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					COURTHOUSE NEWS SERVICE

                                Federal Regulation Brief
                                     July 18, 2011

AGRICULTURE:

                              AGRICULTURE (USDA)

NEWLY PUBLISHED REGULATIONS

AGRICULTURAL MARKETING SERVICE (AMS)

Irish potatoes grown in Washington, decreased assessment rate: Affirmation of
interim rule as final rule, published July 15, 2011, effective July 15, 2011
[TEXT]
The Department of Agriculture adopts, as a final rule, without change, an interim
rule that decreased the assessment rate established for the State of Washington
Potato Committee from $0.0035 to $0.003 per hundredweight of potatoes handled,
beginning the 2011-2012 fiscal period. The interim rule was to allow the Committee
to reduce its financial reserve while still providing adequate funding to meet program
expenses.
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COMMERCE:

                                 COMMERCE (DOC)

NEWLY PUBLISHED REGULATIONS

NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)

Atlantic highly migratory species, inseason action, commercial Gulf of Mexico non-
sandbar large coastal shark fishery: Fishery closure, published July 15, 2011,
effective 11:30 p.m. local time July 17, 2011, until and if the agency announces, via
a notice in the Federal Register, that additional quota is available and the season is
reopened
[TEXT]
The National Marine Fisheries Service closes the commercial fishery for non-sandbar
large coastal sharks in the Gulf of Mexico region because the quota for the 2011
fishing season is projected to have reached at least 80 percent of the available
quota.


PROPOSED REGULATIONS

INDUSTRY AND SECURITY BUREAU (BIS)
Export Administration Regulations, control of items the President determines no
longer warrant control under the U.S. Munitions List: Proposed rule, published July
15, 2011, comments by Sept. 13, 2011
[TEXT]
Based on a review ordered by President Barack Obama, Secretary of Defense Gates
determined last year that reform of the U.S. export control system is necessary to
enhance national security. The Departments of Commerce and State planned
reviewing and revising the two primary lists of controlled items–the Commerce
Control List (CCL) and the U.S. Munitions List (USML)–to accomplish this objective by
making the lists more “positive,” “aligned” and “tiered.” This rule proposes a new
regulatory construct for the transfer of items on the USML that, in accordance with
Section 38(f) of the Arms Export Control Act (AECA), the president determines no
longer warrant control under the AECA and that would be controlled under the Export
Administration Regulations (EAR) once the congressional notification requirements of
Section 38(f) and corresponding amendments to the International Traffic in Arms
Regulations and its USML and the EAR and its CCL are completed. In addition to
proposing a regulatory construct for transferring these items into the CCL, this rule
proposes the transfer of an initial tranche of items from the USML Category VII
(Tanks and Military Vehicles) to the CCL. This rule also proposes amending the EAR
to establish a process by which certain items moving from the USML to the CCL
would be made eligible for License Exception Strategic Trade Authorization, and
proposes the EAR amendments related to movement of the USML items to the CCL.
Finally, this action proposes establishing a new holding Export Control Classification
Number in which items that warrant a significant level of control, but are not
otherwise classified on the CCL, may be temporarily placed.
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                       FEDERAL TRADE COMMISSION (FTC)

NEWLY PUBLISHED REGULATIONS

Fair credit reporting risk-based pricing regulations: Final rules, published July 15,
2011, effective Aug. 15, 2011
[TEXT] [PDF]
On Jan. 15, 2010, the Board of Governors of the Federal Reserve System and the
Federal Trade Commission published final rules to implement the risk-based pricing
provisions in Section 311 of the Fair and Accurate Credit Transactions Act, which
amended the Fair Credit Reporting Act (FCRA). The final rules generally require a
creditor to provide a risk-based pricing notice to a consumer when the creditor uses
a consumer report to grant or extend credit to the consumer on material terms
materially less favorable than the most favorable terms available to a substantial
proportion of consumers from or through that creditor. The agencies amend their
respective risk-based pricing rules to require disclosure of credit scores and
information relating to credit scores in risk-based pricing notices if a credit score of
the consumer is used in setting the material terms of credit. These final rules reflect
the new requirements in Section 615(h) of the FCRA added by Section 1100F of the
Dodd-Frank Wall Street Reform and Consumer Protection Act.
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ENVIRONMENT, ENERGY & RESOURCES:

