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Federal Register / Vol. 71, No.

189 / Friday, September 29, 2006 / Rules and Regulations 57415

establishing Class E airspace at Butler, § 71.1 [Amended] Social Security Online, at http://
GA (71 FR 43679). This action provides ■ 2. The incorporation by reference in www.socialsecurity.gov.
adequate Class E airspace for IFR 14 CFR 71.1 of Federal Aviation SUPPLEMENTARY INFORMATION: The final
operations at Butler Municipal Airport. Administration Order 7400.9P, Airspace rule published on March 31, 2006 and
Designations for Class E airspace areas Designations and Reporting Points, effective on August 1, 2006 included an
extending upward from 700 feet or more dated September 1, 2006, and effective amendment to the first sentence of
above the surface of the earth are September 15, 2006, is amended as §§ 404.1526(c) and 416.926(c). However,
published in FAA Order 7400.9P, dated follows: before that rule was published, another
September 1, 2006, and effective rule published on March 1, 2006 (71 FR
Paragraph 6005 Class E airspace areas
September 15, 2006, which is extending upward from 700 feet or more 10419) added a new paragraph (c) to
incorporated by reference in 14 CFR above the surface of the earth. each section and redesignated each
part 71.1. The Class E designations former paragraph (c) as paragraph (d).
* * * * *
listed in this document will be We inadvertently failed to change the
published subsequently in the Order. ASO GA E5 Butler, GA [NEW]
designation of paragraph (c) in
Interested parties were invited to Butler Municipal Airport, GA § 404.1526 in the rule published on
participate in this rulemaking (Lat. 32°34′03″ N., long. 84°15′03″ W.) March 31, 2006. (We correctly changed
proceeding by submitting written That airspace extending upward from 700 § 416.926.) Thus, in the Code of Federal
comments on the proposal to the FAA. feet above the surface within a 6.5-mile Regulations, this resulted in a change in
No comments objecting to the proposal radius of Butler Municipal Airport.
§ 404.1526 to the first sentence of the
were received. * * * * * new paragraph (c), not paragraph (d), as
The Rule Issued in College Park, Georgia, on intended. (The first sentence of
September 6, 2006. § 416.926(d) was changed correctly.) To
This amendment to part 71 of the
Barry A. Knight, be sure that there is no confusion as to
Federal Aviation Regulations (14 CFR
Acting Manager, System Support Group, the intended content of either
part 71) establishes Class E airspace at
Eastern Service Center. paragraph, we are printing paragraphs
Butler, GA.
[FR Doc. 06–8313 Filed 9–28–06; 8:45 am] (c) and (d) in their entirety in this
The FAA has determined that this
BILLING CODE 4910–13–M correcting amendment.
proposed regulation only involves an
established body of technical List of Subjects in 20 CFR Part 404
regulations for which frequent and Administrative practice and
routine amendments are necessary to SOCIAL SECURITY ADMINISTRATION
procedure; Blind, Disability benefits;
keep them operationally current. It, Old-Age, Survivors, and Disability
therefore, (1) Is not a ‘‘significant 20 CFR Part 404
Insurance; Reporting and recordkeeping
regulatory action’’ under Executive RIN 0960–AG31 requirements; Social Security.
Order 12866; (2) is not a ‘‘significant
■ Accordingly, 20 CFR part 404 is
rule’’ under DOT Regulatory Policies Administrative Review Process for
Adjudicating Initial Disability Claims; corrected by making the following
and Procedures (44 FR 11034; February
Correction correcting amendment:
26, 1979); and (3) does not warrant
preparation of a Regulatory Evaluation AGENCY: Social Security Administration. PART 404—FEDERAL OLD–AGE,
as the anticipated impact is so minimal. SURVIVORS AND DISABILITY
ACTION: Final rule; correcting
Since this is a routine matter that will INSURANCE (1950– )
amendment.
only affect air traffic procedures and air
navigation, it is certified that this rule, SUMMARY: This document contains a Subpart P—[Amended]
when promulgated, will not have a correction to the final regulations that
significant economic impact on a ■ 1. The authority citation for subpart P
were published in the Federal Register of part 404 continues to read as follows:
substantial number of small entities on March 31, 2006 (71 FR 16424). The
under the criteria of the Regulatory regulations amended our administrative Authority: Secs. 202, 205(a), (b), and (d)–
Flexibility Act. (h), 216(i), 221(a) and (i), 222(c), 223, 225,
review process for applications for
and 702(a)(5) of the Social Security Act (42
List of Subjects in 14 CFR Part 71 benefits that are based on whether you U.S.C. 402, 405(a), (b), and (d)–(h), 416(i),
are disabled under title II of the Social 421(a) and (i), 422(c), 423, 425, and
Airspace, Incorporation by reference, Security Act (the Act), or applications 902(a)(5)); sec. 211(b), Pub. L. 104–193, 110
Navigation (Air). for supplemental security income (SSI) Stat. 2105, 2189.
Adoption of the Amendment payments that are based on whether you
■ 2. Amend § 404.1526 by revising
are disabled or blind under title XVI of
■ In consideration of the foregoing, the paragraphs (c) and (d) to read as follows:
the Act.
Federal Aviation Administration DATES: Effective on August 1, 2006. § 404.1526 Medical Equivalence
amends 14 CFR part 71 as follows:
FOR FURTHER INFORMATION CONTACT: * * * * *
PART 71—DESIGNATION OF CLASS A, Richard Bresnick, Social Insurance (c) What evidence do we consider
CLASS B, CLASS C, CLASS D, AND Specialist, Office of Regulations, Social when we determine if your
CLASS E AIRSPACE AREAS; Security Administration, 100 Altmeyer impairment(s) medically equals a
AIRWAYS; ROUTES; AND REPORTING Building, 6401 Security Boulevard, listing? When we determine if your
POINTS Baltimore, MD 21235–6401, (410) 965– impairment medically equals a listing,
1758 or TTY (410) 966–5609 for we consider all evidence in your case
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■ 1. The authority citation for part 71 information about this notice. For record about your impairment(s) and its
continues to read as follows: information on eligibility or filing for effects on you that is relevant to this
Authority: 49 U.S.C. 106(g); 40103, 40113, benefits, call our national toll-free finding. We do not consider your
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– number, 1–800–772–1213 or TTY 1– vocational factors of age, education, and
1963 Comp., p. 389. 800–325–0778, or visit our internet site, work experience (see, for example,

