This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

10593 

Vol. 72, No. 46 

Friday, March 9, 2007 

1To view the interim rule and the comments we 

received, go to http://www.regulations.gov, click on 

the ‘‘Advanced Search’’ tab, and select ‘‘Docket 

Search.’’ In the Docket ID field, enter APHIS–2006– 

0149, then click ‘‘Submit.’’ Clicking on the Docket 

ID link in the search results page will produce a list 

of all documents in the docket. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2006–0149] 

Karnal Bunt; Regulated Areas 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: We are adopting as a final 

rule, without change, an interim rule 

that amended the Karnal bunt 

regulations to remove certain areas or 

fields in Maricopa and Pinal Counties, 

AZ, and Archer, Baylor, Knox, 

McCulloch, San Saba, Throckmorton, 

and Young Counties, TX, from the list 

of regulated areas based on our 

determination that those fields or areas 

meet our criteria for release from 

regulation. The interim rule was 

necessary to relieve restrictions that are 

no longer necessary. 

DATES: Effective on March 9, 2007, we 

are adopting as a final rule the interim 

rule published at 71 FR 67432–67436 on 

November 22, 2006. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Vedpal S. Malik, National Karnal Bunt 

Coordinator, Pest Detection and 

Management Programs, PPQ, APHIS, 

4700 River Road, Unit 134, Riverdale, 

MD 20737–1231; (301) 734–3769. 

SUPPLEMENTARY INFORMATION: 

Background 

In an interim rule 1 effective 

November 16, 2006, and published in 

the Federal Register on November 22, 

2007 (71 FR 67432–67436, Docket No. 

APHIS–2006–0149), we amended the 

karnal bunt regulations contained in 

Subpart—Karnal Bunt (7 CFR 301.78 

through 301.78–10) by removing certain 

areas or fields in Maricopa and Pinal 

Counties, AZ, and in Archer, Baylor, 

Knox, McCulloch, San Saba, 

Throckmorton and Young Counties, TX, 

from the list of regulated areas in 

§ 301.89–3(g). That action was based on 

our determination that these fields or 

areas are eligible for release from 

regulation under the criteria in 

§ 301.89–3(f). The interim rule relieved 

restrictions on fields within those areas 

that were no longer necessary. As a 

result of the interim rule, there are no 

longer any regulated areas in Archer, 

McCulloch, and San Saba Counties, TX, 

and the size of the regulated areas in 

each of the four remaining regulated 

Texas counties and in two of the three 

regulated Arizona counties has been 

reduced. 

Comments on the interim rule were 

required to be received on or before 

January 22, 2007. We received two 

comments by that date. The comments 

were from a State agricultural agency 

and a wheat industry group. Both 

commenters supported the interim rule. 

Therefore, for the reasons given in the 

interim rule, we are adopting the 

interim rule as a final rule. 

Note: In the preamble of the interim rule, 

the text of the economic analysis mistakenly 

stated that in 2004, Pinal County, AZ, was 

the largest contributor to the total U.S. wheat 

market of the deregulated counties. 

Throckmorton County, TX, was the largest 

contributor of the listed counties for that 

year. The information given in Table 2 for 

percentage shares of U.S. wheat production 

was correct. 

This action also affirms the 

information contained in the interim 

rule concerning Executive Order 12866 

and the Regulatory Flexibility Act, 

Executive Orders 12372 and 12988, and 

the Paperwork Reduction Act. 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ Accordingly, we are adopting as a 

final rule, without change, the interim 

rule that amended 7 CFR part 301 and 

that was published at 71 FR 67432– 

67436 on November 22, 2006. 

Done in Washington, DC, this 5th day of 

March 2007. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E7–4238 Filed 3–8–07; 8:45 am] 

BILLING CODE 3410–34–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

12 CFR Parts 745 and 747 

Share Insurance Appeals; Clarification 

of Enforcement Authority of the NCUA 

Board 

AGENCY: National Credit Union 

Administration (NCUA). 

ACTION: Final rule. 

