45874 Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations 

102See Instruction to Item 407(b)(2) of Regulation 

S–K [17 CFR 229.407(b)(2)]. 

103See 1996 Electronics Release, supra note 25 at 

Section II.A.2. We use the term ‘‘printer-friendly’’

to describe a version of a web page that is formatted 

for printing. For example, if a web page includes 

advertising and navigation, those items may be 

removed to format the relevant content for printing 

on standard size paper. 

104For example, Exchange Act Rule 14a–16(c) [17 

CFR 240.14a–16(c)] requires proxy materials to be 

presented in a format convenient for both reading 

online and printing in paper when delivered 

electronically. See the text accompanying note [97] 

supra. See Shareholder Choice Release, supra note 

21, at n. 35: ‘‘We believe that requiring readable and 

printable formats is important so that shareholders 

have meaningful access to the proxy materials.’’

Similarly, proposed Rule 498 under the Securities 

Act would permit the obligation to deliver a 

statutory prospectus relating to a mutual fund to be 

satisfied by sending or giving a summary 

prospectus and providing the statutory prospectus 

online. If provided online, proposed Securities Act 

Rule 498(f)(2)(i) would require that the statutory 

prospectus be presented in a format that is 

‘‘convenient for both reading online and printing on 

paper.’’ See Mutual Fund Summary Prospectus 

Proposing Release, supra note 27, at Section II.B.3. 

and n. 113. 

105See Exchange Act Rule 14a–16(c); Internet 

Proxy Release, supra note 10, at n. 82. 

106See 1996 Electronics Release, supra note 25, 

at Section II.A.2. As we noted in the 2000 

Electronics Release, if special software is required 

in order to view information aimed at investors that 

a company puts on its Web site, we believe the 

company should make a free, downloadable version 

of the software available on the Web site or the site 

should contain information on the location where 

the required software may be downloaded free of 

charge so that all investors can effectively access 

the information provided. In the case of interactive 

data, we have taken a different approach. We have 

proposed that companies that maintain Web sites 

post on their Web sites the same interactive data 

they file or furnish with certain Exchange Act 

reports and Securities Act registration statements. 

We have not proposed, however, that registrants 

also provide interactive data viewers (or 

information on how to obtain viewers) on their Web 

sites. Instead, we have determined to allow third 

parties to develop viewers, anticipating that these 

viewers will, over time, become more readily 

accessible at a little or no cost to investors. The 

Commission makes several interactive data viewers 

available through its Web site at http:// 

www.sec.gov/spotlight/xbrl/xbrlwebapp.shtml. See 

Interactive Data Proposing Releases, supra note 14, 

at Section II.A, and supra note 15. 

failed to disclose its board policy on 

director attendance at the annual 

meeting of security holders on its Web 

site, it would need to do so in its proxy 

statement.102 Hence, companies must 

make sure that their disclosure controls 

and procedures are designed to address 

the disclosure of such information on 

their Web sites. 

On the other hand, disclosure controls 

and procedures do not apply to other 

disclosures of information on a 

company’s Web site. This means that 

the principal executive officer and 

principal financial officer will not be 

disclosing their conclusions regarding 

the effectiveness of any controls that a 

company may have in place regarding 

its Web site disclosure of information, 

other than those controls with respect to 

information that is posted as an 

alternative to being provided in an 

Exchange Act report. That said, other 

disclosures on a company’s Web site are 

subject to antifraud liability, and 

companies also need to consider 

whether such disclosures are in 

compliance with Regulation FD, the 

Securities Act, and the federal proxy 

rules, among others. 

D. Format of Information and 

Readability 

The nature of online information is 

increasingly interactive, not static. The 

inability to print a particular browser 

screen or presentation, particularly one 

designed for interactive viewing and not 

for reading outside the electronic 

context, is not inherently detrimental to 

its readability. We do not think it is 

necessary that information appearing on 

company Web sites satisfy a printerfriendly standard 103 unless our rules 

explicitly require it.104 For example, our 

notice and access model requires that 

electronically posted proxy materials be 

presented in a format ‘‘convenient for 

both reading online and printing on 

paper.’’ 105 Hence, all other information 

on a company’s Web site need not be 

made available in a format comparable 

to paper-based information.106

III. Request for Comment 

We invite interested parties to submit 

written comment on any other 

approaches or issues involved in 

facilitating the use of electronic media, 

including as a result of technological 

developments, to further the disclosure 

purposes of the federal securities laws. 

List of Subjects in 17 CFR Parts 241 and 

271 

Securities. 

Amendment of the Code of Federal 

Regulations 

■ For the reasons set out in the 

preamble, Title 17 Chapter II of the 

Code of Federal Regulations is amended 

as set forth below: 

PART 241—INTERPRETIVE RELEASES 

RELATING TO THE SECURITIES 

EXCHANGE ACT OF 1934 AND 

GENERAL RULES AND REGULATIONS 

THEREUNDER 

■ Part 241 is amended by adding 

Release No. 34–58288 and the release 

date of August 1, 2008, to the list of 

interpretive releases. 

