[Federal Register: September 22, 2009 (Volume 74, Number 182)]
[Rules and Regulations]
[Page 48153-48156]
[DOCID:fr22se09-7]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-HQ-OAR-2003-0062; FRL-8961-1]

Implementation of the New Source Review (NSR) Program for
Particulate Matter Less Than 2.5 Micrometers (PM2.5); Final
Rule To Stay the Grandfathering Provision for PM2.5

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule

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SUMMARY: In this final action, EPA is issuing a stay, for nine months,
on the ``grandfathering'' provision for particulate matter less than
2.5 micrometers (PM2.5) requirements in the Federal
Prevention of Significant Deterioration (PSD) program. The
grandfathering provision was added to the Federal PSD regulations on
May 16, 2008, as part of the final rule titled, ``Implementation of the
New Source Review (NSR) Program for Particulate Matter Less Than 2.5
Micrometers (PM2.5).'' This stay follows an administrative
stay, which was in effect from June 1, 2009, until September 1, 2009,
on the same provision. We believe this additional stay will provide
sufficient time for EPA to propose, take public comment on, and issue a
final action concerning the repeal of the grandfathering provision for
PM2.5 in the Federal PSD program.

DATES: Effective September 22, 2009, 40 CFR 52.21(i)(1)(xi) is stayed
for a period of nine months, until June 22, 2010.

ADDRESSES: Docket: All documents in the docket are listed in the http:/
/www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://
www.regulations.gov or in hard copy at the EPA Docket Center, Public
Reading Room, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC, 20460. The Public Reading Room is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the Air Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. Dan deRoeck, Air Quality Policy
Division, (C504-03), U.S. Environmental Protection Agency, Research
Triangle Park, NC 27711; telephone number<PHONE_NUMBER>; fax number
(919) 541-5509; or e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    Entities affected by this final action are the owners and operators
of proposed new sources and modifications who submitted a complete
application for a PSD permit before the July 15, 2008 effective date of
the PM2.5 NSR Implementation Rule, but have not yet received
their permit to construct. EPA has estimated that fewer than 20
proposed sources are covered by the grandfathering provision that is
being stayed.
    Additional entities affected by this final rule include State and
local reviewing authorities responsible for issuing the PSD permits to
the new and modified major stationary sources affected by this rule.

B. Where can I get a copy of this document and other related
information?

    In addition to being available in the docket, an electronic copy of
this final rule is also available on the World Wide Web in the
regulations and standards section of our NSR home page located at
http://www.epa.gov/nsr.

C. How is this preamble organized?

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related
information?
    C. How is this preamble organized?
II. This Action
    A. Background
    B. Final Rule
    C. Comments and Responses
    D. Basis for Making This Rule Effective on the Date of
Publication
III. Statutory and Executive Order Review
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Determination Under Section 307(d)
    L. The Congressional Review Act
    M. Basis for Making This Rule Effective on the Date of
Publication
IV. Statutory Authority

II. This Action

A. Background

    On May 16, 2008, the EPA (``we'') issued a final rule amending our
PSD and nonattainment NSR regulations to add requirements for the
preconstruction review of PM2.5. 73 FR 28321. The amendments
addressed the major source threshold, significant emissions rate and
offset ratios for PM2.5; interpollutant trading for offsets;
and applicability of NSR to PM2.5 precursors. The rule also
provided for the transition of the new requirements for
PM2.5 in the NSR permitting process.
    On February 10, 2009, Earthjustice, on behalf of the Natural
Resources Defense Council (NRDC) and Sierra Club, submitted a petition
for reconsideration of four specific provisions of the May 2008 final
rule as provided for in Clean Air Act (CAA) 307(d)(7)(B).\1\ The
specific provisions challenged by the petitioners include: (1) A
transition period for PSD programs in States with approved PSD rules in
their approved State Implementation Plans (SIPs) to revise and submit
their new PM2.5 regulations to EPA within three years of the
publication of the final rule. During the transition period, the rule
allows States to continue using EPA's 1997 surrogate policy by which an
analysis based on PM10 can be used to meet the requirements
for the otherwise required PM2.5; (2) ``grandfathering''
under the Federal PSD program for permit applications submitted before
the July 15, 2008, effective date of the new rule, which allows the
PM10 surrogate policy to continue to be used as the basis
for approving such permits for PM2.5; (3) a transition
period, during which time EPA is re-evaluating its test methods for
condensable particulate matter (CPM) emissions, whereby States are not
required to account for CPM in the permitting process; and (4) use of
recommended interpollutant trading ratios to facilitate the trading of
PM2.5 precursors emissions reductions for new

emissions of PM2.5 in areas designated ``nonattainment'' for
PM2.5.
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    \1\ Paul Cort, Earthjustice, on behalf of the NRDC and Sierra
Club, EPA-HQ-OAR-2003-0062-0281.
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    Under CAA 307(d)(7)(B), the Administrator may commence a
reconsideration proceeding if the petitioner raises an objection to a
rule that was impracticable to raise during the comment period or if
the grounds for the objection arose after the comment period. In either
case, the objection must be of central relevance to the outcome of the
rule. The Administrator may stay the effectiveness of the rule for up
to three months during such reconsideration.
    On April 24, 2009, we responded to the February 10, 2009 petition
by letter indicating that we were convening a reconsideration
proceeding for all four issues challenged in the petition and granting
a 3-month administrative stay of one of the provisions--the
grandfathering provision for PM2.5 contained in the Federal
PSD program at 40 CFR 52.21(i)(1)(xi). The letter also indicated that
we would publish a notice of proposed rulemaking ``in the near future''
to propose repealing the grandfathering provision for PM2.5
in the Federal PSD program, on the grounds that it was adopted without
prior public notice and is no longer substantially justified in light
of the resolution of technical issues with respect to PM2.5
monitoring, emissions estimation, and air quality modeling that led to
the PM10 surrogate policy in 1997.
    The administrative stay of the grandfathering provision for
PM2.5 was issued and became effective on June 1, 2009. See
74 FR 26098, FR Doc. E9-12575. As noted above, our authority to stay a
rule or portion thereof solely under the Administrator's discretion is
limited to three months. When we have issued similar administrative
stays in the past, it has often been our practice to also propose an
extension of the stay through a rulemaking process to ensure that there
is little or no gap between the end of the stay and the completion of
the final action.\2\
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    \2\ The use of the word ``extension'' and other forms of
``extend'' in discussing the stays that follow an administrative
stay is not intended to indicate that EPA is extending the
administrative stay beyond the 3-month period authorized by CAA
307(d)(7)(B). The second stay is a separate stay, and only
``extends'' the initial administrative stay in the sense that the
second stay adds to the overall time period during which the
provision is stayed.
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B. Final Rule

    In this final rule we are staying the grandfathering provision in
the Federal PSD regulations for nine months. As described above, the
same provision was administratively stayed for 3 months; however, that
stay ended on September 1, 2009. Thus, there is a slight gap between
the lapse of the administrative stay and the stay being issued under
this final action. Nevertheless, we believe that the additional stay is
needed and will provide adequate time for EPA to propose, take comment
on, and issue a final action on issues that are associated with the
grandfathering provision for PM2.5 that we are proposing to
repeal. Therefore, we are issuing this stay of the grandfathering
provision for PM2.5 contained in the Federal PSD program at
40 CFR 52.21(i)(1)(xi) for nine months, until June 22, 2010.