                      ENVIRONMENTAL PROTECTION (EPA)

NEWLY PUBLISHED REGULATIONS

Approvals and promulgations of air quality implementation plans, New Mexico,
infrastructure requirements for 1997 8-hour ozone and fine particulate matter
national ambient air quality standards: Final rule, published July 15, 2011, effective
Aug. 15, 2011
[TEXT]
The Environmental Protection Agency approves submittals from New Mexico
under the Clean Air Act (CAA) that address the infrastructure elements specified in
the CAA Section 110(a)(2), necessary to implement, maintain, and enforce the 1997
8-hour ozone and 1997 fine particulate matter (PM2.5) national ambient air quality
standards (NAAQS).


Approvals and promulgations of implementation plans, New York, revised format of
materials being incorporated by reference: Final rule, administrative change,
published July 15, 2011, effective July 15, 2011
[TEXT]
The Environmental Protection Agency revises the format of materials submitted by
New York incorporated by reference (IBR) into its State Implementation Plan. This
format revision primarily affects the “Identification of Plan” section of regulation. The
sections of regulation regarding provisions issued by the EPA, and state-submitted
materials not subject to IBR review, remain unchanged.


Approvals, disapprovals, and promulgations of air quality implementation plans,
Utah, revisions to New Source Review rules: Final rule, published July 15, 2011,
effective Aug. 15, 2011
[TEXT]
The Environmental Protection Agency partially approves and partially disapproves
revisions to Utah's Clean Air Act State Implementation Plan. Utah has a federally-
approved Prevention of Significant Deterioration preconstruction permit program for
new and modified sources impacting attainment areas in the state. Utah
requested approval of its revised rules to implement the non-vacated provisions of
the EPA's New Source Review Reform regulations. The EPA proposed approval of
these rules Jan. 7, 2009 and received adverse comments.


National Oil and Hazardous Substances Pollution Contingency Plan, National Priorities
List, deletion of the Hipps Road Landfill Superfund Site: Direct final rule, published
July 15, 2011, effective Sept. 13, 2011 unless adverse comments are received by
Aug. 15, 2011
[TEXT]
The Environmental Protection Agency Region 4 publishes a direct final Notice of
Deletion of the Hipps Road Landfill Superfund Site, in Jacksonville, Fla., from the
National Priorities List (NPL). The NPL, issued under Section 105 of the
Comprehensive Environmental Response, Compensation, and Liability Act, is an
appendix of the National Oil and Hazardous Substances Pollution Contingency Plan.
Revisions to California State Implementation Plan, South Coast Air Quality
Management District: Direct final rule, published July 15, 2011, effective Sept. 13,
2011 unless adverse comments are received by Aug. 15, 2011
[TEXT]
The Environmental Protection Agency approves revisions to the South Coast Air
Quality Management District part of the California State Implementation Plan. These
revisions concern volatile organic compound emissions from consumer paint thinner
& multi-purpose solvents and metalworking fluids & direct-contact lubricants.


PROPOSED REGULATIONS

Air quality, widespread use for onboard refueling vapor recovery and Stage II
Waiver: Proposed rule, published July 15, 2011, comments by Sept. 13, 2011,
requests to speak at a public hearing by Aug. 1, 2011
[TEXT]
The Environmental Protection Agency proposes criteria for determining whether
onboard refueling vapor recovery is in widespread use for controlling motor vehicle
refueling emissions throughout the motor vehicle fleet.


Approvals and promulgations of air quality implementation plans, Pennsylvania,
control of particulate matter emissions from operation of outdoor wood-fired boilers:
Proposed rule, published July 15, 2011, written comments by Aug. 15, 2011
[TEXT]
The Environmental Protection Agency proposes to approve a State Implementation
Plan revision submitted by Pennsylvania, regarding the control of particular matter
emissions from the operation of outdoor wood-fired boilers.


Approvals and promulgations of air quality implementation plans, West Virginia,
determination of attainment and clean data for annual 1997 fine particle standard for
Charleston Area: Proposed rule, published July 15, 2011, comments by Aug. 15,
2011
[TEXT]
The Environmental Protection Agency proposes to make two determinations
regarding the Charleston, W.V. fine particulate matter (PM2.5) nonattainment area
(Charleston Area). First, the EPA proposes to determine that the Charleston Area has
attained the 1997 annual average PM2.5 National Ambient Air Quality Standard
(NAAQS). Second, the EPA also proposes to determine that the area has attained the
1997 annual PM2.5 NAAQS, by its applicable attainment date of April 5, 2010.


