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Federal Register / Vol. 71, No.

198 / Friday, October 13, 2006 / Rules and Regulations 60419

Docket at the location provided under EMBRAER Service Bulletin 145LEG–30– Effective Date
the caption ADDRESSES. 0002, Revision 01, dated January 4, 2005. (f) This amendment becomes effective on
(1) Install complete electrical connections November 17, 2006.
List of Subjects in 14 CFR Part 39 and provisions to add an additional
indication device to the clear-ice indication Issued in Renton, Washington, on October
Air transportation, Aircraft, Aviation 4, 2006.
safety, Incorporation by reference, system, as specified in Part I of the
Accomplishment Instructions of the service Kalene C. Yanamura,
Safety.
bulletin. Acting Manager, Transport Airplane
Adoption of the Amendment (2) Modify the electrical connections of Directorate, Aircraft Certification Service.
factory-provisioned airplanes to add an [FR Doc. E6–16895 Filed 10–12–06; 8:45 am]
■ Accordingly, pursuant to the authority additional indication device to the clear-ice BILLING CODE 4910–13–P
delegated to me by the Administrator, indication system, as specified in Part II of
the Federal Aviation Administration the Accomplishment Instructions of the
amends part 39 of the Federal Aviation service bulletin.
(3) Remove the ‘‘Clear-Ice Inoperative’’
DEPARTMENT OF TRANSPORTATION
Regulations (14 CFR part 39) as follows:
placard and reactivate the clear-ice
additional indicator lamp, as specified in
Federal Aviation Administration
PART 39—AIRWORTHINESS
DIRECTIVES Part III of the Accomplishment Instructions
of the service bulletin. 14 CFR Part 71
■ 1. The authority citation for part 39 (4) Replace the existing clear-ice indicator [Docket No. FAA–2006–25831; Airspace
continues to read as follows: lamp with a new, improved lamp having a Docket No. 06–AWA–1]
new part number, as specified in Part IV or
Authority: 49 U.S.C. 106(g), 40113, 44701. RIN 2120–AA66
V of the Accomplishment Instructions of the
§ 39.13 [Amended] service bulletin.
Modification of the Class B Airspace
■ 2. Section 39.13 is amended by adding Actions Accomplished Per Previous Issues of Area; Atlanta, GA
the following new airworthiness Service Bulletins
directive: (c) Actions accomplished before the AGENCY: Federal Aviation
effective date of this AD in accordance with Administration (FAA), DOT.
2006–21–04 Empresa Brasileira De
Aeronautica S.A. (EMBRAER): EMBRAER Service Bulletin 145–30–0035, ACTION: Final rule; request for
Amendment 39–14788. Docket 2004– Revision 02, dated January 6, 2005, are comments.
NM–36–AD. considered acceptable for compliance with
the corresponding actions specified in this SUMMARY: This action makes minor
Applicability: Model EMB–145XR AD. modifications to the floor of the Atlanta,
airplanes, as listed in EMBRAER Service GA, Class B airspace area in order to
Bulletin 145–30–0035, Revision 03, dated Alternative Methods of Compliance
March 8, 2005; and Model EMB–135BJ
contain large, turbine-powered aircraft
(d)(1) In accordance with 14 CFR 39.19, the
airplanes, as listed in EMBRAER Service within Class B airspace during
Manager, International Branch, ANM–116,
Bulletin 145LEG–30–0002, Revision 01, FAA, Transport Airplane Directorate, is
simultaneous triple instrument landing
dated January 4, 2005; certificated in any authorized to approve alternative methods of system (STILS) operations at the
category. compliance for this AD. Hartsfield-Jackson Atlanta International
Compliance: Required as indicated, unless (2) Before using any AMOC approved in Airport (ATL). In addition, this action
accomplished previously. accordance with § 39.19 on any airplane to makes two editorial changes to the
To prevent undetected build-up of clear ice which the AMOC applies, notify the Atlanta Class B airspace legal
on the wing surfaces, which could lead to appropriate principal inspector in the FAA description. The FAA is taking this
reduced controllability of the airplane, Flight Standards Certificate Holding District
accomplish the following: action to enhance safety and to prevent
Office. significant air traffic delays in the
Modification of Clear-Ice Indication System Note 1: The subject of this AD is addressed National Airspace System (NAS).
(a) For Model EMB–145XR airplanes: in Brazilian airworthiness directive 2004–01–
DATES: Effective 0901 UTC, October 26,
Within 24 months or 5,000 flight hours after 01, effective January 27, 2004.
2006. Comments must be received on or
the effective date of this AD, whichever before November 27, 2006. The Director
Incorporation by Reference
comes first, perform the actions specified in
paragraphs (a)(1) and (a)(2) of this AD, as (e) Unless otherwise specified in this AD, of the Federal Register approves this
applicable, in accordance with the the actions must be done in accordance with incorporation by reference action under
Accomplishment Instructions of EMBRAER EMBRAER Service Bulletin 145–30–0035, 1 CFR part 51, subject to the annual
Service Bulletin 145–30–0035, Revision 03, Revision 03, dated March 8, 2005; or revision of FAA Order 7400.9 and
dated March 8, 2005. EMBRAER Service Bulletin 145LEG–30– publication of conforming amendments.
(1) Install complete electrical connections 0002, Revision 01, dated January 4, 2005; as ADDRESSES: Address your comments in
and provisions to add an additional applicable. This incorporation by reference triplicate to the Docket Management
indication device to the clear-ice indication was approved by the Director of the Federal
System, U.S. Department of
system, as specified in Part I of the Register in accordance with 5 U.S.C. 552(a)
Accomplishment Instructions of the service and 1 CFR part 51. To get copies of this Transportation, Room Plaza 401, 400
bulletin. service information, contact Empresa Seventh Street, SW., Washington, DC
(2) Replace the existing clear-ice indication Brasileira de Aeronautica S.A. (EMBRAER), 20590–0001. You must identify FAA
lamp with a new lamp having a new part P.O. Box 343—CEP 12.225, Sao Jose dos Docket No. FAA–2006–25831 and
number, as specified in Part II of the Campos—SP, Brazil. To inspect copies of this Airspace Docket No. 06–AWA–1, at the
Accomplishment Instructions of the service service information, go to the FAA, Transport beginning of your comments. You may
bulletin. Airplane Directorate, 1601 Lind Avenue, also submit comments through the
(b) For Model EMB–135BJ airplanes: SW., Renton, Washington; or to the National Internet at http://dms.dot.gov.
Within 24 months or 5,000 flight hours after Archives and Records Administration
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FOR FURTHER INFORMATION CONTACT: Paul