C. Comments and Responses

    When we proposed this stay on July 23, 2009, we did not take
comment on any substantive issues concerning the repeal of the
grandfathering provision for PM2.5 contained in the Federal
PSD program, or on any of the other provisions subject to the
reconsideration. Comments sought were to be limited to the issue of
whether to establish this additional stay and how long this stay should
be. 74 FR 36427 at 36429.
    We received three comments on the proposal to establish this
further stay on the grandfathering provision under the Federal PSD
program. Only one of these comments, from an environmental
organization, explicitly addressed the proposed stay. This comment
supported the 9-month stay for several reasons. First, the commenter
correctly pointed out that the exemption was promulgated in the final
rule without undergoing notice and comment. Second, the commenter
claimed that the grandfathering provision for PM2.5 violates
the CAA by waiving a core requirement of the CAA that assures source
compliance with the national ambient air quality standards. In this
regard, the commenter claimed that ``There is simply no legal argument
that compliance with the 24-hour PM10 standard * * *
represents a demonstration that the source will not cause or contribute
to a violation of either the annual or 24-hour PM2.5
standards.'' Finally, the commenter claimed that the exemption is
arbitrary and capricious. In support of this claim, the commenter
indicated that the technical issues raised in the 1997 Surrogate Policy
memo have been resolved, and the continued use of a surrogate ``is not
in fact an accurate and reliable substitute for measuring or showing
compliance with the PM2.5 standard.''
    One commenter apparently misunderstood the proposal to be an
extension of the grandfathering provision rather than a continuation of
the stay of the provision. Based on this misunderstanding, the
commenter appeared to support the grandfathering provision and an
extension to it. The remaining commenter did not comment specifically
on the proposed extension, but instead called upon EPA to ``stop the
proliferation of fine particulate matter.''
    We agree with the environmental organization commenter that the
grandfathering provision for PM2.5 was not proposed for
comment in the November 2005 PM2.5 Implementation Rule
proposal. This was acknowledged in the Administrator's April 24 letter
responding to the petitioners. With regard to this commenter's other
concerns, we plan to issue a separate Federal Register notice
soliciting comments on issues related to (1) the repeal of the
grandfathering provision for PM2.5 contained in the Federal
PSD program, and (2) ending the PM10 Surrogate Policy in
States with EPA-approved PSD programs in their SIP. In yet another
subsequent notice, we plan to solicit comment on issues related to the
remaining two provisions of the May 2008 final rule for which the
Administrator granted reconsideration.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). This action only issues a stay of
one provision within the final PM2.5 NSR Implementation Rule for 9
months.
    However, the Office of Management and Budget (OMB) has previously
approved the information collection requirements contained in the
existing regulations under the provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. and has assigned OMB control number 2060-
0033 [EPA ICR No. 1230.21]. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare

a regulatory flexibility analysis of any rule subject to notice and
comment rulemaking requirements under the Administrative Procedure Act
or any other statute unless the agency certifies that the rule will not
have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
    For purposes of assessing the impacts of this final rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of this proposed rule on
small entities, I certify that this rule will not impose any new
requirements on small entities. We have determined that small
businesses will not incur any adverse impacts because EPA is taking
this action to issue a stay of one amendment to the regulations at 40
CFR 52.21 concerning the grandfathering provision that affects fewer
than 20 major stationary sources. No costs are associated with this
amendment.

D. Unfunded Mandates Reform Act

    This action does not contain a Federal mandate under the provisions
of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538 for State, local, and tribal governments, in the
aggregate, or the private sector in any one year. This action only
stays one provision of the regulations at 40 CFR 52.21 concerning the
grandfathering provision that affects fewer than 20 sources. Thus, this
rule is not subject to the requirements of sections 202 or 205 of the
Unfunded Mandates Reform Act (UMRA).
    This final rule is also not subject to the requirements of section
203 of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This final rule does not have federalism implications. It will not
have substantial direct effects 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,
as specified in EO 13132. This action only stays one provision of the
regulations at 40 CFR 52.21 concerning the grandfathering provision for
PM2.5 that affects fewer than 20 sources. Thus, EO 13132
does not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in EO
13175 (65 FR 67249, November 9, 2000). This action will not impose any
new obligations or enforceable duties on tribal governments. Thus, EO
13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because this rule stays one provision of the regulations at 40
CFR 52.21 concerning the grandfathering provision for PM2.5
that affects fewer than 20 sources.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the Executive Order.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This final rulemaking does not involve technical standards.
Therefore, EPA is not using any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority and/or low income populations. The rule stays one
part of the regulations at 40 CFR 52.21 by staying the grandfathering
provision for PM2.5. The affected sources, after further
analysis and data collection, may receive permitted emissions limits
that are equally or more protective of public health than would be
likely in the absence of this stay.

K. Determination Under Section 307(d)

    Pursuant to sections 307(d)(1)(J) and 307(d)(1)(V) of the CAA, the
Administrator determines that this action is subject to the provisions
of section 307(d). Section 307(d)(1)(V) provides that the provisions of
section 307(d) apply to ``such other actions as the Administrator may
determine.''

L. The Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective September 22, 2009.

M. Basis for Making This Rule Effective on the Date of Publication

    Section 553(d) of the Administrative Procedure Act (APA), 5 U.S.C.
553(b), generally provides that rules may not take effect earlier than
30 days after they are published in the Federal Register. However, EPA
is issuing this final rule under section 307(d)(1) of the CAA, which
states:

    The provisions of section 553 through 557 * * * of Title 5 shall
not, except as expressly provided in this section, apply to actions
to which this subsection applies.

Thus, section 553(d) of the APA does not apply to this rule. EPA is
nevertheless acting consistently with the policies underlying APA
section 553(d) in making this rule effective on the date of
publication. APA section 553(d)(3) provides an exception when the
agency finds good cause exists for a period less than 30 days before
effectiveness. We find good cause exists to make this rule effective
upon publication because doing so alleviates potential administrative
and regulatory confusion that could arise if the gap between the
administrative stay that ended on September 1, 2009 and this stay were
30 days longer.

IV. Statutory Authority

    The statutory authority for this action is provided by section
301(a) of the CAA as amended (42 U.S.C. 7601(a)). This notice is also
subject to section 307(d) of the CAA (42 U.S.C. 7407(d)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practices and procedures,
Air pollution control, Intergovernmental relations.

    Dated: September 16, 2009.
Lisa P. Jackson,
Administrator.

0
For reasons discussed in the preamble, the EPA amends 40 CFR part 52 as
follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Sec.  52.21  [Amended]

0
2. Effective September 22, 2009, in Sec.  52.21, paragraph (i)(1)(xi)
is stayed until June 22, 2010.

