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Federal Register / Vol. 72, No.

206 / Thursday, October 25, 2007 / Rules and Regulations 60551

neither an environmental assessment change of sponsor for five approved new PART 520—ORAL DOSAGE FORM
nor an environmental impact statement animal drug applications (NADAs) from NEW ANIMAL DRUGS
is required. Merial Ltd., to Huvepharma AD.
This rule does not meet the definition DATES: This rule is effective October 25,
■ 1. The authority citation for 21 CFR
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 2007. part 520 continues to read as follows:
it is a rule of ‘‘particular applicability.’’ Authority: 21 U.S.C. 360b.
FOR FURTHER INFORMATION CONTACT:
Therefore, it is not subject to the
congressional review requirements in 5 David R. Newkirk, Center for Veterinary § 520.100 [Amended]
U.S.C. 801–808. Medicine (HFV–100), Food and Drug
Administration, 7500 Standish Pl., ■ 2. In paragraph (b)(1) of § 520.100,
List of Subjects in 21 CFR Part 520 Rockville, MD 20855, 301–827–6967, e- remove ‘‘050604’’ and in its place add
mail: david.newkirk@fda.hhs.gov. ‘‘016592’’.
Animal drugs.
■ Therefore, under the Federal Food, SUPPLEMENTARY INFORMATION: Merial PART 558—NEW ANIMAL DRUGS FOR
Drug, and Cosmetic Act and under Ltd., 3239 Satellite Blvd., Bldg. 500, USE IN ANIMAL FEEDS
authority delegated to the Commissioner Duluth, GA 30096–4640 has informed
of Food and Drugs and redelegated to FDA that it has transferred ownership ■ 3. The authority citation for 21 CFR
the Center for Veterinary Medicine, 21 of, and all rights and interest in, the part 558 continues to read as follows:
CFR part 520 is amended as follows: following five approved NADAs to Authority: 21 U.S.C. 360b, 371.
Huvepharma AD, 33 James Boucher
PART 520—ORAL DOSAGE FORM Blvd., Sophia 1407, Bulgaria: § 558.55 [Amended]
NEW ANIMAL DRUGS ■ 4. In paragraph (a) of § 558.55, remove
‘‘050604’’ and in its place add ‘‘No.
■ 1. The authority citation for 21 CFR 016592’’.
part 520 continues to read as follows: Application Trade name(s) ■ 5. In § 558.58, in the table in
Authority: 21 U.S.C. 360b. No.
paragraph (e)(1)(i), in the first entry, in
■ 2. Add § 520.2130 to read as follows: 012–350 AMPROVINE (amprolium) the ‘‘Sponsor’’ column, add ‘‘050604’’
25% Type A Medicated and ‘‘016592’’; add paragraph (a)(3); and
§ 520.2130 Spinosad.
Article; CORID revise paragraph (b) to read as follows:
(a) Specifications. Each chewable (amprolium) 25% Type A
tablet contains 140, 270, 560, 810, or Medicated Article § 558.58 Amprolium and ethopabate.
1620 milligrams (mg) spinosad. (a) * * *
(b) Sponsor. See No. 000986 in 013–149 AMPROVINE (amprolium) (3) 25 percent amprolium and 0.8
§ 510.600 of this chapter. 9.6% Solution percent ethopabate.
(c) Conditions of use in dogs—(1) (b) Approvals. See § 510.600(c) of this
Amount. Administer tablets once a 013–461 Broiler PMX No. 1620
chapter.
(amprolium/ethopabate)
month at a recommended minimum (1) No. 050604 for products described
dosage of 13.5 mg per pound (30 mg per 033–165 AMPROVINE (amprolium) in paragraph (a) of this section.
kilogram) of body weight. 20% Soluble Powder; (2) No. 016592 for product described
(2) Indications for use. To kill fleas CORID (amprolium) 20% in paragraph (a)(3) of this section.
and for the prevention and treatment of Soluble Powder
flea infestations (Ctenocephalides felis) § 558.175 [Amended]
on dogs for 1 month. 034–393 COYDEN 25 (clopidol); ■ 6. In § 558.175, in paragraph (b) and
(3) Limitations. Federal law restricts Lerbek 25 in the table in paragraph (d)(1) in the
this drug to use by or on the order of ‘‘Sponsor’’ column, remove ‘‘050604’’
a licensed veterinarian. Accordingly, the agency is amending and in its place add ‘‘016592’’.
the regulations in 21 CFR 520.100,
Dated: October 17, 2007. 558.55, 558.58, and 558.175 to reflect Dated: October 17, 2007.
Bernadette Dunham, the transfer of ownership. Bernadette Dunham,
Deputy Director, Center for Veterinary This rule does not meet the definition Deputy Director, Center for Veterinary
Medicine. of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because Medicine.
[FR Doc. E7–21058 Filed 10–24–07; 8:45 am] it is a rule of ‘‘particular applicability.’’ [FR Doc. E7–21057 Filed 10–24–07; 8:45 am]
BILLING CODE 4160–01–S Therefore, it is not subject to the BILLING CODE 4160–01–S
congressional review requirements in 5
U.S.C. 801–808.
DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND
HUMAN SERVICES List of Subjects HUMAN SERVICES
21 CFR Part 520
Food and Drug Administration Food and Drug Administration
Animal drugs.
21 CFR Parts 520 and 558 21 CFR Part 558
21 CFR Part 558
New Animal Drugs; Change of Sponsor Animal drugs, Animal feeds. New Animal Drugs For Use in Animal
■ Therefore, under the Federal Food, Feeds; Change of Sponsor
AGENCY: Food and Drug Administration,
HHS. Drug, and Cosmetic Act and under AGENCY: Food and Drug Administration,
rwilkins on PROD1PC63 with RULES

