Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, Nicotine-Containing E-Liquid(s), and Other Tobacco Products; Request for Comments, 37555-37559 [2015-16151]

Download as PDF 37555 Proposed Rules Federal Register Vol. 80, No. 126 Wednesday, July 1, 2015 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1211 [Document No. AMS–FV–11–0074; PR–A2 and PR–B2] RIN 0581–AD24 Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order; Extension of Comment Period on Supplemental Notices Agricultural Marketing Service, USDA. ACTION: Extension of comment period. AGENCY: Notice is hereby given that the comment period on a supplemental notice to amend the 2013 proposed rule for a Hardwood Lumber and Hardwood Plywood Promotion, Research and Information Order (Order) is extended. Under the proposed Order, assessments would be collected from hardwood lumber and plywood manufacturers and would be used to fund programs to promote hardwood lumber and plywood. The comment period is also extended for the supplemental notice to amend the 2013 proposed rule on procedures for conducting a referendum to determine whether issuance of a proposed Order is favored by manufacturers of hardwood lumber and hardwood plywood. DATES: Comments must be received by September 7, 2015. ADDRESSES: Interested persons are invited to submit written comments on the Internet at https:// www.regulations.gov or to the Promotion and Economics Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406–S, Stop 0244, Washington, DC 20250–0244; facsimile: (202) 205–2800. All comments should reference the docket number and the date and page number of this issue of the Federal Register and will be made available for public inspection, tkelley on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 18:04 Jun 30, 2015 Jkt 235001 including the name and address if provided, in the above office during regular business hours or can be viewed at https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Patricia A. Petrella, Marketing Specialist, Promotion and Economics Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406–S, Stop 0244, Washington, DC 20250–0244; telephone: (301) 334–2891; or facsimile: (202) 205– 2800; or email: Patricia.Petrella@ ams.usda.gov. The proposed rules on the Order and the referendum procedures were published in the Federal Register on November 13, 2013 (78 FR 68298 and 78 FR 67979, respectively). Those rules proposed the establishment of an industry-funded promotion, research and information program for hardwood lumber and hardwood plywood and referendum procedures. Those proposals provided for a 60-day comment period which ended on January 13, 2014. On January 16, 2014, a notice was published in the Federal Register that reopened and extended the comment period on the proposed Order until February 18, 2014 (79 FR 2805). A total of 939 comments were received during both comment periods. As a result of the extensive comments received, USDA published supplemental notices of proposed rulemaking on the proposed Order and the referendum procedures in the Federal Register on June 9, 2015 (80 FR 32493 and 80 FR 32488, respectively) to amend the 2013 proposed rules. USDA received a request to extend the comment period to allow additional time for interested persons to review the proposals and submit comments. USDA is therefore extending the comment period an additional 60 days until September 7, 2015 to provide interested persons more time to review these rules, perform a complete analysis, and submit written comments. SUPPLEMENTARY INFORMATION: Authority: This notice is issued pursuant to the Commodity Promotion, Research and Information Act of 1996 (1996 Act) (7 U.S.C. 7411–7425). Dated: June 26, 2015. Rex A. Barnes, Associate Administrator. [FR Doc. 2015–16184 Filed 6–30–15; 8:45 am] BILLING CODE 3410–02–P PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 1100, 1140, and 1143 [Docket No. FDA–2015–N–1514] RIN 0910–AH24 Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, Nicotine-Containing ELiquid(s), and Other Tobacco Products; Request for Comments AGENCY: Food and Drug Administration, HHS. Advance notice of proposed rulemaking. ACTION: The Food and Drug Administration (FDA) is issuing this advance notice of proposed rulemaking (ANPRM) to obtain information related to the regulation of ‘‘tobacco products’’ subject to the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), and restrictions regarding the sale and distribution of such tobacco products. Specifically, this ANPRM is seeking comments, data, research results, or other information that may inform regulatory actions FDA might take with respect to nicotine exposure warnings and child-resistant packaging for liquid nicotine and nicotine-containing e-liquid(s) that are made or derived from tobacco and intended for human consumption, and potentially for other tobacco products including, but not limited to, novel tobacco products such as dissolvables, lotions, gels, and drinks. In April 2014, FDA published a proposed rule seeking to deem products meeting the statutory definition of ‘‘tobacco product,’’ except accessories to proposed deemed tobacco products, to be subject to the FD&C Act, as amended by the Tobacco Control Act. Specifically, the proposed rule seeks to extend the Agency’s ‘‘tobacco product’’ authorities to those products that meet the statutory definition of ‘‘tobacco product,’’ prohibiting the sale of ‘‘covered tobacco products’’ to individuals under the age of 18, and requiring the display of health warnings on certain tobacco product packages and in advertisements. The deeming SUMMARY: E:\FR\FM\01JYP1.SGM 01JYP1 37556 Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Proposed Rules rulemaking does not address the issues raised in this ANPRM. DATES: Submit either electronic or written comments by August 31, 2015. ADDRESSES: You may submit comments 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: • Mail/Hand delivery/Courier (for paper 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 Docket No. FDA– 2015–N–1514 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(s), 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: Bryant M. Godfrey, Center for Tobacco Products, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993, 1–877– CTP–1373, bryant.godfrey@fda.hhs.gov. SUPPLEMENTARY INFORMATION: tkelley on DSK3SPTVN1PROD with PROPOSALS I. Background The Tobacco Control Act was enacted on June 22, 2009, amending the FD&C Act and providing FDA with the authority to regulate tobacco products (Pub. L. 111–31). Specifically, section 101(b) of the Tobacco Control Act amends the FD&C Act by adding a new chapter that provides FDA with authority over tobacco products. Section 901 of the FD&C Act (21 U.S.C. 387a), as amended by the Tobacco Control Act, states that the new chapter in the FD&C Act (chapter IX—Tobacco Products) (21 U.S.C. 387 through 387u) applies to all cigarettes, cigarette tobacco, roll-yourown tobacco, smokeless tobacco, and VerDate Sep<11>2014 18:04 Jun 30, 2015 Jkt 235001 any other tobacco products that the Secretary of Health and Human Services by regulation deems to be subject to this chapter. Accordingly, in the Federal Register of April 25, 2014 (79 FR 23142), FDA published a proposed rule seeking to deem all products meeting the statutory definition of ‘‘tobacco product’’ in section 201(rr) of the FD&C Act (21 U.S.C. 321(rr)), except accessories to those products, to be subject to chapter IX of the FD&C Act. FDA has evaluated data and science (including all of the evidence submitted to the docket of the proposed ‘‘deeming’’ rule cited below) related to the risks, especially to infants and children, from accidental exposure to nicotine, including exposure to liquid nicotine and nicotine-containing eliquid(s), which are primarily used with electronic nicotine delivery systems (ENDS), such as electronic cigarettes. Recent increases in calls and visits to both poison control centers (see, e.g., CDC’s Morbidity and Mortality Weekly Report, available at https://www.cdc.gov/ mmwr/preview/mmwrhtml/ mm6313a4.htm) and emergency rooms in the United States involving liquid nicotine poisonings and exposures has increased the public health concerns of these exposure risks. As a result of FDA’s evaluation and these recent trends, FDA is considering whether, based on the acute toxicity of nicotine (up to and including nicotine poisoning), it would be appropriate for the protection of the public health to warn the public about the dangers of nicotine exposure, especially due to inadvertent nicotine exposure in infants and children, and/or require that some tobacco products be sold in childresistant packaging. Comments submitted in response to FDA’s proposed rule seeking to deem all tobacco products to be subject to the FD&C Act support such actions, and many request that FDA take prompt action to mitigate nicotine exposure risks (see Docket No. FDA–2014–N– 0189, https://www.regulations.gov). As previously discussed, the FD&C Act provides FDA with authority to regulate tobacco products. Sections 906(d)(1) and 910(c)(1)(B) of the FD&C Act provide FDA the authority to, by regulation or in a marketing authorization order, require restrictions on the sale and distribution of a tobacco product. The restrictions on the sale and distribution of a tobacco product may include restrictions on the access to, and the advertising and promotion of, the tobacco product, if FDA determines such restrictions would be appropriate for the protection of the public health. The FD&C Act also provides FDA with PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 authority to adopt a tobacco product standard under section 907 of the FD&C Act if the Secretary finds that it is appropriate for the protection of the public health. In making such a finding under either section 906(d)(1) or section 907 of the FD&C Act, the Secretary must consider: (1) The risks and benefits to the population as a whole, including users and nonusers of tobacco products; (2) the increased or decreased likelihood that existing users of tobacco products will stop using such products; and (3) the increased or decreased likelihood that those who do not use tobacco products will start using such products. FDA intends to use the information submitted in response to this ANPRM to further inform its thinking about options for issuing potential regulations that would require nicotine exposure warnings and/or child-resistant packaging for some tobacco products, as articulated in this document. For the purposes of the questions in this ANPRM: • ‘‘Liquid nicotine and nicotinecontaining e-liquid(s) (liquid nicotine combined with colorings, flavorings, and/or potentially other ingredients)’’ are generally referred to as liquid nicotine. • ‘‘Liquid nicotine’’ (as used throughout this document) refers to liquid nicotine that is made or derived from tobacco and intended for human consumption. • ‘‘Novel tobacco products’’ (as used throughout this document) refers to products such as dissolvables, lotions, gels, and drinks. II. Requests for Comments and Information FDA is seeking comments, data, research results, and other information related to the following questions. Please explain your responses and provide any evidence or other information supporting your responses to the following questions: A. Nicotine Exposure Warnings 1. Should FDA consider requiring nicotine exposure warning(s) text on liquid nicotine? If so, why? 2. Should FDA consider requiring nicotine exposure warning(s) text on tobacco products other than liquid nicotine, including, but not limited to, novel tobacco products? If so, which products and why? 3. On what basis (e.g., physical characteristics or appearance of the product or packaging, product risks, form of marketing, route of exposure, type of packaging) should FDA determine which products should be E:\FR\FM\01JYP1.SGM 01JYP1 tkelley on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Proposed Rules required to carry the warning(s)? What data or information would be helpful to demonstrate the need for a warning or warnings? 4. If FDA were to require nicotine exposure warning(s) text for liquid nicotine, what issues should the warning(s) address and what wording should be used? Please consider: (a) Whether the warning(s) should be broad, or directed at specific dangers; (b) whether the warning(s) should specifically address oral, ocular, and dermal exposure dangers; (c) whether the warning(s) should focus exclusively on the risks to children and youth, or include the risks to vulnerable populations, such as pregnant women, adults with medical conditions, and pets; (d) whether the warning(s) should contain instructions to avoid the dangers altogether, such as ‘‘keep out of the reach of children’’; (e) whether there are other dangers of liquid nicotine exposure that should be covered by the warning(s); and (f) whether information about what to do in the case of an accidental exposure to liquid nicotine should be included (e.g., when to seek medical attention, when to contact a Poison Control Center). Please submit data or evidence to support your position. 5. With preceding question 4 in mind, should there be multiple textual warnings that randomly display to convey different dangers, or should there be a single, consistent textual warning that covers all of the different dangers? Please submit data or evidence to support your position. 6. If FDA were to require nicotine exposure warning(s) text for tobacco products other than liquid nicotine, including, but not limited to, novel tobacco products, what issues should the warning(s) address and what wording should be used? Please consider: (a) Whether the warning(s) should be broad, or directed at specific dangers; (b) whether the warning(s) should specifically address oral, ocular, and dermal exposure dangers; (c) whether the warning(s) should focus exclusively on the risks to children and youth, or include the risks to vulnerable populations, such as pregnant women, adults with medical conditions, and pets; (d) whether the warning(s) should contain instructions to avoid the dangers altogether, such as ‘‘keep out of the reach of children’’; (e) whether there are other dangers of nicotine exposure that should be covered by the warning(s); and (f) whether information about what to do in the case of an accidental exposure to liquid nicotine should be included (e.g., when to seek medical attention, when to contact a VerDate Sep<11>2014 18:04 Jun 30, 2015 Jkt 235001 Poison Control Center). Please submit data or evidence to support your position. 7. With preceding question 6 in mind, please respond to the following questions: Should there be multiple textual warnings that randomly display to convey different dangers, or should there be a single, consistent textual warning that covers all of the different dangers? Should different types of tobacco products carry different warnings? If so, which type(s) of tobacco products should carry what warning(s) and what is the reasoning for different warnings for different types of tobacco products? Please submit data or evidence to support your position. 8. If FDA were to require nicotine exposure warning(s) text for liquid nicotine, should FDA consider requiring color(s) or graphic elements, such as symbols, as part of the warning(s)? If so, what color or graphic elements should FDA consider? (a) Are there data on graphic elements and/or colors that would be most effective in communicating the dangers associated with nicotine exposure? If so, please provide these data. (b) Would a graphic element alone (as opposed to text alone or any combination of text, color, or graphic elements) be sufficient to effectively communicate the dangers associated with nicotine exposure? Please provide data or evidence to support your position. (c) How could the warning(s) text and graphic image(s) add to or detract from each other? 9. If FDA were to require nicotine exposure warning(s) text for tobacco products other than liquid nicotine, including, but not limited to, novel tobacco products, should FDA consider requiring color(s) or graphic elements as part of the warning(s)? If so, what color or graphic elements should FDA consider? (a) Are there data on graphics and/or colors that would be most effective in communicating the dangers associated with nicotine exposure? If so, please provide these data. (b) Would a graphic image alone be sufficient to effectively communicate the dangers associated with nicotine exposure? Please provide data or evidence to support your position. (c) How could the warning(s) text and graphic image(s) add to or detract from each other? (d) Should different tobacco products carry different color or graphic elements? If so, what criteria should FDA use to determine which type of tobacco products should carry what color or graphic elements? PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 37557 10. If FDA were to require a nicotine exposure warning(s) (text and any applicable color or graphic element) for liquid nicotine, should FDA adopt a different nicotine exposure warning(s) requirement based on the packaging/ containers (e.g., a brief/abbreviated warning(s) for liquid nicotine in small packaging/containers, omit the warning(s) if the tobacco product is in a child-resistant package)? If so, how should the warning(s) differ? Please submit data or evidence to support your position. 