[FR Doc. E9-22903 Filed 9-21-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: October 22, 2008 (Volume 73, Number 205)]
[Notices]
[Page 62976]
[DOCID:fr22oc08-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 11480-010]

Haida Corporation; Notice of Request for Extension of Time To
Commence and Complete Project Construction and Soliciting Comments,
Motions To Intervene, and Protests

October 15, 2008.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Request for Extension of Time.
    b. Project No.: 11480-010.
    c. Date Filed: July 23, 2008.
    d. Applicant: Haida Corporation.
    e. Name of Project: Upper Reynolds Creek Hydroelectric Project.
    f. Location: On Reynolds Creek, near the town of Hydaburg, Copper
River Meridian, Prince of Wales, in the Ketchikan Borough recording
district, Alaska.
    g. Pursuant to: Public Law 109-297, 120 STAT. 1471.
    h. Applicant Contact: Donald H. Clarke, Law Offices of GKRSE, 1500
K Street, NW., Suite 330, Washington, DC 20005;<PHONE_NUMBER>.
    i. FERC Contact: Diane M. Murray, Telephone:<PHONE_NUMBER> and e-
mail<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: November 17, 2008.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Please include the project number (P-11480-010)
on any comments.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    k. Description of Request: The licensee requests that the
Commission grant a two-year extension of time from the existing
deadlines to commence and complete project construction of the Reynolds
Creek Hydroelectric Project. This will be the last 2-year extension of
three authorized by Public Law No. 109-297. The requested new deadlines
would be October 24, 2010, and October 24, 2012, to commence and
complete construction, respectively.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call toll-free 1-866-208-3676
or e-mail<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A
copy is also available for inspection and reproduction at the address
in item h. above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
and .214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests, and interventions may be filed
electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
at http://www.ferc.gov under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-25087 Filed 10-21-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: September 25, 2007 (Volume 72, Number 185)]
[Notices]
[Page 54489-54495]
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56465; File No. SR-Amex-2006-96]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing of a Proposed Rule Change, as Modified by Amendments
No. 1, 2, 3, 4, 5, and 6 Thereto, Relating to the Listing and Trading
of Shares of the Nuveen Commodities Income and Growth Fund

 September 19, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on October 12, 2006, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Exchange. On March 2, 2007, March 21, 2007, May 14, 2007, August 15,
2007, August 28, 2007, and September 17, 2007 the Amex submitted
Amendment Nos. 1, 2, 3, 4, 5, and 6, respectively, to the proposed rule
change. The Commission is publishing this notice to solicit comments on
the proposed rule change, as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to add new Amex rules 1600 et seq. to permit
the listing and trading of units of a trust or other similar entity
(``Trust Units'') that invests in the assets of a trust, partnership,
limited liability company, corporation or other similar entity
constituted as a commodity pool that holds investments comprising or
otherwise based on futures contracts, options on futures contracts,
forward contracts, commodities and high credit quality short-term fixed
income securities or other securities. The Exchange, pursuant to
proposed Rule 1600 et seq., seeks to list and trade Trust Units of the
Nuveen Commodities Income and Growth Fund (the ``Trust'' or ``Fund'').
The Trust Units of the Fund are referred to herein as the ``Shares.''
    The text of the proposed rule change is available at the Amex, the
Commission's Public Reference Room, and http://www.amex.com.

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 Amex 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 IV below. The Amex has substantially prepared summaries, set forth
in Sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to add new Amex rules 1600 et seq. which will
permit the listing and trading of Trust Units. Specifically, the Amex
proposes to list and trade the Shares, which represent beneficial
ownership interests in the assets of the Fund, consisting solely of
units (``Master Fund Units'') of the Nuveen Commodities Income and
Growth Master Fund LLC (the ``Master Fund'').
    The Fund was formed as a Delaware statutory trust on December 7,
2005

pursuant to a Declaration of Trust signed by Wilmington Trust Company,
as the Delaware Trustee.\3\ The Master Fund was organized as a limited
liability company on December 7, 2005 under Delaware law. The Fund's
primary investment objective is to seek total return through broad
exposure to the commodities markets. The Fund's secondary objective is
to provide investors with monthly income and capital distributions not
commonly associated with commodity investments. The Master Fund will
invest in commodity futures and forward contracts, options on commodity
futures and forward contracts and over-the-counter (``OTC'') commodity
options in the following commodity groups: energy, industrial metals,
precious metals, livestock, agriculturals, and tropical foods and
fibers and may in the future include other commodity investments that
become the subject of commodity futures trading.\4\
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    \3\ The Fund, as a commodity pool, will not be subject to
registration and regulation under the Investment Company Act of 1940
(the ``1940 Act'').
    \4\ Following is a list of futures contracts and other commodity
interests in which the Master Fund may invest and the exchanges on
which they trade with the greatest dollar volume traded: Lumber,
Milk, Feeder Cattle, Lean Hogs, Live Cattle, Pork Bellies--Chicago
Mercantile Exchange (``CME''); Cocoa, Coffee, Cotton, Orange Juice,
Sugar--New York Board of Trade (``NYBOT''); Gold, Silver--Commodity
Exchange (``COMEX'') which is a division of the the New York
Mercantile Exchange (``NYMEX''); Palladium, Platinum, Crude Oil,
Heating Oil, Natural Gas, Unleaded Gas--NYMEX; Aluminum, Copper,
Lead, Nickel, Tin, Zinc--London Metals Exchange (``LME''); Bean Oil,
Corn, Oats, Soy Meal, Soybeans, Wheat--Chicago Board of Trade
(``CBOT'').
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    The Fund and the Master Fund are commodity pools. The Master Fund
is managed by Nuveen Commodities Asset Management, LLC (the
``Manager''). The Manager is registered as a commodity pool operator
(the ``CPO'') and a commodity trading advisor (the ``CTA'') with the
Commodity Futures Trading Commission (``CFTC'') and is a member of the
National Futures Association (``NFA'').
    The Manager will serve as the CPO and CTA of the Fund and the
Master Fund. The Manager will determine the Master Fund's overall
investment strategy, including: (i) The selection and ongoing
monitoring of the Master Fund's sub-advisors; (ii) the management of
the Fund's and Master Fund's business affairs; and (iii) the provision
of certain clerical, bookkeeping and other administrative services.
Gresham Investment Management LLC (the ``Commodity Sub-Advisor'') will
invest on a notional basis substantially all of the Master Fund's
assets in commodity futures and forward contracts pursuant to the
commodity investment strategy (its proprietary Tangible Asset
Program[supreg] (``TAP[reg] '')) \5\ and a risk management program. The
Commodity Sub-Advisor is a Delaware limited liability company and is
registered with the CFTC as a CTA and a CPO and is a member of the NFA.
The Commodity Sub-Advisor is also registered with the Commission as an
investment adviser. Nuveen Asset Management (the ``Collateral Sub-
Advisor''), an affiliate of the Manager, will invest the Master Fund's
collateral in short-term, investment grade quality debt instruments.
The Collateral Sub-Advisor is registered with the Commission as an
investment adviser.
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    \5\ Although the Master Fund does not currently intend to
utilize leverage (subject to the limitation below), the Master Fund
does have the ability to do so through the issuance of preferred
units and/or borrowings. The Master Fund (and the Fund) may not
utilize leverage in an amount exceeding 33% of the Master Fund's
capital after such issuance.
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    The Exchange submits that proposed Amex Rules 1600 et seq. will
accommodate the listing and trading of Trust Units.
Introduction
    The Exchange notes that the Commission has permitted the listing
and trading of products linked to the performance of an underlying
commodity or commodities.\6\
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    \6\ See Securities Exchange Act Release Nos. 53105 (January 11,
2006), 71 FR 3129 (January 19, 2006) (SR-Amex-2005-059) (approving
the listing and trading of the DB Commodity Index Tracking Fund);
51058 (January 19, 2005), 70 FR 3749 (January 26, 2005) (SR-Amex-
2004-38) (approving the listing and trading of the iShares COMEX
Gold Trust); 50603 (October 28, 2004), 69 FR 64614 (November 5,
2004) (NYSE-2004-22) (approving the listing and trading of
streetTRACKS Gold Shares); 39402 (December 4, 1997), 62 FR 65459
(December 12, 1997) (SR-Amex-97-46) (approving the listing and
trading of commodity index preferred or debt securities (ComPS) on
various agricultural futures contracts and commodities indexes);
36885 (February 26, 1996), 61 FR 8315 (March 4, 1996) (SR-Amex-95-
50) (approving the listing and trading of ComPS linked to the value
of single commodity); and 35518 (March 21, 1995), 60 FR 15804 (March
27, 1995) (SR-Amex-94-30) (approving the listing and trading of
commodity indexed notes or COINS).
---------------------------------------------------------------------------

