[Federal Register Volume 85, Number 53 (Wednesday, March 18, 2020)]
[Notices]
[Page 15480]
[FR Doc No: 2020-05581]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-3731]

Michael P. Casey: Final Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is issuing an order
under the Federal Food, Drug, and Cosmetic Act (FD&C Act) debarring
Michael P. Casey for a period of 5 years from importing articles of
food or offering such articles for importation into the United States.
FDA bases this order on a finding that Mr. Casey was convicted, as
defined in the FD&C Act, of a felony count under Federal law for
conduct relating to the importation into the United States of an
article of food. Mr. Casey was given notice of the proposed permanent
debarment and an opportunity to request a hearing within the timeframe
prescribed by regulation. As of November 4, 2019 (30 days after receipt
of the notice), Mr. Casey has not responded. Mr. Casey's failure to
respond and request a hearing constitutes a waiver of his right to a
hearing concerning this matter.

DATES: This order is applicable March 18, 2020.

ADDRESSES: Submit applications for termination of debarment to the
Dockets Management Staff, Food and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Jaime Espinosa, Division of
Enforcement, Office of Strategic Planning and Operational Policy,
Office of Regulatory Affairs, Food and Drug Administration, 12420
Parklawn Dr., Rockville, MD 20857,<PHONE_NUMBER>, or at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(b)(1)(C) of the FD&C Act (21 U.S.C. 335a(b)(1)(C))
permits FDA to debar an individual from importing an article of food or
offering such an article for import into the United States if FDA
finds, as required by section 306(b)(3)(A) of the FD&C Act, that the
individual has been convicted of a felony for conduct relating to the
importation into the United States of any food.
    On July 18, 2019, Mr. Casey was convicted as defined in section
306(l)(1)(B) of the FD&C Act, in the United States District Court for
the Eastern District of Virginia, when the court accepted his plea of
guilty and entered judgment against him for the offense of conspiracy
to violate the Lacey Act in violation of 18 U.S.C. 371 and 16 U.S.C.
3372(d) and 3373(d)(3)(A)(i).
    FDA's finding that the debarment is appropriate is based on the
felony conviction referenced herein. The factual basis for this
conviction is as follows: As contained in the Stipulation of Facts
incorporated into Mr. Casey's Plea Agreement, filed on July 18, 2019,
from on or about 2010 to June 2015, while serving as the Vice President
for Marketing and Operations of Casey's Seafood, Inc. (``the
Company''), Mr. Casey and the Company regularly purchased foreign crab
meat from a variety of sources and from a number of different
countries. Mr. Casey also purchased foreign crab meat that had been
recalled, returned, or that was approaching or beyond its posted ``best
used by'' dates. Mr. Casey knew that company employees were directed to
unpack the foreign crab meat from containers and re-pack the crab meat
into company containers, all of which were labeled ``Product of USA.''
During that time period, employees routinely emptied foreign crab meat
onto tables, comingling crab meat from different sources, and then re-
packaged the crab meat into company containers, all of which were
labeled ``Product of USA.'' From on or about July 1, 2012, and
continuing until June 17, 2015, Mr. Casey aided and abetted James R.
Casey, the President of the Company, in processing approximately 90,868
pounds of crab. From on or about July 1, 2012, and continuing until
June 17, 2015, Mr. Casey aided and abetted the President of the Company
in selling 367, 765 pounds of crab meat falsely labeled ``Product of
USA'' with a total wholesale value of approximately $4, 324, 916.
    As a result of this conviction, FDA sent Mr. Casey by certified
mail on September 30, 2019, a notice proposing to debar him for a
period of 5 years from importing articles of food or offering such
articles for import into the United States. The proposal was based on a
finding under section 306(b)(1)(C) of the FD&C Act that Mr. Casey's
felony conviction of conspiracy to violate the Lacey Act in violation
of 18 U.S.C. 371 and 16 U.S.C. 3372(d) and 3373(d)(3)(A)(i) constitutes
conduct relating to the importation into the United States of an
article of food because the offense he committed involved falsely
labeling crab meat that was imported from a number of foreign countries
as ``Product of USA.''
    The proposal was also based on a determination, after consideration
of the relevant factors set forth in section 306(c)(3) of the FD&C Act,
that Mr. Casey should be subject to a 5-year period of debarment. The
proposal also offered Mr. Casey an opportunity to request a hearing,
providing him 30 days from the date of receipt of the letter in which
to file the request, and advised him that failure to request a hearing
constituted a waiver of the opportunity for a hearing and of any
contentions concerning this action. Mr. Casey failed to respond within
the timeframe prescribed by regulation and has, therefore, waived his
opportunity for a hearing and waived any contentions concerning his
debarment (21 CFR part 12).

