Federal Register / Vol. 72, No. 2 / Thursday, January 4, 2007 / Rules and Regulations 291 

Flooding source(s) Location of referenced elevation 

* Elevation 

in feet 

(NGVD) 

+ Elevation 

in feet 

(NAVD) 

# Depth in 

feet above 

ground 

Modified 

Communities affected 

Person County (Unincorporated Areas) 

Maps are available for inspection at the Person County Planning and Zoning Department, 20A Court Street, Roxboro, North Carolina. 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance.’’) 

Dated: December 22, 2006. 

David I. Maurstad, 

Director Mitigation Division, Federal 

Emergency Management Agency, Department 

of Homeland Security. 

[FR Doc. E6–22522 Filed 1–3–06; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 050613158–5262–03; I.D. 

090105A] 

RIN 0648–AT48 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Extension 

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; extension of effective period. 

SUMMARY: This action reinstates a 

temporary final rule published on 

October 18, 2005. The regulations 

contained in the temporary rule, 

emergency action, published on October 

18, 2005, at the request of the U.S. Food 

and Drug Administration (FDA) and that 

were subsequently extended on 

December 28, 2005, and again on June 

30, 2006, expire on December 31, 2006. 

This temporary rule extends the closure 

through June 30, 2007. The FDA has 

determined that current oceanographic 

conditions and alga sampling data 

suggests that the northern section of the 

Temporary Paralytic Shellfish Poison 

(PSP) Closure Area remain closed to the 

harvest of bivalve molluscan shellfish 

and that the southern area remain 

closed to the harvest of whole or roe-on 

scallops. NMFS is publishing the 

regulatory text associated with this 

closure in this temporary emergency 

rule in order to ensure that current 

regulations accurately reflect the 

codified text that has been modified and 

extended numerous times so that the 

public is aware of the regulations being 

extended through June 30, 2007. 

DATES: The amendment to § 648.14 is 

effective from January 1, 2007, to June 

30, 2007. The expiration date of the 

temporary emergency action published 

on June 30, 2006 (71 FR 37505), is 

extended to June 30, 2007. Comments 

must be received by February 5, 2007. 

ADDRESSES: Copies of the small entity 

compliance guide, the emergency rule, 

the environmental assessment, and the 

regulatory impact review prepared for 

the October 18, 2005, reinstatement of 

the September 9, 2005, emergency 

action and subsequent extensions of the 

emergency action, are available from 

Patricia A. Kurkul, Regional 

Administrator, National Marine 

Fisheries Service, One Blackburn Drive, 

Gloucester, MA 01930. These 

documents are also available via the 

internet at http://www.nero.noaa.gov. 

Comments may be submitted by any 

of the following methods: 

• E-mail: PSPclosure2@NOAA.gov. 

Include the subject line the following: 

‘‘Comments on the October Emergency 

Rule for Area closures Due to PSP.’’

• Federal e-Rulemaking Portal: http:// 

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 October PSP closure.’’

• Fax: (978) 281–9135. 

FOR FURTHER INFORMATION CONTACT: 

Brian Hooker, Fishery Policy Analyst, 

phone: (978) 281–9220, fax: (978) 281–

9135. 

SUPPLEMENTARY INFORMATION:

Background 

This emergency closure was 

implemented at the request of the FDA 

after samples of shellfish from the 

inshore and offshore waters off of the 

coasts of New Hampshire and 

Massachusetts tested positive for the 

toxins (saxotoxins) that cause Paralytic 

Shellfish Poisoning (PSP). These toxins 

are produced by the algae Alexandrium 

fundyense that can form blooms 

commonly referred to as red tides. Red 

tide blooms, also known as harmful 

algal blooms (HABs), can produce 

toxins that accumulate in filter-feeding 

shellfish. Shellfish contaminated with 

the toxin, if eaten in large enough 

quantity, can cause illness or death from 

PSP. 

On June 10, 2005, the FDA requested 

that NMFS close an area of Federal 

waters off the coasts of New Hampshire 

and Massachusetts to fishing for bivalve 

shellfish intended for human 

consumption. On June 16, 2005, NMFS 

published an emergency rule (70 FR 

35047) closing the area recommended 

by the FDA, i.e., the Temporary PSP 

Closure Area, through September 30, 

2005. On July 7, 2005 (70 FR 39192), the 

emergency rule was modified to 

facilitate the testing of shellfish for the 

toxin that causes PSP by the FDA and/ 

or FDA-approved laboratories through 

the issuance of a Letter of Authorization 

(LOA) from the Regional Administrator. 

