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Federal Register / Vol. 71, No.

133 / Wednesday, July 12, 2006 / Rules and Regulations 39205

SUMMARY: The Food and Drug Therefore, it is not subject to the Washington, DC 20005–4026; 202–326–
Administration (FDA) is amending the congressional review requirements in 5 4024. (TTY/TDD users may call the
animal drug regulations to reflect U.S.C. 801–808. Federal relay service toll-free at 1–800–
approval of an abbreviated new animal 877–8339 and ask to be connected to
List of Subject in 21 CFR Part 558
drug application (ANADA) filed by Ivy 202–326–4024.)
Laboratories, Div. of Ivy Animal Health, Animal drugs, Animal feeds.
Inc. The ANADA provides for use of DATES: Effective July 12, 2006.
■ Therefore, under the Federal Food,
single-ingredient Type A medicated Drug, and Cosmetic Act and under SUPPLEMENTARY INFORMATION: On
articles containing melengestrol, authority delegated to the Commissioner December 2, 2005, at 70 FR 72205,
lasalocid, and tylosin to make three-way of Food and Drugs and redelegated to PBGC published a final rule modifying
combination drug Type C medicated the Center for Veterinary Medicine, 21 part 4044 of its regulations (Allocation
feeds for heifers fed in confinement for CFR part 558 is amended as follows: of Assets in Single Employer Plans) to
slaughter. update the mortality tables in Appendix
DATES: This rule is effective July 12, PART 558—NEW ANIMAL DRUGS FOR A. Part 4281 (Duties of Plan Sponsor
2006. USE IN ANIMAL FEEDS Following Mass Withdrawal) refers to
FOR FURTHER INFORMATION CONTACT: those mortality tables. Because
■ 1. The authority citation for 21 CFR conforming changes to those references
Daniel A. Benz, Center for Veterinary part 558 continues to read as follows:
Medicine (HFV–104), Food and Drug in part 4281 were inadvertently omitted,
Authority: 21 U.S.C. 360b, 371. those references are no longer accurate.
Administration, 7500 Standish Pl.,
Rockville, MD 20855, 301–827–0223, e- However, the correct references are
§ 558.342 [Amended]
mail: daniel.benz@fda.hhs.gov. obvious.
■ 2. In § 558.342, amend the table in
SUPPLEMENTARY INFORMATION: Ivy The mortality assumptions used for
paragraph (e)(1)(iv) in the ‘‘Sponsor’’
Laboratories, Div. of Ivy Animal Health, valuations under part 4281 mirror the
column by adding in numerical
Inc., 8857 Bond St., Overland Park, KS assumptions in part 4044. The mortality
sequence ‘‘021641’’.
66214, filed ANADA 200–430 for use of assumptions in the two parts were
HEIFERMAX 500 (melengestrol acetate) Dated: June 23, 2006. updated at the same time in a final rule
Liquid Premix, BOVATEC (lasalocid), Stephen F. Sundlof, published in 1993. The preamble to the
and TYLAN (tylosin phosphate) single- Director, Center for Veterinary Medicine. associated proposed rule stated: ‘‘The
ingredient Type A medicated articles to [FR Doc. E6–10878 Filed 7–11–06; 8:45 am] multiemployer regulation will be
make dry and liquid, three-way BILLING CODE 4160–01–S simultaneously amended so that the
combination drug Type C medicated same mortality, loading, and interest
feeds for heifers fed in confinement for assumptions will be employed to
slaughter. Ivy Laboratories’ ANADA PENSION BENEFIT GUARANTY determine the values of benefits under
200–430 is approved as a generic copy CORPORATION multiemployer plans after a mass
of NADA 138–992, sponsored by withdrawal.’’ 58 FR at 5132 (January 19,
Pharmacia and Upjohn Co., a Division 29 CFR Part 4281 1993). Thus, it is clear there was no
of Pfizer, Inc., for combination use of intent to change this correlation when
RIN 1212–AA55
MGA 500 (melengestrol acetate) Liquid the mortality tables in part 4044 were
Premix, BOVATEC, and TYLAN in Duties of Plan Sponsor Following updated in 2005. It is necessary to use
cattle feed. The application is approved Mass Withdrawal the updated mortality tables under part
as of June 1, 2006, and the regulations 4281 in order to avoid inappropriate
are amended in 21 CFR 558.342 to AGENCY: Pension Benefit Guaranty benefit valuations under that part.
reflect the approval. The basis of Corporation. Because this rule conforms part 4281
approval is discussed in freedom of ACTION: Final rule; technical in a way that was obviously intended
information summary. amendment. when part 4044 was amended by the
In accordance with the freedom of final rule published in the Federal
information provisions of 21 CFR part SUMMARY: This document amends part
4281 (Duties of Plan Sponsor Following Register on December 2, 2005, at 70 FR
20 and 21 CFR 514.11(e)(2)(ii), a 72206, PBGC finds good cause to issue
summary of safety and effectiveness Mass Withdrawal) to make technical
changes to conform to amendments this technical amendment without prior
data and information submitted to proposal and opportunity for public
support approval of this application made to part 4044 (Allocation of Assets
in Single-Employer Plans) in a final rule comment and without a 30-day delayed
may be seen in the Division of Dockets effective date.
Management (HFA–305), Food and Drug published in the Federal Register on
Administration, 5630 Fishers Lane, rm. December 2, 2005. That final rule List of Subjects in 29 CFR Part 4281
1061, Rockville, MD 20852, between 9 updated PBGC’s mortality tables used
for certain valuations for single- Employee benefit plans, Pensions.
a.m. and 4 p.m., Monday through
Friday. employer plans. Part 4281, which ■ For the reasons set forth above, PBGC
The agency has determined under 21 provides rules for valuing benefits in amends part 4281 of 29 CFR chapter XL
CFR 25.33(a)(2) that this action is of a multiemployer plans following mass as follows:
type that does not individually or withdrawal, refers to the mortality
cumulatively have a significant effect on tables in part 4044. Technical PART 4281—DUTIES OF PLAN
the human environment. Therefore, amendments are needed to conform the SPONSOR FOLLOWING MASS
neither an environmental assessment references in part 4281 to the changes in WITHDRAWAL
part 4044.
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nor an environmental impact statement