National Oil and Hazardous Substances Pollution Contingency Plan, National Priorities
List, deletion of the Hipps Road Landfill Superfund Site: Proposed rule, published July
15, 2011, comments by Aug. 15, 2011
[TEXT]
The Environmental Protection Agency Region 4 issues a Notice of Intent To Delete
the Hipps Road Landfill Superfund Site in Jacksonville, Fla., from the National
Priorities List (NPL) and requests public comments. The NPL, issued under Section
105 of the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) is an appendix of the National Oil and Hazardous Substances Pollution
Contingency Plan.


Protection of stratospheric ozone, extension of global laboratory and analytical use
exemption for essential Class I ozone-depleting substances: Proposed rule, published
July 15, 2011, written comments by Sept. 13, 2011
[TEXT]
The Environmental Protection Agency proposes to extend the global laboratory and
analytical use exemption for the production and import of Class I ozone-depleting
substances through Dec. 31, 2014, consistent with the recent actions by the Parties
to the Montreal Protocol on Substances that Deplete the Ozone Layer. The exemption
allows U.S. entities to produce and import controlled substances for laboratory and
analytical uses not already identified by the EPA as nonessential. The EPA also
requests comments on adding to the list of procedures that are excluded from the
exemption uses that are noted in Decision XXI/6 (from the 21st Meeting of the
Parties to the Montreal Protocol). The EPA does not propose to add these procedures
at this time.


Revisions to California State Implementation Plan, San Joaquin Valley Unified Air
Pollution Control District: Proposed rule, published July 15, 2011, comments by Aug.
15, 2011
[TEXT]
The Environmental Protection Agency proposes a limited approval and limited
disapproval of revisions to the San Joaquin Valley Unified Air Pollution Control
District part of the California State Implementation Plan. These revisions concern
volatile organic compound emissions from the manufacture of polystyrene,
polyethylene, and polypropylene products. The EPA requests comments on this
proposal and plans to follow with a final action.


Revisions to California State Implementation Plan, South Coast Air Quality
Management District: Proposed rule, published July 15, 2011, comments by Aug. 15,
2011
[TEXT]
The Environmental Protection Agency proposes to approve revisions to the South
Coast Air Quality Management District part of the California State Implementation
Plan. These revisions concern volatile organic compound emissions from consumer
paint thinner & multi-purpose solvents and metalworking fluids & direct-contact
lubricants.
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GOVERNMENT:

                          PRESIDENTIAL DOCUMENTS

EXECUTIVE ORDERS
Committees: Establishment, Renewal, Termination, etc., Interagency Working Group
on Coordination of Domestic Energy Development and Permitting in Alaska (EO
13580): Issued July 12, 2011, published July 15, 2011
[TEXT]
President Barack Obama has ordered the establishment of an interagency working
group to coordinate the efforts of federal agencies responsible for overseeing the
safe and responsible development of onshore and offshore energy resources and
associated infrastructure in Alaska and to help reduce our dependence on foreign oil.
The group is to facilitate coordinated and efficient domestic energy development and
permitting in Alaska while ensuring that all applicable health, safety, and
environmental protection standards are fully met.
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HEALTH:

                      HEALTH AND HUMAN SERVICES (HHS)

NEWLY PUBLISHED REGULATIONS

FOOD AND DRUG ADMINISTRATION (FDA)

Food additives permitted for human consumption, hydroxypropyl cellulose: Final
rule, published July 15, 2011, effective July 15, 2011, electronic or written objections
and requests for a hearing by Aug. 15, 2011
[TEXT]
The Food and Drug Administration amends the food additive regulations for
hydroxypropyl cellulose by lowering the minimum permitted viscosity from 145
centipoises (cPs) to 10 cPs and to permit its use as a binder in dietary supplements.
This action is in response to a petition filed by Nisso America, Inc.


