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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. DATES: Effective Date: 0901 UTC, June 8,
Acceptance of FAA Entry Point Filing
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 This amendment to part 71 of the
that is substantially in the form annexed
to the Protocol. FAA will not accept an Federal Aviation Regulations (14 CFR
Federal Aviation Administration part 71) establishes Class E airspace at
IDERA that is not substantially in the
form annexed to the Protocol. FAA will Nicholasville, KY.
14 CFR Part 71 The FAA has determined that this
not accept an IDERA that is not linked
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,
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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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Federal Register / Vol. 71, No. 39 / Tuesday, February 28, 2006 / Rules and Regulations 9909

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
■ 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 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
■ 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
area. 29 CFR Part 1928
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,
Mark D. Ward, telephone: (202) 693–5445. Authority and Signature
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 Standards Act (40 U.S.C. 3701 et seq.);
[Docket No. S–270–A]
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,
2006.
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AGENCY: Occupational Safety and Health determined that differences existed


between its original construction and Jonathan L. Snare,
Administration (OSHA), Labor. Acting Assistant Secretary of Labor.
agriculture ROPS standards and the
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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