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Federal Register / Vol. 70, No.

170 / Friday, September 2, 2005 / Rules and Regulations 52291

Litchfield, IL, Litchfield Muni, GPS RWY 9, Westhampton Beach, NY, Francis S. transferred ownership of, and all rights
Orig-A, CANCELLED Gabreski, RNAV (GPS) RWY 6, Amdt 1 and interest in, NADA 125–933 for
Litchfield, IL, Litchfield Muni, Takeoff Charlotte, NC, Charlotte/Douglas Intl, VOR ROMET–30 (sulfadimethoxine/
Minimums and Textual DP, Amdt 3 RWY 36L, Amdt 5, CANCELLED
Macomb, IL, Macomb Muni, RNAV (GPS)
ormetoprim) Type A medicated article
Austin, TX, Austin-Bergstrom Intl, ILS OR
RWY 9, Orig LOC RWY 35L, Amdt 3
to Pharmaq AS, Skogmo
Macomb, IL, Macomb Muni, RNAV (GPS) Lubbock, TX, Lubbock Preston Smith Intl, Industriomrade, N–7863 Overhalla,
RWY 27, Orig ILS OR LOC RWY 26, Amdt 3 Norway. Accordingly, the agency is
Macomb, IL, Macomb Muni, LOC RWY 27, Stephenville, TX, Clark Field Muni, RNAV amending the regulations in 21 CFR
Amdt 3 (GPS) RWY 14, Orig 558.575 to reflect the transfer of
Macomb, IL, Macomb Muni, NDB RWY 27, Stephenville, TX, Clark Field Muni, RNAV ownership.
Amdt 3 (GPS) RWY 32, Orig In addition, Pharmaq AS has not been
Macomb, IL, Macomb Muni, VOR/DME-A, Stephenville, TX, Clark Field Muni, VOR/
Amdt 8
previously listed in the animal drug
DME-A, Amdt 1 regulations as a sponsor of an approved
Springfield, IL, Abraham Lincoln Capital, Stephenville, TX, Clark Field Muni, Takeoff
RNAV (GPS) RWY 4, Orig application. Accordingly, 21 CFR
Minimums and Textual DP, Orig
Springfield, IL, Abraham Lincoln Capital, Blacksburg, VA, Virginia Tech/Montgomery 510.600(c) is being amended to add
RNAV (GPS) RWY 13, Orig Executive, LOC/DME RWY 12, Amdt 1 entries for Pharmaq AS.
Springfield, IL, Abraham Lincoln Capital, Bellingham, WA, Bellingham Intl, RNAV This rule does not meet the definition
RNAV (GPS) RWY 22, Orig (GPS) RWY 16, Orig of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
Springfield, IL, Abraham Lincoln Capital, Bellingham, WA, Bellingham Intl, RNAV it is a rule of ‘‘particular applicability.’’
RNAV (GPS) RWY 31, Orig
Springfield, IL, Abraham Lincoln Capital, ILS
(GPS) RWY 34, Orig Therefore, it is not subject to the
Bellingham, WA, Bellingham Intl, GPS RWY congressional review requirements in 5
OR LOC RWY 4, Amdt 25
16, Orig-B, CANCELLED U.S.C. 801–808.
Springfield, IL, Abraham Lincoln Capital, ILS
Bellingham, WA, Bellingham Intl, GPS RWY
OR LOC RWY 22, Amdt 8
Springfield, IL, Abraham Lincoln Capital, ILS 34, Orig-B, CANCELLED List of Subjects
OR LOC RWY 31, Amdt 2 Rice Lake, WI, Rice Lake Regional-Carl’s
Field, RNAV (GPS) RWY 19, Amdt 1 21 CFR Part 510
Springfield, IL, Abraham Lincoln Capital,
RADAR–1, Amdt 9 * * * Effective 22 December 2005 Administrative practice and
Springfield, IL, Abraham Lincoln Capital, procedure, Animal drugs, Labeling,
Athens (Albany), OH, Ohio University
NDB RWY 4, Amdt 19 Reporting and recordkeeping
Springfield, IL, Abraham Lincoln Capital, Snyder Field, RNAV (GPS) RWY 7, Orig-
A requirements.
NDB RWY 22, Amdt 1
Springfield, IL, Abraham Lincoln Capital, Athens (Albany), OH, Ohio University 21 CFR Part 558
