Implantation or Injectable Dosage Form New Animal Drugs; Oxytetracycline Injection, 200 Milligram/Milliliter, 32436-32437 [E6-8694]
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32436
Federal Register / Vol. 71, No. 108 / Tuesday, June 6, 2006 / Rules and Regulations
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that the regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
See the ADDRESSES section for a location
to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
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I
2006–12–04 Viking Air Limited (Formerly
Bombardier, Inc.): Amendment 39–
14629. Docket No. FAA–2006–24966;
Directorate Identifier 2006–NM–049–AD.
Effective Date
(a) This AD becomes effective June 21,
2006.
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16:35 Jun 05, 2006
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Affected ADs
Material Incorporated by Reference
(k) None.
(b) None
Applicability
(c) This AD applies to Viking Air Limited
Model DHC–7–1, DHC–7–100, DHC–7–101,
DHC–7–102, and DHC–7–103 airplanes,
certificated in any category; except airplanes
having serial numbers 3 through 10
inclusive, 12 through 14 inclusive, and 16
through 27 inclusive.
Issued in Renton, Washington, on May 31,
2006.
Jeffrey E. Duven,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 06–5119 Filed 6–5–06; 8:45 am]
BILLING CODE 4910–13–P
Unsafe Condition
(d) This AD results from a report that the
designed life limit for the primary structure
for the affected airplanes is 80,000 total flight
cycles. We are issuing this AD to prevent
continued operation of an airplane beyond its
designed life limit for the primary structure,
which could result in reduced structural
integrity of the airplane.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Airworthiness Limitations Revision
(f) Within 30 days after the effective date
of this AD: Revise the FAA-approved
Airworthiness Limitations section (ALS) of
the Bombardier DHC–7 Dash 7 maintenance
manual and the Dash 7 Series 150
maintenance manual to state the following
(this may be done by inserting a copy of this
AD into the ALS). Thereafter, maintain the
airplane in accordance with the limitations
specified in these maintenance manual
revisions:
‘‘Do not operate the airplane beyond
80,000 total flight cycles.’’
(g) When the statement specified in
paragraph (f) of this AD has been included
in the general revisions of the ALS, the
general revisions may be incorporated into
the ALS and the copy of the AD may be
removed from the ALS.
(h) The airworthiness limitation specified
in paragraph (f) of this AD may be removed
from the maintenance manuals specified in
paragraph (f) of this AD after the Manager,
New York Aircraft Certification Office (ACO),
FAA, approves analysis that substantiates
continued safe operation beyond the
designed life limit of 80,000 total flight
cycles.
Alternative Methods of Compliance
(AMOCs)
(i)(1) The Manager, New York ACO, FAA,
has the authority to approve AMOCs for this
AD, if requested in accordance with the
procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
Related Information
(j) Canadian airworthiness directive CF–
2005–36, dated September 28, 2005, also
addresses the subject of this AD.
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 522
Implantation or Injectable Dosage
Form New Animal Drugs;
Oxytetracycline Injection, 200
Milligram/Milliliter
AGENCY:
Food and Drug Administration,
HHS.
Final rule; technical
amendment.
ACTION:
SUMMARY: The Food and Drug
Administration (FDA) is amending the
animal drug regulations to correct the
indications for use for the 200 milligram
(mg)/milliliter (mL) strength of
oxytetracycline injectable solution used
in beef cattle for the treatment and
control of various bacterial diseases.
This action is being taken to improve
the accuracy of the regulations.
DATES: This rule is effective June 6,
2006.
FOR FURTHER INFORMATION CONTACT:
George K. Haibel, Center for Veterinary
Medicine (HFV–6), Food and Drug
Administration, 7519 Standish Pl.,
Rockville, MD 20855, 240–276–9019, email: george.haibel@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: FDA has
found that the April 1, 2005, edition of
Title 21 parts 500 to 599 of the Code of
Federal Regulations (CFR) does not
accurately reflect the approved
indications for use for the 200 mg/mL
strength of oxytetracycline injectable
solution. Certain indications of use for
the 300 mg/mL strength of
oxytetracycline injectable solution
appear to have been included as an error
in the section for the 200 mg/mL
strength solution during reformatting
(69 FR 31878, June 8, 2004). At this
time, FDA is amending the regulations
in 21 CFR 522.1660a to reflect the
correct approved indications for use.
