Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

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

###### Food and Drug Administration

          - 21 CFR Part 524
          - [Docket No. FDA-2010-N-0002]

# 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 approval of an abbreviated new animal drug application (ANADA) filed by First Priority, Inc. The supplemental ANADA adds claims for persistent effectiveness against various species of external and internal parasites when cattle are treated with a topical solution of ivermectin.

# DATES:

 This rule is effective May 12, 2010.

# FOR FURTHER INFORMATION CONTACT:

                         John K. Harshman, Center for Veterinary Medicine (HFV-170), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240-276-8197, e-mail:                         *john.harshman@fda.hhs.gov*.                    

# SUPPLEMENTARY INFORMATION:

                    First Priority, Inc., 1590 Todd Farm Dr., Elgin, IL 60123, filed a supplement to ANADA 200-340 for PRIVERMECTIN (ivermectin), a topical solution used on cattle to control infestations of certain species of external and internal parasites. The supplemental ANADA                           ( print page 26648)                        adds claims for persistent effectiveness against various species of external and internal parasites that were approved for the pioneer product with 3 years of marketing exclusivity (69 FR 501, January 6, 2004). The supplemental ANADA is approved as of March 26, 2010, and 21 CFR 524.1193 is amended to reflect the approval.                

In addition, FDA has noticed the regulations do not accurately reflect approved indications for generic products. At this time, the regulations are being revised to reflect which generic products have approved labeling for the durations of persistent effectiveness approved for the pioneer product. FDA is also adding a parasite species that was inadvertently omitted in the previously cited January 6, 2004, final rule. These actions are 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.

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 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 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.

2. In § 524.1193, revise paragraphs (b) and (e)(2) to read as follows: 

§ 524.1193

                        (b)                         *Sponsors*. See sponsors in § 510.600(c) of this chapter for use as in paragraph (e) of this section.                    

(1) Nos. 050604, 055529, 058829 for use as in paragraphs (e)(1), (e)(2)(i), (e)(2)(iii), and (e)(3) of this section.

(2) Nos. 054925, 059130, 061623, and 066916 for use as in paragraphs (e)(1), (e)(2)(i), (e)(2)(ii), and (e)(3) of this section.

(e) * * *

                        (2)                         *Indications for use*                        —(i) It is used for the treatment and control of: Gastrointestinal roundworms (adults and fourth-stage larvae)                         *Ostertagia ostertagi*                         (including inhibited stage),                         *Haemonchus placei*,                         *Trichostrongylus axei*,                         *T. colubriformis*,                         *Cooperia oncophora*,                         *C. punctata*,                         *C. surnabada*,                         *Oesophagostomum radiatum*; (adults)                         *Strongyloides papillosus*,                         *Trichuris*                         spp.; lungworms (adults and fourth-stage larvae)                         *Dictyocaulus viviparus*; cattle grubs (parasitic stages)                         *Hypoderma bovis*,                         *H. lineatum*; mites                         *Sarcoptes scabiei*                         var.                         *bovis*; lice                         *Linognathus vituli*,                         *Haematopinus eurysternus*,                         *Damalinia bovis*,                         *Solenoptes capillatus*; and horn flies                         *Haematobia irritans*.                    

                        (ii) It controls infections and prevents reinfection with                         *O. ostertagi*,                         *O. radiatum*,                         *H. placei*,                         *T. axei*,                         *C. punctata*, and                         *C. oncophora*                         for 14 days after treatment.                    

                        (iii) It controls infections and prevents reinfection with                         *O. radiatum*                         and                         *D. viviparus*                         for 28 days after treatment,                         *C. punctata*                         and                         *T. axei*                         for 21 days after treatment,                         *O. ostertagi*,                         *H. placei*,                         *C. oncophora*, and                         *C. surnabada*                         for 14 days after treatment, and                         *D. bovis*                         for 56 days after treatment.                    

Dated: May 6, 2010.

Bernadette Dunham,

Director, Center for Veterinary Medicine.

[FR Doc. 2010-11244 Filed 5-11-10; 8:45 am]

BILLING CODE 4160-01-S