This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

51899 

Vol. 73, No. 174 

Monday, September 8, 2008 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Part 381 

[Docket No. 04–033F; FDMS No. FSIS–2007– 

0045] 

RIN 0583–AD18 

Allowing Bar-Type Cut Turkey 

Operations To Use J-Type Cut 

Maximum Line Speeds 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is amending 

the Federal poultry products inspection 

regulations to provide that turkey 

slaughter establishments that open 

turkey carcasses with Bar-type cuts may 

operate at the maximum line speeds 

established for J-type cuts if the 

establishment uses the specific type of 

shackle described in this final rule. 

Under this final rule, as under current 

regulations, the inspector in charge will 

reduce line speeds when, in his or her 

judgment, the prescribed inspection 

procedure cannot be adequately 

performed within the time available 

because of the health conditions of a 

particular flock or because of other 

factors. Such factors include the manner 

in which birds are being presented to 

the inspector and the level of 

contamination among the birds on the 

line. 

DATES: Effective Date: October 8, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Burke, Risk Management 

Division, Office of Policy and Program 

Development, Food Safety and 

Inspection Service, U.S. Department of 

Agriculture, Room 3543, South 

Building, 1400 Independence Avenue, 

SW., Washington, DC 20250; Telephone 

(202) 720–7974. 

SUPPLEMENTARY INFORMATION: 

Background 

The Poultry Products Inspection Act 

(PPIA) requires post-mortem inspection 

of all carcasses of slaughtered poultry 

subject to the Act (21 U.S.C. 455(b)). 

Under the New Turkey Inspection (NTI) 

System regulation (9 CFR 381.68), one 

or two inspectors on each eviscerating 

line examine the whole carcass and 

viscera of each bird. The NTI System 

regulation provides maximum line 

speeds for: (1) One inspector and two 

inspector lines; (2) light (under 16 

pounds) and heavy (16 pounds and 

over) turkeys; and (3) turkeys with Jtype cut openings and turkeys with Bartype cut openings. 

Some turkey slaughter establishments 

cut a J-type opening in the turkey 

carcass, which is a large abdominal 

opening in the turkey that facilitates the 

removal of the viscera. These 

establishments use a metal or plastic 

device that is inserted into the cavity of 

the carcass to hold the hocks. Other 

establishments leave a section of skin 

intact between the vent and body 

opening to secure the hocks. This type 

of opening is called a Bar-type cut 

opening. 

When the final NTI System regulation 

was published in 1985 (50 FR 37508), 

because of the shackles that were in use, 

Bar-type cut turkeys presented for 

inspection on a three-point suspension 

required an extra inspection hand 

motion to raise the bar-cut skin flap to 

observe the under side of the bar-cut 

skin flap and the kidney area. This extra 

hand motion is not necessary to inspect 

J-type cut turkeys. Therefore, the 

regulation requires a slower line speed 

for Bar-type cut operations than for Jtype cut operations. In addition, the 

regulation states that the inspector in 

charge may reduce inspection line rates 

when, in his or her judgment, the 

prescribed inspection procedure cannot 

be adequately performed within the 

time available because the health 

conditions of a particular flock dictate a 

need for a more extended inspection (9 

CFR 381.68(c)). 

In 1988, a turkey slaughter 

establishment developed a turkey 

shackle that positioned the three-point 

hung turkey carcasses on a shackle with 

a 4-inch by 4-inch selector (or kickout), 

a 45 degree bend of the lower 2 inches, 

an extended central loop portion of the 

shackle that lowered the abdominal 

cavity opening of the carcasses to an 

angle of 30 degrees from the vertical in 

direct alignment with the inspector’s 

view, and a width of 10.5 inches. This 

shackle allows light to illuminate the 

total inside surfaces of the carcass and 

allows FSIS inspectors to view and 

properly inspect the inside surfaces of 

the carcass with minimal manipulation. 

Thus, with the modified shackles, the 

Bar-type cut inspection hand motions 

are similar to the J-type cut inspection 

hand motions. 