This action is being taken to improve
the accuracy of the regulations.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
E:\FR\FM\06JNR1.SGM
06JNR1
Federal Register / Vol. 71, No. 108 / Tuesday, June 6, 2006 / Rules and Regulations
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
List of Subjects in 21 CFR Part 522
Animal drugs.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 522 is amended as follows:
I
PART 522—IMPLANTATION OR
INJECTABLE DOSAGE FORM NEW
ANIMAL DRUGS
1. The authority citation for 21 CFR
part 522 continues to read as follows:
I
Authority: 21 U.S.C. 360b.
§ 522.1660a
[Amended]
2. In § 522.1660a, remove paragraphs
(e)(1)(i)(D) and (e)(1)(i)(E).
I
Dated: May 25, 2006.
Stephen F. Sundlof,
Director, Center for Veterinary Medicine.
[FR Doc. E6–8694 Filed 6–5–06; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9265]
RIN 1545–BF48
Guidance Under Section 7874
Regarding Expatriated Entities and
Their Foreign Parents
Internal Revenue Service (IRS),
Treasury.
ACTION: Temporary regulations.
wwhite on PROD1PC61 with RULES
AGENCY:
SUMMARY: This document contains
temporary regulations under section
7874 of the Internal Revenue Code
(Code) relating to the determination of
whether a foreign entity shall be treated
as a surrogate foreign corporation under
section 7874(a)(2)(B) of the Code. The
text of these temporary regulations also
serves as the text of the proposed
regulations (REG–112994–06) set forth
in the notice of proposed rulemaking on
this subject published elsewhere in this
issue of the Federal Register.
DATES: Effective Date: These regulations
are effective June 6, 2006.
Applicability Dates: For dates of
applicability, see § 1.7874–2T(j).
FOR FURTHER INFORMATION CONTACT:
Milton Cahn, 202–622–3860 (not a tollfree number).
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16:35 Jun 05, 2006
Jkt 208001
SUPPLEMENTARY INFORMATION:
Background
A. Section 7874—Overview
This document contains temporary
amendments to 26 CFR part 1 under
section 7874 of the Internal Revenue
Code (Code). Section 7874 provides
rules for expatriated entities and their
surrogate foreign corporations. An
expatriated entity is defined in section
7874(a)(2)(A) as a domestic corporation
or partnership with respect to which a
foreign corporation is a surrogate foreign
corporation, and also as any U.S. person
related (within the meaning of section
267(b) or 707(b)(1)) to such domestic
corporation or partnership.
A foreign corporation is treated as a
surrogate foreign corporation under
section 7874(a)(2)(B), if, pursuant to a
plan or a series of related transactions:
(i) The foreign corporation directly or
indirectly acquires substantially all the
properties held directly or indirectly by
a domestic corporation, or substantially
all the properties constituting a trade or
business of a domestic partnership; (ii)
after the acquisition at least 60 percent
of the stock (by vote or value) of the
foreign corporation is held by (in the
case of an acquisition with respect to a
domestic corporation) former
shareholders of the domestic
corporation by reason of holding stock
in the domestic corporation, or (in the
case of an acquisition with respect to a
domestic partnership) by former
partners of the domestic partnership by
reason of holding a capital or profits
interest in the domestic partnership
(ownership percentage test); and (iii) the
expanded affiliated group that includes
the foreign corporation (EAG) does not
have business activities in the foreign
country in which the foreign
corporation was created or organized
that are substantial when compared to
the total business activities of the EAG.
Section 7874(c)(1) defines the term
expanded affiliated group as an
affiliated group defined in section
1504(a) but without regard to the
exclusion of foreign corporations in
section 1504(b)(3) and with a reduction
of the 80 percent ownership threshold
of section 1504(a) to a more-than-50
percent ownership threshold.
The tax treatment of expatriated
entities and surrogate foreign
corporations varies depending on the
level of owner continuity. If the
percentage of stock (by vote or value) in
the surrogate foreign corporation held
by former owners of the domestic entity,
by reason of holding an interest in the
domestic entity, is 80 percent or more,
the surrogate foreign corporation is
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32437
treated as a domestic corporation for all
purposes of the Code. If such ownership
percentage is 60 percent or more (but
less than 80 percent), the surrogate
foreign corporation is treated as a
foreign corporation but certain income
or gain required to be recognized by the
expatriated entity under section 304,
311(b), 367, 1001, or any other
applicable provision with respect to the
transfer of property (other than
inventory or similar property) or the
license of property cannot be offset by
net operating losses or credits (other
than credits allowed under section 901).
