[Federal Register: January 12, 2006 (Volume 71, Number 8)]
[Notices]
[Page 2072-2078]
[DOCID:fr12ja06-103]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53059; File No. SR-Amex-2005-128]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change and Amendment No. 1 Thereto Relating to the Trading
Pursuant to Unlisted Trading Privileges of the Euro Currency Trust

January 5, 2006.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 14, 2005, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'' or ``SEC'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
On January 4, 2006, the Amex filed Amendment No. 1 to the proposed rule
change.\3\ The Commission is publishing this notice to solicit comments
on the proposed rule change, as amended, from interested persons and is
approving the proposal, as amended, on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 is incorporated in this notice.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Amex proposes new Amex Rules 1200B et seq. in order to permit
trading, either by listing or pursuant to unlisted trading privileges
(``UTP''), shares issued by a trust that holds a specified non-U.S.
currency or currencies (``Currency Trust Shares'') and trading,
pursuant to UTP, Euro Shares (``Shares'') of the Euro Currency Trust
(``Trust'').
    The text of the proposed rule change is available on the Exchange's
Web site at (http://www.amex.com), at the principal office of the

Exchange, and at the Commission's Public Reference Room. The text of
the proposed rule change is set forth below. Proposed new language is
italicized; deletions are in [brackets].
* * * * *

Rule 1200B. Currency Trust Shares

    (a) Applicability. The Rules in this Section (Trading of Currency
Trust Shares) are applicable only to Currency Trust Shares. Except to
the extent that specific Rules in this Section govern, or unless the
context otherwise requires, the provisions of the Constitution and all
other rules and policies of the Board of Governors shall be applicable
to the trading on the Exchange of such securities. Pursuant to the
provisions of Article I, Section 3(i) of the Constitution, Currency
Trust Shares are included within the definitions of ``security'' or
``securities'' as such terms are used in the Constitution and Rules of
the Exchange.
    (b) The term ``Currency Trust Shares'' for purposes of this Rule
means a security that (i) that is issued by a trust that holds a
specified non-U.S. currency deposited with the trust; (ii) when
aggregated in some specified minimum number may be surrendered to the
trust by the beneficial owner to receive the specified non U.S.
currency; and (iii) pays beneficial owners interest and other
distributions on the deposited non-U.S. currency, if any, declared and
paid by the trust.

* * * Commentary

    .01 A Currency Trust Share is a Trust Issued Receipt that holds a
specified non-U.S. currency or currencies deposited with the trust.
    .02 The Exchange requires that members and member organizations
provide to all purchasers of newly issued Currency Trust Shares a
prospectus for the series of Currency Trust Shares.
    .03 Transactions in Currency Trust Shares will occur between 9:30
a.m. and either 4:00 p.m. or 4:15 p.m. for each series, as specified by
the Exchange.
    .04 (a) Limit Orders--Members and member organizations shall not
enter orders into the Exchange's order routing system, as principal or
agent, limit orders in the same trust, for the account or accounts of
the same or related beneficial owner, in such a manner that the member
or beneficial owner(s) effectively is operating as a market maker by
holding itself out as willing to buy and sell such Currency Trust
Shares on a regular or continuous basis. In determining whether a
member or beneficial owner effectively is operating as a market maker,
the Exchange will consider, among other things, the simultaneous or
near-simultaneous entry of limit orders to buy and sell the same
Currency Trust Shares; the multiple acquisition and liquidation of
positions in the same Currency Trust Shares during the same day; and
the entry of multiple limit orders at different prices in the same
Currency Trust Shares.
    (b) Members and member organizations may not enter, nor permit the
entry of, orders into the Exchange's order routing system if those
orders are (i) created and communicated electronically without manual
input (i.e., order entry by public customers or associated persons of
members must involve manual input such as entering the terms of an
order into an order-entry screen or manually selecting a displayed
order against which an off-setting order should be sent) and (ii)
eligible for execution through the Exchange's automatic execution
system for Currency Trust Shares. Nothing in this paragraph, however,
prohibits members from electronically communicating to the Exchange
orders manually entered by customers into

front-end communication systems (e.g., Internet gateways, on-line
networks, etc.).
* * * * *

Rule 1201B. Designation of an Underlying Foreign Currency

    The Exchange may trade, either by listing or pursuant to unlisted
trading privileges, Currency Trust Shares that hold a specified non-
U.S. currency or currencies. Each issue of a Currency Trust Share shall
be designated as a separate series and shall be identified by a unique
symbol.
* * * * *

Rule 1202B. Initial and Continued Listing

    Currency Trust Shares will be listed and traded on the Exchange
subject to application of the following criteria:
    (a) Initial Listing--The Exchange will establish a minimum number
of Currency Trust Shares required to be outstanding at the time of
commencement of trading on the Exchange.
    (b) Continued Listing--Following the initial 12-month period
following the commencement of trading of the Currency Trust Shares, the
Exchange may remove from listing Currency Trust Shares under any of the
following circumstances:
    (i) If the trust has more than 60 days remaining until termination
and there are fewer than 50 record and/or beneficial holders of
Currency Trust Shares for 30 or more consecutive trading days;
    (ii) If the trust has fewer than 50,000 Currency Trust Shares
issued and outstanding;
    (iii) If the market value of all Currency Trust Shares issued and
outstanding is less than $1,000,000;
    (iv) If the value of the applicable non-U.S. currency is no longer
calculated or available on at least a 15-second delayed basis from a
source unaffiliated with the sponsor, trust, custodian or Exchange or
the Exchange stops providing a hyperlink on its website to any such
unaffiliated applicable non-U.S. currency value;
    (v) If the intraday indicative value is no longer made available on
at least a 15-second delayed basis; or
    (vi) If such other event shall occur or condition exists which in
the opinion of the Exchange makes further dealings on the Exchange
inadvisable.
    Upon termination of a trust, the Exchange requires that Currency
Trust Shares issued in connection with such trust be removed from
Exchange listing.
    (c) Term--The stated term of the trust shall be as stated in the
prospectus. However, a trust may be terminated under such earlier
circumstances as may be specified in the trust prospectus.
    (d) Trustee--The following requirements apply:
    (i) The trustee of a trust must be a trust company or banking
institution having substantial capital and surplus and the experience
and facilities for handling corporate trust business. In cases where,
for any reason, an individual has been appointed as trustee, a
qualified trust company or banking institution must be appointed as co-
trustee.
    (ii) No change is to be made in the trustee of a listed issue
without prior notice to and approval of the Exchange.
    (e) Voting--Voting rights shall be as set forth in the applicable
trust prospectus.

* * * Commentary

    .01 The Exchange will file separate proposals under Section 19(b)
of the Securities Exchange Act of 1934 before the listing and/or
trading of the Currency Trust Shares designated on different underlying
non-specified U.S. currencies.
* * * * *

Rule 1203B. Specialist Prohibitions

    Rule 175(c) shall be deemed to prohibit an equity specialist, his
member organization, or any other member, limited partner, officer, or
approved person thereof from acting as a market maker or functioning in
any capacity involving market-making responsibilities in the applicable
non-U.S. currency, options, related futures or options on futures, or
any other related derivatives. However, an approved person of an equity
specialist that has established and obtained Exchange approval of
procedures restricting the flow of material, non-public market
information between itself and the specialist member organization
pursuant to Rule 193, and any member, officer, or employee associated
therewith, may act in a market making capacity, other than as a
specialist in Currency Trust Shares on another market center, in the
applicable non-U.S. currency, options, related futures or options on
futures, or any other related derivatives.