II. Findings and Order

    Therefore, the Assistant Commissioner, Office of Human and Animal
Food Operations, under section 306(b)(1)(C) of the FD&C Act, under
authority delegated to the Assistant Commissioner, finds that Mr. Casey
has been convicted of a felony count under Federal law for conduct
relating to the importation into the United States of an article of
food and that he is subject to a 5-year period of debarment.
    As a result of the foregoing finding, Mr. Casey is debarred for a
period of 5 years from importing articles of food or offering such
articles for import into the United States, effective (see DATES).
Pursuant to section 301(cc) of the FD&C Act (21 U.S.C. 331(cc)), the
importing or offering for import into the United States of an article
of food by, with the assistance of, or at the direction of Mr. Casey is
a prohibited act.
    Any application by Mr. Casey for termination of debarment under
section 306(d)(1) of the FD&C Act should be identified with Docket No.
FDA-2019-N-3731 and sent to the Dockets Management Staff (see
ADDRESSSES). All such submissions are to be filed in four copies. The
public availability of information in these submissions is governed by
21 CFR 10.20.
    Publicly available submissions will be placed in the docket, and
will be viewable at http://www.regulations.gov or at the Dockets
Management Staff (see ADDRESSES) between 9 a.m. and 4 p.m., Monday
through Friday.

    Dated: March 12, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-05581 Filed 3-17-20; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 237 (Wednesday, December 10, 2014)]
[Notices]
[Pages 73301-73302]
[FR Doc No: 2014-28703]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2014-0848; FRL-9919-89]

Potassium Chloride; Receipt of Application for Emergency
Exemption; Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received a quarantine exemption request from the
Minnesota Department of Agriculture to use the chemical potassium
chloride to treat Christmas Lake and Lake Independence in Hennepin
County, Minnesota to control zebra mussels and quagga mussels. The
applicant proposes the use of a new chemical which has not been
registered by EPA. EPA is soliciting public comments about this notice
and treatment program.

DATES: Comments must be received on or before December 26, 2014.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2014-0848, by one of the following methods:

     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the
pesticide(s) discussed in this document, compared to the general
population.

II. What action is the Agency taking?

    Under section 18 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the EPA
Administrator, a Federal or State agency may be exempted from any
provision of FIFRA if the EPA Administrator determines that emergency
conditions exist which require the exemption. The Minnesota Department
of Agriculture has requested the EPA Administrator to issue a
quarantine exemption for the use of potassium chloride (Chemical
Abstracts Service Registry Number (CAS No.) 7447-40-7) to treat
Christmas Lake and Lake Independence to control zebra mussels
(Dreissena polymorpha) and quagga mussels (Dreissena bugensis).
Information in accordance with 40 CFR part 166 was submitted as part of
this request.
    As part of this request, the applicant asserts that zebra and
quagga mussels need to be eradicated in these bodies of water to
prevent the establishment and spread of this aquatic invasive species.
Zebra and quagga mussels have a variety of detrimental environmental
and recreational impacts. Without treatment it is likely that zebra and
quagga mussels will establish a reproducing, self-sustaining population
in both lakes, which would, in turn, serve as another source population
and possibly contribute to the infestation of other area lakes. This
chemical provides the best efficacy for the desired result with the
best economic and environmental feasibility and least impact to human
health and the environment.
    The applicant proposes to apply an initial dose of approximately
1,700 lbs of granular potassium chloride, formulated as muriate of
potash, mixed with water to form a slurry, to each treatment area. The
chemical will be applied to the surface water or injected below the
surface of the ice using a spray wand. Additional applications may be
required to achieve and maintain the desired 100 parts per million
(ppm) potassium concentration. The treatment areas are within Christmas
Lake and Lake Independence in Hennepin County, MN.
    This notice does not constitute a decision by EPA on the
application itself. The regulations governing FIFRA section 18 require
publication of a notice of receipt of an application for a quarantine
exemption proposing use of a new chemical (i.e., an active ingredient)
which has not been registered by EPA. The Agency will review and
consider all comments received regarding the Minnesota Department of
Agriculture's treatment program.

