----- Forwarded by Melanie King/RTP/USEPA/US on 04/06/2010 02:18 PM
-----

Rick Counihan<EMAIL_ADDRESS>wrote on 04/05/2010 06:29:57 AM:

> From:
>
> Rick Counihan<EMAIL_ADDRESS>>
> To:
>
> Melanie King/RTP/USEPA/US@EPA, Jeneva Craig/DC/USEPA/US@EPA, Michael
> Horowitz/DC/USEPA/US@EPA, Peter Tsirigotis/RTP/USEPA/US@EPA, RobertJ
> Wayland/RTP/USEPA/US@EPA, Rob Brenner/DC/USEPA/US@EPA
>
> Cc:
>
> "David M. Friedland"<EMAIL_ADDRESS><EMAIL_ADDRESS>><EMAIL_ADDRESS>Ken Schisler<EMAIL_ADDRESS>Don
> DiCristofaro<EMAIL_ADDRESS>Rick Counihan
><EMAIL_ADDRESS>>
> Date:
>
> 04/05/2010 06:30 AM
>
> Subject:
>
> RE: Follow-up from Meeting with EPA r.e. RICE NESHAPS and 15 Hour
> Emergency DR Limit
>
> All,
>
>
>
> Thank you for taking the time to meet with us on Tuesday.  We very
> much appreciate your willingness to brainstorm with us on the
> important issue that we have raised.
>
>
>
> To restate the problem: 15 hours does not meet the minimum number of
> hours required to qualify for the emergency demand response programs
> in PJM, ERCOT or ISO New England.  As a result, the NESHAPs
> regulation, as currently written, will preclude all emergency
> generators from participating in these markets - removing a
> significant amount of reliable capacity from the system.
>
>
>
> The number of hours allowed for emergency DR participation is not a
> simple question of risk allocation for us, as Peter suggested at the
> end of our meeting.  As I hope we have demonstrated, regardless of how
> many hours are actually dispatched in a given year, it would be a
> tariff violation to represent that an asset is available for 60 hours
> per year (the PJM example) when regulations only allow it to be
> available for 15 hours.
>
>
>
> You asked us to think about alternatives to simply increasing the
> current 15 hour limit on emergency DR to 60 hours.  Following are two
> proposals for your consideration:
>
>
>
> Proposal A
>
>
>
> As finalized, NESHAPs has three different hourly limits for emergency
> generators (40 CFR 63.6640 (f) (4)). First, there is an overall limit
> of 100 hours per year for testing and maintenance.
> Second, within that 100 hour limit, there is an allowance for up to 50
> hours of "non-emergency operation" (not to include peak shaving).
> Third, of the 50 hours for non-emergency operation, only 15 can be
> used for emergency DR.
>
>
>
> One idea is to eliminate the 50 hour allowance for "non-emergency
> operation" and increase the limit for emergency DR participation to 60
> hours.  Such a change would preserve the overall 100 hour limit and
> the prohibition on peak shaving, while likely reducing overall run
> time because (a) "non-emergency operation" would be disallowed and (b)
> generator owners have the incentive to skip testing in months when
> emergency DR events are called because operation during DR events
> satisfies monthly testing requirements.  Importantly, this change
> would preserve the last line of electric system defense currently
> provided by emergency generators.
>
>
>
> Proposal B
>
>
>
> Another idea is to limit emergency DR participation to "the lesser of
> 60 hours or the minimum number of hours required by a regional
> transmission organization or equivalent balancing authority's tariff
> to participate in emergency demand response" (or similar language).
> The effect of this modified provision would be a 60 hour maximum in
> PJM and ISO New England, and a 24 hour maximum in ERCOT.
>
>
>
> Obviously, the two proposals described above could be combined as
> well.  That is, eliminate the 50 hour allowance for "non-emergency
> operation" and increase the limit for emergency DR participation to
> the lesser of 60 hours or the minimum number of hours required by a
> regional transmission organization or equivalent balancing authority's
> tariff to participate in emergency demand response.
>
>
>
> I hope these ideas are helpful.  We look forward to hearing back from
> you after you have had a chance to further discuss this issue.
>
>
>
> Sincerely,
>
>
>
> Rick Counihan - Vice President Regulatory Affairs
>
> EnerNOC, Inc. | 400 8th St., NW, Suite 804 | Washington  D.C. 20004
>
> o.<PHONE_NUMBER>
>
><EMAIL_ADDRESS>www.enernoc.com
>
> EnerNOC - get more from energy


[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Proposed Rules]
[Pages 58962-58965]
[FR Doc No: 2013-23271]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0790; Directorate Identifier 2013-NM-061-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to supersede airworthiness directive (AD) 89-12-10,
which applies to certain The Boeing Company Model 747 series airplanes.

