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FWC Home : Conservation : Value of Conservation : Economic Impact of Freshwater Fishing in Florida :

The Economic Impact of Freshwater Fishing in Florida

Value of Conservation

Conservation markets

Economic Impact of Outdoor Recreation

Economic Value of Freshwater Fishing

Economic Value of Saltwater Fishing

How do we put a value on conservation land?

Land Use Planning

Quality of Life

Florida Wildlife Conservation Guide

National Survey Results:

In 2006, the U.S. Census Bureau did a "National Survey of Fishing, Hunting and Wildlife-Related Recreation"
 (4.2MB) to determine the amount of participation and economic impact of
 these outdoor activities nationwide.  The study was conducted
under a grant from the U.S. Fish and Wildlife Service and is the
benchmark for this type economic analysis and allows unbiased state comparisons  (2.6MB).  There is also a more detailed Florida report  (7MB). Southwick Associates has provided a summary of the national economic impacts of recreational fishing
 (211KB) in various categories that again justify Florida's status as
the Fishing Capital of the World.  The Fish and Wildlife Service
also provides a summary brochure .

Based
 on the 2006 National Survey, Florida again ranks number one in In-State
 Anglers (2.8 million vs. #2 Texas with 2.5 million), Angler
Expenditures in State ($4.4 billion vs. #2 Texas with $3.4 billion),
Angler-supported jobs (75,068 vs. #2 Texas with 59,938), State and local
 taxes generated by sport fishing ($440 million vs. #2 Texas with $392
million).

Of the 2.8 million anglers fishing
in Florida, 1.9 million were resident and 0.9 million were non-resident
(tourists).  Anglers averaged 17.2 days per year fishing in
Florida, for a total of 46.3 million days of quality outdoor
recreation.  Of those, 24.4 million days were spent in fresh water
by 1.4 million anglers and, 23.1 million days were spent in saltwater by
 2.0 million anglers.

Nonresident anglers spent over
$1 billion in direct retail sales in Florida--not mentioning the other
dollars they spent on tourism while in Florida.  The next highest
state for non-resident angler spending was Wisconsin with less than $0.6
 billion  No wonder Florida is the "Fishing Capital of the World."
 A further breakdown based on the detailed economic analysis by
Southwick and Associates includes the multiplier or ripple effect on the
 community caused by these sales and visitors.

Saltwater Fishing - $5.1 billion, 51,588 jobs

Freshwater Fishing - $2.4 billion, 23,480 jobs

Total
 Fishing - $6.1 billion (some anglers don’t specify fresh or salt so the
 total is less than the sum of freshwater and saltwater), 52,945 jobs

Generated $358 million in Federal tax revenues

Generated $316 million in state and local tax revenues

Hourly Expenditures:

The
 following hourly expenditure analysis is based on 2001 data (the latest
 broken down to this level of detail).  You can use an inflation calculator
 to update these figures to the current year.  In 2001 dollars
freshwater fishing in Florida was estimated to generate $1.057 billion
in retail sales, which produced an economic impact of $1.962
billion.  This economic boon to the state of Florida sustained
nearly 20,000 jobs and provided recreation for 1.316 million anglers
(resident and non-resident), who spent 20.840 million days
fishing.

Black bass anglers fished a total of
12.2 million days in Florida, for an average of 9.3 days per angler in
2001.  Black bass continue to be the most popular sport fish in the
 nation in terms of fishing effort.  In Florida black bass anglers
fish an average of 19 days each year.  Nationally, an average
angler spent $337 in trip-related expenses (food, transportation, bait,
ice, etc.), $106 for fishing equipment (rods, reels, tackle boxes, etc),
 $18 for auxiliary equipment (clothes etc.), plus an average per year of
 $255 on special equipment (boats etc.), for a total of $716.  Bass
 anglers spent significantly more with a total of $949 in trip related
expenses annually (See USFWS/Black Bass Report;  1.1MB).

Southwick Associates also compiled some very interesting economic comparisons for the Congressional Sportsmen's Foundation and for the American Sportfishing Association
 that puts this in perspective, for instance: "Annual spending by
Florida anglers is five times greater than the cash receipts from the
state’s orange crop ($4.08 billion vs. $786 million).

Based
 on the survey done in 1996 (the last time this detail was available) an
 average angler spent $18.20 per hour fishing (high was for non-resident
 bass anglers at $43.89 and low was for resident cane pole fishermen at
$5.94 per hour).  More details are available in the December 2007 FishBusters' Bulletin  (114KB)

Freshwater Recreational Fishing License Sales:

License
 sales can be highly variable between years and are influenced by
factors such as gasoline prices, the economy and weather
conditions.  It is important to note that only about half of
Florida anglers actually have to purchase a license due to various
exemptions, so these numbers do not reflect participation.  To
learn more about fishing licenses and how the fees are used see the
April 2007 FishBusters' column on license fee uses and history.

Freshwater License Sales summary for FY 2009-10:

<colgroup><col width="100"><col width="53"><col width="78"><col width="71"></colgroup>

FRESHWATER	UNITS	TOTAL COST	REVENUE

Resident	432,919
 	$13,396,033
 	$6,954,508

Non-Resident	94,832
 	$2,839,155
 	$2,839,155

   Short- Term
	54,809
 	$1,018,109
 	$1,018,109

Annual
	40,023
 	$1,821,047
 	$1,821,047

Grand Total	527,751
 	$16,235,188
 	$9,793,663

Complete Fishing/Hunting License sales summaries for the last fiscal year (2009-10) and previous years (2008-09)  (2007-08) and (2006-07) are also available with a more detailed explanation

Click chart for an enlarged printable chart of license sales

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Final Report: Whole Body Inhalation Developmental Toxicity Study in Rats

With Gasoline with TAME Vapor Condensate (MRD-00-715: 171534)

211(b) Research Group (RG) Response to EPA Second Draft Report

Comments dated June 24, 2008

EPA June 24, 2008 Comment #1:

Although the inferential statistics now used to analyze the fetal
examination data are valid, the report tables still inappropriately show
fetal incidences.  As currently presented, these data are still
difficult to properly evaluate.  Table 4-2 and Appendix H should present
the group mean ± SD values for the percentage affected per liter.

RG Response to EPA June 24, 2008 Comment:

The RG concurs that the present format of data presentation is
scientifically valid, and considers this to be a valuable comment.
However, it would be a lengthy procedure for the laboratory to revise
report tables as EPA has suggested, as such revisions would require
programming changes.  Programming changes require computer validation
and subsequently also require additional Quality Assurance review.
These tasks would need to be completed before the report could be
resubmitted for QA review as required under GLP. For those reasons, the
work group has not requested that the lab revise the report as described
in this comment.  However, the results can be presented in the suggested
format at later stages of data utilization, such as publication/risk
assessment, where the change would not delay completion of the 211(b)
testing requirement.