is required. FOR FURTHER INFORMATION CONTACT: John ■ 1. The authority citation for part 4281
This rule does not meet the definition H. Hanley, Director, or James L. Beller, continues to read as follows:
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because Jr., Attorney, Legislative and Regulatory Authority: 29 U.S.C. 1302(b)(3), 1341a,
it is a rule of ‘‘particular applicability.’’ Department, PBGC, 1200 K Street, NW., 1399(c)(1)(D), and 1441.

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39206 Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Rules and Regulations

■ 2. Amend § 4281.14 by revising Issued in Washington, DC, this 6th day of notice and comment rulemaking
paragraphs (c)(1), (c)(2), (d)(1), (d)(2), July, 2006. requirements because these changes
and (e) to read as follows: Vincent K. Snowbarger, involve agency organization and
Acting Executive Director, Pension Benefit practices, and good cause exists for not
§ 4281.14 Mortality assumptions. Guaranty Corporation. publishing an NPRM for all revisions in
* * * * * [FR Doc. E6–10919 Filed 7–11–06; 8:45 am] the rule because they are all non-
(c) Mortality rates for healthy lives. BILLING CODE 7709–01–P substantive changes. This rule consists
* * * only of corrections and editorial,
organizational, and conforming
(1) For male participants, the rates in amendments. These changes will have
DEPARTMENT OF HOMELAND
Table 1 of Appendix A to part 4044 of no substantive effect on the public;
SECURITY
this chapter projected from 1994 to the therefore, it is unnecessary to publish an
calendar year in which the valuation Coast Guard NPRM. Under 5 U.S.C. 553(d)(3), the
date occurs plus 10 years using Scale Coast Guard finds that, for the same
AA from Table 2 of Appendix A to part 33 CFR Parts 1, 64, 72, 81, 89, 100, 101, reasons, good cause exists for making
4044 of this chapter; and 104, 120, 135, 146, 148, 151, 153, 154, this rule effective less than 30 days after
(2) For female participants, the rates 155, 156, 157, 160, 164, and 165 publication in the Federal Register.
in Table 3 of Appendix A to part 4044 [USCG–2006–25150] Background and Purpose
of this chapter projected from 1994 to Each year Title 33 of the Code of
the calendar year in which the valuation RIN 1625–ZA08
Federal Regulations is updated on July
date occurs plus 10 years using Scale 1. This rule, which becomes effective
Navigation and Navigable Waters;
AA from Table 4 of Appendix A part Technical, Organizational, and July 12, 2006, makes other technical and
4044 of this chapter. Conforming Amendments editorial corrections throughout Title
(d) Mortality rates for disabled lives 33. This rule does not create any
(other than Social Security disability). AGENCY: Coast Guard, DHS. substantive requirements.
* * * ACTION: Final rule.
Regulatory Evaluation
(1) For male participants, the lesser SUMMARY: This rule makes non- This rule is not a ‘‘significant
of— substantive changes throughout Title 33 regulatory action’’ under section 3(f) of
(i) The rate determined from Table 1 of the Code of Federal Regulations. The Executive Order 12866, Regulatory
of Appendix A to part 4044 of this purpose of this rule is to make Planning and Review, and does not
chapter projected from 1994 to the conforming amendments and technical require an assessment of potential costs
calendar year in which the valuation corrections to Coast Guard navigation and benefits under section 6(a)(3) of that
