Regulations under the Comprehensive Smokeless Tobacco Health Education Act; Termination of Rulemaking Proceeding, 3665-3666 [2010-1041]
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Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Proposed Rules
if appropriate, smokeless tobacco plans
specifying how affected companies
planned to comply with the rotational
warning requirements specified in the
Smokeless Tobacco Act and the
implementing regulations.
On March 7, 2000, the Commission
published a request for public comment
on the regulations, 65 FR 11944, as part
of its periodic review of its trade
regulation rules and guides. The
purpose of the review was to determine
whether the existing smokeless tobacco
regulations continued to meet the goals
of the Smokeless Tobacco Act and to
provide the protections intended when
they were promulgated. The comment
period was extended twice in 2000, 65
FR 26534 (May 8, 2000) and 65 FR
60899 (Oct. 13, 2000). The request for
comments elicited 39 written
responses.2 Virtually all of the
comments supported the continuation
of health warnings on smokeless
tobacco packages and in advertising.
Most comments also recommended that
the FTC amend its regulations to require
stronger, more effective, and more
enforceable health warning
requirements. Members of the smokeless
tobacco industry recommended against
any amendments, stating that the
existing regulations effectively served
the purpose of the Smokeless Tobacco
Act.
On June 22, 2009, President Obama
signed into law the Family Smoking
Prevention and Tobacco Control Act,
Pub. L. No. 111-31, 123 Stat. 1776
(2009) (‘‘Family Smoking Prevention
Act’’). The Family Smoking Prevention
Act, among other things, amends the
Smokeless Tobacco Act to require new
size, format, and display requirements
for the statutory health warnings, and to
transfer authority over the review and
approval of rotational warning plans to
the Secretary of the Department of
Health and Human Services (‘‘DHHS’’).
The Family Smoking Prevention Act
also gives the Secretary of the DHHS
authority to change the warning
statements and to change the size,
format, and display requirements of
those warnings. The statute specifies
that the new warning scheme for
smokeless tobacco products will become
effective by July 2010.
Given the new statutory size, format,
and display requirements, and the
transfer of authority over the health
warnings to the DHHS, the
2 The commenters included Members of
Congress, officials at federal, state, and local
government health agencies, the largest smokeless
tobacco manufacturer, the smokeless tobacco trade
association, a manufacturer of cigarettes and
smokeless tobacco products, public health
organizations, and individuals.
VerDate Nov<24>2008
14:42 Jan 21, 2010
Jkt 220001
Commission’s regulatory review has
been terminated.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2010–1043 Filed 1–21–10; 8:45 am]
BILLING CODE 6750–01–S
FEDERAL TRADE COMMISSION
16 CFR Part 307
Regulations under the Comprehensive
Smokeless Tobacco Health Education
Act; Termination of Rulemaking
Proceeding
Federal Trade Commission.
Notice of Termination of
Rulemaking Proceeding.
AGENCY:
ACTION:
SUMMARY: The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
has terminated its rulemaking
concerning a proposed amendment to
its regulations (‘‘smokeless tobacco
regulations’’), , implementing the
Comprehensive Smokeless Tobacco
Health Education Act of 1986
(‘‘Smokeless Tobacco Act’’). The
proposed amendment expressly
provided that sponsored racing vehicles
and other event-related objects that
display the brand name, logo, or selling
message of smokeless tobacco products
are advertising subject to the Smokeless
Tobacco Act and the Commission’s
implementing regulations. In addition,
the proposal set out a method for the
display and rotation of the statutory
health warnings on the objects subject to
the amendment.
EFFECTIVE DATE: December 3, 2009.
ADDRESSES: Requests for copies of this
notice should be sent to the Consumer
Response Center, Room 130, Federal
Trade Commission, 600 Pennsylvania
Ave., NW, Washington, DC 20580. The
notice also is available on the Internet
on the Commission’s Web site, (https://
www.ftc.gov).
FOR FURTHER INFORMATION CONTACT:
Shira Modell, Division of Advertising
Practices, Bureau of Consumer
Protection, Federal Trade Commission,
600 Pennsylvania Ave., NW,
Washington, DC 20580, 202-326-3116.
