July 23, 2010
AGRICULTURE:
AGRICULTURE (USDA)
NEWLY PUBLISHED REGULATIONS
RURAL UTILITIES SERVICE (RUS)
Guarantees for bonds and notes issued for electrification or telephone purposes:
Final rule, published July 22, 2010, effective Aug. 23, 2010
[TEXT]
The Rural Utilities Service amends its regulations for the guarantee program for cooperative and other not-for-profit lenders that make loans for eligible electric and telephone purposes. These proposed amendments implement changes adopted in the Food, Conservation and Energy Act. The intended effect is to update agency regulations to reflect current statutory authority.
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COMMERCE:
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries off west coast states, coastal pelagic species fisheries, closure: Temporary rule, closure, published July 22, 2010, effective 12:01 am Pacific Daylight Time July
22, through Sept. 14, 2010
[TEXT]
The National Marine Fisheries Service prohibits directed fishing for Pacific sardine off the coasts of Washington, Oregon and California. This action is because the directed harvest allocation total for the second seasonal period (July 1 – Sept. 14) is projected to be reached by the effective date of this rule. From the effective date of this rule until Sept. 15, 2010, Pacific sardine can only be harvested as part of the live bait fishery or incidental to other fisheries; the incidental harvest of Pacific sardine is limited to 30-percent by weight of all fish per trip. Fishing vessels must be at shore and in the process of offloading at 12:01 am Pacific Daylight Time on date of closure.
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ENVIRONMENT, ENERGY & RESOURCES:
ENERGY (DOE)
NEWLY PUBLISHED REGULATIONS
Energy Conservation Program for consumer products, test procedure for microwave ovens, repeal of active mode test procedure provisions: Final rule, published July 22,
2010, effective July 22, 2010
[TEXT]
The U.S. Department of Energy repeals the regulatory provisions establishing the cooking efficiency test procedure for microwave ovens under the Energy Policy and
Conservation Act. The agency has determined that the microwave oven test procedure to measure the cooking efficiency does not produce accurate and repeatable test results and is unaware of any test procedures developed that address the concerns with the agency’s microwave oven cooking efficiency test procedure.
PROPOSED REGULATIONS
Energy Conservation Program for consumer products, test procedure for microwave ovens: Notice of public meeting, published July 22, 2010, public meeting Sept. 16,
2010, 9 a.m. to 4 p.m., in Washington, DC, requests to speak by 4 p.m., Sept. 2,
2010, original and an electronic copy of statements by 4 p.m., Sept. 9, 2010
[TEXT]
The U. S. Department of Energy determined that the current active mode provisions in its test procedure for microwave ovens do not produce accurate and repeatable test results, and is also unaware of any test procedures that have been developed that address the concerns with the agency microwave oven cooking efficiency test procedure. Elsewhere in the July 22, 2010 Federal Register, the agency published a final rule to repeal the active mode test procedures for microwave ovens established under the Energy Policy and Conservation Act. The agency convenes this public meeting to discuss and receive comments on several issues related to active mode test procedures for microwave ovens to consider in developing a new active mode microwave oven test procedure.
Energy Conservation Program for consumer products, test procedure for microwave ovens: Supplemental notice of proposed rulemaking, published July 22, 2010, public meeting Sept. 16, 2010, from 9 a.m. to 4 p.m., in Washington, DC, requests to speak by 4 p.m., Sept. 2, 2010, original and an electronic copy of statements by 4 p.m., Sept. 9, 2010, comments, data, and information before and after the public meeting, and by Oct. 4, 2010
[TEXT]
On Oct. 17, 2008, the U.S. Department of Energy issued a notice of proposed rulemaking in which it proposed test procedures for microwave ovens under the
Energy Policy and Conservation Act to measure standby mode and off mode power use by microwave ovens. After additional research and analysis, the agency proposes adding definitions of modes based on the relevant provisions from the IEC Standard
62301, Household electrical appliances--Measurement of standby power, Second
Edition, Committee Draft for Vote, and language to clarify application of these provisions for measuring standby mode and off mode power consumption in microwave ovens.

