Non-Face-to-Face Sale and Distribution of Tobacco Products and Advertising, Promotion, and Marketing of Tobacco Products; Extension of Comment Period, 76096-76097 [2011-31225]

Download as PDF 76096 Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Proposed Rules that (i) Has been determined to be subject to the EAR in a commodity jurisdiction determination issued by the U.S. Department of State and (ii) is not otherwise identified elsewhere on the CCL. 10. In Supplement No. 1 to part 774, Category 0, add Export Control Classification Number 0E606 between Export Control Classification Numbers 0E018 and 0E918 to read as follows: 0E606 Technology ‘‘required’’ for the ‘‘development,’’ ‘‘production,’’ operation, installation, maintenance, repair, or overhaul, of ground vehicles and related commodities in 0A606, 0B606, 0C606, or 0D606. License Requirements Reason for Control: NS, RS, AT Control(s) NS applies to entire entry, except 0E606.y. RS applies to entire entry, except 0E606.y. AT applies to entire entry. tkelley on DSK3SPTVN1PROD with PROPOSALS-1 [FR Doc. 2011–30976 Filed 12–5–11; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 1140 [Docket No. FDA–2011–N–0467] RIN 0910–AG43 Non-Face-to-Face Sale and Distribution of Tobacco Products and Advertising, Promotion, and Marketing of Tobacco Products; Extension of Comment Period Country chart NS Column 1 RS Column 1 AGENCY: Food and Drug Administration, HHS. Advance notice of proposed rulemaking; extension of comment period. ACTION: AT Column 1 License Exceptions CIV: N/A TSR: N/A STA: Paragraph (c)(2) of License Exception STA (§ 740.20(c)(2)) of the EAR may not be used for any technology in 0D606. List of Items Controlled Unit: N/A Related Controls: Technical data directly related to articles enumerated in USML Category VII are subject to the controls of USML paragraph VII(h). See ECCN 0A919 for foreign made ‘‘military commodities’’ that incorporate more than 10% U.S.-origin ‘‘600 series’’ items. Related Definitions: N/A Items: a. ‘‘Technology’’ ‘‘required’’ for the ‘‘development,’’ ‘‘production,’’ operation, installation, maintenance, repair, or overhaul, of commodities enumerated in ECCN 0A606 (except for ECCNs 0A606.b or 0A606.y). b. through w. [RESERVED] y. Specific ‘‘technology’’ ‘‘required’’ for the ‘‘production,’’ ‘‘development,’’ operation, installation, maintenance, repair, or overhaul, of commodities enumerated in ECCN 0A606.y., 0B606.y, or 0C606.y, as follows: y.1. Specific ‘‘technology’’ ‘‘required’’ for the ‘‘production,’’ ‘‘development,’’ operation, installation, maintenance, repair or overhaul of commodities enumerated in ECCN 9A610.y, 9B610.y, 9C610.y, or 9D610.y. y.2. through y.98 [RESERVED] y.99. ‘‘Technology’’ that would otherwise be controlled elsewhere by ECCN 0E606 but that (i) Has been determined to be subject to the EAR in a commodity jurisdiction determination issued by the U.S. Department of State and (ii) is not otherwise identified elsewhere on the CCL. VerDate Mar<15>2010 Dated: November 28, 2011. Kevin J. Wolf, Assistant Secretary for Export Administration. 15:26 Dec 05, 2011 Jkt 226001 The Food and Drug Administration (FDA) is extending the comment period until January 19, 2012, for an advance notice of proposed rulemaking (ANPRM) that was published in the Federal Register of September 9, 2011 (76 FR 55835). In that document, FDA requested comments, data, research, or other information related to non-face-to-face sale and distribution of tobacco products; the advertising, promotion, and marketing of such products; and the advertising of tobacco products via the Internet, email, direct mail, telephone, smart phones, and other communication technologies that can be directed to specific recipients. The Agency is extending the comment period in response to a request to give interested parties additional time to comment. DATES: Submit either electronic or written comments by January 19, 2012. ADDRESSES: You may submit comments, identified by Docket No. FDA–2011–N– 0467 and/or RIN number 0910–AG43, by any of the following methods: SUMMARY: Electronic Submissions Submit electronic comments in the following way: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Written Submissions Submit written submissions in the following ways: • FAX: (301) 827–6870. PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 • Mail/Hand