PROPOSED REGULATIONS

Patient Protection and Affordable Care Act, establishment of exchanges and qualified
health plans: Proposed rule, published July 15, 2011, comments by 5 p.m. Eastern
Standard Time Sept. 28, 2011
[TEXT]
The Department of Health and Human Services proposes to implement the new
Affordable Insurance Exchanges (Exchanges), consistent with Title I of the
Patient Protection and Affordable Care Act as amended by the Health Care and
Education Reconciliation Act, referred to collectively as the Affordable Care Act.
The Exchanges will provide competitive marketplaces for individuals and small
employers to directly compare available private health insurance options on the basis
of price, quality, and other factors. The Exchanges, which will become operational by
Jan. 1, 2014, will help enhance competition in the health insurance market, improve
choice of affordable health insurance, and give small businesses the same
purchasing clout as large businesses.
   A detailed Preliminary Regulatory Impact Analysis associated with this proposed
rule is available at http://cciio.cms.gov under “Regulations and Guidance.” A
summary of the aforementioned analysis is included as part of this proposed rule.
Patient Protection and Affordable Care Act, standards related to reinsurance, risk
corridors and risk adjustment: Proposed rule, published July 15, 2011, comments by
5 p.m. Eastern Standard Time Sept. 28, 2011
[TEXT]
The Department of Health and Human Services proposes to implement standards for
states related to reinsurance and risk adjustment, and for health insurance issuers
related to reinsurance, risk corridors, and risk adjustment consistent with Title I of
the Patient Protection and Affordable Care Act as amended by the Health Care and
Education Reconciliation Act of 2010, referred to collectively as the Affordable Care
Act. These programs will mitigate the impact of potential adverse selection and
stabilize premiums in the individual and small group markets as insurance reforms
and the Affordable Insurance Exchanges (Exchanges) are implemented, starting in
2014. The transitional state-based reinsurance program serves to reduce the
uncertainty of insurance risk in the individual market by making payments for high-
cost cases. The temporary federally-administered risk corridor program serves to
protect against uncertainty in the Exchanges by limiting the extent of issuer losses
(and gains). On an ongoing basis, the state-based risk adjustment program is
intended to provide adequate payments to health insurance issuers that attract high-
risk populations (such as individuals with chronic conditions).
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MONEY:

            FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)

NEWLY PUBLISHED REGULATIONS

Certain orderly liquidation authority provisions under Title II of Dodd–Frank Wall
Street Reform and Consumer Protection Act: Final rule, published July 15, 2011,
effective Aug. 15, 2011
[TEXT]
The Federal Deposit Insurance Corporation 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, by establishing a more
comprehensive framework for the implementation of the agency's orderly liquidation
authority and providing greater transparency to the process.
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                        FEDERAL RESERVE SYSTEM (FRS)

NEWLY PUBLISHED REGULATIONS

Equal credit opportunity: Final rule, published July 15, 2011, effective Aug. 15, 2011
[TEXT]
The Board of Governors of the Federal Reserve System’s Regulation B contains
model notices creditors can use to let consumers know of adverse actions taken
against them. The agency has amended the model notices to include the disclosure
of credit scores and related information if a credit score is used in taking adverse
action against a credit applicant. The revision implements a portion of the Dodd-
Frank Wall Street Reform and Consumer Protection Act.


Fair credit reporting risk-based pricing regulations: Final rules, published July 15,
2011, effective Aug. 15, 2011
[TEXT] [PDF]
On Jan. 15, 2010, the Board of Governors of the Federal Reserve System and the
Federal Trade Commission published final rules to implement the risk-based pricing
provisions in Section 311 of the Fair and Accurate Credit Transactions Act, which
amended the Fair Credit Reporting Act (FCRA). The final rules generally require a
creditor to provide a risk-based pricing notice to a consumer when the creditor uses
a consumer report to grant or extend credit to the consumer on material terms
materially less favorable than the most favorable terms available to a substantial
proportion of consumers from or through that creditor. The agencies amend their
respective risk-based pricing rules to require disclosure of credit scores and
information relating to credit scores in risk-based pricing notices if a credit score of
the consumer is used in setting the material terms of credit. These final rules reflect
the new requirements added by the Dodd-Frank Wall Street Reform and Consumer
Protection Act.
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                SECURITIES AND EXCHANGE COMMISSION (SEC)

