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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 the original approval of a new animal drug application (NADA) filed by Dechra, Ltd. The NADA provides for the veterinary prescription use of domperidone oral gel for prevention of fescue toxicosis in periparturient mares. 

# DATES:

This rule is effective November 1, 2010. 

# FOR FURTHER INFORMATION CONTACT:

                        Amy L. Omer, Center for Veterinary Medicine (HFV-114), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240-276-8336, e-mail:                         *amy.omer@fda.hhs.gov.*

# SUPPLEMENTARY INFORMATION:

Dechra, Ltd., Dechra House, Jamage Industrial Estate, Talke Pits, Stoke-on-Trent, Staffordshire, ST7 1XW, United Kingdom, filed NADA 141-314 that provides for veterinary prescription use of EQUIDONE (domperidone) Gel for prevention of fescue toxicosis in periparturient mares. The NADA is approved as of September 9, 2010, and the regulations in 21 CFR part 520 are amended by adding § 520.766 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)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(i)), this approval qualifies for 5 years of marketing exclusivity beginning on the date of approval. 

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 520

      - 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 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.

2. Add § 520.766 to read as follows: 

§ 520.766 

                            (a)                             *Specifications.*                             Each milliliter of gel contains 110 milligrams (mg) domperidone.                         

                            (b)                             *Sponsor.*                             See No. 043264 in § 510.600 of this chapter.                         

                            (c)                             *Conditions of use in horses*                            —(1)                             *Amount.*                             Administer 0.5 mg per pound (mg/lb) (1.1 mg/kilogram (kg)) by mouth once daily starting 10 to 15 days prior to the expected foaling date. Treatment may be continued for up to 5 days after foaling if mares are not producing adequate milk.                         

                            (2)                             *Indications for use.*                             For prevention of fescue toxicosis in periparturient mares.                         

                            (3)                             *Limitations.*                             Do not use in horses intended for human consumption. Federal law restricts this drug to use by or on the order of a licensed veterinarian.                        

Dated: October 27, 2010.

Bernadette Dunham, 

Director, Center for Veterinary Medicine.

[FR Doc. 2010-27524 Filed 10-29-10; 8:45 am] 

BILLING CODE 4160-01-P