* * * Commentary

    .01 In connection with Currency Trust Shares, Commentaries .01, .02
and .07 of Rule 170 shall not apply to the trading of Currency Trust
Shares for the purpose of bringing the price of Currency Trust Shares
into parity with the value of the applicable non-U.S. currency on which
the Currency Trust Shares are based, with the net asset value of the
Currency Trust Shares or with a futures contract on the applicable non-
U.S. currency on which the Currency Trust Shares are based. Such
transactions must be effected in a manner that is consistent with the
maintenance of a fair and orderly market and with the other
requirements of this rule and the supplementary material herein.
* * * * *

Rule 1204B. Securities Accounts and Orders of Specialists

    (a) The member organization acting as specialist in Currency Trust
Shares is obligated to conduct all trading in Currency Trust Shares in
its specialist account, subject only to the ability to have one or more
investment accounts, all of which must be reported to the Exchange (See
Rule 170). In addition, the member organization acting as specialist in
the Currency Trust Shares must file, with the Exchange, in a manner
prescribed by the Exchange, and keep current a list identifying all
accounts for trading the applicable non-U.S. currency, options, related
futures or options on futures, or any other related derivatives, which
the member organization acting as specialist may have or over which it
may exercise investment discretion. No member organization acting as
specialist in the Currency Trust Shares shall trade in the applicable
non-U.S. currency, options, related futures or options on futures, or
any other related derivatives, in an account in which a member
organization acting as specialist, directly or indirectly, controls
trading activities, or has a direct interest in the profits or losses
thereof, which has not been reported to the Exchange as required by
this Rule.
    (b) In addition to the existing obligations under Exchange rules
regarding the production of books and records (See, e.g. Rule 31), the
member organization acting as a specialist in Currency Trust Shares
shall make available to the Exchange such books, records or other
information pertaining to transactions by such entity or any member,
member organization, limited partner, officer or approved person
thereof, registered or non-registered employee affiliated with such
entity for its or their own accounts in the applicable non-U.S.
currency, options, related futures or options on futures, or any other
related derivatives, as may be requested by the Exchange.
    (c) In connection with trading the applicable non-U.S. currency,
options, related futures or options on futures, or any other related
derivatives (including

Currency Trust Shares), the specialist registered as such in Currency
Trust Shares shall not use any material nonpublic information received
from any person associated with a member, member organization or
employee of such person regarding trading by such person or employee in
the applicable non-U.S. currency, options, related futures or options
on futures, or any other related derivatives.
* * * * *

Rule 1205B. Limitation on Exchange Liability

    Neither the Exchange nor any agent of the Exchange shall have any
liability for damages, claims, losses or expenses caused by any errors,
omissions, or delays in calculating or disseminating any applicable
non-U.S. currency value, the current value of the applicable non-U.S.
currency if required to be deposited to the trust in connection with
issuance of Currency Trust Shares; net asset value; or other
information relating to the purchase, redemption or trading of the
Currency Trust Shares, resulting from any negligent act or omission by
the Exchange or any agent of the Exchange, or any act, condition or
cause beyond the reasonable control of the Exchange or its agent,
including, but not limited to, an act of God; fire; flood;
extraordinary weather conditions; war; insurrection; riot; strike;
accident; action of government; communications or power failure;
equipment or software malfunction; or any error, omission or delay in
the reports of transactions in the applicable non-U.S. currency.
* * * * *
Original Listing Fees
    Section. 140. Stock Issues--No Change.
    Issues Listed Under Section 106 (Currency and Index Warrants) and
Section 107 (Other Securities)--No Change.
    Warrants--No Change.
    Bonds--No Change.
    Index Fund Shares, Trust Issued Receipts, Commodity-Based Trust
Shares, Currency Trust Shares and Closed-End Funds--The original
listing fee for Index Fund Shares listed under Rule 1000A, Trust Issued
Receipts listed under Rule 1200, Commodity-Based Trust Shares listed
under Rule 1200A, Currency Trust Shares listed under Rule 1200B and
Closed-End Funds listed under section 101 of the Company Guide is
$5,000 for each series or Fund, with no application processing fee.
    Special Shareholder Rights Plans--No Change.
* * * * *
Annual Fees
    Section. 141. Stock Issues; Issues Listed Under Sections 106 and
107; Rules 1200 (Trust Issued Receipts) and 1200A (Commodity-Based
Trust Shares) and; Rule 1200B (Currency Trust Shares;) and Closed-End
Funds.

------------------------------------------------------------------------
             Shares outstanding                    Fees  (dollars)
------------------------------------------------------------------------
5,000,000 shares or less...................  15,000
                                             (minimum)
5,000,001 to 10,000,000 shares.............  17,500
10,000,001 to 25,000,000 shares............  20,000
25,000,001 to 50,000,000 shares............  22,500
In excess of 50,000,000 shares.............  30,000
                                             (maximum)
30,000 (maximum)...........................  ...........................
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The Board of Governors or its designee may, in its discretion, defer,
waive or rebate all or any part of the applicable annual listing fee
specified above excluding the fees applicable to issues listed under
sections 106 and 107 and rule 1200 (Trust Issued Receipts); and Closed-
End Funds.
    Issues Listed Under Rule 1000A (Index Fund Shares)--No Change.
    The annual fee is payable in January of each year and is based on
the total number of all classes of shares (excluding treasury shares)
and warrants according to information available on Exchange records as
of December 31 of the preceding year. (The above fee schedule also
applies to companies whose securities are admitted to unlisted trading
privileges.)
    In the calendar year in which a company first lists, the annual fee
will be prorated to reflect only that portion of the year during which
the security has been admitted to dealings and will be payable within
30 days of the date the company receives the invoice, based on the
total number of outstanding shares of all classes of stock at the time
of original listing.
    The annual fee for issues listed under Rule 1000A (Index Fund
Shares), Rule 1200 (Trust Issued Receipts), [and] Rule 1200A
(Commodity-Based Trust Shares) and Rule 1200B (Currency Trust Shares)
is based upon the number of shares of a series of Index Fund Shares,
Trust Issued Receipts, [or] Commodity-Based Trust Shares or Currency
Trust Shares outstanding at the end of each calendar year. For multiple
series of Index Fund Shares issued by an open-end management investment
company, [or] for multiple series of Trust Issued Receipts and/or
Commodity-Based Trust Shares, or for multiple series of Currency Trust
Shares, the annual listing fee is based on the aggregate number of
shares in all series outstanding at the end of each calendar year.
    The annual fee for a Closed-End Fund listed under Section 101 of
the Company Guide is based upon the number of shares outstanding of
such Fund at the end of each calendar year. For multiple Closed-End
Funds of the same sponsor, the annual listing fee is based on the
aggregate number of shares outstanding of all such Funds at the end of
each calendar year.
    Bond Issues--No Change.
    Late Fee--No Change.
    NOTE: No Change.
* * * * *

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change. The
text of these statements may be examined at the places specified in
Item III below, and is set forth in sections A, B, and C below.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to add new Amex Rules 1200B et. seq. for the
purpose of permitting the trading, either by listing or pursuant to
UTP, of Currency Trust Shares.\4\ In particular, the Exchange proposes
to initially trade the Shares under proposed Amex Rule 1201B pursuant
to UTP. The Commission previously approved the original listing and
trading of the Shares by the New York Stock Exchange, Inc.
(``NYSE'').\5\
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    \4\ Currency Trust Shares are securities issued by a trust that
represent investors' discrete identifiable and undivided beneficial
ownership interest in the non-U.S. currency or currencies deposited
into the trust. The Exchange notes that the Commission has approved
the listing and trading of other securities products for which the
underlying interest was not a security trading on a regulated
market. See Securities Exchange Act Release Nos. 51058 (January 19,
2005), 70 FR 3749 (January 26, 2005) (approving the listing and
trading of shares of the iShares COMEX Gold Trust); and 51446 (March
29, 2005), 70 FR 17272 (April 5, 2005) (approving the trading of
shares of the streetTRACKS Gold Trust pursuant to UTP).
    Unlike Commodity-Based Trust Shares under Amex Rule 1200A, which
are shares of a trust that holds one or more physical commodities,
the Currency Trust Shares are shares of a trust that holds non-U.S.
currency or currencies.
    \5\ See Securities Exchange Act Release No. 52843 (November 28,
2005), 70 FR 72486 (December 5, 2005) (SR-NYSE-2005-65) (``NYSE
Order'').
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    The Shares represent beneficial ownership interests in the net
assets of