SUPPLEMENTARY INFORMATION: In 1991,
the Coalition on Smoking OR Health
petitioned the Commission to enforce
the Smokeless Tobacco Act by requiring
rotational health warnings on sponsored
racing cars, banners, flags, and other
event-related objects. On November 4,
1993 (58 FR 58810), the FTC published
a Notice of Proposed Rulemaking
(‘‘Notice’’) requesting public comment
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
3665
on a proposed amendment to the
Commission’s smokeless tobacco
regulations that expressly provided that
sponsored racing vehicles and other
event-related objects bearing smokeless
tobacco brand names, logos, or selling
messages are subject to the statutory
health warning requirements. The
Notice also set out a method for
displaying and rotating the health
warnings on the objects encompassed by
the proposed amendment.
During the public comment period,
the Commission received approximately
217 substantive comments, numerous
petitions signed by members of specific
racing teams, and about 53,000
postcards.1 Of the substantive
comments, 200 opposed the proposed
regulations and 17 supported the
proposal to require warnings on
vehicles and other event-related objects.
The race team petitions likewise
generally opposed the proposal, and the
postcards contained a pre-printed
message opposing the proposal.
On June 22, 2009, President Obama
signed into law the Family Smoking
Prevention and Tobacco Control Act,
Pub. L. No. 111-31, 123 Stat. 1776
(2009) (‘‘Family Smoking Prevention
Act’’). The Family Smoking Prevention
Act, among other things, transfers
authority over the size, format, and
display of the smokeless tobacco health
warnings to the Secretary of the
Department of Health and Human
Services (‘‘DHHS’’). Thus, pursuant to
the Family Smoking Prevention Act,
determinations as to whether and how
to display and rotate warnings on
various objects or vehicles will be made
by DHHS. Further, the Family Smoking
Prevention Act directs the DHHS to reissue its Regulations Restricting the Sale
and Distribution of Cigarettes and
Smokeless Tobacco to Protect Children
and Adolescents, 61 FR 44615-618 (Aug.
28, 1996). Those regulations would
prohibit cigarette and smokeless tobacco
manufacturers from sponsoring athletic
and entertainment events using brand
names, logos, or selling messages.
Given these legislative and likely
regulatory changes, the Commission has
determined that it would be more
appropriate for the DHHS to consider
the issues raised in this rulemaking
proceeding. Accordingly, the
Commission concludes that it is not in
1 The comments were filed by Members of
Congress, a state governor, four manufacturers of
smokeless tobacco products, state health agencies,
a local chamber of commerce, public health and
public interest organizations, representatives of
event-related businesses such as arenas, race track
owners, team owners, sports sanctioning bodies,
sporting event announcers, and racing car drivers,
as well as other individuals.
E:\FR\FM\22JAP1.SGM
22JAP1
3666
Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Proposed Rules
the public interest to continue this
proceeding and it hereby gives notice of
its termination.
By direction of the Commission.
Donald S. Clark,
Secretary.
Form and Manner of New Broker
Reporting Requirements’’, last line of the
first paragraph of the column, the
language ‘‘pub/irs-dft/f1099k-dft.pdf.’’ is
corrected to read ‘‘pub/irs-dft/f1099b-dft.pdf.’’.
[FR Doc. 2010–1041 Filed 1–21–10: 8:45 am]
§ 1.6045–1
BILLING CODE 6750–01–S
2. On page 67035, column 2,
paragraph (f)(2)(i), lines 6 thru 8, the
language ‘‘shall show on Form 1099,
‘‘U.S. Information Return for Calendar
Year 1971,’’ or any successor form the
name,’’ is corrected to read ‘‘shall show
on Form 1099–B, ‘‘Proceeds from Broker
and Barter Exchange Transactions,’’ or
any successor form the name’’.
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–101896–09]
RIN 1545–BI66
Basis Reporting by Securities Brokers
and Basis Determination for Stock;
Correction
[Corrected]
Guy R. Traynor,
Acting Chief, Publications and Regulations
Branch, Legal Processing Division, Associate
Chief Counsel (Procedure and
Administration).
[FR Doc. 2010–1122 Filed 1–21–10; 8:45 am]
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to a notice of
proposed rulemaking.
BILLING CODE 4830–01–P
SUMMARY: This document contains
corrections to a notice of proposed
rulemaking that was published in the
Federal Register on Thursday,
December 17, 2009, relating to reporting
sales of securities by brokers and
determining the basis of securities.
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations
under section 1012, Edward C.
