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14642 Federal Register / Vol. 71, No.

56 / Thursday, March 23, 2006 / Rules and Regulations

Information Collection Statement eLibrary in PDF and Microsoft Word 2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701,
format for viewing, printing, and/or 9701; 42 U.S.C. 7101–7352; 49 U.S.C. 60502;
9. The Office of Management and 49 App. U.S.C. 1085 (1988).
Budget’s (OMB’s) regulations require downloading. To access this document
in eLibrary, type the docket number ■ 2. Section 385.203 is amended by
that OMB approve certain information
excluding the last three digits of this revising paragraph (a)(7) to read as
collection requirements imposed by
document in the docket number field. follows:
agency rule. 5 CFR 1320.12 (2005). This
Final Rule contains no additional 14. User assistance is available for
§ 385.203 Content of pleadings and tariff
information reporting requirements, and eLibrary and the FERC’s Web site during or rate filings (Rule 203).
is not subject to OMB approval. normal business hours. For assistance,
(a) * * *
please contact the Commission’s Online
Environmental Analysis (7) The position taken by the
Support at 1–866–208–3673 (toll free) or
participant filing any pleading, to the
10. The Commission is required to 202–502–6652 (e-mail at
extent known when the pleading is
prepare an Environmental Assessment FERCOnlineSupport@ferc.gov) or the
filed, and the basis in fact and law for
or an Environmental Impact Statement Public Reference Room at (202) 502–
such position;
for any action that may have a 8371, TTY (202) 502–8659. E-Mail the
Public Reference Room at * * * * *
significant adverse effect on the human
public.referenceroom@ferc.gov. ■ 3. Section 385.713 is amended by
environment.7 The Commission has
categorically excluded certain actions revising paragraph (c)(2) to read as
Effective Date follows:
from this requirement as not having a
significant effect on the human 15. These regulations are effective
§ 385.713 Request for rehearing (Rule
environment. Included in the exclusion immediately upon publication in the 713).
are rules that are clarifying, corrective, Federal Register. In accordance with 5
U.S.C. 553(d)(3), the Commission finds * * * * *
or procedural that do not substantially (c) * * *
change the effect of the regulations that good cause exists to make this Final
(2) Conform to the requirements in
being amended. This rule is procedural Rule effective immediately upon
Rule 203(a), which are applicable to
in nature and, therefore, falls under this publication. It concerns only a matter of
pleadings, and, in addition, include a
exception; consequently, no procedure eliminating a requirement
separate section entitled ‘‘Statement of
environmental consideration is affecting formatting of filings.
Issues,’’ listing each issue in a
necessary. 16. The provisions of 5 U.S.C. 801
separately enumerated paragraph that
regarding Congressional review of Final
Regulatory Flexibility Act Certification includes representative Commission
Rules does not apply to this Final Rule,
and court precedent on which the party
11. The Regulatory Flexibility Act of because the rule concerns agency
is relying; any issue not so listed will be
1980 (RFA) 8 generally requires a procedure and practice and will not
deemed waived; and
description and analysis of final rules substantially affect the rights of non-
agency parties. * * * * *
that will have significant economic
17. The Commission is issuing this as [FR Doc. 06–2800 Filed 3–22–06; 8:45 am]
impact on a substantial number of small
entities. The Commission is not a final rule without a period for public BILLING CODE 6717–01–P

