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Published Document: 2016-07135 (81 FR 17604)
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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 application-related actions for new animal drug applications (NADAs) and abbreviated new animal drug applications (ANADAs) during November and December 2015. FDA is also informing the public of the availability of summaries of the basis of approval and of environmental review documents, where applicable. The animal drug regulations are also being amended to reflect changes of sponsorship of applications that occurred in November and December 2015.
DATES:
This rule is effective March 30, 2016.
FOR FURTHER INFORMATION CONTACT:
George K. Haibel, Center for Veterinary Medicine (HFV-6), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-402-5689,
george.haibel@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Approval Actions
FDA is amending the animal drug regulations to reflect approval actions for NADAs and ANADAs during November and December 2015, as listed in table 1. In addition, FDA is informing the public of the availability, where applicable, of documentation of environmental review required under the National Environmental Policy Act (NEPA) and, for actions requiring review of safety or effectiveness data, summaries of the basis of approval (FOI Summaries) under the Freedom of Information Act (FOIA). These public documents 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. Persons with access to the Internet may obtain these documents at the CVM FOIA Electronic Reading Room:
http://www.fda.gov/AboutFDA/CentersOffices/OfficeofFoods/CVM/CVMFOIAElectronicReadingRoom/default.htm.
Marketing exclusivity and patent information may be accessed in FDA's publication, Approved Animal Drug Products Online (Green Book) at:
http://www.fda.gov/AnimalVeterinary/Products/ApprovedAnimalDrugProducts/default.htm.
Table 1—Original and Supplemental NADAs and ANADAs Approved During November and December 2015
File No.
Sponsor
Product name
Action
21 CFR
Section
FOIA
Summary
NEPA
Review
141-453
Alexion Pharmaceuticals, Inc., 33 Hayden Ave., Lexington, MA 02421
hLAL rDNA construct in SBC LAL-C chickens
Original approval for expression of a human gene for recombinant human lysosomal acid lipase (rhLAL) protein in chicken egg whites
528.2010
yes
EA/
FONSI 1
141-456
Orion Corp., Orionintie 1, 02200 Espoo, Finland
SILEO (dexmedetomidine oromucosal gel)
Original approval for the treatment of noise aversion in dogs
529.539
yes
CE 23
141-246
Intervet, Inc., 556 Morris Ave., Summit, NJ 07901
AQUAFLOR (florfenicol) Type A medicated article
Supplemental approval of revised representative labeling for Type C medicated feeds; technical amendments revising the expiration of veterinary feed directives (VFDs) and the description of tolerances for fish
556.283,
558.261
no
CE 24
( printed page 17605)
141-258
Intervet, Inc., 556 Morris Ave., Summit, NJ 07901
ZILMAX (zilpaterol hydrochloride) Type A medicated article
Supplemental approval of a cattle muscle tolerance and of new determinative and confirmatory procedures for residues of zilpaterol in cattle liver and muscle
556.765
yes
CE 24
141-361
Elanco Animal Health, A Division of Eli Lilly & Co., Lilly Corporate Center, Indianapolis, IN 46285
PULMOTIL AC (tilmicosin phosphate) Concentrate Solution
Supplemental approval for the control of swine respiratory disease associated with
Mycoplasma hyopneumoniae
in the presence of Porcine Reproductive and Respiratory Syndrome Virus (PRRSV)
520.2471
yes
EA/
FONSI 1
1
The Agency has carefully considered an environmental assessment (EA) of the potential environmental impact of this action and has made a finding of no significant impact (FONSI).
2
The Agency has determined that this action is categorically excluded (CE) from the requirement to submit an environmental assessment or an environmental impact statement because it is of a type that does not have a significant effect on the human environment.
Bayer HealthCare LLC, Animal Health Division, P.O. Box 390, Shawnee Mission, KS 66201 (Bayer) has informed FDA that it has transferred ownership of, and all rights and interest in, the following approved applications to Cronus Pharma LLC, 2 Tower Center Blvd., Suite 1101, East Brunswick, NJ 08816:
Bayer has also informed FDA that it has transferred ownership of, and all rights and interest in, approved ANADA 200-342 for Pyrantel Pamoate Paste to Farnam Companies, Inc., 301 West Osborn Rd., Phoenix, AZ 85013-3928.
