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20942 Federal Register / Vol. 72, No.

81 / Friday April 27, 2007 / Rules and Regulations

who is accused of criminal activity metered-dose inhalers, from the list of approval of a new animal drug
receives due process of law in a essential uses of ozone-depleting application (NADA) filed by Schering-
criminal proceeding under the substances. None of these products is Plough Animal Health Corp. The NADA
jurisdiction of the judicial branch of the currently being marketed. This provides for the veterinary prescription
Federal government. document confirms the effective date of use of diclazuril oral pellets in horses
(f) In other circumstances. We may the direct final rule. for the treatment of equine protozoal
disclose information to a court of DATES: Effective date confirmed: April myeloencephalitis.
competent jurisdiction in circumstances 23, 2007, except for the removal of DATES: This rule is effective April 27,
other than those stated in paragraph (e) § 2.125(e)(4)(v) (21 CFR 2.125(e)(4)(v)), 2007.
of this section. We will make our which is effective August 1, 2007.
decision regarding disclosure by FOR FURTHER INFORMATION CONTACT:
FOR FURTHER INFORMATION CONTACT:
balancing the needs of a court while Melanie R. Berson, Center for Veterinary
Martha Nguyen or Wayne H. Mitchell,
preserving the confidentiality of Medicine (HFV–110), Food and Drug
Center for Drug Evaluation and Research
information. For example, we may Administration, 7500 Standish Pl.,
(HFD–7), Food and Drug
disclose information under a court order Rockville, MD 20855, 301–827–7540, e-
Administration, 5600 Fishers Lane,
that restricts the use and redisclosure of mail: melanie.berson@fda.hhs.gov.
Rockville, MD 20857, 301–594–2041.
the information by the participants in SUPPLEMENTARY INFORMATION: Schering-
SUPPLEMENTARY INFORMATION: In the
the proceeding; we may offer the Plough Animal Health Corp., 556 Morris
information for inspection by the court Federal Register of December 7, 2006
Ave., Summit, NJ 07901, filed NADA
in camera and under seal; or we may (71 FR 70870), FDA solicited comments
141–268 for the veterinary prescription
arrange for the court to exclude concerning the direct final rule for a 75-
use of PROTAZIL (1.56% diclazuril)
information identifying individuals day period ending February 20, 2007.
Antiprotozoal Pellets in horses for the
from that portion of the record of the FDA stated that the effective date of the
treatment of equine protozoal
proceedings that is available to the direct final rule would be on April 23,
myeloencephalitis (EPM) caused by
public. We will make these 2007, 60 days after the end of the
Sarcocystis neurona. The NADA is
determinations in accordance with comment period, unless any significant
approved as of March 29, 2007, and the
§ 401.140. adverse comment was submitted to FDA
regulations in 21 CFR part 520 are
(g) Other regulations on request for during the comment period.
amended by adding new § 520.606 to
testimony, subpoenas and production of FDA received no significant adverse
reflect the approval.
records in legal proceedings. See 20 CFR comments within the comment period.
In accordance with the freedom of
part 403 of this chapter for additional Therefore, under the Federal Food,
information provisions of 21 CFR part
rules covering disclosure of information Drug, and Cosmetic Act, the Clean Air
20 and 21 CFR 514.11(e)(2)(ii), a
and records governed by this part and Act, and under authority delegated to
summary of safety and effectiveness
requested in connection with legal the Commissioner of Food and Drugs,
data and information submitted to
proceedings. after consultation with the
support approval of this application
Administrator of the Environmental
[FR Doc. E7–7940 Filed 4–26–07; 8:45 am] may be seen in the Division of Dockets
Protection Agency, notice is given that
Management (HFA–305), Food and Drug
BILLING CODE 4191–02–P no objections or requests for a hearing
Administration, 5630 Fishers Lane, rm.
were filed in response to the December
1061, Rockville, MD 20852, between 9
7, 2006, direct final rule. Accordingly,
a.m. and 4 p.m., Monday through
DEPARTMENT OF HEALTH AND FDA is confirming that the amendment
Friday.
HUMAN SERVICES issued thereby is effective April 23,
Under section 512(c)(2)(F)(ii) of the
2007, except for the removal of
Food and Drug Administration Federal Food, Drug, and Cosmetic Act
§ 2.125(e)(4)(v), which is effective
(21 U.S.C. 360b(c)(2)(F)(ii)), this
August 1, 2007.
21 CFR Part 2 approval qualifies for 3 years of
Dated: April 17, 2007. marketing exclusivity beginning March
[Docket No. 2006N–0416] Jeffrey Shuren, 29, 2007.
Assistant Commissioner for Policy. The agency has determined under 21
Use of Ozone-Depleting Substances; CFR 25.33(d)(1) that this action is of a
[FR Doc. E7–8043 Filed 4–26–07; 8:45 am]
Removal of Essential Use type that does not individually or
BILLING CODE 4160–01–S
Designations; Confirmation of cumulatively have a significant effect on
Effective Date the human environment. Therefore,
AGENCY: Food and Drug Administration, DEPARTMENT OF HEALTH AND neither an environmental assessment
HHS. HUMAN SERVICES nor an environmental impact statement
ACTION: Direct final rule; confirmation of is required.
Food and Drug Administration This rule does not meet the definition
effective date.
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
SUMMARY: The Food and Drug 21 CFR Part 520 it is a rule of ‘‘particular applicability.’’
Administration (FDA) is confirming the Therefore, it is not subject to the
Oral Dosage Form New Animal Drugs; congressional review requirements in 5
effective date of April 23, 2007, for the
Diclazuril U.S.C. 801–808.
direct final rule that appeared in the
Federal Register of December 7, 2006 AGENCY: Food and Drug Administration, List of Subjects in 21 CFR Part 520
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(71 FR 70870). The direct final rule HHS.