EPA June 24, 2008 Comment #2:

Because of its relevance to reduced fetal weights, the slightly
increased incidences of stunted fetuses in the high-dose group should be
mentioned in the Abstract (page i), Summary (Section 1) and Results
(Section 4).

RG Response to EPA June 24, 2008 Comment:

The reduced fetal weights were mentioned in the Results.  The statement
from the Results was added to the Abstract and the Summary.


[Federal Register: March 19, 2010 (Volume 75, Number 53)]
[Rules and Regulations]
[Page 13225-13232]
[DOCID:fr19mr10-5]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 1140

[Docket No. FDA-1995-N-0259] (formerly Docket No. 1995N-0253)
RIN 0910-AG33

Regulations Restricting the Sale and Distribution of Cigarettes
and Smokeless Tobacco To Protect Children and Adolescents

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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

SUMMARY: The Food and Drug Administration (FDA) is reissuing a final
rule restricting the sale, distribution, and use of cigarettes and
smokeless tobacco. As required by the Family Smoking Prevention and
Tobacco Control Act (Tobacco Control Act), FDA is issuing a final rule
that is identical to the provisions of the final rule on cigarettes and
smokeless tobacco published by FDA in 1996, with certain required
exceptions. The rule prohibits the sale of cigarettes and smokeless
tobacco to individuals under the age of 18 and imposes specific
marketing, labeling, and advertising requirements. Elsewhere in this
issue of the Federal Register, FDA is issuing an advance notice of
proposed rulemaking to obtain information related to the regulation of
outdoor advertising of cigarettes and smokeless tobacco.

DATES:  This rule is effective June 22, 2010.

FOR FURTHER INFORMATION CONTACT:  Annette Marthaler, Center for Tobacco
Products, Food and Drug Administration, 9200 Corporate Blvd.,
Rockville, MD 20850-3229,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Overview of the Final Rule
III. Scientific Information That Has Become Available Since the
Publication of the 1996 Final Rule
    A. Access
    B. Marketing
IV. Legal Authority
V. Executive Order 12866

VI. Information Collection Provisions in the Final Rule

I. Background

    The Tobacco Control Act was enacted on June 22, 2009, amending the
Federal Food, Drug, and Cosmetic Act (act) and providing FDA with the
authority to regulate tobacco products (Public Law 111-31; 123 Stat.
1776). Section 102 of the Tobacco Control Act requires FDA to publish a
final rule regarding cigarettes and smokeless tobacco identical in its
provisions to the regulation issued by FDA in 1996 (61 FR 44396, August
28, 1996) (1996 final rule), with certain specified exceptions.
    In enacting the Tobacco Control Act, Congress made extensive
legislative findings regarding the lethal and addictive nature of
tobacco products, including that tobacco use is the foremost
preventable cause of premature death in the United States (section
2(13) of the Tobacco Control Act; 61 FR 44398). Tobacco use causes more
than 400,000 deaths each year (section 2(13) of the Tobacco Control
Act). Moreover, advertising, marketing, and promotion of tobacco
products have been ``especially directed to attract young persons to
use tobacco products, and these efforts have resulted in increased use
of such products by youth'' (section 2(15) of the Tobacco Control Act).
The use of tobacco products is a ``pediatric disease'' and an effective
program to address this disease must include restrictions on youth
access and restrictions on labeling and advertising to help reduce the
appeal of tobacco products to young people (section 2(1), (30) of the
Tobacco Control Act; 60 FR 41314 at 41315; August 11, 1995).
    As Congress recognized, the 1996 final rule was ``the longest
rulemaking proceeding in [FDA] history,'' with 700,000 comments
received in the course of the rulemaking (Congressional Record, S6407,
June 10, 2009, Statement of Senator Kennedy). ``[I]t makes no sense to
require FDA to reinvent the wheel by conducting a new multiyear
rulemaking process on the same issues * * * this legislation will give
the youth access and advertising restrictions already developed by FDA
the force of law'' (Congressional Record, S6407, June 10, 2009,
Statement of Senator Kennedy). Both the 1996 final rule and the 1995
proposed rule (60 FR 41314) included extensive discussions of the
scientific information available at that time and the final rule
included FDA's responses to the more than 700,000 comments on the
proposed rule (61 FR 44396).

II. Overview of the Final Rule

    Consistent with the requirements of section 102 of the Tobacco
Control Act, this rule prohibits the sale of cigarettes and smokeless
tobacco to any person under age 18 and imposes restrictions on
marketing, labeling, and advertising. The rule requires retailers to
verify a purchaser's age by photographic identification; prohibits free
samples of cigarettes and prohibits free samples of smokeless tobacco,
except in qualified adult-only facilities; prohibits the sale of
cigarettes and smokeless tobacco products through vending machines and
self-service displays, except in facilities where individuals under the
age of 18 are not present or permitted at any time; limits the
advertising and labeling to which children and adolescents are exposed
to a black-and-white, text-only format \1\; prohibits the sale or
distribution of brand-identified promotional nontobacco items such as
hats and tee shirts; and prohibits sponsorship of sporting and other
events, teams, and entries in a brand name of a tobacco product, but
permits such sponsorship in a corporate name.
---------------------------------------------------------------------------

    \1\ As discussed later in this section II, this provision is the
subject of an injunction issued by the United States District Court
for the Western District of Kentucky (Commonwealth Brands, Inc. v.
United States, No. 1:09-CV-117-M (W.D. Ky. Jan. 4, 2010)).
---------------------------------------------------------------------------

