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Federal Regulation Brief Jan. 26_ 2011_1_

VIEWS: 3 PAGES: 11

									COURTHOUSE NEWS SERVICE

                                Federal Regulation Brief
                                    Jan. 26, 2011

AGRICULTURE:

                              AGRICULTURE (USDA)

NEWLY PUBLISHED REGULATIONS

AGRICULTURAL MARKETING SERVICE (AMS)

Kiwifruit grown in California, order amending Marketing Order No. 920: Correction,
published Jan. 25, 2011, effective Jan. 25, 2011
[TEXT]
The Agricultural Marketing Service corrects a final rule published in the June 29,
2010 Federal Register. The final rule amended Marketing Order No. 920, which
regulates the handling of kiwifruit grown in California. The amendments redefined
the grower districts into which the production area is divided and reallocated
committee membership among the districts. This rule corrects the final rule by
removing order language regarding selection of members and alternates
inadvertently kept in after the removal of the language as a conforming change was
approved by growers in a referendum.


Marketing orders regulating handling of spearmint oil produced in Far West, Class 3
(Native) spearmint oil for 2010–2011 marketing year, revision of salable quantity
and allotment percentage: Interim rule with request for comments, published Jan.
25, 2011, effective June 1, 2010, through May 31, 2011, comments by March 28,
2011
[TEXT]
The Agricultural Marketing Service revises the quantity of Class 3 (Native) spearmint
oil that handlers may purchase from, or handle on behalf of, producers during the
2010-2011 marketing year. This rule increases the Native spearmint oil salable
quantity from 980,220 pounds to 1,118,639 pounds, and the allotment percentage
from 43 percent to 50 percent. The marketing order regulates the handling of
spearmint oil produced in the Far West and is administered locally by the Spearmint
Oil Administrative Committee. The Committee unanimously recommended this rule
to avoid extreme fluctuations in supplies and prices and to help maintain stability in
the Far West spearmint oil market.


Pears grown in Oregon and Washington, amendment to allow additional exemptions:
Interim rule with request for comments, published Jan. 25, 2011, effective Jan. 26,
2011, comments by March 28, 2011
[TEXT]
The Agricultural Marketing Service adds an exemption to the marketing order for
Oregon-Washington pears that provides for the sale of fresh pears directly to
consumers without regard to regulation. The marketing order regulates the handling
of pears grown in Oregon and Washington. Local administration of the marketing
order for the fresh pear industry is provided by the Fresh Pear Committee. For each
customer, this rule exempts consumer-direct sales of up to 220 pounds of fresh
pears per transaction, for home use only, made directly at orchards, packing
facilities, roadside stands, or farmers' markets without regard to the marketing
order's assessment, reporting, handling, and inspection requirements. This action is
to provide regulatory flexibility to small pear handlers, while facilitating the sale of
fresh, local pears directly to consumers.
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FEDERAL CROP INSURANCE CORPORATION (FCIC)

Common crop insurance regulations, Macadamia nut crop insurance provisions:
Correction, published Jan. 25, 2011, effective Jan. 25, 2011
[TEXT]
The Federal Crop Insurance Corporation corrects the correcting amendment
published Sept. 27, 2010. The regulation, as here pertinent, related to the insurance
of macadamia nuts.


PROPOSED REGULATIONS

AGRICULTURAL MARKETING SERVICE (AMS)

Increased assessment rates, raisins produced from grapes grown in California:
Proposed rule, published Jan. 25, 2011, comments by Feb. 4, 2011
[TEXT]
The Agricultural Marketing Service proposes to increase the assessment rate
established for the Raisin Administrative Committee for the 2010-11 and subsequent
crop years from $7.50 to $14.00 per ton of free tonnage raisins acquired by handlers
and reserve tonnage raisins released or sold to handlers for use in free tonnage
outlets. The committee locally administers the marketing order which regulates the
handling of California raisins produced from grapes grown in California. Assessments
upon raisin handlers are used by the committee to fund reasonable and necessary
expenses of the program. The 2010-11 crop year began Aug. 1 and ends July 31. No
volume regulation will be implemented for the 2010-11 crop year, and no reserve
pool will be established for this crop. Some committee expenses usually covered by
reserve pool revenues must therefore be covered by handler assessments,
necessitating an increased assessment rate. The proposed $14.00 per ton
assessment would remain in effect indefinitely unless modified, suspended, or
terminated.