AD 89-12-10 currently requires replacement of certain underwing fuel
tank access doors with stronger, fire-resistant doors. Since we issued
AD 89-12-10, we have received reports indicating that a standard access
door was located where an impact-resistant access door was required,
and stencils were missing from some impact-resistant access doors.
Stencils are required to indicate that the door is impact-resistant and
to indicate the correct location for installation of the impact-
resistant door. This proposed AD would require an inspection of the
left- and right-hand wing fuel tank access doors to determine whether
impact-resistant access doors are installed in the correct locations,
and replacement of any door with an impact-resistant access door if
necessary. This proposed AD would also require an inspection for the
presence of stencils and index markers on impact-resistant access
doors, and application of new stencils or index markers if necessary.
This proposed AD would also require revising the maintenance program to
incorporate changes to the airworthiness limitations section. This
proposed AD would also add airplanes to the applicability. We are
proposing this AD to prevent foreign object penetration of the fuel
tank, which could cause a fuel leak near an ignition source (e.g., hot
brakes or engine exhaust nozzle), consequently leading to a fuel-fed
fire.

DATES: We must receive comments on this proposed AD by November 12,
2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Suzanne Lucier, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6438; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0790;
Directorate Identifier 2013-NM-061-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On May 22, 1989, we issued AD 89-12-10, Amendment 39-6230 (54 FR
23643, June 2, 1989) (``AD 89-12-10''), for certain The Boeing Company
Model 747-100, 747-200, 747-300, and 747-SP series airplanes. AD 89-12-
10 requires replacement of certain underwing fuel tank access doors
with stronger, fire-resistant doors. AD 89-12-10 resulted from several
incidents of door penetration by tire and engine debris, which resulted
in spillage of significant quantities of fuel. We issued AD 89-12-10 to
prevent a fire in the wing fuel tank.

Actions Since AD 89-12-10 Was Issued

    Since we issued AD 89-12-10, additional access doors, that may be
installed on additional airplanes that were not identified in AD 89-12-
10, have been identified that may be subject to the unsafe condition.
Certain doors are addressed in other service bulletins. Additionally,
due to repainting of the lower wing skin, stencils that identify the
access door may no longer be in place to provide a visual confirmation
that the correct door is installed.

Relevant Service Information

    We reviewed the following service information. For information on
the procedures and compliance times, see this service information at
http://www.regulations.gov by searching for Docket No. FAA-2013-0790.
     Boeing Service Bulletin 747-28-2315, dated January 11,
2012.
     CDCCL Task 57-AWL-01, ``Impact-Resistant Fuel Tank Access
Doors,'' of Sub-section B, Airworthiness Limitations (AWLs)--Fuel
Systems, of Section 9, Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs) of Boeing 747-400
Maintenance Planning Data (MPD) Document D621U400, Revision August
2012.
     CDCCL Task 57-AWL-01, ``Impact-Resistant Fuel Tank Access
Doors,'' of Sub-section C, Airworthiness Limitations--Fuel Systems, of
the Boeing 747-100/200/300/SP Airworthiness Limitations (AWLs) and
Certification Maintenance Requirements (CMRs) Document D6-13747-CMR,
Revision August 2012.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition identified previously
is likely to exist or develop in other products of these same type
designs.

Proposed AD Requirements

    This proposed AD would retain none of the requirements of AD 89-12-
10. Since that AD was issued, the FAA issued section 121.316 of the
Federal Aviation Regulations (14 CFR 121.316) requiring that each
turbine-powered transport category airplane meet the requirements of
section 25.963(e) of the Federal Aviation Regulations (14 CFR
25.963(e)). Section 25.963(e) outlines the certification requirements
for fuel tank access covers on turbine powered transport category
airplanes.

    This proposed AD would require accomplishing the actions specified
in the service information described previously. This proposed AD would
add Models 747-400, 747-400D, 747-400F, and 747SR series airplanes to
the applicability, and clarify the applicability of AD 89-12-10,
Amendment 39-6230 (54 FR 23643, June 2, 1989) to identify models listed
in the current type certification data sheets (TCDS).
    This proposed AD would also require inspecting fuel tank access
doors to determine that impact-resistant access doors are installed in
the correct locations and replacing any door with an impact-resistant
access door if necessary; inspecting application of stencils and index
markers of impact-resistant access doors and application of new
stencils or index markers if necessary; and revising the maintenance
program.
    This proposed AD requires revisions to certain operator maintenance
documents to include a new CDCCL. Compliance with CDCCLs is required by
section 91.403(c) of the Federal Aviation Regulations (14 CFR
91.403(c)). For airplanes that have been previously modified, altered,
or repaired in the areas addressed by this proposed AD, the operator
might not be able to accomplish the actions described in the revisions.
In this situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according to
the procedures specified in paragraph (j) of this proposed AD. The
request should include a description of changes to the required actions
that will ensure the continued damage tolerance of the affected
structure.
    After accomplishment of the revision required by paragraph (h) of
this AD, no alternative actions (e.g., inspections), intervals, and/or
CDCCLs may be used unless the actions, intervals, and/or CDCCLs are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (j) of this AD.

