Tobacco Products; Required Warnings for Cigarette Packages and Advertisements; Delayed Effective Date, 50765-50766 [2022-17761]
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khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 159 / Thursday, August 18, 2022 / Rules and Regulations
administration, $284,000 for marketing
activities, $379,485 for research, and
$42,900 for inspection. Budgeted
expenses for these items during the
2021 fiscal year were $531,300,
$238,000, $334,531, and $48,000,
respectively. The Committee deliberated
on many of the expenses, weighed the
relative value of various programs or
projects, and decreased their expenses
for marketing and research activities
while increasing program
administration. Overall, the 2022 budget
of $1,245,085 is $93,254 more than the
$1,151,831 budgeted for the 2021 fiscal
year.
Prior to arriving at this budget and
assessment rate, the Committee
considered information from various
sources including the Committee’s
Executive, Marketing, Inspection, and
Research Subcommittees. Alternate
expenditure levels were discussed by
these groups, based upon the relative
value of various projects to the olive
industry and the increased olive
production. The assessment rate of
$16.00 per ton of assessable olives was
derived by considering anticipated
expenses, the high volume of assessable
olives, the current balance in the
monetary reserve, and additional
pertinent factors.
A review of NASS information
indicates that the average producer
price for the 2020 crop year was $1,060
per ton and the quantity of assessable
olives harvested in the 2021 crop year
is 43,336 tons, which makes total
producer revenue $45,936,160 ($1,060
multiplied by 43,336 tons). Therefore,
utilizing the assessment rate of $16.00
per ton, the assessment revenue for the
2022 fiscal year as a percentage of total
producer revenue is expected to be
approximately 1.5 percent ($16.00
multiplied by 43,336 tons divided by
$45,936,160 multiplied by 100).
This action will decrease the
assessment obligation imposed on
handlers. Assessments are applied
uniformly on all handlers, and some of
the costs may be passed on to
producers. However, decreasing the
assessment rate reduces the burden on
handlers and may also reduce the
burden on producers.
The Committee’s meetings are widely
publicized throughout the production
area. The olive industry and all
interested persons are invited to attend
the meetings and participate in
Committee deliberations on all issues.
Like all Committee meetings, the
November 10, 2021, meeting was a
public meeting and all entities, both
large and small, were able to express
views on this issue. In addition,
interested persons were invited to
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15:51 Aug 17, 2022
Jkt 256001
submit comments on this rule,
including the regulatory and
information collection impacts of this
action on small businesses.
In accordance with the Paperwork
Reduction Act of 1995, (44 U.S.C.
Chapter 35), the Order’s information
collection requirements have been
previously approved by OMB and
assigned OMB No. 0581–0178 Vegetable
and Specialty Crops. No changes in
those requirements as a result of this
action are necessary. Should any
changes become necessary, they would
be submitted to OMB for approval.
This rule does not impose any
additional reporting or recordkeeping
requirements on either small or large
California olive handlers. As with all
Federal marketing order programs,
reports and forms are periodically
reviewed to reduce information
requirements and duplication by
industry and public sector agencies.
AMS is committed to complying with
the E-Government Act, to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this final rule.
A proposed rule concerning this
action was published in the Federal
Register on April 14, 2022 (87 FR
22142). Copies of the proposed rule
were also mailed or sent via email to all
olive handlers. A copy of the proposed
rule was made available through the
internet by AMS and https://
www.regulations.gov. A 60-day
comment period ending June 13, 2022,
was provided for interested persons to
respond to the proposal. No comments
were received. Accordingly, no changes
have been made to the rule as proposed.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://
www.ams.usda.gov/rules-regulations/
moa/small-businesses. Any questions
about the compliance guide should be
sent to Richard Lower at the previously
mentioned address in the FOR FURTHER
INFORMATION CONTACT section.
After consideration of all relevant
material presented, including the
information and recommendations
submitted by the Committee and other
available information, AMS has
determined that this final rule is
consistent with and will effectuate the
declared policy of the Act.
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50765
List of Subjects in 7 CFR Part 932
Marketing agreements, Olives,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, the Agricultural Marketing
Service is amending 7 CFR part 932 as
follows:
PART 932—OLIVES GROWN IN
CALIFORNIA
1. The authority citation for part 932
continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Section 932.230 is revised to read
as follows:
■
§ 932.230
Assessment rate.
On and after January 1, 2022, an
assessment rate of $16.00 per ton is
established for California olives.
