Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Modification of Emergency Fishery Closure Due to the Presence of the Toxin That Causes Paralytic Shellfish Poisoning, 53579-53581 [05-17986]
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Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations
BILLING CODE 4910–59–C
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§ 588.5
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PART 588—CHILD RESTRAINT
SYSTEMS RECORDKEEPING
REQUIREMENTS
In consideration of the foregoing,
NHTSA is amending 49 CFR part 588 as
follows:
I 1. The authority citation for part 588
reads as follows:
I
Authority: 49 U.S.C. 322, 30111, 30115,
30117, and 30166; delegation of authority at
49 CFR 1.50.
Records.
Each manufacturer, or manufacturer’s
designee, shall record and maintain
records of the owners of child restraint
systems who have submitted a
registration form. The record shall be in
a form suitable for inspection such as
computer information storage devices or
card files, and shall include the names,
mailing addresses, and if collected,
se-mail addresses of the owners, and the
model name or number and date of
manufacture (month, year) of the
owner’s child restraint systems.
53579
Issued on: August 31, 2005.
Jacqueline Glassman,
Deputy Administrator.
[FR Doc. 05–17844 Filed 9–8–05; 8:45 am]
BILLING CODE 4910–59–P
2. Section 588.5 is revised to read as
follows:
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53580
Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations
Kurkul, at the mailing address specified
above.
FOR FURTHER INFORMATION CONTACT: E.
Martin Jaffe, Fishery Policy Analyst,
phone: (978) 281–9272, fax: (978) 281–
9135.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 050613158-5237-02; I.D.
090105A]
Background
RIN 0648–AT48
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States;
Modification of Emergency Fishery
Closure Due to the Presence of the
Toxin That Causes Paralytic Shellfish
Poisoning
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action; request for comments.
AGENCY:
SUMMARY: At the request of the U.S.
Food and Drug Administration (FDA),
NMFS closed portions of Federal waters
of the Gulf of Maine, Georges Bank, and
southern New England from June 14,
2005, through September 30, 2005, to
the harvest for human consumption of
certain bivalve molluscan shellfish due
to the presence in those waters of the
toxin that causes Paralytic Shellfish
Poisoning (PSP). The FDA has
determined that harvesting for human
consumption of bivalve molluscan
shellfish other than whole and roe-on
scallops from a portion of the closed
area is now safe and may be resumed.
As a result, NMFS is modifying its
previous closure to allow such fishing.
DATES: Effective September 9, 2005
through September 30, 2005. Comments
must be received by October 11, 2005.
ADDRESSES: Comments may be
submitted by any of the following
methods:
• E-mail: PSPClosure2@NOAA.gov.
Include in the subject line the following:
‘‘Comments on Modification of the
Emergency Rule for Area Closure Due to
PSP.’’
• Federal e-Rulemaking Portal: https://
www.regulations.gov.
• Mail: Paper, disk, or CD-ROM
comments should be sent to Patricia A.
Kurkul, Regional Administrator,
National Marine Fisheries Service, One
Blackburn Drive, Gloucester, MA 01930.
Mark the outside of the envelope
‘‘Comments on Modification of the
Emergency Rule for Area Closure Due to
PSP.’’
• Fax: (978) 281–9135.
Copies of the modified emergency
rule are available from Patricia A.
VerDate Aug<18>2005
15:11 Sep 08, 2005
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Toxic algal blooms are responsible for
the marine toxin that causes PSP in
persons consuming affected shellfish.
People have become seriously ill and
some have died from consuming
affected shellfish under similar
circumstances. The scallop adductor
muscle, or ‘‘meat,’’ is unaffected by the
toxin.
On June 10, 2005, the FDA requested
NMFS issue an emergency rule to close
an area of Federal waters to the
harvesting of bivalve molluscan
shellfish intended for human
consumption because of toxic algal
blooms off the coasts of New Hampshire
and Massachusetts. This closure
prohibited harvests of shellfish such as
Atlantic surfclams and ocean quahogs,
as well as scallop viscera. The
emergency rule for the action, in effect
from June 14 through September 30,
2005, was published in the Federal
Register on June 16, 2005 (70 FR 35047).
The emergency rule was modified on
July 7, 2005 (70 FR 39192) to allow for
the collection of biological samples by
commercial fishing vessels issued a
Letter of Authorization signed by the
Regional Administrator.
The action temporarily closed all
Federal waters of the Exclusive
Economic Zone of the northeastern
United States to any bivalve molluscan
shellfish harvesting, except for Atlantic
sea scallops shucked at sea for their
adductor muscles, in the area bound by
the following coordinates in the order
stated: (1) 43°00′ N. lat., 71°00′ W. long.;
(2) 43°00′ N. lat., 69°00′ W. long.; (3)
40°00′ N. lat., 69°00′ W. long.; (4) 40°00′
N. lat., 71°00′ W. long., and then ending
at the first point. Further details of the
original closure may be found in the
June 16, 2005, and the July 7, 2005,
Federal Register rules and are not
repeated here.