NEWLY PUBLISHED REGULATIONS

Retail foreign exchange transactions: Interim final temporary rule, request for
comments, published July 15, 2011, Rule 15b12-1T effective July 15, 2011 until July
16, 2012, comments by Sept. 13, 2011
[TEXT]
Under Section 742(c) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act, certain foreign exchange transactions with persons who are not
“eligible contract participants” (retail forex transactions, and as further defined in the
interim final temporary rule) with a registered broker or dealer (broker-dealer) is
prohibited as of July 16, 2011, in the absence of the Securities and Exchange
Commission adopting a rule to allow such transactions under terms and conditions
prescribed by the agency. The agency adopts interim final temporary Rule 15b12-1T
to allow a registered broker-dealer to engage in a retail forex business until July 16,
2012, provided that the broker-dealer complies with the Securities Exchange Act, the
rules and regulations thereunder, and the rules of the self-regulatory organization(s)
of which the broker-dealer is a member, insofar as they are applicable to retail forex
transactions.
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NATIONAL SECURITY:

                            HOMELAND SECURITY (DHS)

NEWLY PUBLISHED REGULATIONS
COAST GUARD (USCG)

Safety zone, annual events requiring safety zones in Milwaukee Harbor, Milwaukee,
Wisconsin: Notice of enforcement of regulation, published July 15, 2011, enforced
various times between 10 p.m. July 21 and 11 p.m. July 30, 2011 and again between
10:15 p.m. and 11 p.m. Aug. 21, 2011
[TEXT]
The U.S. Coast Guard enforces a safety zone for annual fireworks events in the
Captain of the Port Sector Lake Michigan zone at various times immediately prior to,
during and immediately after fireworks events.


Safety zone, Bowling Green State University Football Gridiron Classic Golf and Dinner
fireworks, Catawba Island Club, Port Clinton, Ohio: Temporary final rule, published
July 15, 2011, effective 9:30 p.m. July 25 to 10 p.m. July 25, 2011
[TEXT]
The U.S. Coast Guard establishes a temporary safety zone in the Captain of the Port
Detroit zone on Lake Erie, Port Clinton, Ohio, to restrict vessels from parts of Lake
Erie during the Bowling Green State University Football Gridiron Classic Golf and
Dinner fireworks.


Safety zone, Chicago Harbor, Navy Pier Southeast, Chicago, Illinois: Notice of
enforcement of regulation, published July 15, 2011, enforced at various times and
dates between 9:15 p.m. Aug. 3 to 9:45 p.m. Aug. 31, 2011
[TEXT]
The U.S. Coast Guard enforces the Navy Pier Southeast safety zone in Chicago
Harbor immediately prior to, during and immediately after fireworks events.


Safety zone, Truman–Hobbs alteration of Elgin Joliet and Eastern Railroad
Drawbridge, Illinois River, Morris, Illinois: Temporary final rule, published July 15,
2011, effective July 15 to 7 a.m. July 16, 2011, effective with actual notice for
enforcement 7 a.m. July 8 to 7 a.m. July 16, 2011
[TEXT]
The U.S. Coast Guard establishes a temporary safety zone on the Illinois River near
Morris, Ill., to restrict vessels from part of the Illinois River due to the Truman-Hobbs
alteration of the Elgin Joliet & Eastern Railroad Drawbridge.
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SOCIAL SECURITY:

                              SOCIAL SECURITY (SSA)

NEWLY PUBLISHED REGULATIONS

Electronic substitutions: Final rule with request for comments, published July 15,
2011, effective July 15, 2011, comments by Sept. 13, 2011
[TEXT]
The Social Security Administration revises its regulations to reflect its use of
electronic case processing at the initial and reconsideration levels of its
administrative review process.
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TRANSPORTATION

                              TRANSPORTATION (DOT)

NEWLY PUBLISHED REGULATIONS

FEDERAL AVIATION ADMINISTRATION (FAA)

Airworthiness directives, Airbus Model A330–342 airplanes: Final rule, request for
comments, published July 15, 2011, effective Aug. 1, 2011, comments by Aug. 29,
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 Airbus Model
A330–342 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:

       *****
          Following a query from an operator, investigations revealed that some MSN
       [manufacturer serial number], for which Airbus modification 40391 was
       indicated as fully embodied inside the Aircraft Inspection Report (AIR), did not
       have Modification Proposal (MP-S10437) which is part of this modification
       embodied in production.
          As a result, ALI [Airworthiness Limitation Item] task 533105-01-02 has not
       been performed on the MSN listed in the applicability section of this AD, which
       constitutes an unsafe condition.
       *****

The unsafe condition is fatigue cracking of the internal structure of the fuselage,
which could adversely affect the structural integrity of the airplane.