After this turkey slaughter 

establishment installed the modified 

shackles, FSIS conducted a study on the 

effectiveness of these shackles. FSIS 

concluded that, in a Bar-type cut 

operation using the modified shackle 

and regulatory maximum J-type cut line 

speeds, establishment employees and 

FSIS inspectors are able to perform as 

well as they did when using the slower, 

regulatory maximum Bar-type cut line 

speeds. FSIS also concluded that, 

because the modified shackle allows for 

modification of the inspection hand 

motions, use of the modified shackle 

decreases the inspector’s work load 

under the Bar-type cut inspection 

procedure. 

Under 9 CFR 381.3(b), for limited 

periods, the Administrator of FSIS may 

waive provisions of the regulations to 

permit experimentation so that new 

procedures, equipment, and processing 

techniques may be tested to facilitate 

definite improvements. Under this 

regulation, on July 21, 1989, the 

Administrator waived the NTI System 

regulation for the first establishment 

that installed the modified shackles, so 

that the Bar-type cut establishment 

could run at the maximum line speeds 

for J-type cut turkeys. That 

establishment is no longer using the 

modified shackle. 

FSIS has, however, allowed two other 

establishments that installed the 

modified turkey shackles described 

above to run at the maximum line 

speeds for J-type cut turkeys. Under 9 

CFR 381.3(b), FSIS authorized one to 

begin operating at the faster line speeds 

on June 15, 2001, and the other on 

March 17, 2004. FSIS reviewed in-plant 

trial data from these establishments, 

including disposition accuracy, 

contamination rate, microbiological 

characteristics, and other product 

characteristics. The data show no 

statistical difference between turkeys 


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51900 Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Rules and Regulations 

processed using the modified Bar-type 

cut shackle running at the faster J-type 

cut line speeds and turkeys processed at 

the same establishment using the 

original Bar-type cut shackle (nonmodified) running at the slower Bartype cut line speeds. 

On February 19, 2004, ConAgra 

Foods, the parent company of the two 

establishments that process Bar-type cut 

turkey carcasses with modified 

shackles, using the faster line speeds for 

J-type cuts, submitted a petition to FSIS 

requesting that the Agency revise its 

regulations to allow turkey 

establishments that use Bar-type cuts 

and modified shackles to operate under 

the inspection rates (line speeds) 

established for J-type cuts. On 

September 9, 2005, FSIS proposed to 

amend the regulations consistent with 

the petitioner’s request (70 FR 53582). 

Proposed and Final Rule Changes 

This final rule amends the NTI 

System regulation, consistent with the 

petitioner’s request, to provide that 

turkey slaughter establishments that 

open turkey carcasses with Bar-type 

cuts may operate at the maximum line 

speeds established for J-type cuts if the 

establishment uses a shackle with a 4- 

inch by 4-inch selector (or kickout), a 45 

degree bend of the lower 2 inches, an 

extended central loop portion of the 

shackle that lowers the abdominal 

cavity opening of the carcasses to an 

angle of 30 degrees from the vertical in 

direct alignment with the inspector’s 

view, and a width of 10.5 inches. The 

final rule provisions are the same as 

those that FSIS proposed. FSIS did not 

make any changes in the final rule based 

on comments received in response to 

the proposed rule. 

Based on the in-plant trial data 

discussed above, FSIS has determined 

that product quality and safety will not 

be affected by allowing establishments 

producing Bar-cut turkeys to operate at 

the maximum regulatory line speeds for 

J-type cuts, provided these 

establishments use the type of shackle 

described in this final rule. FSIS has 

concluded that this rule will facilitate 

post-mortem inspection of turkey 

carcasses. For the two Bar-type cut 

turkey establishments that use the 

modified shackle to be able to run at 

these line speeds on a permanent basis, 

it is necessary that FSIS amend 9 CFR 

381.68. In addition, it is necessary that 

FSIS amend the regulation to allow all 

turkey slaughter establishments that 

may use Bar-type cut openings to run at 

the maximum J-type cut line speeds, 

provided that such establishments use 

the correct shackles, and provided that 

the health conditions of the flock or 

other factors do not cause the inspectorin-charge to reduce the line speed. 

