38340 Federal Register / Vol. 73, No. 130 / Monday, July 7, 2008 / Rules and Regulations 

requirements of S6(a) need not be met 

for vehicles manufactured before 

October 1, 2008. The standard’s pull-toclose switch operability requirements of 

S6(c) need not be met for vehicles 

manufactured before October 1, 2010. 

* * * * * 

S6. * * * 

* * * * * 

(c) Any actuation device for closing a 

power-operated window must operate 

by pulling away from the surface in the 

vehicle on which the device is mounted. 

An actuation device for closing a poweroperated window must operate only 

when pulled vertically up (if mounted 

on the top of a horizontal surface), or 

out (if mounted on a vertical surface), or 

down (if mounted on the underside of 

an overhead surface), or in a direction 

perpendicular to the surrounding 

surface if mounted in a sloped 

orientation, in order to cause the 

window to move in the closing 

direction. 

* * * * * 

Issued: July 1, 2008. 

Nicole R. Nason, 

Administrator. 

[FR Doc. E8–15310 Filed 7–3–08; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No 080630803–8805–01] 

RIN 0648–AW99 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Expansion 

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; expansion of effective area; 

request for comments. 

SUMMARY: This action expands an area 

currently closed to the harvest of 

bivalve shellfish, except for sea scallop 

adductor muscles harvested and 

shucked at sea, identified in a 

temporary final rule initially published 

on October 18, 2005. The regulations 

contained in the temporary rule, 

emergency action, published on October 

18, 2005, and subsequently extended 

several times at the request of the U.S. 

Food and Drug Administration (FDA), 

were effective through December 31, 

2008. This temporary rule supersedes 

the previous rule. This rule will expire 

on December 29, 2008. This temporary 

rule expands the closure area of Federal 

waters previously closed since the 

original emergency closure. The FDA 

has determined that current 

oceanographic conditions and alga 

sampling data warrant expanding the 

Northern Temporary Paralytic Shellfish 

Poison (PSP) Closure Area to encompass 

the current closure area and an adjacent 

area in the Federal waters southeast of 

Massachusetts around Nantucket Island 

and eastward to the George’s Bank PSP 

Closure Area. This expanded area is 

closed to the harvest of bivalve 

molluscan shellfish, except for sea 

scallop adductor muscles harvested and 

shucked at sea. The remaining segment 

of the Southern Temporary PSP Closure 

Area continues to be closed to the 

harvest of whole or roe-on scallops only. 

DATES: Effective from July 2, 2008 to 

December 29, 2008. Comments must be 

received by August 6, 2008. 

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/ 

nero/hotnews/redtide/index.html. 

You may submit comments, identified 

by RIN 0468–AW99, by any one of the 

following methods: 

• Mail: Patricia A. Kurkul, Regional 

Administrator, Northeast Region, 

NMFS, One Blackburn Drive, 

Gloucester, MA 01930–2298. Mark on 

the outside of the envelope, ‘‘Comments 

on PSP Closure.’’

• Fax: (978) 281–9135. 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments. Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Edward Stern, Fishery Management 

Specialist, phone: (978) 281–9177, fax: 

(978) 281–9135. 

SUPPLEMENTARY INFORMATION: 

Background 

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 by 

incorporating a provision that allowed 

for the issuance of a Letter of 

Authorization (LOA) from the NMFS 

Regional Administrator. On September 

9, 2005 (70 FR 53580), the emergency 

regulation was once again modified by 

a provision that divided the Temporary 

PSP Closure Area into northern and 

southern components. The Northern 

Temporary PSP Closure Area remained 

closed to the harvest of all bivalve 

molluscan shellfish, while the Southern 

Temporary PSP Closure Area was 

reopened to the harvest of Atlantic 

surfclams, ocean quahogs, and sea 

scallop adductor muscles harvested and 

shucked at sea. 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); January 4, 2007 (72 

FR 291); June 27, 2007 (72 FR 35200); 

and December 31, 2007 (72 FR 74207). 

On May 18, 2007, the FDA indicated 

that it could not support the re-opening 

of the Northern Temporary PSP Closure 

Area due to insufficient analytical data 

from the area, and recommended the 

area remain closed indefinitely. 

Provisions Implemented under this 

Emergency Rule 

On June 25, 2008, NMFS received a 

request from the FDA to revise and 

expand the Northern Temporary PSP 

Closure Area after samples of shellfish 


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Federal Register / Vol. 73, No. 130 / Monday, July 7, 2008 / Rules and Regulations 38341 

from the inshore and offshore waters off 

of the coast of Massachusetts tested 

positive for the toxins (saxotoxins) that 

cause PSP. These toxins are produced 

by the alga Alexandrium fundyense, 

which can form blooms commonly 

referred to as red tides. 

Oceanographic conditions and alga 

sampling data warrant revising and 

expanding the Northern Temporary PSP 

Closure Area to encompass the current 

closure area and an adjacent area in the 

Federal waters southeast of 

Massachusetts around Nantucket Island, 

and eastward to the George’s Bank PSP 

Closure Area. 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. 

