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

###### Food and Drug Administration

          - 21 CFR Part 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 a supplemental new animal drug application (NADA) filed by Elanco Animal Health, A Division of Eli Lilly & Co. The supplemental NADA provides a dose range for use of an injectable solution of tilmicosin phosphate for treatment of respiratory disease in cattle and additional pathogens for which this therapy is effective.

# DATES:

 This rule is effective March 2, 2010.

# FOR FURTHER INFORMATION CONTACT:

                        Cindy L. Burnsteel, Center for Veterinary Medicine (HFV-130), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240-276-8341, e-mail:                         *cindy.burnsteel@fda.hhs.gov*.                    

# SUPPLEMENTARY INFORMATION:

Elanco Animal Health, A Division of Eli Lilly & Co., Lilly Corporate Center, Indianapolis, IN 46285, filed a supplement to NADA 140-929 for MICOTIL 300 (tilmicosin injection, USP) Injection, available by veterinary prescription for use in the treatment and control of respiratory disease in cattle and the treatment of respiratory disease in sheep. The supplemental NADA establishes a dose range and adds pathogens for which this therapy is effective in the management of bovine respiratory disease. As a consequence of revising the dosage, the preslaughter withdrawal period has been recalculated. The supplemental NADA is approved as of December 30, 2009, and the regulations in 21 CFR 522.2471 are amended 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 512(c)(2)(F)(iii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(iii)), this supplemental approval qualifies for 3 years of marketing exclusivity beginning on the date of approval.

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.

                    This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because                           ( print page 9334)                        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. In § 522.2471, revise paragraphs (e)(1)(i), (e)(1)(ii), and (e)(1)(iii) to read as follows: 

§ 522.2471

(e) * * *

(1) * * *

                        (i)                         *Amount*. 10 to 20 milligrams per kilograms (mg/kg) of body weight as a single subcutaneous injection.                    

                        (ii)                         *Indications for use*. For the treatment of bovine respiratory disease (BRD) associated with                         *Mannheimia haemolytica*,                         *Pasteurella multocida*, and                         *Histophilus somni*. For the control of respiratory disease in cattle at high risk of developing BRD associated with                         *M. haemolytica*.                    

                        (iii)                         *Limitations*. Do not use in female dairy cattle 20 months of age or older. Use of this antibiotic in this class of cattle may cause milk residues. Do not slaughter within 42 days of last treatment.                    

Dated: February 16, 2010.

Steven D. Vaughn,

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

[FR Doc. 2010-4206 Filed 3-1-10; 8:45 am]

BILLING CODE 4160-01-S