delivery/Courier (for paper, disk, or CD–ROM submissions): Division of Dockets Management (HFA– 305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. Instructions: All submissions received must include the Agency name and Docket No. FDA–2011–N–0467 and Regulatory Information Number (RIN 0910–AG43) for this rulemaking. All comments received may be posted without change to https:// www.regulations.gov, including any personal information provided. For additional information on submitting comments, see the ‘‘Comments’’ heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the ‘‘Search’’ box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: Beth Buckler, Center for Tobacco Products, Food and Drug Administration, 9200 Corporate Blvd., Rockville, MD 20850– 3229, (877) 287–1373, beth.buckler@fda.hhs.gov. SUPPLEMENTARY INFORMATION: I. Background In the Federal Register of September 9, 2011 (76 FR 55835), FDA issued an ANPRM to obtain information related to the regulation of non-face-to-face sale and distribution of tobacco products and the advertising, promotion, and marketing of tobacco products. FDA took this action as part of its implementation of the Family Smoking Prevention and Tobacco Control Act (Pub. L. 111–31, 123 Stat. 1776). FDA requested comments, data, research, or other information related to non-face-toface sale and distribution of tobacco products; the advertising, promotion, and marketing of such products; and the advertising of tobacco products via the Internet, email, direct mail, telephone, smart phones, and other communication technologies that can be directed to specific recipients. FDA intends to use the information submitted in response to the ANPRM to inform its regulation of the sale and distribution of tobacco products through a non-face-to-face exchange and the advertising, promotion, and marketing of tobacco products. FDA provided a 90-day comment period (i.e., until December 8, 2011) for the ANPRM. E:\FR\FM\06DEP1.SGM 06DEP1 Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Proposed Rules FDA has received a request to extend the comment period. The request stated that additional time is needed to coordinate factual information and policy positions with a large number of States on several of the questions in the ANPRM. The request noted that their comments will be more thorough and of more assistance to FDA if more time is available to develop them. FDA has considered the request and is extending the comment period an additional 6 weeks, until January 19, 2012. We believe that the additional time will provide interested parties sufficient time to submit comments on the ANPRM. II. Comments Interested persons may submit to the Division of Dockets Management (see ADDRESSES) either electronic or written comments regarding this ANPRM. It is only necessary to send one set of comments. It is no longer necessary to send two copies of mailed comments. Identify comments with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Dated: December 1, 2011. Leslie Kux, Acting Assistant Commissioner for Policy. [FR Doc. 2011–31225 Filed 12–5–11; 8:45 am] BILLING CODE 4160–01–P DEPARTMENT OF STATE 22 CFR Part 121 RIN 1400–AC98 [Public Notice 7703] Amendment to the International Traffic in Arms Regulations: Establishment of U.S. Munitions List Category XIX for Gas Turbine Engines Department of State. Proposed rule. AGENCY: ACTION: As part of the President’s Export Control Reform effort, the Department of State proposes to amend the International Traffic in Arms Regulations (ITAR) to establish Category XIX of the U.S. Munitions List (USML) to describe gas turbine engines and associated equipment warranting control on the USML. DATES: The Department of State will accept comments on this proposed rule until January 20, 2012. ADDRESSES: Interested parties may submit comments within 45 days of the tkelley on DSK3SPTVN1PROD with PROPOSALS-1 SUMMARY: VerDate Mar<15>2010 15:26 Dec 05, 2011 Jkt 226001 date of publication by one of the following methods: • Email: DDTCResponseTeam@state.gov with the subject line, ‘‘ITAR Amendments— Category XIX, Gas Turbine Engines.’’ • Internet: At www.regulations.gov, search for this notice by using this rule’s RIN (1400–AC98). Comments received after that date will be considered if feasible, but consideration cannot be assured. We will make all comments (including any personally identifying information or information for which a claim of confidentiality is asserted in those comments or their transmittal emails) available for public inspection and copying after the close of the comment period via the Directorate of Defense Trade Controls Web site at www.pmddtc.state.gov. Parties who wish to comment anonymously may do so by submitting their comments via www.regulations.gov, leaving the fields that would identify the commenter blank and including no identifying information in the comment itself. Comments submitted via www.regulations.gov are immediately available for public inspection. FOR FURTHER INFORMATION CONTACT: Director Charles B. Shotwell, Office of Defense Trade Controls Policy, Department of State, Telephone (202) 663–2792 or Fax (202) 261–8199; Email DDTCResponseTeam@state.gov. Attn: Regulatory Change, USML Category XIX. SUPPLEMENTARY INFORMATION: The Directorate of Defense Trade Controls (DDTC), U.S. Department of State, administers the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120–130). The items subject to the jurisdiction of the ITAR, i.e., ‘‘defense articles,’’ are identified on the ITAR’s U.S. Munitions List (USML) (22 CFR 121.1). With few exceptions, items not subject to the export control jurisdiction of the ITAR are subject to the jurisdiction of the Export Administration Regulations (‘‘EAR,’’ 15 CFR parts 730–774, which includes the Commerce Control List in part 774), administered by the Bureau of Industry and Security (BIS), U.S. Department of Commerce. Both the ITAR and the EAR impose license requirements on exports and reexports. Items not subject to the ITAR or to the exclusive licensing jurisdiction of any other set of regulations are subject to the EAR. Export Control Reform Update The Departments of State and Commerce described in their respective Advance Notices of Proposed PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 76097 Rulemaking (ANPRM) in December 2010 the Administration’s plan to make the USML and the CCL positive, tiered, and aligned so that eventually they can be combined into a single control list (see ‘‘Commerce Control List: Revising Descriptions of Items and Foreign Availability,’’ 75 FR 76664 (December 9, 2010) and ‘‘Revision to the United States Munitions List,’’ 75 FR 76935 (December 10, 2010)). The notices also called for the establishment of a ‘‘bright line’’ between the USML and the CCL to reduce government and industry uncertainty regarding export jurisdiction by clarifying whether particular items are subject to the jurisdiction of the ITAR or the EAR. While these remain the Administration’s ultimate Export Control Reform objectives, their concurrent implementation would be problematic in the near term. In order to more quickly reach the national security objectives of greater interoperability with our allies, enhancing our defense industrial base, and permitting the U.S. Government to focus its resources on controlling and monitoring the export and reexport of more significant items to destinations, end uses, and end users of greater concern than our NATO and other multi-regime partners, the Administration has decided, as an interim step, to propose and implement revisions to both the USML and the CCL that are more positive, but not yet tiered. Specifically, based in part on a review of the comments received in response to the December 2010 notices, the Administration has determined that fundamentally altering the structure of the USML by tiering and aligning them on a category-by-category basis would significantly disrupt the export control compliance systems and procedures of exporters and reexporters. For example, until the entire USML was revised and became final, some USML categories would follow the legacy numbering and control structures while the newly revised categories would follow a completely different numbering structure. In order to allow for the national security benefits to flow from re-aligning the jurisdictional status of defense articles that no longer warrant control on the USML on a category-bycategory basis while minimizing the impact on exporters’ internal control and jurisdictional and classification marking systems, the Administration plans to proceed with building positive lists now and afterward return to structural changes. E:\FR\FM\06DEP1.SGM 06DEP1

