Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Rules and Regulations 20727

(c) By order of law. The claimant’s

natural mother or father has not married

the employee, but—

(1) The employee has acknowledged

in writing that the claimant is his or her

son or daughter; or

(2) A court has decreed that the

employee is the mother or father of the

claimant; or

(3) A court has ordered the employee

to contribute to the claimant’s support

because the claimant is the employee’s

son or daughter; and,

(4) Such acknowledgment, court

decree, or court order was made not less

than one year before the employee

became entitled to an annuity, or in the

case of a disability annuitant prior to his

or her most recent period of disability,

or in case the employee is deceased,

prior to his or her death. The written

acknowledgment, court decree, or court

order will be considered to have

occurred on the first day of the month

in which it actually occurred.

(d) Other evidence of relationship.

The claimant’s natural mother or father

has not married the employee, but—

(1) The claimant has submitted

evidence acceptable in the judgment of

the Board, other than that discussed in

paragraph (c) of this section, that the

employee is his or her natural mother or

father; and

(2) The employee was living with the

claimant or contributing to the

claimant’s support, as discussed in

§§ 222.58 and 222.42 of this part,

when—

(i) The spouse applied for an annuity

based on having the employee’s child in

care; or

(ii) The employee’s annuity could

have been increased under the social

security overall minimum provision; or

(iii) The employee died, if the

claimant is applying for a child’s

annuity or lump-sum payment.

(e) Use of state laws—(1) General. To

determine whether a claimant is the

natural child of the employee, the state

inheritance laws regarding whether the

claimant could inherit a child’s share of

the employee’s personal property if he

or she were to die intestate will apply.

If such laws would permit the claimant

to inherit the employee’s personal

property, the claimant will be

considered the child of the employee.

The state inheritance laws where the

employee was domiciled when he or

she died will apply. If the employee’s

domicile was not in one of the 50 states,

the Commonwealth of Puerto Rico, the

Virgin slands, Guam, American Samoa,

or the Northern Mariana Islands, the

laws of the District of Columbia will

apply.

(2) Standards. The Board will not

apply any state inheritance law

requirement that an action to establish

paternity must have been commenced

within a specific time period, measured

from the employee’s death or the child’s

birth, or that an action to establish

paternity must have been commenced or

completed before the employee’s death.

If state laws on inheritance require a

court to determine paternity, the Board

will not require such a determination,

but the Board will decide paternity

using the standard of proof that the state

court would apply as the basis for

making such a determination.

(3) Employee is living. If the employee

is living, the Board will apply the state

law where the employee is domiciled

which was in effect when the annuity

may first be increased under the social

security overall minimum (see part 229

of this chapter). If under a version of

state law in effect at that time, a person

does not qualify as a child of the

employee, the Board will look to all

versions of state law in effect from when

the employee’s annuity may first have

been increased until the Board makes a

final decision, and will apply the

version of state law most favorable to

the employee.

(4) Employee is deceased. The Board

will apply the state law where the

employee was domiciled when he or

she died. The Board will apply the

version of state law in effect at the time

of the final decision on the application

for benefits. If under that version of state

law the claimant does not qualify as the

child of the employee, the Board will

apply the state law in effect when the

employee died, or any version of state

law in effect from the month of potential

entitlement to benefits until a final

determination on the application. The

Board will apply the version most

beneficial to the claimant. The following

rules determine the law in effect as of

the employee’s death:

(i) Any law enacted after the

employee’s death, if that law would

have retroactive application to the

employee’s date of death, will apply; or

(ii) Any law that supersedes a law

declared unconstitutional, that was

considered constitutional on the

employee’s date of death, will apply.

4. A new paragraph (c) is added to

§ 222.33 to read as follows:

§ 222.33 Relationship resulting from legal

adoption.

* * * * *

(c) The adoption laws of the state or

foreign country where the adoption took

place, not the state inheritance laws,

will determine whether the claimant is

the employee’s adopted child.

Dated: April 6, 2000.

