New Animal Drugs; Approval of New Animal Drug Applications, 17061-17065 [2021-06704]

Download as PDF Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Rules and Regulations 207.13, 207.49, and 207.53 (21 CFR 207.1, 207.3, 207.13, 207.49, and 207.53) by replacing all cross-references to ‘‘§ 207.1(b)’’ with ‘‘§ 207.1’’. DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 207 [Docket No. FDA–2005–N–0464] RIN 0910–AA49 Requirements for Foreign and Domestic Establishment Registration and Listing for Human Drugs, Including Drugs That Are Regulated Under a Biologics License Application, and Animal Drugs; Corrections Food and Drug Administration, Department of Health and Human Services (HHS). ACTION: Final rule; correcting amendments. AGENCY: On August 31, 2016, the Food and Drug Administration (FDA or Agency) published an amended final rule that listed inaccurate crossreferences to FDA’s drug establishment registration and drug listing regulations. This document corrects the inaccurate cross-references used in the final regulations. SUMMARY: DATES: This rule is effective April 1, 2021. FOR FURTHER INFORMATION CONTACT: Florine Purdie, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6248, Silver Spring, MD 20993–0002, 301– 796–3521. SUPPLEMENTARY INFORMATION: I. Background In the Federal Register of October 31, 2016 (81 FR 60170), FDA published the final rule entitled ‘‘Requirements for Foreign and Domestic Establishment Registration and Listing for Human Drugs, Including Drugs That Are Regulated Under a Biologics License Application, and Animal Drugs.’’ That final rule amended current regulations in part 207 (21 CFR part 207) concerning who must register establishments and list human drugs, human drugs that are also biological products, and animal drugs. jbell on DSKJLSW7X2PROD with RULES II. Description of the Technical Amendments 15:54 Mar 31, 2021 Jkt 253001 List of Subjects in 21 CFR Part 207 Drugs, Reporting and recordkeeping requirements. Therefore, under the Federal Food, Drug, and Cosmetic Act, 21 CFR part 207 is amended as follows: PART 207—REQUIREMENTS FOR FOREIGN AND DOMESTIC ESTABLISHMENT REGISTRATION AND LISTING FOR HUMAN DRUGS, INCLUDING DRUGS THAT ARE REGULATED UNDER A BIOLOGICS LICENSE APPLICATION, AND ANIMAL DRUGS, AND THE NATIONAL DRUG CODE 1. The authority citation for part 207 continues to read as follows: ■ FDA is amending its regulations in part 207 to correct inaccurate crossreferences used in the August 31, 2016, final rule. This document amends the Agency’s regulations in part 207 through minor technical amendments to update references in §§ 207.1, 207.3, VerDate Sep<11>2014 III. Notice and Public Comment Publication of this document constitutes final action on these changes under the Administrative Procedure Act (APA) (5 U.S.C. 553). Section 553 of the APA exempts ‘‘rules of agency organization, procedure, or practice’’ from proposed rulemaking (i.e., notice and comment rulemaking) (5 U.S.C. 553(b)(3)(A)). Rules are also exempt when an Agency finds ‘‘good cause’’ that notice and comment rulemaking procedures would be ‘‘impracticable, unnecessary, or contrary to the public interest’’ (5 U.S.C. 553(b)(3)(B).) FDA has determined that this rulemaking meets the notice and comment exemption requirements in 5 U.S.C. 553(b)(3)(A) and (B). FDA’s revisions make only technical changes to correct inaccurate cross-references. FDA does not believe public comment is necessary for these minor revisions. The APA allows an effective date less than 30 days after publication as ‘‘provided by the agency for good cause and published with the rule’’ (5 U.S.C. 553(d)(3)). A delayed effective date is unnecessary in this case because the amendments do not impose any new regulatory requirements on affected parties. As a result, affected parties do not need time to prepare before the rule takes effect. Therefore, FDA finds good cause for the amendments to become effective on the date of publication of this action. Authority: 21 U.S.C. 321, 331, 351, 352, 355, 360, 360b, 371, 374, 381, 393; 42 U.S.C. 262, 264, 271. § 207.1 [Amended] 2. Amend § 207.1 in the definition of Bulk drug substance by removing ■ PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 17061 ‘‘§ 207.1(b)’’ and adding in its place ‘‘this section’’. § 207.3 [Amended] 3. Amend § 207.3 by removing ‘‘§ 207.1(b)’’ and adding in its place ‘‘§ 207.1’’. ■ § 207.13 [Amended] 4. Amend § 207.13(l)(1) by removing ‘‘§ 207.1(b)’’ and adding in its place ‘‘§ 207.1’’. ■ § 207.49 [Amended] 5. Amend § 207.49(a)(15)(i), (a)(15)(ii)(A) and (B), and (a)(15)(iii)(A) and (B) by removing ‘‘§ 207.1(b)’’ and adding in its place ‘‘§ 207.1’’. ■ § 207.53 [Amended] 6. Amend § 207.53(d)(1), (d)(2)(i) and (ii), and (d)(3)(i) and (ii) by removing ‘‘§ 207.1(b)’’ and adding in its place ‘‘§ 207.1’’. ■ Dated: March 25, 2021. Xavier Becerra, Secretary, Department of Health and Human Services. [FR Doc. 2021–06677 Filed 3–31–21; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 