the effective date of this AD, whichever (NARA). For information on the availability
comes first, perform the actions in of this material at the NARA, call (202) 741– Gallant, Airspace and Rules, Office of
paragraphs (b)(1), (b)(2), (b)(3), and (b)(4) of 6030, or go to http://www.archives.gov/ System Operations Airspace and AIM,
this AD, as applicable, in accordance with federal_register/code_of_federal_regulations/ Federal Aviation Administration, 800
the Accomplishment Instructions of ibr_locations.html. Independence Avenue, SW.,

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60420 Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Rules and Regulations

Washington, DC 20591; telephone: (202) 2005. August 2006 recorded 323 delays approaches are in use during triple
267–8783. versus 7,352 in August 2005. arrival operations, the Atlanta arrival
SUPPLEMENTARY INFORMATION: Additionally, since the start of triple rate is 134 aircraft per hour.
arrival procedures, ground delay The air traffic controller’s options to
Comments Invited programs for aircraft destined to Atlanta resolve the above situation and retain all
The FAA is adopting this final rule decreased (from 42 in July/August 2005 aircraft within Class B airspace are
without prior notice and comment. The to zero in July/August 2006), miles-in- limited. Required procedures for
Regulatory Policies and Procedures of trail restrictions were reduced for vectoring aircraft to the final approach
the Department of Transportation (DOT) adjacent air route traffic control centers, course and maintaining standard
(44 FR 1134; February 26, 1979) provide and on-time performance for Atlanta’s separation, along with the present Class
that to the maximum extent possible, customers saw significant improvement. B airspace design, all combine to
operating administrations for the DOT Initial modeling of the new present a very limited window of
should provide an opportunity for procedures, conducted several years airspace for controllers to use when
public comment on regulations issued ago, indicated that STILS approaches vectoring aircraft to intercept the ILS
without prior notice. Accordingly, we could be accomplished within the localizer course for Runway 8L/26R.
invite interested persons to participate confines of the current Class B airspace Under these conditions, the arrival flow
in this rulemaking by submitting such configuration. Further modeling, rate must be reduced to allow the
written date, views, or arguments, as conducted in the fall of 2005, indicated controller to vector aircraft to this small
they may desire. that the volume of arrivals to the north turn-on area, maintain required
Communications should identify both runway (8L/26R) would have to be separation from other arriving aircraft,
docket numbers (FAA Docket No. FAA– managed, but aircraft could still be and keep the aircraft within Class B
2006–25831 and Airspace Docket No. contained within the confines of Class airspace. For that reason, on August 30,
06–AWA–1) and be submitted in B airspace. However, after the actual 2006, the FAA elected to significantly
triplicate to the Docket Management implementation of STILS approaches in reduce arrival rates when STILS
System (see ADDRESSES section for June 2006, it was found that when operations are in use at Atlanta, during
address and phone number). You may STILS approaches were conducted IFR conditions, to avoid having arrivals
also submit comments through the during those periods when both peak exit and reenter Class B airspace. The
Internet at http://dms.dot.gov. traffic volume and instrument flight FAA took this step pending rulemaking
Commenters wishing the FAA to rules (IFR) weather conditions existed, action to modify the floor of the Atlanta
acknowledge receipt of their comments aircraft on approach to Runway 8L/26R Class B airspace area. It is
on this action must submit with those would exit and reenter Class B airspace acknowledged that this reduction in the
