[Federal Register Volume 74, Number 178 (Wednesday, September 16, 2009)]
[Rules and Regulations]
[Pages 47435-47436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22292]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 524

[Docket No. FDA-2009-N-0665]


Ophthalmic and Topical Dosage Form New Animal Drugs; Diclofenac

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Final rule.

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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 Boehringer Ingelheim Vetmedica, Inc. The 
supplemental NADA provides for a revised human food safety warning for 
use of diclofenac sodium topical cream in horses.

DATES:  This rule is effective September 16, 2009.

FOR FURTHER INFORMATION CONTACT:  Melanie R. Berson, Center for 
Veterinary Medicine (HFV-110), Food and Drug Administration, 7500 
Standish Pl., Rockville, MD 20855, 240-276-8337, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: Boehringer Ingelheim Vetmedica, Inc., 2621 
North Belt Highway, St. Joseph, MO 64506-2002, filed a supplement to 
NADA 141-186 that provides for use of SURPASS (1% diclofenac sodium) 
Topical Cream in horses for the control of pain and inflammation 
associated with osteoarthritis. The supplemental NADA provides for a 
revised human food safety warning on product labeling. The supplemental 
NADA is approved as of August 25, 2009, and the regulations are amended 
in 21 CFR 524.590 to reflect the approval.
    Approval of this supplemental NADA did not require review of 
additional safety or effectiveness data or information. Therefore, a 
freedom of information summary is not required.
    The agency has determined under 21 CFR 25.33(d)(1) 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.

[[Page 47436]]

    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 524

    Animal drugs.

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Therefore, under the Federal Food, Drug, and Cosmetic Act and under the 
authority delegated to the Commissioner of Food and Drugs and 
redelegated to the Center for Veterinary Medicine, 21 CFR part 524 is 
amended as follows:

PART 524--OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS

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1. The authority citation for 21 CFR part 524 continues to read as 
follows:

    Authority:  21 U.S.C. 360b.


Sec.  524.590  [Amended]

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2. In Sec.  524.590, remove the first sentence of paragraph (c)(3) 
``Not for use in horses intended for food.'' and in its place add ``Do 
not use in horses intended for human consumption.''.

    Dated: September 11, 2009.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. E9-22292 Filed 9-15-09; 8:45 am]
BILLING CODE 4160-01-S