the Trust consisting only of euro on demand deposits in a euro-
denominated, interest-bearing account, less the expenses of the Trust.
According to the Trust's Registration Statement,\6\ the investment
objective of the Trust is for the Shares to reflect the price of the
euro. The Sponsor expects that the price of a Share will fluctuate in
response to fluctuations in the euro.
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    \6\ The Sponsor, on behalf of the Trust, filed the Form S-1 (the
``Registration Statement'') on June 7, 2005 and Amendment No. 4
thereto on December 6, 2005. See Registration No. 333-125581.
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    Amex Rules 1200B et seq. are intended to accommodate possible
future listing and trading of trusts based on non-U.S. currencies in
addition to the euro. For each separate and discrete Currency Trust
Share, the Exchange will submit a filing pursuant to section 19(b) of
the Act,\7\ subject to the review and approval of the Commission. The
Exchange also proposes to amend its original listing and annual listing
fees in sections 140 and 141 of the Amex Company Guide (``Company
Guide'') to include the Currency Trust Shares. A description of the
Euro, the Foreign Exchange Industry, foreign currency regulation,
trust, and the Shares is set forth in the NYSE Order.
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    \7\ 15 U.S.C. 78s(b).
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    Issuances of Shares will be made only in baskets of 50,000 Shares
or multiples thereof (``Basket''). The Trust will issue and redeem the
Shares on a continuous basis, by or through participants that have
entered into participant agreements (each, an ``Authorized
Participant'') \8\ with the trustee, the Bank of New York
(``Trustee''), at the net asset value (``NAV'') per Share next
determined after an order to purchase a Basket is received in proper
form.
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    \8\ An ``Authorized Participant'' is a person, who at the time
of submitting to the trustee an order to create or redeem one or
more Baskets, (i) is a registered broker-dealer, (ii) is a
Depository Trust Company Participant or an Indirect Participant and
(iii) has in effect a valid Authorized Participant Agreement.
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    When calculating NAV, the Trustee will value the euros held by the
Trust on the basis of the day's announced Noon Buying Rate. If the Noon
Buying Rate is not announced, the Trustee will use the most recently
announced Noon Buying Rate, unless the Trustee, in consultation with
the Sponsor, determines to apply an alternative basis for evaluation as
a result of extraordinary circumstances. The calculation methodology
for the NAV is described in more detail in the NYSE Order.
    Baskets will be issued in exchange for an amount of euros (``Basket
Euro Amount'') based on the combined NAV per Share of the number of
Shares included in the Baskets being created. The Basket Euro Amount
and NAV will be determined by the Trustee ``as promptly as
practicable'' after the Federal Reserve announces the Noon Buying Rate
and published on the Trust's Web site on each Business Day.\9\
Authorized Participants that wish to purchase a Basket must transfer
the Basket Euro Amount to the Trust in exchange for a Basket. Baskets
are then separable upon issuance into the Shares that will be traded on
the Amex on a UTP basis.\10\
    The Shares will not be individually redeemable but will only be
redeemable in Baskets. To redeem, an Authorized Participant will be
required to accumulate enough Shares to constitute a Basket (i.e.,
50,000 Shares). Authorized Participants that wish to redeem a Basket
will receive the Basket Euro Amount in exchange for each Basket
surrendered. The operation of the Trust and creation and redemption
process is described in more detail in the NYSE Order.
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    \9\ Ordinarily no later than 2 p.m. (ET).
    \10\ Shares are separate and distinct from the underlying euro
comprising the portfolio of the Trust. The Exchange expects that the
number of outstanding Shares will increase and decrease as a result
of in-kind deposits and withdrawals of the underlying euro.
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    (a) Dissemination of Information About the Shares and Underlying
Euro Holdings. Although the spot price of a foreign currency, such as
the euro, is not disseminated over the facilities of Consolidated Tape
Association (``CTA''), the last sale price for the Shares, as is the
case for all equity securities traded on the Exchange, will be
disseminated over the CTA. Market prices for the Shares will be
available from a variety of public sources, including brokerage firms,
financial information Web sites such as Bloomberg (http://bloomberg.com/markets/currencies/eurafr_currencies.html
), CBS Market

Watch (http://finance.marketwatch.com/tools/stockresearch/globalmarkets) and Yahoo! Finance (http://finance.yahoo.com/currency),
ance.yahoo.com/currency),
and other information service providers. Many of these sites offer
price quotations drawn from other published sources, and as the
information is supplied free of charge, it generally is subject to time
delays.
    In addition, there is a considerable amount of euro price and euro
market information available on public Web sites and through
professional and subscription services. Current spot prices are also
generally available from foreign exchange dealers. Investors may obtain
on a 24-hour basis euro pricing information based on the euro spot
price from various financial information service providers. The
Exchange states that, like bond securities traded in the over-the-
counter market with respect to which pricing information is available
directly from bond dealers, current spot prices are also generally
available with bid/ask spreads from foreign exchange dealers. Complete
real-time data for euro futures and options prices traded on the
Chicago Mercantile Exchange (``CME'') and Philadelphia Stock Exchange
(``Phlx'') are also available by subscription from information service
providers. The CME and Phlx also provide delayed futures and options
information on current and past trading sessions and market news free
of charge on their respective Web sites. There are a variety of other
public Web sites that provide information on foreign currency and the
euro, such as Bloomberg (http://www.bloomberg.com/markets/currencies/

eurafr--currencies.html), which regularly reports current foreign
exchange pricing for a fee. Other service providers include CBS Market
Watch (http://www.marketwatch.com/tools/stockresearch/globalmarkets) and Yahoo! Finance (http://finance.yahoo.com/currency). Many of these
oo.com/currency). Many of these
sites offer price quotations drawn from other published sources, and as
the information is supplied free of charge, it generally is subject to
time delays.\11\
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    \11\ There may be incremental differences in the euro spot price
among the various information service sources. While the Exchange
believes the differences in the euro spot price may be relevant to
those entities engaging in arbitrage or in the active daily trading
of euro or foreign currency derivatives, the Exchange believes such
differences are likely of less concern to individual investors
intending to hold the Shares as part of a long-term investment
strategy.
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    The Trust's Web site at (http://www.currencyshares.com these ) (to which

the Amex will provide a link) will be publicly accessible at no charge
and will contain the following information: (1) The euro spot
price,\12\ including the bid and offer and the midpoint between the bid
and offer for the euro spot price, updated every 5 to 10 seconds; (2)
an intraday indicative value (``IIV'') per Share calculated by
multiplying the indicative spot price of the euro by the quantity of
euro backing each Share, on a 5 to 10-second delayed basis; (3) a 20-

minute delayed basis indicative value, which is used for calculating
premium/discount information; (4) premium/discount information,
calculated on a 20-minute delayed basis; (5) the NAV of the Trust as
calculated each Business Day; (6) accrued interest per Share; (7) the
daily Noon Buying Rate; (8) the Basket Euro Amount; and (9) the last
sale price of the Shares as traded in the U.S. market, subject to a 20-
minute delay.
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    \12\ The Trust Web site's euro spot price will be provided by
The Bullion Desk (http://www.thebulliondesk.com). The Commission

notes that the NYSE Order states that the Bullion Desk is not
affiliated with the Trust, Trustee, Sponsor, Depository,
Distributor, or the Exchange. In the event that the Trust's Web site
should cease to provide this euro spot price information from an
unaffiliated source and the intraday indicative value of the Shares,
the Commission notes that NYSE will halt trading in the Shares and
commence delisting proceedings for the Shares.
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    Between 12 p.m. and 2 p.m. (New York time) each business day the
Trustee will calculate NAV and Basket Euro Amount based on the combined
NAV per share of the number of Shares included in the Baskets being
created of the shares and will post NAV on the Trust's Web site as soon
as valuation of the euro held by the Trust is complete (ordinarily by 2
p.m. (New York time)). Ordinarily, it will be posted no more than 30
minutes after the Noon Buying Rate is published by the Federal Reserve
Bank of New York.\13\
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    \13\ The Commission notes that in the NYSE Order, NYSE
represented that all market participants will have access to this
data at the same time and, therefore, no market participant will
have a time advantage in using such data.
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    (b) Continued Listing and UTP Criteria. While the Exchange
immediately seeks to UTP the Euro Currency Shares, the Exchange is also
adopting general initial and continued listing standards applicable to
all Currency Shares. In such an event, the Exchange would still file a
Form 19b-4 to list such Shares. However, such continued listing
standards include the following items. When the Exchange is the primary
listing exchange, the Trust will be subject to the continued trading
criteria under proposed Amex Rule 1202B.\14\ In particular, the
proposed criteria provides that the Shares may be removed from trading
following the initial 12-month period from the date of commencement of
trading of the Shares on the Exchange under any of the following
circumstances:
---------------------------------------------------------------------------