Boehringer Ingelheim Vetmedica, Inc., 2621 North Belt Hwy., St. Joseph, MO 64506-2002 has informed FDA that it has transferred ownership of, and all rights and interest in, the following approved applications to Huvepharma AD, 5th Floor, 3A Nikolay Haitov Str., 1113 Sofia, Bulgaria:
CHLORONEX (chlortetracycline HCl or chlortetracycline bisulfate) Soluble Powder
520.441
122-271 1
SULMET (sulfamethazine) Oblets
520.2260a
122-272 1
SULMET (sulfamethazine sodium) Soluble Powder
520.2261b
1
These NADAs were identified as being affected by guidance for industry #213, “New Animal Drugs and New Animal Drug Combination Products Administered in or on Medicated Feed or Drinking Water of Food-Producing Animals: Recommendations for Drug Sponsors for Voluntarily Aligning Product Use Conditions with GFI #209,” December 2013.
( printed page 17606)
In addition, Novartis Animal Health US, Inc., 3200 Northline Ave., suite 300, Greensboro, NC 27408 (Novartis) has informed FDA that it has transferred ownership of, and all rights and interest in, the following approved applications to Elanco US, Inc., 2500 Innovation Way, Greenfield, IN 46140.
INTERCEPTOR SPECTRUM (milbemycin oxime and praziquantel) Chewable Tablets.
141-437
OSURNIA (florfenicol, betamethasone acetate, and terbinafine) Otic Gel.
141-443
ONSIOR (robenacoxib) Injection.
200-517
ZOBUXA (enrofloxacin) Tablets.
200-519
FLORVIO (florfenicol) 2.3% Concentrate Solution.
As provided in the regulatory text of this document, the animal drug regulations are amended to reflect these changes of sponsorship. Elanco US, Inc., is retaining Novartis' drug labeler code (058198). Accordingly, the animal drug regulations need only be amended in § 510.600(c) to add Elanco US, Inc., who previously was not the sponsor of an approved application. Cronus Pharma LLC will also be added as a new listing. Following these changes of sponsorship, Novartis is no longer the sponsor of an approved application and will be removed from § 510.600(c).
III. Technical Amendments
FDA has noticed the animal drug regulations in 21 CFR part 556 contain tolerances for residues in edible tissues for sulfathiazole, which is no longer the subject of an approved application (79 FR 15540, March 20, 2014). Accordingly, § 556.690 is being removed. FDA has also noticed that the animal drug regulations in 21 CFR 558.4 (§ 558.4) contain assay limits for ronnel and sulfaethoxypyridazine in medicated feed. As there is no longer an approved application for use of either of these drugs in medicated feed, the table for Category II drugs in § 558.4 is being amended to remove assay limits in medicated feed for both drugs. These actions are being taken to improve the accuracy of the regulations.
In addition, FDA is taking this opportunity to revise the spelling of a bacitracin salt to a preferred form, bacitracin methylenedisalicylate, and to correct the spelling of a genus of pathogenic bacteria,
Haemophilus.
These actions are being taken to improve the accuracy of the regulations.
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.
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 parts 510, 520, 522, 524, 528, 529, 556, and 558 are amended as follows:
PART 510—NEW ANIMAL DRUGS
1. The authority citation for 21 CFR part 510 continues to read as follows:
2. In § 510.600, in the table in paragraph (c)(1), remove the entry for “Novartis Animal Health US, Inc.” and add entries for “Cronus Pharma LLC” and “Elanco US, Inc.” in alphabetical order; and in the table in paragraph (c)(2), revise the entry for “058198” and add an entry for “069043” in numerical order to read as follows:
6. In § 520.441, in paragraphs (b)(2) and (d)(4)(iii)(C), remove “000010” and in its place add “016592”; and in in paragraphs (d)(1)(i)(A)( 1), (d)(2)(i)(A)(
1), (d)(4)(iii)(B), and (d)(4)(iv)(B), remove “
Hemophilus”
and in its place add “
Haemophilus”.