required to make such analysis if a rule comment. Under 5 U.S.C. 553(b), notice
would not have such an effect. The and comment procedures are
Commission certifies that this rule will unnecessary where a rulemaking DEPARTMENT OF HEALTH AND
not have such an impact on small concerns only agency procedure and HUMAN SERVICES
entities as it merely clarifies existing practice, or where the agency finds that
requirements. An analysis under the notice and comment is unnecessary. Food and Drug Administration
RFA, therefore, is not required. This rule concerns only a clarification of
a matter of agency procedure and will 21 CFR Part 520
Document Availability not significantly affect regulated entities
or the general public. Oral Dosage Form New Animal Drugs;
12. In addition to publishing the full
Orbifloxacin
text of this document in the Federal List of Subjects in 18 CFR Part 385
Register, the Commission provides all AGENCY: Food and Drug Administration,
interested persons an opportunity to Administrative practice and HHS.
view and/or print the contents of this procedure, Electric utilities, Penalties, ACTION: Final rule.
document via the Internet through Pipelines, Reporting and recordkeeping
FERC’s Home Page (http://www.ferc.gov) requirements. SUMMARY: The Food and Drug
under ‘‘What’s New’’ and in FERC’s By the Commission. Administration (FDA) is amending the
Public Reference Room during normal Magalie R. Salas, animal drug regulations to reflect
business hours (8:30 a.m. to 5 p.m. Secretary.
approval of a supplemental new animal
Eastern time) at 888 First Street, NE., drug application (NADA) filed by
Room 2A, Washington, DC 20426. ■ In consideration of the foregoing, the Schering-Plough Animal Health Corp.
13. From FERC’s Home Page on the Commission amends part 385, Chapter I, The supplemental NADA provides for
Internet, this information is available in Title 18, Code of Federal Regulations, as revised animal safety labeling for
the Commission’s document follows. orbifloxacin tablets used in dogs and
management system, eLibrary. The full cats for the management of diseases
PART 385—RULES OF PRACTICE AND
text of this document is available on associated with susceptible bacteria.
PROCEDURE
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DATES: This rule is effective March 23,


7 Regulations Implementing the National
■ 1. The authority citation for part 385 2006.
Environmental Policy Act, Order No. 486, 52 FR continues to read as follows:
47897 (December 17, 1987), FERC Stats. & Regs. FOR FURTHER INFORMATION CONTACT:
Preambles 1986–1990 ¶ 30,783 (1987). Authority: 5 U.S.C. 551–557; 15 U.S.C. Melanie R. Berson, Center for Veterinary
8 5 U.S.C. 601–612 (1994). 717–717z; 3301–3432; 16 U.S.C. 791a–825r; Medicine (HFV–110), Food and Drug

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Federal Register / Vol. 71, No. 56 / Thursday, March 23, 2006 / Rules and Regulations 14643

Administration, 7500 Standish Pl., § 520.1616 Orbifloxacin. IV. Summary and Disposition of Comments
Rockville, MD 20855, 301–827–7543, e- (a) Specifications. Each tablet V. OSM’s Decision
mail: melanie.berson@fda.hhs.gov. contains 5.7, 22.7, or 68 milligrams (mg) VI. Procedural Determinations

SUPPLEMENTARY INFORMATION: Schering- orbifloxacin. I. Background on the Wyoming Plan


