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11120 Federal Register / Vol. 70, No.

44 / Tuesday, March 8, 2005 / Rules and Regulations

available to each date handler in Dated: March 2, 2005. Accordingly, the agency is amending
Riverside County. Kenneth C. Clayton, the regulations in 21 CFR 510.600(c) to
(e) Each approved manufacturer of Acting Administrator, Agricultural Marketing reflect the change.
date products is required to renew their Service. This rule does not meet the definition
approved manufacturer status with the [FR Doc. 05–4448 Filed 3–7–05; 8:45 am] of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
BILLING CODE 3410–02–P it is a rule of ‘‘particular applicability.’’
committee by submitting an updated
Therefore, it is not subject to the
CDAC Form No. 3 at the end of a crop
congressional review requirements in 5
year, but no later than October 10 of the
DEPARTMENT OF HEALTH AND U.S.C. 801–808.
new crop year. In addition, the
approved manufacturer must continue HUMAN SERVICES List of Subjects in 21 CFR Part 510
to meet the other approved Food and Drug Administration Administrative practice and
manufacturer qualification procedure, Animal drugs, Labeling,
requirements. 21 CFR Part 510 Reporting and recordkeeping
(f) In the event an approved date requirements.
product manufacturer who is also a New Animal Drugs; Change of ■ Therefore, under the Federal Food,
regulated date handler within the area Sponsor’s Address Drug, and Cosmetic Act and under
of production does not remain in AGENCY: Food and Drug Administration, authority delegated to the Commissioner
compliance with the order, or fails or HHS. of Food and Drugs and redelegated to the
refuses to submit reports or to pay ACTION: Final rule. Center for Veterinary Medicine, 21 CFR
assessments required by the committee, part 510 is amended as follows:
such date product manufacturer shall SUMMARY: The Food and Drug
become ineligible to continue as an Administration (FDA) is amending the PART 510—NEW ANIMAL DRUGS
approved date product manufacturer. animal drug regulations to reflect a
change of sponsor’s address for ■ 1. The authority citation for 21 CFR
Prior to making a determination to part 510 continues to read as follows:
Wellmark International.
remove a date product manufacturer
DATES: This rule is effective March 8, Authority: 21 U.S.C. 321, 331, 351, 352,
from the approved date product 353, 360b, 371, 379e.
2005.
manufacturer list, the committee shall ■ 2. Section 510.600 is amended in the
notify such manufacturer in writing of FOR FURTHER INFORMATION CONTACT:
table in paragraph (c)(1) by revising the
its intention and the reasons for David R. Newkirk, Center for Veterinary
entry for ‘‘Wellmark International’’; and
removal. The committee shall allow the Medicine (HFV–100), Food and Drug
in the table in paragraph (c)(2) by
date product manufacturer an Administration, 7500 Standish Pl.,
revising the entry for ‘‘011536’’ to read
opportunity to respond. In the event Rockville, MD 20855, 301–827–6967, e-
as follows:
that a date product manufacturer’s name mail: david.newkirk@fda.gov.
has been removed from the list of SUPPLEMENTARY INFORMATION: Wellmark § 510.600 Names, addresses, and drug
International, 1100 East Woodfield Rd., labeler codes of sponsors of approved
approved date product manufacturers, a applications.
new application must be submitted to suite 500, Schaumburg, IL 60173 has
the committee and the applicant must informed FDA of a change of address to * * * * *
1501 East Woodfield Rd., suite 200 (c) * * *
await approval.
West, Schaumburg, IL 60173. (1) * * *

Drug labeler
Firm name and address code

* * * * *

Wellmark International, 1501 011536


East Woodfield Rd., suite 200
West, Schaumburg, IL 60173

* * * * *

(2) * * *

Drug labeler Firm name and address


code

* * * * *

011536 Wellmark International, 1501


East Woodfield Rd., suite 200
West, Schaumburg, IL 60173

* * * * *

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Federal Register / Vol. 70, No. 44 / Tuesday, March 8, 2005 / Rules and Regulations 11121

Dated: February 16, 2005. § 1.411(d)–4 [Corrected] Authority: 26 U.S.C. 7805 * * *.


