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Federal Register / Vol. 72, No.

230 / Friday, November 30, 2007 / Notices 67729

vaccine market and would give products and animal health care experience resolving disputes between
Schering-Plough shares of products. In 2006, it had net sales of $20 companies and the USDA.
approximately eighty-five percent and billion. Wyeth’s Fort Dodge Animal Dr. Espeseth is an excellent candidate
seventy-two percent in the markets for Health division offers a broad range of to handle the expected duties and
live fowl cholera vaccine and live MG biological and pharmaceutical products responsibilities of the Interim Monitor
vaccines, respectively. for the companion animal, equine, Trustee in this matter. He has the
The competitive concerns can be livestock, swine and poultry industries. requisite capability and applicable
characterized as unilateral in nature. Significantly, Wyeth already has an knowledge to ensure the proper transfer
Schering-Plough and Organon established poultry vaccine line of the divested assets, oversee the
BioSciences are each other’s closest comprised of internally developed transfer of the relevant technology,
competitors in all of the relevant vaccines as well as several vaccines that monitor the critical manufacturing and
markets. Consumers have benefitted it has acquired and transferred to its supply activities of the Respondent,
from the price competition between manufacturing facilities. Fort Dodge has ensure the Respondent’s compliance
Schering-Plough and Organon its own distribution network and an with the Order and related agreements,
BioSciences. If unremedied, the experienced sales force with existing respond to Commission needs, and
proposed acquisition would likely cause relationships with major poultry perform other related services as may be
higher prices and reduce incentives to producers. The three vaccines being required. Accordingly, the Commission
improve service or product quality, divested to Fort Dodge are all has appointed Dr. Espeseth as the
resulting in significant harm to established products that have been on Interim Monitor Trustee.
consumers in the U.S. markets for these the market for at least two years. Fort The purpose of this analysis is to
vaccines. Dodge has its own manufacturing facilitate public comment on the
The Consent Agreement facilities with excess capacity and proposed Consent Agreement, and it is
intends to bring the manufacturing of all not intended to constitute an official
The proposed Consent Agreement interpretation of the proposed Order or
of the products it is acquiring from
remedies the competitive harm caused to modify its terms in any way.
Schering-Plough in-house. For these
by the proposed transaction. Pursuant to By direction of the Commission.
reasons, Wyeth is a strong buyer that
the Consent Agreement, Schering-
appears well positioned to replace the Donald S. Clark,
Plough must divest or license all of the
competition lost by the acquisition. Secretary.
assets relating to Schering-Plough’s live
vaccine for the Georgia 98 strain of If the Commission determines that [FR Doc. E7–23291 Filed 11–29–07: 8:45 am]
infectious bronchitis (Avimune IB98), Wyeth is not an acceptable acquirer of BILLING CODE 6750–01–S
Intervet’s live fowl cholera vaccine the assets to be divested, the parties
(CHOLERVAC-PM-1) and Schering- must unwind the sale and divest the
Plough’s live MG vaccine (F VAX- Products within six months of the date
DEPARTMENT OF HEALTH AND
MG)(‘‘the assets to be divested’’), to the the Order becomes final to another
HUMAN SERVICES
Fort Dodge division of Wyeth, within Commission-approved acquirer. If the
ten days after the date Schering-Plough parties fail to divest within six months, Meeting of the National Biodefense
acquires Organon BioSciences. The the Commission may appoint a trustee Science Board
assets to be divested include research to divest the Product assets.
The proposed remedy contains AGENCY: Office of the Secretary,
and development, customer, supplier
several provisions to ensure that the Department of Health and Human
and manufacturing contracts and any
divestitures are successful. The Order Services.
intellectual property including existing
licenses, but excluding trademarks. Fort requires Schering-Plough to provide ACTION: Notice.
Dodge plans to bring all manufacturing transitional services to enable the
SUMMARY: As stipulated by the Federal
of the three vaccines in-house to its own Commission-approved acquirer to
Advisory Committee Act, the
manufacturing facilities and to add the obtain all of the necessary approvals
Department of Health and Human
three to its own portfolio of poultry from the USDA. These transitional
Services is hereby giving notice that the
vaccines. While Fort Dodge undertakes services include technology transfer
National Biodefense Science Board
the process of obtaining USDA assistance to manufacture the Products
(NBSB) will be holding its inaugural
regulatory approvals and bringing in substantially the same manner and
meeting. The meeting is open to the
vaccine production in-house, Schering- quality employed or achieved by
public.
Plough will provide Fort Dodge with the Schering-Plough and Akzo-Nobel.
The Commission has appointed Dr. DATES: The meeting will be held on
vaccines pursuant to a supply and
transition services agreement with a David A. Espeseth to oversee the December 17, 2007, from 9 a.m. to 5
term of two years, and an option to implementation of the Order as the p.m., and on December 18, 2007, from
extend it another year, individually for Interim Monitor Trustee. Dr. Espeseth 9 a.m. to 5 p.m.
each of the three vaccines, if required. retired in 1998 from a career at the ADDRESSES: The Ronald Reagan
The acquirer of the divested assets USDA, where his last position was as Building and International Trade
must receive the prior approval of the Special Assistant to the Deputy Center, Atrium Ballroom, 1300
Commission. The Commission’s goal in Administrator of Veterinary Services Pennsylvania Avenue, NW.,
evaluating possible purchasers of and where he spent the majority of his Washington, DC 2004. Phone: 202–312–
divested assets is to maintain the 37 years regulating veterinary biologic 1300.
competitive environment that existed products (vaccines). Today, he is a FOR FURTHER INFORMATION CONTACT:
prior to the acquisition. A proposed consultant to animal health companies, CAPT Leigh A. Sawyer, DVM, MPH,
rwilkins on PROD1PC63 with NOTICES

