Closing of the Port of Noyes, Minnesota, and Extension of the Limits of the Port of Pembina, North Dakota, 33235-33236 [E6-8960]

Download as PDF cprice-sewell on PROD1PC66 with RULES Federal Register / Vol. 71, No. 110 / Thursday, June 8, 2006 / Rules and Regulations responsible for paying the costs of polling twice per hour. (g) General category scallop vessels. (1) A vessel issued a general category scallop permit, except a vessel issued a NE Multispecies permit and a general category scallop permit that is fishing in an approved SAP under § 648.85 under multispecies DAS that has not enrolled in the general category Access Area fishery, may only fish in the Closed Area I, Closed Area II, and Nantucket Lightship Sea Scallop Access Areas specified in § 648.59(b) through (d), subject to the seasonal restrictions specified in § 648.59(b)(4), (c)(4), and (d)(4), and subject to the possession limit specified in § 648.52(a), and provided the vessel complies with the requirements specified in paragraphs (a)(1), (a)(2), (a)(6) through (a)(9), (d), (e), (f), and (g) of this section, and § 648.85(c)(3)(ii). A vessel issued a NE Multispecies permit and a general category scallop permit that is fishing in an approved SAP under § 648.85 under multispecies DAS that has not enrolled in the Sea Scallop Area Access program as specified in paragraph (a)(2) of this section is not subject to the restrictions and requirements specified in § 648.59(b)(5)(ii), (c)(5)(ii), (d)(5)(ii), and this paragraph (g), and is prohibited from retaining scallops on such trips. (2) Gear restrictions. A general category vessel authorized to fish in the Access Areas specified in § 648.59(b) through (d) must fish with dredge gear only. The combined dredge width in use by, or in possession on board, general category scallop vessels fishing in the Access Areas described in § 648.59(b) through (d) may not exceed 10.5 ft (3.2 m), measured at the widest point in the bail of the dredge. (3) Scallop TAC. A general category vessel authorized to fish in the Access Areas specified in § 648.59(b) through (d) may land scallops, subject to the possession limit specified in § 648.52(a), unless the Regional Administrator has issued a notice that the scallop TAC in the Access Area has been or is projected to be harvested. Upon a determination from the Regional Administrator that the scallop TAC for a specified Access Area, as specified in this paragraph (g)(3), has been, or is projected to be harvested, the Regional Administrator shall publish notification of this determination in the Federal Register, in accordance with the Administrative Procedure Act. (i) Closed Area I Access Area. 86,414 (38 mt) in 2007. (ii) Closed Area II Access Area. 346,170 (157 mt) in 2006. VerDate Aug<31>2005 15:35 Jun 07, 2006 Jkt 208001 (iii) Nantucket Lightship Access Area. 230,780 lb (105 mt) in 2006, and 157,454 lb (71 mt) in 2007. (iv) Elephant Trunk Access Area. 544,000 lb (247 mt) from January 1, 2007, through February 29, 2008, unless adjusted as specified in paragraph (a)(3)(i)(E) of this section. (v) Possession Limits—(A) Scallops. A vessel issued a NE Multispecies permit and a general category scallop permit that is fishing in an approved SAP under § 648.85 under multispecies DAS that has not enrolled in the general category Access Area fishery is prohibited from possessing scallops. A general category scallop vessel authorized to fish in the Access Areas specified in § 648.59(b) through (e) may possess scallops up to the possession limit specified in § 648.52(b), subject to a limit on the total number of trips that can be taken by all such vessels into the Access Areas, as specified in § 648.59(b)(5)(ii), (c)(5)(ii), (d)(5)(ii), and (e)(4)(ii). Upon a determination by the Regional Administrator that the total number of trips allowed for general category vessels have been or are projected to be taken, the Regional Administrator shall publish notification of this determination in the Federal Register, in accordance with the Administrative Procedure Act, and general category vessels may no longer fish within the specified Access Area. (B) Other species. Except for vessels issued a general category scallop permit and fishing under an approved NE multispecies SAP under NE multispecies DAS, general category vessels fishing in the Access Areas specified in § 648.59(b) through (d) are prohibited from possessing any species of fish other than scallops. (4) Number of trips. A general