Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations 74667 

Mississauga, Ontario, Canada L5S 1V7; 

telephone (905) 405–1371; fax (905) 405– 

1373; email inquiry@deca-aviation.com; 

Internet http://www.deca-aviation.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

(425) 227–1221. 

(4) You may also review copies of the 

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 (202) 741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on 

November 10, 2011. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–30232 Filed 11–30–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0914; Directorate 

Identifier 2010–NM–166–AD; Amendment 

39–16876; AD 2011–24–12] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 737–200, –200C, –300, 

–400, and –500 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

certain Model 737–300, –400, and –500 

series airplanes. That AD currently 

requires repetitive external nondestructive inspections to detect cracks 

in the fuselage skin along the chem-mill 

step at stringers S–1 and S–2 right, 

between station (STA) 827 and STA 

847, and repair if necessary. This new 

AD adds inspections for cracking in 

additional fuselage crown skin 

locations, and repair if necessary. This 

new AD also reduces the inspection 

thresholds for certain airplanes, extends 

certain repetitive inspection intervals, 

and adds airplanes to the applicability 

of the existing AD. This AD was 

prompted by reports of additional crack 

findings of the fuselage crown skin at 

the chem-milled steps. We are issuing 

this AD to detect and correct fatigue 

cracking of the fuselage skin panels at 

the chem-milled steps, which could 

result in sudden fracture and failure of 

the fuselage skin panels, and 

consequent rapid decompression of the 

airplane. 

DATES: This AD is effective January 5, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of January 5, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of February 16, 2010 (75 FR 

1527, January 12, 2010). 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone (206) 544–5000, 

extension 1; fax (206) 766–5680; Email 

me.boecom@boeing.com; 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, Washington. 

For information on the availability of 

this material at the FAA, call (425) 227– 

1221. 

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 AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: (800) 647–5527) 

is Document 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: 

Wayne Lockett, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; phone: (425) 

917–6447; fax: (425) 917–6590; Email: 

wayne.lockett@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2010–01–09, 

Amendment 39–16167 (75 FR 1527, 

January 12, 2010). That AD applies to 

the specified products. The NPRM 

published in the Federal Register on 

September 1, 2011 (76 FR 54399). That 

NPRM proposed to continue to require 

repetitive external non-destructive 

inspections to detect cracks in the 

fuselage skin along the chem-mill step 

at stringers S–1 and S–2 right, between 

station (STA) 827 and STA 847, and 

repair if necessary. That NPRM also 

proposed to add inspections for 

cracking in additional fuselage crown 

skin locations, and repair if necessary. 

That NPRM also proposed to reduce the 

inspection thresholds for certain 

airplanes, extend certain repetitive 

inspection intervals, and add airplanes 

to the applicability of the existing AD. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

have considered the comments received. 

Boeing and the National Transportation 

Safety Board support the NPRM. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Interim Action 

We consider this proposed AD 

interim action. If final action is later 

identified, we might consider further 

rulemaking then. 

Costs of Compliance 

We estimate that this AD affects 654 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS

Action Work hours Average labor 

rate per hour Cost per product 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Inspection in AD 2010–01–09 (75 FR 

1527, January 12, 2010).

2 .............................. $85 $170 per inspection 

cycle.

135 $22,950 per inspection cycle. 


emcdonald on DSK5VPTVN1PROD with RULES
74668 Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations 

ESTIMATED COSTS—Continued 

Action Work hours Average labor 

rate per hour Cost per product 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

New inspection in this AD ......................... Between 2 and 30 .. 85 Between $170 and 

$2,550 per inspection cycle.

654 Between $111,180 

and $1,667,700 

per inspection 

cycle. 

We have received no definitive data 

that would enable us to provide a cost 

estimate 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 

We have determined that 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing airworthiness directive (AD) 

2010–01–09, Amendment 39–16167 (75 

FR 1527, January 12, 2010), and adding 

the following new AD: 

2011–24–12 The Boeing Company: 

Amendment 39–16876; Docket No. 

FAA–2011–0914; Directorate Identifier 

2010–NM–166–AD. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective January 5, 2012. 