By Authority of the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 00–9515 Filed 4–17–00; 8:45 am]

BILLING CODE 7905–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 175 and 176

[Docket No. 99F–0925]

Indirect Food Additives: Adhesives

and Components of Coatings and

Paper and Paperboard Components

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

food additive regulations to provide for

the safe use of 2,2-dibromo-3-

nitrilopropionamide as a preservative

for adhesives and coatings used in the

manufacture of paper and paperboard

intended for contact with food. This

action responds to a petition filed by

The Dow Chemical Co.

DATES: This rule is effective April 18,

2000; submit written objections and

requests for a hearing by May 18, 2000.

ADDRESSES: Submit written objections to

the Dockets Management Branch (HFA–

305), Food and Drug Administration,

5630 Fishers Lane, rm. 1061, Rockville,

MD 20852.

FOR FURTHER INFORMATION CONTACT:

Hortense S. Macon, Center for Food

Safety and Applied Nutrition (HFS–

205), Food and Drug Administration,

200 C St. SW., Washington, DC 20204,

202–418–3086.

SUPPLEMENTARY INFORMATION: In a notice

published in theFederal Register of

April 22,1999 (64 FR 19790), FDA

announced that a food additive petition

(FAP 9B4641) had been filed by The

Dow Chemical Co., Midland, MI 48674.

The petition proposed to amend the

food additive regulations in § 175.105

Adhesives (21 CFR 175.105) and

§ 176.170 Components of paper and

paperboard in contact with aqueous and

fatty foods (21 CFR 176.170) to provide

for the safe use of 2,2-dibromo-3-

nitrilopropionamide as a preservative

for adhesives and coatings in the

manufacture of paper and paperboard

intended for contact with food.

FDA has evaluated the data in the

petition and other relevant material.

Based on this information, the agency

20728 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Rules and Regulations

concludes that: (1) The proposed uses of

the additive are safe, (2) the additive

will achieve its intended technical

effect, and therefore, (3) the regulations

in §§ 175.105 and 176.170 should be

amended as set forth below.

In accordance with § 171.1(h) (21 CFR

171.1(h)), the petition and the

documents that FDA considered and

relied upon in reaching its decision to

approve the petition are available for

inspection at the Center for Food Safety

and Applied Nutrition by appointment

with the information contact person

listed above. As provided in § 171.1(h),

the agency will delete from the

documents any materials that are not

available for public disclosure before

making the documents available for

inspection.

The agency has previously considered

the environmental effects of this final

rule as announced in the notice of filing

for FAP 9B4641 (64 FR 19790). No new

information or comments have been

received that would affect the agency’s

previous determination that there is no

significant impact on the human

environment and that an environmental

impact statement is not required.

This final rule contains no collections

of information. Therefore, clearance by

the Office of Management and Budget

under the Paperwork Reduction Act of

1995 is not required.

Any person who will be adversely

affected by this regulation may at any

time file with the Dockets Management

Branch (address above) written

objections by May 18, 2000. Each

objection shall be separately numbered,

and each numbered objection shall

specify with particularity the provisions

of the regulation to which objection is

made and the grounds for the objection.

Each numbered objection on which a

hearing is requested shall specifically so

state. Failure to request a hearing for

any particular objection shall constitute

a waiver of the right to a hearing on that

objection. Each numbered objection for

which a hearing is requested shall

include a detailed description and

analysis of the specific factual

information intended to be presented in

support of the objection in the event

that a hearing is held. Failure to include

such a description and analysis for any

particular objection shall constitute a

waiver of the right to a hearing on the

objection. Three copies of all documents

are to be submitted and are to be

identified with the docket number

found in brackets in the heading of this

document. Any objections received in

response to the regulation may be seen

in the Dockets Management Branch

between 9 a.m. and 4 p.m., Monday

through Friday.

List of Subjects

21 CFR 175

Adhesives, Food additives, Food

packaging.

21 CFR 176

Food additives, Food packaging.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Director, Center for Food Safety and

Applied Nutrition, 21 CFR parts 175

and 176 are amended as follows:

PART 175—INDIRECT FOOD

ADDITIVES: ADHESIVES AND

COMPONENTS OF COATINGS

1. The authority citation for 21 CFR

part 175 continues to read as follows:

Authority: 21 U.S.C. 321, 342, 348, 379e.