Irish potatoes grown in certain designated counties in Idaho, and Malheur County,
Oregon: Referendum order, published Jan. 25, 2011, referendum conducted March 5
to March 18, 2011, to vote in this referendum, producers must have produced Irish
potatoes for the fresh market within the designated production area in Idaho, or
Malheur County, Ore., during the period Aug. 1, 2009, through July 31, 2010
[TEXT]
The Agricultural Marketing Service directs that a referendum be conducted among
eligible producers of Irish potatoes in certain designated counties in Idaho, and
Malheur County, Ore., to determine whether they favor continuance of the marketing
order regulating the handling of Irish potatoes grown in the production area.
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COMMERCE:

                                COMMERCE (DOC)

NEWLY PUBLISHED REGULATIONS

INDUSTRY AND SECURITY BUREAU (BIS)

Revisions to U.S. export and re-export controls, U.S.–India bilateral understanding:
Final rule, published Jan. 25, 2011, effective Jan. 25, 2011, comments welcome on a
continuing basis
[TEXT]
The Bureau of Industry and Security amends the Export Administration Regulations
(EAR) to implement several components of the bilateral understanding between the
United States and India announced by President Obama and India’s Prime Minister
Singh Nov. 8, 2010 including removing India’s defense and space-related entities
from the Entity List (Supplement No. 4 to Part 744 of the EAR) and realigning U.S.
export licensing policy toward India by removing India from three country groups in
the EAR and adding it to one country group. This rule also makes conforming
changes to the EAR consistent with these steps. These reforms reflect India’s
nonproliferation record and commitment to abide by multilateral export control
standards.
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ENVIRONMENT, ENERGY & RESOURCES:

                                  ENERGY (DOE)

PROPOSED REGULATIONS

Occupational Radiation Protection: Proposed rule and opportunity for public
comment, published Jan. 25, 2011, public comments by Feb. 24, 2011
[TEXT]
The Department of Energy proposes to revise the values in an appendix to its
Occupational Radiation Protection requirements. The derived air concentration values
for air immersion are calculated using several parameters. One of these, exposure
time, is better represented by the hours in the workday, rather than the hours in a
calendar day, and is therefore used in the revised calculations.
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                     ENVIRONMENTAL PROTECTION (EPA)

PROPOSED REGULATIONS
Approval and disapproval and promulgation of air quality implementation plans,
Colorado, revision to definitions, common provisions regulation: Proposed rule,
published Jan. 25, 2011, comments by Feb. 24, 2011
[TEXT]
The Environmental Protection Agency proposes to partially approve and partially
disapprove State Implementation Plan revisions submitted by Colorado June 20,
2003. The intended effect of this proposal is to approve and make federally
enforceable those parts of the revisions to Colorado's Common Provisions consistent
with the Clean Air Act (CAA). Primarily, the revisions involved changes designed to
fix ambiguous language, to make the definitions more readable or to delete obsolete
definitions. In addition, a number of definitions were revised to reflect developments
in federal law or were deleted to eliminate duplicative provisions that appear in other
Colorado regulations. The EPA proposes to approve parts of the revision that delete
duplicative or obsolete definitions, or that clarify existing definitions in a manner
consistent with the CAA. In addition, the EPA proposes to disapprove those parts of
the rule revisions the EPA determined are inconsistent with the CAA.