Under this final rule, as under current 

regulations, the inspector in charge can 

reduce line speeds when, in his or her 

judgment, the prescribed inspection 

procedure cannot be adequately 

performed within the time available 

because of the health conditions of a 

particular flock. In addition, this final 

rule makes clear that the inspector-incharge could reduce line speeds when 

the prescribed inspection procedure 

cannot be adequately performed within 

the time available because of factors 

other than the health conditions of the 

flock. This rule specifies that such 

factors could include the manner in 

which birds are being presented to the 

inspector for inspection and the level of 

contamination among the birds on the 

line. 

Responses to Comments on the 

Proposal 

FSIS received three comments in 

response to the proposed rule on 

allowing Bar-type cut turkey operations 

to use J-type cut maximum line speeds, 

one from an FSIS employee and two 

from animal rights organizations. 

Comment: The FSIS employee asked 

whether studies have been completed to 

determine what effect the increase in 

line speed will have on the upper 

extremities of FSIS inspectors and 

establishment employees. 

The commenter also questioned 

whether concrete guidelines would be 

given to inspection program personnel 

to assist them in making an objective 

decision regarding reducing line speeds. 

In addition, the employee questioned 

whether FSIS performed baseline 

studies concerning the safety of those 

who work on the evisceration line when 

the initial NTI System regulation was 

proposed. This commenter stated that 

FSIS employees are ignorant as to the 

debilitating and potentially disabling 

effects that increasing line speeds have 

on the muscles, nerves, tendons, joints, 

and ligaments of their upper 

extremities. 

Response: In 1989, based on the study 

of the effectiveness of the modified 

shackle discussed above, FSIS 

determined that, by eliminating the 

tilting motion at establishments 

operating with the J-type cut maximum 

line speeds, the inspection procedure 

was improved. Tilting the turkey 

normally required an ulner deviation of 

the hands, which is one of the motions 

thought to lead to Carpal Tunnel 

Syndrome. Therefore, FSIS determined 

that the modified shackle is 

ergonomically better than the traditional 

turkey shackle. 

FSIS did not conduct baseline studies 

concerning the safety of those who work 

on the evisceration line when the initial 

NTI System regulation was proposed in 

1984 (49 FR 44640) or finalized in 1985 

(50 FR 37508). FSIS determined it was 

unnecessary to conduct such baseline 

studies because the NTI System 

regulation eliminated certain inspector 

motions. By eliminating motions, the 

regulation increased the safety for 

inspection program personnel who work 

on turkey evisceration lines. 

FSIS does not intend to issue new 

guidance to inspection program 

personnel to assist them in making an 

objective decision regarding reducing 

line speeds. Under this rule, as under 

current regulations, inspection program 

personnel are to use their professional 

judgment when making a decision to 

reduce line speeds. 

Comment: The two animal rights 

organizations stated that faster line 

speeds will result in a great deal of 

additional suffering to birds during 

shackling. One of the commenters stated 

that when line speeds are increased, 

workers grab the birds more roughly and 

snap their legs into shackles more 

violently. The other commenter stated 

that meat and poultry slaughter 

establishment workers involved in 

incidents of inhumane handling often 

explain that they were forced to mistreat 

animals because of the pressure of 

keeping up with the slaughter line. The 

commenter further stated that FSIS 

should consider the potential impact on 

animal treatment when proposing 

changes to slaughter practices, such as 

line speeds. 

Response: FSIS believes that faster 

line speeds will not result in additional 

suffering to birds. With the increased 

line speed, the company may hire 

additional handlers with the result that 

the time to hang the birds remains the 

same. As FSIS explained in the Federal 

Register notice on the treatment of live 

poultry before slaughter (70 FR 56624, 

September 28, 2005), under the PPIA 

and Agency regulations, all poultry 

establishments must handle live poultry 

in a manner that is consistent with good 

commercial practices, which means 

they should be treated humanely. In this 

notice, FSIS also explained that the 

Agency considers humane methods of 

handling birds and humane slaughter 

operations a high priority and takes 

seriously any violations of applicable 

laws and regulations. Under 9 CFR 

381.71, FSIS condemns poultry 

showing, on ante mortem inspection, 

certain diseases or conditions. Bruising 

is one condition that may result in 

condemnation (9 CFR 381.89). Bruises 


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Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Rules and Regulations 51901 

1 In the preamble to the final rule entitled 

‘‘Pathogen Reduction; Hazard Analysis and Critical 

Control Point (HACCP) Systems,’’ establishments 

that employ between 1–9 persons and have less 

than $2.5 million in annual sales are considered 

very small; those that employ 10 to 499 persons are 

considered small; and those that employ 500 or 

more persons are considered large. 