date occurs plus 10 years using Scale and navigable water regulations. This Order. The Office of Management and
AA from Table 2 of Appendix A to part rule will have no substantive effect on Budget has not reviewed it under that
4044 of this chapter and setting the the regulated public. Order. It is not ‘‘significant’’ under the
resulting table forward three years, or DATES: This final rule is effective July regulatory policies and procedures of
12, 2006. the Department of Homeland Security
(ii) The rate in Table 5 of Appendix
ADDRESSES: Comments and material (DHS). We expect the economic impact
A to part 4044 of this chapter.
received from the public, as well as of this rule to be so minimal that a full
(2) For female participants, the lesser Regulatory Evaluation under the
documents mentioned in this preamble
of— regulatory policies and procedures of
as being available in the docket, are part
(i) The rate determined from Table 3 of docket USCG–2006–25150 and are DHS is unnecessary. As this rule
of Appendix A to part 4044 of this available for inspection or copying at involves internal agency practices and
chapter projected from 1994 to the the Docket Management Facility, U.S. procedures and non-substantive
calendar year in which the valuation Department of Transportation, room PL– changes, it will not impose any costs on
date occurs plus 10 years using Scale 401, 400 Seventh Street, SW., the public.
AA from Table 4 of Appendix A to part Washington, DC, between 9 a.m. and 5 Small Entities
4044 of this chapter and setting the p.m., Monday through Friday, except
Under the Regulatory Flexibility Act
resulting table forward three years, or Federal holidays. You may also find this
(5 U.S.C. 601–612), we have considered
(ii) The rate in Table 6 of Appendix docket on the Internet at http://
whether this rule would have a
A to part 4044 of this chapter. dms.dot.gov.
significant economic impact on a
(e) Mortality rates for disabled lives FOR FURTHER INFORMATION CONTACT: If substantial number of small entities.
(Social Security disability). The you have questions on this rule, call Mr. The term ‘‘small entities’’ comprises
mortality rates applicable to annuities in Ray Davis, Coast Guard, telephone 202– small businesses, not-for-profit
pay status on the valuation date that are 372–1461. If you have questions on organizations that are independently
being received as disability benefits and viewing the docket, call Ms. Renee V. owned and operated and are not
for which either eligibility for, or receipt Wright, Program Manager, Docket dominant in their fields, and
of, Social Security disability benefits is Operations, telephone 202–493–0402. governmental jurisdictions with
a prerequisite, are— SUPPLEMENTARY INFORMATION: populations of less than 50,000. This
rule does not require a general NPRM
(1) For male participants, the rates in Regulatory History and, therefore, is exempt from the
Table 5 of Appendix A to part 4044 of We did not publish a notice of requirements of the Regulatory
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this chapter; and proposed rulemaking (NPRM) for this Flexibility Act. Although this rule is
(2) For female participants, the rates regulation. Under both 5 U.S.C. exempt, we have reviewed it for
in Table 6 of Appendix A to part 4044 553(b)(A) and (b)(B), the Coast Guard potential economic impact on small
of this chapter. finds that this rule is exempt from entities.

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