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

###### Food and Drug Administration

          - 21 CFR Part 522
          - [Docket No. FDA-2009-N-0665]

# AGENCY:

Food and Drug Administration, HHS.

# ACTION:

Final rule; technical amendment.

# SUMMARY:

                        The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect                               ( print page 53165)                            approval of a supplemental new animal drug application (NADA) filed by Pfizer, Inc. The supplemental NADA provides for veterinary prescription use of tulathromycin injectable solution for the control of swine respiratory disease (SRD) in groups of pigs where SRD has been diagnosed.                    

# DATES:

This rule is effective October 16, 2009.

# 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:

                    Pfizer, Inc., 235 East 42d St., New York, NY 10017, filed a supplement to NADA 141-244 for DRAXXIN (tulathromycin) Injectable Solution. The supplemental NADA provides for the use of tulathromycin injectable solution for control of SRD associated with                     *Actinobacillus pleuropneumoniae*,                     *Pasteurella multocida*, and                     *Mycoplasma hyopneumoniae*                     in groups of pigs where SRD has been diagnosed. The application is approved as of September 8, 2009, and the regulations are amended in § 522.2630 (21 CFR 522.2630) to reflect the approval.                

In addition, FDA has noticed that the approved indications for use of this product in cattle (73 FR 58872, October 8, 2008) were inaccurately codified. At this time, § 522.2630 is being amended to correctly describe these indications for use. This action is being taken to improve the accuracy of the regulations.

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(d)(5) 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 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 § 522.2630, revise paragraphs (d)(1)(ii) and (d)(2)(ii) to read as follows: 

§ 522.2630

(d) * * *

(1) * * *

                        (ii)                         *Indications for use*. For the treatment of bovine respiratory disease (BRD) associated with                         *Mannheimia haemolytica*,                         *Pasteurella multocida*,                         *Histophilus somni*, and                         *Mycoplasma bovis*. For the control of respiratory disease in cattle at high risk of developing BRD associated with                         *M. haemolytica*,                         *P. multocida*,                         *H. somni*, and                         *M. bovis*. For the treatment of infectious bovine keratoconjunctivitis associated with                         *Moraxella bovis*. For the treatment of bovine foot rot (interdigital necrobacillosis) associated with                         *Fusobacterium necrophorum*                         and                         *Porphyromonas levii*.                    

(2) * * *

                        (ii)                         *Indications for use*. For the treatment of swine respiratory disease (SRD) associated with                         *Actinobacillus pleuropneumoniae*,                         *P. multocida*,                         *Bordetella bronchiseptica*,                         *Haemophilus parasuis*, and                         *Mycoplasma hyopneumoniae*; and for the control of SRD associated with                         *A. pleuropneumoniae*,                         *P. multocida*, and                         *M. hyopneumoniae*                         in groups of pigs where SRD has been diagnosed.                    

Dated: September 30, 2009.

Steven D. Vaughn,

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

[FR Doc. E9-24882 Filed 10-15-09; 8:45 am]

BILLING CODE 4160-01-S