9908 Federal Register / Vol. 71, No. 39 / Tuesday, February 28, 2006 / Rules and Regulations

object not on the FAA list must be include the specific language contained The operating status of the airport will established before FAA will complete in § 47.47(a)(3), in its entirety. However, change from Visual Flight Rules (VFR) processing of documents related to the a written certification made by the to include IFR operations concurrent Cape Town Treaty. aircraft owner may be appropriately with the publication of the SIAP. varied. Acceptance of FAA Entry Point Filing DATES: Effective Date: 0901 UTC, June 8, Form—International Registry, AC Additional Evidence To Deregister and 2006. 8050–135 Export Aircraft Subject to the Treaty FOR FURTHER INFORMATION CONTACT: The FAA Civil Aviation Registry was An authorized party under an IDERA Mark D. Ward, Manager, Airspace and designated by Congress as the exclusive on file with the FAA who requests Operations Branch, Eastern En Route entry point for transmitting information deregistration and export of an aircraft and Oceanic Service Area, Federal to the International Registry as provided must support the certification made Aviation Administration, P.O. Box for in the Treaty. The Cape Town Treaty under § 47.47(a)(3) by submitting a copy 20636, Atlanta, Georgia 30320; Implementation Act of 2004 (Pub. L. of the relevant International Registry telephone (404) 305–5586. 108–297) directed the FAA to establish Search Certificate along with evidence SUPPLEMENTARY INFORMATION: a system for filing notices of of the consent to export or discharge of international and prospective lien from each registered lien holder History international interests, and authorizing ranking in priority to that of the On December 14, 2005, the FAA parties to transmit information to the requester, as evidenced by the Search proposed to amend part 71 of the International Registry. To implement Certificate. Federal Aviation Regulations (14 CFR these requirements, the Registry An aircraft owner eligible to request part 71) by establishing Class E airspace requires the submission of a completed deregistration and export of an aircraft at Nicholasville, KY, (70 FR 73959). FAA Entry Point Filing Form— subject to the Treaty must likewise This action provides adequate Class E International Registry, AC Form 8050– support the certification made under airspace for IFR operations at Lucas 135, to issue an authorization code. This § 47.47(a)(3) by submitting evidence of Field Airport. Designations for Class E code allows for the transmission of the consent to export or discharge of airspace areas extending upward from information to the International Registry lien from each outstanding lien holder 700 feet or more above the surface of the with respect to civil aircraft of the of any consensual lien on file in the earth are published in FAA Order United States, aircraft assigned a U.S. aircraft record at the FAA. 7400.9N, dated September 1, 2005, and identification number (for prospective The party requesting deregistration effective September 16, 2005, which is interests only), and aircraft engines with and export must be either the aircraft incorporated by reference in 14 CFR a rated takeoff horsepower of at least owner, as evidenced by documents on part 71.1. The Class E designations 550. Pursuant to 14 CFR part 49 subpart file at the FAA, or the authorized party listed in this document will be F, the acceptance of the FAA Entry under an IDERA on file at the FAA. published subsequently in the Order. Point Filing Form—International Issued in Oklahoma City, OK, on February Interested parties were invited to Registry, AC 8050–135, does not 21, 2006. participate in this rulemaking indicate agreement with or acceptance Mark Lash, proceeding by submitting written of any representations on the form. Manager, Civil Aviation Registry. comments on the proposal to the FAA. Irrevocable De-Registration and Export [FR Doc. 06–1809 Filed 2–22–06; 3:55 pm] No comments objecting to the proposal Request Authorization (IDERA) BILLING CODE 4910–13–M were received. The Protocol provides for the The Rule acceptance and recordation of an IDERA DEPARTMENT OF TRANSPORTATION that is substantially in the form annexed This amendment to part 71 of the Federal Aviation Regulations (14 CFR to the Protocol. FAA will not