VOR/DME RWY 22, Orig Snyder Field, RNAV (GPS) RWY 25, Orig-
A Animal drugs, Animal feeds.
Springfield, IL, Abraham Lincoln Capital,
VOR RWY 22, Amdt 20A, CANCELLED ■ Therefore, under the Federal Food,
[FR Doc. 05–17475 Filed 9–1–05; 8:45 am]
Springfield, IL, Abraham Lincoln Capital, Drug, and Cosmetic Act and under
BILLING CODE 4910–13–P
Takeoff Minimums and Textual DP, Orig authority delegated to the Commissioner
Taylorville, IL, Taylorville Muni, RNAV of Food and Drugs and redelegated to
(GPS) RWY 18, Orig the Center for Veterinary Medicine, 21
Taylorville, IL, Taylorville Muni, RNAV DEPARTMENT OF HEALTH AND CFR parts 510 and 558 are amended as
(GPS) RWY 36, Orig HUMAN SERVICES follows:
Taylorville, IL, Taylorville Muni, NDB RWY
18, Amdt 4 Food and Drug Administration PART 510—NEW ANIMAL DRUGS
Taylorville, IL, Taylorville Muni, GPS RWY
18, Orig, CANCELLED 21 CFR Parts 510 and 558 ■ 1. The authority citation for 21 CFR
Taylorville, IL, Taylorville Muni, Takeoff part 510 continues to read as follows:
Minimums and Textual DP, Orig New Animal Drugs; Change of Sponsor
Abilene, KS, Abilene Muni, RNAV (GPS) Authority: 21 U.S.C. 321, 331, 351, 352,
RWY 17, Orig AGENCY: Food and Drug Administration, 353, 360b, 371, 379e.
Abilene, KS, Abilene Muni, RNAV (GPS) HHS. ■ 2. Section 510.60o is amended in the
RWY 35, Orig table in paragraph (c)(1) by
ACTION: Final rule.
Abilene, KS, Abilene Muni, VOR/DME-A,
Amdt 3
alphabetically adding a new entry for
SUMMARY: The Food and Drug ‘‘Pharmaq AS’’ and in the table in
Abilene, KS, Abilene Muni, GPS RWY
Administration (FDA) is amending the paragraph (c)(2) by numerically adding
35,Orig, CANCELLED
Abilene, KS, Abilene Muni, VOR/DME animal drug regulations to reflect a a new entry for ‘‘015331’’ to read as
RNAV RWY 35, Amdt 2, CANCELLED change of sponsor for an approved new follows:
Dodge City, KS, Dodge City Regional, RNAV animal drug application (NADA) from
(GPS) RWY 14, Amdt 1 Alpharma Inc., to Pharmaq AS. The § 510.600 Names, addresses, and drug
Dodge City, KS, Dodge City Regional, RNAV drug labeler code for Pharmaq AS is also labeler codes of sponsors of approved
(GPS) RWY 32, Amdt 1 being listed. applications.
Dodge City, KS, Dodge City Regional, ILS OR * * * * *
DATES: This rule is effective September
LOC RWY 14, Amdt 3 (c) * * *
Wichita, KS, Colonel James Jabara, RNAV 2, 2005.
(1) * * *
(GPS) RWY 18, Orig-A FOR FURTHER INFORMATION CONTACT:
Wichita, KS, Colonel James Jabara, RNAV David R. Newkirk, Center for Veterinary Drug labeler
(GPS) RWY 36, Orig-A Medicine (HFV–100), Food and Drug Firm name and address code
Gaithersburg, MD, Montgomery County Administration, 7500 Standish Pl.,
Airpark, RNAV (GPS) RWY 32, Amdt 1, Rockville, MD 20855, 301–827–6967, * * * * *
CANCELLED Pharmaq AS, Skogmo 015331
e-mail: david.newkirk@fda.gov.
Washington, MO, Washington Memorial, Industriomrade, N–7863
Takeoff Minimums and Textual DP, Orig SUPPLEMENTARY INFORMATION: Alpharma
Overhalla, Norway.
Santa Fe, NM, Santa Fe Muni, ILS OR LOC Inc., One Executive Drive, Fort Lee, NJ * * * * *
RWY 2, Amdt 6 07024, has informed FDA that it has