Agencies

[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Proposed Rules]
[Pages 76096-76097]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31225]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 1140

[Docket No. FDA-2011-N-0467]
RIN 0910-AG43


Non-Face-to-Face Sale and Distribution of Tobacco Products and 
Advertising, Promotion, and Marketing of Tobacco Products; Extension of 
Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Advance notice of proposed rulemaking; extension of comment 
period.

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

SUMMARY: The Food and Drug Administration (FDA) is extending the 
comment period until January 19, 2012, for an advance notice of 
proposed rulemaking (ANPRM) that was published in the Federal Register 
of September 9, 2011 (76 FR 55835). In that document, FDA requested 
comments, data, research, or other information related to non-face-to-
face sale and distribution of tobacco products; the advertising, 
promotion, and marketing of such products; and the advertising of 
tobacco products via the Internet, email, direct mail, telephone, smart 
phones, and other communication technologies that can be directed to 
specific recipients. The Agency is extending the comment period in 
response to a request to give interested parties additional time to 
comment.

DATES: Submit either electronic or written comments by January 19, 
2012.

ADDRESSES: You may submit comments, identified by Docket No. FDA-2011-
N-0467 and/or RIN number 0910-AG43, by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.

Written Submissions

    Submit written submissions in the following ways:
     FAX: (301) 827-6870.
     Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Agency name 
and Docket No. FDA-2011-N-0467 and Regulatory Information Number (RIN 
0910-AG43) for this rulemaking. All comments received may be posted 
without change to https://www.regulations.gov, including any personal 
information provided. For additional information on submitting 
comments, see the ``Comments'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov and insert the 
docket number, found in brackets in the heading of this document, into 
the ``Search'' box and follow the prompts and/or go to the Division of 
Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beth Buckler, Center for Tobacco 
Products, Food and Drug Administration, 9200 Corporate Blvd., 
Rockville, MD 20850-3229, (877) 287-1373, beth.buckler@fda.hhs.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    In the Federal Register of September 9, 2011 (76 FR 55835), FDA 
issued an ANPRM to obtain information related to the regulation of non-
face-to-face sale and distribution of tobacco products and the 
advertising, promotion, and marketing of tobacco products. FDA took 
this action as part of its implementation of the Family Smoking 
Prevention and Tobacco Control Act (Pub. L. 111-31, 123 Stat. 1776). 
FDA requested comments, data, research, or other information related to 
non-face-to-face sale and distribution of tobacco products; the 
advertising, promotion, and marketing of such products; and the 
advertising of tobacco products via the Internet, email, direct mail, 
telephone, smart phones, and other communication technologies that can 
be directed to specific recipients. FDA intends to use the information 
submitted in response to the ANPRM to inform its regulation of the sale 
and distribution of tobacco products through a non-face-to-face 
exchange and the advertising, promotion, and marketing of tobacco 
products. FDA provided a 90-day comment period (i.e., until December 8, 
2011) for the ANPRM.

[[Page 76097]]

    FDA has received a request to extend the comment period. The 
request stated that additional time is needed to coordinate factual 
information and policy positions with a large number of States on 
several of the questions in the ANPRM. The request noted that their 
comments will be more thorough and of more assistance to FDA if more 
time is available to develop them.
    FDA has considered the request and is extending the comment period 
an additional 6 weeks, until January 19, 2012. We believe that the 
additional time will provide interested parties sufficient time to 
submit comments on the ANPRM.

II. Comments

    Interested persons may submit to the Division of Dockets Management 
(see ADDRESSES) either electronic or written comments regarding this 
ANPRM. It is only necessary to send one set of comments. It is no 
longer necessary to send two copies of mailed comments. Identify 
comments with the docket number found in brackets in the heading of 
this document. Received comments may be seen in the Division of Dockets 
Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: December 1, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-31225 Filed 12-5-11; 8:45 am]
BILLING CODE 4160-01-P
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