Unknown. Final rule; correction

10,716 words·~49 min read·/register/2006/10/13/06-8688

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2006-10-13.xml --- 71 198 Friday, October 13, 2006 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Federal Crop Insurance Corporation See Food Safety and Inspection Service See Forest Service See Rural Business-Cooperative Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 60461 E6-16942 Animal Animal and Plant Health Inspection Service NOTICES Uruguay Round Agreements Act:

International sanitary and phytosanitary standard-setting activities, 60461-60468 E6-17025 Army Army Department NOTICES Environmental statements; availability, etc.: Fort Carson, CO; restationing of troops; construction of facilities; maneuver training land use, 60481-60482 06-8640 Fort Carson, CO; training of additional soldiers; construction of facilities; maneuver training land use, 60482 06-8641 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Energy Employees Occupational Illness Compensation Program Act of 2000:

Special Exposure Cohort; employee class designations— Oak Ridge Y-12 Plant, Oak Ridge, TN; correction, 60609 C6-7971 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 60532-60533 E6-17035 Privacy Act; systems of records, 60533-60544 E6-16951 E6-16954 E6-16955 Coast Guard Coast Guard NOTICES Reports and guidance documents; availability, etc.: National Pollution Funds Center; Marine Casualty Investigative Report claims process, 60553-60554 E6-17042 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 60472-60473 E6-16991 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 60470-60472 E6-17024 E6-17029 Commodity Commodity Credit Corporation RULES Loan and purchase programs:

Cotton marketing assistance loan collateral; storage, handling, and ginning requirements Correction, 60413 E6-16944 Commodity Commodity Futures Trading Commission PROPOSED RULES Commodity pool operators and commodity trading advisers: Electronic filing and notices of exemption and exclusion, 60454-60460 E6-16947 Defense Defense Department See Army Department See Defense Logistics Agency Defense Defense Logistics Agency NOTICES Senior Executive Service Combined Performance Review Board; membership, 60483 06-8661 Drug Drug Enforcement Administration RULES Combat Methamphetamine Epidemic Act of 2005:

Scheduled listed chemical products; retail sales requirements; correction, 60609 C6-8194 Schedules of controlled substances: Stanozolol, etc.; Schedule III technical corrections, 60426-60427 E6-16992 NOTICES Registration revocations, restrictions, denials, reinstatements: T. Young Associates, Inc., 60567-60573 06-8193 Economic Economic Development Administration NOTICES Senior Executive Service Performance Review Board; membership, 60473 E6-17050 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-16999 60483-60484 E6-17000 Environmental statements; notice of intent:

Yucca Mountain, NV; geologic repository; Caliente rail line; alignment, construction, and operation, 60484-60490 06-8675 Yucca Mountain, NV; spent nuclear fuel and high-level radioactive waste disposal; geologic repository, 60490-60494 06-8676 EPA Environmental Protection Agency RULES Air quality implementation plans: Preparation, adoption, and submittal— 8-hour ozone national ambient air quality standards, 60429-60435 E6-17012 Regional haze standards; best available retrofit technology determinations; implementation guidelines, 60612-60634 06-8630 NOTICES Environmental statements; availability, etc.:

Agency comment availability, 60508-60509 E6-17014 Agency weekly receipts, 60509 E6-17013 Meetings: Association of American Pesticide Control Officials/State FIFRA Issues Research Evaluation Group, 60509-60510 E6-16910 Pesticide Program Dialogue Committee, 60510-60511 E6-16913 Pesticide, food, and feed additive petitions: E.I. du Pont de Nemours & Co., Inc., 60512-60514 E6-17010 Pesticide registration, cancellation, etc.: Carbaryl, 60511-60512 E6-16905 Reports and guidance documents; availability, etc.:

Health risks of environmental exposures to children; framework for assessing, 60514 E6-16911 Toxic and hazardous substances control: New chemicals; receipt and status information, 60514-60520 E6-16909 E6-16915 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Air traffic operating and flight rules, etc.: Chicago O'Hare International Airport, IL; congestion and delay reduction, 60424-60426 06-8651 Airworthiness directives:

Cirris Design Corp., 60414-60417 E6-16741 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 60417-60419 E6-16895 Class B airspace, 60419-60423 06-8688 PROPOSED RULES Airworthiness directives: Airbus, 60444-60446 E6-17006 Bombardier, 60450-60454 E6-17005 McDonnell Douglas, 60446-60450 E6-17003 E6-17004 Meetings: Charter Bus Negotiated Rulemaking Advisory Committee, 60460 E6-16939 NOTICES Airports: Chicago O'Hare International Airport, IL; operating limitations, 60600-60603 06-8658 Committees; establishment, renewal, termination, etc.:

National Parks Overflights Advisory Group Aviation Rulemaking Committee; membership, 60603 E6-17030 Meetings: RTCA, Inc., 60604 06-8666 Federal Crop Federal Crop Insurance Corporation PROPOSED RULES Crop insurance regulations: Florida citrus fruit crop insurance provisions, 60439-60444 E6-16635 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 60520 06-8679 Federal Emergency Federal Emergency Management Agency RULES National Flood Insurance Program:

Flood insurance claims; appeals process, 60435-60438 E6-17028 NOTICES Disaster and emergency areas: Various States, 60554 E6-17027 Privacy Act; systems of records, 60554-60557 E6-16671 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 60503-60505 E6-16967 Environmental statements; availability, etc.: Northern Indiana Public Service Co., 60505 E6-16962 PacifiCorp, 60505 E6-16974 Hydroelectric applications, 60505-60506 E6-16975 Meetings:

Cranberry Pipeline Corp.; technical conference, 60506 E6-16963 Energy Policy Act of 2005; transparency provisions; technical conference, 60506-60508 E6-16966 Public Utility Holding Company Act of 1935 repeal and Public Utility Holding Company Act of 2005 enactment; technical conference, 60508 E6-16960 *Applications, hearings, determinations, etc.:* Alliance Pipeline L.P., 60494 E6-16976 CenterPoint Energy Gas Transmission Co., 60494-60495 E6-16984 Colorado Interstate Gas Co., 60495 E6-16979 Columbia Gas Transmission Corp., 60495-60496 E6-16987 Covanta Delaware Valley, L.P., 60496 E6-16961 Dominion Transmission, Inc., E6-16980 60496-60497 E6-16981 Duquesne Light Co., 60497 E6-16971 El Paso Natural Gas Co., 60497 E6-16965 Empire State Pipeline, et al., 60497-60498 E6-16970 Enbridge Pipeline (NE Texas Liquids) L.P., 60498 E6-16973 Gas Transmission Northwest Corp., 60498-60499 E6-16968 Gulf South Pipeline Co., LP, 60499 E6-16959 Kinder Morgan Border Pipeline, L.P., 60499 E6-16964 National Fuel Gas Supply Corp., 60499-60500 E6-16983 Northern Natural Gas Co., 60500 E6-16985 Paiute Pipeline Co., 60500 E6-16982 Somerset Gas Gathering of Pennsylvania, L.L.C., 60501 E6-16969 TransColorado Gas Transmission Co., 60501-60502 E6-16986 Transcontinental Gas Pipe Line Corp., 60502 E6-16977 Williams Power Co., Inc., 60502 E6-16972 Wyoming Interstate Co., Ltd., 60502-60503 E6-16978 Federal Highway Federal Highway Administration NOTICES Environmental statements; availability, etc.:

Polk County, IA, 60604-60605 E6-17015 Federal Housing Federal Housing Finance Board NOTICES Federal home loan bank system: Community support review; members selected for review; list, 60520-60529 E6-16732 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings: Medical Review Board, 60605-60606 E6-17031 Motor carrier safety standards: Driver qualifications; epilepsy and seizure disorders exemptions, 60606-60607 E6-17032 Federal Register Federal Register, Administrative Committee See Federal Register Office Federal Register Federal Register Office NOTICES American Institute in Taiwan and Taipei Economic and Cultural Representative Office in United States; agreements list availability, 60579-60582 06-8665 FTC Federal Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 60530-60531 E6-17091 Fish Fish and Wildlife Service NOTICES Endangered and threatened species:

American peregrine falcon; post-delisting monitoring plan; availability, 60563 E6-17009 Endangered and threatened species permit applications, determinations, etc., 60561-60563 E6-17026 Endangered species and marine mammal permit applications, determinations, etc., E6-17016 60564 E6-17018 Marine mammal permit applications, determinations, etc., 60564-60565 E6-17019 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 60545 E6-16953 Food Food Safety and Inspection Service NOTICES Committees; establishment, renewal, termination, etc.:

Microbiological Criteria for Foods National Advisory Committee, 60468-60469 E6-17036 Forest Forest Service NOTICES Meetings: Southwest Washington Province Advisory Committee, 60469 06-8659 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Indian Health Service See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 60558-60561 E6-16860 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.: Tribal Self-Governance Program, 60545-60552 06-8642 06-8643 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International International Trade Administration NOTICES Antidumping:

Corrosion-resistant carbon steel flat products from— Germany, 60473-60475 E6-16945 Ferrovanadium and nitrided vanadium from— Russia, 60475-60476 E6-16943 Polyester staple fiber from— Taiwan, 60476-60478 E6-16946 Justice Justice Department See Drug Enforcement Administration Land Land Management Bureau NOTICES Environmental statements; record of decision: Sloan Canyon National Conservation Area, CO; resource management plan, 60565 E6-16938 Meetings: Resource Advisory Councils— Front Range, 60566 E6-17002 Idaho Falls District, 60565-60566 E6-17001 Twin Falls District, 60566 E6-17008 Realty actions; sales, leases, etc.:

Wyoming; correction, 60566 E6-16936 Legal Legal Services Corporation NOTICES Grants and cooperative agreements; availability, etc.: Civil legal services to low-income clients; various States, 60573-60579 06-8654 National Archives National Archives and Records Administration See Federal Register Office National Institute National Institute of Standards and Technology NOTICES National Fire Codes: Fire safety codes and standards, 60478-60479 E6-17023 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 60552-60553 06-8653 NOAA National Oceanic and Atmospheric Administration NOTICES Meetings:

Pacific Fishery Management Council, 60479-60480 E6-16988 National Security Space Office; positioning, navigation, and timing commercial sources; information request, 60480-60481 E6-17021 Nuclear Nuclear Regulatory Commission NOTICES Domestic licensing proceedings and issuance of orders: Radioactive material quantities of concern; safeguards information protection requirements, 60583-60587 E6-16995 Safeguards Information access; fingerprinting and criminal history check requirements, 60587-60590 E6-16996 *Applications, hearings, determinations, etc.:* System Energy Resources, Inc., 60583 E6-16997 Pension Pension Benefit Guaranty Corporation RULES Single-employer plans:

Allocation of assets— Benefits payable in terminated plans; interest assumptions for valuing and paying benefits, 60428-60429 E6-16958 NOTICES Single employer plans: Interest rates and assumptions, 60590-60591 E6-16957 Presidential Presidential Documents PROCLAMATIONS Trade: Rules of origin; modification under North American Free Trade Agreement (Proc. 8067), 60649-60655 06-8715 *Special observances:* General Pulaski Memorial Day (Proc. 8066), 60645-60648 06-8714 Rural Rural Business-Cooperative Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 60469-60470 E6-16940 E6-16941 SEC Securities and Exchange Commission PROPOSED RULES Securities:

Broker-dealers; net capital rule, debt agreements and financial responsibility, 60636-60644 E6-16956 NOTICES Self-regulatory organizations; proposed rule changes: Fixed Income Clearing Corp., 60591-60592 E6-16950 International Securities Exchange, LLC, 60593-60594 06-8646 NYSE Arca, Inc., 60594-60599 E6-16952 Options Clearing Corp., 60599-60600 E6-16948 State State Department NOTICES Meetings: Arms Control and Nonproliferation Advisory Board, 60600 E6-17022 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

BNSF Railway Co., 60607-60608 E6-16949 E6-16989 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Surface Transportation Board NOTICES Aviation proceedings: Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 60600 E6-16993 MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 60557-60558 E6-17020 Veterans Veterans Affairs Department NOTICES Meetings:

Women Veterans Advisory Committee, 60608 06-8647 Separate Parts In This Issue Part II Environmental Protection Agency, 60612-60634 06-8630 Part III Securities and Exchange Commission, 60636-60644 E6-16956 Part IV Executive Office of the President, Presidential Documents, 60645-60655 06-8714 06-8715 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 71 198 Friday, October 13, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Parts 1421 and 1427 RIN 0560-AH38 and RIN 0560-AH48 Grains and Similarly Handled Commodities-Marketing Assistance Loans and Loan Deficiency Payments for the 2006 Through 2007 Crop Years;

Cotton Storage, Handling, and Ginning Requirements for Cotton Marketing Assistance Loan Collateral AGENCY: Commodity Credit Corporation, USDA. ACTION: Final rule; correction. SUMMARY: This document corrects changes made by final rules published on June 6, 2006, and August 30, 2006, amending the regulations for the Marketing Assistance Loan