2National Turkey Federation Web site (http:// 

www.eatturkey.com/index.html). Turkey Facts and 

Trivia. 

3USDA Structural Change in U.S. Chicken and 

Turkey Slaughter, Michael Ollinger, James 

MacDonald, Milton Madison, September 2000, pp. 

11–12 (ERS Agricultural Economic Report Number 

787). 

4Consumers are recognizing the health benefits of 

turkey as a low-fat, high-protein source. National 

Turkey Federation Web site. 

are likely to result when birds are not 

treated humanely. 

Executive Order 12866 

This action has been reviewed for 

compliance with Executive Order (EO) 

12866. This rule has been designated 

‘‘non-significant’’ and therefore has not 

been reviewed by the Office of 

Management and Budget. 

Need for the Rule 

This rule is necessary to provide more 

production options for turkey slaughter 

establishments. For the two Bar-type cut 

turkey establishments that use the 

modified shackles to be able to run at 

the faster line speeds on a permanent 

basis, it is necessary that FSIS amend 

the regulations. In addition, it is 

necessary that FSIS amend the 

regulations to allow all turkey 

establishments that may use Bar-type 

cut openings to run at the maximum Jtype cut line speeds, provided that such 

establishments use the correct shackles, 

and provided that the health conditions 

of the flock or other factors do not cause 

the inspector in charge to reduce the 

line speed. 

Industry Overview 

According to FSIS’ Animal 

Disposition Reporting System (ADRS), 

the U.S. turkey industry consists of 

approximately 80 slaughter and 

processing establishments, of which 25 

are considered very small, 30 are 

considered small, and 25 are considered 

large.1 The total industry employs 

between 20,000 and 25,000 people in 

the United States, with thousands more 

employed in related industries, such as 

contract growing, product distribution, 

equipment manufacturing, and other 

affiliated services.2

Turkey companies are vertically 

integrated, meaning that they control or 

contract for all phases of production and 

processing—from breeding through 

delivery to retail. In a vertically 

integrated framework of turkey 

contracting, establishments (integrators) 

accept much of the risk of turkey 

growing in exchange for greater control 

over both the quality and quantity of 

birds. Usually, the contract calls for 

establishments to provide growers with 

chicks or poult hatchlings and feed from 

their own hatcheries and feed mills, 

veterinary services, medication, and 

field supervisors to monitor operations. 

The contract growers provide housing, 

equipment, labor, water, and all or most 

of the fuel and litter. Growers raise the 

birds until ready for shipment to the 

establishments. In their contractual 

arrangements with growers, 

establishments usually agree to pay a 

pre-established fee per pound for live 

turkeys plus a bonus or penalty for 

performance relative to other growers.3

In 2006, the number of turkeys raised 

in the United States was 262 million 

head, weighing an average of 24.8 

pounds. In 2006, the number of pounds 

of turkey produced was 6.5 billion 

pounds. At a rate of 45 cents per pound, 

the value of production equaled $2.9 

billion. 

U.S. consumption of turkey and 

turkey products is estimated to be 

nearly 17.1 pounds per person for 2007. 

The most popular turkey product 

continues to be the whole turkey, 

comprising 25 percent of all turkey sales 

in 2006. The product distribution for 

turkey products is as follows: 41.1 

percent to grocery stores and other retail 

outlets; 23.1 percent sold in commodity 

outlets; 21.6 percent sold to foodservice 

outlets; and 10 percent exported. 

U.S. exports of turkey products in 

2006 were 545 million pounds, 

comprising 9.6 percent of total turkey 

production. In 2006, the top four export 

markets for U.S. turkey were Mexico 

(310.0 million pounds), China (35.4 

million pounds), Russia (25.2 million 

pounds), and Canada (21.9 million 

pounds). 

