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41958 Federal Register / Vol. 70, No.

139 / Thursday, July 21, 2005 / Rules and Regulations

in any one year.’’ The current threshold § 20.67 Records exempted by other (5 U.S.C. 553). Notice and public
after adjustment for inflation is $115 statutes. procedure are unnecessary because FDA
million, using the most current (2003) Records or information may be is merely correcting nonsubstantive
Implicit Price Deflator for the Gross withheld from public disclosure if a errors.
Domestic Product. FDA does not expect statute specifically allows the Food and
List of Subjects in 21 CFR Part 101
this final rule to result in any 1-year Drug Administration (FDA) to withhold
expenditure that would meet or exceed them. FDA may use another statute to Food labeling, Nutrition, Reporting
this amount. justify withholding records and and recordkeeping requirements.
information only if it absolutely ■ Therefore, under the Federal Food,
VI. Paperwork Reduction Act of 1995
prohibits disclosure, sets forth criteria to Drug, and Cosmetic Act and under
The final rule contains no collections guide our decision on releasing authority delegated to the Commissioner
of information. Therefore, clearance by material, or identifies particular types of of Food and Drugs, 21 CFR part 101 is
the Office of Management and Budget matters to be withheld. amended as follows:
under the Paperwork Reduction Act of ■ 5. Section 20.82 is amended by
1995 is not required. revising paragraph (b)(3) to read as PART 101—FOOD LABELING
List of Subjects in 21 CFR Part 20 follows:
■ 1. The authority citation for 21 CFR
Confidential business information, § 20.82 Discretionary disclosure by the part 101 continues to read as follows:
Courts, Freedom of information, Commissioner. Authority: 15 U.S.C. 1453, 1454, 1455; 21
Government employees. * * * * * U.S.C. 321, 331, 342, 343, 348, 371; 42 U.S.C.
■ Therefore, under the Federal Food, (b) * * * 243, 264, 271.
Drug, and Cosmetic Act and under (3) Prohibited from public disclosure
§ 101.83 [Amended]
authority delegated to the Commissioner under statute.
of Food and Drugs, 21 CFR part 20 is * * * * * ■ 2. Section 101.83 is amended in
amended as follows: paragraph (c)(2)(ii)(A)(2) by removing
Dated: July 13, 2005. ‘‘200 C St. SW., rm. 2831, Washington,
PART 20—PUBLIC INFORMATION Jeffrey Shuren, DC 20204’’ and by adding in its place
Assistant Commissioner for Policy. ‘‘5100 Paint Branch Pkwy., College Park,
■ 1. The authority citation for part 20 [FR Doc. 05–14320 Filed 7–20–05; 8:45 am] MD 20740’’ and in paragraph
continues to read as follows: BILLING CODE 4160–01–S (c)(2)(ii)(B)(2)by removing ‘‘200 C St.,
Authority: 5 U.S.C. 552; 18 U.S.C. 1905; 19 SW., rm. 2831, Washington, DC 20204’’
U.S.C. 2531–2582; 21 U.S.C. 321–393, 1401– and ‘‘200 C St., SW., Washington DC’’
1403; 42 U.S.C. 241, 242, 242a, 242l, 242n, DEPARTMENT OF HEALTH AND and by adding in their place ‘‘5100 Paint
243, 262, 263, 263b–263n, 264, 265, 300u– HUMAN SERVICES Branch Pkwy., College Park, MD 20740’’.
300u–5, 300aa–1.
Food and Drug Administration Dated: July 14, 2005.
■ 2. Section 20.65 is added to read as
Jeffrey Shuren,
follows:
21 CFR Part 101 Assistant Commissioner for Policy.
§ 20.65 National defense and foreign [FR Doc. 05–14328 Filed 7–20–05; 8:45 am]
policy. Change of Address; Technical BILLING CODE 4160–01–S
(a) Records or information may be Amendment
withheld from public disclosure if they AGENCY: Food and Drug Administration,
are: DEPARTMENT OF HEALTH AND
HHS.
(1) Specifically authorized under HUMAN SERVICES
criteria established by an Executive Final rule; technical
ACTION:
order to be kept secret in the interest of amendment. Food and Drug Administration
national defense or foreign policy; and SUMMARY: The Food and Drug
(2) In fact properly classified under 21 CFR Part 558
Administration (FDA) is amending its
such Executive order. regulations to correct an incorrect
(b) [Reserved] New Animal Drugs for Use in Animal
address for the Center for Food Safety Feeds; Roxarsone; Semduramycin
■ 3. Section 20.66 is added to read as and Applied Nutrition (CFSAN). This
follows: action is editorial in nature and is AGENCY: Food and Drug Administration,
intended to improve the accuracy of the HHS.
§ 20.66 Internal personnel rules and
practices. agency’s regulations. Final rule; technical
ACTION:
DATES: This rule is effective July 21, amendment.
Records or information may be
withheld from public disclosure if they 2005.
SUMMARY: The Food and Drug
are related solely to the internal FOR FURTHER INFORMATION CONTACT: Administration (FDA) is correcting the
personnel rules and practices of the Joyce Strong, Office of Policy and single-ingredient roxarsone Type A
Food and Drug Administration (FDA). Planning (HF–27), Food and Drug medicated article that may be used to
Under this exemption, FDA may Administration, 5600 Fishers Lane, formulate three-way, combination drug
withhold records or information about Rockville, MD 20857, 301–827–7010. Type C medicated broiler chicken feeds
routine internal agency practices and SUPPLEMENTARY INFORMATION: FDA is containing semduramicin,
procedures. Under this exemption, the amending its regulations in § 101.83 (21 virginiamycin, and roxarsone under a
agency may also withhold internal CFR 101.83) to reflect the correct new animal drug application (NADA)
records whose release would help some address for CFSAN. recently approved for Phibro Animal
persons circumvent the law. Publication of this document Health. FDA is also amending the
■ 4. Section 20.67 is added to read as constitutes final action on these changes animal drug regulations to reflect two
follows: under the Administrative Procedure Act roxarsone Type A medicated articles

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