    In January 2006, the Commission approved Commentary .07 to Rule
1202 which expanded the ability of the Exchange to list and trade
securities based on a portfolio of underlying investments that may not
be ``securities.'' \7\ Because the Fund is not a TIR (i.e., a security
issued by a trust which holds specified securities deposited with the
trust, that when aggregated in some specified minimum number, may be
surrendered to the trust by the beneficial owner to receive the
securities), the current TIR Rules (Amex Rule 1200 et seq.) do not
specifically permit the Exchange to list the Shares. This proposal
seeks to expand the ability of the Exchange to list and/or trade trust
securities based on a portfolio of underlying investments that are not
TIRs.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 53105 (January 11,
2006), 71 FR 3129 (January 19, 2006) (SR-Amex-2005-059).
---------------------------------------------------------------------------

    Under proposed Amex Rule 1601, the Exchange may list and trade the
Shares. For each separate and discrete listing of Trust Units, the
Exchange will submit a filing pursuant to Section 19(b) of the Act
subject to Commission review and approval. The Shares will conform to
the initial and continued listing criteria under proposed Rule 1602.\8\
The Fund will issue the Shares registered under the Securities Act of
1933.
---------------------------------------------------------------------------

    \8\ Proposed Amex Rule 1602 for listing the Trust Units is
substantially similar to current Amex Rules 1202A and 1502 relating
to Commodity-Based Trust Shares and Partnership Units, respectively.
The proposed rule sets forth the initial and continued listing
standards for the Trust Units.
---------------------------------------------------------------------------

Investment Description
    The Fund's investment objective is to generate attractive risk-
adjusted total returns as compared to investments in commodity indexes.
    The Fund intends to pursue its investment objective by investing
all of its assets in the Master Fund, which in turn intends to pursue
these investment objectives by utilizing: (a) An actively managed
rules-based commodity investment strategy, whereby the Master Fund will
invest in a diversified basket of commodity futures and forward
contracts with an aggregate notional value substantially equal to the
net assets of the Master Fund; and (b) a risk management program
designed to moderate the overall risk and return characteristics of the
Master Fund's commodity investments. In pursuing the risk management
program, the Master Fund will: (i) Purchase ``out-of-the-money''
commodity put options for protection against significant asset value
declines; and (ii) write (sell) ``out-of-the-money'' commodity call
options to obtain option premium cash flow, in each case on individual
futures and forward contracts, on baskets of commodities or on broad
based commodity indices.
    The Master Fund will typically: (i) Invest in commodity futures and
forward contracts that are traded either on U.S. or non-U.S. commodity
futures exchanges; (ii) purchase put and sell call options on commodity
futures and forward contracts that are traded either on U.S. or non-
U.S. exchanges; and (iii) purchase OTC commodity put options through
dealers pursuant to negotiated,

bi-lateral arrangements. The Master Fund also may invest in other
commodity contracts that are presently, or may hereafter become, the
subject of commodity futures trading. Except for certain limitations
described below, there are no restrictions or limitations on the
specific commodity investments in which the Master Fund may invest.
    Commodity Investment Strategy (TAP[supreg]). The Commodity Sub-
Advisor will invest on a notional basis substantially all of the Master
Fund's assets in commodity futures and forward contracts pursuant to
the commodity investment strategy TAP[supreg], an actively managed,
rules-based \9\ commodity investment strategy. TAP[supreg] is
fundamental in nature and is designed to maintain consistent, fully
collateralized exposure to commodities as an asset class. TAP[supreg]
does not require the existence of price trends in order to be
successful.
---------------------------------------------------------------------------

    \9\ TAP[supreg] currently requires investment in futures or
forward contracts for three commodities in each of the energy,
industrial metals, livestock, agriculturals, tropical foods and
fibers and precious metal commodity groups. Commodity group
weightings and individual commodity weightings are chosen by a
process that blends two-thirds of five year global production value
and one-third of five year value of commodity futures contracts
traded in dollars. The process constrains the weightings of each
commodity group such that no group may constitute more than 35% of
TAP[reg] and no single commodity interest can constitute more than
70% of its group. In addition, each commodity is rebalanced
periodically to its target weighting if its actual weighting
deviates from its target substantially (currently, by more than
10%).
---------------------------------------------------------------------------

    Risk Management Program. Pursuant to the risk management program,
the Master Fund will purchase commodity put options that are ``out-of-
the-money'' \10\ on a continual basis on all or substantially all of
the notional value of its commodity futures and forward contract
positions, and write (or sell) commodity call options that are 5 to 10%
``out-of-the-money'' on a continual basis on approximately 50% of the
notional value of each of its commodity futures and forward contract
positions. In order to seek protection against significant asset value
declines, the Master Fund will purchase put options on broad-based
commodity indices such as the Dow Jones[supreg]/AIG Commodity
Index[supreg] (``DJ/AIGCI''), the Goldman Sachs Commodity Index
(``GSCI''), or on certain custom indices, whose prices are expected to
closely correspond to a substantial portion of the long commodity
futures and forward contracts held by the Master Fund. The Master Fund
also may purchase put options on baskets of commodities and on
individual futures and forward contracts held by it. On an absolute
basis, the Master Fund does not expect that the cost to purchase put
options at any one time will exceed 5% of the value of the Master
Fund's net assets.
---------------------------------------------------------------------------

    \10\ ``Out-of-the-money'' put option is an option whose stock
price is above its strike price.
---------------------------------------------------------------------------

    Also pursuant to the risk management program, the Commodity Sub-
Advisor will write call options on individual futures and forward
contracts held by the Master Fund, on baskets of commodities or on
broad based commodity indices. The Master Fund will write call options
on approximately 50% of each of its commodity futures and forward
contracts. As the writer of call options for which a premium is
received, the Master Fund will forego the right to any appreciation in
the value of each commodity futures or forward contract in its
portfolio that effectively underlies a call option to the extent the
value of the commodity futures or forward contract exceeds the exercise
price of such option on or before the expiration date.
    Debt Instruments Used as Collateral. The Master Fund's investments
in commodity futures and forward contracts, options on commodity
futures and forward contracts, and OTC commodity put options generally
will not require significant outlays of principal. To support its
commodity investments, the Master Fund anticipates that it will
maintain significant collateral that will be invested in short-term
debt instruments with maturities of up to 2 years that, at the time of
investment, are investment grade quality, including obligations issued
or guaranteed by the U.S. government or its agencies and
instrumentalities, as well as corporate obligations and asset-backed
securities. Although earning interest income, the collateral is subject
on a continual basis to additional margin calls by the commodity broker
and to additional deposits in the commodity account if the levels of
notional trading change.
Commodity Futures and Forward Contracts and Related Options
    The prices of the commodity futures and forward contracts, options
on commodity futures and forward contracts, and OTC commodity options
are volatile with fluctuations expected to affect the value of the
Shares. Commodity futures and forward contracts and options on
commodity futures and forward contracts to be held by the Master Fund
will be traded on U.S. and/or non-U.S. exchanges. The commodity futures
and forward contracts to be entered into by the Master Fund are listed
and traded on organized and regulated exchanges based on the various
commodities in the groups described above.\11\ Forward contracts are
contracts for the purchase and sale of a commodity for delivery on or
before a future date or during a specified period at a specified price.
Futures contracts are essentially forward contracts that are traded on
exchanges. Options on commodity futures and forward contracts are
contracts giving the purchaser the right, as opposed to the obligation,
to acquire or to dispose of the commodity futures or forward contract
underlying the option on or before a future date at a specified price.
The Master Fund may purchase OTC commodity put options through dealers
pursuant to negotiated, bi-lateral arrangements.
---------------------------------------------------------------------------