comments a self-addressed, stamped when between 25 and 20 nautical miles arrival rate will require an expanded use
postcard on which the following (NM) from the airport. Experience of traffic management initiatives during
statement is made: ‘‘Comments to FAA showed that, when STILS was in the conditions discussed above.
Docket No. FAA–2006–25831 and progress in IFR conditions and the The reduction of Atlanta’s arrival rate
Airspace Docket No. 06–AWA–1.’’ The traffic volume was running at the during STILS approaches has a
postcard will be date/time stamped and airport’s maximum efficiency arrival significant impact on operations at
returned to the commenter. rate, airspace constraints made it Atlanta and on the National Airspace
necessary for air traffic control to place System (NAS). As discussed earlier,
Availability of Final Rule actual experience with the STILS
the Runway 8L/26R arrivals at 5,000 feet
An electronic copy of this document MSL in order to provide proper operation demonstrated that it is not
may be downloaded through the separation from aircraft on approach to possible to contain all arrivals in the
Internet at http://dms.dot.gov. Recently the center runway. An aircraft at 5,000 Atlanta Class B airspace and maintain
published rulemaking documents can feet MSL on final approach to Runway the most efficient arrival rate. If the
also be accessed through the FAA’s Web 8L/26R will exit Class B airspace changes in this rule are not
page at http://www.faa.gov or the northeast or northwest of Atlanta implemented, Atlanta will be unable to
Federal Register’s Web page at http:// (depending on the landing direction) fully utilize STILS procedures during
www.gpoaccess.gov/fr/index.html. You when between 25 and 20 NM from the those traffic and weather conditions
may review the public docket airport. This occurs because the floor of when it is most needed. In order to
containing the final rule and any the existing Class B airspace is 6,000 ensure Class B airspace containment,
comments received in person in the feet MSL between 25 and 20 NM. At the the arrival rate must be reduced by at
Dockets Office (see ADDRESSES section 20 NM point, the Class B airspace floor least 20–25% during STILS operations.
for address and phone number) between drops to 3,500 feet MSL so arriving This drops the airport’s arrival rate from
9 a.m. and 5 p.m., Monday through aircraft reenter Class B airspace at that 116 aircraft per hour, to a maximum of
Friday, except Federal holidays. point. With the current Class B airspace 96 per hour. When demand exceeds
configuration, approximately 300–400 capacity, traffic management initiatives,
Background such as extended miles-in-trail
aircraft per day would leave and reenter
On May 27, 2006, a new runway (10/ Class B airspace when STILS operations restrictions and ground stops or ground
28) was commissioned at ATL. The new are conducted during less than visual delay programs, must be used to reduce
runway allowed the introduction of conditions. the ATL arrival flow. Normally, nine
simultaneous triple arrival operations at It is important to note that this periods daily exceed the 96 aircraft per
Atlanta which led to a significant situation exists primarily when hour rate. Flights that can’t be
decrease in arrival delays at the airport. simultaneous triple ILS approaches are accommodated in the hour they are
For example, arrival delays in June 2006 conducted during peak arrival periods scheduled to arrive would roll over into
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were 1,349 compared to 5,401 in June in less than visual weather conditions. subsequent hours creating additional
2005 (Note: triple arrivals did not Atlanta arrivals typically do not exit delays throughout the day. These delays
actually begin at Atlanta until June 8, Class B airspace when visual can easily number in the hundreds per
2006). In July 2006, arrival delays were approaches are being conducted to day. The impact of delays at Atlanta
257 as opposed to 8,059 delays in July Runway 8L/26R. When visual quickly ripples throughout the entire