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57416 Federal Register / Vol. 71, No. 189 / Friday, September 29, 2006 / Rules and Regulations

§ 404.1560(c)(1)). We also consider the Rockville, MD 20855, 301–827–7571, e- § 522.2630 [Amended]


opinion given by one or more medical mail: joan.gotthardt@fda.hhs.gov. ■ 2. In § 522.2630, in paragraph
or psychological consultants designated SUPPLEMENTARY INFORMATION: Pfizer, (d)(1)(ii), remove ‘‘and Histophilus
by the Commissioner. (See § 404.1616.) Inc., 235 East 42d St., New York, NY somni (Haemophilus somnus)’’ and add
(d) Who is a designated medical or 10017, filed a supplement to NADA in its place ‘‘Histophilus somni
psychological consultant? A medical or 141–244 for DRAXXIN (tulathromycin) (Haemophilus somnus), and
psychological consultant designated by Injectable Solution. The supplemental Mycoplasma bovis’’.
the Commissioner includes any medical NADA provides for the addition of a Dated: September 15, 2006.
or psychological consultant employed pathogen, Mycoplasma bovis, to the
or engaged to make medical judgments Steven D. Vaughn,
indication for use of tulathromycin Director, Office of New Animal Drug
by the Social Security Administration, solution in cattle, by subcutaneous Evaluation, Center for Veterinary Medicine.
the Railroad Retirement Board, or a injection, for the treatment of bovine
State agency authorized to make [FR Doc. E6–15965 Filed 9–28–06; 8:45 am]
respiratory disease. The application is
disability determinations, and includes approved as of August 18, 2006, and the
BILLING CODE 4160–01–S