category scallop vessel may not fish for, possess, or land scallops in or from the Access Areas specified in § 648.59(b) through (e) after the effective date of the notification published in the Federal Register, stating that the total number of trips specified in § 648.59(b)(5)(ii), (c)(5)(ii), (d)(5)(ii), and (e)(4)(ii) have been, or are projected to be, taken by general category scallop vessels. I 17. In § 648.85, paragraphs (c)(1) introductory text and (c)(3)(ii) are revised to read as follows: § 648.85 Special management programs. * * * * * (c) * * * (1) Yellowtail flounder bycatch TAC allocation. An amount of yellowtail flounder equal to 10 percent of the total yellowtail flounder TAC for each of the stock area specified in paragraphs (c)(1)(i) and (c)(1)(ii) of this section may PO 00000 Frm 00089 Fmt 4700 Sfmt 4700 33235 be harvested by scallop vessels subject to the restrictions of this paragraph. Limited access scallop vessels enrolled in the Sea Scallop Area Access Program and fishing within the Area Access areas defined at § 648.59(b) through (d) may harvest yellowtail flounder up to 9.8 percent of the applicable yellowtail flounder TAC. Scallop vessels participating in approved research under the process described in § 648.56, and fishing in the Access Areas specified in § 648.59(b) through (d), may harvest 0.2 percent of the applicable yellowtail flounder TAC. The amount of yellowtail flounder that may be harvested in each fishing year under this section shall be specified in a small entity compliance guide. * * * * * (3)* * * (ii) If the Regional Administrator determines that the yellowtail flounder bycatch TAC allocation specified under paragraph (c)(1)(i) or (c)(1)(ii) of this section has been, or is projected to be harvested, scallop vessels may not fish within the applicable Access Area for the remainder of the fishing year. The Regional Administrator shall publish notification in the Federal Register, in accordance with the Administrative Procedure Act, to notify vessels that they may no longer fish within the applicable Access Area for the remainder of the fishing year. [FR Doc. 06–5136 Filed 6–7–06; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection 19 CFR Part 101 [CBP Dec. 06–15; USCBP–2005–0001] Closing of the Port of Noyes, Minnesota, and Extension of the Limits of the Port of Pembina, North Dakota Bureau of Customs and Border Protection; Department of Homeland Security. ACTION: Final rule. AGENCY: SUMMARY: This rule amends the Department of Homeland Security regulations pertaining to the field organization of the Bureau of Customs and Border Protection by closing the port of entry of Noyes, Minnesota, and extending the limits of the port of entry of Pembina, North Dakota, to include the rail facilities located at Noyes. The closure and extension are the result of E:\FR\FM\08JNR1.SGM 08JNR1 33236 Federal Register / Vol. 71, No. 110 / Thursday, June 8, 2006 / Rules and Regulations the closure by the Canadian Customs and Revenue Agency of the Port of Emerson, Manitoba, Canada, which is located north of the Port of Noyes, and the close proximity of the Port of Noyes to the Port of Pembina. DATES: Effective July 10, 2006. FOR FURTHER INFORMATION CONTACT: Dennis Dore, Office of Field Operations, 202–344–2776. SUPPLEMENTARY INFORMATION: cprice-sewell on PROD1PC66 with RULES Background On August 12, 2005, the Bureau of Customs and Border Protection (CBP) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register (70 FR 47151) proposing to close the Port of Noyes, Minnesota, and extend the limits of the Port of Pembina, North Dakota, to include the rail facilities located at Noyes. The reason for the proposed rulemaking was that on June 8, 2003, the Canadian Customs and Revenue Agency closed the East Port of Emerson, Manitoba, Canada, which is located north of the Port of Noyes. The factors influencing their decision to close the Port of Emerson included the age of the facility, the close proximity of a port at Emerson West, declining workload, and resource considerations. The Port of Noyes, which is located two miles from the CBP Port of Pembina, processes on average three trucks, 50 vehicles, 154 passengers and three trains per day. CBP did not receive any comments on the NPRM. As part of a continuing program to utilize more efficiently its personnel, facilities, and resources, and to provide better service to carriers, importers, and the public, CBP is closing the Port of Noyes and