As a result of tests conducted by the
FDA in cooperation with NMFS and the
fishing industry, FDA has determined
that PSP toxin levels in a portion of the
closed area (described below) are now
well below those known to cause illness
in humans. With the exception of whole
and roe-on scallops, the FDA has
determined that harvesting of bivalve
molluscan shellfish for human
consumption from the area described is
once again safe.
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As a result of FDA’s findings NMFS
is reopening to shellfish harvest those
waters south of 41°39′ N. lat., west of
69°00′ W. long., north of 40°00′ N. lat.,
and east of 71°00′ W. long. Because
scallop viscera and roe are capable of
retaining PSP toxins longer than other
species of molluscan shellfish, NMFS is
retaining the limitation that scallop
harvesting is only permitted in the area
for the purpose of shucking at sea of the
adductor muscle.
Classification
This action is issued pursuant to
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, 16 U.S.C. 1855(c).
This rule has been determined to be
not significant under Executive Order
12866.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) to waive
prior notice and the opportunity for
public comments for this action, as prior
notice and comment would be
impractical and contrary to the public
interest. The original emergency closure
was in response to a public health
emergency. With certain exceptions,
that emergency no longer exists.
Therefore to continue the closure to the
harvest of shellfish through September
30, 2005, would service no purpose and
be contrary to the public interest. In
addition, because this rule relieves a
restriction by reopening a previously
closed portion of the current closed
area, it is not subject to the 30-day
delayed effectiveness provision of the
APA pursuant to 5 U.S.C. 553(d)(1).
Because a notice of proposed
rulemaking is not required for this rule
by 5 U.S.C. 553 or any other law, the
analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are not applicable.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: September 6, 2005.
James W. Balsiger,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
I
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq.
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09SER1
Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations
2. In § 648.14, paragraph (a)(166) is
suspended and paragraph (a)(170) is
added to read as follows:
I
§ 648.14
Prohibitions.
(a) * * *
(170) Fish for, harvest, catch, possess,
or attempt to fish for, harvest, catch, or
possess any bivalve shellfish, including
Atlantic surfclams, ocean quahogs, and
VerDate Aug<18>2005
15:11 Sep 08, 2005
Jkt 205001
mussels, with the exception of sea
scallops harvested only for adductor
muscles and shucked at sea, or a vessel
issued and possessing on board a Letter
of Authorization (LOA) from the
Regional Administrator authorizing the
collection of shellfish for biological
sampling and operating under the terms
and conditions of said LOA, in the area
of the U.S. Exclusive Economic Zone
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53581
bound by the following coordinates in
the order stated: (1) 43°00′ N. lat., 71°00′
W. long.; (2) 43°00′ N. lat., 69°00′ W.
long.; (3) 41°39′ N. lat., 69°00′ W. long.;
(4) 41°39′ N. lat., 71°00′ W. long., and
then ending at the first point.
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[FR Doc. 05–17986 Filed 9–7–05; 10:44 am]
BILLING CODE 3510–22–S
E:\FR\FM\09SER1.SGM
09SER1
Agencies
[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Rules and Regulations]
[Pages 53579-53581]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17986]
[[Page 53580]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 050613158-5237-02; I.D. 090105A]
RIN 0648-AT48
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Modification
of Emergency Fishery Closure Due to the Presence of the Toxin That
Causes Paralytic Shellfish Poisoning
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action; request for comments.
-----------------------------------------------------------------------
SUMMARY: At the request of the U.S. Food and Drug Administration (FDA),
NMFS closed portions of Federal waters of the Gulf of Maine, Georges
Bank, and southern New England from June 14, 2005, through September
30, 2005, to the harvest for human consumption of certain bivalve
molluscan shellfish due to the presence in those waters of the toxin
that causes Paralytic Shellfish Poisoning (PSP). The FDA has determined
that harvesting for human consumption of bivalve molluscan shellfish
other than whole and roe-on scallops from a portion of the closed area
is now safe and may be resumed. As a result, NMFS is modifying its
previous closure to allow such fishing.
DATES: Effective September 9, 2005 through September 30, 2005. Comments
must be received by October 11, 2005.
ADDRESSES: Comments may be submitted by any of the following methods:
E-mail: PSPClosure2@NOAA.gov. Include in the subject line
the following: ``Comments on Modification of the Emergency Rule for
Area Closure Due to PSP.''
Federal e-Rulemaking Portal: https://www.regulations.gov.
Mail: Paper, disk, or CD-ROM comments should be sent to
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries
Service, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of
the envelope ``Comments on Modification of the Emergency Rule for Area
Closure Due to PSP.''