    \14\ Proposed Amex Rule 1202B for trading the Shares is
substantially similar to current Amex Rule 1202A relating to
Commodity-Based Trust Shares.
---------------------------------------------------------------------------

     If the Trust has more than 60 days remaining until
termination and there are fewer than 50 record and/or beneficial
holders of the Shares for 30 or more consecutive trading days;
     If the Trust has fewer than 50,000 Shares issued and
outstanding;
     If the market value of all the Shares is less than
$1,000,000;
     If the value of the euro is no longer calculated or
available on at least a 15-second delayed basis from a source
unaffiliated with the sponsor, Trust, custodian or the Exchange or the
Exchange stops providing a hyperlink on its Web site to any such
unaffiliated euro value;
     If the IIV is no longer made available on at least a 15-
second delayed basis; or
     If such other event shall occur or condition exists which
in the opinion of the Exchange makes further dealings on the Exchange
inadvisable.

In addition, the Exchange will remove Shares from listing and trading
upon termination of the Trust. Unless otherwise terminated pursuant to
the terms of the Depositary Trust Agreement between the Trust and
Sponsor, the Trust will terminate on a specified date in 2045.
    If the Exchange is only trading the Shares pursuant to UTP, then
the Exchange will cease trading in the Shares if (a) the primary market
stops trading the shares because of a regulatory halt similar to a halt
based on Amex Rule 117 and/or a halt because dissemination of the IIV
and/or the underlying value (spot price on future contract) of the
applicable non-U.S. currency has ceased; or (b) the primary market
delist the Shares.
    (c) Trading Rules. The Exchange deems the Currency Trust Shares to
be equity securities, thus rendering trading in the Shares subject to
the Exchange's existing rules governing the trading of equity
securities. The trading hours for the Shares on the Exchange will be
9:30 a.m. until 4:15 p.m. ET. The Shares will trade with a minimum
price variation of $0.01.
    Amex Rule 154, Commentary .04(c) provides that stop and stop limit
orders to buy or sell a security (other than an option, which is
covered by Rule 950(f) and Commentary thereto) the price of which is
derivatively priced based upon another security or index of securities,
may with the prior approval of a Floor Official, be elected by a
quotation, as set forth in Commentary .04(c)(i-v). The Exchange has
designated Currency Trust Shares, including the Shares, as eligible for
this treatment.\15\
---------------------------------------------------------------------------

    \15\ See Securities Exchange Act Release No. 29063 (April 10,
1991), 56 FR 15652 (April 17, 1991) at note 9, regarding the
Exchange's designation of equity derivative securities as eligible
for such treatment under Amex Rule 154, Commentary .04(c).
---------------------------------------------------------------------------

    Currency Trust Shares will be deemed ``Eligible Securities'', as
defined in Amex Rule 230, for purposes of the Intermarket Trading
System (``ITS'') Plan and therefore will be subject to the trade
through provisions of Amex Rule 236, which require that members avoid
initiating trade-throughs for ITS securities.
    Specialist transactions in Currency Trust Shares made in connection
with the creation and redemption of Currency Trust Shares will not be
subject to the prohibitions of Amex Rule 190.\16\ The Commission staff
has provided certain exemptive and no-action relief for transactions in
Currency Trust Shares from the short sale requirements of Rule 10a-1
and Regulation SHO under the Act.\17\ The Exchange will issue a notice
detailing the terms of the exemption or relief. In addition, the
Exchange believes that Amex Commentary .12 to Amex Rule 170 exempting
specialists from certain ``stabilization'' provisions in connection
with Trust Issued Receipts (``TIRs'') equally apply to Currency Trust
Shares.\18\
---------------------------------------------------------------------------

    \16\ See Amex Commentary .05 to Rule 190.
    \17\ Currency Trust Shares are exempt from Rule 10a-1 under the
Act permitting sales without regard to the ``tick'' requirements of
Rule 10a-1 under the Act. Rule 10a-1(a)(1)(i) under the Act provides
that a short sale of an exchange-traded security may not be effected
(i) below the last regular-way sale price (an ``uptick'') or (ii) at
such price unless such price is above the next preceding different
price at which a sale was reported (a ``zero-plus tick''). No-action
relief from the marking requirements of Rule 200(g) of Regulation
SHO permits broker-dealers, subject to certain conditions, to mark
short sales in the Euro Shares ``short,'' rather than ``short
exempt.'' The SEC exempted the Shares from the short sale rule
pursuant to a No-Action Letter dated December 5, 2005.
    \18\ See Securities Exchange Act Release Nos. 49087 (January 15,
2004), 69 FR 3622 (January 26, 2004) (Order); and 48800 (November
17, 2003), 68 FR 66144 (November 25, 2003) (Notice).
---------------------------------------------------------------------------

    The adoption of proposed Amex Rule 1203B relating to certain
specialist prohibitions will address potential conflicts of interest in
connection with acting as a specialist in Currency Trust Shares.
Specifically, proposed Amex Rule 1203B provides that the prohibitions
in Amex Rule 175(c) apply to a specialist in Currency Trust Shares, so
that the specialist or affiliated person may not act or function as a
market maker in the underlying non-U.S. currency, options, futures or
options on futures on such currency, or any other derivatives based on
such currency. An affiliated person of the specialist consistent with
Amex Rule 193 may be afforded an exemption to act in a market making
capacity on another market center, other than as a specialist in the
underlying non-U.S. currency, options, futures or options on futures on
such currency, or any other derivatives based on such currency. In
particular, proposed Amex Rule 1203B provides that an approved person
of an equity specialist that has established and obtained Exchange
approval for procedures restricting the flow of material, non-public
market information between itself and the specialist