Airworthiness directives, B/E Aerospace, Continuous Flow Passenger Oxygen Mask
Assembly, Part Numbers 174006–(), 174080–(), 174085–(), 174095–(), 174097–(),
and 174098–(): Final rule, published July 15, 2011, effective Aug. 19, 2011
[TEXT]
PURPOSE: This airworthiness directive (AD) was prompted by a report that several
oxygen mask assemblies with broken in-line flow indicators were found following a
mask deployment in B/E Aerospace, Continuous Flow Passenger Oxygen Mask
Assembly, Part Numbers 174006–(), 174080–(), 174085–(), 174095–(), 174097–(),
and 174098–(). This AD requires actions intended to prevent the in-line flow
indicators of the oxygen mask assembly from fracturing and separating, which could
inhibit oxygen flow to the masks. This condition could consequently result in
occupants developing hypoxia following a depressurization event.

SUMMARY: The Federal Aviation Administration adopts a new AD for B/E Aerospace,
Continuous Flow Passenger Oxygen Mask Assembly, Part Numbers 174006–(),
174080–(), 174085–(), 174095–(), 174097–(), and 174098–(), except for those
currently affected by similar action through any of five ADs applicable to Boeing
products. This AD requires an inspection/records check to determine the
manufacturer and part number of the oxygen mask assemblies installed, an
inspection to determine the manufacturing date and modification status if certain
oxygen mask assemblies are installed, and corrective action for certain oxygen mask
assemblies.


Airworthiness directives, Boeing Co. Model 747 airplanes: Final rule, published July
15, 2011, effective Aug. 19, 2011
[TEXT]
PURPOSE: This airworthiness directive (AD) was prompted by fleet information on
Boeing Co. Model 747 airplanes indicating that the repetitive inspection interval in
the existing AD is too long because excessive chafing of the sleeving continues to
occur much earlier than expected between scheduled inspections. This AD requires
actions intended to detect and correct abrasion of the Teflon sleeving and wires in
the bundles of the fuel boost pumps for the numbers 1 and 4 main fuel tanks and of
the auxiliary tank jettison pumps (if installed), which could result in electrical arcing
between the wires and aluminum conduit and consequent fire or explosion of the fuel
tank.

SUMMARY: The Federal Aviation Administration supersedes an existing AD that
applies to Boeing Co. Model 747 airplanes. That AD currently requires repetitive
inspections to detect damage of the sleeving and wire bundles of the boost pumps of
the numbers 1 and 4 main fuel tanks, and of the auxiliary tank jettison pumps (if
installed); replacement of any damaged sleeving with new sleeving; and repair or
replacement of any damaged wires with new wires. For airplanes on which any
burned wires are found, that AD also requires an inspection to detect damage of the
conduit, and replacement of any damaged conduit with a serviceable conduit. This
new AD reduces the initial compliance time and repetitive inspection interval in the
existing AD.


Airworthiness directives, Boeing Co. Model 747–400 and –400D series airplanes:
Final rule, published July 15, 2011, effective Aug. 19, 2011
[TEXT]
PURPOSE: This airworthiness directive (AD) was prompted by a report of a fuel leak
from the main fuel feed tube at the number two engine pylon in Boeing Co. Model
747–400 and –400D series airplanes. This AD requires actions intended to detect and
correct chafing of the main fuel feed tube and the alternating current motor-driven
hydraulic pump wire bundle, which could lead to arcing from the exposed wire to the
fuel feed tube, and could result in a fire or explosion.

SUMMARY: The Federal Aviation Administration adopts a new AD for Boeing Co.
Model 747–400 and –400D series airplanes. This AD requires a general visual
inspection to determine the routing of the wire bundles in the number two and
number three engine pylons near the leading edge, and related investigative
and corrective actions if necessary. For certain airplanes, this AD also requires
certain concurrent actions.