11. With respect to tobacco products other than liquid nicotine, including, but not limited to, novel tobacco products, if FDA were to require a nicotine exposure warning(s) (text and any applicable color or graphic element), should FDA adopt a different nicotine exposure warning(s) requirement based on the packaging/ containers (e.g., a brief/abbreviated warning(s) for tobacco products in small packaging, omit the warning(s) if the tobacco product is in a child-resistant package)? If so, how should the warning(s) differ? Please submit data or evidence to support your position. 12. Are you aware of data or information that would support any required font sizes, formatting, and display considerations for nicotine exposure warnings (textual and/or graphic)? If so, please provide that evidence. 13. Should FDA require the inclusion of the American Association of Poison Control Centers’ telephone number on the container labeling and/or packaging of liquid nicotine and tobacco products other than liquid nicotine? Why or why not? 14. Are there any nicotine exposure warnings (textual and/or graphic) for liquid nicotine required by authorities at the local, State, or Federal (i.e., other agencies) level, or by foreign governments that you particularly would like to highlight? If so, which ones and why? Are there any data regarding the effectiveness or utility of these warnings? If so, please provide these data. 15. Are there any nicotine exposure warnings (textual and/or graphic) for tobacco products other than liquid nicotine required by authorities at the local, State, or Federal (i.e., other agencies) level, or by foreign governments that you particularly would like to highlight? If so, which ones and why? Are there any data regarding the effectiveness or utility of these warnings? If so, please provide these data. 16. Are you aware of any existing evidence regarding whether warnings E:\FR\FM\01JYP1.SGM 01JYP1 37558 Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Proposed Rules tkelley on DSK3SPTVN1PROD with PROPOSALS (text and any applicable color or graphic element) are effective for mitigating the risks of nicotine exposure? If so, please provide that evidence. B. Child-Resistant Packaging 1. Should FDA require child-resistant packaging for liquid nicotine? If so, why? 2. Should FDA require child-resistant packaging for liquid nicotine if the liquid nicotine product is not intended to be opened by the consumer (e.g., liquid nicotine in permanently sealed, prefilled, and/or disposable cartridges)? Please provide the reason for your response. 3. Should FDA consider requiring child-resistant packaging for tobacco products other than liquid nicotine, including, but not limited to, novel tobacco products? If so, which ones and why? 4. If FDA were to require childresistant packaging for liquid nicotine (including for those products that are not intended to be opened by the consumer), what type of exposure risks (e.g., oral, ocular, dermal) should FDA seek to mitigate with the requirement? 5. If FDA were to require childresistant packaging for tobacco products other than liquid nicotine, including, but not limited to, novel tobacco products, what risks (e.g., oral, ocular, dermal) should FDA seek to mitigate with the requirement? 6. If FDA were to require childresistant packaging for liquid nicotine, how should the requirement be articulated? Please consider: (a) Whether the requirement should be based on mandated physical characteristics of the packaging (e.g., must have a squeeze-to-turn lid, flow restrictor); (b) whether the requirement should be performance based (e.g., unable to be opened by 80 percent or more of 5-year-olds who try to open the package, and more than 90 percent of adults on average between the ages of 50–70 can successfully open the package); or (c) whether the requirement should be based on a combination of (a) and (b), or is there some other basis for the requirement that FDA should consider? Is your proposal technically feasible? Please submit data or evidence to support your position. 7. If FDA were to require childresistant packaging for tobacco products other than liquid nicotine, including, but not limited to, novel tobacco products, how should the requirement be articulated? Please consider: (a) Whether the requirement should be based on mandated physical characteristics of the packaging (e.g., must have a squeeze-to-turn lid, child- VerDate Sep<11>2014 18:04 Jun 30, 2015 Jkt 235001 resistant cap, blister packaging); (b) whether the requirement should be performance based (e.g., unable to be opened by 80 percent or more of 5-yearolds who try to open the package, and more than 90 percent of adults on average between the ages of 50–70 can successfully open the package); or (c) whether the requirement should be based on a combination of (a) and (b), or is there some other basis for the requirement that FDA should consider? Is your proposal technically feasible? Please submit data or evidence to support your position. 8. Are there other factors FDA should consider to further prevent or discourage people (especially infants and children) from inadvertently consuming or being exposed to liquid nicotine? If so, please explain. Examples of other factors may include: attractiveness of the product or packaging (e.g., appealing images, fragrance, flavors), resemblance of packaging to food and drink items (e.g., candy, fruit), color of the product (e.g., resemblance to beverages such as juice), resemblance of packaging to that of medications (e.g., eye drops). 9. If FDA were to require childresistant packaging, what should FDA consider and what actions should FDA take to mitigate the risk that users of products with child-resistant packaging will defeat the purpose of the packaging by leaving the packaging open, by disabling the protection mechanism, or by moving the product to a different container? C. Other Actions and Considerations 1. With respect to liquid nicotine, should FDA require both nicotine exposure warnings (text and/or any applicable color or graphic element) and child-resistant packaging, or should only one and not the other be required? Please explain your reasoning and provide data or evidence to support your position. 2. With respect to tobacco products other than liquid nicotine, including, but not limited to, novel tobacco products, should FDA require both nicotine exposure warnings (text and/or any applicable color or graphic element) and child-resistant packaging, or should only one and not the other be required? Please explain your reasoning and provide data or evidence to support your position. 3. With respect to liquid nicotine and the dangers of nicotine poisoning, should FDA consider requiring any additional warnings beyond a nicotine exposure warning (text and/or any applicable color or graphic element)? If so, please describe the warning(s) PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 (textual and/or graphic) and provide evidence or data to support your recommendation. 4. With respect to tobacco products other than liquid nicotine, including, but not limited to, novel tobacco products, and the dangers of nicotine poisoning, should FDA consider requiring any additional warnings beyond a nicotine exposure warning (text and/or any applicable color or graphic element)? If so, for which products? Also, please describe the warning(s) (textual and/or graphic) and provide evidence or data to support your recommendation. 