SUMMARY: NCUA is issuing a final rule 

to implement amendments to the 

Federal Credit Union Act (FCU Act) 

made by the Financial Services 

Regulatory Relief Act of 2006 (Reg Relief 

Act) enacted by Congress on October 13, 

2006. This final rule amends NCUA’s 

regulations to assure they are consistent 

with the statutory changes made by the 

Reg Relief Act. The final rule adopts the 

amendments as stated in the interim 

final rule issued in November 2006. It 

clarifies: That an appeal from a final 

NCUA Board decision regarding share 

insurance coverage shall be to the 

appropriate Federal District Court; that 

the NCUA Board may terminate the 

share insurance of any insured credit 

union for violation of any condition 

imposed by the Board in connection 

with any action on any application, 

notice, or other request by the credit 

union or an institution-affiliated party; 

and that Orders of Suspension, 

Prohibition and Removal issued by the 

NCUA Board remain effective against 

institution-affiliated parties regardless 

of whether they remain institutionaffiliated parties at the time the Order is 

considered or issued. 

DATES: The interim rule is adopted as 

final April 9, 2007. 


erjones on PRODPC74 with RULES
10594 Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: John 

K. Ianno, Senior Trial Attorney, Office 

of General Counsel, at the above address 

or telephone: (703) 518–6540. 

SUPPLEMENTARY INFORMATION: NCUA 

issued the interim rule published in the 

Federal Register on November 22, 2006 

( 71 FR 67439). 

A. Overview of Comments Received 

NCUA received three comment letters 

regarding the interim final rule. Two 

were from national credit union trade 

associations and a third was from a state 

credit union league. 

In general, each of the commenters 

agreed with the proposed changes. Two 

letters requested that NCUA provide 

examples or issue guidelines to explain 

the circumstances under which the 

NCUA Board might undertake formal 

administrative action in order to 

terminate the insured status of a credit 

union. The Board does not believe it 

would be helpful to try and enumerate 

the various situations when it might 

conclude that it is necessary to institute 

a formal administrative action against a 

particular credit union. Experience 

indicates that each case tends to be fact 

specific. There are many variables that 

influence a decision on what an 

appropriate course of action would be to 

correct a specific problem. Generally the 

Board will begin a formal administrative 

action such as termination of insurance 

only after it has exhausted other 

informal attempts to correct problems 

that have been identified. These less 

formal mechanisms include but are not 

limited to: (1) Action items contained in 

a document of resolution; (2) letters of 

understanding and agreement; (3) 

preliminary warning letters; and (4) 

cease and desist orders. 

One commenter asked that the NCUA 

Board clarify the effective date of the 

change in venue for insurance appeals. 

The Board notes that when enacting the 

Reg Relief Act Congress did not indicate 

what venue would be appropriate for 

pending insurance appeals. Neither the 

text of the statute nor its legislative 

history clearly indicates whether 

petitions for review that were pending 

in the Courts of Appeal before the Act’s 

passage should be reviewed in the 

District Courts under the new provision 

or remain in the Courts of Appeal under 

the old. Because there is no statutory 

provision that would allow a Court of 

Appeals to transfer a pending insurance 

appeal filed prior to the October 13, 

2006 enactment of the statute, the Board 

believes that such cases should remain 

in the Court of Appeals. Venue for 

appeals of NCUA Board insurance 

determinations filed on or after that date 

shall be filed in the appropriate U.S. 

district court. 

B. Insurance Appeals 

The Reg Relief Act amended section 

207(d) of the FCU Act, which addresses 

the resolutions of disputes relating to 

any claim for insurance coverage. 12 

U.S.C. 1787(d). The final rule amends 

the provision in NCUA’s regulations, 12 

CFR 745.203(c), that sets forth the 

appropriate venue for seeking judicial 

review of a final determination by the 

Board relating to a claim for insurance 

coverage. 

The current regulation provides for 

judicial review by the United States 

Court of Appeals for the District of 

Columbia or the court of appeals for the 

Federal circuit where the credit union’s 

principal place of business is located. 

The final rule revises the regulation to 

reflect the statutory change that a final 

agency determination by the Board on a 

claim for insurance coverage is 

reviewable by the United States district 

court for the Federal judicial district 

where the principle place of business of 

the credit union is located. 