Traditionally, turkey plants face 

highly seasonal demand, with most 

production occurring in the last quarter 

of the year to accommodate the 

increased consumption of turkeys 

around Christmas and Thanksgiving. 

Because of a shift in consumers’ taste for 

turkey and turkey products, consumers 

are consuming more turkey products, 

such as turkey sausages, ground turkey, 

luncheon meat, and tray packs; precooked turkey products such as deli 

breasts, turkey ham, and turkey bacon; 

and other further processed turkey 

products, on a year-round basis. More 

consumers are consuming turkey on a 

year-round basis because of health 

concerns and turkey’s nutritional value, 

which addresses those concerns.4 This 

trend in consumption reduces the 

excess capacity that plants were 

experiencing during much of the year to 

a more balanced production cycle year 

round. By supplying turkey and turkey 

products year round, turkey plants have 

been able to stabilize production rates. 

Stabilized production rates lower 

production costs because plants are able 

to avoid hiring, training, laying off 

employees, and starting up and shutting 

down of facilities on a seasonal basis. 

Estimated Benefits 

Establishments that process Bar-type 

cut turkeys and install the modified 

shackles will likely realize benefits 

because these establishments will be 

able to process more turkeys by using 

the J-type cut line speeds. According to 

ConAgra (who has petitioned FSIS to 

amend the regulations, consistent with 

this rule), by using the J-type cut line 

speeds, a turkey plant processing Bartype cut turkeys can increase its 

production capacity by 13 percent. Also 

according to ConAgra, under typical 

pricing and operation parameters, this 

increase will result in $600,000 to 

$3,000,000 more in revenue annually 

per establishment. In addition, this 

increase in capacity for processing 

turkeys will allow establishments to 

receive a greater return on their fixed 

assets. 

In addition to the two establishments 

that use Bar-type cuts that FSIS has 

authorized to run at the maximum line 

speeds for J-type cuts, any other Bartype cut establishment also can begin 

using the modified shackle and faster 

line speeds under this final rule. If other 

turkey slaughter establishments produce 

a large volume of whole turkeys, some 

of these turkey establishments may 

decide to install the shackles to process 

Bar-type cut turkeys and may obtain 

benefits similar to those ConAgra 

projected in its petition. 

The use of the modified shackles for 

Bar-type cut turkeys, compared to the 

traditional shackles for these turkeys, 

changes the presentation of the turkey 

so that the inspector need not 

manipulate the bar skin strip to observe 

the underside of that flap and the 

kidney area. Therefore, the Agency may 

also realize benefits because the 

inspectors would not be required to 

perform an extra hand motion. The 

elimination of this extra hand motion 

may reduce undue fatigue among turkey 

inspectors. 

Based on data from an FSIS study at 

a Bar-type cut turkey plant that ran at 

the J-type cut maximum line speeds and 

used the modified shackle that met the 

criteria to be included in this rule, this 


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51902 Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Rules and Regulations 

rule will not affect product quality or 

safety. 

Estimated Costs 

The costs of the final rule will be the 

costs establishments incur in 

purchasing and installing the modified 

shackles. Establishments are not likely 

to incur these costs unless they will 

realize benefits. Industry sources 

estimate that it would cost a typical 

plant $55,000 (in 2006 dollars) to install 

the modified shackles on two assembly 

lines. 

Regulatory Flexibility Act (RFA) 

FSIS has examined the economic 

implications of the final rule as required 

by the RFA (5 U.S.C. 601–612). If a rule 

has a significant economic impact on a 

substantial number of small entities, the 

RFA requires that regulatory options 

that would lessen the economic effect of 

the rule on small entities be analyzed. 

FSIS has determined that the final rule 

will not have a significant impact on a 

substantial number of small entities for 

the reasons discussed below. 

One of the establishments using the 

modified shackle is small, and one is 

large. Under the final rule, turkey 

slaughter establishments are not 

required to install modified shackles 

and are only likely to do so should they 

incur profits through the faster line 

speed for the production of whole 

turkeys. Based on the ADRS data 

discussed above, there are about 30 

small turkey slaughter establishments 

that could potentially install modified 

shackles. Very small establishments are 

not likely to install modified shackles 

because they are seasonal turkey 

processors. 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule: (1) Preempts 

all State and local laws and regulations 

that are inconsistent with this rule; (2) 

has no retroactive effect; and (3) does 

not require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

There are no paperwork or 

recordkeeping requirements associated 

with this final rule under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3520). 