5. Should FDA consider any additional measures to mitigate nicotine exposure risks for people (especially infants and children) beyond nicotine exposure warnings (text and any applicable color or graphic element) and child-resistant packaging? If so, what measures should FDA consider and why? Please provide evidence or data to support your recommendation. III. Comments A. General Information About Submitting Comments Interested persons may submit either electronic comments regarding this document to https://www.regulations.gov or written comments to the Division of Dockets Management (see ADDRESSES). It is only necessary to send one set of comments. Identify comments with the docket number found in brackets in the heading of this document. B. Public Availability of Comments Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to the docket at https:// www.regulations.gov. As a matter of Agency practice, FDA generally does not post comments submitted by individuals in their individual capacity on https://www.regulations.gov. This is determined by information indicating that the submission is written by an individual, for example, the comment is identified with the category ‘‘Individual Consumer’’ under the field entitled ‘‘Category (Required)’’, on the ‘‘Your Information’’ page on https:// www.regulations.gov; for this ANPRM, however, FDA will not be following this general practice. Instead, FDA will post on https://www.regulations.gov comments to this docket that have been submitted by individuals in their individual capacity. If you wish to submit any information under a claim of confidentiality, please refer to 21 CFR 10.20. E:\FR\FM\01JYP1.SGM 01JYP1 Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Proposed Rules C. Information Identifying the Person Submitting the Comment Please note that your name, contact information, and other information identifying you will be posted on https:// www.regulations.gov if you include that information in the body of your comments. For electronic comments submitted to https:// www.regulations.gov, FDA will post the body of your comment on https:// www.regulations.gov along with your State/province and country (if provided), the name of your representative (if any), and the category identifying you (e.g., individual, consumer, academic, industry). For written submissions submitted to the Division of Dockets Management, FDA will post the body of your comments on https://www.regulations.gov, but you can put your name and/or contact information on a separate cover sheet and not in the body of your comments. Dated: June 26, 2015. Leslie Kux, Associate Commissioner for Policy. [FR Doc. 2015–16151 Filed 6–30–15; 8:45 am] receipt, and enables the Department to make them available to the public. Comments submitted electronically through the https://www.regulations.gov Web site can be viewed by other commenters and interested members of the public. Mail: Send to Department of the Treasury, Bureau of the Fiscal Service, Attn: Theodore Simms, 401 14th Street, SW., Washington, DC 20227–0001. In general, Treasury will post all comments to https://www.regulations.gov without change, including any business or personal information provided, such as names, addresses, email addresses, or telephone numbers. Treasury will also make such comments available for public inspection and copying. You can make an appointment to inspect comments by telephoning (202) 504– 3710. All comments received, including attachments and other supporting materials, will be part of the public record and subject to public disclosure. You should only submit information that you wish to make publicly available. FOR FURTHER INFORMATION CONTACT: BILLING CODE 4164–01–P Theodore C. Simms II, Senior Attorney, 202–504–3710 or Theodore.Simms@ fiscal.treasury.gov. DEPARTMENT OF THE TREASURY SUPPLEMENTARY INFORMATION: Fiscal Service I. Background 31 CFR Parts 315, 353, and 360 The Department of the Treasury has issued savings bonds since 1935 to raise funds for the operation of the Federal government, and to encourage savings by small investors. From the beginning of the savings bond program, savings bonds have been registered securities. Treasury has authorized several forms of registration, including registration to individuals, co-owners, fiduciaries, institutions, and beneficiaries. See 31 CFR 315.7, 353.7, and 360.6. Savings bonds generally are not transferrable and are payable only to the registered owner, except as described in Treasury regulations. See 31 CFR 315.15, 353.15, and 360.15. Detailed regulations describe when payment will be made to a person or entity that is not the registered owner. Ownership of a savings bond is determined by Treasury’s savings bond regulations. Federal and state courts, including the United States Supreme Court, have upheld these ownership rights against challenges by parties asserting claims under state law. See, e.g., Free v. Bland, 369 U.S. 663 (1962). The rights of registered owners and others under Treasury regulations persist even for bonds that matured years ago, because Treasury does not [Docket No.: FISCAL–2015–0002] RIN 1530–AA11 Regulations Governing United States Savings Bonds Bureau of the Fiscal Service, Fiscal Service, Treasury. ACTION: Notice of proposed rulemaking. AGENCY: The United States Department of the Treasury, Bureau of the Fiscal Service, is proposing regulations governing United States savings bonds to address certain state escheat claims. DATES: Comment due date: August 17, 2015. SUMMARY: The Bureau of the Fiscal Service invites comments on this proposed rule. Comments may be submitted through one of the following methods: Electronic Submission of Comments: Interested persons may submit comments electronically through the Federal eRulemaking Portal at https:// www.regulations.gov. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely tkelley on DSK3SPTVN1PROD with PROPOSALS ADDRESSES: VerDate Sep<11>2014 18:04 Jun 30, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 37559 require owners to redeem their paper savings bonds by a certain date. In some cases, Treasury regulations determine who is entitled to payment based on state law. Treasury may look to state probate law, for example, to determine who is entitled to payment for savings bonds in a decedent’s estate. See 31 CFR 315.71, 353.71, and 360.71. Treasury may also recognize certain state judicial proceedings that require payment to creditors, divorced spouses, and other claimants specifically listed in the regulations. See 31 CFR part 315, subpart E; Part 353, subpart E; part 360, subpart E. The touchstone for these claims, however, is Treasury’s savings bond regulations. Since at least 1952, Treasury has acknowledged circumstances when it will recognize a state’s claim of title to savings bonds based on a judgment of escheat. ‘‘Escheat’’ describes a state’s claim to property that has no owner. Many state probate laws allow a state to escheat the property of a person who dies without a will and without heirs. Treasury regulations do not specifically mention escheat, but they do provide that Treasury will pay a person entitled to the estate of a deceased savings bond owner in specified circumstances. When these circumstances are met, Treasury will pay a state that has title to savings bonds in the estate of a deceased owner. Like all claimants, the state must present the bonds to Treasury or otherwise meet Treasury’s requirements for payment. In recent years, states have submitted escheat claims to Treasury for savings bonds based on state unclaimed property laws, when there is no evidence that the savings bond owner has died. The first claims came from states whose escheat laws purported to give them custody, but not title, to certain unredeemed savings bonds. In 2012, the United States Court of Appeals for the Third Circuit upheld Treasury’s position that states are not entitled to payment for savings bonds held only in their custody, because such claims interfere with the rights of registered owners and others under Treasury regulations. New Jersey v. U.S. Dept. of Treasury, 684 F.3d 382 (3rd Cir. 2012). More recently, the State of Kansas submitted an escheat claim based upon a state court judgment that purported to convey title over certain unredeemed savings bonds. Kansas sought to redeem savings bonds in its possession, which had been turned over to the state as unclaimed property, and to redeem a much larger class of savings bonds that it did not possess. In this class are matured, unredeemed savings bonds E:\FR\FM\01JYP1.SGM 01JYP1