ACTION: Final rule. authority delegated to the Commissioner HHS.


of Food and Drugs and redelegated to ACTION: Final rule.
SUMMARY: The Food and Drug the Center for Veterinary Medicine, 21
Administration (FDA) is amending the CFR parts 520 and 558 are amended as SUMMARY: The Food and Drug
animal drug regulations to reflect a follows: Administration (FDA) is amending the

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60552 Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations

animal drug regulations to reflect a FOR FURTHER INFORMATION CONTACT: Ave., Summit NJ 07901, has informed
change of sponsor for seven approved David R. Newkirk, Center for Veterinary FDA that it has transferred ownership
new animal drug applications (NADAs) Medicine (HFV–100), Food and Drug of, and all rights and interest in, the
from Schering-Plough Animal Health Administration, 7500 Standish Pl., following seven approved NADAs to
Corp. to Huvepharma AD. Rockville, MD 20855, 301–827–6967, e- Huvepharma AD, 33 James Boucher
mail: david.newkirk@fda.hhs.gov. Blvd., Sophia 1407, Bulgaria:
DATES: This rule is effective October 25, SUPPLEMENTARY INFORMATION: Schering-
2007. Plough Animal Health Corp., 556 Morris

Application No. Trade name(s)

140–951 CLINICOX (diclazuril) Type A Medicated Article

141–090 CLINICOX / STAFAC

141–153 CLINICOX / BMD

141–158 CLINICOX / FLAVOMYCIN

141–190 CLINICOX / BMD / 3–NITRO

141–194 CLINICOX / BMD

141–195 CLINICOX / FLAVOMYCIN

Accordingly, the agency is amending DEPARTMENT OF THE TREASURY of proposed rulemaking (REG–130863–
the regulations in 21 CFR 558.198 to 04) in the Federal Register (69 FR
reflect the transfer of ownership. Internal Revenue Service 51209) proposing regulations that would
This rule does not meet the definition provide guidance regarding the effect of
26 CFR Part 1 certain transfers of assets or stock on the
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’ [TD 9361] qualification of a transaction as a
Therefore, it is not subject to the reorganization under section 368(a) (the
RIN 1545–BD56 proposed regulations). The proposed
congressional review requirements in 5
regulations also included amendments
U.S.C. 801–808. Corporate Reorganizations; Transfers to the continuity of business enterprise
List of Subjects in 21 CFR Part 558 of Assets or Stock Following a (COBE) regulations under § 1.368–1(d)
Reorganization and the definition of a ‘‘party to a
Animal drugs, Animal feeds. AGENCY: Internal Revenue Service (IRS), reorganization’’ under § 1.368–2(f). The
■ Therefore, under the Federal Food, Treasury. proposed regulations replaced an earlier
Drug and Cosmetic Act and under ACTION: Final regulations. proposal, dated March 2, 2004 (REG–
authority delegated to the Commissioner 165579–02) and published in the
of Food and Drugs and redelegated to SUMMARY: This document contains final Federal Register (69 FR 9771), which
the Center for Veterinary Medicine, 21 regulations that provide guidance was withdrawn. No public hearing
CFR part 558 is amended as follows: regarding the effect of certain transfers regarding the proposed regulations was
of assets or stock on the continuing requested or held. However, a number
PART 558—NEW ANIMAL DRUGS FOR qualification of transactions as of comments were received, the most
USE IN ANIMAL FEEDS reorganizations under section 368(a). significant of which are discussed in
This document also contains final this preamble.
■ 1. The authority citation for 21 CFR regulations that provide guidance on the The theory underlying the tax-free
part 558 continues to read as follows: continuity of business enterprise treatment afforded reorganizations
requirement and the definitions of described in section 368 is that such
Authority: 21 U.S.C. 360b, 371. ‘‘qualified group’’ and ‘‘party to a transactions ‘‘effect only a readjustment
reorganization.’’ These regulations affect of continuing interest in property under
§ 558.198 [Amended]
corporations and their shareholders. modified corporate forms.’’ See § 1.368–
■ 2. In § 558.198, in paragraph (b), DATES: Effective Date: These regulations 1(b). The continuity of interest and
remove ‘‘000061’’ and in its place add are effective October 25, 2007. continuity of business enterprise
‘‘016592’’; and in the tables in Applicability Date: For dates of requirements are expressions of this
paragraphs (d)(1) and (d)(2), in the applicability, see §§ 1.368–1(d)(4)(iv), principle. Earlier cases also
‘‘Sponsor’’ column, remove ‘‘000061’’ 1.368–1(d)(5), 1.368–2(f), 1.368– implemented this principle through a
wherever it occurs and in its place add 2(j)(3)(iv), and 1.368–2(k)(3). concept that later became known as the
‘‘016592’’. FOR FURTHER INFORMATION CONTACT: prohibition of ‘‘remote’’ continuity of
Dated: October 17, 2007.
Mary W. Lyons, at (202) 622–7930 (not interest. Commonly viewed as arising
a toll free number). out of the Supreme Court decisions in
Bernadette Dunham,
rwilkins on PROD1PC63 with RULES

SUPPLEMENTARY INFORMATION: Groman v. Commissioner, 302 U.S. 82


Deputy Director, Center for Veterinary (1937), and Helvering v. Bashford, 302
Medicine. Background U.S. 454 (1938), remote continuity of
[FR Doc. E7–21059 Filed 10–24–07; 8:45 am] On August 18, 2004, the IRS and interest focuses on the link between the
BILLING CODE 4160–01–S Treasury Department published a notice former target corporation (T)

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