    Authority: 7 U.S.C. 136 et seq.

    Dated: November 25, 2014.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2014-28703 Filed 12-9-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Rules and Regulations]
[Pages 72573-72576]
[FR Doc No: 2015-28891]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1266; Directorate Identifier 2014-NM-151-AD;
Amendment 39-18327; AD 2015-23-11]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B,
747-300, 747SR, and 747SP series airplanes. This AD was prompted by an
evaluation by the design approval holder (DAH) indicating that certain
fuselage skin lap joints are subject to widespread fatigue damage
(WFD). This AD requires repetitive post-modification inspections for
cracking of the skin or internal doubler along the edge fastener rows
of the modification, and repair if necessary. We are issuing this AD to
detect and correct fatigue cracking in certain fuselage skin lap
joints, which could result in rapid depressurization of the airplane.

DATES: This AD is effective December 28, 2015.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 28,
2015.

ADDRESSES: 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<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may view this 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>. It
is also available on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2015-1266.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1266; 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 AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Nathan Weigand, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax:
425-917-6590; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-300, 747SR, and
747SP series airplanes. The NPRM published in the Federal Register on
May 5, 2015 (80 FR 25630). The NPRM was prompted by an evaluation by
the DAH indicating that certain fuselage skin lap joints are subject to
WFD. The NPRM proposed to require repetitive post-modification
inspections for cracking of the skin or internal doubler along the edge
fastener rows of the modification, and repair if necessary. We are
issuing this AD to detect and correct fatigue cracking in certain
fuselage skin lap joints, which could result in rapid depressurization
of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (80
FR 25630, May 5, 2015) and the FAA's response to each comment.

Request To Remove Warranty Statement

    Boeing requested that we remove the statement that ``some of the
costs of this proposed AD may be covered under warranty'' in the Costs
of Compliance section of the NPRM (80 FR 25630, May 5, 2015). Boeing
stated that the actions in the NPRM are not covered by warranty.
    We agree with the commenter's request. We have revised the Costs of
Compliance section of this final rule accordingly.

Request To Revise Paragraph Headings

    Boeing requested that we revise the headings of paragraphs (g),
(h), (j), and (k) of the proposed AD (80 FR 25630, May 5, 2015) by
removing reference to the inspections as ``repetitive'' or ``initial.''
Boeing stated that these revisions will provide consistency among
paragraph headings because paragraphs (g), (j), and (k) of the proposed
AD do not have an initial inspection program, yet paragraph (h) of the
proposed AD has only an initial inspection.
    We acknowledge the commenter's concern and agree to clarify the
headings. We do not presume that the term ``repetitive'' necessarily
excludes the initial action. An action cannot be repeated without
accomplishment of the initial action. In addition, in many ADs we use
the term ``repetitive'' actions for paragraphs that include the initial
action and repetitive actions. Paragraphs (g), (j), and (k) of this AD
include both a sentence specifying the initial inspection and a
sentence specifying the repetitive inspections. We have not changed
this AD in this regard.

Request To Clarify Compliance Time

    Boeing requested that we clarify the compliance time in paragraphs
(g), (h), (j), and (k) of the proposed AD (80 FR

25630, May 5, 2015) by revising ``at the applicable time'' to ``at the
applicable time and repeat intervals.'' Boeing stated that these
revisions would clarify that the applicable time also includes the
repeat intervals per Boeing Alert Service Bulletin 747-53A2367,
Revision 5, dated July 8, 2014.
    We do not agree to combine the initial inspection and the
repetitive inspection times into one statement because ADs typically
call out initial inspections and repetitive inspections in separate
sentences. Paragraph (h) of this AD specifies only an initial
inspection. Paragraphs (g), (j), and (k) of this AD specifies an
initial inspection and states that the repetitive inspections are for
the unrepaired areas, which are to be done at the applicable times
specified in Boeing Alert Service Bulletin 747-53A2367, Revision 5,
dated July 8, 2014. We have not changed this AD in this regard.