Agencies

[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Proposed Rules]
[Pages 37555-37559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16151]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 1100, 1140, and 1143

[Docket No. FDA-2015-N-1514]
RIN 0910-AH24


Nicotine Exposure Warnings and Child-Resistant Packaging for 
Liquid Nicotine, Nicotine-Containing E-Liquid(s), and Other Tobacco 
Products; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Food and Drug Administration (FDA) is issuing this advance 
notice of proposed rulemaking (ANPRM) to obtain information related to 
the regulation of ``tobacco products'' subject to the Federal Food, 
Drug, and Cosmetic Act (the FD&C Act), as amended by the Family Smoking 
Prevention and Tobacco Control Act (Tobacco Control Act), and 
restrictions regarding the sale and distribution of such tobacco 
products. Specifically, this ANPRM is seeking comments, data, research 
results, or other information that may inform regulatory actions FDA 
might take with respect to nicotine exposure warnings and child-
resistant packaging for liquid nicotine and nicotine-containing e-
liquid(s) that are made or derived from tobacco and intended for human 
consumption, and potentially for other tobacco products including, but 
not limited to, novel tobacco products such as dissolvables, lotions, 
gels, and drinks. In April 2014, FDA published a proposed rule seeking 
to deem products meeting the statutory definition of ``tobacco 
product,'' except accessories to proposed deemed tobacco products, to 
be subject to the FD&C Act, as amended by the Tobacco Control Act. 
Specifically, the proposed rule seeks to extend the Agency's ``tobacco 
product'' authorities to those products that meet the statutory 
definition of ``tobacco product,'' prohibiting the sale of ``covered 
tobacco products'' to individuals under the age of 18, and requiring 
the display of health warnings on certain tobacco product packages and 
in advertisements. The deeming

[[Page 37556]]

rulemaking does not address the issues raised in this ANPRM.

DATES: Submit either electronic or written comments by August 31, 2015.

