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73136 Federal Register / Vol. 70, No.

236 / Friday, December 9, 2005 / Rules and Regulations

jurisdiction in which the complaint has Executive Order 12866, as Amended by of the Social Security Act, summonses
been filed. Paragraph (a) further Executive Order 13258 and complaints to be served by mail on
provides that the names, addresses, and We have consulted with the Office of the Social Security Administration or
jurisdictional responsibilities of the Management and Budget (OMB) and the Commissioner of Social Security
various OGC offices will be published in determined that these proposed should be sent to the office in the Social
the Federal Register and made available regulations do not meet the criteria for Security Administration’s Office of the
on-line at SSA’s Internet site, http:// a significant regulatory action under General Counsel that is responsible for
www.socialsecurity.gov. The current Executive Order (E.O.) 12866, as the processing and handling of litigation
procedures for service of complaints amended by E.O. 13258. Thus, they in the particular jurisdiction in which
and summonses in cases that do not were not subject to OMB review. We the complaint has been filed. The
involve judicial review of individual names, addresses, and jurisdictional
have also determined that these rules
benefit claims arising under titles II, responsibilities of these offices are
meet the plain language requirement of
VIII, and/or XVI of the Act are published in the Federal Register, and
Executive Order 12866, as amended by
unaffected by this change, and are set are available on-line at the Social
Executive Order 13258.
forth in a new paragraph (b). Security Administration’s Internet site,
Since complaints and summonses in Regulatory Flexibility Act http://www.socialsecurity.gov.
cases falling within the purview of We certify that these final regulations (b) Other suits. In cases that do not
§ 423.1 are appropriately served upon involve claims described in paragraph
will not have a significant economic
the Commissioner, we have also (a) of this section, summonses and
impact on a substantial number of small
removed from that section the current complaints to be served by mail on the
entities under the criteria of the
reference to service upon ‘‘other Social Security Administration or the
Regulatory Flexibility Act, as amended,
employees of the Social Security Commissioner of Social Security should
5 U.S.C. 601 et seq., as they affect only
Administration in their official be sent to the General Counsel, Social
individuals. Therefore, a regulatory
capacities.’’ Security Administration, Room 617,
flexibility analysis as provided in the
Regulatory Procedures Regulatory Flexibility Act, as amended, Altmeyer Building, 6401 Security
is not required. Boulevard, Baltimore, MD 21235.
Pursuant to section 702(a)(5) of the
Social Security Act, 42 U.S.C. 902(a)(5), Paperwork Reduction Act [FR Doc. 05–23836 Filed 12–8–05; 8:45 am]
as amended by section 102 of Public BILLING CODE 4191–02–P
Law 103–296, SSA follows the These final regulations impose no
Administrative Procedure Act (APA) additional information collection
rulemaking procedures specified in 5 requirements requiring OMB clearance
DEPARTMENT OF HEALTH AND
U.S.C. 553 in the development of its under the Paperwork Reduction Act of
HUMAN SERVICES
regulations. The APA provides 1995, 44 U.S.C. 3501, et seq.
exceptions to its notice and public (Catalog of Federal Domestic Assistance Food and Drug Administration
comment procedures when an agency Program Nos. 96.001, Social Security—
finds there is good cause for dispensing Disability Insurance; 96.002, Social 21 CFR Part 520
with such procedures on the basis that Security—Retirement Insurance; 96.004,
Social Security—Survivors Insurance; Oral Dosage Form New Animal Drugs;
they are impracticable, unnecessary, or
96.006, Supplemental Security Income) Sulfadimethoxine Soluble Powder
contrary to the public interest.
In the case of these final rules, we List of Subjects in 20 CFR Part 423 AGENCY: Food and Drug Administration,
have determined that, under 5 U.S.C.
Courts. HHS.
553(b)(B), good cause exists for
dispensing with the notice and public Dated: December 5, 2005. ACTION: Final rule.
comment procedures. Good cause exists Jo Anne B. Barnhart,
SUMMARY: The Food and Drug
because these regulations merely Commissioner of Social Security. Administration (FDA) is amending the
conform our rules on service of process animal drug regulations to reflect
■ For the reasons set forth in the
to our internal distribution of approval of an abbreviated new animal
preamble, we are amending part 423 of
responsibility for the handling and drug application (ANADA) filed by
title 20 of the Code of Federal
processing of litigation, contain no Cross Vetpharm Group Ltd. The
Regulations as follows:
substantive changes in policy or ANADA provides for the oral use of
interpretation, and have no significant PART 423—SERVICE OF PROCESS sulfadimethoxine soluble powder to
effect upon claimants for benefits or create a solution administered as a
payments under the programs we ■ 1. The authority citation for part 423
drench to cattle or in the drinking water
administer and no significant effect continues to read as follows:
of chickens, turkeys, or cattle for the
upon the public. In addition, these rules Authority: Secs. 701 and 702(a)(5) of the treatment of coccidiosis or various
provide only rules of practice and Social Security Act (42 U.S.C. 901 and bacterial diseases.
procedure which do not require public 902(a)(5)).
DATES: This rule is effective December 9,
comment procedures. Therefore, ■ 2. Section 423.1 is revised to read as 2005.
opportunity for prior comment is follows:
unnecessary, and we are issuing these FOR FURTHER INFORMATION CONTACT: John
regulations as final rules. § 423.1 Suits against the Social Security K. Harshman, Center for Veterinary
In addition, we find good cause for Administration and its employees in their Medicine (HFV–104), Food and Drug
dispensing with the 30-day delay in the official capacities. Administration, 7500 Standish Pl.,
effective date of a substantive rule (a) Suits involving claims arising Rockville, MD 20855, 240–276–9808, e-
provided by 5 U.S.C. 553(d). For the under Titles II, VIII, and/or XVI. In cases mail: john.harshman@fda.gov.
reasons cited above, we find that it is in seeking judicial review of final Agency SUPPLEMENTARY INFORMATION: Cross
the public interest to make this final decisions on individual claims for Vetpharm Group Ltd., Broomhill Rd.,
rule effective on the date of publication. benefits under titles II, VIII, and/or XVI Tallaght, Dublin 24, Ireland, filed