amends the regulation to remove Animal drugs.
ACTION: Final rule.
beclomethasone, dexamethasone, ■ Therefore, under the Federal Food,
fluticasone, bitolterol, salmeterol, SUMMARY: The Food and Drug Drug, and Cosmetic Act and under
ergotamine tartrate, and ipratropium Administration (FDA) is amending the authority delegated to the Commissioner
bromide, used in oral pressurized animal drug regulations to reflect of Food and Drugs and redelegated to

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Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Rules and Regulations 20943

the Center for Veterinary Medicine, 21 DATES: This rule is effective from 1 p.m. event sponsor a marine event permit for
CFR part 520 is amended as follows: to 9:35 p.m. on April 28, 2007. the fireworks display.
ADDRESSES: Documents indicated in this Discussion of Rule
PART 520—ORAL DOSAGE FORM preamble as being available in the
NEW ANIMAL DRUGS docket, are part of the docket COTP San The Coast Guard is establishing a
Francisco Bay 07–007 and are available temporary safety zone on specified
■ 1. The authority citation for 21 CFR waters off of San Francisco Bay near
part 520 continues to read as follows: for inspection or copying at Coast Guard
Sector San Francisco, 1 Yerba Buena Angel Island. During the loading of the
Authority: 21 U.S.C. 360b. Island, San Francisco, California, 94130, fireworks barge, while the barge is being
■ 2. Add § 520.606 to read as follows: between 9 a.m. and 4 p.m., Monday towed to the display location, and until
through Friday, except Federal holidays. the start of the fireworks display, the
§ 520.606 Diclazuril. safety zone will apply to the navigable
FOR FURTHER INFORMATION CONTACT:
(a) Specifications. Each 100 grams (g) Ensign Sheral Richardson, U.S. Coast waters around and under the fireworks
of pellets contain 1.56 g diclazuril. Guard Sector San Francisco, at (415) barge within a radius of 100 feet. Fifteen
(b) Sponsor. See No. 000061 in 556–2950 ext. 140. minutes prior to and during the 5-
§ 510.600(c) of this chapter. minute fireworks display, the area to
SUPPLEMENTARY INFORMATION:
(c) Conditions of use in horses—(1) which this safety zone applies to will
Amount. Administer 1 milligram (mg) Regulatory Information increase in size to encompass the
per kilogram (0.45 mg per pound) of navigable waters around and under the
We did not publish a notice of
body weight in the daily grain ration for fireworks barge within a radius of 800
proposed rulemaking (NPRM) for this
28 days. feet. Loading of the pyrotechnics onto
regulation. Under 5 U.S.C. 553(b)(B), the
(2) Indications for use. For the the fireworks barge is scheduled to
Coast Guard finds that good cause exists
treatment of equine protozoal commence at 1 p.m. on April 28, 2007,
for not publishing an NPRM. Logistical
myeloencephalitis (EPM) caused by and will take place at Pier 50 in San
details surrounding the event were not
Sarcocystis neurona. Francisco. Towing of the barge from Pier
finalized and presented to the Coast
(3) Limitations. Do not use in horses 50 to the display location is scheduled
Guard in time to draft and publish an
intended for human consumption. to take place between 1 p.m. and 4 p.m.
NPRM. As such, the event would occur
Federal law restricts this drug to use by on April 28, 2007. During the fireworks
before the rulemaking process was
or on the order of a licensed display, scheduled to commence at
complete. Because of the dangers posed
veterinarian. approximately 9:30 p.m., the fireworks
by the pyrotechnics used in this
