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57416 Federal Register / Vol. 71, No.

189 / Friday, September 29, 2006 / Rules and Regulations

§ 404.1560(c)(1)). We also consider the Rockville, MD 20855, 301–827–7571, e- § 522.2630 [Amended]


opinion given by one or more medical mail: joan.gotthardt@fda.hhs.gov. ■ 2. In § 522.2630, in paragraph
or psychological consultants designated SUPPLEMENTARY INFORMATION: Pfizer, (d)(1)(ii), remove ‘‘and Histophilus
by the Commissioner. (See § 404.1616.) Inc., 235 East 42d St., New York, NY somni (Haemophilus somnus)’’ and add
(d) Who is a designated medical or 10017, filed a supplement to NADA in its place ‘‘Histophilus somni
psychological consultant? A medical or 141–244 for DRAXXIN (tulathromycin) (Haemophilus somnus), and
psychological consultant designated by Injectable Solution. The supplemental Mycoplasma bovis’’.
the Commissioner includes any medical NADA provides for the addition of a Dated: September 15, 2006.
or psychological consultant employed pathogen, Mycoplasma bovis, to the
or engaged to make medical judgments Steven D. Vaughn,
indication for use of tulathromycin Director, Office of New Animal Drug
by the Social Security Administration, solution in cattle, by subcutaneous Evaluation, Center for Veterinary Medicine.
the Railroad Retirement Board, or a injection, for the treatment of bovine
State agency authorized to make [FR Doc. E6–15965 Filed 9–28–06; 8:45 am]
respiratory disease. The application is
disability determinations, and includes approved as of August 18, 2006, and the
BILLING CODE 4160–01–S

a medical or psychological expert (as regulations are amended in 21 CFR


defined in § 405.5 of this chapter) in 522.2630 to reflect the approval. The
claims adjudicated under the OCCUPATIONAL SAFETY AND
basis of approval is discussed in the
procedures in part 405 of this chapter. HEALTH REVIEW COMMISSION
freedom of information summary.
A medical consultant must be an
In accordance with the freedom of 29 CFR Part 2400
acceptable medical source identified in
information provisions of 21 CFR part
§ 404.1513(a)(1) or (a)(3) through (a)(5).
20 and 21 CFR 514.11(e)(2)(ii), a Regulations Implementing the Privacy
A psychological consultant used in
summary of safety and effectiveness Act of 1974
cases where there is evidence of a
data and information submitted to
mental impairment must be a qualified AGENCY: Occupational Safety and Health
support approval of this application
psychologist. (See § 404.1616 for Review Commission.
may be seen in the Division of Dockets
limitations on what medical consultants ACTION: Final rule.
Management (HFA–305), Food and Drug
who are not physicians can evaluate and
Administration, 5630 Fishers Lane, rm. SUMMARY: The Occupational Safety and
the qualifications we consider necessary
1061, Rockville, MD 20852, between 9 Health Review Commission (OSHRC) is
for a psychologist to be a consultant.)
a.m. and 4 p.m., Monday through amending its regulations implementing
* * * * * Friday. the Privacy Act of 1974, 5 U.S.C. 552a.
Gregory Zwitch, Under section 512(c)(2)(F)(iii) of the The Privacy Act has been amended
Social Security Regulations Officer. Federal Food, Drug, and Cosmetic Act multiple times since OSHRC first
[FR Doc. E6–16074 Filed 9–28–06; 8:45 am] (21 U.S.C. 360b(c)(2)(F)(iii)), this promulgated its regulations in 1979. The
BILLING CODE 4191–02–P
supplemental approval qualifies for 3 amendments to OSHRC’s regulations at
years of marketing exclusivity beginning 29 CFR Part 2400 will assist the agency
August 18, 2006. in complying with the requirements of
The agency has determined under 21 the Privacy Act.
DEPARTMENT OF HEALTH AND CFR 25.33(a)(1) that this action is of a DATES: Effective September 29, 2006.
HUMAN SERVICES type that does not individually or FOR FURTHER INFORMATION CONTACT: Ron
cumulatively have a significant effect on Bailey, Attorney-Advisor, Office of the
Food and Drug Administration the human environment. Therefore, General Counsel, via telephone at (202)
neither an environmental assessment 606–5410, or via e-mail at
21 CFR Part 522 nor an environmental impact statement rbailey@oshrc.gov.
is required.
Implantation or Injectable Dosage SUPPLEMENTARY INFORMATION: OSHRC
Form New Animal Drugs; This rule does not meet the definition published a notice of proposed
Tulathromycin of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because rulemaking on July 28, 2006, 71 FR
it is a rule of ‘‘particular applicability.’’ 42785, which would revise 29 CFR Part
AGENCY: Food and Drug Administration, Therefore, it is not subject to the 2400. Interested persons were afforded
HHS. congressional review requirements in 5 an opportunity to participate in the
ACTION: Final rule. U.S.C. 801–808. rulemaking process through submission
List of Subjects in 21 CFR Part 522 of written comments on the proposed
SUMMARY: The Food and Drug
rule. OSHRC received no public
Administration (FDA) is amending the Animal drugs. comments. We have reviewed the
animal drug regulations to reflect ■ Therefore, under the Federal Food, proposed rule and now adopt it as the
approval of a supplemental new animal Drug, and Cosmetic Act and under agency’s final rule.
drug application (NADA) filed by Pfizer, authority delegated to the Commissioner OSHRC’s regulations at Part 2400
Inc. The supplemental NADA provides of Food and Drugs and redelegated to implementing the Privacy Act of 1974
for the addition of a pathogen to the the Center for Veterinary Medicine, 21 were first promulgated on January 19,
indication for use of tulathromycin in CFR part 522 is amended as follows: 1979, 44 FR 3968. These regulations had
cattle, by injection, for the treatment of not been revised, except for changes
respiratory disease. PART 522—IMPLANTATION OR made to the office address referenced in
DATES: This rule is effective September INJECTABLE DOSAGE FORM NEW §§ 2400.6 and 2400.7, 58 FR 26065,
sroberts on PROD1PC70 with RULES

29, 2006. ANIMAL DRUGS April 30, 1993. Since 1979, however,
FOR FURTHER INFORMATION CONTACT: Joan the Privacy Act has been amended on
C. Gotthardt, Center for Veterinary ■ 1. The authority citation for 21 CFR numerous occasions. These statutory
Medicine (HFV–130), Food and Drug part 522 continues to read as follows: changes, along with intervening case
Administration, 7500 Standish Pl., Authority: 21 U.S.C. 360b. law, compel OSHRC to amend its

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