member organization, and any member, officer, or employee associated
therewith, may act in a market making capacity, other than as a
specialist in Currency Trust Shares on another market center, in the
underlying non-U.S. currency, options, futures or options on futures on
such currency, or any other derivatives based on such currency.
    Adoption of proposed Amex Rule 1204B will also ensure that
specialists handling the Currency Trust Shares provide the Exchange
with all the necessary information relating to their trading in the
underlying non-U.S. currency, options, futures or options on futures on
such currency, or any other derivatives based on such currency. As a
general matter, the Exchange has regulatory jurisdiction over its
members, member organizations and approved persons of a member
organization. The Exchange also has regulatory jurisdiction over any
person or entity controlling a member organization as well as a
subsidiary or affiliate of a member organization that is in the
securities business. A subsidiary or affiliate of a member organization
that does business only in non-U.S. currencies would not be subject to
Exchange jurisdiction, but the Exchange could obtain information
regarding the activities of such subsidiary or affiliate through
surveillance sharing agreements with regulatory organizations of which
such subsidiary or affiliate is a member.
    (d) Information Circular. Prior to the commencement of trading, the
Exchange will inform its members and member organizations in an
Information Circular of the special characteristics and risks
associated with trading the Shares. Specifically, the Information
Circular will discuss the following: (1) The procedures for purchases
and redemptions of Shares in Baskets; (2) applicable Exchange rules
including requirements of Amex Rule 411 (``Duty to Know and Approve
Customers''), which impose a duty of due diligence on its members and
member firms to learn the essential facts relating to every customer
prior to trading the Shares; (3) how information regarding the IIV is
disseminated; and (4) trading information. The Circular will also refer
members to language in the Registration Statement regarding prospectus
delivery requirements for the Shares. The Information Circular will
also note to members their obligations regarding prospectus delivery
requirements for the Shares. The Exchange notes that investors
purchasing Shares directly from the Trust (by delivery of the Basket
Euro Amount) will receive a prospectus. Exchange members purchasing
Shares from the Trust for resale to investors will deliver a prospectus
to such investors.
    In addition, the Information Circular will reference that the Trust
is subject to various fees and expenses described in the Registration
Statement, and that the number of euros required to create a Basket or
to be delivered upon a redemption of a Basket may gradually decrease
over time in the event that the Trust is required to sell euros to pay
the Trust's expenses, and that if done at a time when the price of the
euro is relatively low, it could adversely affect the value of the
Shares. Finally, Information Circular will also reference the fact that
there is no regulated source of last sale information regarding the
euro, and that the Commission has no jurisdiction over the trading of
the euro.
    (e) Trading Halts. With respect to trading halts, the Exchange may
consider all relevant factors in exercising its discretion to halt or
suspend trading in the Shares. Trading may be halted because of the
existence of unusual conditions or circumstances that may be
detrimental to the maintenance of a fair and orderly market. In
addition, trading on the Exchange in the Shares may be halted if (1)
the market volatility trading halt parameters set forth in Amex Rule
117 are reached or (2) the trading of futures contracts based on the
euro is halted or suspended. In addition, if the Exchange is the
listing market for Currency Trust Shares, the Exchange will halt
trading in the Shares if the Trust Web site (to which the Exchange will
link) ceases to provide (1) the value of the euro updated at least
every 15 seconds from a source not affiliated with the Sponsor, Trust,
or the Exchange, or (2) the IIV per Share updated at least every 15
seconds. If the Exchange is trading the Shares pursuant to UTP, such as
the Euro Currency Shares, the Exchange will cease trading the Shares if
(a) the primary market stops trading the Shares because of a regulatory
halt similar to Amex Rule 117 and/or a halt because dissemination of
the IIV and/or underlying spot price has ceased; or (b) the primary
market delists the Shares.
    (f) Surveillance. The Exchange's surveillance procedures applicable
to trading in the proposed Currency Trust Shares will be similar to
those applicable to TIRs, Portfolio Depository Receipts and Index Fund
Shares currently trading on the Exchange. The Exchange represents that
its surveillance procedures are adequate to properly monitor the
trading of the Shares.
2. Statutory Basis
    The proposed rule change, as amended, is consistent with section
6(b) of the Act \19\ in general and furthers the objectives of section
6(b)(5) \20\ in particular in that it is designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transaction in
securities, and, in general to protect investors and the public
interest. In addition, the Exchange believes that the proposal is
consistent with Rule 12f-5 under the Act \21\ because it deems the Fund
Shares to be equity securities, thus rendering the Shares subject to
the Exchange's existing rules governing the trading of equity
securities.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b).
    \20\ 15 U.S.C. 78s(b)(5).
    \21\ 17 CFR 240.12f-5.
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchanges believes that the proposed rule change, as amended,
will impose no burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, is consistent with the Act. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Amex-2005-128 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-9303.

    All submissions should refer to File Number SR-Amex-2005-128. This
file

number should be included on the subject line if e-mail is used. To
help the Commission 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/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the Amex. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Amex-2005-128 and should be submitted on or before
February 2, 2006.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    The Commission finds that the proposed rule change, as amended, is
consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\22\ In particular, the Commission finds that the proposed
rule change is consistent with section 6(b)(5) of the Act,\23\ which
requires that an exchange have rules designed, among other things, to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and in general to protect investors and the public
interest.
---------------------------------------------------------------------------

    \22\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \23\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In addition, the Commission finds that the proposal is consistent
with section 12(f) of the Act,\24\ which permits an exchange to trade,
pursuant to UTP, a security that is listed and registered on another
exchange.\25\ The Commission notes that it previously approved the
listing and trading of the Shares on the NYSE.\26\ The Commission also
finds that the proposal is consistent with Rule 12f-5 under the
Act,\27\ which provides that an exchange shall not extend UTP to a
security unless the exchange has in effect a rule or rules providing
for transactions in the class or type of security to which the exchange
extends UTP. Amex rules deem the Shares to be equity securities, thus
trading in the Shares will be subject to the Exchange's existing rules
governing the trading of equity securities.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78l(f).
    \25\ Section 12(a) of the Act, 15 U.S.C. 78l(a), generally
prohibits a broker-dealer from trading a security on a national
securities exchange unless the security is registered on that
exchange pursuant to section 12 of the Act. Section 12(f) of the Act
excludes from this restriction trading in any security to which an
exchange ``extends UTP.'' When an exchange extends UTP to a
security, it allows its members to trade the security as if it were
listed and registered on the exchange even though it is not so
listed and registered.
    \26\ See NYSE Order, supra note 4.
    \27\ 17 CFR 240.12f-5.
---------------------------------------------------------------------------

    The Commission further believes that the proposal is consistent
with section 11A(a)(1)(C)(iii) of the Act,\28\ which sets forth
Congress's finding that it is in the public interest and appropriate
for the protection of investors and the maintenance of fair and orderly
markets to assure the availability to brokers, dealers, and investors
of information with respect to quotations for and transactions in
securities.
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

    The Exchange will cease trading in the Shares if (a) the primary
market stops trading the Shares because of a regulatory halt similar to
a halt based on Amex Rule 117 and/or halt because dissemination of the
IIV and/or underlying spot price has ceased; or (b) the primary market
delists the Shares.
    In support of this proposed rule change, the Exchange has made the
following representations:
    1. Amex has appropriate rules to facilitate transactions in this
type of security.
    2. Amex surveillance procedures are adequate to properly monitor
the trading of the Shares on the Exchange.
    3. Amex will distribute an Information Circular to its members
prior to the commencement of trading of the Shares on the Exchange that
explains the terms, characteristics, and risks of trading such shares.
    4. Amex will require a member with a customer that purchases newly
issued Shares on the Exchange to provide that customer with a product
prospectus and will note this prospectus delivery requirement in the
Information Circular.
    5. Amex will cease trading in the Shares if (a) the primary market
stops trading the Shares because of a regulatory halt similar to a halt
based on Amex Rule 117 and/or halt because dissemination of the IIV
and/or underlying spot price has ceased; or (b) the primary market
delists the Shares.
    This approval order is conditioned on Amex's adherence to these
representations.
    The Commission finds good cause for approving this proposed rule
change, as amended, before the thirtieth day after the publication of
notice thereof in the Federal Register. As noted previously, the
Commission previously found that the listing and trading of these
Shares on the NYSE is consistent with the Act.\29\ The Commission
presently is not aware of any issue that would cause it to revisit that
earlier finding or preclude the trading of these funds on the Exchange
pursuant to UTP. Therefore, accelerating approval of this proposed rule
change should benefit investors by creating, without undue delay,
additional competition in the market for these Shares.
---------------------------------------------------------------------------

    \29\ See NYSE Order, supra note 4.
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the Act,
that the proposed rule change (SR-Amex-2005-128), as amended, is hereby
approved on an accelerated basis.\30\
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\31\
---------------------------------------------------------------------------

    \31\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
[FR Doc. E6-216 Filed 1-11-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 131 (Wednesday, July 8, 2020)]
[Notices]
[Pages 41092-41093]
[FR Doc No: 2020-14618]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for New Special
Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for special permits.

-----------------------------------------------------------------------

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein. Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.

