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Federal Register / Vol. 71, No.

128 / Wednesday, July 5, 2006 / Rules and Regulations 38071

(4) After Federal salary offset begins, Federal salary offset without further analysis, findings and conclusions
the debtor may request a reduction in delay. regarding the amount and validity of the
the amount deducted from disposable (b) Good cause for failure to timely debt, and, when appropriate, the
pay each payday. When we determine request review. repayment schedule for Federal salary
that the amount deducted causes (1) If we decide that the debtor has offset. Issuance of these findings will be
financial harm under the rules in good cause for failing to request review the final action on the debtor’s request
§ 422.415(b), (c), and (d) of this chapter, within the applicable period mentioned for review.
we will reduce that amount. in paragraphs (a)(1) and (a)(3) of this (2) If the findings state that an
(e) Refunds. We will promptly refund section, we will treat the request for individual does not owe the debt, or the
to the debtor any amounts collected that review as if we received it within the debt is not overdue, or we do not have
the debtor does not owe. Refunds do not applicable period. the right to collect it, we will not send
bear interest unless required or (2) We will determine good cause information about the debt to consumer
permitted by law or contract. under the rules in § 422.410(b)(1) and or other credit reporting agencies or
■ 5. Section 422.317 is revised to read
(2) of this chapter. refer the debt to the Department of the
(c) Review of the evidence. The review Treasury for administrative offset. If we
as follows:
will cover our records and any evidence had referred the debt to the Department
§ 422.317 Review of the debt. and statements presented by the debtor. of the Treasury for administrative offset,
(a) Notification and presentation of (d) Special rules regarding Federal we will cancel that action. If we had
evidence by the debtor. A debtor who salary offset. informed consumer or credit reporting
receives a notice described in (1) When we use Federal salary offset agencies about the debt, we will inform
§ 422.305(b), § 422.306(b), or to collect a debt owed by an employee them of the findings.
§ 422.310(c) has a right to have a review of the Federal Government, an official (3) If the findings state that the
of the debt and the payment schedule designated in accordance with 5 U.S.C. payment schedule for Federal salary
for Federal salary offset stated in the 5514(a)(2) will conduct the review offset would cause financial hardship,
notice. To exercise this right, the debtor described in this section and will issue we will notify the debtor and the
must notify us and give us evidence that the findings. Department of the Treasury of the new
(2) In addition to the requirements in payment schedule.
he or she does not owe all or part of the
paragraphs (a) and (b) of this section,
debt, or that we do not have the right [FR Doc. E6–10435 Filed 7–3–06; 8:45 am]
the Federal employee must submit the
to collect it, or that the payment
request for review in writing. The BILLING CODE 4191–02–P
schedule for Federal salary offset stated
request must
in the notice would cause financial
(i) Be signed by the employee,
hardship. (ii) Explain with reasonable DEPARTMENT OF HEALTH AND
(1) If the debtor notifies us and specificity the facts and evidence that HUMAN SERVICES
presents evidence within 60 calendar support the employee’s position, and
days from the date of our notice (except (iii) Include the names of any Food and Drug Administration
as provided for Federal salary offset in witnesses.
paragraph (a)(3) of this section), we will (3) In reviewing the payment schedule 21 CFR Part 520
not take the action described in our described in the notice to the Federal
notice unless and until review of all of employee, the reviewing official must Oral Dosage Form New Animal Drugs;
the evidence is complete and we send apply the rules in § 422.415(b), (c), and Ivermectin Liquid
the debtor the findings that all or part (d) of this chapter regarding financial
of the debt is overdue and legally AGENCY: Food and Drug Administration,
hardship. HHS.
enforceable. (4) The reviewing official will review
(2) If the debtor notifies us and ACTION: Final rule.
our records and any documents, written
presents evidence after that 60 calendar- statements, or other evidence submitted SUMMARY: The Food and Drug
day period expires (except as provided by the debtor and issue written findings. Administration (FDA) is amending the
for Federal salary offset in paragraph (5) The reviewing official will animal drug regulations to reflect
(a)(4) of this section) and paragraph (b) complete the review within 60 calendar approval of a supplemental abbreviated
of this section does not apply, the days from the date on which the request new animal drug application (ANADA)
review will occur, but we may take the for review and the debtor’s evidence are filed by Med-Pharmex, Inc. The
actions described in our notice without received. If the reviewing official does supplemental ANADA provides for
further delay. not complete the review within that 60- revisions to labeling for ivermectin
(3) If the debtor notifies us and day period and the debt was referred to liquid, administered by mouth or
presents evidence within 30 calendar the Department of the Treasury for nasogastric tube to horses for treatment
days from the date of our notice, we will Federal salary offset, we will notify the and control of various internal parasites
not refer the debt for Federal salary Department of the Treasury to suspend or parasitic conditions.
offset unless and until review of all of Federal salary offset. Offset will not DATES: This rule is effective July 5,
the evidence is complete and we send begin or resume before we send the 2006.
the debtor the findings that all or part debtor findings that all or part of the
of the debt is overdue and legally debt is overdue and legally enforceable FOR FURTHER INFORMATION CONTACT: John
enforceable and (if appropriate) the or (if appropriate) findings on the K. Harshman, Center for Veterinary
findings on the payment schedule for payment schedule. Medicine (HFV–104), Food and Drug
Federal salary offset. (e) The findings. Administration, 7500 Standish Pl.,
(4) If the debtor notifies us and (1) Following the review described in Rockville, MD 20855, 240–276–9808, e-
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presents evidence after that 30 calendar- paragraphs (c) or (d) of this section, we mail: john.harshman@fda.hhs.gov.
day period expires and paragraph (b) of will send the written findings to the SUPPLEMENTARY INFORMATION: Med-
this section does not apply, the review debtor. The findings will state the Pharmex, Inc., 2727 Thompson Creek
will occur, but we may refer the debt for nature and origin of the debt, the Rd., Pomona, CA 91767–1861, filed a