Approval and promulgation of state implementation plans, Colorado Regulation
Number 3, revisions to the air pollutant emission notice requirements and
exemptions: Proposed rule, published Jan. 25, 2011, comments by Feb. 24, 2011
[TEXT]
The Environmental Protection Agency proposes partial approval and partial
disapproval of State Implementation Plan (SIP) revisions regarding the Air Pollutant
Emission Notice (APEN) regulations submitted by Colorado Sept. 16, 1997, June 20,
2003, July 11, 2005, Aug. 8, 2006 and Aug. 1, 2007. The APEN provisions in
Sections II.A. through II.D., Part A of Colorado's Regulation Number 3, specify the
APEN filing requirements for stationary sources and exemptions from such
requirements.
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                     DEPARTMENT OF THE INTERIOR (DOI)

NEWLY PUBLISHED REGULATIONS

BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION AND ENFORCEMENT
(BOEMRE)

Renewable energy alternate uses of existing facilities on the Outer Continental Shelf,
acquire a lease noncompetitively: Withdrawal of direct final rule, published Jan. 25,
2011
[TEXT]
The Bureau of Ocean Energy Management, Regulation and Enforcement withdraws
the direct final rule to amend its renewable energy regulatory provisions regarding
noncompetitive acquisition of leases, published Nov. 26, 2010, under Docket ID:
BOEM-2010-0045. In the direct final rule, the agency stated that if it received
significant adverse comments during the rule's 30-day comment period, it would
publish a notice of withdrawal in the Federal Register.
   The agency has determined it has received significant adverse comments during
the comment period and, therefore, withdraws the direct final rule. The agency
intends to publish a notice of proposed rulemaking within 30 days of the date of this
notice to reinitiate rulemaking. All comments received in response to the original
Nov. 26, 2010, notice will be considered in relation to the proposed rule unless they
are withdrawn by the commenters.


PROPOSED REGULATIONS

SURFACE MINING RECLAMATION AND ENFORCEMENT OFFICE (OSM)

New Mexico regulatory program: Proposed rule, public comment period and
opportunity for public hearing on proposed amendment, published Jan. 25, 2011,
written comments on this amendment by 4 p.m., Mountain Daylight Time Feb. 24,
2011, requests to speak by 4 p.m., m.d.t. Feb. 9, 2011, public hearing Feb. 22, 2011
if requested
[TEXT]
The Office of Surface Mining Reclamation and Enforcement announces receipt of a
proposed amendment to the New Mexico regulatory program under the Surface
Mining Control and Reclamation Act. New Mexico proposes revisions to and additions
of rules about Ownership and Control. New Mexico intends to revise its program to
be consistent with the rules published in the Dec. 3, 2007 Federal Register notices,
Ownership and Control; Dec. 19, 2000, Application and Permit Information
Requirements, Permit Eligibility, definitions of Ownership and Control, the AVS,
Alternative Enforcement; and Oct. 28, 1994, Use of the AVS in Surface Coal Mining
Reclamation Permit Approval, Standards and Procedures for Ownership and Control
Determinations.
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MONEY:

            FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)

NEWLY PUBLISHED REGULATIONS

Orderly liquidation authority provisions of Dodd–Frank Wall Street Reform and
Consumer Protection Act: Interim final rule, published Jan. 25, 2011, effective Jan.
25, 2011, written comments by March 28, 2011
[TEXT]
The Federal Deposit Insurance Corporation issues an interim final rule that
implements certain provisions of its authority to resolve covered financial companies
under Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
This rule is to provide greater clarity and certainty about how key components of this
authority will be implemented and to ensure the liquidation process under Title II
reflects the Dodd-Frank Act's mandate of transparency in the liquidation of failing
systemic financial companies.
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               SECURITIES AND EXCHANGE COMMISSION (SEC)

NEWLY PUBLISHED REGULATIONS
Issuer review of assets in offerings of asset-backed securities: Final rule, published
Jan. 25, 2011, effective March 28, 2011, any registered offering of asset-backed
securities commencing with an initial bona fide offer after Dec. 31, 2011, must
comply with the new rules and forms
[TEXT]
The Securities and Exchange Commission adopts new requirements to implement
Section 945 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The
agency adopts a new rule under the Securities Act, to require any issuer registering
the offer and sale of an asset-backed security (ABS) to perform a review of the
assets underlying the ABS. The agency also adopts amendments to Item 1111 of
Regulation AB that would require an ABS issuer to disclose the nature of its review of
the assets and the findings and conclusions of the issuer's review of the assets.
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                                 TREASURY (USDT)