(MAL)and Loan Deficiency Payment

(LDP)Program of the Commodity Credit Corporation (CCC). A correction is needed because the final rule of June 6 erroneously deleted provisions required by Cotton Marketing Cooperative Associations and an amendatory instruction in the August 30, 2006 rule, intended to correct that error, inadvertently amended the wrong sections of the regulations. DATES: *Effective Date:* June 6, 2006. FOR FURTHER INFORMATION CONTACT: Phillip Elder, Regulatory Review Group, Economic and Policy Analysis Staff, Farm Service Agency (FSA), United States Department of Agriculture (USDA), Stop 0572, 1400 Independence Ave., SW., Washington, DC 20250-0572. Telephone:

(202)690-8104; e-mail: *Phillip.Elder@wdc.usda.gov.* Persons with disabilities who require alternative means for communication (Braille, large print, audio tape, *etc.* ) should contact the USDA Target Center at

(202)720-2600 (voice and TDD). SUPPLEMENTARY INFORMATION: Background This rule corrects the final rule published in the **Federal Register** on June 6, 2006 (71 FR 32415) that amended the regulations governing the Marketing Assistance Loan

(MAL)and Loan Deficiency Payment

(LDP)Program of the Commodity Credit Corporation (CCC). The final rule, among other things, revised section 1427.5 of 7 CFR part 1427 and, in doing so, removed the provisions formerly contained in section 1427.5(e)(3) regarding beneficial interest in cotton used as collateral for a marketing assistance loan as it relates to loans made available to cotton producers through Cooperative Marketing Associations. An attempt was made to correct this error in the CCC final rule published on August 30, 2006 by adding provisions dealing with beneficial interest into 7 CFR part 1421 as section 1421.6(j). However, the correction was supposed to have been made in part 1427, which governs marketing assistance loans for cotton, since part 1421 applies only to grains and similar commodities, not cotton. Further, the new section 1421.6(j) is redundant and simply repeats, verbatim, section 1421.6(f). This document corrects the regulatory text that was amended erroneously and makes the correct revision. List of Subjects in 7 CFR Part 1421 Agricultural commodities, Feed grains, Grains, Loan programs—agriculture, Oilseeds, Price support programs, Reporting and recordkeeping requirements. Part 1427 Agricultural commodities, Cotton, Loan programs—agriculture, Price support programs, Reporting and recordkeeping requirements. For this reason, 7 CFR part 1421 is amended as follows: PART 1421—GRAINS AND SIMILARLY HANDLED COMMODITIES—MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY PAYMENTS FOR THE 2002 THROUGH 2007 CROP YEARS 1. The authority citation for part 1421 continues to read as follows: Authority: 7 U.S.C. 7231-7237 and 7931 *et seq.* ; 15 U.S.C. 714b and 714c. Subpart A—General § 1421.6 [Amended] 2. Amend § 1421.6 by removing paragraph (j). PART 1427—COTTON 3. The authority citation for part 1427 continues to read as follows: Authority: 7 U.S.C. 7231-7237 and 7931-7939; and 15 U.S.C. 714b and 714c. Subpart A—Nonrecourse Cotton Loan and Loan Deficiency Payments 4. Amend section 1427.5 by adding paragraph

(o)to read as follows:

(o)If marketing assistance loans or loan deficiency payments are made available to producers through a CMA under part 1425 of this chapter, the beneficial interest in the cotton must always have been held by the producer-member who delivered the cotton to the CMA or its member, except as otherwise provided in this section. Cotton delivered to such a CMA shall not be eligible to receive a marketing assistance loan or a loan deficiency payment if the producer-member who delivered the cotton does not retain the right to share in the proceeds from the marketing of the cotton as provided in part 1425 of this chapter. Signed in Washington, DC, on October 6, 2006. Teresa C. Lasseter, Executive Vice President, Commodity Credit Corporation. [FR Doc. E6-16944 Filed 10-12-06; 8:45 am] BILLING CODE 3410-05-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24010; Directorate Identifier 2006-CE-14-AD; Amendment 39-14787; AD 2006-21-03] RIN 2120-AA64 Airworthiness Directives; Cirrus Design Corporation Models SR20 and SR22 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: The FAA adopts a new airworthiness directive

(AD)for certain Cirrus Design Corporation

(CDC)Models SR20 and SR22 airplanes. This AD requires you to check the maintenance records to determine whether the brake caliper piston O-ring seals were replaced at the last annual or 100-hour inspection. If the O-rings were not replaced, this AD requires you to replace the O-ring seals with new seals or replace brake calipers. This AD also requires you to modify the main landing gear wheel fairings to add temperature indicator sticker inspection holes, trim the wheel fairings to prevent them from holding fluids, install temperature indicator stickers on the brake calipers, and insert Revision A6 (with revised preflight walk-around, a limitation on the engine speed used to taxi, and brake inspection/servicing intervals) into the Pilot's Operating Handbook (POH). This AD results from several reports of airplanes experiencing brake fires and two airplanes losing directional control. We are issuing this AD to detect, correct, and prevent overheating damage to the brake caliper piston O-ring seals, which could result in leakage of brake hydraulic fluid. Consequently, this could lead to the loss of braking with loss of airplane directional control or brake fire. DATES: This AD becomes effective on November 17, 2006. As of November 17, 2006, the Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulation. ADDRESSES: To get the service information identified in this AD, contact Cirrus Design Corporation, 4515 Taylor Circle, Duluth, Minnesota 55811; telephone:

(218)727-2737 or on the Internet at *http://www.cirrusdesign.com* . To view the AD docket, go to the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001 or on the Internet at *http://dms.dot.gov* . The docket number is Docket No. FAA-2006-24010; Directorate Identifier 2006-CE-14-AD. FOR FURTHER INFORMATION CONTACT: Wess Rouse, Aerospace Engineer, ACE-117C, Chicago Aircraft Certification Office, 2300 East Devon Avenue, Room 107, Des Plaines, Illinois 60018; telephone:

(847)294-8113; facsimile:

(847)294-7834. SUPPLEMENTARY INFORMATION: Discussion On May 1, 2006, we issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to certain CDC Models SR20 and SR22 airplanes. This proposal was published in the **Federal Register** as a notice of proposed rulemaking