DATES: Comments must be received on or before August 7, 2020.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, Washington, DC
20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Donald Burger, Chief, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington DC.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on July 1, 2020.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

                                              Special Permits Data
----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special permits
       Application No.                 Applicant          Regulation(s) affected              thereof
----------------------------------------------------------------------------------------------------------------
21061-N......................  KLA Corporation.........  173.212, 173.213........  To authorize the
                                                                                transportation in commerce
                                                                                of certain flammable solids
                                                                                in non-DOT specification
                                                                                packaging. (modes 1, 4).
21062-N......................  Gas Innovations Inc.....  171.23..................  To authorize the
                                                                                transportation in commerce
                                                                                of pressure drums containing
                                                                                Hydrogen chloride,
                                                                                anhydrous, UN 1050 that do
                                                                                not meet the requalification
                                                                                requirement in Sec.   171.23
                                                                                for export. (modes 1, 2, 3).

21063-N......................  Cobham Mission Systems    173.302a(a)(1)..........  To authorize the
                                Orchard Park Inc.                                   transportation in commerce
                                                                                of certain gases in non-
                                                                                refillable, non-DOT
                                                                                specification cylinders.
                                                                                (modes 1, 2, 3, 4).
21065-N......................  Advance Stores Company    172.704, 173.159........  To authorize the
                                Incorporated.                                       transportation in commerce
                                                                                of lead acid batteries and
                                                                                limited quantities of
                                                                                hazardous materials by third-
                                                                                party delivery services
                                                                                without requiring carrier
                                                                                training. (mode 1).
21067-N......................  Stainless Tank &          178.345-2...............  To authorize the manufacture,
                                Equipment Co., LLC.                                 mark, sale, and use of DOT
                                                                                400 series cargo tanks
                                                                                fabricated using materials
                                                                                not authorized in 178.345-2.
                                                                                (mode 1).
21068-N......................  FirePro Systems Limited.  173.166.................  To authorize the
                                                                                transportation in commerce
                                                                                of fire extinguishing
                                                                                products which are classed
                                                                                as Safety Devices. (modes 1,
                                                                                2, 3, 4).
21069-N......................  Catalina Cylinders, Inc.  173.302a, 178.71(l)(1)..  To authorize the manufacture,
                                                                                mark, sale, and use of non-
                                                                                DOT specification cylinders.
                                                                                (modes 1, 2, 3, 4).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2020-14618 Filed 7-7-20; 8:45 am]
BILLING CODE P


[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Notices]
[Page 17654]
[FR Doc No: 2021-07081]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:30 p.m. on Thursday, April 1, 2021.

PLACE:  The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED:  Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:
    Matters related to litigation; and
    Other matters relating to examinations and enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

     Dated: April 1, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021-07081 Filed 4-1-21; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register: May 20, 2009 (Volume 74, Number 96)]
[Proposed Rules]
[Page 23664-23668]
[DOCID:fr20my09-23]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0452; Directorate Identifier 2007-NM-326-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-100, -200, -200C, -
300, -400, and -500 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to all Boeing Model 737-100, -200, -200C, -
300, -400, and -500 series airplanes. The existing AD currently
requires a one-time inspection for scribe lines and cracks in the
fuselage skin at certain lap joints, butt joints, external repair
doublers, and other areas; and related investigative/corrective actions
if necessary. This proposed AD would expand the area to be inspected
and, for certain airplanes, require earlier inspections for certain
inspection zones. This proposed AD results from additional detailed
analysis of fuselage skin cracks adjacent to the skin lap joints on
airplanes that had scribe lines; the analysis resulted in different
inspection zones, thresholds and repetitive intervals, and airplane
groupings. We are proposing this AD to prevent rapid decompression of
the airplane due to fatigue cracks resulting from scribe lines on
pressurized fuselage structure.

DATE: We must receive comments on this proposed AD by July 6, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, Washington 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet
https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER> or 425-227-
1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 917-6447; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0452;
Directorate Identifier 2007-NM-326-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On March 20, 2006, we issued AD 2006-07-12, amendment 39-14539 (71
FR 16211, March 31, 2006), for all Boeing Model 737-100, -200, -200C, -
300, -400, and -500 series airplanes. That AD requires a one-time
inspection for scribe lines and cracks in the fuselage skin at certain
lap joints, butt joints, external repair doublers, and other areas; and
related investigative/corrective actions if necessary. That AD resulted
from reports of fuselage skin cracks adjacent to the skin lap joints on
airplanes that had scribe lines. Scribe line damage can also occur at
many other locations, including butt joints, external doublers, door
scuff plates, the wing-to-body fairing, and areas of the fuselage where
decals have been applied or removed. We issued that AD to prevent rapid
decompression of the airplane due to fatigue cracks resulting from
scribe lines on pressurized fuselage structure.

Related ADs

    This proposed AD is similar to AD 2007-19-07, amendment 39-15198
(72 FR 60244, October 24, 2007), which applies to all Boeing Model 757-
200, -200PF, and -200CB series airplanes. That AD requires inspections
to detect scribe lines in the fuselage skin at certain lap joints, butt
joints, external repair doublers, and other areas; and related
investigative/corrective actions if necessary. Those actions resulted
from reports of fuselage skin cracks adjacent to the skin lap joints on
airplanes that had scribe lines.

Actions Since Existing AD Was Issued

    AD 2006-07-12 cites Boeing Alert Service Bulletin 737-53A1262,
dated December 9, 2004, as the appropriate source of service
information for the scribe line inspection. Since we issued that AD,
Boeing issued Alert Service Bulletin 737-53A1262, Revision 3, dated
October 16, 2008. Revisions to the service bulletin were based on
additional detailed analysis that indicated the need to inspect some
affected areas of the skin. In addition, based on the additional
analysis, the service bulletin establishes two new inspection zones,
Zone 4 and Zone 5, with thresholds of 50,000 and 60,000 flight cycles,
respectively, since first scribe opportunity. The revised service
bulletin designated certain areas of fuselage skin into other
inspection zones, and some of those areas might now require inspections
earlier than required by the existing AD. These areas are to be
inspected within 4,500 flight cycles from the effective date of the new
AD or prior to the revised zonal threshold, whichever is later.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to develop on other airplanes of the
same type design. For this reason, we are proposing this AD, which
would supersede AD 2006-07-12 and retain the requirements of the
existing AD, require inspection of newly added Zones 4 and 5, reduce
certain compliance thresholds, and require inspection results to be
sent to Boeing.
    In addition, we have moved the content of paragraph (p)(4) of AD
2006-07-12 (from its location under the ``Alternative Methods of
Compliance'' heading) to new paragraph (w) in this NPRM. New paragraph
(w) specifies that a repair plan approved by a Boeing Company
Authorized Representative or Designated Engineering Representative is
acceptable for compliance with certain repair requirements of the
proposed AD (provided certain conditions have been met). The provisions
in paragraph (w) are considered a different repair method--not an
alternative method of compliance (AMOC), which can be issued only after
an AD has been issued.

Differences Between Proposed AD and Service Bulletin

    Boeing Alert Service Bulletin 737-53A1262, Revision 3, dated
October 16, 2008, specifies to contact the manufacturer for
instructions on how to repair certain conditions, but this proposed AD
would require repairing those conditions in one of the following ways:
     Using a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by an Authorized Representative
for the Boeing Commercial Airplanes Delegation Option Authorization
Organization whom we have authorized to make those findings.

Costs of Compliance

    There are about 2,685 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs,
including the costs for the new proposed inspection areas in Zones 4
and 5, for U.S. operators to comply with this proposed AD.

                                                        Estimated Costs Required by AD 2006-07-12
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
                Zone                                Action                  Work hours     Average labor     Cost per       registered      Fleet cost
                                                                                rate per hour     airplane        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
1...................................  Sealant removal...................              66             $80          $5,280             787      $4,155,360
                                      Inspection........................               4              80             320             787         251,840
2...................................  Sealant removal...................              38              80           3,040             787       2,392,480
                                      Inspection........................              29              80           2,320             787       1,825,840
3...................................  Sealant removal...................              88              80           7,040             787       5,540,480
                                      Inspection........................              38              80           3,040             787       2,392,480
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                   Estimated Costs Required by New Actions of This AD
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
                Zone                                Action                  Work hours     Average labor     Cost per       registered      Fleet cost
                                                                                rate per hour     airplane        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
4...................................  Sealant removal...................              15             $80          $1,200             787        $944,400
                                      Inspection........................               1              80              80             787          62,960
5...................................  Sealant removal...................              31              80           2,480             787       1,951,760
                                      Inspection........................               2              80             160             787         125,920
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 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 proposed AD 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, Incorporation by
reference, 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.