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Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Rules and Regulations 60421

NAS and affects traffic at airports average of 1.21 aircraft per day add the two new sections wherein Class
nationwide. The impact on NAS transitioned through the described area. B airspace extends upward from 5,000
efficiency, aircraft operators, and In addition, the current Atlanta VFR feet MSL. These sections are: to the east
passengers is significant. For example, Flyway Planning Chart provides of the airport, that airspace within an
carriers that utilize the hub concept not multiple suggested routes and altitudes area bounded on the west by the 20 NM
only experience delays for Atlanta to help VFR pilots avoid major traffic arc of the Atlanta Very High Frequency
arrivals and departures, but also flows and to avoid flight within Class B Omnidirectional Range/Tactical Air
encounter disruption of schedule airspace (if desired) while transiting the Navigation (VORTAC), on the east by
integrity for their entire national Atlanta area. The changes in this rule the 25 NM arc of the Atlanta VORTAC,
operations. Since ground stop or ground will not impact the existing charted VFR on the south by the Atlanta VORTAC
delay programs and other traffic flyways. Two of these flyways pass 090° radial, and on the north by a line
management initiatives can lead to beneath the airspace in question, with 8 NM north of and parallel to the
missed connections and expiration of the suggested altitudes of ‘‘below 4,000’’ Runway 8L/26R localizer course; and to
crew duty times, operators often must on the west side, and ‘‘below 3,500 feet’’ the west of the airport, that airspace
cancel some flights to maintain overall on the east side. The current flyways within an area bounded on the east by
schedule integrity. Ground and in-flight still allow transiting VFR aircraft to the 20 NM arc of the Atlanta VORTAC,
delays also impact operations through remain well clear of the new 5,000 foot on the west by the 25 NM arc of the
increased fuel consumption and the MSL Class B airspace floor. Atlanta VORTAC, on the south by the
added expense of providing overnight Atlanta VORTAC 270° radial, and on the
Outreach Efforts
accommodations for affected north by a line 8 NM north of and
passengers. The flying public is The issue of aircraft exiting Class B parallel to the Runway 8L/26R localizer
adversely affected by the inability to get airspace was discussed at the April 24, course. The description of Area G is
to their destinations on time resulting in 2006 Precision Runway Monitor Site amended to reflect the above change by
missed connections, missed Implementation Team meeting. This adjusting the boundaries wherein Class
appointments, and added expenses. group consists of representatives from B airspace extends upward from 6,000
To correct the situation where FAA, the three major users at Hartsfield- feet MSL.
arriving aircraft exit and reenter Class B Jackson Atlanta International Airport, In addition, this rule makes two
airspace, and to maximize runway the Airline Pilots Association, and the editorial changes to the Atlanta Class B
capacity, this rule lowers the existing Atlanta Department of Aviation. airspace legal description to update the
floor of the Atlanta Class B airspace area Additionally, this issue was briefed at airport name and the coordinates of the
from 6,000 feet MSL to 5,000 feet MSL the May 11, 2006 Capacity airport reference point as listed in 14
within two small areas as described Enhancement Work Group meeting. CFR part 71. The airport name is
below. Lowering the Class B airspace This group consists of representatives changed from ‘‘The William B.
floor to 5,000 feet MSL in these areas from FAA, all Atlanta air carriers, the Hartsfield Atlanta International
will provide controllers with a larger National Business Aviation Association, Airport,’’ to ‘‘Hartsfield-Jackson Atlanta
