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###### Department of Health and Human Services

###### Food and Drug Administration

          - 21 CFR Part 522

# 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.; three supplemental abbreviated new animal drug applications (ANADAs) filed by Ivy Laboratories, Division of Ivy Animal Health, Inc.; and a supplemental ANADA filed by Fort Dodge Animal Health, Division of Wyeth.  The supplemental NADAs and ANADAs provide for the addition of statements to labeling of subcutaneous implants containing trenbolone acetate and estradiol warning against the use of these products in calves to be processed for veal.

# DATES:

This rule is effective November 24, 2004.

# FOR FURTHER INFORMATION CONTACT:

                        Eric S. Dubbin, Center for Veterinary Medicine (HFV-126), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-0232, e-mail:                         *edubbin@cvm.fda.gov*.                    

# SUPPLEMENTARY INFORMATION:

Intervet Inc., 29160 Intervet Lane, P.O. Box 318, Millsboro, DE 19966, filed supplements to NADA 140-897 and NADA 140-992 for REVALOR (trenbolone acetate and estradiol) implants.  Ivy Laboratories, Division of Ivy Animal Health, Inc., 8857 Bond St., Overland Park, KS 66214, filed supplements to ANADA 200-221 and ANADA 200-346 for COMPONENT (trenbolone acetate and estradiol) and COMPONENT plus TYLAN (trenbolone acetate and estradiol with tylosin tartrate) implants.  Fort Dodge Animal Health, Division of Wyeth, 800 Fifth St. NW., Fort Dodge, IA 50501, filed a supplement to ANADA 200-367 for SYNOVEX (trenbolone acetate and estradiol) implants.  The supplemental NADAs and ANADAs provide for the addition of statements to labeling warning against the use of these products in calves to be processed for veal.  The supplemental applications are approved as of October 28, 2004, and the regulations are amended in 21 CFR 522.2477 to reflect the approval.  The basis of approval is discussed in the freedom of information summary.

In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), summaries of safety and effectiveness data and information submitted to support approval of these applications 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(a)(1) that these actions are of a type that do 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 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:

# PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS

1.  The authority citation for 21 CFR part 522 continues to read as follows:

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

2.  Section 522.2477 is amended by revising paragraphs (d)(1)(iii), (d)(2)(iii), and (d)(3)(iii) to read as follows: 

§ 522.2477

* * * * *

(d)  * * *

(1)  * * *

                        (iii)                         *Limitations*. Implant subcutaneously in ear only. Do not use in animals intended for subsequent breeding or in dairy animals.  Safety and effectiveness have not been established in veal calves.  A withdrawal period has not been established for this product in preruminating calves.  Do not use in calves to be processed for veal.                    

(2)  * * *

                        (iii)                         *Limitations*. Implant subcutaneously in ear only. Do not use in animals intended for subsequent breeding or in dairy animals.  Safety and effectiveness have not been established in veal calves.  A withdrawal period has not been established for this product in preruminating calves.  Do not use in calves to be processed for veal.                    

(3)  * * *

                        (iii)                         *Limitations*. Implant subcutaneously in ear only. Do not use in animals intended for subsequent breeding or in dairy animals.  Safety and effectiveness have not been established in veal calves.  A withdrawal period has not been established for this product in preruminating calves.  Do not use in calves to be processed for veal.                    

Dated:  November 10, 2004.

Steven D. Vaughn,

Director, Office of New Animal Drug Evaluation, Center for Veterinary Medicine.

[FR Doc. 04-25978 Filed 11-23-04; 8:45 am]

BILLING CODE 4160-01-S