(NPRM)on May 8, 2006 (71 FR 26707). The NPRM proposed to require you to check the maintenance records to determine whether the brake caliper piston O-ring seals were replaced at the last annual or 100-hour inspection. If the O-rings were not replaced, this proposed AD would require you to replace the O-ring seals with new seals or replace brake calipers. This proposed AD would also require you to modify the main landing gear wheel fairings to add temperature indicator sticker inspection holes, trim the wheel fairings to prevent them from holding fluids, install temperature indicator stickers on the brake calipers, and insert Revision A6 (with revised preflight walk-around and taxi procedures) into the Pilot's Operating Handbook (POH). Comments We provided the public the opportunity to participate in developing this AD. The following presents the comment received on the proposal and FAA's response to the comment: Comment Issue: Increase Emphasis on the Operational Aspects of Overheating of the Brakes CDC points out that the brakes, as delivered, meet certification requirements, and when properly used, will provide the expected performance and service. We conclude that CDC believes that the AD overemphasizes the required maintenance actions and hardware upgrades, without explaining the operational details that will prevent brake caliper O-ring damage. Our intent is that the AD stress continued operational safety by removing and replacing potentially damaged O-rings or replacement of existing brake calipers with new heavier duty calipers (with new O-rings installed), adding brake caliper temperature stickers with a new inspection hole in the wheel fairings (to detect potential O-ring damage before brake fluid leaks develop), and adding a revision to the Pilot's Operating Handbook (to emphasize brake preflight inspections, checking the color of the brake caliper temperature sticker for evidence of brake caliper overheating, and limiting the engine RPM during taxi to 1000 RPM). We agree that the operational change to limit engine RPM during taxi (found in Revision A6 to the POH) is the most important consideration toward preventing brake caliper O-ring seal damage. This AD is requiring this action so we are not changing the AD as a result of this comment. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial corrections. We have determined that these minor corrections: • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. Costs of Compliance We estimate that this AD affects 2,135 airplanes in the U.S. registry. We estimate the following costs to do the check of maintenance records to determine whether the brake caliper piston O-ring seals were replaced at the last annual or 100-hour inspection: Labor cost Parts cost Total cost per airplane Total cost on U.S. operators 1 work-hour × $80 = $80 Not Applicable $80 $170,800 We estimate the following costs to install any necessary O-ring seals that would be required based on the results of this check of maintenance records. We have no way of determining the number of airplanes that may need this seal installation: Labor cost Parts cost Total cost per airplane 4 work-hours × $80 = $320 $8 $328 We estimate the following costs to replace any brake calipers on Model SR20 airplanes, serial numbers (S/Ns) 1005 through 1194, that would be required based on the results of this check of maintenance records. We have no way of determining the number of these Model SR20 airplanes that may need to replace brake calipers: Labor cost Parts cost Total cost per airplane 12 work-hours × $80 = $960 $1,167 $2,127 We estimate the following costs to replace any brake calipers on Model SR20 airplanes, S/Ns 1195 through 1600, that would be required based on the results of this check of maintenance records. We have no way of determining the number of these Model SR20 airplanes that may need to replace brake calipers: Labor cost Parts cost Total cost per airplane 8 work-hours × $80 = $640 $1,167 $1,807 We estimate the following costs to replace any brake calipers on Model SR22 airplanes that would be required based on the results of this check of maintenance records. We have no way of determining the number of Model SR22 airplanes that may need to replace brake calipers: Labor cost Parts cost Total cost per airplane 5 work-hours × $80 = $400 $845 $1,245 We estimate the following costs to do the modification of the MLG wheel fairings to add the temperature indicator sticker inspection holes, trim the wheel fairings to prevent them from holding fluids, and install the temperature indicator sticker on the brake calipers: Labor cost Parts cost Total cost per airplane Total cost on U.S. operators 2 work-hours × $80 = $160 $2 $162 $345,870 The CDC has indicated that CDC will provide warranty credit as stated in the service information for modifying the MLG wheel fairings by adding the temperature indicator sticker inspection holes, trimming the wheel fairings to prevent them from holding fluids, and installing the temperature indicator sticker on the brake calipers. We estimate the following costs to do the insertion of Revision A6 into the POH: Labor cost Parts cost Total cost per airplane Total cost on U.S. operators 1 work-hour × $80 Not Applicable $80 $170,800 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this AD. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect 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. For the reasons discussed above, I certify that this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD (and other information as included in the Regulatory Evaluation) and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES . Include “Docket No. FAA-2006-24010; Directorate Identifier 2006-CE-14-AD” in your request. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. FAA amends § 39.13 by adding a new AD to read as follows: **2006-21-03 Cirrus Design Corporation:** Amendment 39-14787; Docket No. Docket No. FAA-2006-24010; Directorate Identifier 2006-CE-14-AD. Effective Date

(a)This AD becomes effective on November 17, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to the following airplane models and serial numbers (S/N) that are certificated in any category:

(1)Group 1: Model SR20 Airplanes, S/N 1005 through 1600.

(2)Group 2: Model SR22 Airplanes, S/N 0002 through 1739.

(3)Group 3: Model SR20 Airplanes, S/N 1005 through 1592.

(4)Group 4: Model SR22 Airplanes, S/N 0002 through 1727. Unsafe Condition

(d)This AD results from several reports of airplanes that experienced brake fires and two airplanes that lost directional control. The actions specified in this AD are intended to detect, correct, and prevent overheating damage to the brake caliper piston O-ring seals, which could result in leakage of brake hydraulic fluid. Consequently, this could lead to the loss of braking with loss of airplane directional control or brake fire. Compliance

(e)To address this problem, you must do the following: Table 1.—Actions/Compliance/Procedures Actions Compliance Procedures

(1)*For Group 1 and Group 2 airplanes:* Check the maintenance records to determine whether the brake caliper piston O-ring seals were replaced at the last annual or 100-hour inspection. Within 50 hours time-in-service

(TIS)after November 17, 2006 (the effective date of this AD), unless already done No special procedures necessary to check the maintenance records. The owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) may make this check. You must make an entry into the airplane records that shows compliance with this portion of the AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).

(2)*For Group 1 and Group 2 airplanes:* If you find as a result of the check required by paragraph (e)(1) of this AD that there is no record of the replacement of brake caliper piston O-ring seals at the last annual or 100-hour inspection, then do the following:

(i)Replace the O-ring seals with new O-ring seals or

(ii)Replace old brake calipers with new brake calipers. Before further flight after the check required by paragraph (e)(1) of this AD For the replacement, follow the brake maintenance procedures in Section 32-42 of the SR20 or SR22 Aircraft Maintenance Manual. For the replacement of the new brake calipers, follow Cirrus Design Corporation Service Bulletin SB 2X-32-13 R1, Issued: December 15, 2005, Revised May 16, 2006.

(3)*For Group 3 and Group 4 airplanes:*

(i)Modify the main landing gear

(MLG)wheel fairings to add temperature indicator sticker inspection holes and trim the wheel fairings to prevent them from holding fluids; and

(ii)Install a temperature indicator sticker on the brake calipers. Do the modification within 50 hours TIS after November 17, 2006 (the effective date of this AD), unless already done. Do the temperature indicator sticker installation within 50 hours TIS after November 17, 2006 (the effective date of this AD), unless already done, and thereafter before further flight anytime you have the O-ring seals replaced due to overheating of the brake assembly (temperature indicator sticker turned black) Follow Cirrus Design Corporation Service Bulletin SB 2X-32-14 R1, Issued: January 18, 2006, Revised: February 17, 2006.