510, 520, 522, 524, 528, and 558 [Docket No. FDA–2020–N–0002] New Animal Drugs; Approval of New Animal Drug Applications Food and Drug Administration, Department of Health and Human Services. ACTION: Final rule; technical amendments. AGENCY: The Food and Drug Administration (FDA or we) 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 October, November, and December 2020. FDA is 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 improve the accuracy and readability of the regulations. DATES: This rule is effective April 1, 2021. SUMMARY: E:\FR\FM\01APR1.SGM 01APR1 17062 Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: George K. Haibel, Center for Veterinary Medicine (HFV–6), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240–402–5689, george.haibel@fda.hhs.gov. SUPPLEMENTARY INFORMATION: I. Approvals FDA is amending the animal drug regulations to reflect approval actions for NADAs and ANADAs during October, November, and December 2020, 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 office of the Dockets Management Staff (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, 240–402–7500. Persons with access to the internet may obtain these documents at the CVM FOIA Electronic Reading Room: https:// www.fda.gov/about-fda/centerveterinary-medicine/cvm-foiaelectronic-reading-room. Marketing exclusivity and patent information may be accessed in FDA’s publication, Approved Animal Drug Products Online (Green Book) at: https://www.fda.gov/ animal-veterinary/products/approvedanimal-drug-products-green-book. TABLE 1—ORIGINAL AND SUPPLEMENTAL NADAS AND ANADAS APPROVED DURING OCTOBER, NOVEMBER, AND DECEMBER 2020 jbell on DSKJLSW7X2PROD with RULES Approval date File No. Sponsor Product name Species ELURA (capromorelin oral solution). CYCLAVANCE (cyclosporine oral solution) USP MODIFIED. STELFONTA (tigilanol tiglate injection). Dogs and cats ....... TZED (tiletamine and zolazepam for injection). pPL657 rDNA construct in domestic pigs. Dogs ...................... SELASPOT (selamectin) Topical Solution. October 16, 2020 ............ 141–536 Elanco US Inc., 2500 Innovation Way, Greenfield, IN 46140. October 29, 2020 ............ 200–692 Virbac AH, Inc., P.O. Box 162059, Fort Worth, TX 76161. November 16, 2020 ........ 141–541 QBiotics Group Ltd., Suite 3A, Level 1, 165 Moggill Rd., Taringa, Queensland 4068, Australia. November 25, 2020 ........ 200–557 Dechra Veterinary Products LLC, 7015 College Blvd., Suite 525, Overland Park, KS 66211. December 14, 2020 ........ 141–542 December 16, 2020 ........ 200–696 Revivicor, Inc., a wholly owned subsidiary of United Therapeutics Corp., 1700 Kraft Dr., Suite 2400, Blacksburg, VA 24060. Bimeda Animal Health Ltd., 1B The Herbert Building, The Park, Carrickmines, Dublin 18, Ireland. As provided in the regulatory text, the animal drug regulations are amended to reflect these approval actions. As they are now the sponsor of an approved application, QBiotics Group Ltd. and Revivicor, Inc. will be added to the list of sponsors of approved applications in 21 CFR 510.600(c). VerDate Sep<11>2014 15:54 Mar 31, 2021 Jkt 253001 FOI Summary. Original approval for the treatment of nonmetastatic cutaneous mast cell tumors and non-metastatic subcutaneous mast cell tumors located at or distal to the elbow or the hock in dogs. Supplemental approval for an intravenous route. FOI Summary. Swine ..................... Original approval for an intentional genomic alteration in domestic pigs. FOI Summary. Dogs and cats ....... Original approval as a generic copy of NADA 141–152. FOI Summary. Dogs ...................... Dogs ...................... FDA is making the following amendments to improve the accuracy, consistency, and readability of the animal drug regulations: • 21 CFR 558.128 is amended to reflect the sponsors of approved conditions of use for chlortetracycline in beef cattle. Frm 00008 Fmt 4700 Public documents Original approval for management of weight loss in cats with chronic kidney disease. Original approval as a generic copy of NADA 141–218. II. Technical Amendments PO 00000 Effect of the action Sfmt 4700 FOI Summary. FOI Summary. • 21 CFR 558.342 is amended to reformat special considerations for labeling and manufacture of melengestrol medicated feeds. • Typographical errors are being corrected wherever they have been found. E:\FR\FM\01APR1.SGM 01APR1 17063 Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Rules and Regulations III. Legal Authority This rule sets forth technical amendments to the regulations to codify recent actions on approved new animal drug applications and corrections to improve the accuracy of the regulations, and as such does not impose any burden on regulated entities. This rule is issued under section 512(i) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 360b(i)), which requires Federal Register publication of the conditions of use of an approved or conditionally approved new animal drug and the name and address of the drug′s sponsor in a ‘‘notice, which upon publication shall be effective as a regulation.’’ A notice published pursuant to section 512(i) is not subject to the notice-and-comment rulemaking requirements of the Administrative Procedure Act, 5 U.S.C. 551 et seq. See section 512(i) of the FD&C Act; 21 CFR 10.40(e)(3); S. Rep. 90–1308, at 5 (1968). This document 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. Likewise, this is not a rule subject to Executive Order 12866, which defines a rule as ‘‘an agency statement of general applicability and future effect, which the agency intends to have the force and effect of law, that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency.’’ authority delegated to the Commissioner of Food and Drugs, 21 CFR parts 510, 520, 522, 524, 528, and 558 are amended as follows: PART 510—NEW ANIMAL DRUGS 1. The authority citation for part 510 continues to read as follows: ■ Authority: 21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e. 2. In § 510.600: a. In the table in paragraph (c)(1), add entries for ‘‘QBiotics Group Ltd.’’ and ‘‘Revivicor, Inc.’’ in alphabetical order; and ■ b. In the table in paragraph (c)(2), add entries for ‘‘086132’’ and ‘‘086134’’ in numerical order. The additions read as follows: ■ ■ List of Subjects 21 CFR Part 510 Administrative practice and procedure, Animal drugs, Labeling, Reporting and recordkeeping requirements. 21 CFR Parts 520, 522, 524, and 528 § 510.600 Names, addresses, and drug labeler codes of sponsors of approved applications. Animal drugs. 21 CFR Part 558 Animal drugs, Animal feeds. Therefore, under the Federal Food, Drug, and Cosmetic Act and under * * * (c) * * * (1) * * * * * Drug labeler code Firm name and address * * * * * * QBiotics Group Ltd., Suite 3A, Level 1, 165 Moggill Rd., Taringa, Queensland 4068, Australia ...................................................... * * * * * * * Revivicor, Inc., a wholly owned subsidiary of United Therapeutics Corp., 1700 Kraft Dr., Suite 2400, Blacksburg, VA 24060 ....... * * * * * * * 086132 086134 * (2) * * * Drug labeler code Firm name and address * * * * * * * 086132 .................................. QBiotics Group Ltd., Suite 3A, Level 1, 165 Moggill Rd., Taringa, Queensland 4068, Australia 086134 .................................. Revivicor, Inc., a wholly owned subsidiary of United Therapeutics Corp., 1700 Kraft Dr., Suite 2400, Blacksburg, VA 24060 * * * PART 520—ORAL DOSAGE FORM NEW ANIMAL DRUGS 3. The authority citation for part 520 continues to read as follows: Authority: 21 U.S.C. 360b. 4. In § 520.292, revise paragraphs (a) and (c) to read as follows: jbell on DSKJLSW7X2PROD with RULES ■ Capromorelin. (a) Specifications. Each milliliter of solution contains: (1) 30 milligrams (mg) capromorelin; or VerDate Sep<11>2014 15:54 Mar 31, 2021 Jkt 253001 * (2) 20 mg capromorelin. * * * * (c) Conditions of use—(1) Dogs. Use product described in paragraph (a)(1) of this section as follows: (i) Amount. Administer 3 mg/kg once daily by mouth. (ii) Indications for use. For appetite stimulation in dogs. (iii) Limitations. Federal law restricts this drug to use by or on the order of a licensed veterinarian. (2) Cats. Use product described in paragraph (a)(2) of this section as follows: * ■ § 520.292 * PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 * * (i) Amount. Administer 2 mg/kg once daily by mouth. (ii) Indications for use. For management of weight loss in cats with chronic kidney disease. (iii) Limitations. Federal law restricts this drug to use by or on the order of a licensed veterinarian. 5. In § 520.522, add paragraph (b)(3) to read as follows: ■ § 520.522 * Cyclosporine. * * (b) * * * E:\FR\FM\01APR1.SGM 01APR1 * * 17064 Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Rules and Regulations § 528.2001 pPL657 recombinant deoxyribonucleic acid construct. (2) No. 051311 for use as in paragraphs (c)(1)(i)(A), (c)(1)(ii)(A), (c)(1)(iii), and (c)(2) of this section. * * * * * (3) No. 051311 for use of product described in paragraph (a)(2) of this section as in paragraph (d)(1) of this section. * * * * * PART 524—OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS 9. The authority citation for part 524 continues to read as follows: ■ 6. The authority citation for part 522 continues to read as follows: ■ Authority: 21 U.S.C. 360b. Authority: 21 U.S.C. 360b. ■ § 522.2450 ■ Tigilanol. (a) Specifications. Each milliliter (mL) of solution contains 1 milligram tigilanol tiglate. (b) Sponsor. See No. 086132 in § 510.600(c) of this chapter. (c) Conditions of use in dogs—(1) Amount. Administer as an intratumoral injection at a dose of 0.5 mL per cubic centimeter of tumor volume. (2) Indications for use. For the treatment of non-metastatic cutaneous mast cell tumors and non-metastatic subcutaneous mast cell tumors located at or distal to the elbow or the hock in dogs. (3) Limitations. Federal law restricts this drug to use by or on the order of a licensed veterinarian. 