Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Proposed Rules 15077 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would 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 the proposed regulation: 

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 regulatory evaluation 

of the estimated costs to comply with 

this supplemental NPRM and placed it 

in the AD docket. See the ADDRESSES

section for a location to examine the 

regulatory evaluation. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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. The Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2006–

26354; Directorate Identifier 2006–NM–

196–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by April 24, 2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the following 

airplanes, certificated in any category; as 

described in paragraph (c)(1) and (c)(2) of 

this AD. 

(1) EMBRAER Model EMB–135ER, 

–135KE, –135KL, and –135LR airplanes and 

Model EMB–145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP airplanes; as 

identified in EMBRAER Service Bulletin 

145–28–0023, Revision 07, dated February 7, 

2007. 

(2) EMBRAER Model EMB–135BJ 

airplanes, as identified in EMBRAER Service 

Bulletin 145LEG–28–0018, Revision 01, 

dated April 20, 2005. 

Unsafe Condition 

(d) This AD results from fuel system 

reviews conducted by the manufacturer. We 

are issuing this AD to prevent an ignition 

source inside the fuel tank that could ignite 

fuel vapor and cause a fuel tank explosion 

and loss of the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Tube Replacement 

(f) Within 5,000 flight hours or 48 months 

after the effective date of this AD, whichever 

occurs first, replace the metallic tubes 

enclosing the vent and pilot valve wires in 

the left- and right-hand wing fuel tanks with 

new, improved, non-conductive hoses, in 

accordance with the Accomplishment 

Instructions of the service bulletin specified 

in paragraph (f)(1) or (f)(2) of this AD, as 

applicable. 

(1) For Model EMB–135ER, –135KE, 

–135KL, –135LR, –145, –145ER, –145MR, 

–145LR, –145XR, –145MP, and –145EP 

airplanes: EMBRAER Service Bulletin 145–

28–0023, Revision 07, dated February 7, 

2007. 

(2) For Model EMB–135BJ airplanes: 

EMBRAER Service Bulletin 145LEG–28–

0018, Revision 01, dated April 20, 2005. 

Credit for Actions Done Using Previous 

Service Information 

(g) Actions accomplished before the 

effective date of this AD in accordance with 

the service information specified in Table 1 

of this AD are considered acceptable for 

compliance with the corresponding actions 

specified in this AD. 

TABLE 1.—ACCEPTABLE EMBRAER SERVICE INFORMATION

Service bulletin Revision level Date 

145–28–0023 .......................................................................... Original ................................................................................... April 19, 2004. 

145–28–0023 .......................................................................... 01 ............................................................................................ June 9, 2004. 

145–28–0023 .......................................................................... 02 ............................................................................................ November 8, 2004. 

145–28–0023 .......................................................................... 03 ............................................................................................ April 27, 2005. 

145–28–0023 .......................................................................... 04 ............................................................................................ November 7, 2005. 

145–28–0023 .......................................................................... 05 ............................................................................................ May 15, 2006. 

145–28–0023 .......................................................................... 06 ............................................................................................ October 31, 2006. 

145LEG–28–0018 ................................................................... Original ................................................................................... April 23, 2004. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, ANM–116, 

International Branch, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19. 

(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. 

Related Information 

(i) Brazilian airworthiness directive 2006–

06–02, effective June 28, 2006, also addresses 

the subject of this AD. 

Issued in Renton, Washington, on March 

23, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–5911 Filed 3–29–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2007–27594; Airspace 

Docket 07–ASO–3] 

Proposed Establishment of Class D 

and E Airspace; Aguadilla, PR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking. 


pwalker on PROD1PC71 with PROPOSALS
15078 Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Proposed Rules 

SUMMARY: This notice proposes to 

establish Class D and E4 airspace at 

Aguadilla, PR. A Federal contract tower 

with a weather reporting system is being 

constructed at Rafael Hernandez 

Airport. Therefore, the airport will meet 

criteria for Class D and E4 airspace Class 

D and E4 surface area airspace is 

required when the control tower is open 

to contain Standard Instrument 

Approach Procedures (SIAPs) and other 

Instrument Flight Rules (IFR) operations 

at the airport. This action would 

establish Class D and E4 airspace 

extending upward from the surface to 

and including 2,700 feet MSL within a 

4.5-mile radius of the airport and within 

2.4 miles each side of the Borinquen 

VORTAC 257° radial extending from the 

4.5 mile radius to 7 miles west of the 

VORTAC. 

DATES: Comments must be received on 

or before April 30, 2007. 