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2022–17759 Filed 8–17–22; 8:45 am]
BILLING CODE P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 1141
[Docket No. FDA–2019–N–3065]
RIN 0910–AI39
Tobacco Products; Required Warnings
for Cigarette Packages and
Advertisements; Delayed Effective
Date
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule; delay of effective
date.
As required by an order
issued by the U.S. District Court for the
Eastern District of Texas, this action
delays the effective date of the final rule
(‘‘Tobacco Products; Required Warnings
for Cigarette Packages and
Advertisements’’), which published on
March 18, 2020. The new effective date
is October 6, 2023.
DATES: The effective date of the rule
amending 21 CFR part 1141 published
at 85 FR 15638, March 18, 2020, and
delayed at 85 FR 32293, May 29, 2020;
86 FR 3793, January 15, 2021; 86 FR
36509, July 12, 2021; 86 FR 50855,
September 13, 2021; 86 FR 70052,
December 9, 2021; 87 FR 11295, March
1, 2022; and 87 FR 32990, June 1, 2022,
is further delayed until October 6, 2023.
SUMMARY:
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Federal Register / Vol. 87, No. 159 / Thursday, August 18, 2022 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Courtney Smith, Office of Regulations,
Center for Tobacco Products, Food and
Drug Administration, Document Control
Center, 10903 New Hampshire Ave.,
Bldg. 71, Rm. G335, Silver Spring, MD
20993–0002, 1–877–287–1371, email:
CTPRegulations@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: In the
Federal Register of March 18, 2020, the
Food and Drug Administration (FDA or
Agency) issued a final rule establishing
new cigarette health warnings for
cigarette packages and advertisements.
The final rule implements a provision of
the Family Smoking Prevention and
Tobacco Control Act (Tobacco Control
Act) (Pub. L. 111–31) that requires FDA
to issue regulations requiring color
graphics depicting the negative health
consequences of smoking to accompany
new textual warning label statements.
The Tobacco Control Act amends the
Federal Cigarette Labeling and
Advertising Act of 1965 (Pub. L. 89–92)
to require each cigarette package and
advertisement to bear one of the new
required warnings. The final rule
specifies the 11 new textual warning
label statements and accompanying
color graphics. Pursuant to section
201(b) of the Tobacco Control Act, the
rule was published with an effective
date of June 18, 2021, 15 months after
the date of publication of the final rule.
On April 3, 2020, the final rule was
challenged in the U.S. District Court for
the Eastern District of Texas.1 On May
8, 2020, the court granted a joint motion
to govern proceedings in that case and
postpone the effective date of the final
rule by 120 days.2 On December 2, 2020,
the court granted a new motion by the
plaintiffs to postpone the effective date
of the final rule by an additional 90
days.3 On March 2, 2021, the court
granted another motion by the plaintiffs
to postpone the effective date of the
final rule by an additional 90 days.4 On
May 21, 2021, the court granted another
motion by the plaintiffs to postpone the
effective date of the final rule by an
additional 90 days.5 On August 18,
2021, the court issued an order to
khammond on DSKJM1Z7X2PROD with RULES
1 R.J.
Reynolds Tobacco Co. et al. v. United States
Food and Drug Administration et al., No. 6:20–cv–
00176 (E.D. Tex. filed April 3, 2020).
2 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176
(E.D. Tex. May 8, 2020) (order granting joint motion
and establishing schedule), Doc. No. 33.
3 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176
(E.D. Tex. December 2, 2020) (order granting
Plaintiffs’ motion and postponing effective date),
Doc. No. 80.
4 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176
(E.D. Tex. March 2, 2021) (order granting Plaintiffs’
motion and postponing effective date), Doc. No. 89.
5 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176
(E.D. Tex. May 21, 2021) (order granting Plaintiffs’
motion and postponing effective date), Doc. No. 91.
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15:51 Aug 17, 2022
Jkt 256001
postpone the effective date of the final
rule by an additional 90 days.6 On
November 12, 2021, the court issued
another order to postpone the effective
date of the final rule by an additional 90
days.7 On February 10, 2022, the court
issued another order to postpone the
effective date of the final rule by an
additional 90 days.8 On May 10, 2022,
the court issued another order to
postpone the effective date of the final
rule by an additional 90 days.9 On
August 10, 2022, the court granted a
motion by the plaintiffs to postpone the
effective date of the final rule by an
additional 90 days.10 The court ordered
that the new effective date of the final
rule is October 6, 2023. Pursuant to the
court order, any obligation to comply
with a deadline tied to the effective date
is similarly postponed, and those
obligations and deadlines are now tied
to the postponed effective date.