8. In § 522.2470, revise paragraphs (b)(1) and (2) to read as follows: ■ § 522.2470 injection. Tiletamine and zolazepam for * * * * * (b) * * * (1) Nos. 026637 and 054771 for use as in paragraph (c) of this section. Combination in grams/ ton Chlortetracycline amount * (xv) 350 mg/ head/ day. jbell on DSKJLSW7X2PROD with RULES ............... ■ * § 524.2098 * 13. The authority citation for part 558 continues to read as follows: ■ 14. In § 558.128, revise paragraph (e)(4)(xv) to read as follows: ■ 11. The authority citation for part 528 continues to read as follows: ■ Authority: 21 U.S.C. 360b. ■ § 558.128 * 12 Add § 528.2001 to read as follows: Chlortetracycline. * * (e) * * * (4) * * * * * Limitations * * 1. Beef cattle: For control of bacterial pneumonia associated with shipping fever complex caused by Pasteurella spp. susceptible to chlortetracycline. 2. Beef cattle (under 700 lb): For control of active infection of anaplasmosis caused by A. marginale susceptible to chlortetracycline. * * * Withdrawal periods: To sponsor No. 054771 under NADAs 046–699 and 049–287, No. 066104 under NADA 092–286, and No. 069254 under NADA 048–480: Withdraw 48 hours prior to slaughter. To sponsor No. 069254 under NADA 138–935 and ANADA 200–510: Zero withdrawal period. Withdrawal periods: To sponsor No. 054771 under NADAs 046–699 and 049–287, No. 066104 under NADA 092–286, and No. 069254 under NADA 048–480: Withdraw 48 hours prior to slaughter. To sponsor No. 054771 under NADA 048–761 and No. 069254 under NADA 138–935 and ANADA 200–510: Zero withdrawal period. * * 15:54 Mar 31, 2021 * a. Revise paragraphs (d)(3) through (6); and Jkt 253001 PO 00000 Frm 00010 Fmt 4700 Sponsor * ■ 15. In § 558.342: VerDate Sep<11>2014 PART 558—NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS Authority: 21 U.S.C. 354, 360b, 360ccc, 360ccc-1, 371. PART 528—NEW ANIMAL DRUGS IN GENETICALLY ENGINEERED ANIMALS * * Selamectin. (a) Specifications. Each milliliter contains 60 or 120 milligrams (mg) of selamectin. (b) Sponsors. See Nos. 054771, 055529, 061133, and 061651 in § 510.600(c) of this chapter. (c) * * * (1) Amount. Administer topically 2.7 mg of selamectin per pound (6 mg per kilogram) of body weight. * * * * * Indications for use * * 10. In § 524.2098: a. Revise paragraphs (a) and (b); ■ b. Remove paragraph (c) and redesignate paragraph (d) as paragraph (c); and ■ c. Revise newly redesignated paragraph (c)(1). The revisions read as follows: ■ 7. Add § 522.2450 to read as follows: (a) Specifications. pPL657 in the glycoprotein galactosyltransferase alpha-1,3 (GGTA1) gene in domestic pigs. (b) Sponsor. See No. 086134 in § 510.600(c) of this chapter. (c) Conditions of use—(1) Intended use. pPL657 rDNA construct in the glycoprotein galactosyltransferase alpha-1,3 gene (GGTA1) in the lineage of domestic pigs (Sus scrofa domesticus) hemizygous and homozygous for the intentional genomic alteration resulting in undetectable endogenous galactose alpha-1,3-galactose sugar residues on biological derivatives of domestic pigs homozygous for the intentional genomic alteration lineage that are intended to be used as sources of food or human therapeutics including excipients, devices, drugs, or biological products. (2) Limitations. Pigs of this lineage (possessing the intentional genomic alteration (pPL657 rDNA construct)) should not be treated with aminoglycoside drugs and must only be housed in physically contained facilities specified in the approved application. Sfmt 4700 * ■ * 054771 066104 069254 054771 066104 069254 * b. Remove paragraphs (d)(7) and (8). The revisions read as follows: E:\FR\FM\01APR1.SGM 01APR1 Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Rules and Regulations § 558.342 Melengestrol. SUPPLEMENTARY INFORMATION: * * * * * (d) * * * (3) Liquid or dry combination Type B or C medicated feeds containing melengestrol acetate and lasalocid must be labeled in accordance with § 558.311(d). (4) Liquid or dry combination Type B or C medicated feeds containing melengestrol acetate and monensin must be labeled in accordance with § 558.355(d). (5) Liquid combination Type B or C medicated feeds containing melengestrol acetate and tylosin must be manufactured in accordance with § 558.625(d). (6) Liquid melengestrol acetate may not be mixed with oxytetracycline in a common liquid feed supplement. * * * * * Dated: March 19, 2021. Lauren K. Roth, Acting Principal Associate Commissioner for Policy. [FR Doc. 2021–06704 Filed 3–31–21; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 821 [Docket No. FDA–2021–N–0246] Medical Devices; Technical Amendments Food and Drug Administration, Department of Health and Human Services (HHS). ACTION: Final rule; technical amendments. AGENCY: The Food and Drug Administration (FDA, the Agency, or we) is amending its medical device regulations to make an editorial nonsubstantive change and replace a reference to an obsolete office with updated information. The rule does not impose any new regulatory requirements on affected