10812 Federal Register / Vol. 66, No. 34 / Tuesday, February 20, 2001 / Rules and Regulations

Class D airspace designations are

published in Paragraph 5000 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 D 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this rule may be amended or withdrawn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. 2001–ASW–04.’’ 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

under the criteria of the Regulatory

Flexbility 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 D 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, 1950–

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 5000 Class D airspace areas.

* * * * *

ASW TX D Fort Worth Carswell AFB, TX

[Revoked]

* * * * *

Issued in Fort Worth, TX on February 9,

2001.

Robert N. Stevens,

Acting Manager, Air Traffic Division,

Southwest Region.

[FR Doc. 01–4156 Filed 2–16–01; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–AEA–11FR]

Establish Class E Airspace:

Charlottesville, VA

AGENCY: Federal Aviation

Administration [FAA] DOT.

ACTION: Final rule.

SUMMARY: This action establishes Class

E airspace for University of Virginia

Medical Center Heliport. This action is

made necessary by the development of

a Helicopter Point in Space Standard

Instrument Approach Procedure (SIAP)

062 based on the Global Positioning

System (GPS). Sufficient controlled

airspace is needed to accommodate the

SIAP and for Instrument Flight Rules

(IFR) operations at the heliport. The area

would be depicted on aeronautical

charts for pilot reference.

EFFECTIVE DATE: 0901 UTC March 15,

2001.

FOR FURTHER INFORMATION CONTACT: Mr.

Francis Jordan, Airspace Specialist,

Airspace Branch, AEA–520, Air Traffic

Division, Eastern Region, Federal

Federal Register / Vol. 66, No. 34 / Tuesday, February 20, 2001 / Rules and Regulations 10813

Aviation Administration, 1 Aviation

Plaza, Jamaica, New York 11434–4809,

telephone: (718) 553–4521.

SUPPLEMENTARY INFORMATION:

History

On November 22, 2000 a notice

proposing to amend Part 71 of the

Federal Aviation Regulations (14 CFR

Part 71) by establishing Class E airspace

extending upward from 700 feet Above

Ground Level (AGL) at the University of

Virginia Medical Center was published

in the Federal Register (65FR 70323).

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments to the proposal were

received. The rule is adopted as

proposed. The coordinates for this

airspace docket are based on North

American Datum 83. Class E airspace

areas designations for airspace

extending upward from the surface are

published in paragraph 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 amended

in the order.

The Rule

This amendment to Part 71 of the

Federal Aviation Regulations (14 CFR

Part 71) provides controlled Class E

airspace extending upward from 700

feet above the surface for aircraft

conducting IFR operations at University

of Virginia Medical Center Heliport,

Charlottesville, VA.

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. Therefore, 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)

does not warrant preparation of a

Regulatory Evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation it

is certified that this rule will not have

significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List 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—[AMENDED]

1. The authority citation for 14 CFR

Part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; EO 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

The incorporation by reference in 14

CFR 71.1 of 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 6005 Class E airspace areas

extending upward from 700ft above the

surface of the earth.

* * * * *

AEA VA E5 UVA Charlottesville, VA

University of Virginia Medical Center

Heliport

(Lat) 38°01′18′′ N–(long) 78°30′30′′ W

Azalea Park NDB

(Lat) 38°00′37′ N–(long) 78°31′05′′ W

That airspace extending upward from 700

feet above the surface of the earth within a

6 mile radius of the University of Virginia

Medical Center Heliport.

* * * * *

Issued in Jamaica, New York on January

29, 2001.

F.D. Hatfield,

Manager, Air Traffic Division, Eastern Region.

[FR Doc. 01–4153 Filed 2–16–01; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF LABOR

Employment and Training

Administration

20 CFR Part 655

RIN 1215–AB09

Labor Condition Applications and

Requirements for Employers Using

Nonimmigrants on H–1B Visas in

Specialty Occupations and as Fashion

Models; Labor Certification Process

for Permanent Employment of Aliens

in the United States

AGENCY: Employment and Training

Administration, Labor, in concurrence

with the Wage and Hour Division,

Employment Standards Administration,

Labor.

ACTION: Correction to interim final rule.

SUMMARY: This document contains a

correction to the Interim Final Rule

(IFR) published on December 20, 2000

(65 FR 80110), which implemented

recent legislation and clarified existing

Departmental rules relating to the

temporary employment in the United

States of nonimmigrants under H–1B

visas. As discussed in the preamble to

the Interim Final Rule, the Department

concluded that Appendix A to subpart

H (Guidance for the Determination of

the ‘‘Actual Wage’’) would not be

included in the rule. However, the

Department inadvertently omitted the

amendatory instruction to remove the

appendix from the Code of Federal

Regulations. This document corrects

that error.

DATES: This rule is effective January 19,

2001.

FOR FURTHER INFORMATION CONTACT:

Michael Ginley, Director, Office of

Enforcement Policy, Wage and Hour

Division, Employment Standards

Administration, Department of Labor,

Room S–3510, 200 Constitution Avenue,

NW., Washington, DC 20210.

Telephone: (202) 693–0745 (this is not

a toll-free number).

Dale M. Ziegler, Chief, Division of

Foreign Labor Certifications, U.S.

Employment Service, Employment and

Training Administration, Department of

Labor, Room C–4318, 200 Constitution

Avenue, NW., Washington, DC 20210.

Telephone: (202) 693–3010 (this is not

a toll-free number).

SUPPLEMENTARY INFORMATION: On

January 5, 1999, the Department

published a Notice of Proposed

Rulemaking (NPRM) (64 FR 628),

seeking public comment on proposed

revisions to its regulations relating to

the employment of H–1B

nonimmigrants which were necessitated

by the enactment of the American

Competitiveness and Workforce

Improvement Act of 1998 (ACWIA). The

Department also sought further

comment on certain proposals which

were previously published for comment

as a Proposed Rule on October 31, 1995.

Among the matters addressed in the

Interim Final Rule (65 FR 80191–80194)

was the requirement of section

212(n)(1)(A)(i)(I) of the Immigration and

Nationality Act (INA) that an employer

seeking to employ H–1B nonimmigrants

agree that it will pay the nonimmigrants

at least the higher of the prevailing wage

or the ‘‘actual wage level paid by the

employer to all other individuals with

similar experience and qualifications for

the specific employment in question.’’

Specifically, the Department had sought

comment on Appendix A to Subpart H

of the regulations, which contained