(b) Affected ADs 

This AD supersedes AD 2010–01–09, 

Amendment 39–16167 (75 FR 1527, January 

12, 2010). 

(c) Applicability 

This AD applies to all The Boeing 

Company Model 737–200, –200C, –300, 

–400, and –500 series airplanes, certificated 

in any category. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 53, Fuselage. 

(e) Unsafe Condition 

This AD was prompted by reports of 

additional crack findings of the fuselage 

crown skin at the chem-milled steps. We are 

issuing this AD to detect and correct fatigue 

cracking of the fuselage skin panels at the 

chem-milled steps, which could result in 

sudden fracture and failure of the fuselage 

skin panels, and consequent rapid 

decompression of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

Restatement of Requirements of AD 2010– 

01–09, Amendment 39–16167 (75 FR 1527, 

January 12, 2010) 

(g) Initial and Repetitive Inspections 

For airplanes identified in Boeing Alert 

Service Bulletin 737–53A1301, dated 

September 3, 2009: Before the accumulation 

of 35,000 total flight cycles, or within 500 

flight cycles after February 16, 2010 (the 

effective date of AD 2010–01–09), whichever 

occurs later, except as provided by paragraph 

(i) of this AD, do an external non-destructive 

inspection (NDI) to detect cracks in the 

fuselage skin along the chem-mill steps at 

stringers S–1 and S–2 right, between station 

(STA) 827 and STA 847, in accordance with 

the Accomplishment Instructions of Boeing 

Alert Service Bulletin 737–53A1301, dated 

September 3, 2009; or Boeing Alert Service 

Bulletin 737–53A1301, Revision 2, dated 

April 25, 2011. If no cracking is found, repeat 

the inspection thereafter at intervals not to 

exceed 500 flight cycles; except as provided 

by paragraphs (i) and (n) of this AD. 

Accomplishing the inspections required by 

paragraph (j) of this AD terminates the 

inspections required by this paragraph. 

(h) Repair 

If any crack is found during any inspection 

required by paragraph (g) of this AD, and 

Boeing Alert Service Bulletin 737–53A1301, 

dated September 3, 2009; or Boeing Alert 

Service Bulletin 737–53A1301, Revision 2, 

dated April 25, 2011; specifies to contact 

Boeing for repair instructions: Before further 

flight, repair the crack using a method 

approved in accordance with the procedures 

specified in paragraph (q) of this AD. 

(i) Optional Terminating Action for 

Repetitive Inspections in Paragraph (g) of 

This AD 

Installing an external repair doubler along 

the chem-milled steps at stringers S–1 and S– 

2 right, between STA 827 and STA 847, 

constitutes terminating action for the 

repetitive inspections required by paragraph 

(g) of this AD for the repaired area only, 

provided all of the conditions specified in 

paragraphs (i)(1), (i)(2), and (i)(3) of this AD 

are met. 

(1) The repair is installed after September 

3, 2009; 

(2) The repair was approved by the FAA 

or by a Boeing Company Authorized 

Representative or the Boeing Commercial 

Airplanes Organization Designation 


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Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations 74669 

Authorization (ODA) that has been 

authorized by the Manager, Seattle Aircraft 

Certification Office (ACO), FAA, to make 

such findings; and 

(3) The repair extends a minimum of three 

rows of fasteners on each side of the chemmill line in the circumferential direction. 

New Inspections Including Additional 

Locations and Reduced Inspection Intervals 

(j) Groups 1 Through 25: Initial and 

Repetitive Inspections 

For Groups 1 through 25 airplanes 

identified in Boeing Alert Service Bulletin 

737–53A1301, Revision 2, dated April 25, 

2011: Except as provided by paragraph (k) of 

this AD, at the applicable time specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Alert Service Bulletin 737–53A1301, 

Revision 2, dated April 25, 2011, do the 

applicable inspections required by 

paragraphs (j)(1) and (j)(2) of this AD, in 

accordance with paragraphs 3.B.1 through 

3.B.25 of the Accomplishment Instructions of 

Boeing Alert Service Bulletin 737–53A1301, 

Revision 2, dated April 25, 2011. If no 

cracking is found, repeat the applicable 

inspections thereafter at the applicable 

intervals specified in paragraph 1.E., 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 737–53A1301, Revision 2, dated 

April 25, 2011; except as provided by 

paragraphs (m) and (n) of this AD. Doing the 

inspections required by this paragraph 

terminates the inspections required by 

paragraph (g) of this AD. 

