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

###### Food and Drug Administration

          - 21 CFR Part 522

# 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 Pfizer, Inc. The supplemental NADA provides for veterinarian prescription use of tulathromycin injectable solution for the treatment of infectious bovine keratoconjunctivitis and the addition of a pathogen to the indication for use for treatment of swine respiratory disease.

# DATES:

 This rule is effective February 1, 2008.

# FOR FURTHER INFORMATION CONTACT:

                         Joan C. Gotthardt, Center for Veterinary Medicine (HFV-130), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240-276-8342, e-mail:                         *joan.gotthardt@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)                           ( print page 6018)                        Injectable Solution. The supplemental NADA provides for treatment of infectious bovine keratoconjunctivitis associated with                     *Moraxella bovis*                     and the addition of a pathogen,                     *Mycoplasma hyopneumoniae*, to the indication for use for treatment of swine respiratory disease. The application is approved as of December 28, 2007, and the regulations are amended in 21 CFR 522.2630 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.

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(a)(1) and (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*, and                         *Histophilus somni*                         (                        *Haemophilus somnus*), 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*; and for the treatment of infectious bovine keratoconjunctivitis (IBK) associated with                         *Moraxella bovis*.                    

* * * * *

(2) * * *

                        (ii)                         *Indications for use*. For the treatment of swine respiratory disease (SRD) associated with                         *Actinobacillus pleuropneumoniae, Pasteurella multocida, Bordetella bronchiseptica, Haemophilus parasuis*, and                         *Mycoplasma hyopneumoniae*.                    

* * * * *

Dated: January 24, 2008.

Bernadette Dunham,

Director, Center for Veterinary Medicine.

[FR Doc. E8-1906 Filed 1-31-08; 8:45 am]

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