    As required by section 102(a)(2) of the Tobacco Control Act, this
final rule includes the following changes to the provisions of the 1996
final rule:
     Strikes subpart C--Labels and Sec.  897.32(c) (section
102(a)(2)(B));
     Replaces the definitions of ``cigarette,'' ``cigarette
tobacco,'' and ``smokeless tobacco'' with the definitions of those
terms included in the Tobacco Control Act (section 102(a)(2)(C));
     Inserts the phrase ``or roll-your-own paper'' in 21 CFR
1140.34(a) (formerly Sec.  897.34(a) of the 1996 final rule) (section
102(a)(2)(D)); and
     Reflects the language in section 102(a)(2)(G) of the
Tobacco Control Act in 21 CFR 1140.16(d) (formerly Sec.  897.16(d)) of
the 1996 final rule.
    FDA has also changed the section numbers of the codified provisions
to reflect the rule's codification at part 1140 (21 CFR part 1140) (the
1996 final rule codified the provisions at part 897, a part used for
device regulations, because the products were regulated as devices at
that time), made conforming edits, such as corrections to paragraph
numbering, to Sec.  1140.16(d), and updated the address in Sec.
1140.30(a)(2). In addition, the rule reflects the following
considerations.
    Section 21 CFR 1140.16(a)--Under this final rule, manufacturers may
not use a trade or brand name of a nontobacco product as the trade or
brand name for a cigarette or smokeless tobacco product unless the
trade or brand name was on both the tobacco product and a nontobacco
product sold in the United States on January 1, 1995. FDA is aware of
concerns regarding this provision and is considering what changes, if
any, would be appropriate.
    Section 21 CFR 1140.30(b)--Consistent with section 102(a)(2)(E) of
the Tobacco Control Act, FDA has carefully considered whether this
section (formerly Sec.  897.30(b)) should be modified in light of
governing First Amendment case law, including the decision of the
Supreme Court of the United States in Lorillard Tobacco Co. v. Reilly
(Lorillard) (533 U.S. 525 (2001)). FDA has determined that it is
appropriate in light of governing First Amendment case law to solicit
additional information regarding outdoor advertising in order to
determine what modifications to this section, if any, are appropriate.
Accordingly, elsewhere in this Federal Register, FDA is publishing an
advance notice of proposed rulemaking (ANPR) requesting comments and
information on outdoor advertising. By issuing this ANPR, the Agency
will obtain comments and data, research, or other information that may
have developed since the 1996 issuance of Sec.  897.30(b). This will
enable the Agency to implement a regulatory approach to outdoor
advertising that reflects careful consideration of the U.S. Supreme
Court's decision in Lorillard, the other provisions of the Tobacco
Control Act, and other developments and information, such as the Master
Settlement Agreement between the State Attorneys General and the
tobacco industry, that have occurred since the original publication of
the 1996 final rule. FDA intends to use the information submitted in
response to this advance notice of proposed rulemaking, along with
information in the existing record and other information developed
since the publication of the 1996 final rule, to inform its regulation
of outdoor advertising of cigarettes and smokeless tobacco.
Accordingly, FDA has reserved former Sec.  897.30(b), which is now
renumbered as Sec.  1140.30(b), in this final rule.
    Section 21 CFR 1140.32(a)--The United States District Court for the
Western District of Kentucky recently issued an order granting the
plaintiffs' motion for an order enjoining FDA from enforcing against
them section Sec.  1140.32(a) (formerly Sec.  897.32(a) of the 1996
final rule), scheduled to go into effect on June 22, 2010.
(Commonwealth

Brands, Inc. v. United States, No. 1:09-CV-117-M (W.D. Ky. Jan. 4,
2010)). The government has noticed an appeal from the final judgment
entered in that case on March 8, 2010.

III. Scientific Information That Has Become Available Since the
Publication of the 1996 Final Rule

    In developing its proposed rule (60 FR 41314, August 11, 1995) and
the 1996 final rule, FDA carefully considered the scientific reviews
and information available at that time. Although not required to do so
by the Tobacco Control Act, FDA reviewed scientific information that
has become available since publication of the 1996 final rule and found
that, consistent with the evidence in the record for the 1996 final
rule, the provisions continue to be overwhelmingly supported by
extensive studies on continued youth access to tobacco products, the
targeted marketing of tobacco products to youth, and the immense public
health harm that results. Following is an overview of some of the
scientific information that has become available since the 1996 final
rule.

A. Access

    The 2008 National Survey on Drug Use and Health found that the
number of persons aged 12 or older who smoked cigarettes for the first
time within the past 12 months was 2.4 million in 2008, which was
significantly higher than the estimate for 2002 (1.9 million), 2003
(2.0 million), and 2004 (2.1 million).\2\ In 2008, every day, nearly
4,000 youth aged 12 to 17 became new cigarette smokers.\3\
Approximately 85 percent of persons who ever tried a cigarette did so
by age 18.\4\ In addition, the number of persons aged 12 or older
initiating use of smokeless tobacco was 1.4 million in 2008 and a
little less than half (47.4 percent) were under age 18 when they first
used smokeless tobacco.\5\ The President's Cancer Panel identified
youth as a population group ``particularly vulnerable to tobacco
initiation, continued use, and consequent diseases caused by tobacco
use'' and reported that the ``younger people are when they begin to
smoke, the more likely they are to be adult smokers.'' \6\ Based on
2009 data from the Monitoring the Future survey, past-month cigarette
smoking rates among 8th, 10th, and 12th grade students declined only
slightly from 2007 to 2009, at a much slower pace than observed
previously, while significant increases occurred from 2005 to 2009 in
past-month use of smokeless tobacco among 10th and 12th grade
students.\7\
---------------------------------------------------------------------------

    \2\ Substance Abuse and Mental Health Services Administration,
``Results from the 2008 National Survey on Drug Use and Health:
National Findings,'' p. 60, Office of Applied Studies, NSDUH Series
H-34, DHHS Publication No. SMA 09-4434, Rockville, MD, 2009. (http:/
/www.oas.samhsa.gov/nsduh/2k8nsduh/2k8Results.cfm). (FDA has
verified the Web site addresses in this document, but FDA is not
responsible for any subsequent changes to the Web sites after this
document publishes in the Federal Register.)
    \3\ Id.
    \4\ Memorandum from the Centers for Disease Control to the Food
and Drug Administration, February 3, 2010.
    \5\ Substance Abuse and Mental Health Services Administration,
``Results from the 2008 National Survey on Drug Use and Health:
National Findings,'' p. 62, Office of Applied Studies, NSDUH Series
H-34, DHHS Publication No. SMA 09-4434, Rockville, MD, 2009.
    \6\ President's Cancer Panel, ``Promoting Healthy Lifestyles,''
p. 64, U.S. Department of Health and Human Services, National
Institutes of Health, National Cancer Institute, 2007 (http://
deainfo.nci.nih.gov/ADVISORY/pcp/pcp07rpt/pcp07rpt.pdf).
    \7\ Johnston, L.D., P.M. O'Malley, J.G. Bachman, et al.,
``Smoking continues gradual decline among U.S. teens, smokeless
tobacco threatens a comeback'' (press release), University of
Michigan News Service, December 14, 2009 (http://
www.monitoringthefuture.org/data/09data.html#2009data-cigs).
---------------------------------------------------------------------------