ADDRESSES: Send comments on this 

proposal to the Docket Management 

System, U.S. Department of 

Transportation, Room Plaza 401, 400 

Seventh Street, SW., Washington, DC 

20590–0001. You must identify the 

docket number FAA–2007–27594 

Airspace Docket No. 07–ASO–3, at the 

beginning of your comments. You may 

also submit comments on the Internet at 

http://dms.dot.gov. You may review the 

public docket containing the proposal, 

any comments received, and any final 

disposition in person in the Dockets 

Office between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The Docket office (telephone 

1–800–647–5527) is on the plaza level 

of the Department of Transportation 

NASSIF Building at the above address. 

An informal docket may also be 

examined during normal business hours 

at the office of the Regional Air Traffic 

Division, Federal Aviation 

Administration, Room 550, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

FOR FURTHER INFORMATION CONTACT: 

Mark D. Ward, Manager, System 

Support, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5627. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views 

or arguments as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2007–27594/Airspace 

Docket No. 07–ASO–3.’’ The postcard 

will be date/time stamped and returned 

to the commenter. All communications 

received before the specified closing 

date for comments will be considered 

before taking action on the proposed 

rule. The proposal contained in this 

notice may be changed in light of the 

comments received. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with the rulemaking will be filed in the 

docket. 

Availability of NPRMs 

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 

Superintendent of Document’s web page 

at http://www.access.gpo.gov/nara. 

Additionally, any person may obtain a 

copy of this notice by submitting a 

request to the Federal Aviation 

Administration, Office of Air Traffic 

Airspace Management, ATA–400, 800 

Independence Avenue, SW., 

Washington, DC 20591, or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. Persons interested in being 

placed on a mailing list for future 

NPRM’s should contact the FAA’s 

Office of Rulemaking, (202) 267–9677, 

to request a copy of Advisory Circular 

No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is considering an 

amendment to Part 71 of the Federal 

Aviation Regulations (14 CFR Part 71) to 

establish Class D and E4 airspace at 

Aguadilla, PR. Class D and E4 airspace 

designations for airspace areas 

extending upward from the surface of 

the earth are published in Paragraphs 

5000 and 6000 of FAA Order 7400.9P, 

dated September 1, 2006, and effective 

September 15, 2006, which is 

incorporated by reference in 14 CFR 

71.1. The Class D and E4 airspace 

designations listed in this document 

would be published subsequently in the 

Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) is not ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this rule, 

when promulgated, will not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; 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 Federal Aviation 

Administration Order 7400.9P, Airspace 

Designations and Reporting Points, 

dated September 1, 2006, and effective 

September 15, 2006, is amended as 

follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ASO PR D Aguadilla, PR [New] 

Rafael Hernandez Airport, PR 

(Lat. 18°29′42′′ N, long. 67°07′46′′ W) 

That airspace extending upward from the 

surface to and including 2,700 feet MSL 

within a 4.5-mile radius of the Rafael 

Hernandez Airport. This Class D airspace 

area is effective during the specific days and 

times established in advance by a Notice to 

Airmen. The effective days and times will 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Proposed Rules 15079 

1The Commission also proposed amendments to 

update the market decline limitation referenced in 

Regulation SHO. 

2See e.g., Comments of Keith F. Higgins, Chair, 

Committee on Federal Regulation of Securities, 

American Bar Association (September 27, 2006) 

(stating that ‘‘without the benefit of knowing the 

information relied upon by the Commission in 

analyzing the cause or causes of the current fails to 

deliver and the likelihood that the proposed 

changes will reduce those fails to deliver, 

commenters are deprived of the opportunity to 

opine on the significance of the examination results 

or the Commission’s interpretation of such 

information’’); comments of Alan Schwartz, Novato, 

California (September 19, 2006) (requesting ‘‘strong 

empirical data for the existence of problems 

***’’); comments of Margaret Wiermanski, Chief 

Operations Officer, and Matthew Abraham, 

Compliance Officer, CTC LLC (September 28, 2006) 

(stating, ‘‘What is not clear in the current Proposing 

Amendments is any research that would evidence 

the anticipated levels of additional improvements 

in eliminating fails to deliver.’’) 

3See File No. S7–12–06, Comments of the 

National Association of Securities Dealers, Inc. 

(March 12, 2007). 

4See Securities Exchange Act Release No. 50103 

(July 28, 2004), 69 FR 48008 (August 6, 2004). 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

Paragraph 6000 Class E Airspace. 

* * * * * 

ASO PR E4 Aguadilla, PR [NEW] 

Rafael Hernandez Airport, PR 

(Lat. 18°29′42′′ N, long. 67°07′46′′ W) 

Borinquen VORTAC 

(Lat. 18°29′53′′ N, long. 67°06′30′′ W) 

That airspace extending upward from the 

surface within 2.4 miles each side of the 

Borinquen VORTAC 257° radial extending 

from the 4.5 mile radius to 7 miles west of 

the VORTAC. This Class E airspace area is 

effective during the specific days and times 

established in advance by a Notice to 

Airmen. The effective days and times will 

thereafter be continuously published in the 

Airport/Facility Directory. 