accept an Federal Aviation Administration IDERA that is not substantially in the part 71) establishes Class E airspace at Nicholasville, KY. form annexed to the Protocol. FAA will 14 CFR Part 71 not accept an IDERA that is not linked The FAA has determined that this to a specific instrument on file with the [Docket No. FAA–2005–23075; Airspace proposed regulation only involves an FAA. If the IDERA is not attached to and Docket No. 05–ASO–12] established body of technical made a part of the instrument it relates regulations for which frequent and Establishment of Class E Airspace; routine amendments are necessary to to, it must include sufficient detail to Nicholasville, KY identify the instrument (e.g., reference keep them operationally current. It, to a recorded conveyance by number) to AGENCY: Federal Aviation therefore, (1) is not a ‘‘significant which it is linked. Administration (FAA), DOT. regulatory action’’ under Executive Acknowledgment of acceptance of an ACTION: Final rule. Order 12866; (2) is not a ‘‘significant IDERA by FAA is demonstrated by (1) rule’’ under DOT Regulatory Policies the recording of the instrument that the SUMMARY: This action establishes Class and Procedures (44 FR 11034; February IDERA is attached to and made a part of, E airspace at Nicholasville, KY. Area 26, 1979); and (3) does not warrant or (2) if not filed as part of the Navigation (RNAV) Global Positioning preparation of a Regulatory Evaluation instrument, but filed at a later time, the System (GPS) Standard Instrument as the anticipated impact is so minimal. IDERA will be stamped with an ID/date Approach Procedures (SIAP) Runway Since this is a routine matter that will stamp of an FAA Legal Instruments (RWY) 9 and RWY 27 have been only affect air traffic procedures and air Examiner. developed for Lucas Field Airport. As a navigation, it is certified that this rule, result, controlled airspace extending when promulgated, will not have a Written Certification Regarding upward from 700 feet Above Ground significant economic impact on a Registered Interests Ranking in Priority Level (AGL) is needed to contain the substantial number of small entities A written certification made pursuant SIAPs and for Instrument Flight Rules under the criteria of the Regulatory to 14 CFR part 47, § 47.47(a)(3), must (IFR) operations at Lucas Field Airport. Flexibility Act.

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List of Subjects in 14 CFR Part 71 SUMMARY: OSHA is confirming the differences have a substantial impact on Airspace, Incorporation by reference, effective date of its direct final rule the regulated community. Based on this Navigation (Air). reinstating its original construction and determination, OSHA found that agriculture standards that regulate the reinstating the original OSHA standards Adoption of the Amendment testing of roll-over protective structures through a direct final rule was necessary I In consideration of the foregoing, the used to protect employees who operate and appropriate; it published this direct Federal Aviation Administration wheel-type tractors. The direct final rule final rule in the Federal Register on proposes to amend 14 CFR part 71 as stated that it would become effective on December 29, 2005 (70 FR 76979). follows: February 27, 2006 unless significant The Agency stated in the direct final adverse comment was received by rule that it would consider as significant PART 71—DESIGNATION OF CLASS A, January 30, 2006. OSHA received only adverse comments only those comments CLASS B, CLASS C, CLASS D, AND one comment on the direct final rule, that addressed: (1) The lawfulness of the CLASS E AIRSPACE AREAS; which it has determined is not a procedures used to promulgate the 1996 AIRWAYS; ROUTES; AND REPORTING significant adverse comment. technical amendment as these POINTS DATES: The direct final rule published procedures related to the ROPS testing on December 29, 2005 is effective I provisions; and (2) whether a few minor 1. The authority citation for part 71 February 27, 2006. For the purpose of continues to read as follows: revisions made to the original ROPS judicial review, OSHA considers standards were unreasonable or Authority: 49 U.S.C. 106(g); 40103, 40113, February 28, 2006 as the date of inappropriate. OSHA received only one 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– issuance. 