NEWLY PUBLISHED REGULATIONS

INTERNAL REVENUE SERVICE (IRS)

Hybrid retirement plans: Correction, published Jan. 25, 2011
[TEXT]
In rule document 2010-25941 beginning on page 64123 in the issue of Oct. 19,
2010, the following correction is made:

       Section 1.411(a)(13)-1 [Corrected]

          On page 64137, in Section 1.411(a)(13)-1, in the first column, in
       paragraph (e)(1)(iii)(E), in the fourth and fifth lines, “section 411(a)(13)(B)
       but would otherwise apply” should read “section 411(a)(13)(B) would
       otherwise apply”.


Source rules involving U.S. possessions and other conforming changes: correction,
published Jan. 25, 2011, effective Jan. 25, 2011, applicable April 9, 2008
[TEXT]
The Internal Revenue Service corrects final regulations published in the April 9, 2008
Federal Register, providing rules under Section 937(b) of the Internal Revenue Code
for determining whether income is derived from sources within a U.S. possession or
territory specified in Section 937(a)(1) (generally referred to in this preamble as a
territory) and whether income is effectively connected with the conduct of a trade or
business within a territory as well as providing guidance under Section 932 and other
provisions related to the territories.
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TRANSPORTATION

                             TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, Airbus Model A330–200, Model A330–300, Model A340–200
and Model A340–300 series airplanes: Final rule, request for comments, published
Jan. 25, 2011, effective Feb. 9, 2011, comments by March 11, 2011
[TEXT]
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the
unsafe condition described in the summary, below.

SUMMARY: The Federal Aviation Administration adopting a new AD for Airbus Model
A330–200, Model A330–300, Model A340–200 and Model A340–300 series airplanes.
This AD results from mandatory continuing airworthiness information (MCAI)
originated by an aviation authority of another country to identify and correct an
unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

           When there are significant differences between all airspeed sources, the
       flight controls of an Airbus A330 or A340 aeroplane will revert to alternate
       law, the autopilot (AP) and the auto-thrust (A/THR) automatically disconnect,
       and the Flight Directors (FD) bars are automatically removed.
           It has been identified that, after such an event, if two airspeed sources
       become similar while still erroneous, the flight guidance computers will:

       --Display FD bars again, and
       --Enable autopilot and auto-thrust re-engagement

          However, in some cases, the autopilot orders may be inappropriate, such
      as possible abrupt pitch command.
      *****
The unsafe condition is the potential for abrupt pitch command which may lead to
unexpected maneuvers of the airplane and cause injuries of the crew and
passengers, as well as reduced controllability of the airplane, and increased pilot
workload.


Airworthiness directives, Aircraft Industries a.s. Model L 23 Super Blanik sailplanes:
Final rule, request for comments, published Jan. 25, 2011, effective Feb. 14, 2011,
comments by March 11, 2011
[TEXT]
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the
unsafe condition described in the summary, below.

SUMMARY: The Federal Aviation Administration adopts a new AD for Aircraft
Industries a.s. Model L 23 Super Blanik sailplanes. This AD results from mandatory
continuing airworthiness information (MCAI) issued by the aviation authority of
another country to identify and correct an unsafe condition on an aviation product.
The MCAI describes the unsafe condition as:

         Cracks were reported on the rear horizontal stabilizer bracket of two L 23
       SUPER-BLANIK sailplanes.
         This condition, if not corrected, could result in no longer retaining the
       horizontal stabilizer in place and consequent loss of control of the aeroplane.


Airworthiness directives, Boeing Co. Model 727 airplanes: Final rule, published Jan.
25, 2011, effective March 1, 2011
[TEXT]
PURPOSE: This airworthiness directive (AD) was prompted by reports of scribe lines
found at skin lap joints and butt joints, around external repairs and antennas, and at
locations where external decals had been cut in Boeing Co. Model 727 airplanes. This
AD requires actions intended to detect and correct scribe lines, which can develop
into fatigue cracks in the skin and cause rapid decompression of the airplane.

