81_FR_36900 81 FR 36790 - New Animal Drugs; Withdrawal of Approval of a New Animal Drug Application

81 FR 36790 - New Animal Drugs; Withdrawal of Approval of a New Animal Drug Application

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 110 (June 8, 2016)

Page Range36790-36791
FR Document2016-13518

The Food and Drug Administration (FDA) is withdrawing approval of five new animal drug applications (NADAs) and an abbreviated new animal drug application (ANADA). This action is being taken at the sponsors' request because these products are no longer manufactured or marketed.

Federal Register, Volume 81 Issue 110 (Wednesday, June 8, 2016)
[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Rules and Regulations]
[Pages 36790-36791]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13518]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 520 and 558

[Docket No. FDA-2016-N-0002]


New Animal Drugs; Withdrawal of Approval of a New Animal Drug 
Application

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of withdrawal.

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

SUMMARY: The Food and Drug Administration (FDA) is withdrawing approval 
of five new animal drug applications (NADAs) and an abbreviated new 
animal drug application (ANADA). This action is being taken at the 
sponsors' request because these products are no longer manufactured or 
marketed.

DATES: Withdrawal of approval is effective June 20, 2016.

FOR FURTHER INFORMATION CONTACT: Sujaya Dessai, Center for Veterinary 
Medicine (HFV-212), Food and Drug Administration, 7519 Standish Pl., 
Rockville, MD 20855, 240-402-5761, [email protected].

SUPPLEMENTARY INFORMATION: The sponsors of the following applications 
have requested that FDA withdraw approval of the NADAs and ANADA listed 
in the following table because the products are no longer manufactured 
or marketed:

----------------------------------------------------------------------------------------------------------------
           File No.                       Sponsor                    Product name              21 CFR section
----------------------------------------------------------------------------------------------------------------
007-076 \1\..................  Cross Vetpharm Group Ltd.,    SULFA-NOX Liquid              520.2325a
                                Broomhill Rd., Tallaght,      (sulfaquinoxaline) 3.44%
                                Dublin 24, Ireland.           Solution.
008-244 \1\..................  Cross Vetpharm Group Ltd.,    SULFA-NOX Concentrate         520.2325a
                                Broomhill Rd., Tallaght,      (sulfaquinoxaline) 12.85%
                                Dublin 24, Ireland.           Solution.

[[Page 36791]]

 
041-955 \1\..................  Cross Vetpharm Group Ltd.,    Erythromycin Medicated        558.248
                                Broomhill Rd., Tallaght,      Premix.
                                Dublin 24, Ireland.
049-729 \1\..................  Cross Vetpharm Group Ltd.,    PURINA Sulfa                  522.2260a
                                Broomhill Rd., Tallaght,      (sulfamethazine) 12.5%
                                Dublin 24, Ireland.           Solution.
100-128 \1\..................  Cross Vetpharm Group Ltd.,    Supersweet Medipak TYLAN 10.  558.625
                                Broomhill Rd., Tallaght,
                                Dublin 24, Ireland.
200-307 \1\..................  Vetoquinol N.-A., Inc., 2000  Penicillin G Potassium, USP,  520.1696b
                                chemin Georges, Lavaltrie     Soluble Powder.
                                (PQ), Canada J5T 3S5.
----------------------------------------------------------------------------------------------------------------
\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.

    Therefore, under authority delegated to the Commissioner of Food 
and Drugs and redelegated to the Center for Veterinary Medicine, and in 
accordance with Sec.  514.116 Notice of withdrawal of approval of 
application (21 CFR 514.116), notice is given that approval of NADAs 
007-076, 008-244, 041-955, 049-729, 100-128, and ANADA 200-307, and all 
supplements and amendments thereto, is hereby withdrawn, effective June 
20, 2016.
    Elsewhere in this issue of the Federal Register, FDA is amending 
the animal drug regulations to reflect the voluntary withdrawal of 
approval of these applications.