parties. This action is editorial in nature and is intended to improve the accuracy of the Agency’s regulations. DATES: This rule is effective April 1, 2021. FOR FURTHER INFORMATION CONTACT: Madhusoodana Nambiar, Office of Policy, Center for Devices and Radiological Health, 10903 New Hampshire Ave., Bldg. 66, Rm. 5519, Silver Spring, MD 20993–0002, 301– 796–5837. jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:54 Mar 31, 2021 Jkt 253001 I. Background FDA’s Center for Devices and Radiological Health (CDRH) has reorganized to create an agile infrastructure that can adapt to future organizational, regulatory, and scientific needs (84 FR 22854, May 20, 2019; 85 FR 18439, April 2, 2020). The newly formed Office of Product Evaluation and Quality (OPEQ) combined the former Office of Compliance, the Office of Device Evaluation, the Office of Surveillance and Biometrics, and the Office of In Vitro Diagnostics and Radiological Health, with a focus on a Total Product Lifecycle (TPLC) approach to medical device oversight. Within OPEQ there are Offices of Health Technology that focus on the TPLC review of specific types of medical devices as well as cross-cutting offices focusing on specific policy and programmatic needs including the Office of Regulatory Programs and the Office of Clinical Evidence and Analysis. As part of this technical amendment, we are making changes to correct a reference to an obsolete office and to correctly identify the positions with authority to make decisions on exemptions and variances from tracking orders. This change is nonsubstantive and editorial in nature. II. Description of the Technical Amendments The regulations specified in this rule have been revised to make a nonsubstantive editorial change to correct ‘‘Director of the Office of Regulatory Program’’ to ‘‘Director or Principal Deputy Director of the Office of Product Evaluation and Quality’’ and replace a reference to ‘‘Director, Office of Compliance’’ with ‘‘Director or Deputy Directors, CDRH, or the Director or Principal Deputy Director of the Office of Product Evaluation and Quality.’’ The rule does not impose any new regulatory requirements on affected parties. The amendments are editorial in nature and should not be construed as modifying any substantive standards or requirements. III. Notice and Public Comment Publication of this document constitutes final action of these changes under the Administrative Procedure Act (5 U.S.C. 553). Section 553 of the Administrative Procedure Act (APA) exempts ‘‘rules of agency organization, procedure, or practice’’ from proposed rulemaking (i.e., notice and comment rulemaking) (5 U.S.C. 553(b)(3)(A)). Rules are also exempt when an Agency finds ‘‘good cause’’ that notice and PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 17065 comment rulemaking procedures would be ‘‘impracticable, unnecessary, or contrary to the public interest’’ (5 U.S.C. 553(b)(3)(B)). FDA has determined that this rulemaking meets the notice and comment exemption requirements in 5 U.S.C. 553(b)(3)(A) and (B). FDA’s revisions make technical or nonsubstantive changes that pertain solely to the CDRH reorganization and do not alter any substantive standard. FDA does not believe public comment is necessary for these minor revisions. The APA allows an effective date less than 30 days after publication as ‘‘provided by the agency for good cause found and published with the rule’’ (5 U.S.C. 553(d)(3)). A delayed effective date is unnecessary in this case because the amendments do not impose any new regulatory requirements on affected parties. As a result, affected parties do not need time to prepare before the rule takes effect. Therefore, FDA finds good cause for the amendments to become effective on the date of publication of this action. List of Subjects in 21 CFR Part 821 Imports, Medical devices, Reporting and recordkeeping requirements. Therefore, under the Federal Food, Drug, and Cosmetic Act, 21 CFR part 821 is amended as follows. PART 821—MEDICAL DEVICE TRACKING REQUIREMENTS 1. The authority citation for part 821 continues to read as follows: ■ Authority: 21 U.S.C. 331, 351, 352, 360, 360e, 360h, 360i, 371, 374. 2. In § 821.2, revise paragraphs (b) introductory text and (c) to read as follows: ■ § 821.2 Exemptions and variances. * * * * * (b) A request for an exemption or variance shall be submitted in the form of a petition under § 10.30 of this chapter and shall comply with the requirements set out therein, except that a response shall be issued in 90 days. The Director or Deputy Directors, CDRH, or the Director or Principal Deputy Director of the Office of Product Evaluation and Quality, CDRH, shall issue responses to requests under this section. The petition shall also contain the following: * * * * * (c) An exemption or variance is not effective until the Director or Deputy Directors, CDRH, or the Director or Principal Deputy Director of the Office of Product Evaluation and Quality, E:\FR\FM\01APR1.SGM 01APR1