acquirer of divested assets must not assisting with regulatory issues before Executive Director, National Biodefense
itself present competitive problems. the USDA and technology transfers. Dr. Science Board, Office of the Assistant
Wyeth, headquartered in Madison, Espeseth’s strengths are his strong Secretary for Preparedness and
New Jersey, is a global leader in regulatory background, his experience Response, U.S. Department of Health
pharmaceuticals, consumer health care overseeing technology transfers, and and Human Services, 200 Independence

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67730 Federal Register / Vol. 72, No. 230 / Friday, November 30, 2007 / Notices

Avenue, SW., Room 450G, Washington, DEPARTMENT OF HEALTH AND Dated: November 19, 2007.
DC 20201; 202–205–3815; fax: 202–690– HUMAN SERVICES James Scanlon,
7412; e-mail address: Deputy Assistant Secretary for Planning and
leigh.sawyer@hhs.gov. National Committee on Vital and Health Evaluation (SDP), Office of the Assistant
Statistics: Meeting Secretary for Planning and Evaluation.
SUPPLEMENTARY INFORMATION: Pursuant [FR Doc. 07–5876 Filed 11–29–07; 8:45 am]
to section 319M of the Public Health Pursuant to the Federal Advisory BILLING CODE 4151–05–M
Service Act (42 U.S.C. 247d–7f) as Committee Act, the Department of
added by section 402 of the Pandemic Health and Human Services (HHS)
and All-Hazards Preparedness Act (Pub. announces the following advisory DEPARTMENT OF HEALTH AND
L. 109–417) the Secretary of Health and committee meeting. HUMAN SERVICES
Human Services is required to establish Name: National Committee on Vital and
the National Biodefense Science Board National Toxicology Program (NTP);
Health Statistics (NCVHS). Center for the Evaluation of Risks to
and hold the inaugural meeting of the Time and Date: November 27, 2007 9 a.m.– Human Reproduction (CERHR);
Board prior to December 19, 2007. 3:45 p.m. November 28, 2007 10 a.m.–3 p.m. Announcement of the Availability of
The Board shall provide expert advice Place: Hilton Embassy Row Hotel, 2015 the Bisphenol A Expert Panel Report;
and guidance to the Secretary on Massachusetts Avenue NW., Washington, Request for Public Comment
scientific, technical and other matters of DC, 202–265–1600.
special interest to the Department of Status: Open. AGENCY: National Institute of
Health and Human Services regarding Purpose: At this meeting the Committee Environmental Health Sciences
current and future chemical, biological, will hear presentations and hold discussions (NIEHS); National Institutes of Health
on several health data policy topics. On the (NIH).
nuclear, and radiological (CBRN) agents,
morning and afternoon of the first day the
whether naturally occurring, accidental, ACTION: Announcement of report
Committee will hear updates from the
or deliberate. Department and status reports from its availability and request for comment.
The agenda will include topics related subcommittees as well as a presentation from
to current and future challenges to the Robert Graham Center on harmonizing SUMMARY: CERHR announces the
national preparedness related to CBRN primary care standards. availability of the final bisphenol A
agents, and will include discussions On the morning of the second day the expert panel report on November 26,
regarding matters that the Board will Committee will hear an update from the 2007, from the CERHR Web site (http://
consider in greater depth. A tentative Office of the National Coordinator for Health cerhr.niehs.nih.gov) or in print from
Information Technology (ONCHIT) followed CERHR (see ADDRESSES below). The
schedule will be made available on
by Committee actions on selected topics from expert panel report is an evaluation of
