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Federal Register Highlights – 1/14/16

January 14, 2016

Unpublished, time-sensitive and proposed rules for January 14, 2016:

PROPOSED RULE: The Environmental Protection Agency (EPA) is proposing to take action pursuant to section 110 of the Clean Air Act (CAA or Act) on State Implementation Plan (SIP) revisions submitted by the State of Utah on June 4, 2015, and October 20, 2015 to implement the regional haze program. The State’s SIP revisions establish an alternative to best available retrofit technology (BART) controls that would otherwise be required to control nitrogen oxides (NOX) at PacifiCorp’s Hunter and Huntington power plants. The June 2015 SIP revision also includes BART determinations for particulate matter with an aerodynamic diameter of less than 10 micrometers (PM10) at these power plants and provisions for making the NOX and PM10 BART emission limits federally enforceable. The CAA requires states to prevent any future and remedy any existing man-made impairment of visibility in national parks and wilderness areas designated as Class I areas. Air emissions from the four electric generating units (EGUs) at the two plants affected by this action cause or contribute to visibility impairment at nine Class I areas including Grand Canyon, Arches, Bryce Canyon and Zion National Parks. The EPA is issuing two co-proposals in order to fully evaluate the State’s submittals and the public’s input thereon. The EPA would work with the State on a revised State plan should a partial disapproval and FIP be finalized. Written comments must be received on or before March 14, 2016. (To submit comments, visit, reference Docket Number EPA-R08-OAR-2015-0463.)

RULE: We are superseding Airworthiness Directive (AD) 2004–14– 09 for certain Airbus Model A320–211, –212, and –231 airplanes. AD 2004–14– 09 required repetitive inspections for fatigue cracking of the lower surface panel on the wing center box, and repair if necessary; and modification of the lower surface panel on the wing center box, which constitutes terminating action for the repetitive inspections. This new AD retains the requirements of AD 2004–14–09, reduces the compliance times for the repetitive inspections, and requires an additional repair for certain airplanes. This AD was prompted by a determination that, based on the average flight duration, the average weight of fuel at landing is higher than that defined for the analysis of the fatigue-related tasks; and that shot peening might have been improperly done on the chromic acid anodizing (CAA) protection, which would adversely affect fatigue crack protection. We are issuing this AD to detect and correct fatigue cracking of the lower surface panel on the wing center box, which could result in reduced structural integrity of the airplane. This AD becomes effective February 18, 2016.

RULE: We are adopting a new airworthiness directive (AD) for all Fokker Services B.V. Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes. This AD was prompted by a design review, which revealed that no controlled bonding provisions are present on a number of critical locations outside the fuel tank. This AD requires installing additional and improved fuel system bonding provisions, and revising the airplane maintenance or inspection program, as applicable, by incorporating fuel airworthiness limitation items and critical design configuration control limitations. We are issuing this AD to prevent an ignition source in the fuel tank vapor space, which could result in a fuel tank explosion and consequent loss of the airplane. This AD becomes effective February 18, 2016.

PROPOSED RULE: The Commission is proposing rules which amend the existing Commission rules concerning ex parte communications. The proposed rules are brought up to date to be consistent with the recommended approach to agency treatment of ex parte communications and reorganized for clarity. The Commission invites public comment on the proposed rules. Comments are due: February 16, 2016. Reply comments are due: February 29, 2016. (For additional information on submitting comments, please contact David A. Trissell, General Counsel at 202-789-6820.)


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