Agencies

[Federal Register Volume 86, Number 61 (Thursday, April 1, 2021)]
[Rules and Regulations]
[Pages 17061-17065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06704]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 510, 520, 522, 524, 528, and 558

[Docket No. FDA-2020-N-0002]


New Animal Drugs; Approval of New Animal Drug Applications

AGENCY: Food and Drug Administration, Department of Health and Human 
Services.

ACTION: Final rule; technical amendments.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA or we) 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 October, November, and December 2020. FDA 
is 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 improve the 
accuracy and readability of the regulations.

DATES: This rule is effective April 1, 2021.

[[Page 17062]]


FOR FURTHER INFORMATION CONTACT: George K. Haibel, Center for 
Veterinary Medicine (HFV-6), Food and Drug Administration, 7500 
Standish Pl., Rockville, MD 20855, 240-402-5689, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Approvals

    FDA is amending the animal drug regulations to reflect approval 
actions for NADAs and ANADAs during October, November, and December 
2020, 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 
office of the Dockets Management Staff (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, 240-402-7500. Persons 
with access to the internet may obtain these documents at the CVM FOIA 
Electronic Reading Room: https://www.fda.gov/about-fda/center-veterinary-medicine/cvm-foia-electronic-reading-room. Marketing 
exclusivity and patent information may be accessed in FDA's 
publication, Approved Animal Drug Products Online (Green Book) at: 
https://www.fda.gov/animal-veterinary/products/approved-animal-drug-products-green-book.

                        Table 1--Original and Supplemental NADAs and ANADAs Approved During October, November, and December 2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                   Effect of the
          Approval date             File No.        Sponsor          Product name              Species                 action         Public  documents
--------------------------------------------------------------------------------------------------------------------------------------------------------
October 16, 2020.................    141-536  Elanco US Inc.,     ELURA              Dogs and cats.............  Original approval  FOI Summary.
                                               2500 Innovation     (capromorelin                                  for management
                                               Way, Greenfield,    oral solution).                                of weight loss
                                               IN 46140.                                                          in cats with
                                                                                                                  chronic kidney
                                                                                                                  disease.
October 29, 2020.................    200-692  Virbac AH, Inc.,    CYCLAVANCE         Dogs......................  Original approval  FOI Summary.
                                               P.O. Box 162059,    (cyclosporine                                  as a generic
                                               Fort Worth, TX      oral solution)                                 copy of NADA 141-
                                               76161.              USP MODIFIED.                                  218.
November 16, 2020................    141-541  QBiotics Group      STELFONTA          Dogs......................  Original approval  FOI Summary.
                                               Ltd., Suite 3A,     (tigilanol                                     for the
                                               Level 1, 165        tiglate                                        treatment of non-
                                               Moggill Rd.,        injection).                                    metastatic
                                               Taringa,                                                           cutaneous mast
                                               Queensland 4068,                                                   cell tumors and
                                               Australia.                                                         non-metastatic
                                                                                                                  subcutaneous
                                                                                                                  mast cell tumors
                                                                                                                  located at or
                                                                                                                  distal to the
                                                                                                                  elbow or the
                                                                                                                  hock in dogs.
November 25, 2020................    200-557  Dechra Veterinary   TZED (tiletamine   Dogs......................  Supplemental       FOI Summary.
                                               Products LLC,       and zolazepam                                  approval for an
                                               7015 College        for injection).                                intravenous
                                               Blvd., Suite 525,                                                  route.
                                               Overland Park, KS
                                               66211.
December 14, 2020................    141-542  Revivicor, Inc., a  pPL657 rDNA        Swine.....................  Original approval  FOI Summary.
                                               wholly owned        construct in                                   for an
                                               subsidiary of       domestic pigs.                                 intentional
                                               United                                                             genomic
                                               Therapeutics                                                       alteration in
                                               Corp., 1700 Kraft                                                  domestic pigs.
                                               Dr., Suite 2400,
                                               Blacksburg, VA
                                               24060.
December 16, 2020................    200-696  Bimeda Animal       SELASPOT           Dogs and cats.............  Original approval  FOI Summary.
                                               Health Ltd., 1B     (selamectin)                                   as a generic
                                               The Herbert         Topical Solution.                              copy of NADA 141-
                                               Building, The                                                      152.
                                               Park,
                                               Carrickmines,
                                               Dublin 18,
                                               Ireland.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As provided in the regulatory text, the animal drug regulations are 
amended to reflect these approval actions. As they are now the sponsor 
of an approved application, QBiotics Group Ltd. and Revivicor, Inc. 
will be added to the list of sponsors of approved applications in 21 
CFR 510.600(c).

II. Technical Amendments

    FDA is making the following amendments to improve the accuracy, 
consistency, and readability of the animal drug regulations:
     21 CFR 558.128 is amended to reflect the sponsors of 
approved conditions of use for chlortetracycline in beef cattle.
     21 CFR 558.342 is amended to reformat special 
considerations for labeling and manufacture of melengestrol medicated 
feeds.
     Typographical errors are being corrected wherever they 
have been found.

[[Page 17063]]

III. Legal Authority

    This rule sets forth technical amendments to the regulations to 
codify recent actions on approved new animal drug applications and 
corrections to improve the accuracy of the regulations, and as such 
does not impose any burden on regulated entities. This rule is issued 
under section 512(i) of the Federal Food, Drug, and Cosmetic Act (FD&C 
Act) (21 U.S.C. 360b(i)), which requires Federal Register publication 
of the conditions of use of an approved or conditionally approved new 
animal drug and the name and address of the drug's sponsor in a 
``notice, which upon publication shall be effective as a regulation.'' 
A notice published pursuant to section 512(i) is not subject to the 
notice-and-comment rulemaking requirements of the Administrative 
Procedure Act, 5 U.S.C. 551 et seq. See section 512(i) of the FD&C Act; 
21 CFR 10.40(e)(3); S. Rep. 90-1308, at 5 (1968).
    This document 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. Likewise, this is not a rule subject to Executive 
Order 12866, which defines a rule as ``an agency statement of general 
applicability and future effect, which the agency intends to have the 
force and effect of law, that is designed to implement, interpret, or 
prescribe law or policy or to describe the procedure or practice 
requirements of an agency.''