(4)*For all airplanes:* Insert the appropriate Revision A6 part number (P/N) into the Pilot's Operating Handbook (POH), as presented in TABLE 2.—REVISION A6 TO THE PILOT'S OPERATING HANDBOOK, in paragraph

(f)of this AD. Within 50 hours TIS after November 17, 2006 (the effective date of this AD), unless already done The owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) may insert the information into the POH as specified in paragraph (e)(4) of this AD. Make an entry into the airplane maintenance records showing compliance with this portion of the AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).

(5)*For Group 3 and Group 4 airplanes:*

(i)Do not install any MLG fairings without also doing the modifications required by paragraph (e)(3)(i) of this AD; and

(ii)Do not replace any brake calipers without also installing the temperature indicator sticker required by paragraph (e)(3)(ii) of this AD. As of November 17, 2006 (the effective date of this AD) Follow Cirrus Design Corporation Service Bulletin SB 2X-32-14 R1, Issued: January 18, 2006, Revised: February 17, 2006.

(f)The following table specifies the POH Revision A6 part number as required in paragraph (e)(4) of this AD: Table 2.—Revision A6 to the Pilot's Operating Handbook Affected airplanes Model SR20 or SR22 airplane POH P/N Date FAA-approved

(1)Model SR20, S/N 1148 through 1267 11934-002 January 18, 2006.

(2)Model SR20, S/N 1005 through 1147 that have the 3,000-pound gross weight modification following Cirrus Design Corporation Service Bulletin SB 20-01-00, Issued: February 25, 2003 11934-002 January 18, 2006.

(3)SR20, S/N 1268 through 1739 11934-003 January 18, 2006.

(4)SR22, S/N 002 through 1739 13772-001 January 18, 2006. Alternative Methods of Compliance (AMOCs)

(g)The Manager, Chicago Aircraft Certification Office (ACO), ATTN: Wess Rouse, Aerospace Engineer, FAA, ACE-117C, Chicago ACO, 2300 East Devon Avenue, Room 107, Des Plaines, Illinois 60018; telephone:

(847)294-8113; facsimile:

(847)294-7834, has the authority to approve alternative methods of compliance for this AD, if requested using the procedures found in 14 CFR 39.19. Material Incorporated by Reference

(h)You must do the actions required by this AD following the instructions in Cirrus Design Corporation Service Bulletin SB 2X-32-13 R1, Issued: December 15, 2005, Revised May 16, 2006; and Cirrus Design Corporation Service Bulletin SB 2X-32-14 R1, Issued: January 18, 2006, Revised: February 17, 2006. The Director of the Federal Register approved the incorporation by reference of this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of this service information, contact Cirrus Design Corporation, 4515 Taylor Circle, Duluth, Minnesota 55811; telephone:

(218)727-2737 or on the Internet at *www.cirrusdesign.com.* To review copies of this service information, go to the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* or call

(202)741-6030. To view the AD docket, go to the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001 or on the Internet at *http://dms.dot.gov.* The docket number is Docket No. FAA-2006-24010; Directorate Identifier 2006-CE-14-AD. Issued in Kansas City, Missouri, on October 3, 2006. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-16741 Filed 10-12-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2004-NM-36-AD; Amendment 39-14788; AD 2006-21-04] RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ and EMB-145XR Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment adopts a new airworthiness directive (AD), applicable to certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ and Model EMB-145XR airplanes. This AD requires, for all airplanes, installation of an additional indication device to the clear-ice indication system. For certain airplanes, this AD requires replacing the existing clear-ice indication lamp with a new, improved lamp. For certain other airplanes, this AD also requires modifying certain electrical connections to add an indication device to the clear-ice indication system, removing a certain placard, and re-activating the clear-ice additional indicator lamp. The actions specified by this AD are intended to prevent undetected build-up of clear ice on the wing surfaces, which could lead to reduced controllability of the airplane. This action is intended to address the identified unsafe condition. DATES: Effective November 17, 2006. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of November 17, 2006. ADDRESSES: The service information referenced in this AD may be obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil. This information may be examined at the Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1175; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive

(AD)that is applicable to certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ and Model EMB-145XR airplanes was published as a supplemental notice of proposed rulemaking

(NPRM)in the **Federal Register** on May 26, 2006 (71 FR 30335). That action proposed to require, for all airplanes, installation of an additional indication device to the clear-ice indication system. For certain airplanes, that action also proposed to require replacing the existing clear-ice indication lamp with a new, improved lamp. For certain other airplanes, that action also proposed to require modifying certain electrical connections to add an indication device to the clear-ice indication system, removing a certain placard, and re-activating the clear-ice additional indicator lamp. That action also proposed to add airplanes to the applicability of an earlier supplemental NPRM. Comments Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received. Request To Withdraw the Second Supplemental NPRM ExpressJet requests that we withdraw the second supplemental NPRM. ExpressJet states that it is the only U.S. operator of these airplanes, and that it has accomplished all the actions specified in the service bulletins. ExpressJet also explains that any future airplanes of this type will be equipped in production, so there is no reason to include this type of airplane in the final rule. We do not agree with ExpressJet's request to withdraw the second supplemental NPRM. EMBRAER has advised us that not all of the affected airplanes worldwide have been modified; therefore, it is possible that an unmodified airplane could be imported to the U.S. in the future. Even if the current U.S.-registered fleet is in compliance with all of the proposed requirements, issuing the AD will ensure that the imported airplane is modified before it is permitted to operate in the U.S. We have not changed the AD in this regard. Conclusion We have carefully reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD as proposed. Cost Impact The FAA estimates that about 49 airplanes of U.S. registry are affected by this AD. The average labor rate is $80 per work hour. For 41 Model EMB-145XR airplanes, it will take 16 work hours per airplane to accomplish the actions. Required parts cost between $242 and $817 per airplane. Based on these figures, the cost impact of this AD on U.S. operators of Model EMB-145XR airplanes is estimated to be between $62,402 and $85,977, or between $1,522 and $2,097 per airplane. For 8 Model EMB-135BJ airplanes, it will take 16 work hours per airplane to accomplish the actions. Required parts will cost between $240 and $820 per airplane. Based on these figures, the cost impact of this AD on U.S. operators of Model EMB-135BJ airplanes is estimated to be between $12,160 and $16,800, or between $1,520 and $2,100 per airplane. The cost impact figures discussed above are based on assumptions that no operator has yet accomplished any of the requirements of this AD action, and that no operator would accomplish those actions in the future if this AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Impact The regulations adopted herein will not have a substantial direct effect 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 does not have federalism implications under Executive Order 13132. For the reasons discussed above, I certify that this action

