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

10814 Federal Register / Vol. 66, No. 34 / Tuesday, February 20, 2001 / Rules and Regulations

guidance and examples of the

appropriate methods for determination

of the actual wage for purposes of the

H–1B wage requirement. The

underlying regulatory provisions at

§§ 655.731(a)(1), 655.731(b)(2), and

655.760(a)(3) were not open for notice

and comment.

In the Interim Final Rule preamble,

the Department fully described and

responded to the comments and stated:

After carefully considering all the

comments, the Department has concluded

that Appendix A—which was created in

response to employers’ requests for technical

guidance—has not served its intended

purpose and has, instead, caused some

confusion. The Department has, therefore,

decided that Appendix A will not be

included in the Interim Final Rule. The

controlling standards for determining and

documenting an employee’s ‘‘actual wage’’

are contained in the current regulation, 20

CFR 655.731(a)(1), 655.731(b)(2), and

655.760(a)(3) (none of which were opened for

comment in the NPRM). If the need arises in

the future, the Department, as appropriate,

will provide compliance advice or technical

assistance further explaining the current

regulation.

[65 FR 80193]

Although this preamble discussion

made the Department’s intention

perfectly clear, and the Table of

Contents did not contain Appendix A,

the Department neglected to include an

explicit instruction in the regulatory

text to delete Appendix A. It is,

therefore, necessary that a correction

Rule be issued to achieve the Interim

Final Rule’s intention. This Final Rule

provides the needed correction, and

removes Appendix A from the H–1B

regulations.

Procedural Requirements

The Department is of the view that

this correction to an inadvertent error in

the Interim Final Rule is not a rule to

which the procedural requirements of

the Administrative Procedure Act or the

various statutes and executive orders

relating to rules apply. If this correction

is a rule, however, notice and comment

is not required. Interested parties have

had two opportunities to comment on

Appendix A. In addition, the Appendix

was an interpretation of § 655.731 and,

as required by the rules of the Federal

Register, did not contain new

requirements or restrictions.

Furthermore, if the correction is a rule,

the Department finds good cause not to

provide further notice and comment.

Such additional notice and comment

would be unnecessary and contrary to

the public interest since the public was

advised in the preamble to the Interim

Final Rule that the Appendix was

deleted and unnecessary confusion

would result if this correction were not

made immediately. For the same

reasons, the correction is effective on

January 19, 2001, the effective date of

the Interim Final Rule.

This correction contains no

paperwork requirements to which the

Paperwork Reduction Act applies. In

addition, this action, if a rule, is not a

‘‘significant regulatory action’’ within

the meaning of Executive Order 12866.

Furthermore, this action is not a ‘‘major

rule’’ within the meaning of the Small

Business Regulatory Enforcement Act or

an ‘‘unfunded mandate’’ within the

meaning of Title II of the Unfunded

Mandates Reform Act of 1995. Finally,

the action will not have federalism

implications within the meaning of

Executive Order 13132, and a regulatory

flexibility analysis is not required by the

Regulatory Flexibility Act.

Accordingly, the Department makes

the following correction to the interim

final rule published on December 20,

2000. On page 80233, in the first

column immediately preceding the

heading for subpart I, insert instruction

21a to read as follows:

21a. Appendix A to subpart H of part

655 is removed.

Signed at Washington, DC, this 12th day of

February, 2001.

Raymond J. Uhalde,

Deputy Assistant Secretary, Employment and

Training Administration.

Thomas M. Markey,

Acting Administrator, Wage and Hour

Division, Employment Standards

Administration.

[FR Doc. 01–4126 Filed 2–16–01; 8:45 am]

BILLING CODE 4510–30–U

DEPARTMENT OF LABOR

Employment and Training

Administration

20 CFR Parts 655 and 656

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 Employment Standards

Administration, Wage and Hour

Division, Department of Labor.

ACTION: Interim final rule; OMB

approval of information collection

requirements.

SUMMARY: The Employment and

Training Administration (ETA) and the

Employment Standards Administration

(ESA) of the Department of Labor (DOL)

are providing notice that on January 18,

2001, the Office of Management and

Budget (OMB) approved under the

Paperwork Reduction Act (PRA), the

information collection requirements

contained in Sections 655.700; 655.731;

655.736; 655.737(e)(1); 655.738(e);

655.739(i), and 655.760 of the subject

regulation, under OMB No. 1205–0310.

DATES: These information collection

requirements became effective on

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) 693–2942 (this is not

a toll-free number).

SUPPLEMENTARY INFORMATION: On

December 20, 2000 (65 FR 80110), ETA

and ESA jointly published an Interim

Final Rule (IFR) governing the

employment of H–1B nonimmigrants in

the United States. The Department at

the same time submitted an information

collection request, in accordance with

the Paperwork Reduction Act (PRA), 44

U.S.C. 3501 et seq. and 5 CFR part 1320,

seeking approval of the information

collection requirements contained in

that rule. These information collection

requirements are contained in Sections

655.700; 655.731; 655.736;

655.737(e)(1); 655.738(e); 655.739(i);

and 655.760 of that rule.

On January 18, 2001, OMB approved

these information collections under the

PRA and 5 CFR part 1320. The OMB

control number assigned to these

information collections is 1205–0310

and approval will expire January 31,

2004.

Signed at Washington, DC this 12th day of

February, 2001.

Raymond J. Uhalde,

Deputy Assistant Secretary, Employment and

Training Administration.

Thomas M. Markey,

Acting Administrator, Wage and Hour

Division, Employment Standards

Administration.

[FR Doc. 01–4119 Filed 2–16–01; 8:45 am]

BILLING CODE 4510–30–P