ADDRESSES: You may submit comments 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:
     Mail/Hand delivery/Courier (for paper 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 Docket No. 
FDA-2015-N-1514 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(s), 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: Bryant M. Godfrey, Center for Tobacco 
Products, Food and Drug Administration, 10903 New Hampshire Ave., 
Silver Spring, MD 20993, 1-877-CTP-1373, bryant.godfrey@fda.hhs.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The Tobacco Control Act was enacted on June 22, 2009, amending the 
FD&C Act and providing FDA with the authority to regulate tobacco 
products (Pub. L. 111-31). Specifically, section 101(b) of the Tobacco 
Control Act amends the FD&C Act by adding a new chapter that provides 
FDA with authority over tobacco products. Section 901 of the FD&C Act 
(21 U.S.C. 387a), as amended by the Tobacco Control Act, states that 
the new chapter in the FD&C Act (chapter IX--Tobacco Products) (21 
U.S.C. 387 through 387u) applies to all cigarettes, cigarette tobacco, 
roll-your-own tobacco, smokeless tobacco, and any other tobacco 
products that the Secretary of Health and Human Services by regulation 
deems to be subject to this chapter. Accordingly, in the Federal 
Register of April 25, 2014 (79 FR 23142), FDA published a proposed rule 
seeking to deem all products meeting the statutory definition of 
``tobacco product'' in section 201(rr) of the FD&C Act (21 U.S.C. 
321(rr)), except accessories to those products, to be subject to 
chapter IX of the FD&C Act.
    FDA has evaluated data and science (including all of the evidence 
submitted to the docket of the proposed ``deeming'' rule cited below) 
related to the risks, especially to infants and children, from 
accidental exposure to nicotine, including exposure to liquid nicotine 
and nicotine-containing e-liquid(s), which are primarily used with 
electronic nicotine delivery systems (ENDS), such as electronic 
cigarettes. Recent increases in calls and visits to both poison control 
centers (see, e.g., CDC's Morbidity and Mortality Weekly Report, 
available at https://www.cdc.gov/mmwr/preview/mmwrhtml/mm6313a4.htm) and 
emergency rooms in the United States involving liquid nicotine 
poisonings and exposures has increased the public health concerns of 
these exposure risks. As a result of FDA's evaluation and these recent 
trends, FDA is considering whether, based on the acute toxicity of 
nicotine (up to and including nicotine poisoning), it would be 
appropriate for the protection of the public health to warn the public 
about the dangers of nicotine exposure, especially due to inadvertent 
nicotine exposure in infants and children, and/or require that some 
tobacco products be sold in child-resistant packaging. Comments 
submitted in response to FDA's proposed rule seeking to deem all 
tobacco products to be subject to the FD&C Act support such actions, 
and many request that FDA take prompt action to mitigate nicotine 
exposure risks (see Docket No. FDA-2014-N-0189, https://www.regulations.gov).
    As previously discussed, the FD&C Act provides FDA with authority 
to regulate tobacco products. Sections 906(d)(1) and 910(c)(1)(B) of 
the FD&C Act provide FDA the authority to, by regulation or in a 
marketing authorization order, require restrictions on the sale and 
distribution of a tobacco product. The restrictions on the sale and 
distribution of a tobacco product may include restrictions on the 
access to, and the advertising and promotion of, the tobacco product, 
if FDA determines such restrictions would be appropriate for the 
protection of the public health. The FD&C Act also provides FDA with 
authority to adopt a tobacco product standard under section 907 of the 
FD&C Act if the Secretary finds that it is appropriate for the 
protection of the public health.
    In making such a finding under either section 906(d)(1) or section 
907 of the FD&C Act, the Secretary must consider: (1) The risks and 
benefits to the population as a whole, including users and nonusers of 
tobacco products; (2) the increased or decreased likelihood that 
existing users of tobacco products will stop using such products; and 
(3) the increased or decreased likelihood that those who do not use 
tobacco products will start using such products.
    FDA intends to use the information submitted in response to this 
ANPRM to further inform its thinking about options for issuing 
potential regulations that would require nicotine exposure warnings 
and/or child-resistant packaging for some tobacco products, as 
articulated in this document. For the purposes of the questions in this 
ANPRM:
     ``Liquid nicotine and nicotine-containing e-liquid(s) 
(liquid nicotine combined with colorings, flavorings, and/or 
potentially other ingredients)'' are generally referred to as liquid 
nicotine.
     ``Liquid nicotine'' (as used throughout this document) 
refers to liquid nicotine that is made or derived from tobacco and 
intended for human consumption.
     ``Novel tobacco products'' (as used throughout this 
document) refers to products such as dissolvables, lotions, gels, and 
drinks.

II. Requests for Comments and Information

    FDA is seeking comments, data, research results, and other 
information related to the following questions. Please explain your 
responses and provide any evidence or other information supporting your 
responses to the following questions:

A. Nicotine Exposure Warnings

    1. Should FDA consider requiring nicotine exposure warning(s) text 
on liquid nicotine? If so, why?
    2. Should FDA consider requiring nicotine exposure warning(s) text 
on tobacco products other than liquid nicotine, including, but not 
limited to, novel tobacco products? If so, which products and why?
    3. On what basis (e.g., physical characteristics or appearance of 
the product or packaging, product risks, form of marketing, route of 
exposure, type of packaging) should FDA determine which products should 
be

[[Page 37557]]