Additional Public Notification 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, in an effort to 

ensure that the minorities, women, and 

persons with disabilities, are aware of 

this final rule, FSIS will announce it online through the FSIS Web page located 

at http://www.fsis.usda.gov/ 

Regulations_&_Policies/ 

2008_Interim_&_Final_Rules_Index/ 

index.asp. FSIS also will make copies of 

this Federal Register publication 

available through the FSIS Constituent 

Update, which is used to provide 

information regarding FSIS policies, 

procedures, regulations, Federal 

Register notices, FSIS public meetings, 

and other types of information that 

could affect or would be of interest to 

our constituents and stakeholders. The 

Update is communicated via Listserv, a 

free e-mail subscription service 

consisting of industry, trade groups, 

consumer interest groups, health 

professionals, and other individuals 

who have requested to be included. The 

Update is also available on the FSIS 

Web page. Through the Listserv and 

Web page, FSIS is able to provide 

information to a much broader and more 

diverse audience. In addition, FSIS 

offers an e-mail subscription service that 

provides automatic and customized 

access to selected food safety news and 

information. This service is available at 

http://www.fsis.usda.gov/ 

news_and_events/email_subscription/. 

Options range from recalls to export 

information to regulations, directives, 

and notices. Customers can add or 

delete subscriptions themselves, and 

have the option to password protect 

their accounts. 

List of Subjects in 9 CFR Part 381 

Poultry products inspection, Postmortem. 

■ For the reasons discussed in the 

preamble, FSIS is amending 9 CFR part 

381 as follows: 

PART 381—POULTRY PRODUCTS 

INSPECTION REGULATIONS 

■ 1. The authority citation for part 381 

continues to read as follows: 

Authority: 21 U.S.C. 451 et seq. 

■ 2. Section 381.68 is amended as 

follows: 

■ a. Paragraph (a) is amended by 

revising the first two sentences and by 

adding a new sentence after the second 

newly revised sentence; 

■ b. Paragraph (c) is amended by adding 

‘‘or other factors, including the manner 

in which birds are being presented to 

the inspector for inspection and the 

level of contamination among the birds 

on the line,’’ in the introductory text 

after the words ‘‘particular flock’’; and 

by revising the table and footnotes. 

The revisions and additions read as 

follows: 

§ 381.68 Maximum inspection rates—New 

turkey inspection system. 

(a) The maximum inspection rates for 

one inspector New Turkey Inspection 

(NTI–1 and NTI–1 Modified) and two 

inspectors New Turkey Inspection 

(NTI–2 and NTI–2 Modified) are listed 

in the table below. The line speeds for 

NTI–1 and NTI–2 are for lines using 

standard 9-inch shackles on 12-inch 

centers with birds hung on every 

shackle and opened with J-type or Bartype opening cuts. The line speeds for 

NTI–1 Modified and NTI–2 Modified 

are for Bar-type cut turkey lines using a 

shackle with a 4-inch by 4-inch selector 

(or kickout), a 45 degree bend of the 

lower 2 inches, an extended central loop 

portion of the shackle that lowers the 

abdominal cavity opening of the 

carcasses to an angle of 30 degrees from 

the vertical in direct alignment with the 

inspector’s view, and a width of 10.5 

inches. * * * 

* * * * * 

(c) * * * 


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Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Rules and Regulations 51903 

MAXIMUM TURKEY INSPECTION RATES

Inspection system Line configuration 

Number of 

inspectors 

Birds/minute 

J-Type Bar-Type 

(<16#) 

light 

(>16#) 1

heavy 

(<16#) 

light 

(>16#) 1

heavy 

NTI–1 ......................................................................... 12–1 1 32 30 25 21 

NTI–2 ......................................................................... 2 24–2 2 51 41 45 35 

NTI–1 Modified ........................................................... 12–1 1 — — 32 30 

NTI–2 Modified ........................................................... 2 24–2 2 — — 51 41 

1This weight refers to the bird at the point of post-mortem inspection without blood or feet. 