December 2, 2007 at the NBSB Web site,
the subcommittees. In the afternoon there the reproductive and developmental
http://www.hhs.gov/aspr/omsph/nbsb.
will be a follow up discussion to the ONCHIT toxicity of bisphenol A conducted by an
Any member of the public interested presentation and an update from the independent, 12-member expert panel
in presenting oral comments at the subcommittees on current and planned composed of scientists from the public
meeting may notify the Contact person activities. There will be a short discussion of and private sectors convened by
listed on this notice by December 10, future agendas before the meeting adjourns. CERHR. CERHR invites the submission
2007. Interested individuals and The times shown above are for the full of public comments on this report (see
representatives of an organization may Committee meeting. Subcommittee breakout SUPPLEMENTARY INFORMATION below).
submit a letter of intent and a brief sessions are scheduled for late in the The expert panel met twice in public
description of the organization afternoon of the first day in the morning prior session (March 5–7, 2007 and August 6–
represented. Both printed and electronic to the full Committee meeting on the second 8, 2007) to review and revise the draft
copies are requested for the record. In day. Agendas for these breakout sessions will expert panel report and reach
addition, any interested person may file be posted on the NCVHS Web site (URL conclusions regarding whether exposure
below) when available. to bisphenol A is a hazard to human
written comments with the committee.
All written comments must be received FOR FURTHER INFORMATION CONTACT:
development or reproduction. The
prior to December 10, 2007 and should Substantive program information as expert panel also identified data gaps
be sent by e-mail with ‘‘NBSB Public and research needs.
well as summaries of meetings and a
Comment’’ as the subject line or by roster of committee members may be DATES: The final bisphenol A expert
regular mail to the Contact person listed obtained from Marjorie S. Greenberg, panel report will be available for public
above. Individuals who plan to attend Executive Secretary, NCVHS, National comment on November 26, 2007.
and need special assistance, such as Center for Health Statistics, Centers for Written public comments on this report
sign language interpretation or other Disease Control and Prevention, 3311 should be received by January 25, 2008.
reasonable accommodations, should Toledo Road, Room 2402, Hyattsville, ADDRESSES: Comments on the expert
notify the designated Contact person by Maryland 20782, telephone (301) 458– panel report and any other
December 10, 2007. 4245. Information also is available on correspondence should be sent to Dr.
Dated: November 26, 2007. the NCVHS home page of the HHS Web Michael D. Shelby, CERHR Director,
Site: http://www.ncvhs.hhs.gov/, where NIEHS, P.O. Box 12233, MD EC–32,
RADM W. Craig Vanderwagen,
further information including an agenda Research Triangle Park, NC 27709, fax:
Assistant Secretary for Preparedness and will be posted when available. (919) 316–4511, or e-mail:
Response, U.S. Department of Health and
rwilkins on PROD1PC63 with NOTICES

Should you require reasonable shelby@niehs.nih.gov. Courier address:


Human Services.
accommodation, please contact the CDC CERHR, 79 T.W. Alexander Drive,
[FR Doc. 07–5885 Filed 11–29–07; 8:45 am] Building 4401, Room 103, Research
Office of Equal Employment
BILLING CODE 4150–37–M
Opportunity on (301) 458–4EEO (4336) Triangle Park, NC 27709.
as soon as possible. SUPPLEMENTARY INFORMATION:

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