(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)will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. Section 39.13 is amended by adding the following new airworthiness directive: **2006-21-04 Empresa Brasileira De Aeronautica S.A.** (EMBRAER): Amendment 39-14788. Docket 2004-NM-36-AD. *Applicability:* Model EMB-145XR airplanes, as listed in EMBRAER Service Bulletin 145-30-0035, Revision 03, dated March 8, 2005; and Model EMB-135BJ airplanes, as listed in EMBRAER Service Bulletin 145LEG-30-0002, Revision 01, dated January 4, 2005; certificated in any category. *Compliance:* Required as indicated, unless accomplished previously. To prevent undetected build-up of clear ice on the wing surfaces, which could lead to reduced controllability of the airplane, accomplish the following: Modification of Clear-Ice Indication System

(a)For Model EMB-145XR airplanes: Within 24 months or 5,000 flight hours after the effective date of this AD, whichever comes first, perform the actions specified in paragraphs (a)(1) and (a)(2) of this AD, as applicable, in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 145-30-0035, Revision 03, dated March 8, 2005.

(1)Install complete electrical connections and provisions to add an additional indication device to the clear-ice indication system, as specified in Part I of the Accomplishment Instructions of the service bulletin.

(2)Replace the existing clear-ice indication lamp with a new lamp having a new part number, as specified in Part II of the Accomplishment Instructions of the service bulletin.

(b)For Model EMB-135BJ airplanes: Within 24 months or 5,000 flight hours after the effective date of this AD, whichever comes first, perform the actions in paragraphs (b)(1), (b)(2), (b)(3), and (b)(4) of this AD, as applicable, in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 145LEG-30-0002, Revision 01, dated January 4, 2005.

(2)Modify the electrical connections of factory-provisioned airplanes to add an additional indication device to the clear-ice indication system, as specified in Part II of the Accomplishment Instructions of the service bulletin.

(3)Remove the “Clear-Ice Inoperative” placard and reactivate the clear-ice additional indicator lamp, as specified in Part III of the Accomplishment Instructions of the service bulletin.

(4)Replace the existing clear-ice indicator lamp with a new, improved lamp having a new part number, as specified in Part IV or V of the Accomplishment Instructions of the service bulletin. Actions Accomplished Per Previous Issues of Service Bulletins

(c)Actions accomplished before the effective date of this AD in accordance with EMBRAER Service Bulletin 145-30-0035, Revision 02, dated January 6, 2005, are considered acceptable for compliance with the corresponding actions specified in this AD. Alternative Methods of Compliance (d)(1) In accordance with 14 CFR 39.19, the Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate, is authorized to approve alternative methods of compliance for this AD.

(2)Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Note 1: The subject of this AD is addressed in Brazilian airworthiness directive 2004-01-01, effective January 27, 2004. Incorporation by Reference

(e)Unless otherwise specified in this AD, the actions must be done in accordance with EMBRAER Service Bulletin 145-30-0035, Revision 03, dated March 8, 2005; or EMBRAER Service Bulletin 145LEG-30-0002, Revision 01, dated January 4, 2005; as applicable. This incorporation by reference was approved by the Director of the **Federal Register** in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get copies of this service information, contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil. To inspect copies of this service information, go to the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or to the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call

(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* Effective Date

(f)This amendment becomes effective on November 17, 2006. Issued in Renton, Washington, on October 4, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-16895 Filed 10-12-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-25831; Airspace Docket No. 06-AWA-1] RIN 2120-AA66 Modification of the Class B Airspace Area; Atlanta, GA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: This action makes minor modifications to the floor of the Atlanta, GA, Class B airspace area in order to contain large, turbine-powered aircraft within Class B airspace during simultaneous triple instrument landing system (STILS) operations at the Hartsfield-Jackson Atlanta International Airport (ATL). In addition, this action makes two editorial changes to the Atlanta Class B airspace legal description. The FAA is taking this action to enhance safety and to prevent significant air traffic delays in the National Airspace System (NAS). DATES: Effective 0901 UTC, October 26, 2006. Comments must be received on or before November 27, 2006. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. ADDRESSES: Address your comments in triplicate to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590-0001. You must identify FAA Docket No. FAA-2006-25831 and Airspace Docket No. 06-AWA-1, at the beginning of your comments. You may also submit comments through the Internet at *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace and Rules, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone:

(202)267-8783. SUPPLEMENTARY INFORMATION: Comments Invited The FAA is adopting this final rule without prior notice and comment. The Regulatory Policies and Procedures of the Department of Transportation

(DOT)(44 FR 1134; February 26, 1979) provide that to the maximum extent possible, operating administrations for the DOT should provide an opportunity for public comment on regulations issued without prior notice. Accordingly, we invite interested persons to participate in this rulemaking by submitting such written date, views, or arguments, as they may desire. Communications should identify both docket numbers (FAA Docket No. FAA-2006-25831 and Airspace Docket No. 06-AWA-1) and be submitted in triplicate to the Docket Management System (see ADDRESSES section for address and phone number). You may also submit comments through the Internet at *http://dms.dot.gov.* Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to FAA Docket No. FAA-2006-25831 and Airspace Docket No. 06-AWA-1.” The postcard will be date/time stamped and returned to the commenter. Availability of Final Rule An electronic copy of this document may be downloaded through the Internet at *http://dms.dot.gov.* Recently published rulemaking documents can also be accessed through the FAA's Web page at *http://www.faa.gov* or the **Federal Register** 's Web page at *http://www.gpoaccess.gov/fr/index.html.* You may review the public docket containing the final rule and any comments received in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Background On May 27, 2006, a new runway (10/28) was commissioned at ATL. The new runway allowed the introduction of simultaneous triple arrival operations at Atlanta which led to a significant decrease in arrival delays at the airport. For example, arrival delays in June 2006 were 1,349 compared to 5,401 in June 2005 (Note: triple arrivals did not actually begin at Atlanta until June 8, 2006). In July 2006, arrival delays were 257 as opposed to 8,059 delays in July 2005. August 2006 recorded 323 delays versus 7,352 in August 2005. Additionally, since the start of triple arrival procedures, ground delay programs for aircraft destined to Atlanta decreased (from 42 in July/August 2005 to zero in July/August 2006), miles-in-trail restrictions were reduced for adjacent air route traffic control centers, and on-time performance for Atlanta's customers saw significant improvement. Initial modeling of the new procedures, conducted several years ago, indicated that STILS approaches could be accomplished within the confines of the current Class B airspace configuration. Further modeling, conducted in the fall of 2005, indicated that the volume of arrivals to the north runway (8L/26R) would have to be managed, but aircraft could still be contained within the confines of Class B airspace. However, after the actual implementation of STILS approaches in June 2006, it was found that when STILS approaches were conducted during those periods when both peak traffic volume and instrument flight rules