    Dated: May 31, 2016.
Tracey Forfa,
Acting Director, Center for Veterinary Medicine.
[FR Doc. 2016-13518 Filed 6-7-16; 8:45 am]
BILLING CODE 4164-01-P



                                           36790                   Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Rules and Regulations

                                           § 556.748        Tylvalosin.                                      PART 558—NEW ANIMAL DRUGS FOR                                ■  18. In § 558.4, in paragraph (d), in the
                                           *     *     *    *    *                                           USE IN ANIMAL FEEDS                                          ‘‘Category I’’ table, add an entry in
                                                                                                                                                                          alphabetical order for ‘‘Tylvalosin’’ to
                                             (c) Related conditions of use. See
                                                                                                             ■ 17. The authority citation for part 558                    read as follows:
                                           §§ 520.2645 and 558.633 of this chapter.
                                                                                                             continues to read as follows:                                § 558.4 Requirement of a medicated feed
                                                                                                               Authority: 21 U.S.C. 354, 360b, 360ccc,                    mill license.
                                                                                                             360ccc–1, 371.                                               *       *     *       *   *
                                                                                                                                                                              (d) * * *

                                                                                                                                 CATEGORY I
                                                                                                                                                                                                        Assay limits per-
                                                                    Drug                                    Assay limits percent Type A                            Type B maximum (200x)                 cent Type B/C


                                                     *                               *                           *                          *                       *                       *                 *
                                           Tylvalosin ...............................................                    90–110                                               3.86 g/lb                     85–115

                                                        *                              *                         *                          *                       *                       *                  *



                                           *        *        *        *        *                               (2) VFDs for tylvalosin shall not be                       ACTION:    Notification of withdrawal.
                                                                                                             refilled.
                                           § 558.248        [Amended]                                          (3) An expiration date of 1 week is                        SUMMARY:  The Food and Drug
                                           ■ 19. Effective June 20, 2016, in                                 required for tylvalosin Type C                               Administration (FDA) is withdrawing
                                           § 558.248, revise paragraphs (a) and (b)                          medicated swine feeds in pelleted or                         approval of five new animal drug
                                           and remove and reserve paragraph                                  crumbled form.                                               applications (NADAs) and an
                                           (d)(1)(iii).                                                        (e) Conditions of use in swine—(1)                         abbreviated new animal drug
                                             The revisions read as follows:                                  Amount. Administer 38.6 grams
                                                                                                                                                                          application (ANADA). This action is
                                                                                                             tylvalosin per ton of Type C medicated
                                           § 558.248        Erythromycin.                                                                                                 being taken at the sponsors’ request
                                                                                                             feed (42.5 ppm) as the sole ration for 14
                                             (a) Specifications. Type A medicated                            consecutive days.                                            because these products are no longer
                                           articles containing 5 or 10 percent                                 (2) Indications for use. For the control                   manufactured or marketed.
                                           erythromycin thiocyanate.                                         of porcine proliferative enteropathy
                                             (b) Sponsor. See No. 061623 in                                                                                               DATES:  Withdrawal of approval is
                                                                                                             (PPE) associated with Lawsonia                               effective June 20, 2016.
                                           § 510.600(c) of this chapter.                                     intracellularis infection in groups of
                                           *     *     *     *    *                                          swine in buildings experiencing an                           FOR FURTHER INFORMATION CONTACT:
                                                                                                             outbreak of PPE.                                             Sujaya Dessai, Center for Veterinary
                                           § 558.625        [Amended]
                                                                                                                                                                          Medicine (HFV–212), Food and Drug
                                           ■ 20. Effective June 20, 2016, in                                   Dated: May 31, 2016.
                                                                                                                                                                          Administration, 7519 Standish Pl.,
                                           § 558.625, remove paragraph (b)(3) and                            Tracey Forfa,
                                                                                                                                                                          Rockville, MD 20855, 240–402–5761,
                                           redesignate paragraphs (b)(4) and (5) as                          Acting Director, Center for Veterinary
                                                                                                             Medicine.
                                                                                                                                                                          sujaya.dessai@fda.hhs.gov.
                                           paragraphs (b)(3) and (4).
                                           ■ 21. Add § 558.633 to read as follows:                           [FR Doc. 2016–13517 Filed 6–7–16; 8:45 am]                   SUPPLEMENTARY INFORMATION:     The
                                                                                                             BILLING CODE 4164–01–P                                       sponsors of the following applications
                                           § 558.633        Tylvalosin.
                                                                                                                                                                          have requested that FDA withdraw
                                             (a) Specifications. Type A medicated                                                                                         approval of the NADAs and ANADA
                                           articles containing 77.12 grams                                   DEPARTMENT OF HEALTH AND                                     listed in the following table because the
                                           tylvalosin per pound as tylvalosin                                HUMAN SERVICES                                               products are no longer manufactured or
                                           tartrate.
                                             (b) Sponsor. See No. 066916 in                                                                                               marketed:
                                                                                                             Food and Drug Administration
                                           § 510.600(c) of this chapter.
                                             (c) Related tolerances. See § 556.748                           21 CFR Parts 520 and 558
                                           of this chapter.
                                             (d) Special considerations—(1)                                  [Docket No. FDA–2016–N–0002]
                                           Federal law restricts tylvalosin
                                                                                                             New Animal Drugs; Withdrawal of
                                           medicated feeds to use under a
                                                                                                             Approval of a New Animal Drug
                                           veterinary feed directive (VFD) and the
                                                                                                             Application
                                           professional supervision of a licensed
                                           veterinarian. See § 558.6 of this chapter                         AGENCY:      Food and Drug Administration,
                                           for additional requirements.                                      HHS.

