22,

2001.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division,

Airspace Branch, ACE–520C, DOT

Regional Headquarters Building, Federal

Aviation Administration, 901 Locust,

Kansas City, MO 64106; telephone:

(816) 329–2525.

SUPPLEMENTARY INFORMATION: The FAA

published this direct final rule with a

request for comments in the Federal

Register on November 9, 2000 (65 FR

67254). The FAA uses the direct final

rulemaking procedure for a noncontroversial rule where the FAA

believes that there will be no adverse

public comment. This direct final rule

advised the public that no adverse

comments were anticipated, and that

unless a written adverse comment, or a

written notice of intent to submit such

an adverse comment, were received

within the comment period, the

regulation would become effective on

March 22, 2001. No adverse comments

were received, and thus this notice

confirms that this direct final rule will

become effective on that date.

Issued in Kansas City, MO on January 5,

2001.

H.J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.

[FR Doc. 01–2038 Filed 1–30–01; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

RIN 0720–AA57

Civilian Health and Medical Program of

the Uniformed Services (CHAMPUS);

Methodology for Coverage of Phase II

and Phase III Clinical Trials Sponsored

by the National Institutes of Health

AGENCY: Office of The Secretary; DoD.

ACTION: Final rule.

SUMMARY: This final rule allows the

Department of Defense to waive normal

requirements so that covered

beneficiaries can participate in Phase II

and Phase III clinical trials sponsored or

approved by the National Institutes of

Health National Cancer Institute (NIH

NCI). This waiver authority is expected

to promote beneficiary access to

promising new treatments and

contribute to the development of such

treatments.

EFFECTIVE DATE: March 2, 2001.

ADDRESSES: TRICARE Management

Activity (TMA), Program Operations

Directorate, Program Development, 5111

Leesburg Pike, Suite 810, Falls Church,

VA 22041–3206.

FOR FURTHER INFORMATION CONTACT:

Patricia Collins, Office of the Assistant

Secretary of Defense (Health Affairs)/

TRICARE Management Activity,

telephone (703) 681–0039. Questions

regarding payment of specific claims

under CHAMPUS should be addressed

to the appropriate regional TRICARE/

CHAMPUS contractor.

SUPPLEMENTARY INFORMATION:

I. Overview of the Rule

Introduction and background

This final rule implements title 10,

United States Code, section 1079(a)(13)

which provides for a waiver of the

general prohibition on coverage of

unproven medical treatments or

procedures in connection with clinical

trials sponsored or approved by the

National Institutes of Health-National

Cancer Institute. This waiver is

contingent upon the Secretary of

Defense’s determination that a waiver

will promote access to promising new

treatments and contribute to the

development of such treatments. Based

on the improved beneficiary access to

these trials, and the contributions to the

development of such treatments, it is in

the best interest of the Department and

its beneficiaries to continue to provide

access through an authorized waiver as

outlined in the proposed rule. The

Department of Defense and the National

Institutes of Health National Cancer

Institute (NCI) established a partnership

in 1994 for the purpose of conducting a

demonstration project that allowed

patients with breast cancer to be

considered for NCI-sponsored bone

marrow transplant clinical trials. This

program expanded in 1996 to include

all cancers and NCI-Sponsored Phase II

and III cancer treatment clinical trials.

The partnership was further expanded

as of June 21, 1999 to include cancer

prevention and treatment. Between

January 1996 and January 2000,

approximately 270 beneficiaries have

participated in NCI-approved clinical

trials under the waiver. The Department

of Defense hopes that this permanent

benefit will heighten the awareness

among our cancer patients that clinical

trials are a promising treatment option

and encourage them to consider this.