Based on the information provided by 

the FDA, the National Marine Fisheries 

Service implements this emergency rule 

to revise and expand the Northern 

Temporary PSP Closure Area to include 

Federal waters southeast of 

Massachusetts surrounding Nantucket 

Island, and eastward to the current 

Georges Bank PSP Closure Area, bound 

by the coordinates specified in Table 1, 

below. The boundaries of the original 

Northern Temporary PSP Closure area 

and the December 31, 2008 expiration 

date for this area, which was established 

in the emergency rule published on 

December 31, 2007 (72 FR 74207), is 

superseded by this emergency rule. The 

revised and expanded Northern 

Temporary PSP Closure Area is closed 

to the harvest of Atlantic surfclams, 

ocean quahogs, and whole or roe-on 

scallops until December 29, 2008. 

TABLE 1: COORDINATES FOR THE EXPANDED NORTHERN TEMPORARY

PSP CLOSURE AREA. 

Point Latitude Longitude 

1 43°00′N 71° 00′ W 

2 43°00′N 69° 00′ W 

3 41°00′N 69° 00′ W 

4 41°00′N 70° 30′ W 

5 41°39′N 70° 30′ W 

6 41°39′N 71° 00′ W 

7 43°00′N 71° 00′ W 

The remaining section of the Southern 

Temporary PSP Closure Area remains 

open to the harvest of bivalve molluscan 

shellfish, except for whole or roe-on 

scallops. The boundaries of the 

Southern Temporary PSP Closure Area 

comprise Federal waters bound by the 

coordinates specified in Table 2, below. 

Under this emergency rule, the 

remaining segment of the Southern 

Temporary PSP Closure Area remains 

closed only to the harvest of whole or 

roe-on scallops. 

TABLE 2: COORDINATES FOR THE

SOUTHERN TEMPORARY PSP CLOSURE AREA

Point Latitude Longitude 

1 41°39′N 71° 00′ W 

2 41°39′N 70° 30′ W 

3 41°00′N 70° 30′ W 

4 41°00′N 69° 00′ W 

5 40°00′N 69° 00′ W 

6 40°00′N 71° 00′ W 

7 41°39′N 71° 00′ W 

Classification 

This action is issued pursuant to 

section 305(c) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), 16 U.S.C. 

1855(c). Pursuant to section 5 U.S.C. 

553(b)(B) of the Administrative 

Procedure Act, the Assistant 

Administrator for Fisheries finds there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action as notice and comment 

would be impracticable and contrary to 

the public interest due to a public 

health emergency. Without the 

immediate implementation of this 

emergency rule, the public health would 

be in danger of illness or death from 

contaminated shellfish harvested in the 

revised and expanded Northern 

Temporary PSP Closure Area. In 

addition, under section 553(d)(3) there 

is good cause to waive the 30-day delay 

in effectiveness due to a public health 

emergency. Toxic algal blooms are 

responsible for the marine toxin that 

causes PSP in persons consuming 

affected shellfish. In the past, people 

have become seriously ill and some 

have died from consuming 

contaminated shellfish. It is necessary to 

waive the 30-day delay in effectiveness 

to prevent the harvest of contaminated 

shellfish to ensure the protection of 

public health. This emergency rule will 

expire December 29, 2008, prompting a 

review of the closure by NMFS and 

FDA. Pursuant to section 305(c)(3)(C) of 

the Magnuson-Stevens Act, this 

emergency action may remain effective 

through subsequent renewal and 

publication in the Federal Register 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 this case of a public 

health emergency, the Secretary of 

Health and Human Services concurs 

with the Commerce Secretary’s action. 

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/ 

nelhabl200605.html), which can be 

accessed directly or through the website 

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 determined that 

the results of its tests warranted such 

action. This modification is also at the 

request of the FDA. 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. 

Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule under 5 U.S.C. 553 or 

by any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. 

This rule is not significant for the 

purposes of Executive Order 12866. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: July 1, 2008. 

James W. Balsiger, 

Acting Assistant Administrator For Fisheries, 

National Marine Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 648 is amended 

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 suspended and paragraphs 

(a)(181) and (a)(182) are added to read 

as follows: 

§ 648.14 Prohibitions. 

(a) * * * 

(181) 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 


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38342 Federal Register / Vol. 73, No. 130 / Monday, July 7, 2008 / Rules and Regulations 

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: 

(i) 43°00′N. lat., 71°00′W. long.; 

(ii) 43°00′N. lat., 69°00′W. long.; 

(iii) 41°00′N. lat., 69°00′W. long.; 

(iv) 41°00′N. lat., 70°30′W. long.; 

(v) 41°39′N. lat., 70°30′W. long.; 

(vi) 41°39′N. lat., 71°00′W. long.; and 

then ending at the first point. 

(182) 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: 

(i) 41°39′N. lat., 71°00′W. long.; 

(ii) 41°39′N. lat., 70°30′W. long.; 

(iii) 41°00′N. lat., 70°30′W. long.; 

(iv) 41°00′N. lat., 69°00′W. long.; 

(v) 40°00′N. lat., 69°00′W. long.; 

(vi) 40°00′N. lat., 71°00′W. long.; and 

then ending at the first point. 

* * * * * 

[FR Doc. 08–1412 Filed 7–2–08; 8:46 am] 

BILLING CODE 3510–22–S 


pwalker on PROD1PC71 with RULES