1963 Comp., p. 389. public comment on the direct final rule, FOR FURTHER INFORMATION CONTACT: which it has determined is not a § 71.1 [Amended] Press Inquiries: Kevin Ropp, OSHA significant adverse comment. The I 2. The incorporation by reference in Office of Communications, Room N– commenter recommended several 14 CFR 71.1 of Federal Aviation 3647, U.S. Department of Labor, 200 technical clarifications to the original Administration Order 7400.9N, Constitution Avenue, NW., Washington, ROPS provisions and accompanying Airspace Designations and Reporting DC 20210; telephone: (202) 693–1999. figures. The Agency will address these Points, dated September 1, 2005, and General and technical information: recommendations in a subsequent effective September 16, 2005, is Mark Hagemann, Acting Director, Office Federal Register notice. In the present amended as follows: of Safety Systems, Directorate of notice, OSHA is confirming that the Standards and Guidance, Occupational effective date for the December 29, 2005 Paragraph 6005 Class E Airspace Areas Safety and Health Administration, U.S. direct final rule on ROPS is February 27, Extending Upward from 700 feet or More Department of Labor, Room N–3609, 2006. For purposes of judicial review, Above the Surface of the Earth. 200 Constitution Avenue, NW., OSHA considers February 28, 2006 to be * * * * * Washington, DC 20210; telephone (202) the date of issuance. ASO KY E5 Nicholasville, KY [NEW] 693–2255. Lucas Field Airport, KY ADDRESSES: In compliance with 28 List of Subjects ° ′ ″ ° ′ ″ (Lat. 37 52 16 N, long. 84 36 39 W) U.S.C. 2112(a), OSHA designates the 29 CFR Part 1926 That airspace extending upward from 700 Associate Solicitor for Occupational feet above the surface within a 6.5-radius of Safety and Health as the recipient of Construction industry, Motor vehicle Lucas Field Airport; excluding that airspace petitions for review of the final safety, Occupational safety and health. within the Lexington, KY, Class E airspace standard. The Associate Solicitor may 29 CFR Part 1928 area. be contacted at the Office of the * * * * * Solicitor, Room S–4004, U.S. Agriculture, Motor vehicle safety, Issued in College Park, Georgia, on Department of Labor, 200 Constitution Occupational safety and health. February 10, 2006. Avenue, NW., Washington, DC 20210, Authority and Signature Mark D. Ward, telephone: (202) 693–5445. Acting Area Director, Air Traffic Division, SUPPLEMENTARY INFORMATION: On March This document was prepared under Southern Region. 7, 1996, OSHA published a technical the direction of Jonathan L. Snare, [FR Doc. 06–1813 Filed 2–27–06; 8:45 am] amendment in the Federal Register that Acting Assistant Secretary of Labor for BILLING CODE 4910–13–M revised a number of its standards, Occupational Safety and Health, U.S. including the construction and Department of Labor, 200 Constitution agriculture standards that regulate Avenue, NW., Washington, DC 20210. DEPARTMENT OF LABOR testing of roll-over protective structures The Agency is issuing this final rule (‘‘ROPS’’) (61 FR 9228); employers use under the following authorities: Occupational Safety and Health these structures to protect employees Sections 4, 6, and 8 of the Occupational Administration who operate wheel-type tractors. The Safety and Health Act of 1970 (29 U.S.C. revision removed the original, detailed 653, 655, 657); Section 3704 of the 29 CFR Parts 1926 and 1928 ROPS-testing standards and referred Contract Work Hours and Safety instead to national consensus standards [Docket No. S–270–A] Standards Act (40 U.S.C. 3701 et seq.); for substantive ROPS-testing Secretary of Labor’s Order 5–2002 (67 RIN 1218–AC15 requirements. FR 65008); and 29 CFR Part 1911. Several years after issuing the 1996 Roll-Over Protective Structures technical amendment, the Agency Signed at Washington, DC on February 21, determined that differences existed 2006. AGENCY: Occupational Safety and Health Jonathan L. Snare, Administration (OSHA), Labor. between its original construction and agriculture ROPS standards and the Acting Assistant Secretary of Labor. ACTION: Final rule; confirmation of ROPS standards adopted under the 1996 [FR Doc. 06–1835 Filed 2–27–06; 8:45 am] effective date. technical amendment, and that these BILLING CODE 4510–26–P

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