Sec.  39.13  [Amended]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-14539 (71 FR 16211, March 31, 2006) and adding
the following new airworthiness directive (AD):

Boeing: Docket No. FAA-2009-0452; Directorate Identifier 2007-NM-
326-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by July 6,
2009.

Affected ADs

    (b) This AD supersedes AD 2006-07-12.

Applicability

    (c) This AD applies to all Boeing Model 737-100, -200, -200C, -
300, -400, and -500 series airplanes, certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 53:
Fuselage.

Unsafe Condition

    (e) This AD results from reports of fuselage skin cracks
adjacent to the skin lap joints on airplanes that had scribe lines.
Scribe line damage can also occur at many other locations, including
butt joints, external doublers, door scuff plates, the wing-to-body
fairing, and areas of the fuselage where decals have been applied or
removed. We are issuing this AD to prevent rapid decompression of
the airplane due to fatigue cracks resulting from scribe lines on
pressurized fuselage structure.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of Requirements of AD 2006-07-12

Inspection

    (g) Do a detailed inspection for scribe lines and cracks in the
fuselage skin at certain lap joints, butt joints, external repair
doublers, and other areas, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1262, dated
December 9, 2004, except as provided by paragraphs (h), (k), (l),
(m), (n), and (o) of this AD. Except as required by paragraph (q) of
this AD, do the actions at the time specified in paragraph 1.E.,
``Compliance,'' of the service bulletin, except as required by
paragraph (j) of this AD. Acceptable inspection exemptions are
described in paragraph 1.E.1. of Boeing Alert Service Bulletin 737-
53A1262, dated December 9, 2004.
    (1) If no scribe line is found, no further work is required by
this paragraph.
    (2) If any scribe line is found: Do all applicable investigative
and corrective actions at the time specified in paragraph 1.E. of
Boeing Alert Service Bulletin 737-53A1262, dated December 9, 2004,
by doing all applicable actions specified in the service bulletin,
except as required by paragraph (h) of this AD.

    Note 1: A detailed inspection is defined in Note 10 of Boeing
Alert Service Bulletin 737-53A1262, dated December 9, 2004, under
paragraph 3.A., ``General Information.'' Specific magnification
requirements may be specified in the steps of the Work Instructions.

Exceptions to and Clarification of Service Bulletin 737-53A1262
Procedures

    (h) Paragraph (g) of this AD requires accomplishment of Parts 1
through 11 of Boeing Alert Service Bulletin 737-53A1262, dated
December 9, 2004. Parts 12 and 13 of the service bulletin may be
accomplished, if applicable, to allow temporary return to service.
This AD does not require accomplishment of Part 14 of the service
bulletin, although the FAA-approved procedures described in Part 14
are acceptable for continued operation with scribe lines found
before the applicable compliance time.
    (i) If any scribe line or crack is found during any inspection
required by paragraph (g) of this AD, and Boeing Alert Service
Bulletin 737-53A1262, dated December 9, 2004, specifies to contact
Boeing for appropriate action: Before further flight, inspect or
repair scribe lines and repair cracks using a method approved in
accordance with the procedures specified in paragraph (x) of this
AD.
    (j) Where Boeing Alert Service Bulletin 737-53A1262, dated
December 9, 2004, specifies a compliance time after the issuance of
the service bulletin, this AD requires compliance within the
specified compliance time after May 5, 2006 (the effective date of
AD 2006-07-12).
    (k) Certain figures are incorrectly identified in Boeing Alert
Service Bulletin 737-53A1262, dated December 9, 2004. The figure
cited in Part 8, step 3, should be Figure 39, not Figure 38. The
figure cited in Part 9, step 4, should be Figure 38, not Figure 39.
    (l) If the operator's records show that the airplane has never
been stripped and repainted under the dorsal fin fairing since
delivery from Boeing, then this AD does not require inspections of
the butt joint, lap joint, and repair, as specified in paragraph (g)
of this AD, in the areas under the dorsal fin fairing.
    (m) Figure 37 of Boeing Alert Service Bulletin 737-53A1262,
dated December 9, 2004, defines ``Restricted Zones'' at door cutouts
as the only affected structure. Paragraph (g) of this AD considers
this area to also include Zone 1B.
    (n) In Figure 1, sheets 2 and 3, of Boeing Service Bulletin 737-
53A1262, dated December 9, 2004, the first condition for the initial
compliance threshold for Areas B, C, and E is for areas where the
cutout modification shown in Boeing Service Bulletin 737-53A1177 was
accomplished. Paragraph (g) of this AD considers this condition to
also include Zone 1B.
    (o) In Figure 1, sheets 2 and 3, of Boeing Alert Service
Bulletin 737-53A1262, dated December 9, 2004, the second condition
for the initial compliance threshold for Areas B, C, and E is for
areas where the cutout modification shown in Boeing Service Bulletin
737-53A1177 was not accomplished. Paragraph (g) of this AD considers
this condition to apply only to Zone 1A.

Reporting Requirement

    (p) For airplanes on which inspections have been done in
accordance with Boeing Alert Service Bulletin 737-53A1262, dated
December 9, 2004: At the applicable time specified in paragraph
(p)(1) or (p)(2) of this AD, submit a report of positive findings of
cracks found during the inspection required by paragraph (g) of this
AD to the Boeing Commercial Airplane Group, P.O. Box 3707, Seattle,
Washington 98124-2207. Alternatively, operators may submit reports
to their Boeing field service representatives. The report shall
contain, as a minimum, the following information: airplane serial
number, flight cycles at time of discovery, location(s) and extent
of positive crack findings. Under the provisions of the Paperwork
Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has approved the information collection
requirements contained in this AD and has assigned OMB Control
Number 2120-0056.
    (1) If the inspection was done before May 5, 2006: Send the
report within 30 days after May 5, 2006.
    (2) If the inspection was done after May 5, 2006: Send the
report within 30 days after the inspection is done.

New Requirements of This AD

Inspection

    (q) As of the effective date of this AD, the actions for Zones
1, 2, and 3, as specified in paragraph (g) of this AD, must be done
in accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1262, Revision 3, dated October 16, 2008,
and at the applicable times specified in paragraph 1.E.,
``Compliance,'' of Revision 3 of the service bulletin, except as
specified in paragraph (s) of this AD.

    Note 2:  Paragraph 1.E.5. of Boeing Alert Service Bulletin 737-
53A1262, Revision 3, dated October 16, 2008, provides a grace period
for airplanes that have exceeded the revised thresholds.

Inspection of Zones 4 and 5

    (r) Do a detailed inspection for scribe lines and cracks in
Zones 4 and 5 (adjacent to lap joints on skin panels that do not
have bonded doublers), as specified in Boeing Alert Service Bulletin
737-53A1262, Revision 3, dated October 16, 2008. Except as provided
by paragraph (s) of this AD, do the actions in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
53A1262, Revision 3, dated October 16, 2008, and at the applicable
time specified in paragraph 1.E., ``Compliance,'' of the service
bulletin, or within 4,500 flight cycles after the effective date of
this AD, whichever occurs later.
    (1) If no scribe line or crack is found: No further work is
required by this paragraph.
    (2) If any scribe line or crack is found: Do all applicable
investigative and corrective actions at the time specified in
paragraph 1.E. of Boeing Alert Service Bulletin 737-53A1262,
Revision 3, dated October 16, 2008, by doing all applicable actions
specified in the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-53A1262, Revision 3, dated October 16, 2008, except as
required by paragraph (s)(1) of this AD.