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Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Rules and Regulations 73137

ANADA 200–376 that provides for use (2) For soluble powder, each 107 CONOFITE Lotion 1% and Spray 1%,
of SULFAMED–G (sulfadimethoxine) grams contain the equivalent of 94.6 approved under NADA 95–184. The
Soluble Powder to create a solution grams of sulfadimethoxine (as the ANADA is approved as of November 14,
administered as a drench to cattle or in sodium salt); see Nos. 000069, 051259, 2005, and 21 CFR 524.1443 is amended
the drinking water of chickens, turkeys, 057561, 059130, and 061623 in to reflect the approval. The basis of
or cattle for the treatment of coccidiosis § 510.600(c) of this chapter. approval is discussed in the freedom of
or various bacterial diseases. Cross (b) Special considerations. Federal information summary.
Vetpharm Group Ltd.’s SULFAMED–G law prohibits the extralabel use of this
Soluble Powder is approved as a generic product in lactating dairy cattle. In accordance with the freedom of
copy of Pfizer, Inc.’s ALBON information provisions of 21 CFR part
* * * * *
(sulfadimethoxine) Soluble Powder, 20 and 21 CFR 514.11(e)(2)(ii), a
(d) * * *
approved under NADA 46–285. The (3) * * * summary of safety and effectiveness
ANADA is approved as of November 14, (iii) * * * A withdrawal period has data and information submitted to
2005, and the regulations are amended not been established for this product in support approval of this application
in 21 CFR 520.2220a to reflect the preruminating calves. Do not use in may be seen in the Division of Dockets
approval. The basis of approval is calves to be processed for veal. Management (HFA–305), Food and Drug
discussed in the freedom of information Administration, 5630 Fishers Lane, rm.
Dated: November 30, 2005.
summary. 1061, Rockville, MD 20852, between 9
Stephen F. Sundlof,
In accordance with the freedom of a.m. and 4 p.m., Monday through
Director, Center for Veterinary Medicine.
information provisions of 21 CFR part Friday.
20 and 21 CFR 514.11(e)(2)(ii), a [FR Doc. 05–23813 Filed 12–8–05; 8:45 am]
FDA has determined under 21 CFR
summary of safety and effectiveness BILLING CODE 4160–01–S
25.33(a)(1) that this action is of a type
data and information submitted to that does not individually or
support approval of this application cumulatively have a significant effect on
may be seen in the Division of Dockets DEPARTMENT OF HEALTH AND
HUMAN SERVICES the human environment. Therefore,
Management (HFA–305), Food and Drug
neither an environmental assessment
Administration, 5630 Fishers Lane, rm. Food and Drug Administration nor an environmental impact statement
1061, Rockville, MD 20852, between 9
a.m. and 4 p.m., Monday through is required.
21 CFR Part 524
Friday. This rule does not meet the definition
FDA has determined under 21 CFR Ophthalmic and Topical Dosage Form of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
25.33(a)(1) that this action is of a type New Animal Drugs; Miconazole Nitrate it is a rule of ‘‘particular applicability.’’
