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

###### Food and Drug Administration

          - 21 CFR Parts 510 and 522
          - [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 a change of sponsor for sometribove zinc suspension from Monsanto Co. to Elanco Animal Health, A Division of Eli Lilly & Co.

# DATES:

This rule is effective October 16, 2009.

# FOR FURTHER INFORMATION CONTACT:

                        David R. Newkirk, Center for Veterinary Medicine (HFV-100), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240-276-8307, e-mail:                         *david.newkirk@fda.hhs.gov*.                    

# SUPPLEMENTARY INFORMATION:

Monsanto Co., 800 North Lindbergh Blvd., St. Louis, MO 63167, has informed FDA that it has transferred ownership of, and all rights and interest in, NADA 140-872 for POSILAC (sometribove zinc suspension) to Elanco Animal Health, A Division of Eli Lilly & Co., Lilly Corporate Center, Indianapolis, IN 46285. Accordingly, the regulations are amended in 21 CFR 522.2112 to reflect this change of sponsorship.

Following this change of sponsorship, Monsanto Co. is no longer the sponsor of an approved application. Accordingly, 21 CFR 510.600(c) is being amended to remove the entries for Monsanto Co.

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) remove the entry for “Monsanto Co.”; and in the table in paragraph (c)(2) remove the entry for “000911”. 

# 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.

§ 522.2112

4. In paragraph (b) of § 522.2112, remove “000911” and add in its place “000986”. 

Dated: October 9, 2009.

Bernadette Dunham,

Director, Center for Veterinary Medicine.

[FR Doc. E9-24881 Filed 10-15-09; 8:45 am]

BILLING CODE 4160-01-S