[Federal Register Volume 86, Number 174 (Monday, September 13, 2021)]
[Rules and Regulations]
[Pages 50854-50855]
[FR Doc No: 2021-19688]

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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 October 11, 2022.

DATES: The effective date of the rule amending 21 CFR part 1141
published March 18, 2020, at 85 FR 15638, and delayed at 85 FR 32293,
May 29, 2020; 86 FR 3793, January 15, 2021; and 86 FR 36509, July 12,
2021, is further delayed until October 11, 2022.

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_ADDRESS>
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\ The court ordered that the new effective date of
the final rule is October 11, 2022. 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.
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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 90-day postponement of the effective date,
until October 11, 2022, 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: September 3, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-19688 Filed 9-10-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Notices]
[Pages 43754-43755]
[FR Doc No: 2017-19871]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER17-2104-000.
    Applicants: Southern Partners, INC.
    Description: Amendment to July 18, 2017 Southern Partners, INC.
tariff filing.
    Filed Date: 9/12/17.
    Accession Number: 20170912-5170.
    Comments Due: 5 p.m. ET 10/3/17.

    Docket Numbers: ER17-2461-000.
    Applicants: Constellation Energy Services, Inc.
    Description: Tariff Cancellation: Notice of Cancellation to be
effective 9/13/2017.
    Filed Date: 9/12/17.
    Accession Number: 20170912-5132.
    Comments Due: 5 p.m. ET 10/3/17.

    Docket Numbers: ER17-2462-000.
    Applicants: SunSea Energy, LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Tariff
Application to be effective 9/13/2017.
    Filed Date: 9/12/17.
    Accession Number: 20170912-5133.
    Comments Due: 5 p.m. ET 10/3/17.

    Docket Numbers: ER17-2463-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: 20170912 Grand Valley 2nd
Amended Cleanup Filing to be effective 5/17/2017.
    Filed Date: 9/12/17.

    Accession Number: 20170912-5157.
    Comments Due: 5 p.m. ET 10/3/17.

    Docket Numbers: ER17-2464-000.
    Applicants: AEP Energy Partners, Inc.
    Description: Sec.  205(d) Rate Filing: AEP Energy Partners-AEP
Texas Inc. PPA Amendment to be effective 9/11/2017.
    Filed Date: 9/12/17.
    Accession Number: 20170912-5158.
    Comments Due: 5 p.m. ET 10/3/17.

    Docket Numbers: ER17-2465-000.
    Applicants: DTE Electric Company.
    Description: Sec.  205(d) Rate Filing: Update to Reactive Revenue
to be effective 11/1/2017.
    Filed Date: 9/13/17.
    Accession Number: 20170913-5001.
    Comments Due: 5 p.m. ET 10/4/17.

    Docket Numbers: ER17-2466-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Request for limited waiver of certain provisions of
its Tariff of Midcontinent Independent System Operator, Inc.
    Filed Date: 9/12/17.
    Accession Number: 20170912-5164.
    Comments Due: 5 p.m. ET 10/3/17.

    Docket Numbers: ER17-2467-000.
    Applicants: Arizona Public Service Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 217,
Exhibit B's to be effective 11/13/2017.
    Filed Date: 9/13/17.
    Accession Number: 20170913-5050.
    Comments Due: 5 p.m. ET 10/4/17.

    Docket Numbers: ER17-2468-000.
    Applicants: AES Ohio Generation, LLC.
    Description: Sec.  205(d) Rate Filing: AES Ohio Generation Reactive
Power Filing to be effective 10/1/2017.
    Filed Date: 9/13/17.
    Accession Number: 20170913-5056.
    Comments Due: 5 p.m. ET 10/4/17.

    Docket Numbers: ER17-2469-000.
    Applicants: The Dayton Power and Light Company.
    Description: Tariff Cancellation: DP&L Reactive Power Tariff
Cancellation Filing to be effective 10/1/2017.
    Filed Date: 9/13/17.
    Accession Number: 20170913-5067.
    Comments Due: 5 p.m. ET 10/4/17.

    Docket Numbers: ER17-2470-000.
    Applicants: Red Dirt Wind Project, LLC.
    Description: Baseline eTariff Filing: MBR Tariff to be effective
10/15/2017.
    Filed Date: 9/13/17.
    Accession Number: 20170913-5106.
    Comments Due: 5 p.m. ET 10/4/17.

    Take notice that the Commission received the following foreign
utility company status filings:

    Docket Numbers: FC17-7-000.
    Applicants: Altamuskin Windfarm Limited.
    Description: Notification of Self-Certification of Foreign Utility
Company Status of Altamuskin Windfarm Limited, et al.
    Filed Date: 9/12/17.
    Accession Number: 20170912-5149.
    Comments Due: 5 p.m. ET 10/3/17.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 13, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-19871 Filed 9-18-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 134 (Thursday, July 12, 2018)]
[Rules and Regulations]
[Pages 32209-32211]
[FR Doc No: 2018-14838]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0152; FRL-9980-62--Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Interstate Transport Requirements for the 2012 Fine
Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Delaware.
This revision pertains to the infrastructure requirement for interstate
transport of pollution with respect to the 2012 fine particulate matter
(PM2.5) national ambient air quality standards (NAAQS). EPA
is approving this revision in accordance with the requirements of the
Clean Air Act (CAA).