that does not individually or Cream; Miconazole Nitrate Lotion; Therefore, it is not subject to the
cumulatively have a significant effect on Miconazole Nitrate Spray congressional review requirements in 5
the human environment. Therefore, U.S.C. 801–808.
neither an environmental assessment AGENCY: Food and Drug Administration,
nor an environmental impact statement HHS. List of Subjects in 21 CFR Part 524
is required. ACTION: Final rule.
Animal drugs.
This rule does not meet the definition
SUMMARY: The Food and Drug ■ Therefore, under the Federal Food,
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
Administration (FDA) is amending the Drug, and Cosmetic Act and under
it is a rule of ‘‘particular applicability.’’
animal drug regulations to reflect authority delegated to the Commissioner
Therefore, it is not subject to the
approval of an abbreviated new animal of Food and Drugs and redelegated to
congressional review requirements in 5
drug application (ANADA) filed by First the Center for Veterinary Medicine, 21
U.S.C. 801–808.
Priority, Inc. The ANADA provides for
CFR part 524 is amended as follows:
List of Subject in 21 CFR Part 520 topical use of miconazole nitrate as a
Animal drugs. spray or lotion on dogs and cats for the PART 524—OPHTHALMIC AND
treatment of certain fungal infections. TOPICAL DOSAGE FORM NEW
■ Therefore, under the Federal Food,
DATES: This rule is effective December 9, ANIMAL DRUGS
Drug, and Cosmetic Act and under
2005.
authority delegated to the Commissioner
of Food and Drugs and redelegated to FOR FURTHER INFORMATION CONTACT: ■ 1. The authority citation for 21 CFR
the Center for Veterinary Medicine, 21 Linda M. Wilmot, Center for Veterinary part 524 continues to read as follows:
CFR part 520 is amended as follows: Medicine (HFV–104), Food and Drug
Administration, 7500 Standish Pl., Authority: 21 U.S.C. 360b.
PART 520—ORAL DOSAGE FORM Rockville, MD 20855, 301–827–1069, e- § 524.1443 [Amended]
NEW ANIMAL DRUGS mail: linda.wilmot@fda.gov.
SUPPLEMENTARY INFORMATION: First ■ 2. Section 524.1443 is amended in
■ 1. The authority citation for 21 CFR Priority, Inc., 1585 Todd Farm Dr., paragraph (b) by removing ‘‘No.
part 520 continues to read as follows: Elgin, IL 60123, filed ANADA 200–362 051259’’ and by adding in its place
Authority: 21 U.S.C. 360b. for PRICONAZOLE (miconazole nitrate) ‘‘Nos. 051259 and 058829’’.
■ 2. Section 520.2220a is amended by Lotion 1% and PRICONAZOLE Dated: November 30, 2005.
revising paragraphs (a)(2) and (b); and (miconazole nitrate) Spray 1% for
Stephen F. Sundlof,
by adding two sentences at the end of topical use on dogs and cats for the
treatment of certain fungal infections. Director, Center for Veterinary Medicine.
paragraph (d)(3)(iii) to read as follows:
First Priority’s PRICONAZOLE Lotion [FR Doc. 05–23811 Filed 12–8–05; 8:45 am]
§ 520.2220a Sulfadimethoxine oral 1% and PRICONAZOLE Spray 1% are BILLING CODE 4160–01–S
solution and soluble powder. approved as generic copies of Schering-
(a) * * * Plough Animal Health Corp.’s

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