[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Rules and Regulations]
[Pages 43429-43431]
[FR Doc No: 2020-15359]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0319; Airspace Docket No. 20-ACE-5]
RIN 2120-AA66

Amendment of Class D and E Airspace; St. Louis, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class D airspace and Class E surface
airspace at Spirit of St. Louis Airport, St. Louis, MO, and the Class E
airspace extending upward from 700 feet above the surface at St. Louis
Lambert International Airport, St. Louis, MO, Spirit of St. Louis
Airport, and St. Charles County Smartt Airport, St. Charles, MO, and
removes St. Louis Regional Airport, Alton/St. Louis, IL. This action is
the result of airspace reviews caused by the decommissioning of the
Cardinal VHF omnidirectional range (VOR) navigation aid as part of the
VOR Minimum Operational Network (MON) Program; and the decommissioning
of the outer markers for runways 12R, 24, and 30L at St. Louis Lambert
International Airport. Airport and navigational aid names are also
being updated to coincide with the FAA's aeronautical database.

DATES: Effective 0901 UTC, November 5, 2020. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11D, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class D airspace and the Class E surface airspace at
Spirit of St. Louis Airport, St. Louis, MO, and the Class E airspace
extending upward from 700 feet above the surface at St. Louis Lambert
International Airport, St. Louis, MO, Spirit of St. Louis Airport, and
St. Charles County Smartt Airport, St. Charles, MO, which is contained
within the St. Louis, MO, airspace legal description, and removing St.
Louis Regional Airport, Alton/St. Louis, IL, which is contained within
the St. Louis, MO, airspace legal description, to support IFR
operations at these airports. (FAA Docket No. FAA-2020-0321/Airspace
Docket 20-AGL-17 will create an independent Class E airspace extending
upward from 700 feet above the surface airspace legal description for
Alton/St. Louis, IL, and will become effective coincidentally with this
action.)

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (85 FR 26898; May 6, 2020) for Docket No. FAA-2020-0319 to
amend the Class D airspace and the Class E surface airspace at Spirit
of St. Louis Airport, St. Louis, MO, and the Class E airspace extending
upward from 700 feet above the surface at St. Louis

Lambert International Airport, St. Louis, MO, Spirit of St. Louis
Airport, and St. Charles County Smartt Airport, St. Charles, MO, which
is contained within the St. Louis, MO, airspace legal description, and
removing St. Louis Regional Airport, Alton/St. Louis, IL, which is
contained within the St. Louis, MO, airspace legal description.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class D and E airspace designations are published in paragraph
5000, 6002, and 6005 of FAA Order 7400.11D, dated August 8, 2019, and
effective September 15, 2019, which is incorporated by reference in 14
CFR 71.1. The Class D and E airspace designations listed in this
document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019, and effective September 15,
2019. FAA Order 7400.11D is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11D lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71:
    Amends the Class D airspace at Spirit of St. Louis Airport, St.
Louis, MO, by updating the bearing of the east extension to 078[deg]
(previously 079[deg]); and updating the bearing of the west extension
to 258[deg] (previously 259[deg]);
    Amends the Class E surface area at Spirit of St. Louis Airport by
updating the bearing of the east extension to 078[deg] (previously
079[deg]); and updating the bearing of the west extension to 258[deg]
(previously 259[deg]);
    Amends the Class E airspace extending upward from 700 feet above
the surface at St. Louis Lambert International Airport, St. Louis, MO,
to within an 8.5-mile (increased from 7.1-mile) radius of the airport;
removes the St. Louis Lambert International Runway 24 Localizer and the
associated extension from the airspace legal description, as it is no
longer needed; removes the St. Louis Lambert International Runway 12R
Localizer and the associated extension from the airspace legal
description, as it is no longer needed; removes the St. Louis Lambert
International Runway 30L Localizer and the associated extension from
the airspace legal description, as it is no longer needed; removes the
ZUMAY LOM and the associated extension from the airspace legal
description, as it is no longer needed; removes the OBLIO LOM and the
associated extension from the airspace legal description, as it is no
longer needed; updates the name of the St. Louis Lambert International
Airport (previously Lambert-St. Louis International Airport) to
coincide with the FAA's aeronautical database; updates the bearing of
the east extension of Spirit of St. Louis Airport to 078[deg]
(previously 079[deg]); updating the name of the Spirit of St. Louis:
RWY 26L-LOC (previously Spirit of St. Louis Runway 26L Localizer) to
coincide with the FAA's aeronautical database; updates the extension
east of the Spirit of St. Louis: RWY 26L-LOC to within 3.8 miles
(decreased from 4.1 miles) north and 5.7 miles (decreased from 6.4
miles) south of the 078[deg] (previously 079[deg]) bearing from the
Spirit of St. Louis: RWY 26L-LOC extending from the 6.9-mile radius of
the Spirit of St. Louis Airport to 10.6 miles (decreased from 11.3
miles) east of the Spirit of St. Louis: RWY 26L-LOC; updates the
bearing of the west extension of Spirit of St. Louis Airport to
258[deg] (previously 259[deg]); adds an extension at St. Charles County
Smartt Airport, St. Charles, MO, within 3.3 miles each side of the
028[deg] radial from the St. Louis VORTAC extending from the 6.4-mile
radius of St. Charles County Smartt Airport to 12.4 miles northeast of
St. Charles County Smartt Airport; and removes St. Louis Regional
Airport, Alton/St. Louis, IL, which is contained within the St. Louis,
MO, airspace legal description, and the Civic Memorial NDB and the
associated north and south extensions from St. Louis Regional Airport.
(A separate airspace review of St. Louis Regional Airport resulted in
the Class E airspace extending upward from 700 feet above the surface
at St. Louis Regional Airport no longer adjoining the St. Louis, MO,
Class E airspace extending upward from 700 feet above the surface. As a
result, a separate Class E airspace extending upward from 700 feet
above the surface airspace legal description will be created for Alton/
St. Louis, IL, under FAA Docket No. FAA-2020-0321/Airspace Docket 20-
AGL-17 and will be become effective coincidentally with this action.)
    Subsequent to publication of the NPRM, the FAA discovered that the
Class E surface airspace at Spirit of St. Louis Airport, St. Louis, MO,
incorrectly stated ``Class D airspace area'' vice ``Class E airspace
area.'' That error is corrected in this action.
    This action is the result of airspace reviews caused by the
decommissioning of the Cardinal VHF omnidirectional range (VOR)
navigation aid, which provided navigation information for the
instrument procedures at these airports, as part of the VOR MON
Program; and the decommissioning of the outer markers for runways 12R,
24, and 30L at St. Louis Lambert International Airport.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ACE MO D St. Louis, MO [Amended]