Costs of Compliance

    We estimate that this proposed AD affects 189 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                    Labor cost         Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection......................  Up to 13 work-hours               $0  Up to $1,105.......  Up to $208,845.
                                   x $85 per hour =
                                   $1,105.
Maintenance program revision....  1 work-hour x $85                  0  85.................  16,065.
                                   per hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the proposed inspection.
We have no way of determining the number of aircraft that might need
these replacements:

                                               On-condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement per door..........................  3 work-hours x $85 per hour =             $8,000          $8,255
                                                 $255.
Stencil and index marker (14 doors)...........  17 work-hours x $85 per hour =                 0           1,445
                                                 $1,445.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
89-12-10, Amendment 39-6230 (54 FR 23643, June 2, 1989), and adding the
following new AD:

The Boeing Company: Docket No. FAA-2013-0790; Directorate Identifier
2013-NM-061-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by November 12,
2013.

(b) Affected ADs

    This AD supersedes AD 89-12-10, Amendment 39-6230 (54 FR 23643,
June 2, 1989).

(c) Applicability

    This AD applies to The Boeing Company Model 747-100, 747-100B,
747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-
400D, 747-400F, 747SR, and 747SP series airplanes; certificated in
any category; as identified in Boeing Service Bulletin 747-28-2315,
dated January 11, 2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by reports indicating that a standard
access door was located where an impact-resistant access door was
required, and stencils were missing from some impact-resistant
access doors. We are issuing this AD to prevent foreign object
penetration of the fuel tank, which could cause a fuel leak near an
ignition source (e.g., hot brakes or engine exhaust nozzle),
consequently leading to a fuel-fed fire.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection and Corrective Action

    Within 72 months after the effective date of this AD, do the
actions specified in paragraphs (g)(1) and (g)(2) of this AD, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 747-28-2315, dated January 11, 2012.
    (1) Do either a general visual inspection or ultrasonic non-
destructive test of the left- and right-hand wing fuel tank access
doors to determine whether impact-resistant access doors are
installed in the correct locations. If any standard access door is
found, before further flight, replace with an impact-resistant
access door, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 747-28-2315, dated January 11, 2012.
    (2) Do a general visual inspection of the left- and right-hand
wing fuel tank impact resistant access doors to verify stencils and
index markers are applied. If a stencil or index marker is missing,
before further flight, apply a stencil or index marker, as
applicable, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin 747-28-2315, dated January 11, 2012.

(h) Maintenance Program Revisions

    Within 60 days after the effective date of this AD do the
actions specified in paragraphs (h)(1) and (h)(2) of this AD.
    (1) Revise the maintenance program to incorporate CDCCL Task 57-
AWL-01, ``Impact-Resistant Fuel Tank Access Doors,'' of Sub-section
B, Airworthiness Limitations (AWLs)--Fuel Systems, of Section 9,
Airworthiness Limitations (AWLs) and Certification Maintenance
Requirements (CMRs) of Boeing 747-400 Maintenance Planning Data
(MPD) Document D621U400, Revision August 2012.
    (2) Revise the maintenance program to incorporate CDCCL Task 57-
AWL-01, ``Impact-Resistant Fuel Tank Access Doors,'' of Sub-section
C, Airworthiness Limitations--Fuel Systems, of the Boeing 747-100/
200/300/SP Airworthiness Limitations (AWLs) and Certification
Maintenance Requirements (CMRs) Document D6-13747-CMR, Revision
August 2012.

(i) No Alternative Actions, Intervals, and/or Critical Design
Configuration Control Limitations (CDCCLs)

    After accomplishing the revision required by paragraph (h) of
this AD, no alternative actions (e.g., inspections), intervals, and/
or CDCCLs may be used unless the actions, intervals, and/or CDCCLs
are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (j) of this
AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(k) Related Information

    (1) For more information about this AD, contact Suzanne Lucier,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on September 13, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-23271 Filed 9-24-13; 8:45 am]
BILLING CODE 4910-13-P