PART 271—INTERPRETIVE RELEASES 

RELATING TO THE INVESTMENT 

COMPANY ACT OF 1940 AND 

GENERAL RULES AND REGULATIONS 

THEREUNDER 

■ Part 271 is amended by adding 

Release No. IC–28351 and the release 

date of August 1, 2008, to the list of 

interpretive releases. 

By the Commission. 

Dated: August 1, 2008. 

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–18148 Filed 8–6–08; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 558 

[Docket No. FDA–2008–N–0039] 

New Animal Drugs For Use in Animal 

Feeds; Oxytetracycline 

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 supplemental new animal 

drug application (NADA) filed by 

Phibro Animal Health. The 

supplemental NADA provides for use of 

oxytetracycline dihydrate in Type C 

medicated feeds for the control of 

mortality in freshwater-reared 

salmonids due to coldwater disease and 

for the control of mortality in 

freshwater-reared Oncorhynchus mykiss 

due to columnaris disease. 

DATES: This rule is effective August 7, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Donald A. Prater, Center for Veterinary 

Medicine (HFV–130), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 240–276–8343, email: donald.prater@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Phibro 

Animal Health, 65 Challenger Rd., 3d 

floor, Ridgefield Park, NJ 07660, filed a 

supplement to NADA 38–439 for 

TERRAMYCIN 200 for Fish 

(oxytetracycline dihydrate) Type A 

medicated article used for control of 

certain bacterial diseases in several 

species of fish and for skeletal marking 

of Pacific salmon. The supplement 

provides for use of oxytetracycline 

dihydrate in Type C medicated feeds for 


rmajette on PRODPC74 with RULES
Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations 45875 

the control of mortality in freshwaterreared salmonids due to coldwater 

disease associated with Flavobacterium 

psychrophilum and for the control of 

mortality in freshwater-reared 

Oncorhynchus mykiss due to 

columnaris disease associated with 

Flavobacterium columnare. The 

supplemental NADA is approved as of 

July 6, 2008, and the regulations are 

amended in 21 CFR 558.450 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. 

Under section 573(c) of the Federal 

Food, Drug, and Cosmetic Act (the act) 

(21 U.S.C. 360ccc–2(c)), this 

supplemental approval qualifies for 7 

years of exclusive marketing rights 

beginning on the date of approval 

because the new animal drug has been 

declared a designated new animal drug 

by FDA under section 573(a) of the act. 

The agency has carefully considered 

the potential environmental impact of 

this action and has concluded that the 

action will not have a significant impact 

on the human environment and that an 

environmental impact statement is not 

required. FDA’s finding of no significant 

impact and the evidence supporting that 

finding, contained in an environmental 

assessment, 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. 

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 § 558.450, in the table in 

paragraph (d)(5)(v), in the ‘‘Limitations’’

column, remove ‘‘; do not administer 

when water temperature is below 9 °C 

(48.2 °F)’’; redesignate paragraph 

(d)(5)(vi) as paragraph (d)(5)(vii); and 

add new paragraph (d)(5)(vi) to read as 

follows: 

§ 558.450 Oxytetracycline. 

* * * * * 

(d) * * * 

(5) * * * 

Oxytetracycline 

amount Indications for use Limitations Sponsor 

* * * * * * * 

(vi) 3.75 g/100 lb of 

fish/day 

1. Freshwater-reared salmonids: For control of 

mortality due to coldwater disease associated 

with Flavobacterium psychrophilum. 

Administer in mixed ration for 10 d; do not liberate 

fish or slaughter fish for food for 21 d following 

the last administration of medicated feed. 

066104 

2. Freshwater-reared Oncorhynchus mykiss: For 

control of mortality due to columnaris disease associated with Flavobacterium columnare. 

Administer in mixed ration for 10 d; do not liberate 

fish or slaughter fish for food for 21 d following 

the last administration of medicated feed. 

066104 

* * * * * * * 

Dated: July 28, 2008. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. E8–18129 Filed 8–6–08; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0470] 

RIN 1625–AA11 

Regulated Navigation Area and Safety 

Zone, Chicago Sanitary and Ship 

Canal, Romeoville, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is revising 

the dates and is reinstating a temporary 

regulated navigation area and safety 

zone on the Chicago Sanitary and Ship 

Canal near Romeoville, IL. This 

regulated navigation area and safety 

zone places navigational and 

operational restrictions on all vessels 

transiting through the electrical 

dispersal barrier IIA. 

DATES: This rule is effective from 

September 03, 2008 to October 15, 2008. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008–

0470 and are available online at 

www.regulations.gov. They are also 

available for inspection or copying at 

two locations: 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, 

and the U.S. Coast Guard Sector Lake 

Michigan, 2420 South Lincoln Memorial 

Drive, Milwaukee, Wisconsin 53207, 

between 8:30 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions regarding this rule 

call CDR Tim Cummins, Deputy 

Prevention Division, Ninth Coast Guard 

District, telephone 216–902–6045. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On July 2, 2008 we published a 

Temporary Final Rule (73 FR 37810). 

This Temporary Final Rule revises dates 

and reinstates the Temporary Final Rule 

published on July 2, 2008. 

Under 5 U.S.C. 553(b)(3)(B), the Coast 

Guard finds that good cause exists for 

not publishing an NPRM. This regulated 

navigation area and safety zone is being 

implemented to ensure continued safe 


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