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

###### Food and Drug Administration

          - 21 CFR Part 520
          - [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 new animal drug application (NADA) filed by Intervet, Inc. The NADA provides for the veterinary prescription use of an oral suspension containing orbifloxacin for the treatment of various bacterial infections in dogs and cats.

# DATES:

 This rule is effective May 12, 2010.

# 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:

Intervet, Inc., 56 Livingston Ave., Roseland, NJ 07068, filed NADA 141-305 that provides for veterinary prescription use of ORBAX (orbifloxacin) Oral Suspension for the treatment of various bacterial infections in dogs and cats. The NADA is approved as of March 25, 2010, and the regulations are amended in 21 CFR part 520 by adding new § 520.1618 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.

FDA 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.

Under section 512(c)(2)(F)(ii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(ii)), this approval qualifies for 3 years of marketing exclusivity beginning on the date of approval.

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 520

      - 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 520 is amended as follows:

# PART 520—ORAL DOSAGE FORM NEW ANIMAL DRUGS

1. The authority citation for 21 CFR part 520 continues to read as follows:

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

§ 520.1616

2. Revise the section heading of § 520.1616 to read “Orbifloxacin tablets.”. 

3. Add § 520.1618 to read as follows: 

§ 520.1618

                        (a)                         *Specifications*. Each milliliter of suspension contains 30 milligrams (mg) orbifloxacin.                    

                        (b)                         *Sponsor*. See No. 000061 in 510.600(c) of this chapter.                    

                        (c)                         *Special considerations*. Federal law restricts this drug to use by or on the order of a licensed veterinarian. Federal law prohibits the extralabel use of this drug in food-producing animals.                    

                        (d)                         *Conditions of use*                        —(1)                         *Dogs*                        —(i)                         *Amount*. 1.1 to 3.4 mg/lb (2.5 to 7.5 mg/kg) of body weight once daily.                    

                        (ii)                         *Indications for use*. For the treatment of urinary tract infections (cystitis) in dogs caused by susceptible strains of                         *Staphylococcus pseudintermedius*,                         *Proteus mirabilis*,                         *Escherichia coli,*                         and                         *Enterococcus faecalis*                         and skin and soft tissue infections (wounds and abscesses) in dogs caused by susceptible strains of                         *Staphylococcus pseudintermedius*,                         *Staphylococcus aureus*, coagulase-positive staphylococci,                         *Pasteurella multocida*,                         *Proteus mirabilis*,                         *Pseudomonas*                         spp.,                         *Klebsiella pneumoniae*,                         *E. coli*,                         *Enterobacter*                         spp.,                         *Citrobacter*                         spp.,                         *E. faecalis*, β-hemolytic streptococci (Group G), and                         *Streptococcus equisimilis*.                    

                        (2)                         *Cats*                        —(i)                         *Amount*. 3.4 mg/lb (7.5 mg/kg) of body weight once daily.                    

                        (ii)                         *Indications for use*. For the treatment of skin infections (wounds and abscesses) in cats caused by                               ( print page 26647)                            susceptible strains of                         *S. aureus*,                         *E. coli*, and                         *P. multocida*.                    

Dated: May 6, 2010.

Bernadette Dunham,

Director, Center for Veterinary Medicine.

[FR Doc. 2010-11245 Filed 5-11-10; 8:45 am]

BILLING CODE 4160-01-S