required to carry the warning(s)? What data or information would be 
helpful to demonstrate the need for a warning or warnings?
    4. If FDA were to require nicotine exposure warning(s) text for 
liquid nicotine, what issues should the warning(s) address and what 
wording should be used? Please consider: (a) Whether the warning(s) 
should be broad, or directed at specific dangers; (b) whether the 
warning(s) should specifically address oral, ocular, and dermal 
exposure dangers; (c) whether the warning(s) should focus exclusively 
on the risks to children and youth, or include the risks to vulnerable 
populations, such as pregnant women, adults with medical conditions, 
and pets; (d) whether the warning(s) should contain instructions to 
avoid the dangers altogether, such as ``keep out of the reach of 
children''; (e) whether there are other dangers of liquid nicotine 
exposure that should be covered by the warning(s); and (f) whether 
information about what to do in the case of an accidental exposure to 
liquid nicotine should be included (e.g., when to seek medical 
attention, when to contact a Poison Control Center). Please submit data 
or evidence to support your position.
    5. With preceding question 4 in mind, should there be multiple 
textual warnings that randomly display to convey different dangers, or 
should there be a single, consistent textual warning that covers all of 
the different dangers? Please submit data or evidence to support your 
position.
    6. If FDA were to require nicotine exposure warning(s) text for 
tobacco products other than liquid nicotine, including, but not limited 
to, novel tobacco products, what issues should the warning(s) address 
and what wording should be used? Please consider: (a) Whether the 
warning(s) should be broad, or directed at specific dangers; (b) 
whether the warning(s) should specifically address oral, ocular, and 
dermal exposure dangers; (c) whether the warning(s) should focus 
exclusively on the risks to children and youth, or include the risks to 
vulnerable populations, such as pregnant women, adults with medical 
conditions, and pets; (d) whether the warning(s) should contain 
instructions to avoid the dangers altogether, such as ``keep out of the 
reach of children''; (e) whether there are other dangers of nicotine 
exposure that should be covered by the warning(s); and (f) whether 
information about what to do in the case of an accidental exposure to 
liquid nicotine should be included (e.g., when to seek medical 
attention, when to contact a Poison Control Center). Please submit data 
or evidence to support your position.
    7. With preceding question 6 in mind, please respond to the 
following questions: Should there be multiple textual warnings that 
randomly display to convey different dangers, or should there be a 
single, consistent textual warning that covers all of the different 
dangers? Should different types of tobacco products carry different 
warnings? If so, which type(s) of tobacco products should carry what 
warning(s) and what is the reasoning for different warnings for 
different types of tobacco products? Please submit data or evidence to 
support your position.
    8. If FDA were to require nicotine exposure warning(s) text for 
liquid nicotine, should FDA consider requiring color(s) or graphic 
elements, such as symbols, as part of the warning(s)? If so, what color 
or graphic elements should FDA consider?
    (a) Are there data on graphic elements and/or colors that would be 
most effective in communicating the dangers associated with nicotine 
exposure? If so, please provide these data.
    (b) Would a graphic element alone (as opposed to text alone or any 
combination of text, color, or graphic elements) be sufficient to 
effectively communicate the dangers associated with nicotine exposure? 
Please provide data or evidence to support your position.
    (c) How could the warning(s) text and graphic image(s) add to or 
detract from each other?
    9. If FDA were to require nicotine exposure warning(s) text for 
tobacco products other than liquid nicotine, including, but not limited 
to, novel tobacco products, should FDA consider requiring color(s) or 
graphic elements as part of the warning(s)? If so, what color or 
graphic elements should FDA consider?
    (a) Are there data on graphics and/or colors that would be most 
effective in communicating the dangers associated with nicotine 
exposure? If so, please provide these data.
    (b) Would a graphic image alone be sufficient to effectively 
communicate the dangers associated with nicotine exposure? Please 
provide data or evidence to support your position.
    (c) How could the warning(s) text and graphic image(s) add to or 
detract from each other?
    (d) Should different tobacco products carry different color or 
graphic elements? If so, what criteria should FDA use to determine 
which type of tobacco products should carry what color or graphic 
elements?
    10. If FDA were to require a nicotine exposure warning(s) (text and 
any applicable color or graphic element) for liquid nicotine, should 
FDA adopt a different nicotine exposure warning(s) requirement based on 
the packaging/containers (e.g., a brief/abbreviated warning(s) for 
liquid nicotine in small packaging/containers, omit the warning(s) if 
the tobacco product is in a child-resistant package)? If so, how should 
the warning(s) differ? Please submit data or evidence to support your 
position.
    11. With respect to tobacco products other than liquid nicotine, 
including, but not limited to, novel tobacco products, if FDA were to 
require a nicotine exposure warning(s) (text and any applicable color 
or graphic element), should FDA adopt a different nicotine exposure 
warning(s) requirement based on the packaging/containers (e.g., a 
brief/abbreviated warning(s) for tobacco products in small packaging, 
omit the warning(s) if the tobacco product is in a child-resistant 
package)? If so, how should the warning(s) differ? Please submit data 
or evidence to support your position.
    12. Are you aware of data or information that would support any 
required font sizes, formatting, and display considerations for 
nicotine exposure warnings (textual and/or graphic)? If so, please 
provide that evidence.
    13. Should FDA require the inclusion of the American Association of 
Poison Control Centers' telephone number on the container labeling and/
or packaging of liquid nicotine and tobacco products other than liquid 
nicotine? Why or why not?
    14. Are there any nicotine exposure warnings (textual and/or 
graphic) for liquid nicotine required by authorities at the local, 
State, or Federal (i.e., other agencies) level, or by foreign 
governments that you particularly would like to highlight? If so, which 
ones and why? Are there any data regarding the effectiveness or utility 
of these warnings? If so, please provide these data.
    15. Are there any nicotine exposure warnings (textual and/or 
graphic) for tobacco products other than liquid nicotine required by 
authorities at the local, State, or Federal (i.e., other agencies) 
level, or by foreign governments that you particularly would like to 
highlight? If so, which ones and why? Are there any data regarding the 
effectiveness or utility of these warnings? If so, please provide these 
data.
    16. Are you aware of any existing evidence regarding whether 
warnings

[[Page 37558]]

(text and any applicable color or graphic element) are effective for 
mitigating the risks of nicotine exposure? If so, please provide that 
evidence.