window to accomplish the turn-on and the Atlanta Department of Aviation. International Airport,’’ in order to
phase and minimize the need to reduce The FAA also issued a Letter to Airmen reflect the current airport name. A
the arrival rate during certain STILS discussing this issue on May 15, 2006. minor change is made to the ARP
operations. In conjunction with this rule, the FAA coordinates to reflect the latest survey
will reprint the Atlanta Sectional information. The ARP coordinates are
Impact of the Class B Modification on Aeronautical Chart and the Atlanta VFR changed from ‘‘lat. 33°38′25″ N., long.
Other Airspace Users
Terminal Area Chart to reflect the 84°25′37″ W.,’’ to ‘‘lat. 38°38′12″ N.,
The FAA believes that lowering the modifications. The FAA will also issue long. 84°26′41″ W.’’ These editorial
floor of Class B airspace to 5,000 feet an additional letter to airmen describing changes do not affect the charting or the
MSL, as described in this rule, will not the Class B airspace change. operation of the Class B airspace area.
adversely affect other airspace users in The FAA considers this final rule to Except for the changes described
the Atlanta area. Presently, the airspace be a critical action necessary to enhance above, the descriptions of all other areas
between 5,000 feet and 6,000 feet MSL, the safety and efficiency of the National in the Atlanta Class B airspace area
within the two sections concerned, Airspace System. Although the FAA is remain as currently published.
includes east/west transitions for taking this action by immediate The coordinates for this airspace
aircraft primarily departing and landing adoption of the final rule, the agency docket are based on North American
at DeKalb-Peachtree Airport, Fulton intends to initiate a thorough review, in Datum 83. Class B airspace areas are
County Airport, Cobb County Airport, 2007, of the Atlanta Class B airspace published in paragraph 3000 of FAA
and Dobbins Air Reserve Base. The two area design. This effort will include Order 7400.9P dated September 1, 2006,
airspace segments are not useful as public participation through the ad hoc and effective September 15, 2006, which
north/south transition areas due to the user committee, informal airspace is incorporated by reference in 14 CFR
adjacent Class B airspace to the south meeting, and notice of proposed section 71.1. The Class B airspace area
where the Class B floor is already at rulemaking procedures. listed in this document will be
4,000 feet MSL. No aerobatic practice published subsequently in the Order.
areas or parachute drop areas are The Rule The FAA has determined that this
affected by the change. Very few visual This action amends Title 14 Code of regulation only involves an established
flight rules (VFR) aircraft presently Federal Regulations (14 CFR) part 71 by body of technical regulations for which
conduct operations between 5,000 and modifying the Atlanta Class B airspace frequent and routine amendments are
5,900 feet MSL in these areas due to the area to lower the floor of Class B necessary to keep them operationally
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high volume of Atlanta arrival traffic airspace from 6,000 feet MSL to 5,000 current. Therefore, this regulation: (1) Is
that uses the airspace. A recently feet MSL within two small areas as not a ‘‘significant regulatory action’’
conducted 42-day random sampling described below. Specifically, this under Executive Order 12866; (2) is not
(using the Performance Data Analysis action (depicted on the attached chart) a ‘‘significant rule’’ under Department of
and Reporting System) found that an modifies the description of Area F to Transportation (DOT) Regulatory

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60422 Federal Register / Vol. 71, No. 198 / Friday, October 13, 2006 / Rules and Regulations