C. Expansion of Enforcement Authority 

The Reg Relief Act amended three 

provisions of Section 206 of the FCU 

Act, 12 U.S.C. 1786, to broaden the 

NCUA Board’s authority to take 

enforcement actions for violations of 

conditions imposed in any action on 

any application, notice, or other request 

by a credit union or an institutionaffiliated party. Such violations can 

serve as a basis for cease and desist 

orders, removal and prohibition orders, 

and civil money penalties. Previously 

such enforcement actions could only be 

taken upon a violation of conditions 

imposed in ‘‘the granting of any 

application or other request by the 

credit union.’’ The amendments to 

Sections 747.1 and 202 of NCUA’s 

Regulations conform the language of the 

regulation to that of the FCU Act as 

amended. 

D. Clarification of Suspension, 

Prohibition and Removal Authority 

The Reg Relief Act amended Section 

206(i)(1) of the FCU Act, 12 U.S.C. 

1786(i)(1) to clarify the NCUA Board’s 

authority to issue Orders against 

institution-affiliated parties regardless 

of whether they remain institutionaffiliated parties of a credit union when 

the Order is considered or issued. The 

new statutory language makes clear that 

the NCUA Board has the authority to 

issue the Order even if the subject is no 

longer affiliated with the institution. 

The amendments to Sections 747.303 

and 304 of NCUA’s Regulations conform 

the language of the regulation to that of 

the FCU Act as amended. 

Regulatory Procedures 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

requires NCUA to prepare an analysis to 

describe any significant economic 

impact a rule may have on a substantial 

number of small credit unions, defined 

as those under ten million dollars in 

assets. This rule clarifies NCUA’s 

enforcement authority and identifies the 

appropriate venue for appeals of final 

share insurance determinations. It does 

not impose any additional regulatory 

burden. The interim final amendments 

will not have a significant economic 

impact on a substantial number of small 

credit unions, and, therefore, a 

regulatory flexibility analysis is not 

required. 

Paperwork Reduction Act 

NCUA has determined that the 

interim final rule would not increase 

paperwork requirements under the 

Paperwork Reduction Act of 1995 and 

regulations of the Office of Management 

and Budget. 44 U.S.C. 3501 et seq.; 5 

CFR part 1320. 

Executive Order 13132 

Executive Order 13132 encourages 

independent regulatory agencies to 

consider the impact of their actions on 

state and local interests. In adherence to 

fundamental federalism principles, 

NCUA, an independent regulatory 

agency as defined in 44 U.S.C. 3502(5), 

voluntarily complies with the executive 

order. The final rule will not have 

substantial direct effects on the states, 

on the connection between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. NCUA has 

determined that this rule does not 

constitute a policy that has federalism 

implications for purposes of the 

executive order. 

The Treasury and General Government 

Appropriations Act, 1999—Assessment 

of Federal Regulations and Policies on 

Families 

The NCUA has determined that this 

final rule will not affect family wellbeing within the meaning of section 654 

of the Treasury and General 

Government Appropriations Act, 1999, 

Pub. L. 105–277, 112 Stat. 2681 (1998). 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996, Pub. 

L. 104–121 (SBREFA), provides 


erjones on PRODPC74 with RULES
Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations 10595 

generally for congressional review of 

agency rules. A reporting requirement is 

triggered in instances where NCUA 

issues a final rule as defined by Section 

551 of the APA. 5 U.S.C. 551. NCUA has 

requested a SBREFA determination from 

the Office of Management and Budget, 

which is pending. As required by 

SBREFA, NCUA will file the 

appropriate reports with Congress and 

the General Accounting Office so that 

the final rule may be reviewed. 

List of Subjects 

12 CFR Part 745 

Credit unions, Share insurance. 

12 CFR Part 747 

Administrative practice and 

procedure, Bank deposit insurance, 

Claims, Credit unions, Equal access to 

justice, Investigations, Lawyers, 

Penalties. 

■ Accordingly, NCUA adopts as final 

the interim rule amending 12 CFR parts 

745 and 747. 

By the National Credit Union 

Administration Board on March 1, 2007. 

Mary F. Rupp, 

Secretary of the Board. 

[FR Doc. E7–4225 Filed 3–8–07; 8:45 am] 

BILLING CODE 7535–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 520 

Oral Dosage Form New Animal Drugs; 

Fenbendazole Paste 

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 two supplemental new 

animal drug applications (NADAs) filed 

by Intervet, Inc. The supplemental 

NADAs provide for a revised human 

food safety warning for fenbendazole 

paste, used for the control of various 

internal parasites in horses and cattle. 