extending the limits of the Port of Pembina as proposed. CBP is extending the limits of the Port of Pembina to encompass the railroad yard located at Noyes, Minnesota, owned by the Canadian Pacific Railway and the Burlington Northern Santa Fe Railway. The Port of Pembina will assume responsibility for processing trains as they arrive at Noyes. However, other traffic must utilize the border crossing within the City of Pembina and will no longer be processed at Noyes. The office facility at Noyes will continue to be used to support the needs of several Border Patrol agents and Immigration and Customs Enforcement (ICE) agents. Security gates and surveillance cameras have also been installed at the Port of Noyes to ensure continued remote monitoring of that location by the Port of Pembina. VerDate Aug<31>2005 15:35 Jun 07, 2006 Jkt 208001 New Port Limits of the Port of Pembina, North Dakota Accordingly, CBP is amending 19 CFR 101.3(b)(1) to reflect that the new limits of the port of entry of Pembina, North Dakota, are as follows: City of Pembina, North Dakota, and the rail facilities located at Noyes, Minnesota. Authority These changes are being made pursuant to 5 U.S.C. 301 and 19 U.S.C. 2, 66 and 1624, and the Homeland Security Act of 2002, Pub. L. 107–296 (November 25, 2002). Congressional Notification On September 15, 2003, the Commissioner of CBP notified Congress of CBP’s intention to close the Port of Noyes, Minnesota, fulfilling the congressional notification requirements of 19 U.S.C. 2075(g)(2) and section 417 of the Homeland Security Act (6 U.S.C. 217). The Regulatory Flexibility Act and Executive Order 12866 With DHS approval, CBP establishes, expands and consolidates CBP ports of entry throughout the United States to accommodate the volume of CBP-related activity in various parts of the country. This regulatory action will not have a significant economic impact on a substantial number of small entities. Accordingly, it is certified that this document is not subject to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). In addition, DHS and the Office of Management and Budget have determined that this final rule does not constitute a significant regulatory action as defined under Executive Order 12866. Signing Authority The signing authority for this document falls under 19 CFR 0.2(a). Accordingly, the final rule is signed by the Secretary of Homeland Security. List of Subjects in 19 CFR Part 101 Customs ports of entry, Exports, Imports, Organization and functions (Government agencies). Amendment to the Regulations For the reasons set forth above, 19 CFR part 101 is amended as set forth below. I 1. The general authority citation for part 101 continues to read and the specific authority citation for § 101.3 is revised to read as follows: I Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note 3(i), Harmonized Tariff PO 00000 Frm 00090 Fmt 4700 Sfmt 4700 Schedule of the United States), 1623, 1624, 1646a. Sections 101.3 and 101.4 also issued under 19 U.S.C. 1 and 58b; * * * * * § 101.3 [Amended] 2. Amend § 101.3(b)(1) as follows: a. Under the state of Minnesota, remove the entry ‘‘Noyes’’ from the ‘‘Ports of entry’’ column and the corresponding entry ‘‘E.O. 5835, Apr. 13, 1932.’’ from the ‘‘Limits of port’’ column; and I b. Under the state of North Dakota, adjacent to Pembina, add in the ‘‘Limits of port’’ column the citation ‘‘CBP Dec. 06–15’’. I I Dated: June 2, 2006. Michael Chertoff, Secretary. [FR Doc. E6–8960 Filed 6–7–06; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 520 Oral Dosage Form New Animal Drugs; Oxibendazole Paste AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Pfizer, Inc. The supplemental NADA provides for revised food safety labeling for oxibendazole paste administered orally to horses as an antiparasitic. DATES: This rule is effective June 8, 2006. FOR FURTHER INFORMATION CONTACT: Melanie R. Berson, Center for Veterinary Medicine (HFV–110), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301–827–7540, email: melanie.berson@fda.hhs.gov. SUPPLEMENTARY INFORMATION: Pfizer, Inc., 235 East 42d St., New York, NY 10017–5755, filed a supplement to NADA 121–042 for use of ANTHELCIDE EQ (oxibendazole) Paste administered orally to horses as an antiparasitic. The supplemental NADA provides for revised food safety labeling. The supplemental NADA is approved as of April 12, 2006, and the regulations are amended in 21 CFR 520.1638 to reflect the approval. E:\FR\FM\08JNR1.SGM 08JNR1