2The turkeys are suspended on the slaughter line at 12-inch intervals with two inspectors each looking at alternating birds at 24-inch intervals. 

Done in Washington, DC, on August 29, 

2008. 

Alfred V. Almanza, 

Administrator. 

[FR Doc. E8–20551 Filed 9–5–08; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0356; Directorate 

Identifier 2008–NM–042–AD; Amendment 

39–15661; AD 2008–18–04] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model DHC–8–400 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD), 

which applies to certain Bombardier 

Model DHC–8–400 series airplanes. 

That AD currently requires inspecting 

all barrel nuts to determine if the barrel 

nuts have a certain marking, inspecting 

affected bolts to determine if the bolts 

are pre-loaded correctly, and replacing 

all hardware if the pre-load is incorrect. 

For airplanes on which the pre-load is 

correct, the existing AD requires doing 

repetitive visual inspections for 

cracking of the barrel nuts and cradles 

and replacing all hardware for all 

cracked barrel nuts. The existing AD 

also requires replacing all hardware for 

certain affected barrel nuts that do not 

have cracking, which would end the 

repetitive inspections for those 

airplanes. The existing AD also provides 

an optional replacement for all affected 

barrel nuts. This new AD requires 

replacing all affected barrel nuts and 

applying a certain compound to the 

affected barrel nuts and bolts. This AD 

results from reports of cracking in the 

barrel nuts at the four primary front spar 

wing-to-fuselage attachment joints. We 

are issuing this AD to detect and correct 

cracking of the barrel nuts at the wing 

front spar wing-to-fuselage joints, which 

could result in reduced structural 

integrity of the wing-to-fuselage 

attachments and consequent 

detachment of the wing. 

DATES: This AD becomes effective 

October 14, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of October 14, 2008. 

On February 13, 2008 (73 FR 8187, 

February 13, 2008), the Director of the 

Federal Register approved the 

incorporation by reference of 

Bombardier Alert Service Bulletin A84–

57–19, Revision A, dated February 6, 

2008. 

ADDRESSES: For service information 

identified in this AD, contact 

Bombardier, Inc., Bombardier Regional 

Aircraft Division, 123 Garratt Boulevard, 

Downsview, Ontario M3K 1Y5, Canada. 

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 (telephone 800–647–5527) 

is the 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: 

Pong Lee, Aerospace Engineer, Airframe 

and Propulsion Branch, ANE–171, FAA, 

New York Aircraft Certification Office, 

1600 Stewart Avenue, Suite 410, 

Westbury, New York 11590; telephone 

(516) 228–7324; fax (516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The FAA issued a supplemental 

notice of proposed rulemaking (NPRM) 

to amend 14 CFR part 39 to include an 

AD that supersedes AD 2008–04–02, 

amendment 39–15374 (73 FR 8187, 

February 13, 2008). The existing AD 

applies to certain Bombardier Model 

DHC–8–400 series airplanes. That 

supplemental NPRM was published in 

the Federal Register on June 26, 2008 

(73 FR 36285). That supplemental 

NPRM proposed to continue to require 

inspecting all barrel nuts to determine if 

the barrel nuts have a certain marking, 

inspecting affected bolts to determine if 

the bolts are pre-loaded correctly, and 

replacing all hardware if the pre-load is 

incorrect. For airplanes on which the 

pre-load is correct, that supplemental 

NPRM also proposed to continue to 

require doing repetitive visual 

inspections for cracking of the barrel 

nuts and cradles and replacing all 

hardware for all cracked barrel nuts. 

That supplemental NPRM also proposed 

to continue to require replacing all 

hardware for certain affected barrel nuts 

that do not have cracking, which would 

end the repetitive inspections for those 

airplanes. In addition, that 

supplemental NPRM also proposed to 

continue to provide an optional 

replacement for all affected barrel nuts. 

Finally, that supplemental NPRM also 

proposed to require replacing all 

affected barrel nuts and applying a 

certain compound to the affected barrel 

nuts and bolts. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. No comments 

have been received on the NPRM or on 

the determination of the cost to the 

public. 

Conclusion 

We have carefully reviewed the 

available data and determined that air 


pwalker on PROD1PC71 with RULES