Schwartz, (202) 622–4960; Concerning
the proposed regulations under sections
3406, 6045, 6045A, 6045B, 6721, and
6722, Stephen Schaeffer, (202) 622–
4910 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
Copyright Royalty Board
AGENCY:
Background
A notice of proposed rulemaking that
is the subject of this document is under
sections 408, 1012, 6039, 6042, 6044,
6045, 6045A, 6045B and 6049 of the
Internal Revenue Code.
Need for Correction
erowe on DSK5CLS3C1PROD with PROPOSALS-1
As published, a notice of proposed
rulemaking (REG–101896–09),
published Thursday, December 17, 2009
(74 FR 67010), contains errors that may
prove to be misleading and are in need
of clarification.
Correction of Publication
Accordingly, the publication of a
notice of proposed rulemaking (REG–
101896–09), which was the subject of
FR Doc. E9–29855, is corrected as
follows:
1. On page 67013, column 3, in the
preamble, under paragraph heading ‘‘a.
VerDate Nov<24>2008
14:42 Jan 21, 2010
Jkt 220001
LIBRARY OF CONGRESS
37 CFR Part 383
[Docket No. 2009–2 CRB New Subscription
II]
Digital Performance Right in Sound
Recordings and Ephemeral
Recordings for a New Subscription
Service
AGENCY: Copyright Royalty Board,
Library of Congress.
ACTION: Proposed rule.
SUMMARY: The Copyright Royalty Judges
are publishing for comment proposed
regulations that set the rates and terms
for the use of sound recordings in
transmissions made by new
subscription services and for the making
of ephemeral recordings necessary for
the facilitation of such transmissions for
the period commencing January 1, 2011,
and ending on December 31, 2015.
DATES: Comments and objections, if any,
are due by no later than February 22,
2010.
Comments and objections
may be sent electronically to
crb@loc.gov. In the alternative, send an
original, five copies and an electronic
copy on a CD either by mail or hand
delivery. Please do not use multiple
means of transmission. Comments and
objections may not be delivered by an
overnight delivery service other than
U.S. Postal Service Express Mail. If by
mail (including overnight delivery),
comments and objections must be
ADDRESSES:
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
addressed to: Copyright Royalty Board,
P.O. Box 70977, Washington, DC 20024–
0977. If hand delivered by a private
party, comments and objections must be
brought to the Copyright Office Public
Information Office, Library of Congress,
James Madison Memorial Building,
Room LM–401, 101 Independence
Avenue, SE., Washington, DC 20559–
6000, between 8:30 a.m. and 5 p.m. If
delivered by commercial courier,
comments and objections must be
delivered between 8:30 a.m. and 4 p.m.
to the Congressional Courier Acceptance
Site located at 2nd and D Street, NE.,
Washington, DC, and the envelope must
be addressed as follows: Copyright
Royalty Board, Library of Congress,
James Madison Memorial Building,
Room LM–403, 101 Independence
Avenue, SE., Washington, DC 20559–
6000.
FOR FURTHER INFORMATION CONTACT:
Richard Strasser, Senior Attorney, or
Gina Giuffreda, Attorney Advisor, by
telephone at (202) 707–7658 or by email at crb@loc.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 114(f)(2)(C) of the Copyright
Act, title 17 of the United States Code,
allows a new type of eligible
nonsubscription service or a new
subscription service on which sound
recordings are performed that is or is
about to become operational to file a
petition with the Copyright Royalty
Judges (‘‘Judges’’) for the purpose of
determining reasonable terms and rates.
17 U.S.C. 114(f)(2)(C). Section 112(e)
allows the making of ephemeral
reproductions for the purpose of
facilitating certain digital audio
transmissions, including those made by
new subscription services. 17 U.S.C.
112(e). Upon receipt of a petition filed
pursuant to section 114(f)(2)(C), the
Judges are required to commence a
proceeding to determine said reasonable
terms and rates. 17 U.S.C.
804(b)(3)(C)(ii). The Judges have
conducted one proceeding pursuant to
these provisions. See 70 FR 72471,
72472 (December 5, 2005) (after receipt
of petition, commencing proceeding to
determine rates and terms for a new
type of subscription service that
‘‘performs sound recordings on digital
audio channels programmed by the
licensee for transmission by a satellite
television distribution service to its
residential customers, where the audio
channels are bundled with television
channels as part of a ‘basic’ package of
service and not for a separate fee’’). The
parties to that proceeding ultimately
reached an agreement on the rates and
E:\FR\FM\22JAP1.SGM
22JAP1
Agencies
[Federal Register Volume 75, Number 14 (Friday, January 22, 2010)]
[Proposed Rules]
[Pages 3665-3666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1041]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 307
Regulations under the Comprehensive Smokeless Tobacco Health
Education Act; Termination of Rulemaking Proceeding
AGENCY: Federal Trade Commission.
