Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Rules and Regulations 41631 

living. So, 50% of the death gratuity 

will be paid to his spouse and the 

remaining 50% of the death gratuity 

paid under this subpart would be paid 

to John Smith. This means the surviving 

spouse will receive $10,000 and John 

Smith will receive $10,000. 

(2) Example Two. Employee dies in 

circumstances that would qualify her for 

payment of the gratuity under this 

subpart; her agency has paid the 

$10,000 death gratuity pursuant to 

Public Law 104–208. The employee had 

not completed any designation form. 

The FECA death gratuity is reduced by 

the $10,000 death gratuity and 

employee’s spouse receives $90,000. 

(3) Example Three. An employee of 

the Foreign Service whose annual salary 

is $75,000 dies in circumstances that 

would qualify for payment of both the 

Foreign Service Act death gratuity and 

the death gratuity under this subpart. 

Before his death, the employee 

designated that 40% of the death 

gratuity under this subpart be paid to 

his cousin Jane Smith, pursuant to the 

alternate beneficiary designation 

provision at section 10.908 and that 

10% be paid to his uncle John Doe who 

has since died. At the time of his death, 

the employee had no surviving spouse, 

children, parents, or siblings. Therefore, 

the Foreign Service Act death gratuity 

will not be paid, because no eligible 

survivors according to the Foreign 

Service Act provision exist. The death 

gratuity under this subpart would equal 

$100,000, because no other death 

gratuity has been paid, and Jane would 

receive $40,000 according to the 

employee’s designation. As John Doe is 

deceased, no death gratuity may be paid 

pursuant to the designation of a share of 

the death gratuity to him. 

Signed at Washington, DC, this 29th day of 

July 2009. 

Shelby S. Hallmark, 

Acting Assistant Secretary for Employment 

Standards Administration. 

[FR Doc. E9–18523 Filed 8–17–09; 8:45 am] 

BILLING CODE 4510–CF–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 558 

[Docket No. FDA–2009–N–0665] 

New Animal Drugs for Use in Animal 

Feeds; Semduramicin; Virginiamycin 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect 

approval of an original new animal drug 

application (NADA) filed by Phibro 

Animal Health. The NADA provides for 

use of single-ingredient Type A 

medicated articles containing 

semduramyicin (as semduramicin 

sodium biomass) and virginiamycin to 

manufacture 2-way combination drug 

Type C medicated feeds for use in 

broiler chickens. 

DATES: This rule is effective August 18, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Schell, Center for Veterinary 

Medicine (HFV–128), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 240–276–8116, email: timothy.schell@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Phibro 

Animal Health, 65 Challenger Rd., 3d 

floor, Ridgefield Park, NJ 07660, filed 

NADA 141–289 that provides for the use 

of AVIAX II (semduramicin sodium 

biomass) and STAFAC (virginiamycin) 

Type A medicated articles to 

manufacture 2-way combination drug 

Type C medicated feeds for broiler 

chickens. The NADA is approved as of 

July 13, 2009, and the regulations are 

amended in 21 CFR 558.555 to reflect 

the approval. 

In accordance with the freedom of 

information provisions of 21 CFR part 

20 and 21 CFR 514.11(e)(2)(ii), a 

summary of safety and effectiveness 

data and information submitted to 

support approval of this application 

may be seen in the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852, between 9 

a.m. and 4 p.m., Monday through 

Friday. 

The agency has determined under 21 

CFR 25.33 that this action is of a type 

that does not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

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.’’ 

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects in 21 CFR Part 558 

Animal drugs, Animal feeds. 

■ 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 558 is amended as follows: 

PART 558—NEW ANIMAL DRUGS FOR 

USE IN ANIMAL FEEDS 

■ 1. The authority citation for 21 CFR 

part 558 continues to read as follows: 

Authority: 21 U.S.C. 360b, 371. 

■ 2. In § 558.555, add paragraphs (e)(2) 

through (e)(4) to read as follows: 

§ 558.555 Semduramicin. 