Airworthiness directives, Boeing Co. Model DC–9–81 (MD–81), DC–9–82 (MD–82),
DC–9–83 (MD–83), DC–9–87 (MD–87), and MD–88 airplanes: Final rule, published
July 15, 2011, effective Aug. 19, 2011
[TEXT]
PURPOSE: This airworthiness directive (AD) was prompted by reports of cracked
vertical stabilizer skin, a severed front spar cap, elongated fastener holes at the
leading edge of the vertical stabilizer, and a cracked front spar web and front spar
cap bolt holes in the vertical stabilizer in Boeing Co. Model DC–9–81 (MD–81), DC–
9–82 (MD–82), DC–9–83 (MD–83), DC–9–87 (MD–87), and MD–88 airplanes. This
AD requires actions intended to detect and correct such cracking damage, which
could result in the structure being unable to support limit load, and could lead to the
loss of the vertical stabilizer.

SUMMARY: The Federal Aviation Administration adopts a new AD for Boeing Co.
Model DC–9–81 (MD–81), DC–9–82 (MD–82), DC–9–83 (MD–83), DC–9–87 (MD–
87), and MD–88 airplanes. This AD requires a detailed inspection to detect distress
and existing repairs to the leading edge structure of the vertical stabilizer at the
splice at Station Zfs = 52.267; repetitive inspections for cracking in the front spar
cap forward flanges of the vertical stabilizer, and either the aft flanges or side skins;
repetitive inspections for loose and missing fasteners; and related investigative and
corrective actions if necessary.


Airworthiness directives, Bombardier, Inc. Model CL–600–2A12 (CL–601) and CL–
600–2B16 (CL–601–3A, CL–601–3R, and CL–604 Variants) airplanes: Final rule,
published July 15, 2011, effective Aug. 19, 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 Bombardier,
Inc. Model CL–600–2A12 (CL–601) and CL–600–2B16 (CL–601–3A, CL–601–3R, and
CL–604 Variants) 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:

       During flight-testing of a wing anti-ice piccolo tube containing a deliberate
       small breach, it was determined that the wing leading edge thermal switches
       were not detecting the consequent bleed leak at the design threshold. As a
       result, new Airworthiness Limitation tasks, consisting of a functional test of
       the wing leading edge thermal switches and an inspection of the wing
       anti-ice duct piccolo tubes, have been introduced in order to limit
       exposure to dormant failure of the switches in the event of piccolo
       tube failure, which could potentially compromise the structural
       integrity of the wing leading edge and the effectiveness of the wing
       anti-ice system.
Airworthiness directives, Hawker Beechcraft Corporation Models B300 and B300C (C–
12W) airplanes: Final rule, published July 15, 2011, effective Aug. 19, 2011
[TEXT]
PURPOSE: This airworthiness directive (AD) was prompted by an error found in the
take-off speeds and field lengths published in the FAA-approved airplane flight
manual for certain Hawker Beechcraft Corporation Models B300 and B300C (C-12W)
airplanes. This AD requires a correction to the published data in the airplane flight
manual and the pilot's operating handbook to ensure it corresponds with the
published data in the pilot's checklist. This condition, if not corrected, could result in
a pilot taking off from shorter runways than required by the airplane if the airplane
loses an engine after takeoff decision speed (V1). This could result in the airplane
running out of runway before take-off can be accomplished.

SUMMARY: The Federal Aviation Administration adopts a new AD for certain
Hawker Beechcraft Corporation Models B300 and B300C (C-12W) airplanes.


Airworthiness directives, Lockheed Martin Corp./Lockheed Martin Aeronautics Co.
Model 382, 382B, 382E, 382F, and 382G airplanes: Final rule, published July 15,
2011, effective Aug. 19, 2011
[TEXT]
PURPOSE: This airworthiness directive (AD) was prompted by a report of incorrect
accomplishment information in the service information cited by the existing AD for
Lockheed Martin Corp./Lockheed Martin Aeronautics Co. Model 382, 382B, 382E,
382F, and 382G airplanes. This AD requires actions intended to prevent the potential
for ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or
maintenance actions, which, in combination with flammable fuel vapors,
could result in a fuel tank explosion and consequent loss of the airplane.

SUMMARY: The Federal Aviation Administration supersedes an existing AD for all
Lockheed Martin Corp./Lockheed Martin Aeronautics Co. Model 382, 382B, 382E,
382F, and 382G airplanes. That AD currently requires revising the FAA-approved
maintenance program by incorporating new airworthiness limitations for fuel tank
systems to satisfy Special Federal Aviation Regulation No. 88 requirements. That
AD also requires the accomplishment of certain fuel system modifications, the initial
inspections of certain repetitive fuel system limitations to phase in those inspections,
and repair if necessary. This new AD corrects certain part number references, adds
an additional inspection area, and for certain airplanes, requires certain actions to be
re-accomplished according to revised service information.