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ENVIRONMENTAL PROTECTION (EPA)
PROPOSED REGULATIONS
Approvals and promulgations of implementation plans, New Jersey, 8-hour ozone control measures: Proposed rule, published July 22, 2010, comments by Aug. 23,
2010
[TEXT]
The Environmental Protection Agency proposes to approve a request by New Jersey to revise the State Implementation Plan for ozone involving the control of volatile organic compounds.
National emission standards for hazardous air pollutants for major sources, industrial, commercial, and institutional boilers and process heaters, national emission standards for hazardous air pollutants for area sources, industrial, commercial, and institutional boilers, standards of performance for new stationary sources and emission guidelines for existing sources, commercial and industrial solid waste incineration units: Extension of public comment period to Aug. 23, 2010, published July 22, 2010
[TEXT]
The Environmental Protection Agency extends the comment period for three related proposed rules until Aug. 23, 2010. The Environmental Protection Agency
Administrator signed proposed emission standards for the following source categories: Industrial, Commercial, and Institutional Boilers and Process Heaters at major sources; Industrial, Commercial, and Institutional Boilers at area sources; and
Commercial and Industrial Solid Waste Incineration Units. These proposed actions were signed on April 29, 2010, and published June 4, 2010.
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GOVERNMENT:
PRESIDENTIAL DOCUMENTS
EXECUTIVE ORDERS
Ocean, Coastal, and Great Lake Ecosystems, Protection and Management (EO
13547): Executive Order 13547 of July 19, 2010, published July 22, 2010
[TEXT]
President Obama has created the National Ocean Council to implement a new national marine stewardship policy focused on the protection, maintenance, and restoration of the health of ocean, coastal, and Great Lakes ecosystems and resources. Obama also adopted the Final Recommendation of the Interagency Ocean
Task Force, a panel created he created in June 2009 to develop recommendations to guide federal policy on marine sustainability issues.

ADMINISTRATIVE ORDERS
Government Agencies and Employees, Protecting Workers and Ensuring
Reemployment (POWER), Presidential Initiative (Memorandum of July 19, 2010):
Published July 22, 2010
[TEXT]
President Obama has initiated a 4-year Protecting Our Workers and Ensuring
Reemployment (POWER) Initiative, covering fiscal years 2011 through 2014. The
POWER Initiative extending prior workplace safety and health efforts of the Federal
Government by setting more aggressive performance targets, encouraging the collection and analysis of data on the causes and consequences of frequent or severe injury and illness, and prioritizing safety and health management programs that have proven effective in the past.
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MONEY:
SECURITIES AND EXCHANGE COMMISSION (SEC)
NEWLY PUBLISHED REGULATIONS
Rules of organization, conduct and ethics, and information and requests: Final rule, technical amendment, published July 22, 2010, effective July 22, 2010
[TEXT]
The Securities and Exchange Commission makes technical amendments to the rule by which authority is delegated to the Director of the Division of Enforcement. The amendments update references to the provision in the Securities Act which authorizes the agency to issue subpoenas in investigations under the Act, and delete references to the Public Utility Holding Company Act.
PROPOSED REGULATIONS
Concept release on U.S. Proxy System: Concept release, request for comments, published July 22, 2010, comments by Oct. 20, 2010
[TEXT] [PDF]
The Securities and Exchange Commission publishes this concept release to solicit comment on various aspects of the U.S. proxy system. It has been many years since the agency conducted a broad review of the system, and it is aware of industry and investor interest in it’s consideration of an update to its rules to promote greater efficiency and transparency in the system and enhance the accuracy and integrity of the shareholder vote.
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TREASURY (USDT)
NEWLY PUBLISHED REGULATIONS
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU (TTB)