2. Section 175.105 is amended in the

table in paragraph (c)(5) by

alphabetically adding an entry under

the headings ‘‘Substances’’ and

‘‘Limitations’’ to read as follows:

§ 175.105 Adhesives.

* * * * *

(c) * * *

(5) * * *

Substances Limitations

*******

2,2-Dibromo-3-nitrilopropionamide (CAS Reg. No. 10222–01–2). For use as a preservative only.

*******

PART 176—INDIRECT FOOD

ADDITIVES: PAPER AND

PAPERBOARD COMPONENTS

1. The authority citation for 21 CFR

part 176 continues to read as follows:

Authority: 21 U.S.C. 321, 342, 346, 348,

379e.

2. Section 176.170 is amended in the

table in paragraph (a)(5) by

alphabetically adding an entry under

the headings ‘‘List of Substances’’ and

‘‘Limitations’’ to read as follows:

§ 176.170 Components of paper and

paperboard in contact with aqueous and

fatty foods.

* * * * *

(a) * * *

(5) * * *

List of Substances Limitations

*******

2,2-Dibromo-3-nitrilopropionamide (CAS Reg. No.10222–01–2). For use as a preservative at a level not to exceed 100 parts per million

in coating formulations and in component slurries and emulsions,

used in the production of paper and paperboard and coatings for

paper and paperboard.

*******

Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Rules and Regulations 20729

* * * * *

Dated: March 28, 2000.

L. Robert Lake,

Director of Regulations and Policy, Center

for Food Safety and Applied Nutrition.

[FR Doc. 00–9570 Filed 4–17–00; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 510

New Animal Drugs; Change of Sponsor

Address

AGENCY: Food and Drug Administration

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

animal drug regulations to reflect a

change of sponsor address for

International Nutrition, Inc.

DATES: This rule is effective April 18,

2000.

FOR FURTHER INFORMATION CONTACT:

Thomas J. McKay, Center for Veterinary

Medicine (HFV–102), Food and Drug

Administration, 7500 Standish Pl.,

Rockville, MD 20855, 301–827–0213.

SUPPLEMENTARY INFORMATION:

International Nutrition, Inc., 6664 ‘‘L’’

St., Omaha, NE 68117, has informed

FDA of a change of sponsor address to

7706 ‘I’ Plaza, Omaha, NE 68127.

Accordingly, the agency is amending

the regulations in 21 CFR 510.600(c)(1)

and (c)(2) to reflect the change of

sponsor address.

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

congressional review requirements in 5

U.S.C. 801–808.

List of Subjects in 21 CFR Part 510

Administrative practice and

procedure, Animal drugs, Labeling,

Reporting and recordkeeping

requirements.

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 510 is amended as follows:

PART 510—NEW ANIMAL DRUGS

1. The authority citation for 21 CFR

part 510 continues to read as follows:

Authority: 21 U.S.C. 321, 331, 351, 352,

353, 360b, 371, 379e.

2. Section 510.600 is amended in the

table in paragraph (c)(1) by revising the

entry for ‘‘International Nutrition, Inc.’’

and in the table in paragraph (c)(2) by

revising the entry for ‘‘043733’’ to read

as follows:

§ 510.600 Names, addresses, and drug

labeler codes of sponsors of approved

applications.

* * * * *

(c) * * *

(1) * * *

Firm name and address Drug labeler code

*******

International Nutrition, Inc., 7706 ‘I’ Plaza, Omaha, NE 68127 043733

*******

(2) * * *

Drug labeler code Firm name and address

*******

043733 International Nutrition, Inc., 7706 ‘I’ Plaza, Omaha, NE 68127

*******

Dated: March 17, 2000.

Claire M. Lathers,

Director, Office of New Animal Drug

Evaluation, Center for Veterinary Medicine.

[FR Doc. 00–9574 Filed 4–17–00; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 510 and 520

Oral Dosage Form New Animal Drugs;

(S)-methoprene

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 a new animal drug

application (NADA) filed by Wellmark

International. The NADA provides for

oral use of (S)-methoprene for the

prevention and control of flea

populations.

DATES: This rule is effective April 18,

2000.

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.

SUPPLEMENTARY INFORMATION: Wellmark

International, 1000 Tower Rd., suite