To the extent that 5 U.S.C. 553 applies
to this action, the Agency’s
implementation of this action without
opportunity for public comment,
effective immediately upon publication
today in the Federal Register, is based
on the good cause exception in 5 U.S.C.
553(b)(B). Seeking public comment is
impracticable, unnecessary, and
contrary to the public interest. The 90day postponement of the effective date,
until October 6, 2023, is required by
court order in accordance with the
court’s authority to postpone a rule’s
effective date pending judicial review (5
U.S.C. 705). Seeking prior public
comment on this postponement would
have been impracticable, as well as
contrary to the public interest in the
orderly issuance and implementation of
regulations.
Dated: August 12, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022–17761 Filed 8–17–22; 8:45 am]
BILLING CODE 4164–01–P
6 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176
(E.D. Tex. August 18, 2021) (order postponing
effective date), Doc. No. 92.
7 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176
(E.D. Tex. November 12, 2021) (order postponing
effective date), Doc. No. 93.
8 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176
(E.D. Tex. February 10, 2022) (order postponing
effective date), Doc. No. 94.
9 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176
(E.D. Tex. May 10, 2022) (order postponing effective
date), Doc. No. 96.
10 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176
(E.D. Tex. August 10, 2022) (order granting
Plaintiffs’ motion and postponing effective date),
Doc. No. 100.
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DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1956
[Docket No. OSHA–0022–0008]
RIN 1218–AD41
Massachusetts State Plan for State and
Local Government Employers; Initial
Approval Determination
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Final rule.
AGENCY:
The Massachusetts State and
Local Government Only State Plan, a
State occupational safety and health,
applicable only to Massachusetts State
and local Government employees
(workers of the State and its political
subdivisions), is approved as a
developmental plan under the
Occupational Safety and Health Act of
1970 and OSHA regulations. OSHA’s
decision to grant the Massachusetts
State Plan initial approval is based on
its determination that the Massachusetts
State Plan meets, or will meet within
three years, OSHA’s State Plan approval
criteria, and that Massachusetts has
provided adequate assurances that it
will be at least as effective as Federal
OSHA in protecting the safety and
health of Massachusetts State and local
Government workers. The
Massachusetts State Plan is eligible to
receive funding from the Department of
Labor’s Fiscal Year 2022 budget.
DATES: This final rule is effective August
18, 2022.
FOR FURTHER INFORMATION CONTACT: For
press inquiries: Contact Francis
Meilinger, Director, Office of
Communications, U.S. Department of
Labor; telephone (202) 693–1999; email
meilinger.francis2@dol.gov.
For general and technical
information: Contact Douglas J.
Kalinowski, Director, OSHA Directorate
of Cooperative and State Programs, U.S.
Department of Labor; telephone (202)
693–2200; email: kalinowski.doug@
dol.gov.
Copies of this Federal Register
document and news releases: Copies of
this Federal Register document and
other documents referenced herein are
available at www.regulations.gov, the
Federal eRulemaking Portal, in Docket
No. OSHA–2022–0008. Electronic
copies of this document, as well as news
releases and other relevant information,
are also available at OSHA’s web page
at: www.osha.gov.
SUMMARY:
E:\FR\FM\18AUR1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 159 (Thursday, August 18, 2022)]
[Rules and Regulations]
[Pages 50765-50766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17761]
=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 1141
[Docket No. FDA-2019-N-3065]
RIN 0910-AI39
Tobacco Products; Required Warnings for Cigarette Packages and
Advertisements; Delayed Effective Date
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule; delay of effective date.
-----------------------------------------------------------------------
SUMMARY: As required by an order issued by the U.S. District Court for
the Eastern District of Texas, this action delays the effective date of
the final rule (``Tobacco Products; Required Warnings for Cigarette
Packages and Advertisements''), which published on March 18, 2020. The
new effective date is October 6, 2023.
DATES: The effective date of the rule amending 21 CFR part 1141
published at 85 FR 15638, March 18, 2020, and delayed at 85 FR 32293,
May 29, 2020; 86 FR 3793, January 15, 2021; 86 FR 36509, July 12, 2021;
86 FR 50855, September 13, 2021; 86 FR 70052, December 9, 2021; 87 FR
11295, March 1, 2022; and 87 FR 32990, June 1, 2022, is further delayed
until October 6, 2023.