                                                                                                                                                                                                                21 CFR
                                                  File No.                                              Sponsor                                                          Product name                           section
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                                           007–076 1 ............         Cross Vetpharm Group Ltd., Broomhill Rd., Tallaght,                      SULFA–NOX Liquid (sulfaquinoxaline) 3.44% Solution         520.2325a
                                                                            Dublin 24, Ireland.
                                           008–244 1 ............         Cross Vetpharm Group Ltd., Broomhill Rd., Tallaght,                      SULFA–NOX Concentrate (sulfaquinoxaline) 12.85%            520.2325a
                                                                            Dublin 24, Ireland.                                                     Solution.




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                                                              Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Rules and Regulations                                                      36791

                                                                                                                                                                                                        21 CFR
                                                 File No.                                     Sponsor                                                      Product name                                 section

                                           041–955 1 ............   Cross Vetpharm Group Ltd., Broomhill Rd., Tallaght,            Erythromycin Medicated Premix ...................................   558.248
                                                                      Dublin 24, Ireland.
                                           049–729 1 ............   Cross Vetpharm Group Ltd., Broomhill Rd., Tallaght,            PURINA Sulfa (sulfamethazine) 12.5% Solution .........              522.2260a
                                                                      Dublin 24, Ireland.
                                           100–128 1 ............   Cross Vetpharm Group Ltd., Broomhill Rd., Tallaght,            Supersweet Medipak TYLAN 10 ..................................      558.625
                                                                      Dublin 24, Ireland.
                                           200–307 1 ............   Vetoquinol N.-A., Inc., 2000 chemin Georges,                   Penicillin G Potassium, USP, Soluble Powder ............            520.1696b
                                                                      Lavaltrie (PQ), Canada J5T 3S5.
                                              1These NADAs were identified as being affected by guidance for industry #213, ‘‘New Animal Drugs and New Animal Drug Combination Prod-
                                           ucts 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.


