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

###### Food and Drug Administration

          - 21 CFR Part 524
          - [Docket No. FDA-2009-N-0665]

# 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 Boehringer Ingelheim Vetmedica, Inc. The supplemental NADA provides for a revised human food safety warning for use of diclofenac sodium topical cream in horses.

# DATES:

 This rule is effective September 16, 2009.

# FOR FURTHER INFORMATION CONTACT:

                         Melanie R. Berson, Center for Veterinary Medicine (HFV-110), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240-276-8337, e-mail:                         *melanie.berson@fda.hhs.gov*.                    

# SUPPLEMENTARY INFORMATION:

Boehringer Ingelheim Vetmedica, Inc., 2621 North Belt Highway, St. Joseph, MO 64506-2002, filed a supplement to NADA 141-186 that provides for use of SURPASS (1% diclofenac sodium) Topical Cream in horses for the control of pain and inflammation associated with osteoarthritis. The supplemental NADA provides for a revised human food safety warning on product labeling. The supplemental NADA is approved as of August 25, 2009, and the regulations are amended in 21 CFR 524.590 to reflect the approval.

Approval of this supplemental NADA did not require review of additional safety or effectiveness data or information. Therefore, a freedom of information summary is not required.

                    The agency has determined under 21 CFR 25.33(d)(1) 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.                          ( print page 47436)    

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 524

      - 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 524 is amended as follows:

# PART 524—OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS

1. The authority citation for 21 CFR part 524 continues to read as follows:

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

§ 524.590

2. In § 524.590, remove the first sentence of paragraph (c)(3) “Not for use in horses intended for food.” and in its place add “Do not use in horses intended for human consumption.”. 

Dated: September 11, 2009.

Bernadette Dunham,

Director, Center for Veterinary Medicine.

[FR Doc. E9-22292 Filed 9-15-09; 8:45 am]

BILLING CODE 4160-01-S