On September 9, 2005 (70 FR 53580), 

the emergency regulation was once 

again modified by the division of the 

Temporary PSP Closure Area into 

northern and southern components. The 

northern area remained closed to the 

harvest of all bivalve molluscan 

shellfish while the southern component 

was reopened to the harvest of Atlantic 

surfclams and ocean quahogs but 

remained closed to the harvest of whole 

or roe-on scallops. The rule was 

extended as published on September 9, 

2005, on October 3, 2005 (70 FR 57517), 

reinstated on October 18, 2005 (70 FR 

60450) to correct a technical error, 

extended on December 28, 2005 (70 FR 

76713), and subsequently on June 30, 

2006 (71 FR 37505), through December 


pwalker on PROD1PC65 with RULES
292 Federal Register / Vol. 72, No. 2 / Thursday, January 4, 2007 / Rules and Regulations 

31, 2006. On December 27, 2006, the 

FDA indicated that they could not 

support the re-opening of the 

Temporary PSP Closure Area due to 

insufficient analytical data from the 

area. 

The boundaries of the northern 

component of the temporary closure 

area comprise Federal waters 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. Under this emergency 

rule this area would remain closed to 

the harvest of Atlantic surfclams, ocean 

quahogs, and whole or roe-on scallops. 

The boundaries of the southern 

component of the temporary closure 

area comprise Federal waters bound by 

the following coordinates in the order 

stated: (1) 41°39′ N. lat., 71°00′ W. long.; 

(2) 41°39′ 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. Under this temporary 

emergency rule, this southern 

component of the area would remain 

closed only to the harvest of whole or 

roe-on scallops. 

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) (MagnusonStevens Act). The original emergency 

closure was in response to a public 

health emergency. Pursuant to section 

305(c)(3)(C) of the Magnuson-Stevens 

Act, the closure to the harvest of 

shellfish, as modified on September 9, 

2005, and re-instated on October 18, 

2005, may remain in effect until the 

circumstances that created the 

emergency no longer exist, provided the 

public has had an opportunity to 

comment after the regulation was 

published, and, in the case of a public 

health emergency, the Secretary of 

Health and Human Services concurs 

with the Commerce Secretary’s action. 

During the initial comment period, 

June 16, 2005, through August 1, 2005, 

no comments were received. One 

comment was received after the reopening of the southern component of 

the Temporary PSP Closure Area on 

September 9, 2005. The commenter 

expressed reluctance to re-opening a 

portion of the closure area without 

seeing the results of the FDA tests. Data 

used to make determinations regarding 

closing and opening of areas to certain 

types of fishing activity are collected 

from Federal, state, and private 

laboratories. NOAA maintains a Red 

Tide Information Center (http:// 

www.cop.noaa.gov/news/fs/ 

ne_hab_200605.html) which can be 

accessed directly or through the Web 

site listed in the ADDRESSES section. 

Information on test results, modeling of 

algal bloom movement, and general 

background on red tide can be accessed 

through this information center. While 

NMFS is the agency with the authority 

to promulgate the emergency 

regulations, it modified the regulations 

on September 9, 2005, at the request of 

the FDA, after the FDA has determined 

that the results of its tests warranted 

such action. If necessary, the regulations 

may be terminated at an earlier date, 

pursuant to section 305(c)(3)(D) of the 

Magnuson-Stevens Act, by publication 

in the Federal Register of a notice of 

termination, or extended further to 

ensure the safety of human health. 

The rule, as last published on 

October 18, 2005, was determined to be 

not significant for the purposes of 

Executive Order 12866. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: December 28, 2006. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

For the reasons set out in the 

preamble, 50 CFR part 648 is amended 

to read as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. In § 648.14, paragraphs (a)(170) and 

(a)(171) are added to read as follows: 

§ 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° 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. 

(171) Fish for, harvest, catch, possess, 

or attempt to fish for, harvest, catch, or 

possess any sea scallops except for 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 

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) 41° 39′ N. lat., 71° 

00′ W. long.; (2) 41° 39′ 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. 

* * * * * 

[FR Doc. 06–9975 Filed 1–3–07; 8:45 am] 

BILLING CODE 3510–22–P 


pwalker on PROD1PC65 with RULES