Exceptions to Specifications of Boeing Alert Service Bulletin 737-
53A1262, Revision 3, Dated October 16, 2008

    (s) The following exceptions to Boeing Alert Service Bulletin
737-53A1262, Revision 3, dated October 16, 2008, apply to this AD:
    (1) If any scribe line or crack is found during any inspection
required by this AD, and Boeing Alert Service Bulletin 737-53A1262,
Revision 3, dated October 16, 2008, specifies to contact Boeing for
appropriate action: Before further flight, inspect or repair scribe
lines and repair cracks using a method approved in accordance with
the procedures specified in paragraph (x) of this AD.
    (2) Where Boeing Alert Service Bulletin 737-53A1262, Revision 3,
dated October 16, 2008, specifies a compliance time after the
issuance of the service bulletin, this AD requires compliance within
the specified compliance time after the effective date of this AD.
    (3) If the operator's records show that the airplane has never
been stripped and repainted under the dorsal fin fairing since
delivery from Boeing, then this AD does not require inspections of
the butt joint, lap joint, and repair, as specified in paragraphs
(g), (q), and (r) of this AD, in the areas under the dorsal fin
fairing.
    (4) For airplanes in Groups 3 and 29, as identified in Boeing
Alert Service Bulletin 737-53A1262, Revision 3, dated October 16,
2008: At the applicable times specified in paragraphs (s)(4)(i),
(s)(4)(ii), and (s)(4)(iii) of this AD, perform a detailed
inspection for scribe lines and cracks on the main cargo door along
the lower edge of the upper hinge, around external repairs, and
around decals, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 737-53A1262, Revision 3, dated October
16, 2008, or using a method approved in accordance with the
procedures specified in paragraph (x) of this AD. If no scribe line
or crack is found, no further work is required by this paragraph. If
any scribe line or crack is found, do all applicable related
investigative and corrective actions at the time specified in
paragraph 1.E. of Boeing Alert Service Bulletin 737-53A1262,
Revision 3, dated October 16, 2008, by doing all applicable actions
specified in the Accomplishment Instructions of the service
bulletin, except as required by paragraphs (s)(1), (s)(2), and
(s)(3) of this AD.
    (i) For areas along the lower edge of the door hinge from BS 360
to BS 500, the initial compliance threshold is to be determined
using Zone 1B.
    (ii) For external repairs, the initial compliance threshold is
to be determined using Zone 1B.
    (iii) For decals, the initial compliance threshold is to be
determined using Zone 2.
    (5) For Group 11 airplanes, as specified in Boeing Alert Service
Bulletin 737-53A1262, Revision 3, dated October 16, 2008: Stringer
20R between BS 727C and BS 727D+10 is in Zone 1B.

Actions Accomplished in Accordance With Previous Service Information

    (t)(1) Actions accomplished before the effective date of this AD
in accordance with Boeing Alert Service Bulletin 737-53A1262, dated
December 9, 2004, are acceptable for compliance with the
corresponding requirements of paragraph (q) of this AD.
    (2) Actions accomplished before the effective date of this AD in
accordance with the Boeing Service Bulletin 737-53A1262, Revision 1,
dated March 1, 2007; or Revision 2, dated September 20, 2007; are
acceptable for compliance with the corresponding requirements of
paragraphs (g), (q), and (r) of this AD.

Clarification of Procedures in the Service Bulletin

    (u) For airplanes on which inspections are done as of the
effective date of this AD: This AD requires accomplishment of Parts
1 through 11, 15, and 16 of Boeing Alert Service Bulletin 737-
53A1262, Revision 3, dated October 16, 2008. Parts 12 and 13 of
Boeing Alert Service Bulletin 737-53A1262, Revision 3, dated October
16, 2008, may be accomplished, if applicable, to allow temporary
return to service. This AD does not require accomplishment of Part
14 of Boeing Alert Service Bulletin 737-53A1262, Revision 3, dated
October 16, 2008, although the FAA-approved procedures described in
Part 14 are acceptable for continued operation with scribe lines
found before the applicable compliance time.

Report

    (v) For airplanes on which inspections are done in accordance
with the service information identified in Table 1 of this AD: At
the applicable time specified in paragraph (v)(1) or (v)(2) of this
AD, submit a report of positive findings of cracks found during the
inspections required by paragraphs (q), (r), and (s)(4) of this AD
to the Boeing Commercial Airplane Group, P.O. Box 3707, Seattle,
Washington 98124-2207. Alternatively, operators may submit reports
to their Boeing field service representatives. The report must
contain, as a minimum, the following information: airplane serial
number, flight cycles at time of discovery, location(s) and extent
of positive crack findings. Under the provisions of the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and
Budget (OMB) has approved the information collection requirements
contained in this AD and has assigned OMB Control Number 2120-0056.
    (1) For an inspection done before the effective date of this AD:
Send the report within 30 days after the effective date of this AD.
    (2) For an inspection done after the effective date of this AD:
Send the report within 30 days after the inspection is done.

                                          Table 1--Service Information
----------------------------------------------------------------------------------------------------------------
          Boeing service information               Revision                           Date
----------------------------------------------------------------------------------------------------------------
Alert Service Bulletin 737-53A1262............               3  October 16, 2008.
Service Bulletin 737-53A1262..................               1  March 1, 2007.
Service Bulletin 737-53A1262..................               2  September 20, 2007.
----------------------------------------------------------------------------------------------------------------

Repair Plan In Lieu of Required Inspections

    (w) A repair plan approved by a Boeing Company Authorized
Representative or Designated Engineering Representative before the
effective date of this AD is acceptable for compliance with the
requirements of paragraphs (g)(2), (i), (q), (r), (s)(1), and (s)(4)
of this AD, provided the approval was documented via FAA Form 8110-3
or 8100-9, and identified scribe line damage in the title of the
form.

Alternative Methods of Compliance (AMOCs)

    (x)(1) The Manager, Seattle ACO, FAA, has the authority to
approve AMOCs for this AD, if requested in accordance with the
procedures found in 14 CFR 39.19. Send information to ATTN: Wayne
Lockett, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD, if it is approved by an
Authorized Representative (AR) for the Boeing Commercial Airplanes
Delegation Option Authorization Organization who has been authorized
by the Manager, Seattle ACO, to make those findings. For a repair
method to be approved, the approval must meet the certification
basis of the airplane, and the approval must specifically refer to
this AD.

    Issued in Renton, WA, on May 6, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-11707 Filed 5-19-09; 8:45 am]

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[Federal Register: December 12, 2005 (Volume 70, Number 237)]
[Notices]
[Page 73467]
[DOCID:fr12de05-64]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-126-000]

Southern Natural Gas Company; Notice of Revised Tariff Sheets

December 6, 2005.
    Take notice that on November 30, 2005, Southern Natural Gas Company
(Southern) tendered for filing as part of its FERC Gas Tariff, Seventh
Revised Volume No. 1, the following tariff sheets, to become effective
January 1, 2006.

Sixty-Sixth Revised Sheet No. 14.
Eighty-Seventh Revised Sheet No. 15.
Sixty-Sixth Revised Sheet No. 16.
Eighty-Seventh Revised Sheet No. 17.
Fiftieth Revised Sheet No. 18.
Fifth Revised Sheet No. 26.
Fourth Revised Sheet No. 27.
Fourth Revised Sheet No. 28.
Forty-Fourth Revised Sheet No. 29.

    Southern states that copies of the filing were served upon
Southern's customers and interested state commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-7226 Filed 12-9-05; 8:45 am]

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[Federal Register: July 22, 2008 (Volume 73, Number 141)]
[Notices]
[Page 42560]
[DOCID:fr22jy08-39]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER08-1195-000]

Red Hills Wind Project, L.L.C.; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

July 11, 2008.
    This is a supplemental notice in the above-referenced proceeding of
Red Hills Wind Project, L.L.C.'s application for market-based rate
authority, with an accompanying rate schedule, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 31, 2008.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-16697 Filed 7-21-08; 8:45 am]

BILLING CODE 6717-01-P