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60550 Federal Register / Vol. 72, No.

206 / Thursday, October 25, 2007 / Rules and Regulations

§ 1301.56 Final determination. supplement to NADA 140–958 that DEPARTMENT OF HEALTH AND
The General Counsel makes the final provides for use of EQUIPHEN HUMAN SERVICES
determination whether a demand for (phenylbutazone) Paste in horses for
testimony or production of records or relief of inflammatory conditions Food and Drug Administration
official testimony in a legal proceeding associated with the musculoskeletal
in which TVA is not a party shall be system. The supplemental NADA 21 CFR Part 520
granted. All final determinations are provides for a revised human food
within the sole discretion of the General Oral Dosage Form New Animal Drugs;
safety warning on product labeling. The Spinosad
Counsel. The General Counsel will supplemental NADA is approved as of
notify the requesting party and, when September 26, 2007, and the regulations AGENCY: Food and Drug Administration,
necessary, the court or other authority of are amended in 21 CFR 520.1720c to HHS.
the final determination, the reasons for reflect the approval. ACTION: Final rule.
the grant or denial of the request, and
any conditions that the General Counsel Approval of this supplemental NADA SUMMARY: The Food and Drug
may impose on the production of did not require review of additional Administration (FDA) is amending the
testimony or records or official safety or effectiveness data or animal drug regulations to reflect
information. information. Therefore, a freedom of approval of a new animal drug
information summary is not required. application (NADA) filed by Elanco
§ 1301.57 Waiver. Animal Health. The NADA provides for
FDA has determined under 21 CFR
The General Counsel may grant a veterinary prescription use of spinosad
25.33(a)(1) that this action is of a type
waiver of any procedure described by chewable tablets to kill fleas and for the
this part where a waiver is considered that does not individually or
cumulatively have a significant effect on prevention and treatment of flea
necessary to promote a significant infestations on dogs for 1 month.
interest of TVA or the United States, or the human environment. Therefore,
neither an environmental assessment DATES: This rule is effective October 25,
for other good cause. 2007.
nor an environmental impact statement
Maureen H. Dunn, is required. FOR FURTHER INFORMATION CONTACT:
General Counsel. Melanie R. Berson, Center for Veterinary
This rule does not meet the definition Medicine (HFV–110), Food and Drug
[FR Doc. E7–20907 Filed 10–24–07; 8:45 am]
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because Administration, 7500 Standish Pl.,
BILLING CODE 8120–08–P
it is a rule of ‘‘particular applicability.’’ Rockville, MD 20855, 301–827–7540, e-
Therefore, it is not subject to the mail: melanie.berson@fda.hhs.gov.
congressional review requirements in 5 SUPPLEMENTARY INFORMATION: Elanco
DEPARTMENT OF HEALTH AND U.S.C. 801–808.
HUMAN SERVICES Animal Health, A Division of Eli Lilly
List of Subjects in 21 CFR Part 520 & Co., Lilly Corporate Center,
Food and Drug Administration Indianapolis, IN 46285, filed NADA
Animal drugs. 141–277 that provides for veterinary
21 CFR Part 520 prescription use of COMFORTIS
■ Therefore, under the Federal Food,
(spinosad) Chewable Tablets to kill fleas
Oral Dosage Form New Animal Drugs; Drug, and Cosmetic Act and under
and for the prevention and treatment of
Phenylbutazone Paste authority delegated to the Commissioner
flea infestations (Ctenocephalides felis)
of Food and Drugs and redelegated to on dogs for 1 month. The NADA is
AGENCY: Food and Drug Administration, the Center for Veterinary Medicine, 21
HHS. approved as of September 25, 2007, and
CFR part 520 is amended as follows: the regulations in 21 CFR part 520 are
ACTION: Final rule.
amended by adding § 520.2130 to reflect
PART 520—ORAL DOSAGE FORM
SUMMARY: The Food and Drug the approval.
NEW ANIMAL DRUGS In accordance with the freedom of
Administration (FDA) is amending the
animal drug regulations to reflect information provisions of 21 CFR part
■ 1. The authority citation for 21 CFR 20 and 21 CFR 514.11(e)(2)(ii), a
approval of a supplemental new animal
drug application (NADA) filed by part 520 continues to read as follows: summary of safety and effectiveness
Luitpold Pharmaceuticals, Inc. The Authority: 21 U.S.C. 360b. data and information submitted to
supplemental NADA provides for a support approval of this application
revised human food safety warning for § 520.1720c [Amended] may be seen in the Division of Dockets
phenylbutazone paste, used in horses Management (HFA–305), Food and Drug
■ 2. In § 520.1720c, in paragraph (c)(3), Administration, 5630 Fishers Lane, rm.
for relief of inflammatory conditions remove ‘‘Not for use in horses intended
associated with the musculoskeletal 1061, Rockville, MD 20852, between 9
for food.’’ and add in its place ‘‘Do not a.m. and 4 p.m., Monday through
system.
use in horses intended for human Friday.
DATES: This rule is effective October 25, consumption.’’ Under section 512(c)(2)(F)(i) of the
2007. Federal Food, Drug, and Cosmetic Act
Dated: October 17, 2007.
FOR FURTHER INFORMATION CONTACT: (21 U.S.C. 360b(c)(2)(F)(i)), this
Bernadette Dunham,
Melanie R. Berson, Center for Veterinary approval qualifies for 5 years of
Medicine (HFV–110), Food and Drug Deputy Director, Center for Veterinary
marketing exclusivity beginning on the
Administration, 7500 Standish Pl., Medicine.
date of approval.
Rockville, MD 20855, 301–827–7540, e- [FR Doc. E7–21054 Filed 10–24–07; 8:45 am]
rwilkins on PROD1PC63 with RULES

FDA has determined under 21 CFR


mail: melanie.berson@fda.hhs.gov. BILLING CODE 4160–01–S 25.33(d)(1) that this action is of a type
SUPPLEMENTARY INFORMATION: Luitpold that does not individually or
Pharmaceuticals, Inc., Animal Health cumulatively have a significant effect on
Division, Shirley, NY 11967, filed a the human environment. Therefore,

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