October 30, 2007 – Federal Register Recent Federal Regulation Documents

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The Department of Education published final regulations in the Federal Register on August 14, 2006, to implement changes made to the Individuals with Disabilities Education Act by the Individuals with Disabilities Education Improvement Act of 2004. That document inadvertently included minor technical errors. This document corrects the final regulations.

We are adopting as a final rule, without change, an interim rule that amended the export certification regulations to clarify that an International Standards for Phytosanitary Measures No. 15 (ISPM 15) quality/treatment mark is an industry-issued certificate and thus may be issued only when the organization applying the mark has entered into an agreement with the Animal and Plant Health Inspection Service. The interim rule also removed all references to a certificate of heat treatment from the regulations because such certificates have been replaced by the ISPM 15 quality/treatment mark. The interim rule was necessary to ensure the appropriate issuance of the ISPM 15 quality/ treatment mark.

EPA is proposing to find that the Beaumont/Port Arthur (BPA) marginal 8-hour ozone nonattainment area has failed to attain the 8- hour ozone national ambient air quality standard (NAAQS or standard) by June 15, 2007, the attainment deadline set forth in the Clean Air Act (CAA) and Code of Federal Regulations (CFR) for marginal nonattainment areas. If EPA finalizes this finding, the BPA area will then be reclassified, by operation of law, as a moderate 8-hour ozone nonattainment area. The moderate area attainment date for the BPA area would then be as expeditiously as practicable, but no later than June 15, 2010. Once reclassified, Texas must submit State Implementation Plan (SIP) revisions that meet the 8-hour ozone nonattainment requirements for moderate areas as required by the CAA. In this action, EPA is also proposing the schedule for the State's submittal of the SIP revisions required for moderate areas once the area is reclassified.

The FAA is adopting a new airworthiness directive (AD) for certain Bombardier Model DHC-8-400 series airplanes. This AD requires an inspection to detect discrepancies of the main landing gear (MLG) system, an inspection of the jam nut of the retract actuator of the MLGs to ensure the wire lock is in place and the nut is secured, an inspection of the retract actuator for any signs of corrosion or wear, and applicable related investigative and corrective actions if necessary. This AD also requires submitting an inspection report to Bombardier. This AD results from two reports of collapse of MLGs within a few days of each other. We are issuing this AD to detect and correct potential failure of major components of the MLG assembly and attachments, which could result in the possible collapse of a MLG and consequent damage to the airplane and injury to people or damage to property on the ground.

NMFS proposes regulations to implement Framework Adjustment 20 (Framework 20) to the Atlantic Sea Scallop Fishery Management Plan (FMP), which was developed by the New England Fishery Management Council (Council). Framework 20 would maintain in effect the interim measures that were enacted by NMFS on June 21, 2007, to reduce the potential for overfishing the Atlantic sea scallop (scallop) resource and excessive scallop mortality resulting from deck loading. The action reduces the number of scallop trips to the Elephant Trunk Access Area (ETAA), and prohibits the retention of more than 50 U.S. bushels (17.62 hL) of in-shell scallop outside of the boundaries of the ETAA. The proposed rule also clarifies that the current restriction on landing no more than one scallop trip per calendar day for vessels fishing under general category rules does not prohibit a vessel from leaving on a scallop trip on the same calendar day that the vessel landed scallops. Framework 20 would extend these interim measures, which are scheduled to expire on December 23, 2007, through the end of the scallop fishing year on February 29, 2008. Framework 20 would make the clarification of the restriction on landing more than one trip per calendar day permanent under the Scallop FMP.

This action amends Class E Airspace at Williamsport, PA, to provide adequate airspace for a new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedure (IAP) that has been developed to serve the Williamsport Hospital (66PA), Williamsport, PA.

This action establishes Class E Airspace at Tappahannock- Essex County Airport, Tappahannock, VA (KXSA) to accommodate newly developed Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) that serve Tappahannock-Essex County Airport, Tappahannock, VA.

This action establishes Class E Airspace at Muncy, PA, to provide adequate airspace for a new Area Navigation (RNAV) Global Positioning System (GPS) Special Instrument Approach Procedure (IAP) that has been developed to serve the Muncy Valley Hospital (7PS5), Muncy, PA.