[[Page 50766]]
FOR FURTHER INFORMATION CONTACT: Courtney Smith, Office of Regulations,
Center for Tobacco Products, Food and Drug Administration, Document
Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G335, Silver
Spring, MD 20993-0002, 1-877-287-1371, email:
[email protected].
SUPPLEMENTARY INFORMATION: In the Federal Register of March 18, 2020,
the Food and Drug Administration (FDA or Agency) issued a final rule
establishing new cigarette health warnings for cigarette packages and
advertisements. The final rule implements a provision of the Family
Smoking Prevention and Tobacco Control Act (Tobacco Control Act) (Pub.
L. 111-31) that requires FDA to issue regulations requiring color
graphics depicting the negative health consequences of smoking to
accompany new textual warning label statements. The Tobacco Control Act
amends the Federal Cigarette Labeling and Advertising Act of 1965 (Pub.
L. 89-92) to require each cigarette package and advertisement to bear
one of the new required warnings. The final rule specifies the 11 new
textual warning label statements and accompanying color graphics.
Pursuant to section 201(b) of the Tobacco Control Act, the rule was
published with an effective date of June 18, 2021, 15 months after the
date of publication of the final rule.
On April 3, 2020, the final rule was challenged in the U.S.
District Court for the Eastern District of Texas.\1\ On May 8, 2020,
the court granted a joint motion to govern proceedings in that case and
postpone the effective date of the final rule by 120 days.\2\ On
December 2, 2020, the court granted a new motion by the plaintiffs to
postpone the effective date of the final rule by an additional 90
days.\3\ On March 2, 2021, the court granted another motion by the
plaintiffs to postpone the effective date of the final rule by an
additional 90 days.\4\ On May 21, 2021, the court granted another
motion by the plaintiffs to postpone the effective date of the final
rule by an additional 90 days.\5\ On August 18, 2021, the court issued
an order to postpone the effective date of the final rule by an
additional 90 days.\6\ On November 12, 2021, the court issued another
order to postpone the effective date of the final rule by an additional
90 days.\7\ On February 10, 2022, the court issued another order to
postpone the effective date of the final rule by an additional 90
days.\8\ On May 10, 2022, the court issued another order to postpone
the effective date of the final rule by an additional 90 days.\9\ On
August 10, 2022, the court granted a motion by the plaintiffs to
postpone the effective date of the final rule by an additional 90
days.\10\ The court ordered that the new effective date of the final
rule is October 6, 2023. Pursuant to the court order, any obligation to
comply with a deadline tied to the effective date is similarly
postponed, and those obligations and deadlines are now tied to the
postponed effective date.
---------------------------------------------------------------------------
\1\ R.J. Reynolds Tobacco Co. et al. v. United States Food and
Drug Administration et al., No. 6:20-cv-00176 (E.D. Tex. filed April
3, 2020).
\2\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex. May
8, 2020) (order granting joint motion and establishing schedule),
Doc. No. 33.
\3\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex.
December 2, 2020) (order granting Plaintiffs' motion and postponing
effective date), Doc. No. 80.
\4\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex.
March 2, 2021) (order granting Plaintiffs' motion and postponing
effective date), Doc. No. 89.
\5\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex. May
21, 2021) (order granting Plaintiffs' motion and postponing
effective date), Doc. No. 91.
\6\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex.
August 18, 2021) (order postponing effective date), Doc. No. 92.
\7\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex.
November 12, 2021) (order postponing effective date), Doc. No. 93.
\8\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex.
February 10, 2022) (order postponing effective date), Doc. No. 94.
\9\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex. May
10, 2022) (order postponing effective date), Doc. No. 96.
\10\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex.
August 10, 2022) (order granting Plaintiffs' motion and postponing
effective date), Doc. No. 100.
---------------------------------------------------------------------------
To the extent that 5 U.S.C. 553 applies to this action, the
Agency's implementation of this action without opportunity for public
comment, effective immediately upon publication today in the Federal
Register, is based on the good cause exception in 5 U.S.C. 553(b)(B).
Seeking public comment is impracticable, unnecessary, and contrary to
the public interest. The 90-day postponement of the effective date,
until October 6, 2023, is required by court order in accordance with
the court's authority to postpone a rule's effective date pending
judicial review (5 U.S.C. 705). Seeking prior public comment on this
postponement would have been impracticable, as well as contrary to the
public interest in the orderly issuance and implementation of
regulations.
Dated: August 12, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-17761 Filed 8-17-22; 8:45 am]
BILLING CODE 4164-01-P