Policies and Procedures (44 FR 11034; finds good cause because this rule will Boundaries.
February 26, 1979); and (3) does not enhance safety and end significant * * * * *
warrant preparation of a regulatory adverse impact on the operation of the Area F. That airspace extending upward
evaluation as the anticipated impact is NAS. As noted before, the FAA is taking from 5,000 feet MSL to and including 12,500
so minimal. Since this is a routine additional steps to advise the public of feet MSL, bounded on the east and west by
matter that will only affect air traffic this action, including reprinting the a 25-mile radius of the Atlanta VORTAC,
procedures and air navigation, it is affected aeronautical charts and sending clockwise between a line 12 miles south of
certified that this rule, when a letter to airmen in the Atlanta area and parallel to the Runway 09R/27L localizer
promulgated, will not have a significant regarding the airspace change. courses and the Atlanta VORTAC 138° radial;
and clockwise between the Atlanta VORTAC
economic impact on a substantial
List of Subjects in 14 CFR Part 71 218° radial and a line 12 miles south of and
number of small entities under the parallel to the Runway 09R/27L localizer
criteria of the Regulatory Flexibility Act. Airspace, Incorporation by reference,
courses; and that airspace west of the airport
Navigation (air).
Good Cause for Immediate Adoption between the 20-mile radius of the Atlanta
Adoption of the Amendment VORTAC and the 25-mile radius of the
Section 553(b)(3)(B) of the Atlanta VORTAC, from the Atlanta VORTAC
Administrative Procedure Act (5 U.S.C.) ■ In consideration of the foregoing, the 270° radial north to a line 8 miles north of
authorizes agencies to dispense with Federal Aviation Administration and parallel to the Runway 8L/26R localizer
notice and comment procedures when amends 14 CFR part 71 as follows: course; and that airspace east of the airport
the agency for ‘‘good cause’’ finds that between the 20-mile radius of the Atlanta
those procedures are ‘‘impractical, PART 71—DESIGNATION OF CLASS A, VORTAC and the 25-mile radius of the
unnecessary, or contrary to the public B, C, D, AND CLASS E AIRSPACE Atlanta VORTAC from the Atlanta VORTAC
interest.’’ Under this section, an agency, AREAS; AIR TRAFFIC SERVICE 090° radial north to a line 8 miles north of
upon finding good cause, may issue a ROUTES; AND REPORTING POINTS and parallel to the Runway 8L/26R localizer
final rule without seeking comment course; excluding that airspace contained in
■ 1. The authority citation for part 71 Areas A, C, D, and E.
prior to the rulemaking. Based on the continues to read as follows: Area G. That airspace extending upward
information presented above, the FAA from 6,000 feet MSL to and including 12,500
has determined that prompt remedial Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– feet MSL within a 25-mile radius of the
action is necessary to enhance safety 1963 Comp., p. 389. Atlanta VORTAC north of a line 8 miles
and avoid significant adverse impact on north of and parallel to the Runway 8L/26R
the operation of the NAS. Without § 71.1 [Amended] localizer course; and south of Atlanta
immediate action, the traveling public VORTAC in an area bounded on the north by
will continue to experience ■ 2. The incorporation by reference in a line 8 miles south of and parallel to the
substantially more flight delays. 14 CFR 71.1 of the FAA Order 7400.9P, Runway 09R/27L localizer courses, on the
Therefore, the FAA finds that it is Airspace Designations and Reporting east by the Atlanta VORTAC 138° radial, on
impractical and contrary to the public Points, dated September 1, 2006, and the south by a line 12 miles south of and
interest to delay action in order to effective September 15, 2006, is parallel to the Runway 09R/27L localizer
amended as follows: courses, and on the west by the Atlanta
follow the normal notice and comment
■ By removing the current airport name VORTAC 218° radial; excluding that airspace
procedures. clockwise between the Atlanta VORTAC 323°
and reference point, and Area F and
Good Cause for Early Effective Date and 031° radials north of a line 12 miles
Area G descriptions, and substituting
north of and parallel to the Runway 08L/26R
Under 5 U.S.C. 553(d), publication of the following: localizer courses, and that airspace contained
a substantive rule shall be made not less Paragraph 3000 Class B Airspace. in Areas A, B, C, and D.
than 30 days before its effective date, * * * * *
* * * * *
except as otherwise provided by the
agency for good cause found and ASO GA B Atlanta, GA [Amended] Issued in Washington, DC, on October 10,
published with the rule. The FAA is Hartsfield-Jackson Atlanta International 2006.
issuing this rule with an effective date Airport (Primary Airport) Edith V. Parish,
of October 26, 2006, which is less than (Lat. 33°38′12″ N., long. 84°25′41″ W.) Manager, Airspace and Rules.
30 days after publication. The FAA * * * * * BILLING CODE 4910–13–P
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[FR Doc. 06–8688 Filed 10–12–06; 8:45 am]


BILLING CODE 4910–13–C
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ER12OC06.016</GPH>

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