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 Department of Health and Human Services Food and Drug Administration 21 CFR Parts 510 and 522
[Docket No. FDA-2010-N-0002]
 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 an original new animal drug application (NADA) filed by Thorn Bioscience LLC. The NADA provides for the use of deslorelin acetate injectable suspension in mares for inducing ovulation.
 DATES: This rule is effective December 28, 2010.
 FOR FURTHER INFORMATION CONTACT:  Amy L. Omer, Center for Veterinary Medicine (HFV-114), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240-276-8336, e-mail: 
                        *amy.omer@fda.hhs.gov*.


SUPPLEMENTARY INFORMATION: Thorn Bioscience LLC, 1044 East Chestnut St., Louisville, KY 40204, filed NADA 141-319 that provides for use of SUCROMATE Equine (deslorelin acetate), an injectable suspension, in mares for inducing ovulation. The NADA is approved as of November 5, 2010, and the regulations are amended in 21 CFR 522.533 to reflect the approval. In addition, Thorn Bioscience LLC has not been previously listed in the animal drug regulations as a sponsor of an approved application. Accordingly, 21 CFR 510.600(c) is being amended to add entries for this firm. 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. The Agency 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. Under section 512(c)(2)(F)(ii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(ii)), this approval qualifies for 3 years of marketing exclusivity beginning on the date of approval. 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 21 CFR Part 510 Administrative practice and procedure
Animal drugs
Labeling
Reporting and recordkeeping requirements 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 parts 510 and 522 are 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.In § 510.600, in the table in paragraph (c)(1) alphabetically add an entry for “Thorn Bioscience LLC”; and in the table in paragraph (c)(2) numerically add an entry for “051330” to read as follows: 
 § 510.600
  (c) * * * (1) * * * Firm name and address
Drug labeler code*    *    *    *    *Thorn Bioscience LLC, 1044 East Chestnut St., Louisville, KY 40204
051330*    *    *    *    *
 (2) * * * Drug labeler code
Firm name and address*    *    *    *    *051330
Thorn Bioscience LLC, 1044 East Chestnut St., Louisville, KY 40204*    *    *    *    *
 PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS
 3.The authority citation for 21 CFR part 522 continues to read as follows: Authority:
                        21 U.S.C. 360b. 4.Revise § 522.533 to read as follows: § 522.533
  (a) 
                            *Specifications*
                            —(1) Each implant contains 2.1 milligrams (mg) deslorelin acetate. (2) Each milliliter (mL) of suspension contains 1.8 mg deslorelin acetate. (b) 
                            *Sponsors.*
                             See sponsor numbers in § 510.600(c) of this chapter as follows: (1) No. 043246 for use of product described in paragraph (a)(1) as in paragraph (c)(1) of this section. (2) No. 051330 for use of product described in paragraph (a)(2) as in paragraph (c)(2) of this section. (c) 
                            *Conditions of use*
                            —(1) 
                            *Horses and ponies*
                            —(i) 
                            *Amount.*
                             One implant per mare subcutaneously in the neck. (ii) 
                            *Indications for use.*
                             For inducing ovulation within 48 hours in estrous mares with an ovarian follicle greater than 30 mL in diameter. (iii) 
                            *Limitations.*
                             Do not use in horses or ponies intended for human consumption. Federal law restricts this drug to use by or on the order of a licensed veterinarian. (2) 
                            *Horses*
                            —(i) 
                            *Amount.*
                             Administer 1.8 mg (1 mL) by intramuscular injection in the neck. (ii) 
                            *Indications for use.*
                             For inducing ovulation within 48 hours in cyclic estrous mares with an ovarian follicle between 30 and 40 mL in diameter. (iii) 
                            *Limitations.*
                             Do not use in horses intended for human consumption. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
 Dated: December 9, 2010. Bernadette Dunham, Director, Center for Veterinary Medicine.


[FR Doc. 2010-32554 Filed 12-27-10; 8:45 am] BILLING CODE 4160-01-P