Airworthiness directives, MD helicopters, Inc. Model MD900 helicopters: Final rule,
request for comments, published July 15, 2011, effective Aug. 1, 2011, comments by
Sept. 13, 2011
[TEXT]
PURPOSE: Since issuing a previous airworthiness directive (AD) for MD Helicopters,
Inc. (MDHI) Model MD900 helicopters prompted by two reports of cracks detected in
the hub in the area near the flex beam bolt hole locations during maintenance, the
Federal Aviation Administration determined that one manufacturer had incorrectly
inserted flanged bushings into the lower hub bore that resulted in local corrosion,
leading to fatigue cracking. Examination of lower hubs from the other manufacturer
shows correct bushing installation. Therefore, this amendment limits the applicability
to the affected lower hubs; retains the visual inspection but at a different compliance
time; adds an eddy current inspection; retains the requirement to replace a cracked
lower hub with an airworthy lower hub before further flight; and removes the
requirement to report to the LAACO. This AD requires actions intended to detect a
crack in the lower hub and prevent failure of the lower hub and subsequent loss of
control of the helicopter.

SUMMARY: The FAA supersedes an existing AD for MDHI Model MD900 helicopters.
That AD currently requires visually inspecting the main rotor lower hub assembly
(lower hub) for a crack, and if you find a crack, before further flight, replacing the
unairworthy lower hub with an airworthy lower hub. Additionally, within 10 days of
finding a cracked lower hub, the existing AD requires reporting the finding to the Los
Angeles Aircraft Certification Office (LAACO). That AD was MDHI Model MD900
helicopters.


Airworthiness directives, Saab AB, Saab Aerosystems Model SAAB 2000 airplanes:
Final rule, published July 15, 2011, effective Aug. 19, 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 Saab AB, Saab
Aerosystems Model SAAB 2000 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:

          A report has been received of an incident where one of the two bolts
       attaching the actuator mounting bracket to the MLG [main landing gear]
       Shock Strut was found loose, leading to failure of the other attachment bolt,
       subsequently resulting in failure of the bracket.
          This condition, if not detected and corrected, could prevent the MLG to
       extend to the full down-and-locked position, possibly resulting in MLG collapse
       upon landing or during roll-out, with consequent damage to the aeroplane
       and injury to the occupants.
       *****


PROPOSED REGULATIONS

Reporting ancillary airline passenger revenues: Notice of Proposed Rulemaking,
published July 15, 2011, comments by Sept. 13, 2011
[TEXT]
The U.S. Department of Transportation proposes to collect revenue information in a
more detailed manner regarding airline imposed fees from those air carriers meeting
the definition of a large certificated air carrier, to make airline pricing more
transparent to consumers and airline analysts.

FEDERAL AVIATION ADMINISTRATION (FAA)

Amendments of Class E airspace, Miles City, Montana: Notice of proposed
rulemaking, published July 15, 2011, comments by Aug. 29, 2011
[TEXT]
The Federal Aviation Administration proposes to modify Class E airspace at Frank
Wiley Field, Miles City, Mont., to accommodate aircraft using new Area Navigation
Global Positioning System standard instrument approach procedures at the airport.
Additionally, the geographic coordinates for the airport would be adjusted.
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VETERANS:

                                 VETERANS (VA)

NEWLY PUBLISHED REGULATIONS

Presumptive connection for diseases associated with service during the Persian Gulf
War, functional gastrointestinal disorders: Final rule, published July 15, 2011,
effective Aug. 15, 2011, applicable to claims pending before, filed with or remanded
to the VA on or after Aug. 15, 2011
[TEXT]
The Department of Veterans Affairs will assume an association between military
service in the Southwest Asia theater of operations during the Persian Gulf War and
later development of functional gastrointestinal disorders, when assigning benefits.
The Department of Veterans Affairs adopts the proposal to amend its adjudication
regulations regarding presumptive service connection for medically unexplained
chronic multisymptom illnesses associated with service in the Southwest Asia
theater of operations.
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