(IFR)weather conditions existed, aircraft on approach to Runway 8L/26R would exit and reenter Class B airspace when between 25 and 20 nautical miles

(NM)from the airport. Experience showed that, when STILS was in progress in IFR conditions and the traffic volume was running at the airport's maximum efficiency arrival rate, airspace constraints made it necessary for air traffic control to place the Runway 8L/26R arrivals at 5,000 feet MSL in order to provide proper separation from aircraft on approach to the center runway. An aircraft at 5,000 feet MSL on final approach to Runway 8L/26R will exit Class B airspace northeast or northwest of Atlanta (depending on the landing direction) when between 25 and 20 NM from the airport. This occurs because the floor of the existing Class B airspace is 6,000 feet MSL between 25 and 20 NM. At the 20 NM point, the Class B airspace floor drops to 3,500 feet MSL so arriving aircraft reenter Class B airspace at that point. With the current Class B airspace configuration, approximately 300-400 aircraft per day would leave and reenter Class B airspace when STILS operations are conducted during less than visual conditions. It is important to note that this situation exists primarily when simultaneous triple ILS approaches are conducted during peak arrival periods in less than visual weather conditions. Atlanta arrivals typically do not exit Class B airspace when visual approaches are being conducted to Runway 8L/26R. When visual approaches are in use during triple arrival operations, the Atlanta arrival rate is 134 aircraft per hour. The air traffic controller's options to resolve the above situation and retain all aircraft within Class B airspace are limited. Required procedures for vectoring aircraft to the final approach course and maintaining standard separation, along with the present Class B airspace design, all combine to present a very limited window of airspace for controllers to use when vectoring aircraft to intercept the ILS localizer course for Runway 8L/26R. Under these conditions, the arrival flow rate must be reduced to allow the controller to vector aircraft to this small turn-on area, maintain required separation from other arriving aircraft, and keep the aircraft within Class B airspace. For that reason, on August 30, 2006, the FAA elected to significantly reduce arrival rates when STILS operations are in use at Atlanta, during IFR conditions, to avoid having arrivals exit and reenter Class B airspace. The FAA took this step pending rulemaking action to modify the floor of the Atlanta Class B airspace area. It is acknowledged that this reduction in the arrival rate will require an expanded use of traffic management initiatives during the conditions discussed above. The reduction of Atlanta's arrival rate during STILS approaches has a significant impact on operations at Atlanta and on the National Airspace System (NAS). As discussed earlier, actual experience with the STILS operation demonstrated that it is not possible to contain all arrivals in the Atlanta Class B airspace and maintain the most efficient arrival rate. If the changes in this rule are not implemented, Atlanta will be unable to fully utilize STILS procedures during those traffic and weather conditions when it is most needed. In order to ensure Class B airspace containment, the arrival rate must be reduced by at least 20-25% during STILS operations. This drops the airport's arrival rate from 116 aircraft per hour, to a maximum of 96 per hour. When demand exceeds capacity, traffic management initiatives, such as extended miles-in-trail restrictions and ground stops or ground delay programs, must be used to reduce the ATL arrival flow. Normally, nine periods daily exceed the 96 aircraft per hour rate. Flights that can't be accommodated in the hour they are scheduled to arrive would roll over into subsequent hours creating additional delays throughout the day. These delays can easily number in the hundreds per day. The impact of delays at Atlanta quickly ripples throughout the entire NAS and affects traffic at airports nationwide. The impact on NAS efficiency, aircraft operators, and passengers is significant. For example, carriers that utilize the hub concept not only experience delays for Atlanta arrivals and departures, but also encounter disruption of schedule integrity for their entire national operations. Since ground stop or ground delay programs and other traffic management initiatives can lead to missed connections and expiration of crew duty times, operators often must cancel some flights to maintain overall schedule integrity. Ground and in-flight delays also impact operations through increased fuel consumption and the added expense of providing overnight accommodations for affected passengers. The flying public is adversely affected by the inability to get to their destinations on time resulting in missed connections, missed appointments, and added expenses. To correct the situation where arriving aircraft exit and reenter Class B airspace, and to maximize runway capacity, this rule lowers the existing floor of the Atlanta Class B airspace area from 6,000 feet MSL to 5,000 feet MSL within two small areas as described below. Lowering the Class B airspace floor to 5,000 feet MSL in these areas will provide controllers with a larger window to accomplish the turn-on phase and minimize the need to reduce the arrival rate during certain STILS operations. Impact of the Class B Modification on Other Airspace Users The FAA believes that lowering the floor of Class B airspace to 5,000 feet MSL, as described in this rule, will not adversely affect other airspace users in the Atlanta area. Presently, the airspace between 5,000 feet and 6,000 feet MSL, within the two sections concerned, includes east/west transitions for aircraft primarily departing and landing at DeKalb-Peachtree Airport, Fulton County Airport, Cobb County Airport, and Dobbins Air Reserve Base. The two airspace segments are not useful as north/south transition areas due to the adjacent Class B airspace to the south where the Class B floor is already at 4,000 feet MSL. No aerobatic practice areas or parachute drop areas are affected by the change. Very few visual flight rules

