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

###### Food and Drug Administration

          - 21 CFR Part 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 luprostiol injectable solution from Intervet, Inc., to Virbac AH, Inc.

# DATES:

This rule is effective May 27, 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:

Intervet Inc., P.O. Box 318, 29160 Intervet Lane, Millsboro, DE 19966, has informed FDA that it has transferred ownership of, and all rights and interest in, NADA 140-857 for EQUESTROLIN (luprostiol) injectable solution to Virbac AH, Inc., 3200 Meacham Blvd., Ft. Worth, TX 76137. Accordingly, the regulations are amended in 21 CFR 522.1290 to reflect the change of sponsorship and a current format.

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 § 522.1290, revise the section heading and paragraphs (a), (b), and (d) to read as follows: 

      ( print page 25147)    
§ 522.1290

                            (a)                             *Specifications*. Each milliliter of solution contains 7.5 milligrams (mg) luprostiol.                        

                            (b)                             *Sponsor*. See No. 051311 in § 510.600(c) of this chapter.                        

* * * * *

                            (d)                             *Conditions of use in horses*                            —(1)                             *Amount*. 7.5 mg by intramuscular injection.                        

(2) Indications for use. For estrus control and termination of pregnancy in mares.

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

Dated: May 12, 2009.

Steven D. Vaughn,

Director, Office of New Animal Drug Evaluation, Center for Veterinary Medicine.

[FR Doc. E9-12269 Filed 5-26-09; 8:45 am]

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