    \11\ See supra note 4.
---------------------------------------------------------------------------

    The potential futures contracts are traded on U.S. and non-U.S.
exchanges, including the CBOT, the CME, the InterContinental Exchange
(``ICE FUTURES''), the LME, NYMEX, COMEX, and the NYBOT.
    The Manager will assess or review, as appropriate, the
creditworthiness of each potential or existing, as appropriate,
counterparty to an OTC contract pursuant to guidelines approved by the
Manager's board of directors. Furthermore, the Manager, on behalf of
the Fund, will only enter into OTC contracts with: (a) Members of the
Federal Reserve System or foreign banks with branches regulated by the
Federal Reserve Board; (b) primary dealers in U.S. government
securities; (c) broker-dealers; (d) futures commission merchants; or
(e) affiliates of the foregoing.
Structure of the Fund
    Fund. The Fund is a statutory trust formed pursuant to the Delaware
Statutory Trust Act and will issue shares that represent units of
fractional undivided beneficial interest in and ownership of the Fund.
    Master Fund. The Master Fund is a limited liability company
organized pursuant to Delaware law and will issue units that represent
units of fractional undivided membership interest in and ownership of
the Master Fund.
    Trustee. Wilmington Trust Company, is the Delaware Trustee of the
Fund. The Delaware Trustee is unaffiliated with the Manager.
    Individual Trustees. The individual trustees of the Fund, all of
whom will be unaffiliated with the Manager, will fulfill those
functions required under the Amex listing standards and certain other
functions as set forth in the Fund's Trust Agreement.
    Manager. The Manager is a Delaware limited liability company that
is

registered with the CFTC as a CPO and CTA and is a wholly-owned
subsidiary of Nuveen Investments, Inc. The Manager will serve as the
CPO and CTA of the Fund and the Master Fund and through the Commodity
Sub-Advisor will be responsible for determining the Master Fund's
overall investment strategy and its implementation. It is anticipated
that the individual trustees, pursuant to the Fund's Trust Agreement,
will delegate all authority (other than the individual trustees'
limited requirements to serve on the Fund's Audit Committee and
Nominating Committee) to the Manager to operate the business of the
Fund and to be responsible for the conduct of the Fund's commodity
affairs. As a registered CPO and CTA, the Manager is required to comply
with various regulatory requirements under the CEA and the rules and
regulations of the CFTC and the NFA.
    Commodity Sub-Advisor. The Commodity Sub-Advisor is a Delaware
limited liability company that is registered with the CFTC as a CTA and
a CPO and is a member of the NFA. As a registered CPO and CTA, the
Commodity Sub-Advisor is required to comply with various regulatory
requirements under the CEA and the rules and regulations of the CFTC
and the NFA. The Commodity Sub-Advisor is also registered with the SEC
as an investment adviser.
    Collateral Sub-Advisor. The Collateral Sub-Advisor is an affiliate
of the Manager and a wholly owned subsidiary of Nuveen Investments,
Inc. The Collateral Sub-Advisor is registered with the Commission as an
investment adviser.
    Transfer Agent, Registrar and Custodian. State Street Bank and
Trust Company (``State Street'') will be the Transfer Agent and
Registrar for the Shares and will be the Custodian for the assets of
the Master Fund.
    Commodity Broker. Lehman Brothers Inc. will act as the commodity
broker for the Master Fund and will clear transactions that may be
executed by it or other brokerage firms on a ``give-up'' basis. In
addition, Lehman Brothers Inc. or an affiliate of Lehman Brothers Inc.
may act as counterparty or select other brokers or dealers to act as
counterparty with respect to the Master Fund's transactions in forward
contracts and OTC commodity options. Lehman Brothers Inc. is registered
as a futures commission merchant and a CPO and is a member of the NFA.
Lehman Brothers Inc. also is registered with the Commission as a
broker-dealer.
    The Exchange notes that each of the Manager, the Commodity Broker,
and the Commodity Sub-Advisor have represented to the Exchange that
they each have erected and maintain firewalls within their respective
institutions to prevent the flow of non-public information regarding
the portfolio of underlying securities from the personnel involved in
the development and implementation of the investment strategy to others
such as sales and trading personnel.
Product Description
    The Shares represent units of fractional undivided beneficial
interest in and ownership of the Fund. Following the original issuance,
the Shares will be traded on the Exchange similar to other equity
securities.
    The Fund will invest all of the proceeds of its offering of Shares
in the Master Fund. The Master Fund will issue Master Fund Units, which
represent units of fractional undivided interest in and ownership of
the Master Fund. Master Fund Units may be purchased or redeemed on a
continuous basis, but only by the Fund and the Manager. Master Fund
Units may be purchased or redeemed by the Fund or the Manager, on an
infrequent basis, in connection with the management of the Fund. For
example, the Manager or Fund may purchase additional Master Fund Units
if the Fund issues additional Fund Shares in a secondary offering. The
Fund will own approximately 99% of the Master Fund Units, and the
Manager will own the remaining Master Fund Units. No additional
investors in the Master Fund will be solicited. The Fund will hold no
investment assets other than the Master Fund Units. The investment
results of the Fund will be directly and completely dependent on the
investment results of the Master Fund.
    Commencing with the Fund's first distribution, the Fund intends to
make regular monthly distributions to its shareholders at a level rate
(stated in terms of a fixed cents per share distribution rate) based on
past and projected performance of the Fund.\12\ The Fund's ability to
make distributions at such a level rate will depend on a number of
factors, including, most importantly, the long-term total returns
generated by the Master Fund's portfolio investments and the risk
management program.
---------------------------------------------------------------------------

    \12\ The Fund's actual financial performance willvary so that
the distribution rate may exceed the Fund's actual total returns.
The Fund does not anticipate borrowing to obtain the cash necessary
to make its distributions; however, in the event that the Fund's
distribution rate exceeds its actual returns, the Master Fund may be
required to liquidate investments in order to make such a
distribution. To the extent that the Fund's total return exceeds the
distribution rate for an extended period of time, the Fund may
increase the distribution rate or distribute supplemental amounts to
investors. Conversely, if the Fund's total return is less than the
distribution rate for an extended period of time, the Fund will be
drawing upon its net assets to meet the distribution payments. The
Master Fund may also make periodic distributions to the Fund in
order to enable the Fund to meet its operating expenses and costs.
---------------------------------------------------------------------------

    As portfolio and market conditions change, the rate of
distributions on the Master Fund Units and, in turn, the Shares, and
the Master Fund's and the Fund's distribution policies could
change.\13\
---------------------------------------------------------------------------

    \13\ In connection with any change in distributionpolicies, the
Fund will provide written advance notice to investors.
---------------------------------------------------------------------------