a medical or psychological expert (as regulations are amended in 21 CFR


defined in § 405.5 of this chapter) in 522.2630 to reflect the approval. The
claims adjudicated under the OCCUPATIONAL SAFETY AND
basis of approval is discussed in the
procedures in part 405 of this chapter. HEALTH REVIEW COMMISSION
freedom of information summary.
A medical consultant must be an
In accordance with the freedom of 29 CFR Part 2400
acceptable medical source identified in
information provisions of 21 CFR part
§ 404.1513(a)(1) or (a)(3) through (a)(5).
20 and 21 CFR 514.11(e)(2)(ii), a Regulations Implementing the Privacy
A psychological consultant used in
summary of safety and effectiveness Act of 1974
cases where there is evidence of a
data and information submitted to
mental impairment must be a qualified AGENCY: Occupational Safety and Health
support approval of this application
psychologist. (See § 404.1616 for Review Commission.
may be seen in the Division of Dockets
limitations on what medical consultants ACTION: Final rule.
Management (HFA–305), Food and Drug
who are not physicians can evaluate and
Administration, 5630 Fishers Lane, rm. SUMMARY: The Occupational Safety and
the qualifications we consider necessary
1061, Rockville, MD 20852, between 9 Health Review Commission (OSHRC) is
for a psychologist to be a consultant.)
a.m. and 4 p.m., Monday through amending its regulations implementing
* * * * * Friday. the Privacy Act of 1974, 5 U.S.C. 552a.
Gregory Zwitch, Under section 512(c)(2)(F)(iii) of the The Privacy Act has been amended
Social Security Regulations Officer. Federal Food, Drug, and Cosmetic Act multiple times since OSHRC first
[FR Doc. E6–16074 Filed 9–28–06; 8:45 am] (21 U.S.C. 360b(c)(2)(F)(iii)), this promulgated its regulations in 1979. The
BILLING CODE 4191–02–P
supplemental approval qualifies for 3 amendments to OSHRC’s regulations at
years of marketing exclusivity beginning 29 CFR Part 2400 will assist the agency
August 18, 2006. in complying with the requirements of
The agency has determined under 21 the Privacy Act.
DEPARTMENT OF HEALTH AND CFR 25.33(a)(1) that this action is of a DATES: Effective September 29, 2006.
HUMAN SERVICES type that does not individually or FOR FURTHER INFORMATION CONTACT: Ron
cumulatively have a significant effect on Bailey, Attorney-Advisor, Office of the
Food and Drug Administration the human environment. Therefore, General Counsel, via telephone at (202)
neither an environmental assessment 606–5410, or via e-mail at
21 CFR Part 522 nor an environmental impact statement rbailey@oshrc.gov.
is required.
Implantation or Injectable Dosage SUPPLEMENTARY INFORMATION: OSHRC
Form New Animal Drugs; This rule does not meet the definition published a notice of proposed
Tulathromycin of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because rulemaking on July 28, 2006, 71 FR
it is a rule of ‘‘particular applicability.’’ 42785, which would revise 29 CFR Part
AGENCY: Food and Drug Administration, Therefore, it is not subject to the 2400. Interested persons were afforded
HHS. congressional review requirements in 5 an opportunity to participate in the
ACTION: Final rule. U.S.C. 801–808. rulemaking process through submission
List of Subjects in 21 CFR Part 522 of written comments on the proposed
SUMMARY: The Food and Drug
rule. OSHRC received no public
Administration (FDA) is amending the Animal drugs. comments. We have reviewed the
animal drug regulations to reflect ■ Therefore, under the Federal Food, proposed rule and now adopt it as the
approval of a supplemental new animal Drug, and Cosmetic Act and under agency’s final rule.
drug application (NADA) filed by Pfizer, authority delegated to the Commissioner OSHRC’s regulations at Part 2400
Inc. The supplemental NADA provides of Food and Drugs and redelegated to implementing the Privacy Act of 1974
for the addition of a pathogen to the the Center for Veterinary Medicine, 21 were first promulgated on January 19,
indication for use of tulathromycin in CFR part 522 is amended as follows: 1979, 44 FR 3968. These regulations had
cattle, by injection, for the treatment of not been revised, except for changes
respiratory disease. PART 522—IMPLANTATION OR made to the office address referenced in
DATES: This rule is effective September INJECTABLE DOSAGE FORM NEW §§ 2400.6 and 2400.7, 58 FR 26065,
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29, 2006. ANIMAL DRUGS April 30, 1993. Since 1979, however,
FOR FURTHER INFORMATION CONTACT: Joan the Privacy Act has been amended on
C. Gotthardt, Center for Veterinary ■ 1. The authority citation for 21 CFR numerous occasions. These statutory
Medicine (HFV–130), Food and Drug part 522 continues to read as follows: changes, along with intervening case
Administration, 7500 Standish Pl., Authority: 21 U.S.C. 360b. law, compel OSHRC to amend its

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