(1) For Groups 2, 8, 10, 13 through 18, and 

21 through 25 airplanes: Do a detailed 

inspection and an external non-destructive 

inspection (NDI) (medium frequency eddy 

current inspection, magneto optical imaging 

inspection, c-scan inspection, or ultrasonic 

phased array inspection) for cracking in the 

fuselage skin at the chem-mill steps at 

stringers S–1 and S–2R between STA 827 and 

STA 847, as identified in the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 737–53A1301, Revision 2, 

dated April 25, 2011. 

(2) For Groups 1 through 25 airplanes: Do 

a detailed inspection and an external NDI 

(medium frequency eddy current inspection; 

magneto optical imaging inspection, c-scan 

inspection, or ultrasonic phased array 

inspection) for cracking in the fuselage skin 

at the chem-mill steps at the specified 

locations other than at S–1 and S–2R 

between STA 827 and STA 847, as identified 

in the Accomplishment Instructions of 

Boeing Alert Service Bulletin 737–53A1301, 

Revision 2, dated April 25, 2011. 

Note 1: Option 1 of Boeing Alert Service 

Bulletin 737–53A1301, Revision 2, dated 

April 25, 2011, specifies a detailed 

inspection, and one additional inspection 

(external NDI, medium frequency eddy 

current inspection, magneto optical imaging 

inspection, or c-scan inspection). Option 2 of 

Boeing Alert Service Bulletin 737–53A1301, 

Revision 2, dated April 25, 2011, specifies a 

detailed inspection and an external 

ultrasonic phased array inspection. These 

options have different compliance times after 

the initial inspection. 

(k) Exception 

Where Boeing Alert Service Bulletin 737– 

53A1301, Revision 2, dated April 25, 2011, 

specifies a compliance time after ‘‘the date of 

Revision 1,’’ or ‘‘the date of Revision 2’’ of 

that service bulletin, this AD requires 

compliance within the specified time after 

the effective date of this AD. 

(l) Repair 

If any crack is found during any inspection 

required by paragraph (j) of this AD: Before 

further flight, repair the crack using a method 

approved in accordance with the procedures 

specified in paragraph (q) of this AD. Doing 

the repair ends the repetitive inspections 

required by paragraph (j) for the repaired area 

only. 

(m) Optional Terminating Action for 

Repetitive Inspections 

Installing an external repair doubler along 

the chem-milled steps at any location 

identified in Boeing Alert Service Bulletin 

737–53A1301, Revision 2, dated April 25, 

2011, constitutes terminating action for the 

repetitive inspections required by paragraph 

(j) of this AD for the repaired area only, 

provided all of the conditions specified in 

paragraphs (m)(1), (m)(2), and (m)(3) of this 

AD are met. 

(1) The repair is installed after the 

applicable date specified in paragraph 

(m)(1)(i) and (m)(1)(ii) of this AD. 

(i) For repairs at S–1 and S–2R between 

STA 827 and STA 847: Installed after 

September 3, 2009. 

(ii) For repairs at locations other than at S– 

1 and S–2R between STA 827 and STA 847: 

Installed after June 7, 2010. 

(2) The repair was approved by the FAA 

or by a Boeing Company Authorized 

Representative or the Boeing Commercial 

Airplanes Organization Designation 

Authorization (ODA) that has been 

authorized by the Manager, Seattle Aircraft 

Certification Office (ACO) to make such 

findings; and 

(3) The repair extends a minimum of three 

rows of fasteners on each side of the chemmill line in the circumferential direction. 

(n) Modification 

Accomplishing a modification of the chemmilled steps at any location identified in 

Boeing Alert Service Bulletin 737–53A1301, 

Revision 2, dated April 25, 2011, using a 

method approved in accordance with the 

procedures specified in paragraph (q)(1) of 

this AD, terminates the repetitive inspections 

required by paragraphs (g) and (j) of this AD 

for the modified area only. 