Request To Delete the Unrepaired Area Statement From Paragraphs (g) (j)
and (k) of the Proposed AD (80 FR 25630, May 5, 2015)

    Boeing requested that we delete the last sentence in paragraphs
(g), (j), and (k) of the proposed AD (80 FR 25630, May 5, 2015), which
states ``In unrepaired areas, repeat the . . . inspections for cracks .
. . .'' Boeing stated that the sentence is confusing as the unrepaired
area case is actually for no cracks found in the modification area
after doing the inspection as specified in the applicable tables 3, 5,
and 6 of Boeing Alert Service Bulletin 747-53A2367, Revision 5, dated
July 8, 2014. Boeing explained that the proposed AD wording may cause
confusion when information is provided in a different format than the
service bulletin tables.
    We do not agree with the commenter's request because the text ``in
unrepaired areas'' matches the text in Boeing Alert Service Bulletin
747-53A2367, Revision 5, dated July 8, 2014. Paragraphs (g), (j), and
(k) of this AD specify doing actions at the applicable time specified
in tables 3, 5, and 6 of paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 747-53A2367, Revision 5, dated July 8, 2014. In
these tables, the compliance time is specified for the actions required
for the unrepaired area. We have not revised this AD in this regard.

Request To Combine Paragraphs

    Boeing requested that we combine paragraphs (h) and (i) of the
proposed AD (80 FR 25630, May 5, 2015) by deleting paragraph (i) of the
proposed AD and revising paragraph (h) of the proposed AD from ``at the
applicable time'' to ``at the applicable time and repeat intervals.''
Boeing explained that it is confusing to have separate paragraphs
address initial and repetitive inspections for a particular aircraft as
both initial and repetitive inspections are addressed within table 4 of
Boeing Alert Service Bulletin 747-53A2367, Revision 5, dated July 8,
2014.
    We acknowledge that table 4 of Boeing Alert Service Bulletin 747-
53A2367, Revision 5, dated July 8, 2014, contains compliance times for
both initial and repetitive inspections. However, we do not agree with
the commenter's request because the AD includes separate paragraphs in
order to clarify the repetitive inspection intervals. For the initial
inspections, table 4 of paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 747-53A2367, Revision 5, dated July 8, 2014, specifies
two crack conditions, which are based on the number of fight cycles on
the airplane since stringer 6 external doublers were installed. To aid
the operators in determining which repetitive inspection(s) they are
required to do, this AD provides the repetitive inspections (as
restated from the NPRM (80 FR 25630, May 5, 2015)), depending on the
applicable condition, in separate repetitive inspection paragraphs
(paragraphs (i)(1) and (i)(2) of this AD). We have not changed this AD
in this regard.

Request To Revise External Inspection Wording

    Boeing requested that we remove the word ``external'' from
paragraph (h) of the proposed AD (80 FR 25630, May 5, 2015), which
specified ``external detailed, low frequency eddy current, and high
frequency eddy current inspections.'' Boeing explained that if
paragraphs (h) and (i) of the proposed AD are combined, both external
and internal detailed inspections are required. Boeing stated that
removing ``external'' from the inspection direction would therefore
cover all airplane conditions.
    As stated previously, we do not agree to combine paragraphs (h) and
(i) of this AD into one paragraph. Therefore, the terminology in
paragraph (h) of this AD matches Boeing Alert Service Bulletin 747-
53A2367, Revision 5, dated July 8, 2014, which specifies doing external
detailed, low frequency eddy current (LFEC), and high frequency eddy
current (HFEC) inspections for cracks. We have not changed this AD in
this regard.