(VFR)aircraft presently conduct operations between 5,000 and 5,900 feet MSL in these areas due to the high volume of Atlanta arrival traffic that uses the airspace. A recently conducted 42-day random sampling (using the Performance Data Analysis and Reporting System) found that an average of 1.21 aircraft per day transitioned through the described area. In addition, the current Atlanta VFR Flyway Planning Chart provides multiple suggested routes and altitudes to help VFR pilots avoid major traffic flows and to avoid flight within Class B airspace (if desired) while transiting the Atlanta area. The changes in this rule will not impact the existing charted VFR flyways. Two of these flyways pass beneath the airspace in question, with the suggested altitudes of “below 4,000” on the west side, and “below 3,500 feet” on the east side. The current flyways still allow transiting VFR aircraft to remain well clear of the new 5,000 foot MSL Class B airspace floor. Outreach Efforts The issue of aircraft exiting Class B airspace was discussed at the April 24, 2006 Precision Runway Monitor Site Implementation Team meeting. This group consists of representatives from FAA, the three major users at Hartsfield-Jackson Atlanta International Airport, the Airline Pilots Association, and the Atlanta Department of Aviation. Additionally, this issue was briefed at the May 11, 2006 Capacity Enhancement Work Group meeting. This group consists of representatives from FAA, all Atlanta air carriers, the National Business Aviation Association, and the Atlanta Department of Aviation. The FAA also issued a Letter to Airmen discussing this issue on May 15, 2006. In conjunction with this rule, the FAA will reprint the Atlanta Sectional Aeronautical Chart and the Atlanta VFR Terminal Area Chart to reflect the modifications. The FAA will also issue an additional letter to airmen describing the Class B airspace change. The FAA considers this final rule to be a critical action necessary to enhance the safety and efficiency of the National Airspace System. Although the FAA is taking this action by immediate adoption of the final rule, the agency intends to initiate a thorough review, in 2007, of the Atlanta Class B airspace area design. This effort will include public participation through the ad hoc user committee, informal airspace meeting, and notice of proposed rulemaking procedures. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by modifying the Atlanta Class B airspace area to lower the floor of Class B airspace from 6,000 feet MSL to 5,000 feet MSL within two small areas as described below. Specifically, this action (depicted on the attached chart) modifies the description of Area F to add the two new sections wherein Class B airspace extends upward from 5,000 feet MSL. These sections are: to the east of the airport, that airspace within an area bounded on the west by the 20 NM arc of the Atlanta Very High Frequency Omnidirectional Range/Tactical Air Navigation (VORTAC), on the east by the 25 NM arc of the Atlanta VORTAC, on the south by the Atlanta VORTAC 090° radial, and on the north by a line 8 NM north of and parallel to the Runway 8L/26R localizer course; and to the west of the airport, that airspace within an area bounded on the east by the 20 NM arc of the Atlanta VORTAC, on the west by the 25 NM arc of the Atlanta VORTAC, on the south by the Atlanta VORTAC 270° radial, and on the north by a line 8 NM north of and parallel to the Runway 8L/26R localizer course. The description of Area G is amended to reflect the above change by adjusting the boundaries wherein Class B airspace extends upward from 6,000 feet MSL. In addition, this rule makes two editorial changes to the Atlanta Class B airspace legal description to update the airport name and the coordinates of the airport reference point as listed in 14 CFR part 71. The airport name is changed from “The William B. Hartsfield Atlanta International Airport,” to “Hartsfield-Jackson Atlanta International Airport,” in order to reflect the current airport name. A minor change is made to the ARP coordinates to reflect the latest survey information. The ARP coordinates are changed from “lat. 33°38′25″ N., long. 84°25′37″ W.,” to “lat. 38°38′12″ N., long. 84°26′41″ W.” These editorial changes do not affect the charting or the operation of the Class B airspace area. Except for the changes described above, the descriptions of all other areas in the Atlanta Class B airspace area remain as currently published. The coordinates for this airspace docket are based on North American Datum 83. Class B airspace areas are published in paragraph 3000 of FAA Order 7400.9P dated September 1, 2006, and effective September 15, 2006, which is incorporated by reference in 14 CFR section 71.1. The Class B airspace area listed in this document will be published subsequently in the Order. 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 Department of Transportation

(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, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Good Cause for Immediate Adoption Section 553(b)(3)(B) of the Administrative Procedure Act (5 U.S.C.) authorizes agencies to dispense with notice and comment procedures when the agency for “good cause” finds that those procedures are “impractical, unnecessary, or contrary to the public interest.” Under this section, an agency, upon finding good cause, may issue a final rule without seeking comment prior to the rulemaking. Based on the information presented above, the FAA has determined that prompt remedial action is necessary to enhance safety and avoid significant adverse impact on the operation of the NAS. Without immediate action, the traveling public will continue to experience substantially more flight delays. Therefore, the FAA finds that it is impractical and contrary to the public interest to delay action in order to follow the normal notice and comment procedures. Good Cause for Early Effective Date Under 5 U.S.C. 553(d), publication of a substantive rule shall be made not less than 30 days before its effective date, except as otherwise provided by the agency for good cause found and published with the rule. The FAA is issuing this rule with an effective date of October 26, 2006, which is less than 30 days after publication. The FAA finds good cause because this rule will enhance safety and end significant adverse impact on the operation of the NAS. As noted before, the FAA is taking additional steps to advise the public of this action, including reprinting the affected aeronautical charts and sending a letter to airmen in the Atlanta area regarding the airspace change. 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—DESIGNATION OF CLASS A, B, C, D, AND CLASS E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 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, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the FAA Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 15, 2006, is amended as follows: By removing the current airport name and reference point, and Area F and Area G descriptions, and substituting the following: Paragraph 3000 Class B Airspace. ASO GA B Atlanta, GA [Amended] Hartsfield-Jackson Atlanta International Airport (Primary Airport) (Lat. 33°38′12″ N., long. 84°25′41″ W.) Boundaries. Area F. That airspace extending upward from 5,000 feet MSL to and including 12,500 feet MSL, bounded on the east and west by a 25-mile radius of the Atlanta VORTAC, clockwise between a line 12 miles south of and parallel to the Runway 09R/27L localizer courses and the Atlanta VORTAC 138° radial; and clockwise between the Atlanta VORTAC 218° radial and a line 12 miles south of and parallel to the Runway 09R/27L localizer courses; and that airspace west of the airport between the 20-mile radius of the Atlanta VORTAC and the 25-mile radius of the Atlanta VORTAC, from the Atlanta VORTAC 270° radial north to a line 8 miles north of and parallel to the Runway 8L/26R localizer course; and that airspace east of the airport between the 20-mile radius of the Atlanta VORTAC and the 25-mile radius of the Atlanta VORTAC from the Atlanta VORTAC 090° radial north to a line 8 miles north of and parallel to the Runway 8L/26R localizer course; excluding that airspace contained in Areas A, C, D, and E. Area G. That airspace extending upward from 6,000 feet MSL to and including 12,500 feet MSL within a 25-mile radius of the Atlanta VORTAC north of a line 8 miles north of and parallel to the Runway 8L/26R localizer course; and south of Atlanta VORTAC in an area bounded on the north by a line 8 miles south of and parallel to the Runway 09R/27L localizer courses, on the east by the Atlanta VORTAC 138° radial, on the south by a line 12 miles south of and parallel to the Runway 09R/27L localizer courses, and on the west by the Atlanta VORTAC 218° radial; excluding that airspace clockwise between the Atlanta VORTAC 323° and 031° radials north of a line 12 miles north of and parallel to the Runway 08L/26R localizer courses, and that airspace contained in Areas A, B, C, and D. Issued in Washington, DC, on October 10, 2006. Edith V. Parish, Manager, Airspace and Rules. BILLING CODE 4910-13-P ER12OC06.016 [FR Doc. 06-8688 Filed 10-12-06; 8:45 am]

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