Fax: (978) 281-9135.
Copies of the modified emergency rule are available from Patricia
A. Kurkul, at the mailing address specified above.
FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, Fishery Policy
Analyst, phone: (978) 281-9272, fax: (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
Toxic algal blooms are responsible for the marine toxin that causes
PSP in persons consuming affected shellfish. People have become
seriously ill and some have died from consuming affected shellfish
under similar circumstances. The scallop adductor muscle, or ``meat,''
is unaffected by the toxin.
On June 10, 2005, the FDA requested NMFS issue an emergency rule to
close an area of Federal waters to the harvesting of bivalve molluscan
shellfish intended for human consumption because of toxic algal blooms
off the coasts of New Hampshire and Massachusetts. This closure
prohibited harvests of shellfish such as Atlantic surfclams and ocean
quahogs, as well as scallop viscera. The emergency rule for the action,
in effect from June 14 through September 30, 2005, was published in the
Federal Register on June 16, 2005 (70 FR 35047). The emergency rule was
modified on July 7, 2005 (70 FR 39192) to allow for the collection of
biological samples by commercial fishing vessels issued a Letter of
Authorization signed by the Regional Administrator.
The action temporarily closed all Federal waters of the Exclusive
Economic Zone of the northeastern United States to any bivalve
molluscan shellfish harvesting, except for Atlantic sea scallops
shucked at sea for their adductor muscles, in the area bound by the
following coordinates in the order stated: (1) 43[deg]00' N. lat.,
71[deg]00' W. long.; (2) 43[deg]00' N. lat., 69[deg]00' W. long.; (3)
40[deg]00' N. lat., 69[deg]00' W. long.; (4) 40[deg]00' N. lat.,
71[deg]00' W. long., and then ending at the first point. Further
details of the original closure may be found in the June 16, 2005, and
the July 7, 2005, Federal Register rules and are not repeated here.
As a result of tests conducted by the FDA in cooperation with NMFS
and the fishing industry, FDA has determined that PSP toxin levels in a
portion of the closed area (described below) are now well below those
known to cause illness in humans. With the exception of whole and roe-
on scallops, the FDA has determined that harvesting of bivalve
molluscan shellfish for human consumption from the area described is
once again safe.
As a result of FDA's findings NMFS is reopening to shellfish
harvest those waters south of 41[deg]39' N. lat., west of 69[deg]00' W.
long., north of 40[deg]00' N. lat., and east of 71[deg]00' W. long.
Because scallop viscera and roe are capable of retaining PSP toxins
longer than other species of molluscan shellfish, NMFS is retaining the
limitation that scallop harvesting is only permitted in the area for
the purpose of shucking at sea of the adductor muscle.
Classification
This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Fishery Conservation and Management Act, 16 U.S.C. 1855(c).
This rule has been determined to be not significant under Executive
Order 12866.
The Assistant Administrator for Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the
opportunity for public comments for this action, as prior notice and
comment would be impractical and contrary to the public interest. The
original emergency closure was in response to a public health
emergency. With certain exceptions, that emergency no longer exists.
Therefore to continue the closure to the harvest of shellfish through
September 30, 2005, would service no purpose and be contrary to the
public interest. In addition, because this rule relieves a restriction
by reopening a previously closed portion of the current closed area, it
is not subject to the 30-day delayed effectiveness provision of the APA
pursuant to 5 U.S.C. 553(d)(1).
Because a notice of proposed rulemaking is not required for this
rule by 5 U.S.C. 553 or any other law, the analytical requirements of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not
applicable.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: September 6, 2005.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 648 is amended as
follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
[[Page 53581]]
0
2. In Sec. 648.14, paragraph (a)(166) is suspended and paragraph
(a)(170) is added to read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(170) Fish for, harvest, catch, possess, or attempt to fish for,
harvest, catch, or possess any bivalve shellfish, including Atlantic
surfclams, ocean quahogs, and mussels, with the exception of sea
scallops harvested only for adductor muscles and shucked at sea, or a
vessel issued and possessing on board a Letter of Authorization (LOA)
from the Regional Administrator authorizing the collection of shellfish
for biological sampling and operating under the terms and conditions of
said LOA, in the area of the U.S. Exclusive Economic Zone bound by the
following coordinates in the order stated: (1) 43[deg]00' N. lat.,
71[deg]00' W. long.; (2) 43[deg]00' N. lat., 69[deg]00' W. long.; (3)
41[deg]39' N. lat., 69[deg]00' W. long.; (4) 41[deg]39' N. lat.,
71[deg]00' W. long., and then ending at the first point.
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[FR Doc. 05-17986 Filed 9-7-05; 10:44 am]
BILLING CODE 3510-22-S