Tobacco Products; Required Warnings for Cigarette Packages and Advertisements; Delayed Effective Date, 72384-72385 [2022-25650]

Download as PDF 72384 Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / Rules and Regulations number of small entities under the criteria of the Regulatory Flexibility Act. Lists of Subjects in 14 CFR Part 97 Air Traffic Control, Airports, Incorporation by reference, Navigation (Air). Issued in Washington, DC, on October 28, 2022. Thomas J. Nichols, Aviation Safety, Flight Standards Service, Manager, Standards Section, Flight Procedures & Airspace Group, Flight Technologies & Procedures Division. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or removing Standard Instrument Approach Procedures and/or Takeoff Minimums and Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows: PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721–44722. 2. Part 97 is amended to read as follows: ■ [FR Doc. 2022–25638 Filed 11–23–22; 8:45 am] BILLING CODE 4910–13–P khammond on DSKJM1Z7X2PROD with RULES Effective 1 December 2022 West Palm Beach, FL, KPBI, ILS OR LOC RWY 28R, Amdt 4A West Palm Beach, FL, KPBI, RNAV (GPS) Y RWY 14, Amdt 4 West Palm Beach, FL, KPBI, RNAV (GPS) Y RWY 28R, Amdt 3A West Palm Beach, FL, KPBI, RNAV (RNP) Z RWY 32, Amdt 2 Mansfield, MA, 1B9, COPTER RNAV (GPS) Y RWY 14, Orig Mansfield, MA, 1B9, RNAV (GPS) RWY 32, Amdt 1 Mansfield, MA, 1B9, RNAV (GPS) Z RWY 14, Orig Rochester, NH, KDAW, RNAV (GPS) RWY 15, Orig East Hampton, NY, KJPX, RNAV (GPS) Z RWY 28, Orig-A Effective 29 December 2022 Weed, CA, O46, RNAV (GPS) RWY 14, OrigA Orlando, FL, KMCO, ILS OR LOC RWY 17L, ILS RWY 17L (SA CAT I), ILS RWY 17L (CAT II), ILS RWY 17L (CAT III), Amdt 4B Orlando, FL, KMCO, ILS OR LOC RWY 17R, ILS RWY 17R (CAT II), Amdt 5F Orlando, FL, KMCO, ILS OR LOC RWY 35L, ILS RWY 35L (SA CAT I), ILS RWY 35L (CAT II), ILS RWY 35L (CAT III), Amdt 8A Orlando, FL, KMCO, ILS OR LOC RWY 35R, ILS RWY 35R (SA CAT I), ILS RWY 35R (CAT II), ILS RWY 35R (CAT III), Amdt 5B VerDate Sep<11>2014 15:54 Nov 23, 2022 Jkt 259001 Orlando, FL, KMCO, ILS OR LOC RWY 36R, ILS RWY 36R (SA CAT I), ILS RWY 36R (CAT II), ILS RWY 36R (CAT III), Amdt 11A Swainsboro, GA, KSBO, ILS OR LOC RWY 14, Amdt 2 Swainsboro, GA, KSBO, NDB RWY 14, Amdt 2B, CANCELLED Danville, KY, KDVK, Takeoff Minimums and Obstacle DP, Amdt 1A Lake Charles, LA, KCWF, ILS OR LOC RWY 15, Amdt 7 Lake Charles, LA, KCWF, RNAV (GPS) RWY 15, Amdt 1A Lake Charles, LA, KCWF, RNAV (GPS) RWY 33, Amdt 1B Rangeley, ME, 8B0, RNAV (GPS) RWY 14, Orig Rangeley, ME, 8B0, RNAV (GPS) RWY 32, Orig Stanley, ND, 08D, RNAV (GPS) RWY 28, Amdt 2 Stanley, ND, 08D, Takeoff Minimums and Obstacle DP, Orig-A Reno, NV, KRNO, SPARKS ONE, Graphic DP Reno, NV, KRNO, Takeoff Minimums and Obstacle DP, Amdt 5 Tulsa, OK, KTUL, RNAV (GPS) RWY 36L, Amdt 1A Greenville, SC, KGMU, ILS OR LOC RWY 1, Amdt 31 Greenville, SC, KGMU, ILS Y OR LOC Y RWY 1, Orig-B, CANCELLED Rosebud, SD, KSUO, RNAV (GPS) RWY 34, Orig-A Commerce, TX, 2F7, VOR–A, Amdt 3B, CANCELLED Blanding, UT, KBDG, Takeoff Minimums and Obstacle DP, Amdt 2 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 November 6, 2023. SUMMARY: PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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; 87 FR 32990, June 1, 2022; and 87 FR 50765, August 18, 2022, is further delayed until November 6, 2023. 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 DATES: 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. E:\FR\FM\25NOR1.SGM 25NOR1 Federal Register / Vol. 87, No. 226 / Friday, November 25, 2022 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES 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 On November 7, 2022, the court issued another order to postpone the effective date of the final rule by an additional 31 days.11 The court ordered that the new effective date of the final rule is November 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 31day postponement of the effective date, until November 6, 2023, is required by court order in accordance with the court’s authority to postpone a rule’s 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. 