(o) Group 26 Airplanes 

For Group 26 airplanes identified in 

Boeing Alert Service Bulletin 737–53A1301, 

Revision 2, dated April 25, 2011: Within 

1,800 flight cycles after the effective date of 

this AD, accomplish applicable inspections 

and corrective action, as identified in the 

service bulletin, using a method approved in 

accordance with the procedures specified in 

paragraph (q)(1) of this AD. 

(p) Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

Actions done before the effective date of 

this AD in accordance with Boeing Alert 

Service Bulletin 737–53A1301, Revision 1, 

dated June 7, 2010, are acceptable for 

compliance with the corresponding 

requirements of this AD. 

(q) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle 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: 9–ANM– 

Seattle–ACO–AMOC–Requests@faa.gov. 

(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 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. 

(r) Related Information 

For more information about this AD, 

contact Wayne Lockett, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; phone: (425) 917–6447; fax: (425) 917– 

6590; email: wayne.lockett@faa.gov. 

(s) Material Incorporated by Reference 

You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) under 5 

U.S.C. 552(a) and 1 CFR part 51 of the 

following service information on the date 

specified: 

(1) Boeing Alert Service Bulletin 737– 

53A1301, Revision 2, dated April 25, 2011, 

approved for IBR January 5, 2012. 

(2) Boeing Alert Service Bulletin 737– 

53A1301, dated September 3, 2009, approved 

for IBR February 16, 2010 (75 FR 1527, 

January 12, 2010). 

(3) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

(206) 544–5000, extension 1; fax (206) 766– 

5680; email me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

(4) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

(425) 227–1221. 


emcdonald on DSK5VPTVN1PROD with RULES
74670 Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations 

(5) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call (202) 741– 

6030, or go to http://www.archives.gov/

federal_register/code_of_federal_regulations/

ibr_locations.html. 

Issued in Renton, Washington, on 

November 17, 2011. 

John P. Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–30608 Filed 11–30–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Parts 679 and 680 

[Docket No. 100107012–1689–03] 

RIN 0648–AY53 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod 

Allocations in the Gulf of Alaska; 

Amendment 83 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS publishes regulations 

to implement Amendment 83 to the 

Fishery Management Plan for 

Groundfish of the Gulf of Alaska (GOA). 

Amendment 83 allocates Western and 

Central GOA Pacific cod total allowable 

catch (TAC) limits among various gear 

and operational sectors. Sector 

allocations limit the amount of Western 

and Central GOA Pacific cod that each 

sector is authorized to harvest. This 

action reduces competition among 

sectors and supports stability in the 

Pacific cod fishery. This rule limits 

access to the Federal Pacific cod TAC 

fisheries prosecuted in State of Alaska 

waters, commonly known as the parallel 

fishery, adjacent to the Western and 

Central GOA. This action is intended to 

promote community participation and 

provide incentives for new entrants in 

the jig sector. It also promotes the goals 

and objectives of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, the Fishery Management Plan, and 

other applicable laws. 

DATES: Effective January 1, 2012. 

ADDRESSES: Electronic copies of this 

rule, the Environmental Assessment 

(EA), and Regulatory Impact Review 

(RIR) may be obtained from the NMFS 

Alaska Region Web site at http:// 

alaskafisheries.noaa.gov. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

may be submitted by mail to NMFS, 

Alaska Region, P.O. Box 21668, Juneau, 

AK 99802–1668, Attn: Ellen Sebastian, 

Records Officer; in person at NMFS, 

Alaska Region, 709 West 9th Street, 

Room 420A, Juneau, Alaska; and by 

email to 

OIRA_Submission@omb.eop.gov, or by 

fax to (202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Seanbob Kelly, (907) 586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fisheries in the 

U.S. exclusive economic zone (EEZ) of 

the GOA under the Fishery Management 

Plan for Groundfish of the GOA (FMP). 

The North Pacific Fishery Management 

Council (Council) prepared, and NMFS 

approved, the FMP under the authority 

of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA), 16 U.S.C. 1801 et seq. 