    State Street will calculate the net asset value (``NAV'') \14\ of
the Master Fund's units shortly after 4 p.m. Eastern Time (``ET'').
Because there will be a direct correspondence between the Shares and
the Master Fund Units, the net asset value per share of the Fund and
the net

asset value per Master Fund Unit will be equal.
---------------------------------------------------------------------------

    \14\ NAV per Master Fund Unit is computed bydividing the value
of all assets of the Master Fund (including any accrued interest and
dividends), less all liabilities (including accrued expenses and
distributions declared but unpaid), by the total number of Master
Fund Units outstanding. Under the Master Fund's current operational
procedures, the Master Fund's net asset value is calculated after
close of the Amex each day. The values of the Master Fund's
exchange-traded futures and forward contracts and options on futures
and forward contracts are valued at the settlement price determined
by the principal exchange through which they are traded. Market
quotes for the Master Fund's exchange-traded futures and forward
contracts and options on futures and forward contracts may not be
readily available if a contract cannot be liquidated due to the
operation of daily limits or, due to extraordinary circumstances,
the exchanges or markets on which the investments are traded do not
open for trading the entire day and no other market prices are
available. In addition, events may occur after the close of the
relevant market, but prior to the determination of the Master Fund's
net asset value, that materially affect the values of the Master
Fund's investments. In such circumstances, the Master Fund will use
an independent pricing service to value such investments. The
Commodity Sub-Advisor will review the values as determined by the
independent pricing service and discuss those valuations with the
pricing service if appropriate based on guidelines established by
the Manager that it believes are consistent with industry standards.
The values of the Master Fund's OTC derivatives will be valued by
the Commodity Sub-Advisor by taking either the arithmetic mean of
prices obtained by several dealers, the prices as determined by the
average of two (2) or more independent means or the prices as
reported by an independent pricing service. In the event the
Commodity Sub-Advisor uses an independent pricing service to value
any of its commodity futures and forward contract, options on
futures and forward contract and OTC derivatives, the pricing
service typically will value such commodity futures and forward
contracts, options on futures and forward contract and OTC
derivatives using a wide range of market data and other information
and analysis, including reference to transactions in other
comparable investments if available. The procedures of any
independent pricing service provider will be reviewed by the Manager
on a periodic basis.
---------------------------------------------------------------------------

    The normal trading hours for those investments of the Fund traded
on the various commodities exchanges may differ from the normal trading
hours of the Amex, which are from 9:30 a.m. to 4 p.m. ET. Therefore,
there may be time periods during the trading day where the Shares will
be trading on the Amex, but the futures contracts on various commodity
exchanges will not be trading. The value of the Shares may accordingly
be influenced by the non-concurrent trading hours between the Amex and
the various futures exchanges on which the futures contracts based on
the underlying commodities are traded.
    The trading prices of the Fund's Shares listed on the Amex may
differ from the NAV and can be affected not only by movements in the
NAV, but by market forces of supply and demand, economic conditions and
other factors as well. Accordingly, the trading prices of the Shares
should not be viewed as a real-time update of the NAV.
    Shares will be registered in book entry form through DTC. Trading
in the Shares on the Exchange will be effected until 4 p.m. ET each
business day. The minimum trading increment for such shares will be
$.01.
Underlying Commodity Interests Information
    The daily settlement prices for the commodity futures and forward
contracts held by the Master Fund are publicly available on the Web
sites of the futures and forward exchanges trading the particular
contracts. Various data vendors and news publications publish futures
prices and data. The Exchange represents that futures, forwards and
related exchange-traded options quotes and last sale information for
the commodity contracts are widely disseminated through a variety of
market data vendors worldwide, including Bloomberg and Reuters. In
addition, the Exchange further represents that complete real-time data
for such futures, forwards and exchange-traded options is available by
subscription from Reuters and Bloomberg. The relevant futures and
forward exchanges also provide delayed futures and forward contract
information on current and past trading sessions and market news free
of charge on their respective Web sites. The contract specifications
for the futures and forward contracts are also available from the
futures and forward exchanges on their Web sites as well as other
financial informational sources. Information related to OTC commodity
options is disclosed by the Fund on a monthly basis as discussed below.
Availability of Information Regarding the Shares
    The Web site for the Fund and the Manager, http://www.nuveen.com,
which will be publicly accessible at no charge, will contain the
following information: (a) The prior business day's NAV and the
reported closing price; (b) calculation of the premium or discount of
such price against such NAV; and (c) other applicable quantitative
information. During the initial offering period, the Fund's prospectus
also will be available on the Fund's Web site.
    The Fund's total portfolio holdings will also be disclosed and
updated on its Web site on each business day that the Amex is open for
trading.\15\ This Web site disclosure of portfolio holdings (as of the
previous day's close) will be made daily and will include, as
applicable: (a) The name and value of each commodity investment; (b)
the value of over-the-counter commodity put options and the value of
the collateral as represented by cash; (c) cash equivalents; and (d)
debt securities held in the Fund's portfolio. The values of the Fund's
portfolio holdings will, in each case, be determined in accordance with
the Fund's valuation policies.
---------------------------------------------------------------------------

    \15\ The total portfolio holdings will be disseminated to all
market participants at the same time.
---------------------------------------------------------------------------

    As described above, the NAV for the Fund will be calculated and
disseminated daily. The Manager has represented to the Exchange that
the NAV will be disseminated to all market participants at the same
time. The Exchange will also make available on its Web site daily
trading volume, closing prices, and the NAV. The closing price and
settlement prices of the futures contracts held by the Master Fund are
also readily available from the relevant futures exchanges, automated
quotation systems, published or other public sources, or on-line
information services such as Bloomberg or Reuters. In addition, the
Exchange will provide a hyperlink on its Web site at http://
www.amextrader.com to the Manager's Web site.
    As noted above, State Street will calculate the NAV of the Master
Fund once each trading day shortly after 4 p.m. ET. The NAV will be
disclosed on the Fund's Web site and the Exchange's Web site.
Termination Events
    The Fund and MasterFund will dissolve in certain prescribed
circumstances.\16\ Upon termination of the Fund, shareholders will
surrender their shares and receive in cash their portion of the value
of the Fund.
---------------------------------------------------------------------------

    \16\ See Form 19b-4 of the proposed rule change for a detailed
description of such termination events.
---------------------------------------------------------------------------

Criteria for Initial and Continued Listing
    The Fund will be subject to the criteria in proposed Rule 1602 for
initial and continued listing of the Shares. A minimum of 2,000,000
shares will be required to be publicly distributed at the start of
trading. It is anticipated that the initial price of a share will be
approximately $25. The Fund will accept subscriptions for a minimum of
100 shares during the initial offering which is expected to last no
more than 60 days. After the completion of the initial offering, shares
can be bought and sold throughout the trading day like any other
publicly-traded security. The Exchange believes that the anticipated
minimum number of shares outstanding at the start of trading is
sufficient to provide adequate market liquidity and to further the
Fund's objectives.
    The Fund has represented to the Exchange that, for initial and
continued listing of the Shares, it will be in compliance with Section
803 of the Amex Company Guide (Independent Directors and Audit
Committee) and Rule 10A-3 under the Act.
Original and Annual Listing Fees
    The Amex original listing fee applicable to the listing of the Fund
is $5,000. In addition, the annual listing fee applicable under Section
141 of the Amex Company Guide will be based upon the year-end aggregate
number of shares in all series of the Fund outstanding at the end of
each calendar year.
Trading Rules
    The Shares are equity securities subject to Amex Rules governing
the trading of equity securities, including, among others, rules
governing priority, parity and precedence of orders, specialist
responsibilities and account opening and customer suitability (Amex
Rule 411). Initial equity margin requirements of 50% will apply to
transactions in the Shares. Shares will trade on the Amex until 4 p.m.
ET each business day and will trade in a minimum price variation of
$0.01 pursuant to Amex Rule 127-AEMI. Trading rules pertaining to odd-
lot trading in Amex equities (Amex Rule 205-AEMI) will also apply.
    Amex Rule 154-AEMI(c)(ii) provides that stop and stop limit orders
to buy or sell a security the price of which is

derivatively priced based upon another security or index of securities,
may be elected by a quotation, as set forth in subparagraphs
(c)(ii)(1)-(4) of Rule 154-AEMI. The Shares are eligible for this
treatment.
    The Exchange states that Amex Rule 126A-AEMI complies with Rule 611
of Regulation NMS, which requires among other things, that the Exchange
adopt and enforce written policies and procedures that are reasonably
designed to prevent trade-throughs of protected quotations.\17\
---------------------------------------------------------------------------