B. Child-Resistant Packaging

    1. Should FDA require child-resistant packaging for liquid 
nicotine? If so, why?
    2. Should FDA require child-resistant packaging for liquid nicotine 
if the liquid nicotine product is not intended to be opened by the 
consumer (e.g., liquid nicotine in permanently sealed, prefilled, and/
or disposable cartridges)? Please provide the reason for your response.
    3. Should FDA consider requiring child-resistant packaging for 
tobacco products other than liquid nicotine, including, but not limited 
to, novel tobacco products? If so, which ones and why?
    4. If FDA were to require child-resistant packaging for liquid 
nicotine (including for those products that are not intended to be 
opened by the consumer), what type of exposure risks (e.g., oral, 
ocular, dermal) should FDA seek to mitigate with the requirement?
    5. If FDA were to require child-resistant packaging for tobacco 
products other than liquid nicotine, including, but not limited to, 
novel tobacco products, what risks (e.g., oral, ocular, dermal) should 
FDA seek to mitigate with the requirement?
    6. If FDA were to require child-resistant packaging for liquid 
nicotine, how should the requirement be articulated? Please consider: 
(a) Whether the requirement should be based on mandated physical 
characteristics of the packaging (e.g., must have a squeeze-to-turn 
lid, flow restrictor); (b) whether the requirement should be 
performance based (e.g., unable to be opened by 80 percent or more of 
5-year-olds who try to open the package, and more than 90 percent of 
adults on average between the ages of 50-70 can successfully open the 
package); or (c) whether the requirement should be based on a 
combination of (a) and (b), or is there some other basis for the 
requirement that FDA should consider? Is your proposal technically 
feasible? Please submit data or evidence to support your position.
    7. If FDA were to require child-resistant packaging for tobacco 
products other than liquid nicotine, including, but not limited to, 
novel tobacco products, how should the requirement be articulated? 
Please consider: (a) Whether the requirement should be based on 
mandated physical characteristics of the packaging (e.g., must have a 
squeeze-to-turn lid, child-resistant cap, blister packaging); (b) 
whether the requirement should be performance based (e.g., unable to be 
opened by 80 percent or more of 5-year-olds who try to open the 
package, and more than 90 percent of adults on average between the ages 
of 50-70 can successfully open the package); or (c) whether the 
requirement should be based on a combination of (a) and (b), or is 
there some other basis for the requirement that FDA should consider? Is 
your proposal technically feasible? Please submit data or evidence to 
support your position.
    8. Are there other factors FDA should consider to further prevent 
or discourage people (especially infants and children) from 
inadvertently consuming or being exposed to liquid nicotine? If so, 
please explain. Examples of other factors may include: attractiveness 
of the product or packaging (e.g., appealing images, fragrance, 
flavors), resemblance of packaging to food and drink items (e.g., 
candy, fruit), color of the product (e.g., resemblance to beverages 
such as juice), resemblance of packaging to that of medications (e.g., 
eye drops).
    9. If FDA were to require child-resistant packaging, what should 
FDA consider and what actions should FDA take to mitigate the risk that 
users of products with child-resistant packaging will defeat the 
purpose of the packaging by leaving the packaging open, by disabling 
the protection mechanism, or by moving the product to a different 
container?

C. Other Actions and Considerations

    1. With respect to liquid nicotine, should FDA require both 
nicotine exposure warnings (text and/or any applicable color or graphic 
element) and child-resistant packaging, or should only one and not the 
other be required? Please explain your reasoning and provide data or 
evidence to support your position.
    2. With respect to tobacco products other than liquid nicotine, 
including, but not limited to, novel tobacco products, should FDA 
require both nicotine exposure warnings (text and/or any applicable 
color or graphic element) and child-resistant packaging, or should only 
one and not the other be required? Please explain your reasoning and 
provide data or evidence to support your position.
    3. With respect to liquid nicotine and the dangers of nicotine 
poisoning, should FDA consider requiring any additional warnings beyond 
a nicotine exposure warning (text and/or any applicable color or 
graphic element)? If so, please describe the warning(s) (textual and/or 
graphic) and provide evidence or data to support your recommendation.
    4. With respect to tobacco products other than liquid nicotine, 
including, but not limited to, novel tobacco products, and the dangers 
of nicotine poisoning, should FDA consider requiring any additional 
warnings beyond a nicotine exposure warning (text and/or any applicable 
color or graphic element)? If so, for which products? Also, please 
describe the warning(s) (textual and/or graphic) and provide evidence 
or data to support your recommendation.
    5. Should FDA consider any additional measures to mitigate nicotine 
exposure risks for people (especially infants and children) beyond 
nicotine exposure warnings (text and any applicable color or graphic 
element) and child-resistant packaging? If so, what measures should FDA 
consider and why? Please provide evidence or data to support your 
recommendation.

III. Comments

A. General Information About Submitting Comments

    Interested persons may submit either electronic comments regarding 
this document to https://www.regulations.gov or written comments to the 
Division of Dockets Management (see ADDRESSES). It is only necessary to 
send one set of comments. Identify comments with the docket number 
found in brackets in the heading of this document.

B. Public Availability of Comments

    Received comments may be seen in the Division of Dockets Management 
between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to 
the docket at https://www.regulations.gov. As a matter of Agency 
practice, FDA generally does not post comments submitted by individuals 
in their individual capacity on https://www.regulations.gov. This is 
determined by information indicating that the submission is written by 
an individual, for example, the comment is identified with the category 
``Individual Consumer'' under the field entitled ``Category 
(Required)'', on the ``Your Information'' page on https://www.regulations.gov; for this ANPRM, however, FDA will not be following 
this general practice. Instead, FDA will post on https://www.regulations.gov comments to this docket that have been submitted by 
individuals in their individual capacity. If you wish to submit any 
information under a claim of confidentiality, please refer to 21 CFR 
10.20.

[[Page 37559]]

C. Information Identifying the Person Submitting the Comment

    Please note that your name, contact information, and other 
information identifying you will be posted on https://www.regulations.gov if you include that information in the body of your 
comments. For electronic comments submitted to https://www.regulations.gov, FDA will post the body of your comment on https://www.regulations.gov along with your State/province and country (if 
provided), the name of your representative (if any), and the category 
identifying you (e.g., individual, consumer, academic, industry). For 
written submissions submitted to the Division of Dockets Management, 
FDA will post the body of your comments on https://www.regulations.gov, 
but you can put your name and/or contact information on a separate 
cover sheet and not in the body of your comments.

    Dated: June 26, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-16151 Filed 6-30-15; 8:45 am]
 BILLING CODE 4164-01-P
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