Dated: April 13, 2007. fireworks display, safety zones are barge will be located approximately 800
Bernadette Dunham, necessary to provide for the safety of feet off of Angel Island in position 37°
Deputy Director, Center for Veterinary event participants, spectator craft, and 51′20.0″ N, 122° 26′43.0″ W.
Medicine. other vessels transiting the event area. The effect of the temporary safety
[FR Doc. E7–8041 Filed 4–26–07; 8:45 am] For the safety concerns noted, it is in zone will be to restrict general
BILLING CODE 4160–01–S the public interest to have these navigation in the vicinity of the
regulations in effect during the event. fireworks barge while the fireworks are
For the same reasons listed in the loaded at Pier 50, during the transit of
previous paragraph, under 5 U.S.C. the fireworks barge, and until the
DEPARTMENT OF HOMELAND conclusion of the scheduled display.
553(d)(3), the Coast Guard finds that
SECURITY Except for persons or vessels authorized
good cause exists for making this rule
effective less than 30 days after by the Coast Guard Patrol Commander,
Coast Guard
publication in the Federal Register. Any no person or vessel may enter or remain
delay in the effective date of this rule in the safety zone. This safety zone is
33 CFR Part 165
would expose mariners to the dangers needed to keep spectators and vessels a
[COTP San Francisco Bay 07–007] posed by the pyrotechnics used in this safe distance away from the fireworks
fireworks display. barge to ensure the safety of
RIN 1625–AA00 participants, spectators, and transiting
Background and Purpose vessels.
Safety Zone; Kimmelman’s Wedding
Pyro’s Spectacular Incorporated is Regulatory Evaluation
Party Fireworks Display, San
sponsoring a brief fireworks display on
Francisco Bay, CA This rule is not a ‘‘significant
April 28, 2007 in the waters of San
AGENCY: Coast Guard, DHS. Francisco Bay near Angel Island. The regulatory action’’ under section 3(f) of
ACTION: Temporary final rule. fireworks display is meant for Executive Order 12866, Regulatory
entertainment purposes at the Planning and Review, and does not
SUMMARY: The Coast Guard is Kimmelman’s Wedding. This safety require an assessment of potential costs
establishing a temporary safety zone in zone is being issued to establish a and benefits under section 6(a)(3) of that
the navigable waters of San Francisco temporary regulated area in San Order. The Office of Management and
Bay for the loading, transport, and Francisco around the fireworks launch Budget has not reviewed it under that
launching of fireworks used during a barge during loading of the Order.
wedding celebration display. This safety pyrotechnics, during the transit of the Although this rule restricts access to
zone is established to ensure the safety barge to the display location, and during the waters encompassed by the safety
cprice-sewell on PROD1PC66 with RULES

of participants and spectators. the fireworks display. This safety zone zone, the effect of this rule will not be
Unauthorized persons or vessels are around the launch barge is necessary to significant because the local waterway
prohibited from entering into, transiting protect spectators, vessels, and other users will be notified via public
through, or remaining in the safety zone property from the hazards associated broadcast notice to mariners to ensure
without permission of the Captain of the with the pyrotechnics on the fireworks the safety zone will result in minimum
Port or his designated representative. barge. The Coast Guard has granted the impact. The entities most likely to be

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