    Cigarette sources include social and commercial sources (e.g., gas
stations, convenience stores). Despite state laws prohibiting the sale
of cigarettes to youth, many middle school and high school students
continue to report that cigarettes are easy to obtain.\8\ One study
found that minors were 2.2 times more successful when attempting to buy
a smokeless tobacco product than when trying to buy cigarettes.\9\ Age
verification data indicate that minors are able to purchase cigarettes
and other tobacco products from stores without age verification.\10,11\
In addition, youth continue to have some access to ``loosies'' (defined
as less than a full pack of cigarettes).\12,13\
---------------------------------------------------------------------------

    \8\ Id.
    \9\ Clark, P.I., S.L. Natanblut, C.L. Schmitt, et al., ``Factors
Associated With Tobacco Sales to Minors: Lessons Learned From the
FDA Compliance Checks,'' Journal of American Medical Association;
284(6), pp.729-734, 2000.
    \10\ Centers for Disease Control and Prevention (CDC), ``Tobacco
Use, Access, and Exposure to Tobacco in Media Among Middle and High
School Students, United States, 2004,'' MMWR Highlights, April 1,
2005 (http://www.cdc.gov/tobacco/data_statistics/mmwrs/byyear/2005/
mm5412a1/highlights.htm).
    \11\ Jones S.E., D.J. Sharp, C.G. Husten, et al., ``Cigarette
acquisition and proof of age among U.S. high school students who
smoke,'' Tobacco Control, 11(1), pp. 20-25, 2002.
    \12\ Johnston L.D., P.M. O'Malley, Y.M. Terry-McElrath,
``Methods, Locations, and Ease of Cigarette Access for American
Youth, 1997-2002,'' American Journal of Preventive Medicine; 27(4),
pp. 267-276, 2004.
    \13\ Clegg Smith, K., F. Stillman, L. Bone, et al., ``Buying and
Selling `Loosies' in Baltimore: The Informal Exchange of Cigarettes
in the Community Context,'' Journal of Urban Health, 84(4), pp.494-
507, 2007.
---------------------------------------------------------------------------

    Youth access restrictions and enforcement of these laws continue to
be identified as important interventions for preventing tobacco use
among adolescents.\14,15,16,17\ One national study found that increases
in state retailer compliance with state laws against selling tobacco
products to minors were associated with decreases in daily cigarette
smoking rates among 10th grade students.\18\ States have universally
adopted youth access restrictions in light of the Synar Amendment
(Public Law 102-321), which is aimed at decreasing youth access to
tobacco, and most states have made considerable progress in achieving
the goal of reducing retailer violation rates in random inspections to
20 percent or less.\19,20\ In 2008, the national average retailer
violation rate (tobacco sales to minors) was 9.9 percent.\21\ This was
the lowest retailer violation rate in Synar's 12-year history. However,
the Synar Amendment focuses on only one aspect of tobacco control:
Reducing youth access to tobacco products through retail sources.
Although important, reduction of youth access to tobacco products is
generally recognized as only one aspect of an effective multi-component
approach to reduce youth tobacco initiation and use, which should also
include efforts to limit tobacco industry marketing and smoking
restrictions.\22,23\ Moreover,

data indicate many teens still report access to cigarettes and
smokeless tobacco through commercial and/or social sources even in
communities with strong enforcement of youth access laws.\24,25,26,27\
---------------------------------------------------------------------------

    \14\ National Institutes of Health, ``NIH State-of-the-Science
Conference Statement on Tobacco Use: Prevention, Cessation and
Controls,'' 2006 (http://consensus.nih.gov/2006/
2006TobaccoSOS029html.htm).
    \15\ Substance Abuse and Mental Health Services Administration:
Center for Substance Abuse Prevention: Division of State Programs,
``FFY 2008 Annual Synar Reports: Youth Tobacco Sales,'' 2008 (http:/
/prevention.samhsa.gov/tobacco/synarreportfy2008.pdf).
    \16\ Stead, L.F., T. Lancaster, ``Interventions for preventing
tobacco sales to minors (Review),'' Cochrane Database of Systematic
Reviews, Issue 1, Article No. CD001497, 2005.
    \17\ Restricting minors' access to tobacco products, Guide to
Community Preventive Services, 2009, (http://
www.thecommunityguide.org/Tobacco/restrictingaccess/index.html).
    \18\ DiFranza J.R., J.A. Savageau, K.E. Fletcher, ``Enforcement
of underage sales laws as a predictor of daily smoking among
adolescents--a national study,'' BioMed Central Public Health,
9:107, pp. 1-7, 2009.
    \19\ DiFranza J.R., G.F. Dussault, ``The federal initiative to
halt the sale of tobacco to children--the Synar Amendment, 1992-
2000: lessons learned,'' Tobacco Control, 14(2), pp. 93-98, 2005.
    \20\ Substance Abuse and Mental Health Services Administration:
Center for Substance Abuse Prevention: Division of State Programs,
``FFY 2008 Annual Synar Reports: Youth Tobacco Sales,'' 2008 (http:/
/prevention.samhsa.gov/tobacco/synarreportfy2008.pdf).
    \21\ Id.
    \22\ National Institutes of Health, ``NIH State-of-the-Science
Conference Statement on Tobacco Use: Prevention, Cessation and
Controls,'' 2006, (http://consensus.nih.gov/2006/
2006TobaccoSOS029html.htm).
    \23\ Institute of Medicine (IOM) of the National Academies,
``Ending the Tobacco Problem: A Blueprint for the Nation,'' (2007
IOM Report), 2007 (http://www.iom.edu/Reports/2007/Ending-the-
Tobacco-Problem-A-Blueprint-for-the-Nation.aspx).
    \24\ Johnston, L.D., P.M. O'Malley, J.G. Bachman, et al.,
``Smoking continues gradual decline among U.S. teens, smokeless
tobacco threatens a comeback`` (press release). University of
Michigan News Service, December 14, 2009 (http://
www.monitoringthefuture.org/data/09data.html#2009data-cigs).
    \25\ Clark, P.I., S.L. Natanblut, C.L. Schmitt, et al.,
``Factors Associated With Tobacco Sales to Minors: Lessons Learned
From the FDA Compliance Checks,'' Journal of American Medical
Association; 284(6), pp.729-734, 2000.
    \26\ Johnston L.D., P.M. O'Malley, Y.M. Terry-McElrath,
``Methods, Locations, and Ease of Cigarette Access for American
Youth, 1997-2002,'' American Journal of Preventive Medicine; 27(4),
pp. 267-276, 2004.
    \27\ DiFranza J.R., M. Coleman, ``Sources of tobacco for youths
in communities with strong enforcement of youth access laws,''
Tobacco Control, 10, pp. 323-328, 2001.
---------------------------------------------------------------------------