DATES: This rule is effective March 9, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Melanie R. Berson, Center for Veterinary 

Medicine (HFV–110), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 301 827 7540, email: melanie.berson@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Intervet, 

Inc., P.O. Box 318, 29160 Intervet Lane, 

Millsboro, DE 19966, filed a supplement 

to NADA 120–648 that provides for use 

of PANACUR (fenbendazole) Paste in 

horses for the control of various internal 

parasites, and to NADA 132–872 that 

provides for use of SAFE-GUARD 

(fenbendazole) Paste in cattle for the 

control of various internal parasites. The 

supplemental NADAs provide for a 

revised human food safety warning on 

product labeling. The supplemental 

NADAs are approved as of February 8, 

2007, and the regulations are amended 

in 21 CFR 520.905c to reflect the 

approval and a current format. 

Approval of these supplemental 

NADAs did not require review of 

additional safety or effectiveness data or 

information. Therefore, a freedom of 

information summary is not required. 

FDA 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 520 

Animal drugs. 

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under the 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR part 520 is amended as follows: 

PART 520—ORAL DOSAGE FORM 

NEW ANIMAL DRUGS 

■ 1. The authority citation for 21 CFR 

part 520 continues to read as follows: 

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

■ 2. Amend § 520.905c as follows: 

■ a. Revise paragraph (a); 

■ b. Redesignate paragraph (d) as 

paragraph (e); 

■ c. Add new paragraph (d); and 

■ d. Revise newly redesignated 

paragraph (e). 

The revisions, redesignation, and 

addition read as follows: 

§ 520.905c Fenbendazole paste. 

(a) Specifications. Each gram of paste 

contains 100 milligrams (mg) 

fenbendazole (10 percent). 

* * * * * 

(d) Special considerations. See 

§ 500.25 of this chapter. 

(e) Conditions of use—(1) Horses—(i) 

Indications for use and amounts—(A) 

For control of large strongyles 

(Strongylus edentatus, S. equinus, S. 

vulgaris), small strongyles, pinworms 

(Oxyuris equi), and ascarids (Parascaris 

equorum): 2.3 mg per pound (/lb) of 

body weight, or for foals and weanlings 

(less than 18 months of age), 4.6 mg/lb 

of body weight. Retreatment at intervals 

of 6 to 8 weeks may be required. 

(B) For control of arteritis caused by 

the fourth-stage larvae of S. vulgaris: 4.6 

mg/lb of body weight daily for 5 days. 

Treatment should be initiated in the 

spring and repeated in 6 months. 

(C) For treatment of encysted mucosal 

cyathostome (small strongyle) larvae 

including early third-stage (hypobiotic), 

late third-stage, and fourth-stage larvae: 

4.6 mg/lb of body weight daily for 5 

consecutive days. 

(D) Fenbendazole paste 10 percent 

may be used concomitantly with 

approved forms of trichlorfon for the 

indications provided in paragraph 

(e)(1)(i)(A) of this section and for 

treating infections of stomach bots as 

provided in § 520.2520. 

(ii) Limitations. Do not use in horses 

intended for human consumption. 

(2) Cattle—(i) Amount. 2.3 mg/lb of 

body weight. Re-treatment may be 

needed after 4 to 6 weeks. 

(ii) Indications for use. For the 

removal and control of lungworms 

(Dictyocaulus viviparus), stomach 

worms (Haemonchus contortus, 

Ostertagia ostertagi, Trichostrongylus 

axei), and intestinal worms 

(Bunostomum phlebotomum, 

Nematodirus helvetianus, Cooperia 

punctata, C. oncophora, 

Trichostrongylus colubriformis, and 

Oesophagostomum radiatum). 

(iii) Limitations. Cattle must not be 

slaughtered within 8 days following last 

treatment. 

Dated: February 28, 2007. 

Steven D. Vaughn, 

Director, Office of New Animal Drug 

Evaluation, Center for Veterinary Medicine. 

[FR Doc. E7–4204 Filed 3–8–07; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 520 

Oral Dosage Form New Animal Drugs; 

Oxfendazole Suspension 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 


erjones on PRODPC74 with RULES