List of Subjects

21 CFR Part 510

    Administrative practice and procedure, Animal drugs, Labeling, 
Reporting and recordkeeping requirements.

21 CFR Parts 520, 522, 524, and 528

    Animal drugs.

21 CFR Part 558

    Animal drugs, Animal feeds.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
authority delegated to the Commissioner of Food and Drugs, 21 CFR parts 
510, 520, 522, 524, 528, and 558 are amended as follows:

PART 510--NEW ANIMAL DRUGS

0
1. The authority citation for part 510 continues to read as follows:

    Authority: 21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e.


0
2. In Sec.  510.600:
0
a. In the table in paragraph (c)(1), add entries for ``QBiotics Group 
Ltd.'' and ``Revivicor, Inc.'' in alphabetical order; and
0
b. In the table in paragraph (c)(2), add entries for ``086132'' and 
``086134'' in numerical order.
    The additions read as follows:


Sec.  510.600  Names, addresses, and drug labeler codes of sponsors of 
approved applications.

* * * * *
    (c) * * *
    (1) * * *

------------------------------------------------------------------------
                                                           Drug labeler
                  Firm name and address                        code
------------------------------------------------------------------------
 
                              * * * * * * *
QBiotics Group Ltd., Suite 3A, Level 1, 165 Moggill Rd.,          086132
 Taringa, Queensland 4068, Australia....................
 
                              * * * * * * *
Revivicor, Inc., a wholly owned subsidiary of United              086134
 Therapeutics Corp., 1700 Kraft Dr., Suite 2400,
 Blacksburg, VA 24060...................................
 
                              * * * * * * *
------------------------------------------------------------------------

    (2) * * *

------------------------------------------------------------------------
      Drug labeler code                  Firm name and address
------------------------------------------------------------------------
 
                              * * * * * * *
086132.......................  QBiotics Group Ltd., Suite 3A, Level 1,
                                165 Moggill Rd., Taringa, Queensland
                                4068, Australia
086134.......................  Revivicor, Inc., a wholly owned
                                subsidiary of United Therapeutics Corp.,
                                1700 Kraft Dr., Suite 2400, Blacksburg,
                                VA 24060
 
                              * * * * * * *
------------------------------------------------------------------------

PART 520--ORAL DOSAGE FORM NEW ANIMAL DRUGS

0
3. The authority citation for part 520 continues to read as follows:

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


0
4. In Sec.  520.292, revise paragraphs (a) and (c) to read as follows:


Sec.  520.292  Capromorelin.

    (a) Specifications. Each milliliter of solution contains:
    (1) 30 milligrams (mg) capromorelin; or
    (2) 20 mg capromorelin.
* * * * *
    (c) Conditions of use--(1) Dogs. Use product described in paragraph 
(a)(1) of this section as follows:
    (i) Amount. Administer 3 mg/kg once daily by mouth.
    (ii) Indications for use. For appetite stimulation in dogs.
    (iii) Limitations. Federal law restricts this drug to use by or on 
the order of a licensed veterinarian.
    (2) Cats. Use product described in paragraph (a)(2) of this section 
as follows:
    (i) Amount. Administer 2 mg/kg once daily by mouth.
    (ii) Indications for use. For management of weight loss in cats 
with chronic kidney disease.
    (iii) Limitations. Federal law restricts this drug to use by or on 
the order of a licensed veterinarian.

0
5. In Sec.  520.522, add paragraph (b)(3) to read as follows:


Sec.  520.522  Cyclosporine.

* * * * *
    (b) * * *

[[Page 17064]]

    (3) No. 051311 for use of product described in paragraph (a)(2) of 
this section as in paragraph (d)(1) of this section.
* * * * *

PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS

0
6. The authority citation for part 522 continues to read as follows:

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


0
7. Add Sec.  522.2450 to read as follows:


Sec.  522.2450  Tigilanol.

    (a) Specifications. Each milliliter (mL) of solution contains 1 
milligram tigilanol tiglate.
    (b) Sponsor. See No. 086132 in Sec.  510.600(c) of this chapter.
    (c) Conditions of use in dogs--(1) Amount. Administer as an 
intratumoral injection at a dose of 0.5 mL per cubic centimeter of 
tumor volume.
    (2) Indications for use. For the treatment of non-metastatic 
cutaneous mast cell tumors and non-metastatic subcutaneous mast cell 
tumors located at or distal to the elbow or the hock in dogs.
    (3) Limitations. Federal law restricts this drug to use by or on 
the order of a licensed veterinarian.

0
8. In Sec.  522.2470, revise paragraphs (b)(1) and (2) to read as 
follows:


Sec.  522.2470  Tiletamine and zolazepam for injection.