11 R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 (E.D. Tex. November 7, 2022) (order postponing effective date), Doc. No. 104. VerDate Sep<11>2014 15:54 Nov 23, 2022 Jkt 259001 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: November 18, 2022. Lauren K. Roth, Associate Commissioner for Policy. [FR Doc. 2022–25650 Filed 11–23–22; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2022–0881] Special Local Regulations; Marine Event Within the Captain of the Port Savannah Zone—Savannah Harbor Boat Parade of Lights and Fireworks Coast Guard, DHS. Notification of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce the special local regulation for the Savannah Harbor Boat Parade of Lights and Fireworks. This action is necessary to ensure safety of life on navigable waters of the Savannah River during the Savannah Harbor Boat Parade of Lights and Fireworks displays. During the enforcement period, no person or vessel may enter, transit through, anchor in, or remain within the designated area unless authorized by the Captain of the Port Savannah or a designated representative. SUMMARY: The regulations in 33 CFR 100.701 will be enforced for the location identified in paragraph (d) Item 4 of Table 1 to § 100.701, will be enforced from 5 p.m. through 10 p.m. on November 26, 2022. FOR FURTHER INFORMATION CONTACT: If you have questions about this notification of enforcement, call or email LT Alex McConnell, Marine Safety Unit Savannah Office of Waterways Management, Coast Guard; telephone 912–652–4353, extension 240, or email Alexander.W.McConnell@ uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special local regulation for the Savannah Harbor Parade of Lights and Fireworks in 33 CFR 100.701, Table 1 to § 100.701, paragraph (d), Item 4, from 5 p.m. until 10 p.m., on November 26, 2022. This DATES: PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 72385 action is being taken to provide for the safety and security of navigable waterways during this one-day event. Our regulation for marine events within the Captain of the Port Savannah, § 100.701, specifies the location of the special local regulation for Savannah Harbor Boat Parade of Lights and Fireworks, which encompasses parts of the Savannah River from the Talmadge bridge to a line drawn at 146 degrees true from Dayboard 62, in Savannah, GA. Only event sponsored, designated participants and official patrol vessels will be allowed to enter the regulated area. Spectator vessels may safely transit outside the regulated area, but may not anchor, block, loiter in, impede the transit of festival participants or official patrol vessels or enter the regulated area without approval from the Captain of the Port Savannah or a designated representative. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. In addition to this notice of enforcement in the Federal Register, the Coast Guard will provide notice of the regulated area via Local Notice to Mariners, Marine Safety Information Bulletins, Broadcast Notice to Mariners, and on-scene designated representatives. Dated: November 22, 2022. M.K. Villafane, Lieutenant Commander, U.S. Coast Guard, Acting, Captain of the Port Savannah, GA. [FR Doc. 2022–25902 Filed 11–22–22; 4:15 pm] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2022–0926] RIN 1625–AA00 Safety Zone; Bahia de San Juan, San Juan, PR Coast Guard, Department of Homeland Security (DHS). ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone for navigable waters of Bahia de San Juan, within a 200-yard radius of the tug MICHELE FOSS and barge FOSS PREVAILING WIND. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the movement and berthing of two port SUMMARY: E:\FR\FM\25NOR1.SGM 25NOR1

Agencies

[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Rules and Regulations]
[Pages 72384-72385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25650]


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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.

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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 November 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; 87 FR 32990, June 1, 2022; and 87 FR 50765, 
August 18, 2022, is further delayed until November 6, 2023.

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

[[Page 72385]]

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\ On November 7, 2022, the court issued another order to 
postpone the effective date of the final rule by an additional 31 
days.\11\ The court ordered that the new effective date of the final 
rule is November 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.
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    \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.
    \11\ R.J. Reynolds Tobacco Co., No. 6:20-cv-00176 (E.D. Tex. 
November 7, 2022) (order postponing effective date), Doc. No. 104.
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    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 31-day postponement of the effective date, 
until November 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: November 18, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-25650 Filed 11-23-22; 8:45 am]
BILLING CODE 4164-01-P

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