Steven D. Vaughn, ■ Section 1.411(d)–4, A–2, paragraph § 1.409(p)–1T [Corrected]
Director, Office of New Animal Drug (e)(3), Example (i) and (ii), in each
Evaluation, Center for Veterinary Medicine. location the year ‘‘2004’’ is removed, and ■ Section 1.409(p)–1T(d)(2)(iv), is
[FR Doc. 05–4480 Filed 3–7–05; 8:45 am] the year ‘‘2005’’ is added in its place. removed.
BILLING CODE 4160–01–S Cynthia E. Grigsby,
Cynthia E. Grigsby,
Acting Chief, Publications and Regulations Acting Chief, Publications and Regulations
Branch, Legal Processing Division, Associate Branch, Legal Processing Division, Associate
Chief Counsel (Procedures and Chief Counsel (Procedures and
DEPARTMENT OF THE TREASURY Administration).
Administration).
Internal Revenue Service [FR Doc. 05–4502 Filed 3–7–05; 8:45 am] [FR Doc. 05–4506 Filed 3–7–05; 8:45 am]
BILLING CODE 4830–01–P BILLING CODE 4830–01–P

26 CFR Part 1

[TD 9176] DEPARTMENT OF THE TREASURY DEPARTMENT OF THE INTERIOR

RIN 1545–BC35 Internal Revenue Service Office of Surface Mining Reclamation


and Enforcement
Elimination of Forms of Distribution in 26 CFR Part 1
Defined Contribution Plans; Correction [TD 9164] 30 CFR Part 917
AGENCY: Internal Revenue Service (IRS), RIN 1545–BC33 Kentucky Regulatory Program
Treasury.
Prohibited Allocations of Securities in AGENCY: Office of Surface Mining
ACTION: Correcting amendment.
an S Corporation; Correction Reclamation and Enforcement (OSM),
SUMMARY: This document contains Interior.
AGENCY: Internal Revenue Service (IRS), ACTION: Final rule.
corrections to (TD 9176), which were
Treasury.
published in the Federal Register on
ACTION: Correcting amendment. SUMMARY: This final rule removes a
Tuesday, January 25, 2005 (70 FR 3475).
These final regulations would modify suspension notation from our
SUMMARY: This document corrects
the circumstances under which certain regulations pertaining to the Kentucky
temporary regulations (TD 9164) that regulatory program (the ‘‘Kentucky
forms of distribution previously were published in the Federal Register
available are permitted to be eliminated program’’). The suspension prohibited
on Friday, December 17, 2004 (69 FR the issuance of new financial guarantees
from qualified defined contribution 75455) concerning requirements for
plans. by the Kentucky Bond Pool because of
employee stock ownership plans insufficient funds that had resulted from
DATES: This correction is effective (ESOPs) holding stock of Subchapter S the transfer of funds out of the bond
January 25, 2005. corporations. pool. Kentucky has reimbursed its bond
FOR FURTHER INFORMATION CONTACT: DATES: This document is effective on pool and the suspension notation
Vernon S. Carter at (202) 622–6060 (not December 17, 2004. concerning that issue is being removed
a toll-free number). FOR FURTHER INFORMATION CONTACT: John because it is no longer necessary.
SUPPLEMENTARY INFORMATION: T. Ricotta, (202) 622–6060 (not a toll- EFFECTIVE DATE: March 8, 2005.
free number).
Background FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
William J. Kovacic, Telephone: (859)
The final regulations (TD 9176) that Background 260–8400. Telefax number: (859) 260–
are the subject of these corrections are 8410.
under section 411(d)(6) of the Internal The temporary regulations (TD 9164)
Revenue Code. that is the subject of this correction are SUPPLEMENTARY INFORMATION:
under section 409(p). I. Background on the Kentucky Program
Need for Correction II. Submission Information
Need for Correction
As published, TD 9176 contains errors III. OSM’s Findings
that may prove to be misleading and are As published, the temporary IV. Procedural Determinations
in need of clarification. regulations (TD 9164) contain errors that
may prove to be misleading and are in I. Background on the Kentucky
List of Subjects in 26 CFR Part 1 need of clarification. Program
Income taxes, Reporting and List of Subjects in 26 CFR Parts 1 Section 503(a) of the Act permits a
recordkeeping requirements. State to assume primacy for the
Income Taxes, Reporting and regulation of surface coal mining and
Correction of Publication recordkeeping requirements. reclamation operations on non-Federal
■ Accordingly, 26 CFR part 1 is corrected Correction of Publication and non-Indian lands within its borders
by making the following correcting by demonstrating that its State program
■ Accordingly, 26 CFR part 1 is corrected includes, among other things, ‘‘a State
amendments: by making the following correcting law which provides for the regulation of
PART 1—INCOME TAXES amendment: surface coal mining and reclamation
operations in accordance with the
■ Paragraph 1. The authority citation for PART 1—INCOME TAXES
requirements of the Act * * *; and
part 1 continues to read in part as ■ Paragraph 1. The authority citation for rules and regulations consistent with
follows: part 1 and continues to read in part as regulations issued by the Secretary
Authority: 26 U.S.C. 7805 * * *. follows: pursuant to the Act.’’ See 30 U.S.C.

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