Establishment of the Sierra Pelona Valley Viticultural Area: Final rule, Treasury decision, published July 22, 2010, effective Aug. 23, 2010
[TEXT]
The Alcohol and Tobacco Tax and Trade Bureau establishes the 9.7-square mile
“Sierra Pelona Valley” American viticultural area in southern California. The agency designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.
Increase in tax rates on tobacco products and cigarette papers and tubes, floor stocks tax on certain tobacco products, cigarette papers, and cigarette tubes, and changes to basis for denial, suspension, or revocation of permits: Final rule, Treasury decision, published July 22, 2010, effective Aug. 23, 2010
[TEXT]
The Alcohol and Tobacco Tax and Trade Bureau adopts as a final rule, with minor technical changes, temporary regulations that implemented certain provisions of the
Children's Health Insurance Program Reauthorization Act. The regulatory amendments involved increases in the federal excise tax rates on tobacco products and cigarette papers and tubes, the floor stocks tax provisions of the Act, and the new statutory criteria for denial, suspension, or revocation of tobacco permits.
PROPOSED REGULATIONS
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU (TTB)
Standards for pipe tobacco and roll-your-own tobacco: Advance notice of proposed rulemaking, request for Comments, published July 22, 2010, comments by Sept. 20,
2010
[TEXT]
The Alcohol and Tobacco Tax and Trade Bureau is requesting public comments on standards proposed to distinguish between pipe tobacco and roll-your-own tobacco for federal excise tax purposes based upon certain physical characteristics of the two products. The agency is also requesting comments on any other physical characteristics that may be used for such purposes.
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NATIONAL SECURITY:
HOMELAND SECURITY (DHS)
NEWLY PUBLISHED REGULATIONS
Electronic signature and storage of Form I–9, Employment Eligibility Verification:
Final rule, published July 22, 2010, effective Aug. 23, 2010
[TEXT]
The U.S. Immigration and Customs Enforcement amends Department of Homeland
Security regulations to provide that employers and recruiters or referrers for a fee who are required to complete and retain the Form I-9, Employment Eligibility

Verification, may sign this form electronically and retain this form in an electronic format. This final rule makes minor changes to an interim final rule promulgated in
2006.
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COAST GUARD (USCG)
Safety zones, Lyme Community Days, Chaumont Bay, New York: Temporary final rule, published July 22, 2010, effective 9:30 p.m. to 10 p.m. July 24, 2010
[TEXT]
The Coast Guard establishes a temporary safety zone for Lyme Community Days
Fireworks on Chaumont Bay, Lyme, N.Y. All vessels are prohibited from traveling the zone except as specifically authorized by the Captain of the Port or a designated representative. This safety zone restricts vessel traffic on navigable waters of the
United States for public safety immediately prior to, during, and immediately after the fireworks event.
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SOCIAL SECURITY:
SOCIAL SECURITY (SSA)
PROPOSED REGULATIONS
Amendments to procedures for certain determinations and decisions: Notice of proposed rulemaking, published July 22, 2010, comments by Sept. 20, 2010
[TEXT]
The Social Security Administration proposes to revise the procedures for how claimants who request hearings before administrative law judges may seek further review of their fully favorable revised determinations based on prehearing case reviews or fully favorable attorney advisor decisions. The agency also proposes to notify claimants who receive partially favorable determinations based on prehearing case reviews that an administrative law judge will still hold a hearing unless all parties to the hearing tell the SSA in writing that it should dismiss the hearing requests. The agency expects these changes simplify the process and free up administrative resources that can be better used to reduce the hearings level case backlog.
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TRANSPORTATION
TRANSPORTATION (DOT)
NEWLY PUBLISHED REGULATIONS
Posting of flight delay data on web sites: Direct final rule, confirmation of effective date, published July 22, 2010, effective July 21, 2010
[TEXT]

The Department of Transportation confirms the effective date of the direct final rule amending the time period for uploading flight performance information to a reporting air carrier's web site from anytime between the 20th and 23rd day of the month to the fourth Saturday of the month.
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FEDERAL AVIATION ADMINISTRATION (FAA)
Airworthiness directives, Airbus Model A330–200 and –300 series airplanes, and
A340–200, –300, –500, and –600 series airplanes: Final rule, published July 22,
2010, effective Aug. 26, 2010
[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 airworthiness directive
(AD) for Airbus Model A330–200 and –300 series airplanes, and A340–200, –300, –
500, and –600 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:
Several cases of corrosion and damage on the Down Drive Shafts (DDS), between the Down Drive Gear Box (DDGB) and the Input Gear Box (IPGB), on all 10 Flap Tracks (5 per wing), have been reported by AIRBUS Long Range
Operators.
Investigations have revealed that corrosion and wear due to absence of grease in the spline interfaces could cause [DDS] disconnection which could result in a free movable flap surface, potentially leading to aircraft asymmetry or even flap detachment.
* * * * *
The unsafe condition could reduce the ability of the flightcrew to maintain the safe flight and landing of the airplane.
Airworthiness directives, Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model
ERJ 170 and ERJ 190 airplanes: Final rule, published July 22, 2010, effective Aug.
26, 2010
[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
Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 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 for EMBRAER Model ERJ 170 airplanes describes the unsafe condition as:
It has been found the occurrence of an engine in-flight shutdown caused by the LPCV [low pressure check valves] failing to close due to excessive