Request To Revise Headings of Paragraphs (h), (i), and (j) of the
Proposed AD (80 FR 25630, May 5, 2015)

    Boeing requested that we revise the headings of paragraphs (h),
(i), and (j) of the proposed AD (80 FR 25630, May 5, 2015) by adding a
reference to the applicable service information. Boeing stated that
these changes will add consistency among paragraphs (h), (i), and (j)
of the proposed AD in identifying an installed external doubler
modification.
    We agree with the commenter's request. We have revised the headings
of paragraphs (h), (i), and (j) of this AD accordingly.

Request To Correct Typographical Error

    Boeing noted that a phrase describing the major action in paragraph
(j) of the proposed AD (80 FR 25630, May 5, 2015) was duplicated and
asked that we correct this.
    We agree with the commenter's request. We have revised paragraph
(j) of this AD accordingly.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     [Agr]re consistent with the intent that was proposed in
the NPRM (80 FR 25630, May 5, 2015) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (80 FR 25630, May 5, 2015).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 747-53A2367, Revision 5,
dated July 8, 2014. This service information describes procedures for
inspections and repair for cracks in the skin and doublers along the
edge fastener rows of modifications in the fuselage. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section of this AD.

Costs of Compliance

    We estimate that this AD affects 50 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost           Parts cost     Cost per product       operators
----------------------------------------------------------------------------------------------------------------
Post-modification inspection...  124 work-hours x $85                 $0   $10,540 per         $527,000 per
                                  per hour = $10,540 per                    inspection cycle.   inspection
                                  inspection cycle.                                             cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this AD.

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

    This AD will not have federalism implications under Executive Order
13132. This AD will 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under 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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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 adding the following new airworthiness
directive (AD):

2015-23-11 The Boeing Company: Amendment 39-18327; Docket No. FAA-
2015-1266; Directorate Identifier 2014-NM-151-AD.

(a) Effective Date

    This AD is effective December 28, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-100, 747-100B,
747-100B SUD, 747-200B, 747-300, 747SR, and 747SP series airplanes,
certificated in any category, as identified in Boeing Alert Service
Bulletin 747-53A2367, Revision 5, dated July 8, 2014.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder indicating that certain fuselage skin lap joints are subject
to widespread fatigue damage. We are issuing this AD to detect and
correct fatigue cracking in certain fuselage skin lap joints, which
could result in rapid depressurization of the airplane.

(f) Compliance

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

(g) Repetitive Post-Modification Inspections for Airplane Groups 1
Through 3, 7, and 8

    For airplanes identified as Groups 1 through 3, 7, and 8 in
Boeing Alert Service Bulletin 747-53A2367, Revision 5, dated July 8,
2014: Except as provided by paragraph (m) of this AD, at the
applicable time specified in table 3 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2367,
Revision 5, dated July 8, 2014, do internal detailed and surface
high frequency eddy current (HFEC) inspections for cracks in the
skin and internal doubler along the edge fastener rows of the
modification, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 747-53A2367, Revision 5, dated July 8,
2014. In unrepaired areas, repeat the internal detailed and surface
HFEC inspections for cracks in the skin or internal doubler along
the edge fastener rows of the modification thereafter at the
applicable intervals specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 747-53A2367, Revision 5, dated July 8,
2014.

(h) Initial Post-Modification Inspections for Airplane Groups 4 Through
6, and 9 Through 11, With External Doublers Installed as Specified in
Boeing Service Bulletin 747-53-2272

    For airplanes identified as Groups 4 through 6, and 9 through
11, in Boeing Alert Service Bulletin 747-53A2367, Revision 5, dated
July 8, 2014, with external doublers installed as specified in
Boeing Service Bulletin 747-53-2272: Except as provided by paragraph
(m) of this AD, at the applicable time specified in table 4 of
paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-53A2367, Revision 5, dated July 8, 2014, do external detailed,
low frequency eddy current (LFEC), and HFEC inspections for cracks
in the skin and external doubler, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2367, Revision 5, dated July 8, 2014.