B. Marketing

    In 2006, the U.S. tobacco industry spent $12.5 billion on
advertising and promoting cigarettes and another $354 million on
advertising and promoting smokeless tobacco products.\28,29\ Combined
advertising and promotion expenditures for cigarettes and smokeless
tobacco in 2006 amounted to $35 million a day. ``As direct advertising
channels have become increasingly restricted by policy interventions on
both the domestic and global levels, promotional expenditures for
tobacco continue to increase in areas such as point-of-purchase
displays, promotional allowances, and viral, or `stealth,' marketing.''
\30\ Sponsorship expenditures, including sponsorship of sports teams
and athletes, were $30.6 million in 2005.\31,32\ Price discounts
accounted for 74 percent of total cigarette marketing expenditures in
2006 ($9.2 billion), with the broader category of promotional
allowances (which includes price discounts) accounting for 81 percent
of these expenditures ($10.6 billion).\33\ The largest category of
advertising and promotion for smokeless tobacco products in 2006 was
price discounts, which accounted for 58 percent of total spending ($204
million).\34\ The broader category of promotional allowances (which
includes price discounts) accounted for 61 percent of total spending
($216 million).\35\ In comparison, as a general matter, ``the
assessment of State tobacco control funding indicates little progress
in the past year toward the level needed for effective, comprehensive
state tobacco control efforts, as recommended by the Centers for
Disease Control and Prevention'' and is ``miniscule'' compared to the
amount tobacco companies spend on marketing.\36\
---------------------------------------------------------------------------

    \28\ Federal Trade Commission, ``Federal Trade Commission
Cigarette Report for 2006,'' 2009 (http://www.ftc.gov/os/2009/08/
090812cigarettereport.pdf).
    \29\ Federal Trade Commission, ``Federal Trade Commission
Smokeless Tobacco Report for the Year 2006,'' 2009 (http://
www.ftc.gov/os/2009/08/090812smokelesstobaccoreport.pdf).
    \30\ National Cancer Institute, ``The Role of the Media in
Promoting and Reducing Tobacco Use,'' NCI Tobacco Control Monograph
Series, Monograph 19, pp. 7-8, NIH Publication No. 07-6242, 2008
(http://cancercontrol.cancer.gov/TCRB/monographs/19/index.html).
    \31\ Federal Trade Commission, ``Federal Trade Commission
Cigarette Report for 2004 and 2005,'' 2007 (http://www.ftc.gov/
reports/tobacco/2007cigarette2004-2005.pdf).
    \32\ National Cancer Institute, ``The Role of the Media in
Promoting and Reducing Tobacco Use,'' NCI Tobacco Control Monograph
Series, Monograph 19, pp. 154-55, 180, NIH Publication No. 07-6242,
2008 (http://cancercontrol.cancer.gov/TCRB/monographs/19/
index.html).
    \33\ Federal Trade Commission, ``Federal Trade Commission
Cigarette Report for 2006,'' 2009 (http://www.ftc.gov/os/2009/08/
090812cigarettereport.pdf).
    \34\ Federal Trade Commission, ``Federal Trade Commission
Smokeless Tobacco Report for the Year 2006,'' 2009 (http://
www.ftc.gov/os/2009/08/090812smokelesstobaccoreport.pdf).
    \35\ Id.
    \36\ President's Cancer Panel 2007-2008 Annual Report,
``Maximizing Our Nation's Investment in Cancer: Three Crucial
Actions for America's Health,''U.S. Department of Health and Human
Services, National Institutes of Health, National Cancer Institute,
p. 54, 2008 (http://deainfo.nci.nih.gov/advisory/pcp/pcp07-08rpt/
pcp07-08rpt.pdf).
---------------------------------------------------------------------------

    NCI Monograph 19--In 2008, the Department of Health and Human
Services (HHS) U.S. National Cancer Institute (NCI) published its 19th
monograph in the Tobacco Control Monograph Series, The Role of the
Media in Promoting and Reducing Tobacco Use (Monograph 19). Monograph
19 is a ``comprehensive distillation of the scientific literature on
media communications in tobacco promotion and tobacco control.'' \37\
In examining tobacco advertising, Monograph 19 stated that ``tobacco
advertising forms part of an integrated marketing communications
strategy combining sponsorship, brand merchandising, brand stretching,
packaging, point-of-sale promotions, and product placement.'' \38\ The
major conclusions of Monograph 19 included the following: (1)
Cigarettes are one of the most heavily marketed products in the United
States; (2) the targeting of various population groups, including youth
and young adults, ``has been strategically important to the tobacco
industry''; and (3) the weight of the evidence demonstrates a causal
relationship between tobacco advertising and promotion and increased
tobacco use.\39\ With respect to marketing of tobacco to children and
adolescents, Monograph 19 concluded, among other things, that: (1)
Tobacco advertising targets the psychological needs of adolescents
(e.g., popularity) and ``adolescents who believe that smoking can
satisfy their psychological needs, or whose desired image of themselves
is similar to their image of smokers, are more likely to smoke
cigarettes''; and (2) even brief exposure to tobacco advertising
influences adolescents' intentions to smoke.\40\
---------------------------------------------------------------------------

    \37\ National Cancer Institute, ``The Role of the Media in
Promoting and Reducing Tobacco Use,'' NCI Tobacco Control Monograph
Series, Monograph 19, p. xvii, NIH Publication No. 07-6242, 2008
(http://cancercontrol.cancer.gov/TCRB/monographs/19/index.html).
    \38\ Id., p. 7.
    \39\ Id., pp. 11-12.
    \40\ Id., pp. 280-281.
---------------------------------------------------------------------------

    Monograph 19 reviewed studies and literature related to point of
sale advertising, use of promotional items in marketing, restrictions
on the use of color in labeling and advertising, and tobacco industry
sponsorship of sporting and other events. Monograph 19 stated that
``cigarette advertising and promotion are heavy in volume and high in
visibility at the point of sale, particularly in convenience stores.''
\41\ Further, point of purchase retail settings and bars have become
important sites of promotion.\42,43,44,45,46,47\ The tobacco industry
has also directed more resources toward public relations activities,
personal selling, direct marketing campaigns, internet

advertising, package design, and trademark diversification.\48,49,50\
---------------------------------------------------------------------------