    \17\ See Securities Exchange Act Release No. 54552 (September
29, 2006), 71 FR 59546 (October 10, 2006) (SR-Amex-2005-104).
---------------------------------------------------------------------------

    The Shares will generally be subject to the Exchange's
stabilization rule, Rule 170-AEMI, except that specialists may buy on
``plus ticks'' and sell on ``minus ticks,'' in order to bring the
Shares into parity with the underlying commodity or commodities and/or
futures contract price. Proposed Commentary .01 to Rule 1603 sets forth
this limited exception to Rule 170-AEMI.\18\
---------------------------------------------------------------------------

    \18\ Consistent with the adoption by the Commission of
amendments to Regulation SHO and the removal of Rule 10a-1 under the
Act and the Exchange's rescission of Amex Rule 7 and, the Shares may
be sold short without regard to the former ``tick'' tests, i.e., the
``plus tick'' and ``zero-plus tick.'' See Securities Exchange Act
Release Nos. 55970 (June 28, 2007), 72 FR 36348 (July 3, 2007) (File
No. S7-21-06) and 56278 (August 17, 2007), 72 FR 48707 (August 24,
2007) (SR-Amex-2007-72).
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    The trading of the Shares will be subject to certain conflict of
interest provisions set forth in proposed Amex Rules 1603 and 1604.
Rule 1603 provides that the prohibitions in Amex Rule 175(c) apply to a
specialist in the Shares so that the specialist or affiliated person
may not act or function as a market-maker in an underlying asset,
related futures contract or option or any other related derivative. An
exception to the general prohibition in Rule 1603 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 the Shares on another market center, in the
underlying asset or commodity, related futures or options on futures,
or any other related derivatives. Rule 1604 provides that specialists
handling the Shares provide the Exchange with all necessary information
relating to their trading in underlying physical assets or commodities,
related futures or options on futures, or any other related
derivatives. In addition, members and member organizations will be
subject to Commentary .03 to proposed Rule 1600 prohibiting such member
or member organizations from entering into the Exchange's order routing
system multiple limit orders as agent (i.e., customer agency orders).
Suitability
    The Information Circular (described below) will inform members and
member organizations of the characteristics of the Fund and of
applicable Exchange rules, as well as of the requirements of Amex Rule
411 (Duty to Know and Approve Customers).
    The Exchange notes that, pursuant to Rule 411, members and member
organizations are required in connection with recommending transactions
in the Shares to have a reasonable basis to believe that a customer is
suitable for the particular investment given reasonable inquiry
concerning the customer's investment objectives, financial situation,
needs, and any other information known by such member.
Information Circular
    The Amex will distribute an Information Circular to its members in
connection with the trading of the Shares. The Circular will discuss
the special characteristics and risks of trading this type of security.
Specifically, the Circular, among other things, will discuss what the
Shares are, the requirement that members and member firms deliver a
prospectus to investors purchasing the Shares prior to or concurrently
with the confirmation of a transaction during the initial public
offering, applicable Amex rules, and trading information and applicable
suitability rules. The Circular will also explain that the Fund is
subject to various fees and expenses described in the Registration
Statement. The Circular will also reference the fact that there is no
regulated source of last sale information regarding physical
commodities and note the respective jurisdictions of the SEC and CFTC.
The Circular will also note that the forward contracts are traded on
the LME, which is subject to regulation by the Securities and
Investment Board in the United Kingdom and the Financial Services
Authority. In addition, the Circular will indicate that OTC instruments
or products may effectively be unregulated.
    The Circular will advise members of their suitability obligations
with respect to recommended transactions to customers in the Shares.
The Circular will also discuss any relief, if granted, by the
Commission or the staff from any rules under the Act.
    The Circular will disclose that the NAV for shares will be
calculated shortly after 4 p.m. ET each trading day.
Surveillance
    The Exchange represents that its surveillance procedures are
adequate to properly monitor the trading of the Shares and to deter and
detect violations of Exchange rules. The Amex will rely on its existing
surveillance procedures governing Index Fund Shares. The Exchange
currently has in place Information Sharing Agreements with ICE FUTURES,
LME and NYMEX for the purpose of providing information in connection
with trading in or related to futures contracts traded on their
respective exchanges. The Exchange also notes that the CBOT, CME, and
NYBOT are members of the Intermarket Surveillance Group (``ISG''). As a
result, the Exchange asserts that market surveillance information is
available from the CBOT, CME, and NYBOT through ISG, if necessary, due
to regulatory concerns that may arise in connection with the futures
contracts.
Limitation of Exchange Liability
    Proposed Amex Rule 1605 provides that the Exchange and any of its
agents will not be liable for damages, claims, losses or expenses
caused by any errors, omissions, or delays in calculating or
disseminating any underlying portfolio value, NAV or other information
relating to the purchase, redemption or trading of Trust Units,
resulting from: (i) Any negligent act or omission by the Exchange or
any agent of the Exchange; or (ii) any act, condition or cause beyond
the reasonable control of the Exchange or its agent.
2. Statutory Basis
    The Amex believes that the proposed rule change is consistent with
the requirements of Section 6(b) of the Act \19\ in general, and
furthers the objectives of Section 6(b)(5),\20\ of the Act 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 facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(5).

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

    The Exchange believes that the proposed rule change would not
impose any 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

    The Exchange states that no written comments were solicited or
received with respect to the proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change 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-2006-96 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-Amex-2006-96. 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, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. 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-2006-96 and should be
submitted on or before October 16, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E7-18841 Filed 9-24-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Proposed Rules]
[Pages 22417-22420]
[FR Doc No: 2018-10209]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0408; Product Identifier 2017-NM-146-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2016-13-
16, which applies to all The Boeing Company Model 737-600, -700, -700C,
-800, -900, and -900ER series airplanes. AD 2016-13-16 requires an
inspection or records check to determine if affected horizontal
stabilizers are installed, related investigative actions, and, for
affected horizontal stabilizers, repetitive inspections for any crack
of the horizontal stabilizer rear spar upper chord, and corrective
action if necessary. Since we issued AD 2016-13-16, we have determined
that clarification of inspection areas and serial number information of
the horizontal stabilizer is necessary. Therefore, this proposed AD
would retain the requirements of AD 2016-13-16, with revised service
information that clarifies the inspection areas and serial number
information of the horizontal stabilizer. We are proposing this AD to
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 29, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this service information at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2018-0408.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0408; 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 NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Lu Lu, Aerospace Engineer, Airframe
Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA
98198; phone and fax:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2018-0408;
Product Identifier 2017-NM-146-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM 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

    We issued AD 2016-13-16, Amendment 39-18581 (81 FR 44503, July 8,
2016) (``AD 2016-13-16''), for all The Boeing Company Model 737-600, -
700, -700C, -800, -900, and -900ER series airplanes. AD 2016-13-16
requires an identification plate inspection or records check to
determine if affected horizontal stabilizers are installed, related
investigative actions, and for affected horizontal stabilizers,
repetitive inspections for any crack of the horizontal stabilizer rear
spar upper chord, and corrective action if necessary. AD 2016-13-16
resulted from reports of a manufacturing oversight, in which a supplier
omitted the required protective finish on certain bushings installed in
the rear spar upper chord on horizontal stabilizers, which could lead
to galvanic corrosion and consequent cracking of the rear spar upper
chord. We issued AD 2016-13-16 to address cracking of the rear spar
upper chord, which can result in the failure of the upper chord,
consequent departure of the horizontal stabilizer from the airplane,
and loss of control of the airplane.