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38072 Federal Register / Vol. 71, No. 128 / Wednesday, July 5, 2006 / Rules and Regulations

supplement to ANADA 200–292 for DEPARTMENT OF HEALTH AND neither an environmental assessment
IVERSOL (ivermectin) Liquid for Horses HUMAN SERVICES nor an environmental impact statement
for the oral treatment and control of is required.
various species of internal parasites or Food and Drug Administration This rule does not meet the definition
parasitic conditions. The supplement of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
provides for revisions to label 21 CFR Part 520 it is a rule of ‘‘particular applicability.’’
indications and to the food safety Therefore, it is not subject to the
Oral Dosage Form New Animal Drugs; congressional review requirements in 5
warning. The supplemental ANADA is Oxytetracycline Hydrochloride Soluble
approved as of May 30, 2006, and 21 U.S.C. 801–808.
Powder
CFR 520.1195 is amended to reflect the List of Subjects in 21 CFR Part 520
approval. AGENCY: Food and Drug Administration,
HHS. Animal drugs.
Approval of this supplemental ■ Therefore, under the Federal Food,
ACTION: Final rule.
ANADA did not require review of Drug, and Cosmetic Act and under
additional safety or effectiveness data or SUMMARY: The Food and Drug authority delegated to the Commissioner
information. Therefore, a freedom of Administration (FDA) is amending the of Food and Drugs and redelegated to
information summary is not required. animal drug regulations to reflect the Center for Veterinary Medicine, 21
The agency has determined under 21 approval of an abbreviated new animal CFR part 520 is amended as follows:
CFR 25.33(a)(1) that this action is of a drug application (ANADA) filed by
Vétoquinol NA, Inc. The ANADA PART 520—ORAL DOSAGE FORM
type that does not individually or
provides for use of oxytetracycline NEW ANIMAL DRUGS
cumulatively have a significant effect on
soluble powder to prepare medicated
the human environment. Therefore, drinking water for the treatment of ■ 1. The authority citation for 21 CFR
neither an environmental assessment various bacterial diseases of livestock. part 520 continues to read as follows:
nor an environmental impact statement
DATES: This rule is effective July 5, Authority: 21 U.S.C. 360b.
is required. 2006.
This rule does not meet the definition § 520.1660d [Amended]
FOR FURTHER INFORMATION CONTACT:
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because Daniel A. Benz, Center for Veterinary ■ 2. Amend § 520.1660d as follows:
it is a rule of ‘‘particular applicability.’’ Medicine (HFV–104), Food and Drug ■ a. Revise the section heading;
Therefore, it is not subject to the Administration, 7500 Standish Pl., ■ b. In paragraphs (d)(1)(ii)(A)(3),
congressional review requirements in 5 Rockville, MD 20855, 301–827–0223, (d)(1)(ii)(B)(3), (d)(1)(ii)(C)(3), and
U.S.C. 801–808. e-mail: daniel.benz@fda.hhs.gov. (d)(1)(iii)(C), remove ‘‘and 061133’’ and
