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

# DATES:

This rule is effective December 2, 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:

Fort Dodge Animal Health, Division of Wyeth, 800 Fifth St. NW., Fort Dodge, IA 50501, filed a supplement to NADA 009-576 for SYNOVEX C and SYNOVEX S (progesterone and estradiol benzoate).  Ivy Laboratories, Division of Ivy Animal Health, Inc., 8857 Bond St., Overland Park, KS  66214, filed a supplement to NADA 110-315 for COMPONENT E-C and COMPONENT E-S (progesterone and estradiol benzoate), and COMPONENT E-C with TYLAN and COMPONENT E-S with TYLAN (progesterone and estradiol benzoate with tylosin tartrate).  The supplemental NADAs 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 522.1940 to reflect the approval and a current format.  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                           ( print page 70055)                        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 the 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 522.1940 is revised to read as follows: 

§ 522.1940

                        (a)                         *Sponsors*. See sponsors in § 510.600(c) of this chapter for use as in paragraph (c) of this section:                    

(1) No. 000856 for use as in paragraphs (c)(1)(i)(A), (c)(1)(ii), (c)(1)(iii), (c)(2)(i)(A), (c)(2)(ii), (c)(2)(iii), and (c)(3) of this section.

(2) No. 021641 for use as in paragraphs (c)(1) and (c)(2) of this section.

                        (b)                         *Related tolerances*. See §§ 556.240 and 556.540 of this chapter.                    

                        (c)                         *Conditions of use in cattle*.  It is used for implantation as follows:                    

                        (1)                         *Suckling beef calves*                        —(i)                         *Amount*                        —(A) 100 milligrams (mg) progesterone and 10 mg estradiol benzoate (one implant consisting of 4 pellets, each pellet containing 25 mg progesterone and 2.5 mg estradiol benzoate) per implant dose.                    

(B) 100 mg progesterone and 10 mg estradiol benzoate (one implant consisting of 5 pellets, each of 4 pellets containing 25 mg progesterone and 2.5 mg estradiol benzoate, and 1 pellet containing 29 mg tylosin tartrate) per implant dose.

                        (ii)                         *Indications for use*. For increased rate of weight gain.                    

                        (iii)                         *Limitations*. For use in suckling beef calves (at least 45 days of age) up to 400 pounds (lb) of body weight. For subcutaneous ear implantation, one dose per animal. Do not use in bull calves intended for reproduction.  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)                         *Steers*                        —(i)                         *Amount*                        —(A) 200 mg progesterone and 20 mg estradiol benzoate (one implant consisting of 8 pellets, each pellet containing 25 mg progesterone and 2.5 mg estradiol benzoate) per implant dose.                    

(B) 200 mg progesterone and 20 mg estradiol benzoate (one implant consisting of 9 pellets, each of 8 pellets containing 25 mg progesterone and 2.5 mg estradiol benzoate, and 1 pellet containing 29 mg tylosin tartrate) per implant dose.

                        (ii)                         *Indications for use.*                         For increased rate of weight gain and improved feed efficiency.                    

                        (iii)                         *Limitations*. For animals weighing 400 lb or more; for subcutaneous ear implantation, one dose per animal.  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)                         *Steers fed in confinement for slaughter*                        —(i)                         *Amount*.  Reimplant 200 mg progesterone and 20 mg estradiol benzoate on approximately day 70 following an initial implant of 100 mg progesterone and 10 mg estradiol benzoate or 200 mg progesterone and 20 mg estradiol benzoate.                    

                        (ii)                         *Indications for use*.  For additional improvement in rate of weight gain.                    

                        (iii)                         *Limitations*. For subcutaneous ear implantation. 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 23, 2004.

Steven D. Vaughn,

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

[FR Doc. 04-26530 Filed 12-1-04; 8:45 am]

BILLING CODE 4160-01-S