ACTION: Notice of Termination of Rulemaking Proceeding.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') has
terminated its rulemaking concerning a proposed amendment to its
regulations (``smokeless tobacco regulations''), , implementing the
Comprehensive Smokeless Tobacco Health Education Act of 1986
(``Smokeless Tobacco Act''). The proposed amendment expressly provided
that sponsored racing vehicles and other event-related objects that
display the brand name, logo, or selling message of smokeless tobacco
products are advertising subject to the Smokeless Tobacco Act and the
Commission's implementing regulations. In addition, the proposal set
out a method for the display and rotation of the statutory health
warnings on the objects subject to the amendment.
EFFECTIVE DATE: December 3, 2009.
ADDRESSES: Requests for copies of this notice should be sent to the
Consumer Response Center, Room 130, Federal Trade Commission, 600
Pennsylvania Ave., NW, Washington, DC 20580. The notice also is
available on the Internet on the Commission's Web site, (https://www.ftc.gov).
FOR FURTHER INFORMATION CONTACT: Shira Modell, Division of Advertising
Practices, Bureau of Consumer Protection, Federal Trade Commission, 600
Pennsylvania Ave., NW, Washington, DC 20580, 202-326-3116.
SUPPLEMENTARY INFORMATION: In 1991, the Coalition on Smoking OR Health
petitioned the Commission to enforce the Smokeless Tobacco Act by
requiring rotational health warnings on sponsored racing cars, banners,
flags, and other event-related objects. On November 4, 1993 (58 FR
58810), the FTC published a Notice of Proposed Rulemaking (``Notice'')
requesting public comment on a proposed amendment to the Commission's
smokeless tobacco regulations that expressly provided that sponsored
racing vehicles and other event-related objects bearing smokeless
tobacco brand names, logos, or selling messages are subject to the
statutory health warning requirements. The Notice also set out a method
for displaying and rotating the health warnings on the objects
encompassed by the proposed amendment.
During the public comment period, the Commission received
approximately 217 substantive comments, numerous petitions signed by
members of specific racing teams, and about 53,000 postcards.\1\ Of the
substantive comments, 200 opposed the proposed regulations and 17
supported the proposal to require warnings on vehicles and other event-
related objects. The race team petitions likewise generally opposed the
proposal, and the postcards contained a pre-printed message opposing
the proposal.
---------------------------------------------------------------------------
\1\ The comments were filed by Members of Congress, a state
governor, four manufacturers of smokeless tobacco products, state
health agencies, a local chamber of commerce, public health and
public interest organizations, representatives of event-related
businesses such as arenas, race track owners, team owners, sports
sanctioning bodies, sporting event announcers, and racing car
drivers, as well as other individuals.
---------------------------------------------------------------------------
On June 22, 2009, President Obama signed into law the Family
Smoking Prevention and Tobacco Control Act, Pub. L. No. 111-31, 123
Stat. 1776 (2009) (``Family Smoking Prevention Act''). The Family
Smoking Prevention Act, among other things, transfers authority over
the size, format, and display of the smokeless tobacco health warnings
to the Secretary of the Department of Health and Human Services
(``DHHS''). Thus, pursuant to the Family Smoking Prevention Act,
determinations as to whether and how to display and rotate warnings on
various objects or vehicles will be made by DHHS. Further, the Family
Smoking Prevention Act directs the DHHS to re-issue its Regulations
Restricting the Sale and Distribution of Cigarettes and Smokeless
Tobacco to Protect Children and Adolescents, 61 FR 44615-618 (Aug. 28,
1996). Those regulations would prohibit cigarette and smokeless tobacco
manufacturers from sponsoring athletic and entertainment events using
brand names, logos, or selling messages.
Given these legislative and likely regulatory changes, the
Commission has determined that it would be more appropriate for the
DHHS to consider the issues raised in this rulemaking proceeding.
Accordingly, the Commission concludes that it is not in
[[Page 3666]]
the public interest to continue this proceeding and it hereby gives
notice of its termination.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2010-1041 Filed 1-21-10: 8:45 am]
BILLING CODE 6750-01-S