(i) Repetitive Post-Modification Inspections for Airplane Groups 4
Through 6, and 9 Through 11 With External Doublers Installed as
Specified in Boeing Service Bulletin 747-53-2272

    For airplanes with no crack findings during the inspections
required by paragraph (h) of this AD: Do the applicable actions
required by paragraphs (i)(1) and (i)(2) of this AD.
    (1) For airplanes with less than 15,000 flight cycles since
stringer 6 external doublers were installed, as specified in Boeing
Service Bulletin 747-53-2272: At the applicable intervals specified
in table 4 of

paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin
747-53A2367, Revision 5, dated July 8, 2014, in unrepaired areas,
repeat the external detailed and LFEC inspections for cracks in the
skin, and the external detailed and HFEC inspections for cracks in
the external doubler, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-53A2367, Revision
5, dated July 8, 2014.
    (2) For airplanes with 15,000 or more flight cycles since the
stringer 6 external doublers were installed, as specified in Boeing
Service Bulletin 747-53-2272: At the applicable intervals specified
in table 4 of paragraph 1.E., ``Compliance,'' of Boeing Alert
Service Bulletin 747-53A2367, Revision 5, dated July 8, 2014, in
unrepaired areas, do external detailed and LFEC inspections for
cracks in the skin; and do internal and external detailed and HFEC
inspections for cracks in the skin and external doubler; in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2367, Revision 5, dated July 8, 2014.

(j) Repetitive Post-Modification Inspections for Airplane Groups 4
Through 6, and 9 Through 11 With External Doublers Installed as
Specified in Boeing Alert Service Bulletin 747-53A2367

    For airplanes identified as Groups 4 through 6, and 9 through
11, in Boeing Alert Service Bulletin 747-53A2367, Revision 5, dated
July 8, 2014, with external doublers installed as specified in
Boeing Alert Service Bulletin 747-53A2367: Except as provided by
paragraph (m) of this AD, at the applicable time specified in table
5 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 747-53A2367, Revision 5, dated July 8, 2014, do internal
detailed and surface HFEC inspections for cracks in the skin and
internal doubler along the edge fastener rows of the modification,
in accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-53A2367, Revision 5, dated July 8, 2014. In
unrepaired areas, repeat the internal detailed and surface HFEC
inspections for cracks in the skin or internal doubler along the
edge fastener rows of the modification thereafter at the applicable
interval specified in paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 747-53A2367, Revision 5, dated July 8, 2014.

(k) Repetitive Post-Modification Inspections for Airplane Groups 12 and
13

    For airplanes identified as Groups 12 and 13 in Boeing Alert
Service Bulletin 747-53A2367, Revision 5, dated July 8, 2014: Except
as provided by paragraph (m) of this AD, at the applicable time
specified in table 6 of paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 747-53A2367, Revision 5, dated July 8, 2014,
do internal detailed and surface HFEC inspections for cracks in the
skin and internal doubler along the edge fastener rows of the
modification, in accordance with the Accomplishment Instructions of
Boeing Alert Service Bulletin 747-53A2367, Revision 5, dated July 8,
2014. In unrepaired areas, repeat the internal detailed and surface
HFEC inspections for cracks in the skin or internal doubler along
the edge fastener rows of the modification thereafter at the
applicable interval specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 747-53A2367, Revision 5, dated July 8,
2014.

(l) Corrective Actions

    If any cracking is found during any inspection required by this
AD: Before further flight, repair the cracking using a method
approved in accordance with the procedures specified in paragraph
(n) of this AD.

(m) Exception to Boeing Alert Service Bulletin 747-53A2367, Revision 5,
Dated July 8, 2014

    Where paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 747-53A2367, Revision 5, dated July 8, 2014, specifies a
compliance time ``after the Revision 5 date of this service
bulletin,'' this AD requires compliance within the specified
compliance time ``after the effective date of this AD.''

(n) 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 paragraph (o) 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, modification, or alteration 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. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane and the approval must
specifically refer to this AD.

(o) Related Information

    For more information about this AD, contact Nathan Weigand,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 747-53A2367, Revision 5, dated
July 8, 2014.
    (ii) Reserved.
    (3) 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.
    (4) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

     Issued in Renton, Washington, on November 4, 2015.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-28891 Filed 11-19-15; 8:45 am]
 BILLING CODE 4910-13-P