These measures generally apply from
the first date properties are acquired
pursuant to the plan through the end of
the 10-year period following the
completion of the acquisition.
Section 7874(c)(4) provides that
transfers of properties or liabilities
(including by contribution or
distribution) are disregarded if such
transfers are part of a plan a principal
purpose of which is to avoid the
purposes of the section.
The IRS and Treasury Department
have broad authority to issue
regulations under section 7874. Section
7874(c)(6) authorizes the Secretary of
the Treasury to prescribe such
regulations as may be appropriate to
determine whether a corporation is a
surrogate foreign corporation, including
regulations to treat warrants, options,
contracts to acquire stock, convertible
debt interests, and other similar
interests as stock, and to treat stock as
not stock. In addition, under section
7874(g) the Secretary of the Treasury is
authorized to provide regulations
needed to carry out the section. Those
regulations could include guidance
providing adjustments to the
application of the section as are
necessary to prevent the avoidance of
the section, including avoidance
through the use of related persons, passthrough or other non-corporate entities,
or other intermediaries.
The legislative history of section 7874
indicates that the section was intended
to apply to so-called inversion
transactions in which a U.S. parent
corporation of a multinational corporate
group is replaced by a foreign entity.
See H.R. Conf. Rep. No. 108–755, 108th
Cong., 2d Sess., at 568 (Oct. 7, 2004).
The Senate Finance Committee stated
its belief ‘‘that inversion transactions
resulting in a minimal presence in a
foreign country of incorporation are a
means of avoiding U.S. tax and should
be curtailed.’’ S. Rep. No. 108–192,
108th Cong., 1st Sess., at 142 (Nov. 7,
2003). In particular, Congress believed
that such transactions permit
corporations and other entities to
E:\FR\FM\06JNR1.SGM
06JNR1
Agencies
[Federal Register Volume 71, Number 108 (Tuesday, June 6, 2006)]
[Rules and Regulations]
[Pages 32436-32437]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8694]
=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 522
Implantation or Injectable Dosage Form New Animal Drugs;
Oxytetracycline Injection, 200 Milligram/Milliliter
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to correct the indications for use for the 200
milligram (mg)/milliliter (mL) strength of oxytetracycline injectable
solution used in beef cattle for the treatment and control of various
bacterial diseases. This action is being taken to improve the accuracy
of the regulations.
DATES: This rule is effective June 6, 2006.
FOR FURTHER INFORMATION CONTACT: George K. Haibel, Center for
Veterinary Medicine (HFV-6), Food and Drug Administration, 7519
Standish Pl., Rockville, MD 20855, 240-276-9019, e-mail:
george.haibel@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: FDA has found that the April 1, 2005,
edition of Title 21 parts 500 to 599 of the Code of Federal Regulations
(CFR) does not accurately reflect the approved indications for use for
the 200 mg/mL strength of oxytetracycline injectable solution. Certain
indications of use for the 300 mg/mL strength of oxytetracycline
injectable solution appear to have been included as an error in the
section for the 200 mg/mL strength solution during reformatting (69 FR
31878, June 8, 2004). At this time, FDA is amending the regulations in
21 CFR 522.1660a to reflect the correct approved indications for use.
This action is being taken to improve the accuracy of the regulations.
This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
[[Page 32437]]
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.
List of Subjects in 21 CFR Part 522
Animal drugs.
0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 522 is
amended as follows:
PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS
0
1. The authority citation for 21 CFR part 522 continues to read as
follows:
Authority: 21 U.S.C. 360b.
Sec. 522.1660a [Amended]
0
2. In Sec. 522.1660a, remove paragraphs (e)(1)(i)(D) and (e)(1)(i)(E).
Dated: May 25, 2006.
Stephen F. Sundlof,
Director, Center for Veterinary Medicine.
[FR Doc. E6-8694 Filed 6-5-06; 8:45 am]
BILLING CODE 4160-01-S