DATES: This final rule is effective on August 13, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2017-0152. All documents in the docket are listed on
the http://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
http://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp,<PHONE_NUMBER>,
or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On December 14, 2015, the State of Delaware, through the Department
of Natural Resources and Environmental Control (DNREC) submitted a SIP
revision addressing the infrastructure requirements under section
110(a)(2) of the CAA for the 2012 PM2.5 NAAQS. On September
22, 2017, EPA approved all portions of Delaware's submittal except for
the portion addressing section 110(a)(2)(D)(i)(I) regarding the
interstate transport of emissions. See 82 FR 44318. As explained in the
final rule, EPA intended to take separate action on that portion of
Delaware's submittal and is doing so with today's proposed action. On
May 15, 2018 (83 FR 22436), EPA published a notice of proposed
rulemaking (NPR) for the State of Delaware. In the NPR, EPA proposed
approval of Delaware's submittal to address the infrastructure
requirements under section 110(a)(2)(D)(i) of the CAA for the 2012
PM2.5 NAAQS.

II. Summary of SIP Revision and EPA Analysis

    Delaware's December 14, 2015 SIP submittal asserted that the
State's SIP presently contains adequate provisions prohibiting sources
from emitting air pollutants in amounts which will contribute
significantly to nonattainment or interfere with maintenance of the
2012 PM2.5 NAAQS. Delaware also asserted under Delaware
Code, Title 7, Chapter 60, Subsection 6010(c), ``Rules and regulations;
plans,'' that the State has the legal authority to regulate sources
whose emission could transport to areas in nonattainment or to areas
currently attaining the NAAQS. Delaware also describes ambient air
quality data for New Castle, Kent, and Sussex Counties as all being
below the NAAQS.
    EPA used the information in the 2016 PM2.5 Memorandum
\1\ and additional information to evaluate the submittal and came to
the same conclusion as Delaware. As discussed in greater detail in the
technical support document (TSD) for this action, EPA identified the
potential downwind nonattainment and maintenance receptors identified
in the 2016 PM2.5 Memorandum, and then evaluated them to
determine if Delaware's emissions could potentially contribute to
nonattainment and maintenance problems in 2021, the attainment year for
moderate PM2.5 nonattainment areas. EPA concluded Delaware
was not significantly contributing to nonattainment nor interfering
with maintenance with 2012 PM2.5 NAAQS by any other state. A
detailed summary of Delaware's submittal and EPA's review and rationale
for approval of this SIP revision as meeting CAA section
110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS may be found in
the NPR and TSD for this rulemaking action, which are available online
at www.regulations.gov, Docket number EPA-R03-OAR-2017-0152.
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    \1\ ``Information on the Interstate Transport ``Good Neighbor''
Provision for the 2012 Fine Particulate Matter National Ambient Air
Quality Standards under Clean Air Act Section 110(a)(2)(D)(i)(I),''
Memorandum from Stephen D. Page, Director, EPA Office of Air Quality
Planning and Standards (March 17, 2016). A copy is included in the
docket for this rulemaking action.
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III. Public Comments

    One anonymous public comment was received during the public comment
period, but the comment was determined to not be relevant nor specific
to this rulemaking action. Thus no response is provided.

IV. Final Action

    EPA is approving the December 14, 2015 SIP revision addressing the
interstate transport requirements for the 2012 PM2.5 NAAQS
to the Delaware SIP because the submittal adequately addresses section
110(a)(2)(D)(i)(I) of the CAA.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and

     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 10, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, addressing Delaware's interstate transport for the
2012 PM2.5 NAAQS, may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter.

    Dated: June 19, 2018.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart I--Delaware

0
2. In Sec.  52.420, the table in paragraph (e) is amended by adding a
second entry for Section 110(a)(2) Infrastructure Requirements for the
2012 PM2.5 NAAQS after the first entry. The revised text
reads as follows:

Sec.  52.470  Identification of plan.

* * * * *
    (e) * * *

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   Name of non-regulatory SIP     Applicable geographic        State                              Additional
            revision                       area           submittal date   EPA approval date      explanation
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                                                  * * * * * * *
Section 110(a)(2)                Statewide..............      12/14/2015  7/12/2018, [Insert  Docket 2017-0152.
 Infrastructure Requirements                                               Federal Register    This action
 for the 2012 PM2.5 NAAQS.                                                 citation].          addresses the
                                                                                infrastructure
                                                                                element of CAA
                                                                                section
                                                                                110(a)(2)(D)(i)(I
                                                                                ).

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[FR Doc. 2018-14838 Filed 7-11-18; 8:45 am]
 BILLING CODE 6560-50-P