7. In § 520.443, in paragraph (b), remove “No. 054628” and in its place add “Nos. 016592 and 054628”; and in paragraphs (d)(1)(i), (d)(2)(i), and (d)(3)(i), remove “ Hemophilus”
and in its place add “
Haemophilus”.
10. In § 520.447, in paragraph (b), remove “Nos. 000859, 051311, 054771, 058829, and 061623” and in its place add “Nos. 051311, 054771, 058829, 061623, and 069043”.
(b)
Sponsor.
See No. 069043 in § 510.600(c) of this chapter for use of the product described in paragraph (a)(1) of this section as in paragraph (c)(1) of this section; and for use of the product described in paragraph (a)(2) of this section as in paragraph (c)(2) of this section.
22. In § 520.2345d, in paragraphs (b)(5), (d)(1)(iii), and (d)(2)(iii), remove “000010” and in its place add “016592”; and in paragraphs (d)(1)(ii) and (d)(2)(ii), remove “ Hemophilus”
and in its place add “
Haemophilus”.
( printed page 17608)
23. In § 520.2471, revise paragraph (d)(2) to read as follows:
(2)
Indications for use
—(i) For the control of swine respiratory disease associated with
Pasteurella multocida
and
Haemophilus parasuis
in groups of swine in buildings where a respiratory disease outbreak is diagnosed.
(ii) For the control of swine respiratory disease associated with
Mycoplasma hyopneumoniae
in the presence of Porcine Reproductive and Respiratory Syndrome Virus (PRRSV) in groups of swine in buildings where a respiratory disease outbreak is diagnosed.
* * * * *
PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS
24. The authority citation for 21 CFR part 522 continues to read as follows:
30. In § 520.1662a, in paragraphs (b)(3)(i)( b), (c)(3)(i), (d)(3)(i)(
a), (e)(3)(i)(
b), (g)(3)(i)(
b), and (k)(3)(ii), remove “
Hemophilus”
and in its place add “
Haemophilus”.
Human lysosomal acid lipase recombinant deoxyribonucleic acid construct.
(a)
Specifications.
A single copy of a human lysosomal acid lipase (hLAL) recombinant deoxyribonucleic acid (rDNA) gene construct located at the SYN LAL-C site in chromosome 6 in a specific, diploid line (SBC LAL-C) of hemizygous and homozygous domestic chickens (
Gallus gallus), derived from the lineage progenitor XLL 109.
(b)
Sponsor.
See No. 069334 in § 510.600 of this chapter.
(c)
Conditions of use
—(1)
Intended use.
The gene construct directs the expression of that encoding gene such that recombinant, human lysosomal acid lipase (rhLAL) protein intended for the treatment of human disease is present in SBC LAL-C chicken egg whites.
(2)
Limitations.
Food or feed from XLL 109 chickens is not permitted in the food or feed supply.
PART 529—CERTAIN OTHER DOSAGE FORM NEW ANIMAL DRUGS
36. The authority citation for 21 CFR part 529 continues to read as follows:
39. In § 556.70, in paragraph (b), remove “methylene disalicylate” and in its place add “methylenedisalicylate”; and add paragraph (c) to read as follows:
(3)
Freshwater-reared finfish (other than catfish) and salmonids.
The tolerance for florfenicol amine (the marker residue) in muscle/skin (the target tissues) is 1 ppm.
(4)
Catfish.
The tolerance for florfenicol amine (the marker residue) in muscle (the target tissues) is 1 ppm.
44. In § 558.4, in paragraph (d), in the “Category I” table, in the “Drug”
( printed page 17609)
column, remove “Bacitracin methylene disalicylate” and in its place add ” Bacitracin methylenedisalicylate”; and in the “Category II” table, remove the entries for “Ronnel” and “Sulfaethoxypyridazine”.
45. In § 558.55, in paragraph (d)(2)(ii), in the “Combination in grams per ton” and “Limitations” columns, remove “methylene disalicylate” and in its place add “methylenedisalicylate”.
