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48868 Federal Register / Vol. 70, No.

161 / Monday, August 22, 2005 / Rules and Regulations

pounds deducted from the possession In accordance with the freedom of DEPARTMENT OF THE TREASURY
limit for the additional trip. The information provisions of 21 CFR part
Regional Administrator will issue this 20 and 21 CFR 514.11(e)(2)(ii), a Internal Revenue Service
authorization automatically, without summary of safety and effectiveness
request from the vessel owner. A data and information submitted to 26 CFR Part 1
rebated possession limit may be support approval of this application [TD 9220]
combined with other additional trips as may be seen in the Division of Dockets
described in paragraph (c)(5)(ii) of this Management (HFA–305), Food and Drug RIN 1545–BE66
section. Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852, between 9 Converting an IRA Annuity to a Roth
* * * * *
a.m. and 4 p.m., Monday through IRA
[FR Doc. 05–16613 Filed 8–19–05; 8:45 am]
BILLING CODE 3510–22–S
Friday. AGENCY: Internal Revenue Service (IRS),
FDA has determined under 21 CFR Treasury.
25.33(a)(1) that this action is of a type
ACTION: Temporary Regulations.
that does not individually or
DEPARTMENT OF HEALTH AND cumulatively have a significant effect on SUMMARY: This document contains
HUMAN SERVICES the human environment. Therefore, temporary regulations under section
neither an environmental assessment 408A of the Internal Revenue Code
Food and Drug Administration nor an environmental impact statement (Code). These temporary regulations
is required. provide guidance concerning the tax
21 CFR Part 522 This rule does not meet the definition consequences of converting a non-Roth
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because IRA annuity to a Roth IRA. These
Implantation or Injectable Dosage it is a rule of ‘‘particular applicability.’’
temporary regulations affect individuals
Form New Animal Drugs; Flunixin Therefore, it is not subject to the establishing Roth IRAs, beneficiaries
congressional review requirements in 5 under Roth IRAs, and trustees,
AGENCY: Food and Drug Administration, U.S.C. 801–808.
HHS. custodians and issuers of Roth IRAs.
List of Subject in 21 CFR Part 522 The text of these temporary regulations
ACTION: Final rule.
also serves as the text of proposed
Animal drugs.
SUMMARY: The Food and Drug regulations set forth in a notice of
■ Therefore, under the Federal Food, proposed rulemaking in the Proposed
Administration (FDA) is amending the
Drug, and Cosmetic Act and under Rules section of this issue of the Federal
animal drug regulations to reflect
authority delegated to the Commissioner Register.
approval of a supplemental abbreviated
of Food and Drugs and redelegated to the
new animal drug application (ANADA) DATES: Effective Date: These regulations
Center for Veterinary Medicine, 21 CFR
filed by Phoenix Scientific, Inc. The are effective August 19, 2005.
part 522 is amended as follows:
supplemental ANADA provides for Applicability Date: These regulations
veterinary prescription use of flunixin PART 522—IMPLANTATION OR are applicable to any Roth IRA
meglumine solution by intravenous INJECTABLE DOSAGE FORM NEW conversion where an annuity contract is
injection in lactating dairy cattle for ANIMAL DRUGS distributed or treated as distributed
control of fever associated with bovine from a traditional IRA on or after August
respiratory disease and endotoxemia, ■ 1. The authority citation for 21 CFR 19, 2005.
and for control of inflammation in part 522 continues to read as follows: FOR FURTHER INFORMATION CONTACT:
endotoxemia. Authority: 21 U.S.C. 360b. Concerning the regulations, Cathy A.
DATES: This rule is effective August 22, ■ 2. Section 522.970 is amended by Vohs, 202–622–6060.
2005. revising paragraph (e)(2)(iii) to read as SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT: John follows:
Background
K. Harshman, Center for Veterinary
§ 522.970 Flunixin. Roth IRAs and Conversions
Medicine (HFV–104), Food and Drug
Administration, 7500 Standish Pl., * * * * *
(e) * * * This document contains temporary
Rockville, MD 20855, 240–276–9808, e- regulations that amend the Income Tax
mail: john.harshman@fda.gov. (2) * * *
(iii) Limitations. Do not slaughter for Regulations (26 CFR part 1) under
SUPPLEMENTARY INFORMATION: Phoenix food use within 4 days of last treatment. section 408A of Code relating to Roth
Scientific, Inc., 3915 South 48th Street A withdrawal period has not been IRAs. Section 408A of the Code, which
Ter., St. Joseph, MO 64503, filed a established for use in preruminating was added by section 302 of the
supplemental ANADA 200 124 that calves. Do not use in calves to be Taxpayer Relief Act of 1997, Public Law
provides for veterinary prescription use processed for veal. For Nos. 000061 and 105–34 (111 Stat. 788), establishes the
of Flunixin Meglumine Injection 059130: Do not use in dry dairy cows. Roth IRA as a type of individual
intravenously in lactating dairy cattle Milk that has been taken during retirement plan, effective for taxable
for control of fever associated with treatment and for 36 hours after the last years beginning on or after January 1,
bovine respiratory disease and treatment must not be used for food. For 1998.
endotoxemia, and for control of Nos. 055529 and 057561: Not for use in Under Code section 408A, a Roth IRA
inflammation in endotoxemia. The lactating or dry dairy cows. is treated like a traditional IRA with
supplemental ANADA is approved as of several significant exceptions. Like
July 18, 2005, and the regulations are Dated: August 10, 2005. amounts held in traditional IRAs,
amended in 21 CFR 522.970 to reflect Stephen F. Sundlof, amounts held in Roth IRAs generally are
the approval. The basis of approval is Director, Center for Veterinary Medicine. exempt from Federal income tax under
discussed in the freedom of information [FR Doc. 05–16499 Filed 8–19–05; 8:45 am] Code section 408(e)(1). Likewise,
summary. BILLING CODE 4160–01–S contributions to traditional IRAs and

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