    \41\ Id., pp.132, 133.
    \42\ Id., p. 84.
    \43\ Feighery, E. C., K.M. Ribisl, N. Schleicher, R.E. Lee, et
al. , ``Cigarette advertising and promotional strategies in retail
outlets: results of a statewide survey in California,'' Tobacco
Control 10(1), pp. 184-88, 2001.
    \44\ Katz, S.K., A.M. Lavack, ``Tobacco related bar promotions:
insights from tobacco industry documents,'' Tobacco Control 11,
Suppl. 1: i92-i101, 2002.
    \45\ Sepe, E., P.M. Ling, S.A. Glantz, ``Smooth Moves: Bar and
Nightclub Tobacco Promotions That Target Young Adults,'' American
Journal of Public Health vol. 92 (3), pp. 414-19, 2002.
    \46\ Dewhirst, T, ``POP goes the power wall? Taking aim at
tobacco promotional strategies utilised at retail,'' Tobacco Control
vol. 13(3), pp. 209-10, 2004.
    \47\ Institute of Medicine (IOM) of the National Academies,
``Ending the Tobacco Problem: A Blueprint for the Nation,'' (2007
IOM Report), Appendix L, L-5, 2007. http://www.iom.edu/Reports/2007/
Ending-the-Tobacco-Problem-A-Blueprint-for-the-Nation.aspx.
    \48\ Freeman, B., S. Chapman, ``Open source marketing: Camel
cigarette brand marketing in the `Web 2.0' world,'' Tobacco Control,
18, pp. 212-217, 2009.
    \49\ Hamilton, W.L., D.M. Turner-Bowker, C.C. Celebucki, et al.,
``Cigarette advertising in magazines: the tobacco industry response
to the Master Settlement Agreement and to public pressure,'' Tobacco
Control 11 Suppl. pp. ii54-ii58, 2002.
    \50\ National Cancer Institute, ``The Role of the Media in
Promoting and Reducing Tobacco Use,'' NCI Tobacco Control Monograph
Series, Monograph 19, p. 84, NIH Publication No. 07-6242, 2008,
http://cancercontrol.cancer.gov/TCRB/monographs/19/index.html.
---------------------------------------------------------------------------

    Monograph 19 also contained an extensive discussion of the colors
and symbols associated with cigarette brands and found that colors and
symbols can be used in ways that facilitate the circumvention of
tobacco advertising restrictions.\51\ Monograph 19 found that the
``brand image of most tobacco products represents the end result of a
multifaceted marketing effort involving brand identity * * * and the
use of color. The development, enhancement, and reinforcement of this
brand imagery are primary objectives of tobacco promotion.'' \52\
---------------------------------------------------------------------------

    \51\ Id., p. 85.
    \52\ Id., p. 87.
---------------------------------------------------------------------------

    Other Information--In addition to Monograph 19's comprehensive
discussion of the many studies and reviews related to youth access and
tobacco industry marketing to youth, other recent reports and documents
also reflect the need to address these issues. In 2007 the Institute of
Medicine of the National Academies issued a report entitled ``Ending
the Tobacco Problem: A Blueprint for the Nation'' (2007 IOM report). In
discussing factors that have slowed reductions in tobacco use
initiation and kept the annual rate of cessation among smokers fairly
low, the 2007 IOM report noted ``First and foremost, tobacco products
are highly addictive because they contain nicotine, one of the most
addictive substances used by humans. Nicotine's addictive power thus
poses significant challenges to smoking cessation efforts at both the
individual and the population levels. Second, factors such as distorted
risk and harm perceptions, which are associated with the initiation and
maintenance of tobacco use among young smokers, pose a continuing
obstacle for prevention and control strategies.'' \53\
---------------------------------------------------------------------------

    \53\ Institute of Medicine (IOM) of the National Academies,
``Ending the Tobacco Problem: A Blueprint for the Nation,'' (2007
IOM Report), p. 77, 2007. http://www.iom.edu/Reports/2007/Ending-
the-Tobacco-Problem-A-Blueprint-for-the-Nation.aspx.
---------------------------------------------------------------------------

    With respect to adolescent cigarette smoking, the 2007 IOM report
stated that ``research suggests that adolescents misperceive the
magnitude of smoking harms and the addictive properties of tobacco and
fail to appreciate the long-term dangers of smoking, especially when
they apply the dangers to their own behavior. When taken together with
the general tendencies of adolescents to take a short-term perspective
and to given [sic] substantial weight to peer influences, they tend to
unduly discount the risks and overstate the benefits of smoking. These
distorted risk perceptions are associated with adolescents' decisions
to initiate tobacco use, a decision that they will later regret.'' \54\
Moreover, ``[t]he evidence clearly shows that youth exposure to images
that create a positive association with smoking is associated with a
higher likelihood of smoking'' and ``prevailing scientific opinion
regards the relationship between promotional exposures and smoking to
be a causal one.'' \55\ The 2007 IOM report recommended a two-pronged
strategy for reducing tobacco use in the United States. The first prong
would strengthen traditional tobacco control measures, including
restricting youth access within the context of a comprehensive
approach, and the second prong would increase the Federal presence in
tobacco control, including Federal regulation over tobacco industry
products and marketing.\56\
---------------------------------------------------------------------------

    \54\ Id., p. 93.
    \55\ Id., pp. 322-323.
    \56\ Id., pp.154, 272.
---------------------------------------------------------------------------

    In 2003, the World Health Organization's Framework Convention on
Tobacco Control (FCTC) opened for signature, and has since been signed
by the United States and ratified by 168 countries. The FCTC was
developed in response to the global ``tobacco epidemic'' and is aimed
at reducing the supply and demand for tobacco. The core demand
reduction provisions include articles aimed at tobacco labeling,
advertising, promotion, and sponsorship, including provisions that
these be accompanied by health or other appropriate warnings.\57\ The
core supply reduction provisions include provisions aimed at sales to
minors. The FCTC's preamble includes language reflecting concerns
``about the escalation in smoking and other forms of tobacco
consumption by children and adolescents worldwide, particularly smoking
at increasingly early ages'' and ``the impact of all forms of
advertising, promotion and sponsorship aimed at encouraging the use of
tobacco products.'' \58\
---------------------------------------------------------------------------

    \57\ World Health Organization, ``WHO Framework Convention on
Tobacco Control,'' Geneva: World Health Organization, 2003, http://
www.who.int/fctc/text_download/en/index.html.
    \58\ Id., pp. 1-2.
---------------------------------------------------------------------------

    In enacting the Tobacco Control Act, Congress found, among other
things, that the use of tobacco products is a pediatric disease,
virtually all new users of tobacco products are under the minimum legal
age to purchase such products, children are exposed to substantial and
unavoidable tobacco advertising that leads to favorable beliefs about
tobacco use and are more influenced by tobacco marketing than are
adults, and that tobacco company documents indicate that young people
are an important and often crucial segment of the tobacco market
(section 2(1), (4), (20), (23), (24)) of the Tobacco Control Act). In
addition, Congress found that reducing the use of tobacco by minors by
50 percent would prevent well over 10,000,000 of today's children from
becoming regular, daily smokers, saving over 3,000,000 of them from
premature death due to tobacco-induced disease (section 2(14) of the
Tobacco Control Act). Accordingly, Congress directed FDA to reissue
provisions contained in its 1996 final rule that restrict youth access
to tobacco products and target the advertising practices used by the
industry to recruit children and adolescents (section 2(30), (31)).