* * * * * 

(e) * * * 

Semduramicin in grams 

per ton 

Combination in grams per 

ton Indications for use Limitations Sponsor 

* * * * * * * 

(2) 22.7 Virginiamycin 5 Broiler chickens: As in paragraph 

(e)(1) of this section; for increased rate of weight gain and 

improved feed efficiency. 

Feed continuously as sole ration. 

Withdraw 1 day before slaughter. Do not feed to laying hens. 

Virginiamycin provided by No. 

066104 in § 510.600(c) of this 

chapter. 

066104 


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41632 Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Rules and Regulations 

Semduramicin in grams 

per ton 

Combination in grams per 

ton Indications for use Limitations Sponsor 

(3) 22.7 Virginiamycin 5 to 15 Broiler chickens: As in paragraph 

(e)(1) of this section; for increased rate of weight gain. 

Feed continuously as sole ration. 

Withdraw 1 day before slaughter. Do not feed to laying hens. 

Virginiamycin provided by No. 

066104 in § 510.600(c) of this 

chapter. 

066104 

(4) 22.7 Virginiamycin 20 Broiler chickens: As in paragraph 

(e)(1) of this section; for prevention of necrotic enteritis caused 

by C. perfringens susceptible to 

virginiamycin. 

Feed continuously as sole ration. 

Withdraw 1 day before slaughter. Do not feed to laying hens. 

Virginiamycin provided by No. 

066104 in § 510.600(c) of this 

chapter. 

066104 

Dated: August 12, 2009. 

William T. Flynn, 

Acting Director, Center for Veterinary 

Medicine. 

[FR Doc. E9–19738 Filed 8–17–09; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0101] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Sabine River, Echo, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the regulation governing the operation 

of the Union Pacific Railroad Swing 

Span Bridge across the Sabine River, 

mile 19.3, at Echo, Orange County, TX. 

The bridge currently opens on signal 

with 24 hours advance notice but 

because of the limited number of 

requests for openings, the bridge owner 

requested an increase in the length of 

notification time required to open the 

bridge. 

DATES: This rule is effective September 

17, 2009. 

ADDRESSES: Comments and related 

materials received from the public, as 

well as documents mentioned in this 

preamble as being available in the 

docket, are part of docket USCG–2009– 

0101 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2009–0101 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ This 

material is also available for inspection 

or copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Kay Wade, Bridge 

Administration Branch, Coast Guard; 

telephone 504–671–2128, e-mail 

kay.b.wade@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On March 26, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulation; Sabine River, Echo, TX in 

the Federal Register (74 FR 13164). We 

received 2 comments on the proposed 

rule. No public meeting was requested, 

and none was held. 

Background and Purpose 

Due to a lack of bridge openings 

requested by mariners, Union Pacific 

Railroad Company, the bridge owner, 

requested a change in the operating 

regulation governing the Union Pacific 

railroad swing span bridge across the 

Sabine River, mile 19.3 at Echo, Texas 

from 24 hours advance notice to open 

the bridge to 14 days advance notice to 

open the bridge. This change allows the 

bridge owner to open the bridge for the 

passage of vessels while minimizing his 

requirements to staff and maintain the 

bridge. The bridge has a vertical 

clearance of 7.9 feet above Mean High 

Water (MHW), elevation 2.18 feet NGVD 

in the closed-to-navigation position and 

unlimited in the open-to-navigation 

position. In accordance with 33 CFR 

117.493(a), the bridge is currently 

required to open on signal for the 

passage of marine vessels if at least 24 

hours of advanced notice is given. 

Bridge tender logs indicate no requests 

for bridge openings in several years. 

Discussion of Comments and Changes 

The Coast Guard received a total of 

two comments in response to the 

NPRM. The comments were from 

Federal and State agencies having no 

objections to the proposal. Therefore, no 

change was made to the regulatory text. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

The public will need to notify the 

bridge owner of a required opening 14 

days in advance rather than 24 hours in 

advance. There is no change in the 

regulatory text published in the NPRM. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 


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