                                             Therefore, under authority delegated                  Act) further amended the 1990 Act by                     decline in the real value of the penalty.
                                           to the Commissioner of Food and Drugs                   requiring agencies to adjust CMPs, if                    To remedy this decline, the 2015 Act
                                           and redelegated to the Center for                       necessary, pursuant to a ‘‘catch-up’’                    (section 701 of Pub. L. 114–74) requires
                                           Veterinary Medicine, and in accordance                  adjustment methodology prescribed by                     agencies to adjust the level of CMPs
                                           with § 514.116 Notice of withdrawal of                  the 2015 Act, which mandates that the                    with an initial ‘‘catch-up’’ adjustment
                                           approval of application (21 CFR                         catch up adjustment take effect no later                 through a rulemaking and to make
                                           514.116), notice is given that approval                 than August 1, 2016. Additionally, the                   subsequent annual inflationary
                                           of NADAs 007–076, 008–244, 041–955,                     2015 Act requires agencies to make                       adjustments to their respective CMPs
                                           049–729, 100–128, and ANADA 200–                        annual adjustments to their respective                   using a methodology mandated by the
                                           307, and all supplements and                            CMPs in accordance with guidance                         legislation.
                                           amendments thereto, is hereby                           issued by the Office of Management and                     The 1990 Act defines civil monetary
                                           withdrawn, effective June 20, 2016.                     Budget. The revised CMP adjustments                      penalty as any penalty, fine, or other
                                             Elsewhere in this issue of the Federal                in this rule will apply only to those                    sanction that:
                                           Register, FDA is amending the animal                    penalties assessed after its effective                     • Is for a specific monetary amount as
                                           drug regulations to reflect the voluntary               date; subsequent annual adjustments are                  provided for in federal law; or has a
                                           withdrawal of approval of these                         to be published not later than January                   maximum amount provided for by
                                           applications.                                           15 of each year. In keeping with                         federal law; and
                                             Dated: May 31, 2016.                                  guidance provided by the Office of                         • is assessed or enforced by an agency
                                                                                                   Management and Budget, the new                           as pursuant to federal law; and,
                                           Tracey Forfa,
                                                                                                   penalty levels will apply to all                           • is assessed or enforced pursuant to
                                           Acting Director, Center for Veterinary                  assessments made on or after August 1,                   an administrative proceeding or a civil
                                           Medicine.
                                                                                                   2016, regardless of the date on which                    action in the federal courts.
                                           [FR Doc. 2016–13518 Filed 6–7–16; 8:45 am]                                                                         Within the Department of State (Title
                                                                                                   the underlying facts or violations
                                           BILLING CODE 4164–01–P                                  occurred.                                                22, Code of Federal Regulations), this
                                                                                                                                                            rule affects four areas:
                                                                                                   DATES: This final rule is effective August
                                                                                                                                                              (1) Part 35, which implements the
                                                                                                   1, 2016.
                                           DEPARTMENT OF STATE                                                                                              Program Fraud Civil Remedies Act of
                                                                                                   FOR FURTHER INFORMATION CONTACT:                         1986 (PFCRA), codified at 31 U.S.C.
                                           22 CFR Parts 35, 103, 127, and 138                      Alice Kottmyer, Attorney-Adviser,                        3801–3812;
                                                                                                   Office of Management, kottmyeram@                          (2) Part 103, which implements the
                                           [Public Notice: 9536]
                                                                                                   state.gov. ATTN: Regulatory Change,                      Chemical Weapons Convention
                                           RIN 1400–AD94                                           CMP Adjustments, (202) 647–2318.                         Implementation Act of 1998 (CWC Act);
                                                                                                   SUPPLEMENTARY INFORMATION: The 1990                        (3) Part 127, which implements the
                                           Civil Monetary Penalties Inflationary                   Act (Pub. L. 101–410) provided for the                   penalty provisions of sections 38(e),
                                           Adjustment                                              regular evaluation of CMPs by federal                    39A(c), and 40(k) of the Arms Export
                                           AGENCY:    Department of State.                         agencies. Periodic inflationary                          Control Act (AECA) (22 U.S.C. 2778(e),
                                           ACTION:   Final rule.                                   adjustments of CMPs ensure that the                      2779a(c), 2780(k)); and
                                                                                                   consequences of statutory violations                       (4) Part 138, which implements
                                           SUMMARY:   This final rule is issued to                 adequately reflect the gravity of such                   Section 319 of Public Law 101–221,
                                           adjust the civil monetary penalties                     offenses and that CMPs are properly                      codified at 31 U.S.C. 1352, and prohibits
                                           (CMP) for regulatory provisions                         accounted for and collected by the                       recipients of federal contracts, grants,
                                           maintained and enforced by the                          federal government. In April 1996, the                   and loans from using appropriated
                                           Department of State. The Federal Civil                  1990 Act was amended by the 1996 Act                     funds for lobbying the Executive or
                                           Penalties Inflation Adjustment Act of                   (Pub. L. 104–134), which required                        Legislative Branches of the federal
                                           1990 (the 1990 Act), as amended by the                  federal agencies to adjust their CMPs at                 government in connection with a
                                           Debt Collection Improvement Act of                      least once every four years. However,                    specific contract.
                                           1996 (the 1996 Act), required the head                  because inflationary adjustments to                        The 2015 Act instructs agencies to
                                           of each agency to adjust its CMPs for                   CMPs were statutorily capped at ten                      make a one-time catch-up adjustment to
ehiers on DSK5VPTVN1PROD with RULES




                                           inflation no later than October 23, 1996                percent of the maximum penalty                           CMPs using the maximum penalty level
                                           and required agencies to make                           amount, but only required to be                          or range of minimum and maximum
                                           adjustments at least once every four                    calculated every four years, CMPs in                     penalties as they were ‘‘most recently
                                           years thereafter. The Federal Civil                     many cases did not correspond with the                   established or adjusted under a
                                           Penalties Inflation Adjustment Act                      true measure of inflation over the                       provision of law other than [the 1990]
                                           Improvements Act of 2015 (the 2015                      preceding four year period, leading to a                 Act.’’ Nevertheless, the 2015 Act


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Document Created: 2016-06-08 03:10:44
Document Modified: 2016-06-08 03:10:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotification of withdrawal.
DatesWithdrawal of approval is effective June 20, 2016.
ContactSujaya Dessai, Center for Veterinary Medicine (HFV-212), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-402-5761, [email protected]
FR Citation81 FR 36790 
CFR Citation21 CFR 520
21 CFR 558

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