Plough Animal Health Corp., 556 Morris (b) Sponsor. See No. 000061 in
Ave., Summit, NJ 07901, filed a § 510.600(c) of this chapter. The Abandoned Mine Land
supplement to NADA 141–081 for the (c) Conditions of use in dogs and Reclamation Program was established
veterinary prescription use of ORBAX cats—(1) Amount. 2.5 to 7.5 mg per by Title IV of the Act (30 U.S.C. 1201
(orbifloxacin) Tablets for management of kilogram body weight once daily. et seq.) in response to concerns over
diseases in dogs and cats associated (2) Indications for use. For extensive environmental damage caused
with bacteria susceptible to management of diseases associated with by past coal mining activities. The
orbifloxacin. The supplemental NADA bacteria susceptible to orbifloxacin. program is funded by a reclamation fee
provides for revised animal safety (3) Limitations. Federal law restricts collected on each ton of coal that is
labeling, specifically, the addition of this drug to use by or on the order of produced. The money collected is used
postapproval adverse drug experience a licensed veterinarian. Federal law to finance the reclamation of abandoned
information and fluoroquinolone class prohibits the extralabel use of this drug coal mines and for other authorized
statements regarding retinal toxicity in in food producing animals. activities. Section 405 of the Act allows
cats. The supplemental NADA is Dated: March 14, 2006. States and Indian tribes to assume
approved as of March 3, 2006, and the Steven D. Vaughn, exclusive responsibility for reclamation
regulations are amended in 21 CFR Director, Office of New Animal Drug activity within the State or on Indian
520.1616 to reflect a current format. The Evaluation, Center for Veterinary Medicine. lands if they develop and submit to the
basis of approval is discussed in the [FR Doc. 06–2791 Filed 3–22–06; 8:45 am] Secretary of the Interior for approval, a
freedom of information summary. BILLING CODE 4160–01–S
program (often referred to as a plan) for
the reclamation of abandoned coal
In accordance with the freedom of
mines. On February 14, 1983, the
information provisions of 21 CFR part
Secretary of the Interior approved the
20 and 21 CFR 514.11(e)(2)(ii), a DEPARTMENT OF THE INTERIOR Wyoming Plan. You can find general
summary of safety and effectiveness
background information on the
data and information submitted to Office of Surface Mining Reclamation
Wyoming Plan, including the
support approval of this application and Enforcement
Secretary’s findings and the disposition
may be seen in the Division of Dockets
of comments, in the February 14, 1983,
Management (HFA–305), Food and Drug 30 CFR Part 950
Federal Register (48 FR 6536). You can
Administration, 5630 Fishers Lane, rm.
[WY–033–FOR] also find later actions concerning
1061, Rockville, MD 20852, between 9
Wyoming’s Plan and plan amendments
a.m. and 4 p.m., Monday through Wyoming Abandoned Mine Land at 30 CFR 950.35 and outstanding
Friday. Reclamation Plan required amendments at 30 CFR 950.36.
The agency has determined under 21
CFR 25.33(d)(5) that this action is of a AGENCY: Office of Surface Mining II. Submission of the Proposed
type that does not individually or Reclamation and Enforcement, Interior. Amendment
cumulatively have a significant effect on ACTION: Final rule; approval of
the human environment. Therefore, amendment. By letter dated September 1, 2005,
neither an environmental assessment Wyoming sent us an amendment to its
nor an environmental impact statement SUMMARY: We are approving an Plan (Administrative Record No. WY–
is required. amendment to the Wyoming abandoned 038–01) under SMCRA (30 U.S.C. 1201
mine land reclamation (AMLR) plan et seq.). Wyoming sent the amendment
This rule does not meet the definition (hereinafter referred to as the ‘‘Wyoming in response to the required plan
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because Plan’’ or ‘‘Plan’’) under the Surface amendments at 30 CFR 950.36(a) and (b)
it is a rule of ‘‘articular applicability.’’ Mining Control and Reclamation Act of to make its Plan consistent with
Therefore, it is not subject to the 1977 (SMCRA or the Act). Wyoming SMCRA.
congressional review requirements in 5 proposed revisions and additions to its
U.S.C. 801–808. The provisions of the Wyoming Plan
abandoned mine land (AML) Plan by that it proposed to add to or revise were:
List of Subjects in 21 CFR Part 520 removing phrases concerning liens for Wyoming Statute (W.S.) 35–11–1206(a)
reclamation on private lands and by and (b), liens for reclamation on private
■ Therefore, under the Federal Food, removing and adding words concerning lands; and W.S. 35–11–1209, contract
Drug, and Cosmetic Act and under contract eligibility. Wyoming intended eligibility.
authority delegated to the Commissioner to revise its Plan in accordance with the
of Food and Drugs and redelegated to amendments required by OSM to make We announced receipt of the
the Center for Veterinary Medicine, 21 it consistent with SMCRA. proposed amendment in the November
CFR part 520 is amended as follows: 29, 2005, Federal Register (70 FR
DATES: Effective Date: March 23, 2006.
71444). In the same document, we
FOR FURTHER INFORMATION CONTACT: opened the public comment period and
PART 520—ORAL DOSAGE FORM
NEW ANIMAL DRUGS Richard W. Buckley, Acting Field Office provided an opportunity for a public
Director, Telephone: 307/261–6550; E- hearing or meeting on the amendment’s
mail address: RBuckley@osmre.gov. adequacy (Administrative Record No.
■ 1. The authority citation for 21 CFR
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part 520 continues to read as follows: SUPPLEMENTARY INFORMATION: WY–038–4). We did not hold a public
I. Background on the Wyoming Plan hearing or meeting because no one
Authority: 21 U.S.C. 360b.
II. Submission of the Proposed Amendment requested one. The public comment
■ 2. Revise § 520.1616 to read as III. Office of Surface Mining Reclamation and period ended on December 29, 2005. We
follows: Enforcement’s (OSM) Findings did not receive any comments.

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