add in its place ‘‘059320, and 061133’’;
List of Subjects in 21 CFR Part 520 SUPPLEMENTARY INFORMATION:
and
Vétoquinol NA, Inc., 2000 chemin
■ c. Add paragraphs (a)(10) and (b)(8).
Animal drugs. Georges, Lavaltrie (PQ), Canada J5T 3S5,
The revisions read as follows:
filed a supplement to ANADA 200–305
■ Therefore, under the Federal Food,
that provides for use of Oxytetracycline § 520.1660d Oxytetracycline powder.
Drug, and Cosmetic Act and under
HCl Soluble Powder to prepare (a) * * *
authority delegated to the Commissioner
medicated drinking water for the (10) Each 2.73 grams of powder
of Food and Drugs and redelegated to treatment of various bacterial diseases of
the Center for Veterinary Medicine, 21 contains 1 gram of OTC HCl (packets:
livestock. Vétoquinol NA, Inc.’s 9.87 and 19.74 oz; pails: 5 lb).
CFR part 520 is amended as follows: Oxytetracycline HCl Soluble Powder is (b) * * *
approved as a generic copy of (8) No. 059320 for use of OTC
PART 520—ORAL DOSAGE FORM
Alpharma, Inc.’s OXY–TET concentration in paragraph (a)(10) of
NEW ANIMAL DRUGS (oxytetracycline hydrochloride) Soluble this section in chickens, turkeys, and
approved under NADA 130–435. The swine as in paragraph (d) of this section.
■ 1. The authority citation for 21 CFR ANADA is approved as of June 2, 2006,
part 520 continues to read as follows: * * * * *
and the regulations are amended in 21
CFR 520.1660d to reflect the approval. Dated: June 22, 2006.
Authority: 21 U.S.C. 360b.
The basis of approval is discussed in the Stephen F. Sundlof,
§ 520.1195 [Amended] freedom of information summary. Director, Center for Veterinary Medicine.
In accordance with the freedom of [FR Doc. E6–10445 Filed 7–3–06; 8:45 am]
■ 2. In § 520.1195, in paragraph (b)(1) information provisions of 21 CFR part BILLING CODE 4160–01–S
remove ‘‘No. 050604’’ and add in its 20 and 21 CFR 514.11(e)(2)(ii), a
place ‘‘Nos. 050604 and 054925’’; and in summary of safety and effectiveness
paragraph (b)(2) remove ‘‘054925, data and information submitted to DEPARTMENT OF HEALTH AND
058829,’’ and add in its place ‘‘058829’’. support approval of this application HUMAN SERVICES
Dated: June 22, 2006. may be seen in the Division of Dockets
Management (HFA–305), Food and Drug Food and Drug Administration
Steven D. Vaughn,
Administration, 5630 Fishers Lane, rm.
Director, Office of New Animal Drug 21 CFR Part 520
Evaluation, Center for Veterinary Medicine.
1061, Rockville, MD 20852, between 9
a.m. and 4 p.m., Monday through
[FR Doc. E6–10444 Filed 7–3–06; 8:45 am] Oral Dosage Form New Animal Drugs;
Friday.
BILLING CODE 4160–01–S The agency has determined under 21 Griseofulvin
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CFR 25.33(a)(1) that this action is of a AGENCY: Food and Drug Administration,
type that does not individually or HHS.
cumulatively have a significant effect on
ACTION: Final rule.
the human environment. Therefore,

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