Spirit of St. Louis Airport, MO
    (Lat. 38[deg]39'44'' N, long. 90[deg]39'07'' W)

    That airspace extending upward from the surface to and including
3,000 feet within a 4.4-mile radius of Spirit of St. Louis Airport,
and within 1 mile each side of the 078[deg] bearing from the airport
extending from the 4.4-mile radius to 4.6 miles east of the airport,
and within 1 mile each side of the 258[deg] bearing from the airport
extending from the 4.4-mile radius to 4.6 miles west of the airport,
excluding that airspace within the St. Louis, MO Class B airspace
area. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective dates and times will thereafter be continuously published
in the Chart Supplement.

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

ACE MO E2 St. Louis, MO [Amended]

Spirit of St. Louis Airport, MO
    (Lat. 38[deg]39'44'' N, long. 90[deg]39'07'' W)

    That airspace extending upward from the surface to and including
3,000 feet within a 4.4-mile radius of Spirit of St. Louis Airport,
and within 1 mile each side of the 078[deg] bearing from the airport
extending from the 4.4-mile radius to 4.6 miles east of the airport,
and within 1 mile each side of the 258[deg] bearing from the airport
extending from the 4.4-mile radius to 4.6 miles west of the airport,
excluding that airspace within the St. Louis, MO Class B airspace
area. This Class E airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective dates and times will thereafter be continuously published
in the Chart Supplement.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ACE MO E5 St. Louis, MO [Amended]

St. Louis Lambert International Airport, MO
    (Lat. 38[deg]44'55'' N, long. 90[deg]22'12'' W)
Spirit of St. Louis Airport, MO
    (Lat. 38[deg]39'44'' N, long. 90[deg]39'07'' W)
St. Charles County Smartt Airport, MO
    (Lat. 38[deg]55'47'' N, long. 90[deg]25'48'' W)
St. Louis VORTAC
    (Lat. 38[deg]51'38'' N, long. 90[deg]28'57'' W)
Spirit of St. Louis: RWY 26L-LOC
    (Lat. 38[deg]39'26'' N, long. 90[deg]39'48'' W)