48. In § 558.76, remove paragraph (e)(2), redesignate paragraph (e)(3) as paragraph (e)(2), and revise redesignated paragraph (e)(2) to read as follows:
50. In § 558.175, in paragraph (d)(2), in the “Combination in grams per ton” and “Limitations” columns, remove “methylene disalicylate” and in its place add “methylenedisalicylate”.
51. In § 558.195, in paragraph (e)(1)(ii), in the “Combination in grams/ton” and “Limitations” columns, remove “methylene disalicylate” and in its place add “methylenedisalicylate”.
52. In § 558.198, in paragraphs (d)(1)(ii) and (d)(2)(ii), in the “Combination grams/ton” and “Limitations” columns, remove “methylene disalicylate” and in its place add “methylenedisalicylate”.
53. In § 588.258, in paragraphs (e)(2)(vi) and (vii), in the “Combination in grams per ton” and “Limitations” columns, remove “methylene disalicylate” and in its place add “methylenedisalicylate”.
54. In § 558.261, redesignate paragraphs (c)(2)(i) and (ii) as paragraphs (c)(2)(ii) and (i), respectively, revise redesignated paragraph (c)(2)(ii), and add paragraph (c)(4) to read as follows:
(ii) For fish must not exceed 6 months from the date of issuance.
* * * * *
(4) Type A medicated articles and medicated feeds intended for use in fish shall bear the following: “Not for use in animals intended for breeding purposes. The effects of florfenicol on reproductive performance have not been determined. Toxicity studies in dogs, rats, and mice have associated the use of florfenicol with testicular degeneration and atrophy.”
56. In § 558.300, in paragraphs (e)(2) and (3), in the “Combination in g/ton of feed” column, remove “methylene disalicylate” and in its place add “methylenedisalicylate”; and in paragraph (e)(9), in the “Combination in g/ton of feed ” and “Limitations” columns, remove “methylene disalicylate” and in its place add “methylenedisalicylate”.
57. In § 558.311, in paragraphs (e)(1)(iv) and (x), in the “Limitations” column, remove “methylene disalicylate” and in its place add “methylenedisalicylate”; and in paragraph (e)(1)(xv), in the “Combination in grams per ton” and “Limitations” columns, remove “methylene disalicylate” and in its place add “methylenedisalicylate”.
59. In § 558.363, in paragraphs (d)(1)(iv) introductory text, (d)(1)(iv)(B), and (d)(3)(ii), remove “methylene disalicylate” and in its place add “methylenedisalicylate”.
60. In § 558.366, in paragraph (d), in the “Combination in grams per ton” and “Limitations” columns, remove “methylene disalicylate” wherever it occurs and in its place add “methylenedisalicylate”.
62. In § 558.515, in paragraph (d), in the “Combination in grams per ton” and “Limitations” columns, remove “methylene disalicylate” wherever it occurs and in its place add “methylenedisalicylate”.
63. In § 558.550, in paragraphs (d)(1)(iii)( a), (d)(1)(iii)(
c), (d)(1)(vi)(
a), (d)(1)(xx)(A), (d)(1)(xx)(C), (d)(1)(xxi)(A), (d)(1)(xxi)(C), (d)(3)(ii) introductory text, (d)(3)(ii)(B), (d)(3)(iii) introductory text, (d)(3)(iii)(B), (d)(3)(v) introductory text, and (d)(3)(v)(B), remove “methylene disalicylate” and in its place add “methylenedisalicylate”; and in paragraph (d)(1)(vi)(
c), remove “Bacitracin MD” and in its place add “Bacitracin methylenedisalicylate”.
64. In § 558.555, in paragraph (d)(2), in the “Combination in grams per ton” and “Limitations” columns, remove “methylene disalicylate” and in its place add “methylenedisalicylate”.
65. In § 558.680, in paragraphs (d)(1)(ii), (iii), (iv), (vi), (vii), and (viii) in the “Combination in grams per ton” and “Limitations” columns, remove “methylene disalicylate” and in its place add “methylenedisalicylate”; and in paragraph (d)(2)(ii), in the “Combination in grams per ton” column, remove “methylene disalicylate” and in its place add “methylenedisalicylate”.