Actions Since AD 2016-13-16 Was Issued

    Since we issued AD 2016-13-16, it has been determined that
clarification of inspection areas and serial number information of the
horizontal stabilizer is necessary. Therefore, the service information
has been revised to clarify the inspection areas for cracking and
serial number information of the horizontal stabilizer.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-55A1097, Revision 1,
dated September 20, 2017. This service information describes procedures
for an identification plate inspection or records check to determine
whether affected horizontal stabilizers are installed, related
investigative actions, and for affected horizontal stabilizers,
repetitive high frequency eddy current (HFEC) inspections for any crack
of the horizontal stabilizer rear spar upper chord, and corrective
action. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 2016-13-16, this proposed AD would retain all
requirements of AD 2016-13-16. Those requirements are referenced in the
service information identified previously, which, in turn, is
referenced in paragraph (g) of this proposed AD. This proposed AD would
clarify the inspection areas and serial number information of the
horizontal stabilizer. This proposed AD would also require
accomplishment of the actions identified as ``RC'' (required for
compliance) in the Accomplishment Instructions of Boeing Alert Service
Bulletin 737-55A1097, Revision 1, dated September 20, 2017, described
previously.
    For information on the procedures and compliance times, see this
service information at http://www.regulations.gov by searching for and
locating Docket No. FAA-2018-0408.

Costs of Compliance

    We estimate that this proposed AD affects 1,748 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection or records check to          1 work-hour x $85 per                 $0             $85        $148,580
 determine the serial number of the      hour = $85.
 horizontal stabilizer.
HFEC inspection.......................  6 work-hour x $85 per                  0             510         891,480
                                         hour = $510.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.
    According to the manufacturer, all of the costs of this proposed AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all available costs in our
cost estimate.

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.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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

0
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]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2016-13-16, Amendment 39-18581 (81 FR 44503, July 8, 2016), and adding
the following new AD:

The Boeing Company: Docket No. FAA-2018-0408; Product Identifier
2017-NM-146-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by June 29,
2018.

(b) Affected ADs

    This AD replaces AD 2016-13-16, Amendment 39-18581 (81 FR 44503,
July 8, 2016) (``AD 2016-13-16'').

(c) Applicability

    This AD applies to all The Boeing Company Model 737-600, -700, -
700C, -800, -900, and 900ER series airplanes, certificated in any
category.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by reports of a manufacturing oversight, in
which a supplier omitted the required protective finish on certain
bushings installed in the rear spar upper chord on horizontal
stabilizers, which could lead to galvanic corrosion and consequent
cracking of the rear spar upper chord. We are issuing this AD to
address cracking of the rear spar upper chord, which could result in
the failure of the upper chord, consequent departure of the
horizontal stabilizer from the airplane, and loss of control of the
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    Except as required by paragraph (h) of this AD: At the
applicable times specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 737-55A1097, Revision 1, dated
September 20, 2017, do all applicable actions identified as ``RC''
(required for compliance) in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
55A1097, Revision 1, dated September 20, 2017.

(h) Exceptions to Service Information

    (1) For purposes of determining compliance with the requirements
of this AD: Where Boeing Alert Service Bulletin 737-55A1097,
Revision 1, dated September 20, 2017, uses the phrase ``the Revision
1 date of this service bulletin,'' this AD requires using ``the
effective date of this AD.''
    (2) Where Boeing Alert Service Bulletin 737-55A1097, Revision 1,
dated September 20, 2017, specifies contacting Boeing, and specifies
that action as RC: This AD requires repair using a method approved
in accordance with the procedures specified in paragraph (k) of this
AD.

(i) Parts Installation Limitations

    As of the effective date of this AD, no person may install a
horizontal stabilizer on any airplane, except as specified in
paragraphs (i)(1) or (i)(2) of this AD.
    (1) A horizontal stabilizer may be installed if the part is
inspected in accordance with ``Part 2: Horizontal Stabilizer
Identification Plate Inspection'' of the Accomplishments
Instructions of Boeing Alert Service Bulletin 737-55A1097, Revision
1, dated September 20, 2017, and no affected serial number is found.
    (2) A horizontal stabilizer may be installed if the part is
inspected in accordance with ``Part 2: Horizontal Stabilizer
Identification Plate Inspection'' of the Accomplishments
Instructions of Boeing Alert Service Bulletin 737-55A1097, Revision
1, dated September 20, 2017, and an affected serial number is found,
provided that the actions specified in paragraphs (i)(2)(i) and
(i)(2)(ii) of this AD are done, as applicable.
    (i) Initial and repetitive high frequency eddy current (HFEC)
inspections, which are part of the required actions specified in
paragraph (g) of this AD, are completed within the compliance times
specified in paragraph (g) of this AD.
    (ii) All applicable corrective actions, which are part of the
required actions specified in paragraph (g) of this AD, are done
within the compliance times specified in paragraph (g) of this AD.

(j) Credit for Previous Actions

    For Groups 1 and 2, Configuration 1 airplanes, as identified in
Boeing Alert Service Bulletin 737-55A1097, Revision 1, dated
September 20, 2017: This paragraph provides credit for the actions
specified in paragraph (g) of this AD, if those actions were
performed before the effective date of this AD using Boeing Alert
Service Bulletin 737-55A1097, dated July 1, 2015.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (l)(1) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO Branch, to make those findings. To be approved,
the repair method, modification deviation, or alteration deviation
must meet the certification basis of the airplane, and the approval
must specifically refer to this AD.
    (4) AMOCs approved previously for AD 2016-13-16 are approved as
AMOCs for the corresponding provisions of Boeing Alert Service
Bulletin 737-55A1097, Revision 1, dated September 20, 2017, that are
required by paragraph (g) of this AD.
    (5) Except as required by paragraph (h)(2) of this AD: For
service information that contains steps that are labeled as Required
for Compliance (RC), the provisions of paragraphs (k)(5)(i) and
(k)(5)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(l) Related Information

    (1) For more information about this AD, contact Lu Lu, Aerospace
Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200 South
216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
[email protected].
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd.,

MC 110-SK57, Seal Beach, CA 90740-5600; telephone<PHONE_NUMBER>;
internet https://www.myboeingfleet.com. You may view this service
information at the FAA, Transport Standards Branch, 2200 South 216th
St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on May 7, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-10209 Filed 5-14-18; 8:45 am]
 BILLING CODE 4910-13-P