    That airspace extending upward from 700 feet above the surface
within an 8.5-mile radius of St. Louis Lambert International
Airport, and within a 6.9-mile radius of Spirit of St. Louis
Airport, and within 2.5 miles each side of the 078[deg] bearing from
the Spirit of St. Louis Airport extending from the 6.9-mile radius
of the airport to 8.1 miles east of the airport, and within 3.8
miles north and 5.7 miles south of the 078[deg] bearing from the
Spirit of St. Louis: RWY 26L-LOC extending from the 6.9-mile radius
of the Spirit of St. Louis Airport to 10.6 miles east of the Spirit
of St. Louis: RWY 26L-LOC, and within 3.9 miles each side of the
258[deg] bearing from the Spirit of St. Louis Airport extending from
the 6.9-mile radius of the airport to 10.6 miles west of the
airport, and within a 6.4-mile radius of St. Charles County Smartt
Airport, and within 3.3 miles each side of the 028[deg] radial from
the St. Louis VORTAC extending from the 6.4-mile radius of St.
Charles County Smartt Airport to 12.4 miles northeast of the
airport.

    Issued in Fort Worth, Texas, on July 13, 2020.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2020-15359 Filed 7-16-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 28, 2010 (Volume 75, Number 187)]
[Notices]
[Page 59726-59727]
[DOCID:fr28se10-80]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-D-0428]

Draft Guidance for Industry and Food and Drug Administration
Staff; Class II Special Controls Guidance Document: Herpes Simplex
Virus Types 1 and 2 Serological Assays; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of the draft guidance entitled ``Class II Special Controls
Guidance Document: Herpes Simplex Virus Types 1 and 2 Serological
Assays.'' This draft guidance document describes a means by which the
herpes simplex virus (HSV) serological assay device type may comply
with the requirement of special controls for class II devices.
Elsewhere in this issue of the Federal Register, FDA is publishing a
proposed rule to designate this guidance as the class II special
control. This draft guidance is not final nor is it in effect at this
time.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the agency considers your comment of this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by December 27, 2010.

ADDRESSES: Submit written requests for single copies of the draft
guidance document entitled ``Class II Special Controls Guidance
Document: Herpes Simplex Virus Types 1 and 2 Serological Assays'' to
the Division of

Small Manufacturers, International, and Consumer Assistance, Center for
Devices and Radiological Health, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 66, rm. 4613, Silver Spring, MD 20993-0002.
Send one self-addressed adhesive label to assist that office in
processing your request, or fax your request to<PHONE_NUMBER>. See the
SUPPLEMENTARY INFORMATION section for information on electronic access
to the guidance.
    Submit electronic comments on the draft guidance to http://
www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. Identify comments with the docket number
found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Haja Sittana El Mubarak, Center for
Devices and Radiological Health, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 66, rm. 5519, Silver Spring, MD 20993-0002,
301-796-6193.

SUPPLEMENTARY INFORMATION:

I. Background

    This draft guidance document provides recommendations on the types
of information and data that FDA believes needs to be included in a
premarket notification 510(k) submission for HSV types 1 and 2
serological assays. HSV serological assays are devices that consist of
antigens and antisera used in various serological tests to identify
antibodies to herpes simplex virus in serum. Additionally, some of the
assays consist of herpes simplex virus antisera conjugated with a
fluorescent dye (immunofluorescent assays) used to identify herpes
simplex virus directly from clinical specimens or tissue culture
isolates derived from clinical specimens. The identification aids in
the diagnosis of diseases caused by herpes simplex viruses and provides
epidemiological information on these diseases. Herpes simplex viral
infections range from common and mild lesions of the skin and mucous
membranes to a severe form of encephalitis (inflammation of the brain).
Neonatal herpes virus infections range from a mild infection to a
severe generalized disease with a fatal outcome. We have revised the
existing guidance by rewriting the method comparison section and the
sample selection inclusion and exclusion criteria section. The
revisions defined and differentiated the required studies and the study
populations for the assessment of the safety and effectiveness of the
different types of HSV 1 and HSV 2 serological assays. Additionally, we
made several corrections and clarifications throughout the document to
ensure accuracy, consistency, and ease of reading. Elsewhere in this
issue of the Federal Register, FDA is proposing to designate this
guidance as the class II special control for HSV types 1 and 2
serological assays. If this classification rule is finalized, FDA
intends that this guidance document will serve as the special control
for this device.
    Following the effective date of any final classification rule based
on this proposal, any firm submitting a premarket notification (510(k))
for HSV types 1 and 2 serological assays will need to address the
issues covered in the special controls guidance document. However, the
firm need only show that its device meets the recommendations of the
guidance document or in some other way provides equivalent assurances
of safety and effectiveness.

II. Significance of Guidance

    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the agency's current thinking on HSV types 1
and 2 serological assays. It does not create or confer any rights for
or on any person and does not operate to bind FDA or the public. An
alternative approach may be used if such approach satisfies the
requirements of the applicable statute and regulations.

III. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do
so by using the Internet. To receive ``Class II Special Controls
Guidance Document: Herpes Simplex Virus Types 1 and 2 Serological
Assays,'' you may either send an email request to<EMAIL_ADDRESS>to
receive an electronic copy of the document or send a fax request to
301-847-8149 to receive a hard copy. Please use the document number
1713 to identify the guidance you are requesting. A search capability
for all CDRH guidance documents is available at http://www.fda.gov/
MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/
default.htm. Guidance documents are also available at http://
www.regulations.gov.

IV. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information found in FDA regulations and guidance documents. These
collections of information are subject to review by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3520). The collections of information in 21 CFR part
807, subpart E have been approved under OMB control number 0910-0120;
the collections of information in 21 CFR part 812 have been approved
under OMB control number 0910-0078; and the collections of information
in 21 CFR part 801 and 21 CFR 809.10 have been approved under OMB
control number 0910-0485.

V. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES), either electronic or written comments regarding this
document. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: September 16, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-23640 Filed 9-27-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 78, Number 83 (Tuesday, April 30, 2013)]
[Notices]
[Pages 25265-25266]
[FR Doc No: 2013-10187]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9806-5]

2013 Annual Meeting of the Ozone Transport Commission

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting.

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SUMMARY: The United States Environmental Protection Agency is
announcing the 2013 Annual Meeting of the Ozone Transport Commission
(OTC). This OTC meeting will explore options available for reducing
ground-level ozone precursors in a multi-pollutant context. The
Commission will be evaluating potential measures and considering
actions in areas such as performance standards for electric generating
units (EGUs) on high electric demand days, oil and gas boilers serving
EGUs, small natural gas boilers, stationary generators, energy
security/energy efficiency, architectural industrial and maintenance
coatings, consumer products, institution commercial and industrial
(ICI) boilers, vapor recovery at gas stations, large

above ground storage tanks, seaports, aftermarket catalysts,
lightering, and non-road idling.

DATES: The meeting will be held on June 13, 2013 starting at 9:30 a.m.
and ending at 4:00 p.m.
    Location: The Study at Yale, 1157 Chapel Street, New Haven,
Connecticut 06511;<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For documents and press inquiries
contact: Ozone Transport Commission, 444 North Capitol Street NW.,
Suite 322, Washington, DC 20001;<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Web site: http://www.otcair.org.

SUPPLEMENTARY INFORMATION: The Clean Air Act Amendments of 1990 contain
at Section 184 provisions for the Control of Interstate Ozone Air
Pollution. Section 184(a) establishes an Ozone Transport Region (OTR)
comprised of the States of Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode
Island, Vermont, parts of Virginia and the District of Columbia. The
purpose of the OTC is to deal with ground-level ozone formation,
transport, and control within the OTR.
    Type of Meeting: Open.
    Agenda: Copies of the final agenda will be available from the OTC
office<PHONE_NUMBER>; by email<EMAIL_ADDRESS>or via the OTC Web
site at http://www.otcair.org.

    Dated: April 16, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2013-10187 Filed 4-29-13; 8:45 am]
BILLING CODE 6560-50-P


Note to the docket:

During the week of 2/12/07, EPA staff conducted individual calls with
four refiners regarding setting an effective date to make the Illinois
portion of the St. Louis, Illinois-Missouri nonattainment area a covered
area for RFG.

While the content of the calls is deemed confidential business
information, the general consensus was that there would not be supply
concerns associated with setting an effective date for RFG in East St.
Louis at the beginning of this ozone season.


[Federal Register: May 6, 2009 (Volume 74, Number 86)]
[Notices]
[Page 21033-21034]
[DOCID:fr06my09-146]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59846; File No. SR-NYSEArca-2009-34]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Arca, Inc. Amending Rule
6.76A Order Execution-OX

April 29, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on April 21, 2009, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 6.76A to allow marketable
orders to be exposed to market participants for a brief period of time
before routing to an away market center for execution at the National
Best Bid/Offer (``NBBO''). The text of the proposed rule change is
attached as Exhibit 5 to the 19b-4 form. A copy of this filing is
available on the Exchange's Web site at http://www.nyse.com, at the
Exchange's principal office and at the Commission's Public Reference
Room.