IV. Legal Authority

    Section 102 of the Tobacco Control Act directs the Secretary to
issue a final rule identical in its provisions to the final rule issued
on August 28, 1996 (61 FR 44615 to 44618), with certain exceptions.
Under section 102(a)(1)(B), the rule issued under this section is,
``deemed to be in compliance with all applicable provisions of chapter
5, title 5, United States Code, and all other provisions of law related
to rulemaking procedures.''

V. Executive Order 12866

    This rule has been determined to be economically significant for
the purposes of Executive Order 12866 and, therefore, it has been
reviewed by the Office of Management and Budget (OMB). Because section
102 of the Tobacco Control Act directs the Secretary to issue a final
rule identical in its provisions to the final rule issued on August 28,
1996 (61 FR 44615 to 44618), OMB has not required a Regulatory Impact
Analysis beyond that done at that time (see 61 FR 44568 to 44606).

VI. Information Collection Provisions in the Final Rule

    This final rule contains information collection provisions that are
subject to review by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The 1995
proposed rule provided a 90-day comment period (extended to 144 days in
the Federal Register of October 16, 1995 (60 FR 53560)). The
information collection provisions in the proposed rule were approved
under OMB control number 0910-0312. FDA will be submitting the
information collection provisions of the final rule to OMB for
reinstatement. Prior to the effective date of this final rule, FDA will
publish a notice in the Federal Register of OMB's decision to approve,
modify, or disapprove the information collection provisions in the
final rule.

List of Subjects in 21 CFR Part 1140

    Tobacco, Smoking, Advertising, Labeling.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, chapter I of
title 21 of the Code of Federal Regulations is amended by adding a new
subchapter K, consisting of part 1140 to read as follows:

SUBCHAPTER K--TOBACCO PRODUCTS

PART 1140--CIGARETTES AND SMOKELESS TOBACCO

Subpart A--General Provisions

Sec.
1140.1 Scope.
1140.2 Purpose.
1140.3 Definitions.

Subpart B--Prohibition of Sale and Distribution to Persons Younger Than
18 Years of Age

1140.10 General responsibilities of manufacturers, distributors, and
retailers.
1140.12 Additional responsibilities of manufacturers.
1140.14 Additional responsibilities of retailers.
1140.16 Conditions of manufacture, sale, and distribution.

Subpart C--[Reserved]

Subpart D--Labeling and Advertising

1140.30 Scope of permissible forms of labeling and advertising.
1140.32 Format and content requirements for labeling and
advertising.
1140.34 Sale and distribution of nontobacco items and services,
gifts, and sponsorship of events.

    Authority:  21 U.S.C. 301 et seq., Sec. 102, Pub. L. 111-31, 123
Stat. 1776.

Subpart A--General Provisions

Sec.  1140.1   Scope.

    (a) This part sets out the restrictions under the Federal Food,
Drug, and Cosmetic Act (the act) on the sale, distribution, and use of
cigarettes and smokeless tobacco that contain nicotine.
    (b) The failure to comply with any applicable provision in this
part in the sale, distribution, and use of cigarettes and smokeless
tobacco renders the product misbranded under the act.
    (c) References in this part to regulatory sections of the Code of
Federal Regulations are to chapter I of title 21, unless otherwise
noted.

Sec.  1140.2   Purpose.

    The purpose of this part is to establish restrictions on the sale,
distribution, and use of cigarettes and smokeless tobacco in order to
reduce the number of children and adolescents who use these products,
and to reduce the life-threatening consequences associated with tobacco
use.

Sec.  1140.3   Definitions.

    (a) Cigarette. (1) Means a product that:
    (i) Is a tobacco product; and
    (ii) Meets the definition of the term ``cigarette'' in section 3(1)
of the Federal Cigarette Labeling and Advertising Act; and
    (2) Includes tobacco, in any form, that is functional in the
product, which, because of its appearance, the type of tobacco used in
the filler, or its packaging and labeling, is likely to be offered to,
or purchased by, consumers as a cigarette or as roll-your-own tobacco.
    (b) Cigarette tobacco means any product that consists of loose
tobacco that is intended for use by consumers in a cigarette. Unless
otherwise stated, the requirements applicable to cigarettes under this
chapter shall also apply to cigarette tobacco.
    (c) Distributor means any person who furthers the distribution of
cigarettes or smokeless tobacco, whether domestic or imported, at any
point from the original place of manufacture to the person who sells or
distributes the product to individuals for personal consumption. Common
carriers are not considered distributors for the purposes of this part.
    (d) Manufacturer means any person, including any repacker and/or
relabeler, who manufactures, fabricates, assembles, processes, or
labels a finished cigarette or smokeless tobacco product.
    (e) Nicotine means the chemical substance named 3-(1-Methyl-2-
pyrrolidinyl)pyridine or C[10]H[14]N[2], including any salt or complex
of nicotine.
    (f) Package means a pack, box, carton, or container of any kind in
which cigarettes or smokeless tobacco are offered for sale, sold, or
otherwise distributed to consumers.
    (g) Point of sale means any location at which a consumer can
purchase or otherwise obtain cigarettes or smokeless tobacco for
personal consumption.
    (h) Retailer means any person who sells cigarettes or smokeless
tobacco to individuals for personal consumption, or who operates a
facility where vending machines or self-service displays are permitted
under this part.
    (i) Smokeless tobacco means any tobacco product that consists of
cut, ground, powdered, or leaf tobacco and that is intended to be
placed in the oral or nasal cavity.

Subpart B--Prohibition of Sale and Distribution to Persons Younger
Than 18 Years of Age

Sec.  1140.10   General responsibilities of manufacturers,
distributors, and retailers.

    Each manufacturer, distributor, and retailer is responsible for
ensuring that the cigarettes or smokeless tobacco it manufactures,
labels, advertises, packages, distributes, sells, or otherwise holds
for sale comply with all applicable requirements under this part.

Sec.  1140.12   Additional responsibilities of manufacturers.

    In addition to the other responsibilities under this part, each
manufacturer shall remove from each point of sale all self-service
displays, advertising, labeling, and other items that the manufacturer
owns that do not comply with the requirements under this part.

Sec.  1140.14   Additional responsibilities of retailers.