Regulations governing U.S. fisheries and 

implementing the FMP appear at 50 

CFR parts 600 and 679. 

The Notice of Availability for 

Amendment 83 was published in the 

Federal Register on June 28, 2011 (76 

FR 37763), with a 60-day comment 

period that ended August 29, 2011. The 

Secretary of Commerce (Secretary) 

approved Amendment 83 on September 

22, 2011. The Council submitted the 

proposed rule to NMFS, and it was 

published in the Federal Register on 

July 26, 2011 (76 FR 44700). The 45-day 

comment period on the proposed rule 

ended September 9, 2011. NMFS 

received a total of 6 letters, from five 

unique persons, on Amendment 83 and 

the proposed rule implementing the 

amendment. The letters contained 29 

individual comments. A summary of 

these comments and the responses by 

NMFS are provided under Response to 

Comments below. 

Elements of the Final Rule 

A detailed review of the provisions of 

Amendment 83 and its implementing 

rule is provided in the preamble to the 

proposed rule (76 FR 44700, July 26, 

2011), and is not repeated here. The 

proposed rule is available from the 

NMFS Alaska Region web site (see 

ADDRESSES). The following provides a 

list and brief review of the regulatory 

changes made by this final rule to the 

management of the GOA Pacific cod 

fishery. NMFS’ responses to public 

comments on Amendment 83 and the 

proposed rule to implement 

Amendment 83 are also presented 

below. 

Amendment 83 was adopted by the 

Council in December 2009 to supersede 

the current inshore/offshore processing 

allocation of Western and Central GOA 

Pacific cod among various harvesting 

sectors. Pacific Cod is second only to 

walleye pollock as the predominant 

GOA fishery. As one of the most 

valuable fish species in the GOA, Pacific 

cod is the primary species targeted by 

vessels using pot and hook-and-line gear 

and is an important species for vessels 

using the trawl gear. Smaller amounts of 

Pacific cod are taken by vessels using jig 

gear. Currently, Pacific cod in the GOA 

is apportioned on the basis of processor 

component (inshore and offshore) and 

season, as implemented under 

Amendment 23 to the GOA FMP (57 FR 

23321, June 3, 1992). Under inshore/ 

offshore management, 90 percent of the 

Western, Central, and Eastern GOA TAC 

is allocated to vessels catching Pacific 

cod for processing by the inshore 

component, and 10 percent to vessels 

catching Pacific cod for processing by 

the offshore component. The Council 

recognized that competition among 

participants in the Western and Central 

GOA Pacific cod fisheries has 

intensified in recent years. Because the 

TACs are divided by inshore/offshore 

processing components of the fishery 

and not divided among gear or 

operation types, there is a derby-style 

race for fish and competition among the 

various gear types for shares of the 

TACs. 

Amendment 83 establishes sector 

allocations for each gear and operation 

type in the Western and Central GOA 

Pacific cod fisheries. In both regulatory 

areas, the sectors are jig, hook-and-line 

catcher/processor (C/P), pot catcher 

vessel (CV) and C/P combined, trawl 

C/P, trawl CV, and hook-and-line CV; 

however, in the Central GOA, the hookand-line CV sector are further divided 

by vessel length. In the Central GOA, 

hook-and-line CVs less than 50 ft (15.2 

m) LOA (< 50 ft (15.2 m) LOA) are in 

one sector and hook-and-line CVs 

greater than or equal to 50 ft (15.2 m) 

(≥ 50 ft (15.2 m)) are in another sector. 

Historically, the majority of catch by 

hook-and-line CVs has been harvested 

by vessels < 50 ft (15.2 m) LOA, but in 

recent years, there has been a 

substantial increase in catch by hookand-line CVs that are between 50 ft (15.2 

m) and 60 ft (18.3 m) LOA. Dividing this 

sector at 50 ft (15.2 m) LOA protects 

smaller boats from an influx of effort by 

vessels ≥ 50 ft (15.2 m) LOA. The 

Council recognized that in the Central 


emcdonald on DSK5VPTVN1PROD with RULES