wear, which leads to the concern that such fault may be present in both engines of a given aircraft.
* * * * *
The MCAI for EMBRAER Model ERJ 190 airplanes describes the unsafe condition as:
An occurrence of an uncommanded engine in-flight shutdown (IFSD) was reported * * *, which was caused by an ERJ 170 defective LPCV * * *.
The valve failed to close due to excessive wear. Despite there were no IFSD related to LPCV * * * failure, some ERJ 190 valves * * * were inspected and presented cracks due to low cycle fatigue. Since this failure mode also might lead to an engine in-flight shutdown and since both engines of the airplane have the same valves, there is a possibility of an occurrence of a dual engine
IFSD due to LPCV failure.
* * * * *
Airworthiness directives, The Boeing Company Model 767–200, –300, and –300F series airplanes Powered by General Electric or Pratt & Whitney engines: Final rule, request for comments, published July 22, 2010, effective Aug. 6, 2010, comments by
Sept. 7, 2010
[TEXT]
PURPOSE: This airworthiness directive (AD) results from reports of cracks in the midspar fitting tangs in certain Boeing Company Model 767-200, -300, and -300F series airplanes. This AD requires actions intended to detect and correct fatigue cracking in the primary strut structure and reduced structural integrity of the strut, which could result in separation of the strut and engine.
SUMMARY: The Federal Aviation Administration supersedes an existing AD that applies to certain Boeing Company Model 767-200, -300, and -300F series airplanes.
The existing AD currently requires repetitive inspections to detect discrepancies of the 8 aft-most fastener holes in the horizontal tangs of the midspar fitting of the strut, and corrective actions if necessary. The existing AD also requires repetitive inspections for cracks of the closeout angle that covers the 2 aft-most fasteners in the lower tang of the midspar fitting, and related investigative and corrective actions if necessary. The existing AD also provides an optional terminating action for the repetitive inspections. This new AD reduces the compliance times for doing the inspections.
Modification of Restricted Area R–3404, Crane, Indiana: Final rule, published July 22,
2010, effective 0901 UTC, Sept. 23, 2010
[TEXT]
The Federal Aviation Administration modifies Restricted Area R-3404 at Crane, Ind., due to U.S. Navy ordnance demolition activities. The agency is protecting nonparticipating aircraft from blast fragments.
PROPOSED REGULATIONS
FEDERAL AVIATION ADMINISTRATION (FAA)

Proposed establishment of Class E Airspace, Lancaster, New Hampshire: Notice of proposed rulemaking, published July 22, 2010, comments by Sept. 7, 2010
[TEXT]
The Federal Aviation Administration proposes to establish Class E Airspace at
Lancaster, N.H., to accommodate a new Area Navigation Global Positioning System
Special Standard Instrument Approach Procedure serving the Weeks Medical Center.
This action would enhance the safety and airspace management of Instrument Flight
Rules operations within the National Airspace System.
Proposed establishments of Class E Airspace, Wolfeboro, New Hampshire: Notice of proposed rulemaking, published July 22, 2010, comments by Sept. 7, 2010
[TEXT]
The Federal Aviation Administration proposes to establish Class E Airspace at
Wolfeboro, N.H., to accommodate a new Area Navigation Global Positioning System
Special Standard Instrument Approach Procedure serving Huggins Hospital.
FEDERAL HIGHWAY ADMINISTRATION (FHWA)
National Tunnel Inspection Standards: Notice of proposed rulemaking, request for comments, published July 22, 2010, comments by Sept. 20, 2010
[TEXT]
The Federal Highway Administration solicits comments on the establishment of
National Tunnel Inspection Standards. The standards would set minimum tunnel inspection standards that apply to all tunnels constructed or renovated with Title 23 federal funds on public roads and tunnels on federal-aid highways. The agency proposes modeling the standards after the existing National Bridge Inspection
Standards as applicable. The standards would include requirements for inspection procedures for structural elements and functional systems, including mechanical, electrical, hydraulic and ventilation systems; qualifications for inspectors; inspection frequencies; and a National Tunnel Inventory.
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