* * * * *
    (b) * * *
    (1) Nos. 026637 and 054771 for use as in paragraph (c) of this 
section.
    (2) No. 051311 for use as in paragraphs (c)(1)(i)(A), 
(c)(1)(ii)(A), (c)(1)(iii), and (c)(2) of this section.
* * * * *

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

0
9. The authority citation for part 524 continues to read as follows:

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


0
10. In Sec.  524.2098:
0
a. Revise paragraphs (a) and (b);
0
b. Remove paragraph (c) and redesignate paragraph (d) as paragraph (c); 
and
0
c. Revise newly redesignated paragraph (c)(1).
    The revisions read as follows:


Sec.  524.2098  Selamectin.

    (a) Specifications. Each milliliter contains 60 or 120 milligrams 
(mg) of selamectin.
    (b) Sponsors. See Nos. 054771, 055529, 061133, and 061651 in Sec.  
510.600(c) of this chapter.
    (c) * * *
    (1) Amount. Administer topically 2.7 mg of selamectin per pound (6 
mg per kilogram) of body weight.
* * * * *

PART 528--NEW ANIMAL DRUGS IN GENETICALLY ENGINEERED ANIMALS

0
11. The authority citation for part 528 continues to read as follows:

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


0
12 Add Sec.  528.2001 to read as follows:


Sec.  528.2001  pPL657 recombinant deoxyribonucleic acid construct.

    (a) Specifications. pPL657 in the glycoprotein 
galactosyltransferase alpha-1,3 (GGTA1) gene in domestic pigs.
    (b) Sponsor. See No. 086134 in Sec.  510.600(c) of this chapter.
    (c) Conditions of use--(1) Intended use. pPL657 rDNA construct in 
the glycoprotein galactosyltransferase alpha-1,3 gene (GGTA1) in the 
lineage of domestic pigs (Sus scrofa domesticus) hemizygous and 
homozygous for the intentional genomic alteration resulting in 
undetectable endogenous galactose alpha-1,3-galactose sugar residues on 
biological derivatives of domestic pigs homozygous for the intentional 
genomic alteration lineage that are intended to be used as sources of 
food or human therapeutics including excipients, devices, drugs, or 
biological products.
    (2) Limitations. Pigs of this lineage (possessing the intentional 
genomic alteration (pPL657 rDNA construct)) should not be treated with 
aminoglycoside drugs and must only be housed in physically contained 
facilities specified in the approved application.

PART 558--NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS

0
13. The authority citation for part 558 continues to read as follows:

    Authority:  21 U.S.C. 354, 360b, 360ccc, 360ccc-1, 371.


0
14. In Sec.  558.128, revise paragraph (e)(4)(xv) to read as follows:


Sec.  558.128  Chlortetracycline.

* * * * *
    (e) * * *
    (4) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Combination in grams/
      Chlortetracycline amount                  ton                Indications for use                        Limitations                      Sponsor
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
(xv) 350 mg/head/day................                           1. Beef cattle: For control  Withdrawal periods: To sponsor No. 054771 under       054771
                                                                of bacterial pneumonia       NADAs 046-699 and 049-287, No. 066104 under          066104
                                                                associated with shipping     NADA 092-286, and No. 069254 under NADA 048-         069254
                                                                fever complex caused by      480: Withdraw 48 hours prior to slaughter. To
                                                                Pasteurella spp.             sponsor No. 069254 under NADA 138-935 and
                                                                susceptible to               ANADA 200-510: Zero withdrawal period.
                                                                chlortetracycline.
                                                               2. Beef cattle (under 700    Withdrawal periods: To sponsor No. 054771 under       054771
                                                                lb): For control of active   NADAs 046-699 and 049-287, No. 066104 under          066104
                                                                infection of anaplasmosis    NADA 092-286, and No. 069254 under NADA 048-         069254
                                                                caused by A. marginale       480: Withdraw 48 hours prior to slaughter. To
                                                                susceptible to               sponsor No. 054771 under NADA 048-761 and No.
                                                                chlortetracycline.           069254 under NADA 138-935 and ANADA 200-510:
                                                                                             Zero withdrawal period.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

0
15. In Sec.  558.342:
0
a. Revise paragraphs (d)(3) through (6); and
0
b. Remove paragraphs (d)(7) and (8).
    The revisions read as follows:

[[Page 17065]]

Sec.  558.342  Melengestrol.

* * * * *
    (d) * * *
    (3) Liquid or dry combination Type B or C medicated feeds 
containing melengestrol acetate and lasalocid must be labeled in 
accordance with Sec.  558.311(d).
    (4) Liquid or dry combination Type B or C medicated feeds 
containing melengestrol acetate and monensin must be labeled in 
accordance with Sec.  558.355(d).
    (5) Liquid combination Type B or C medicated feeds containing 
melengestrol acetate and tylosin must be manufactured in accordance 
with Sec.  558.625(d).
    (6) Liquid melengestrol acetate may not be mixed with 
oxytetracycline in a common liquid feed supplement.
* * * * *

    Dated: March 19, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-06704 Filed 3-31-21; 8:45 am]
BILLING CODE 4164-01-P


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