* * * * * 

Issued in College Park, Georgia, on March 

21, 2007. 

Mark D. Ward, 

Group Manager, System Support Group, 

Eastern Service Center. 

[FR Doc. 07–1545 Filed 3–29–07; 8:45 am] 

BILLING CODE 4910–13–M 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 242 

[Release No. 34–55520; File No. S7–12–06] 

RIN 3235–AJ57 

Amendments to Regulation SHO 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Notice of re-opening of 

comment period. 

SUMMARY: The Securities and Exchange 

Commission is re-opening the comment 

period on the ‘‘Amendments to 

Regulation SHO’’ it proposed in 

Securities Exchange Act Release No. 

54154 (July 14, 2006), 71 FR 41710 (July 

21, 2006) (the ‘‘Proposal’’). In view of 

the continuing public interest in the 

Proposal, as well as to reflect concerns 

raised by commenters, we believe that it 

is appropriate to re-open the comment 

period before we take action on the 

Proposal. 

DATES: Comments should be received on 

or before April 30, 2007. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/proposed.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number S7–12–06 on the subject line; 

or 

• Use the Federal eRulemaking Portal 

(http://www.regulations.gov). Follow the 

instructions for submitting comments. 

Paper Comments 

• Send paper comments in triplicate 

to Nancy M. Morris, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number S7–12–06. This file number 

should be included on the subject line 

if e-mail is used. To help us process and 

review your comments more efficiently, 

please use only one method. The 

Commission will post all comments on 

the Commission’s Internet Web site 

(http://www.sec.gov/rules/ 

proposed.shtml). Comments are also 

available for public inspection and 

copying in the Commission’s Public 

Reference Room, 100 F Street, NE., 

Washington, DC 20549–1090. All 

comments received will be posted 

without change; we do not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. 

FOR FURTHER INFORMATION CONTACT: 

James A. Brigagliano, Associate 

Director, Josephine J. Tao, Branch Chief, 

Joan M. Collopy, Special Counsel, 

Lillian S. Hagen, Special Counsel, 

Elizabeth A. Sandoe, Special Counsel, 

Victoria L. Crane, Special Counsel, 

Office of Trading Practices and 

Processing, Division of Market 

Regulation, at (202) 551–5720, at the 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549. 

SUPPLEMENTARY INFORMATION: The 

Commission is requesting additional 

public comment on proposed 

amendments to Rule 203 of Regulation 

SHO [17 CFR 242.200 and 242.203] 

under the Exchange Act. In Release No. 

54154 (July 14, 2006), 71 FR 41710 (July 

21, 2006), the Commission proposed 

amendments to Regulation SHO under 

the Securities Exchange Act of 1934 (the 

‘‘Exchange Act’’) intended to further 

reduce the number of persistent fails to 

deliver in certain equity securities by 

eliminating the grandfather provision 

and narrowing the options market 

maker exception.1 The Commission is 

re-opening the comment period, which 

ended on September 19, 2006, to 

provide additional information with 

respect to the Proposal to the public. 

Commenters have urged the 

Commission to provide additional data 

related to the Proposal before it 

determines whether additional 

rulemaking is necessary.2 In formulating 

the Proposal, the Commission relied 

primarily on data collected by the 

National Association of Securities 

Dealers, Inc. (‘‘NASD’’). NASD collected 

this data through confidential queries 

and examinations of member firms. As 

a result, the Commission did not 

provide the data underlying the 

examinations and discussions because it 

was concerned that the data contained 

confidential, company-specific 

examination findings and discussions. 

However, in response to commenters’

requests for data, the NASD submitted 

a comment letter on March 12, 2007 that 

provides the NASD’s findings in 

summary form with confidential, 

company-specific information 

removed.3

Accordingly, the Commission is reopening the comment period to 

highlight the fact that additional data 

has become available and to provide the 

public with an opportunity to comment 

on this data. In addition, in re-opening 

the comment period, the Commission 

also directs the public’s attention to 

additional data that may be of interest 

to commenters seeking information on 

the reasons why fails may be persisting 

since the adoption of Regulation SHO: 4

Æ Prior to the Commission’s Proposal, 

the New York Stock Exchange LLC (the 

‘‘NYSE’’) informed the Commission that 

it conducted a review of five securities 

with substantial aged fail positions from 

July 1, 2005 through September 23, 

2005. The NYSE found that the aged fail 

positions in these five securities were 


pwalker on PROD1PC71 with PROPOSALS