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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The purpose of this proposed rule change is to provide marketable
orders an opportunity for execution on NYSE Arca before being routed to
an away market center at the NBBO.
    Currently, if an order that is marketable against the NBBO is
received, it is matched against any possible contra side interest in
the Display Order process and in the Working Order Process, including
any available Tracking Orders. If the order is still unexecuted, or if
only partially unexecuted, the order is then routed away to the market
or markets at the NBBO.
    The proposed rule change will provide for the NYSE Arca System to
expose the order, at the NBBO price, to any OTP Holders who wish to
subscribe to such notices, for a brief period of time (the ``exposure
period'') not to exceed one second.
    During the exposure period, orders and quotes that are equal to the
NBBO and on the opposite side of the market will be matched against the
exposed order and immediately executed as they are received. Orders and
quotes that are better than the NBBO and on the opposite side of the
market will also be matched against the exposed order, and immediately
executed as they are received at the exposed price. At the end of the
exposure period, the System will again attempt to match the balance of
the order, if any, against any available Tracking Orders. If the order
is still unexecuted, or if only partially unexecuted, it will be routed
to the market(s) at the NBBO for execution.
    Marketable orders that are on the same side of the market as the
exposed order will join the exposure period through a size update to
the exposure message, but will not extend the exposure period.
    Any update to the NBBO during the exposure period that unlocks the
exposed order will cause the exposure period to terminate, and any
unexecuted portion of the order will either be (i) Matched against
contra interest in the Display Process and the Working Order Process,
and, if still not completely executed, (ii) immediately routed to the
new NBBO market(s); or, (iii) if no

longer marketable the order will be placed in the Consolidated Book.
    Conversely, an update to the NBBO that crosses the exposed price
will also bring the exposure period to an immediate end, and the order
will be routed away.
    Example 1:

NYSE Arca market--3.00-3.30
CBOE market (NBBO)--3.00-3.20

    NYSE Arca receives an order to Buy paying 3.30. The order is
exposed for one second prior to routing to CBOE.
    200 milliseconds after the start of the exposure, CBOE offer moves
to 3.30. The exposure period terminates, and the order is executed
against the NYSE Arca 3.30 offer.
    Example 2:

NYSE Arca market--3.00-3.30
CBOE market (NBBO)--3.00-3.20

    NYSE Arca receives an order to Buy paying 3.30. The order is
exposed for one second prior to routing to CBOE.
    200 milliseconds after the start of the exposure period, ISE posts
an offer at 3.10. Again, the exposure period terminates, and the order
is immediately routed to the ISE to trade against the 3.10 offer.
    NYSE Arca Users who do not wish to have an order exposed prior to
routing may use the NOW order type to trade with markets at the NBBO.
Users who wish to avoid both exposure and routing may use other order
types available on NYSE Arca, including but not limited to, IOC orders
and PNP orders.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
and furthers the objectives of Section 6(b)(5) of the Act, in that it
is designed to promote just and equitable principles of trade, remove
impediments to and perfect the mechanisms of a free and open market and
a national market system and, in general, to protect investors and the
public interest, as it will provide greater opportunities for investors
to receive executions on the NYSE Arca System, rather than being routed
away, so as to enhance the efficiency of order handling, and also
provides Users the opportunity to match prices at other markets.

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

    The Exchange does not believe that the proposed rule change will
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

    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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \4\ and Rule 19b-4(f)(6) thereunder.\5\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \6\ and Rule 19b-
4(f)(6)(iii) thereunder.\7\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \5\ 17 CFR 240.19b-4(f)(6).
    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied the pre-filing requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

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-NYSEArca-2009-34 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2009-34. 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 Section, 100 F Street,
NE., Washington, DC 20549-1090, on official business days between the
hours of 10 a.m. and 3 p.m. Copies of the filing will also be available
for inspection and copying at NYSE Arca's principal office and on its
Internet Web site at http://www.nyse.com. 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-NYSEArca-2009-34 and should be submitted
on or before May 27, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-10449 Filed 5-5-09; 8:45 am]

BILLING CODE 8010-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on November 6, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 2000-8202

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  AEROVIAS de MEXICO, S.A. de C.V.
                         Date Filed:  October 7, 2003

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to continue to conduct scheduled, combination service between
Guadalajara, Mexico, and Ontario, California.

If renewal, date and citation of last action:  October 30, 2002, in this
Docket.

Applicant representative:  William C. Evans,<PHONE_NUMBER>        DOT
analyst:  Allen F. Brown,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.			       			                       Action date:
November 6, 2003

Effective dates of authority granted:  November 6, 2003, through
November 6, 2004.

Basis for approval:  United States-Mexico Air Transport Services
Agreement

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated: Standard exemption
conditions.

Special conditions/Remarks:

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
_______________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
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