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52292 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations

(2) * * * Why Is the Department Promulgating regulatory criteria already developed by


This Rule? the Department of Homeland Security
Drug labeler for the H–1B classification.
code Firm name and address Because of the passage of a new law
amending the Immigration and Is It Necessary To File a Petition With
* * * * * Nationality Act (INA). The Emergency the Department of Homeland Security
015331 Pharmaq AS, Skogmo Supplemental Appropriations Act for as a Prerequisite to Visa Issuance?
Industriomrade, N–7863 Defense, the Global War on Terror, and
Overhalla, Norway. Tsunami Relief, 2005, Public Law 109– No petition to the Department of
* * * * * 13, 119 Stat. 231 was signed into law by Homeland Security is necessary.
the President on May 11, 2005. Division Instead, in the case of an employee
B, Title V, Section 501 of the Act adds seeking a visa, the employee will
PART 558—NEW ANIMAL DRUGS FOR
a new nonimmigrant visa classification present the necessary evidence for
USE IN ANIMAL FEEDS
for certain treaty aliens who are coming classification directly to the consular
■ 3. The authority citation for 21 CFR to the United States solely to perform officer at the time of visa application.
part 558 continues to read as follows: services in a specialty occupation. The Such evidence will include the original
classification will hereafter be or copy of the Labor Condition
Authority: 21 U.S.C. 360b, 371. Application signed by the prospective
designated the ‘‘E–3 visa.’’
§ 558.575 [Amended] employer and approved by the
Who Qualifies for the E–3 Visa? Department of Labor. Procedures for the
■ 4. Section 558.575 is amended in
The new E–3 visa classification E–3 visa are similar to those established
paragraph (a)(2) by removing ‘‘046573’’
currently applies only to nationals of for obtaining H–1B1 classification under
and by adding in its place ‘‘No.
Australia as well as their spouses and the U.S.-Chile and U.S.-Singapore Free
015331’’.
children. E–3 principal nonimmigrant Trade Agreements.
Dated: August 22, 2005. aliens must be coming to the United
Steven D. Vaughn,
May Spouses Work?
States solely to perform services in a
Director, Office of New Animal Drug specialty occupation. Yes. INA 214(e)(6) permits the spouse
Evaluation, Center for Veterinary Medicine. of a principal E nonimmigrant to engage
Are There Other Requirements for in employment in the United States. As
[FR Doc. 05–17472 Filed 9–1–05; 8:45 am]
Qualifying for an E–3 Visa? is the case for the spouse of a principal
BILLING CODE 4160–01–S
The E–3 visa classification is E–1 and E–2 nonimmigrant, the spouse
numerically limited, with a maximum of a qualified E–3 nonimmigrant may,
of 10,500 visas available annually. upon admission to the United States,
DEPARTMENT OF STATE Spouses and children do not count apply for an employment authorization
against the numerical limitation nor are document, which an employer could
22 CFR Part 41 they required to possess the nationality use to verify the spouse’s employment
of the principal. A Labor Condition eligibility. Such spousal employment
RIN 1400–AC12 Application (LCA), containing may be in a position other than a
attestations by the sponsoring employer specialty occupation.
[Public Notice 5181] related to wages and working
conditions, must be filed with and Regulatory Findings
Visas: Treaty Trader, Treaty Investor, approved by the Department of Labor Administrative Procedure Act
or Treaty Alien in a Specialty (DOL). At the time of visa application,
Occupation the visa applicant must present the This final rule involves a foreign
consular officer with the original or affairs function of the United States and,
AGENCY: State Department. copy of the approved LCA. However, if therefore, is not subject to the
ACTION: Final rule. the applicant cannot provide the procedures required by 5 U.S.C. 553 and
original, the consular officer, at his/her 554. It is exempt from review under
SUMMARY: This rule expands the discretion, may accept a certified copy Executive Order 12866 but has been
definition of treaty trader and treaty of the approval. The approved LCA reviewed internally by the Department
investor contained at 22 CFR 41.51 to represents DOL’s certification that the to ensure consistency with the purposes
include a new nonimmigrant category employer has met the attestation thereof. This rule does not require
(E–3) for nonimmigrant treaty aliens requirements of the E–3 statute. analysis under the Regulatory
coming to the United States solely to Flexibility Act or the Unfunded
perform services in a specialty What Is a Specialty Occupation? Mandates Reform Act. It has been found
occupation. It also reorganizes existing In general, a specialty occupation is not to be a major rule within the
regulatory language pertaining to treaty one that requires theoretical and meaning of the Small Business
traders and treaty investors to make this practical application of a body of Regulatory Enforcement Fairness Act of
information clearer and easier to read. knowledge in professional fields and at 1996. It will not have substantial direct
DATES: This rule is effective September least the attainment of a bachelor’s effects on the States, the relationship
2, 2005. degree, or its equivalent, as a minimum between the National Government and
for entry into the occupation in the the States, or on the distribution of
FOR FURTHER INFORMATION CONTACT:
United States. The Department’s power and responsibilities among the
Charles Robertson, Legislation and
regulations governing E–3 visas various levels of government. Therefore,
Regulations Division, Visa Services,
incorporate the definitions contained in it is determined that this rule does not
Department of State, 2401 E Street, NW.,
section 214(i)(1) of the Immigration and have sufficient federalism implications
Room L–603D, Washington, DC 20520–
Nationality Act (INA). In order to to warrant application of consultation
0106; telephone 202–663–1221; e-mail
determine what constitutes a ‘‘specialty provisions of Executive Orders 12372
robertsonce@state.gov.
occupation,’’ consular officers abroad and 13132. This rule does not impose
SUPPLEMENTARY INFORMATION: will be guided by, and will apply, any new reporting or recordkeeping

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