SUMMARY: The Federal Aviation Administration adopts a new airworthiness directive
(AD) for Boeing Co. Model 727 airplanes. This AD requires inspections for scribe lines
in the fuselage skin at skin lap joints and butt joints, the skin at certain external
approved repairs, the skin around external features such as antennas, and the skin
at decals and fairings; and related investigative and corrective actions if necessary.


Airworthiness directives, Boeing Co. Model 767–300 series airplanes: Final rule,
published Jan. 25, 2011, effective March 1, 2011
[TEXT]
PURPOSE: This airworthiness directive (AD) was prompted by reports of cracking
found in the section 46 fuselage lower skin around the periphery of the VHF antenna
baseplate at station 1197 + 99 in Boeing Co. Model 767–300 series airplanes. This
AD requires actions intended to detect and correct fatigue cracks in the fuselage skin
and internal backup structure, which could result in rapid decompression of the
airplane.

SUMMARY: The Federal Aviation Administration adopts a new AD for Boeing Co.
Model 767–300 series airplanes. This AD requires repetitive inspections for cracks in
the fuselage skin and backup structure at the lower VHF antenna cutout at station
1197 + 99 between stringers 39 left and 39 right, and corrective actions if
necessary. Certain repairs terminate certain inspection requirements.


Airworthiness directives, SOCATA Model TBM 700 airplanes: Final rule, published Jan.
25, 2011, effective March 1, 2011
[TEXT]
PURPOSE: This airworthiness directive (AD) requires actions intended to correct the
unsafe condition described in the summary, below.

SUMMARY: The Federal Aviation Administration supersedes an existing AD for
SOCATA Model TBM 700 airplanes. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of another country
to identify and correct an unsafe condition on an aviation product. The MCAI
describes the unsafe condition as:

          Following the rupture of an alternator and vapour cycle cooling system
       pulley drive assembly, the AD 2008-0067-E was published to require the
       replacement of the pulley drive assembly by a new one of an improved
       design.
           Later on, cases of rupture of the alternator and vapour cycle cooling
        system compressor drive shaft and of cracks on the standby-alternator and
        compressor support were reportedly found. Such failures could lead to the
        loss of the alternator and of the vapour cycle cooling systems, and could also
        cause mechanical damage inside the power plant compartment.
           To address this condition, the AD 2008-0129-E superseded AD 2008-0067-
        E and mandates the removal, as a temporary measure, of the compressor
        drive belt and of the torque limiter, the conditional replacement of the pulley
        drive shear shaft, and repetitive inspections for cracks of the pulley drive
        assembly and of the alternator/compressor support.
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FEDERAL RAILROAD ADMINISTRATION (FRA)

Approval for operating certain railroad tank cars in excess of 263,000 pounds gross
rail load: Notice regarding FRA approval for operating certain railroad tank cars in
excess of 263,000 pounds gross rail load, published Jan. 25, 2011
[TEXT]
On May 14, 2010, the Pipeline and Hazardous Materials Safety Administration
published a final rule amending the Hazardous Materials Regulations (HMR) to
incorporate provisions contained in several widely used or longstanding special
permits that have an established safety record. The final rule titled, Hazardous
Materials: Incorporation of Special Permits into Regulations, in part, amended the
HMR to allow certain rail tank cars, transporting hazardous materials, to exceed the
gross weight on rail limitation of 263,000 pounds upon approval of the Federal
Railroad Administration. This action provides notice of the FRA's approval under the
final rule of the operation of certain tank cars in hazardous materials service that
exceed 263,000 pounds and weigh up to 286,000 pounds gross rail load.


PROPOSED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, Airbus Model A300 and A310 series airplanes, and Model
A300 B4–600, B4–600R, and F4–600R series airplanes, and Model C4 605R Variant F
airplanes (collectively called A300–600 series airplanes): Notice of proposed
rulemaking, published Jan. 25, 2011, comments by March 11, 2011
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) would require actions intended
to correct the unsafe condition described in the summary, below.

SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for
Airbus Model A300 and A310 series airplanes, and Model A300 B4–600, B4–600R,
and F4–600R series airplanes, and Model C4 605R Variant F airplanes (collectively
called A300–600 series airplanes) that would supersede three existing ADs. This
proposed AD results from mandatory continuing airworthiness information (MCAI)
originated by an aviation authority of another country to identify and correct an
unsafe condition on an aviation product. The MCAI describes the unsafe condition as:

          The airworthiness limitations applicable to the Damage Tolerant
       Airworthiness Limitation Items (DT ALI) are currently listed in Airbus ALI
       Documents, which are referenced in the A300, A310, and A300-600
       Airworthiness Limitations Section (ALS) Part 2. Airbus has recently revised the
       ALI Documents, which have been approved by the European Aviation Safety
       Agency (EASA).
       *****
          The actions contained in these revised documents, which introduce more
       restrictive maintenance requirements and/or airworthiness limitations, have
       been identified as mandatory actions for continued airworthiness. * * *

The unsafe condition is fatigue cracking, damage, or corrosion in principal structural
elements, which could result in reduced structural integrity of the airplane.


Airworthiness directives, Bombardier, Inc. Model CL 600 2C10 (Regional Jet Series
700, 701, & 702), CL 600 2D15 (Regional Jet Series 705), and CL 600 2D24
(Regional Jet Series 900) airplanes: Notice of proposed rulemaking, published Jan.
25, 2011, comments by March 11, 2011
[TEXT]
PURPOSE: This proposed airworthiness directive (AD) would require actions intended
to correct the unsafe condition described in the summary, below.

SUMMARY: The Federal Aviation Administration proposes to adopt a new AD for
Bombardier, Inc. Model CL 600 2C10 (Regional Jet Series 700, 701, & 702), CL 600
2D15 (Regional Jet Series 705), and CL 600 2D24 (Regional Jet Series 900)
airplanes. This proposed AD results from mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another country to identify
and correct an unsafe condition on an aviation product. The MCAI describes the
unsafe condition as:

          There have been two reported cases of failure of the MLG [main landing
       gear] piston axle, P/N [part number] 49203-3 or 49203-5, resulting from
       fretting between the inboard axle sleeve and axle thrust face, damage to the
       protective coating and consequent stress corrosion. In both cases, the MLG
       did not collapse.
       *****

   The unsafe condition is failure of the MLG, which could adversely affect the
airplane's safe landing.


FEDERAL RAILROAD ADMINISTRATION (FRA)

Hazardous materials, improving safety of railroad transportation of hazardous
materials: Notice of Public Meeting, published Jan. 25, 2011, public meeting 1 p.m.
Feb. 22, 2011
[TEXT]
The Federal Railroad Administration announces that it has scheduled a public
meeting in Washington, D.C., to discuss its process of issuing movement approvals
under Title 49 Code of Federal Regulations 174.50. In an effort to continually
improve this aspect of its safety program, the agency undertakes a comprehensive
review of its process of issuing movement approvals, and through this public meeting
seeks to gain input from all persons and stakeholders affected or interested in this
aspect of the agency's hazardous materials program.
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VETERANS:

                                  VETERANS (VA)

NEWLY PUBLISHED REGULATIONS

Herbicide exposure and veterans with covered service in Korea: Final rule, published
Jan. 25, 2011, effective Feb. 24, 2011, applicable to all applications for benefits
received by Feb. 24, 2011 and to all applications for benefits pending before the
Department of Veterans Affairs, the U.S. Court of Appeals for Veterans Claims, or the
U.S. Court of Appeals for the Federal Circuit Feb. 24, 2011
[TEXT]
The Department of Veterans Affairs adopts as a final rule its proposal to amend VA
adjudication, medical, and vocational rehabilitation and employment regulations to
incorporate relevant provisions of the Veterans Benefits Act. Specifically, this action
amends VA regulations regarding herbicide exposure of certain veterans who served
in or near the Korean demilitarized zone and regulations regarding spina bifida in
their children. It also amends the VA's medical regulations by correcting the Health
Administration Center's hand-delivery address.
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