Agencies

[Federal Register Volume 71, Number 110 (Thursday, June 8, 2006)]
[Rules and Regulations]
[Pages 33235-33236]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8960]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 101

[CBP Dec. 06-15; USCBP-2005-0001]


Closing of the Port of Noyes, Minnesota, and Extension of the 
Limits of the Port of Pembina, North Dakota

AGENCY: Bureau of Customs and Border Protection; Department of Homeland 
Security.

ACTION: Final rule.

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

SUMMARY: This rule amends the Department of Homeland Security 
regulations pertaining to the field organization of the Bureau of 
Customs and Border Protection by closing the port of entry of Noyes, 
Minnesota, and extending the limits of the port of entry of Pembina, 
North Dakota, to include the rail facilities located at Noyes. The 
closure and extension are the result of

[[Page 33236]]

the closure by the Canadian Customs and Revenue Agency of the Port of 
Emerson, Manitoba, Canada, which is located north of the Port of Noyes, 
and the close proximity of the Port of Noyes to the Port of Pembina.

DATES: Effective July 10, 2006.

FOR FURTHER INFORMATION CONTACT: Dennis Dore, Office of Field 
Operations, 202-344-2776.

SUPPLEMENTARY INFORMATION:

Background

    On August 12, 2005, the Bureau of Customs and Border Protection 
(CBP) published a Notice of Proposed Rulemaking (NPRM) in the Federal 
Register (70 FR 47151) proposing to close the Port of Noyes, Minnesota, 
and extend the limits of the Port of Pembina, North Dakota, to include 
the rail facilities located at Noyes. The reason for the proposed 
rulemaking was that on June 8, 2003, the Canadian Customs and Revenue 
Agency closed the East Port of Emerson, Manitoba, Canada, which is 
located north of the Port of Noyes. The factors influencing their 
decision to close the Port of Emerson included the age of the facility, 
the close proximity of a port at Emerson West, declining workload, and 
resource considerations. The Port of Noyes, which is located two miles 
from the CBP Port of Pembina, processes on average three trucks, 50 
vehicles, 154 passengers and three trains per day. CBP did not receive 
any comments on the NPRM.
    As part of a continuing program to utilize more efficiently its 
personnel, facilities, and resources, and to provide better service to 
carriers, importers, and the public, CBP is closing the Port of Noyes 
and extending the limits of the Port of Pembina as proposed. CBP is 
extending the limits of the Port of Pembina to encompass the railroad 
yard located at Noyes, Minnesota, owned by the Canadian Pacific Railway 
and the Burlington Northern Santa Fe Railway. The Port of Pembina will 
assume responsibility for processing trains as they arrive at Noyes. 
However, other traffic must utilize the border crossing within the City 
of Pembina and will no longer be processed at Noyes. The office 
facility at Noyes will continue to be used to support the needs of 
several Border Patrol agents and Immigration and Customs Enforcement 
(ICE) agents. Security gates and surveillance cameras have also been 
installed at the Port of Noyes to ensure continued remote monitoring of 
that location by the Port of Pembina.

New Port Limits of the Port of Pembina, North Dakota

    Accordingly, CBP is amending 19 CFR 101.3(b)(1) to reflect that the 
new limits of the port of entry of Pembina, North Dakota, are as 
follows:
    City of Pembina, North Dakota, and the rail facilities located at 
Noyes, Minnesota.

Authority

    These changes are being made pursuant to 5 U.S.C. 301 and 19 U.S.C. 
2, 66 and 1624, and the Homeland Security Act of 2002, Pub. L. 107-296 
(November 25, 2002).

Congressional Notification

    On September 15, 2003, the Commissioner of CBP notified Congress of 
CBP's intention to close the Port of Noyes, Minnesota, fulfilling the 
congressional notification requirements of 19 U.S.C. 2075(g)(2) and 
section 417 of the Homeland Security Act (6 U.S.C. 217).

The Regulatory Flexibility Act and Executive Order 12866

    With DHS approval, CBP establishes, expands and consolidates CBP 
ports of entry throughout the United States to accommodate the volume 
of CBP-related activity in various parts of the country. This 
regulatory action will not have a significant economic impact on a 
substantial number of small entities. Accordingly, it is certified that 
this document is not subject to the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.).
    In addition, DHS and the Office of Management and Budget have 
determined that this final rule does not constitute a significant 
regulatory action as defined under Executive Order 12866.

Signing Authority

    The signing authority for this document falls under 19 CFR 0.2(a). 
Accordingly, the final rule is signed by the Secretary of Homeland 
Security.

List of Subjects in 19 CFR Part 101

    Customs ports of entry, Exports, Imports, Organization and 
functions (Government agencies).

Amendment to the Regulations

0
For the reasons set forth above, 19 CFR part 101 is amended as set 
forth below.
0
1. The general authority citation for part 101 continues to read and 
the specific authority citation for Sec.  101.3 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note 
3(i), Harmonized Tariff Schedule of the United States), 1623, 1624, 
1646a.

    Sections 101.3 and 101.4 also issued under 19 U.S.C. 1 and 58b;
* * * * *


Sec.  101.3  [Amended]

0
2. Amend Sec.  101.3(b)(1) as follows:
0
a. Under the state of Minnesota, remove the entry ``Noyes'' from the 
``Ports of entry'' column and the corresponding entry ``E.O. 5835, Apr. 
13, 1932.'' from the ``Limits of port'' column; and
0
b. Under the state of North Dakota, adjacent to Pembina, add in the 
``Limits of port'' column the citation ``CBP Dec. 06-15''.

    Dated: June 2, 2006.
Michael Chertoff,
Secretary.
 [FR Doc. E6-8960 Filed 6-7-06; 8:45 am]
BILLING CODE 9111-14-P

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