    In addition to the other requirements under this part, each
retailer is responsible for ensuring that all sales of cigarettes or
smokeless tobacco to any person comply with the following requirements:
    (a) No retailer may sell cigarettes or smokeless tobacco to any
person younger than 18 years of age;
    (b)(1) Except as otherwise provided in Sec.  1140.16(c)(2)(i) and
in paragraph (b)(2) of this section, each retailer shall verify by
means of photographic identification containing the bearer's date of
birth that no person purchasing the product is younger than 18 years of
age;
    (2) No such verification is required for any person over the age of
26;
    (c) Except as otherwise provided in Sec.  1140.16(c)(2)(ii), a
retailer may sell cigarettes or smokeless tobacco only in a direct,
face-to-face exchange without

the assistance of any electronic or mechanical device (such as a
vending machine);
    (d) No retailer may break or otherwise open any cigarette or
smokeless tobacco package to sell or distribute individual cigarettes
or a number of unpackaged cigarettes that is smaller than the quantity
in the minimum cigarette package size defined in Sec.  1140.16(b), or
any quantity of cigarette tobacco or smokeless tobacco that is smaller
than the smallest package distributed by the manufacturer for
individual consumer use; and
    (e) Each retailer shall ensure that all self-service displays,
advertising, labeling, and other items, that are located in the
retailer's establishment and that do not comply with the requirements
of this part, are removed or are brought into compliance with the
requirements under this part.

Sec.  1140.16   Conditions of manufacture, sale, and distribution.

    (a) Restriction on product names. A manufacturer shall not use a
trade or brand name of a nontobacco product as the trade or brand name
for a cigarette or smokeless tobacco product, except for a tobacco
product whose trade or brand name was on both a tobacco product and a
nontobacco product that were sold in the United States on January 1,
1995.
    (b) Minimum cigarette package size. Except as otherwise provided
under this section, no manufacturer, distributor, or retailer may sell
or cause to be sold, or distribute or cause to be distributed, any
cigarette package that contains fewer than 20 cigarettes.
    (c) Vending machines, self-service displays, mail-order sales, and
other ``impersonal'' modes of sale. (1) Except as otherwise provided
under this section, a retailer may sell cigarettes and smokeless
tobacco only in a direct, face-to-face exchange between the retailer
and the consumer. Examples of methods of sale that are not permitted
include vending machines and self-service displays.
    (2) Exceptions. The following methods of sale are permitted:
    (i) Mail-order sales, excluding mail-order redemption of coupons
and distribution of free samples through the mail; and
    (ii) Vending machines (including vending machines that sell
packaged, single cigarettes) and self-service displays that are located
in facilities where the retailer ensures that no person younger than 18
years of age is present, or permitted to enter, at any time.
    (d)(1) Except as provided in paragraph (d)(2) of this section, no
manufacturer, distributor, or retailer may distribute or cause to be
distributed any free samples of cigarettes, smokeless tobacco, or other
tobacco products (as such term is defined in section 201 of the Federal
Food, Drug, and Cosmetic Act).
    (2)(i) Paragraph (d)(1) of this section does not prohibit a
manufacturer, distributor, or retailer from distributing or causing to
be distributed free samples of smokeless tobacco in a qualified adult-
only facility.
    (ii) Paragraph (d)(2) of this section does not affect the authority
of a State or local government to prohibit or otherwise restrict the
distribution of free samples of smokeless tobacco.
    (iii) For purposes of paragraph (d) of this section, the term
``qualified adult-only facility'' means a facility or restricted area
that:
    (A) Requires each person present to provide to a law enforcement
officer (whether on or off duty) or to a security guard licensed by a
governmental entity government-issued identification showing a
photograph and at least the minimum age established by applicable law
for the purchase of smokeless tobacco;
    (B) Does not sell, serve, or distribute alcohol;
    (C) Is not located adjacent to or immediately across from (in any
direction) a space that is used primarily for youth-oriented marketing,
promotional, or other activities;
    (D) Is a temporary structure constructed, designated, and operated
as a distinct enclosed area for the purpose of distributing free
samples of smokeless tobacco in accordance with this paragraph (d)(2)
of this section;
    (E) Is enclosed by a barrier that:
    (1) Is constructed of, or covered with, an opaque material (except
for entrances and exits);
    (2) Extends from no more than 12 inches above the ground or floor
(which area at the bottom of the barrier must be covered with material
that restricts visibility but may allow airflow) to at least 8 feet
above the ground or floor (or to the ceiling); and
    (3) Prevents persons outside the qualified adult-only facility from
seeing into the qualified adult-only facility, unless they make
unreasonable efforts to do so; and
    (F) Does not display on its exterior:
    (1) Any tobacco product advertising;
    (2) A brand name other than in conjunction with words for an area
or enclosure to identify an adult-only facility; or
    (3) Any combination of words that would imply to a reasonable
observer that the manufacturer, distributor, or retailer has a
sponsorship that would violate Sec.  1140.34(c).
    (iv) Distribution of samples of smokeless tobacco under paragraph
(d)(2) of this section permitted to be taken out of the qualified
adult-only facility shall be limited to one package per adult consumer
containing no more than 0.53 ounces (15 grams) of smokeless tobacco. If
such package of smokeless tobacco contains individual portions of
smokeless tobacco, the individual portions of smokeless tobacco shall
not exceed eight individual portions, and the collective weight of such
individual portions shall not exceed 0.53 ounces (15 grams). Any
manufacturer, distributor, or retailer who distributes or causes to be
distributed free samples also shall take reasonable steps to ensure
that the amounts in this paragraph (d)(2)(iv) are limited to one such
package per adult consumer per day.
    (3) Notwithstanding paragraph (d)(2) of this section, no
manufacturer, distributor, or retailer may distribute or cause to be
distributed any free samples of smokeless tobacco:
    (i) To a sports team or entertainment group; or
    (ii) At any football, basketball, baseball, soccer, or hockey event
or any other sporting or entertainment event determined by the
Secretary to be covered by paragraph (d)(3) of this section.
    (4) The Secretary shall implement a program to ensure compliance
with paragraph (d) of this section and submit a report to the Congress
on such compliance not later than 18 months after the date of enactment
of the Family Smoking Prevention and Tobacco Control Act.
    (5) Nothing in paragraph (d) of this section shall be construed to
authorize any person to distribute or cause to be distributed any
sample of a tobacco product to any individual who has not attained the
minimum age established by applicable law for the purchase of such
product.
    (e) Restrictions on labels, labeling, and advertising. No
manufacturer, distributor, or retailer may sell or distribute, or cause
to be sold or distributed, cigarettes or smokeless tobacco with labels,
labeling, or advertising not in compliance with subpart D of this part,
and other applicable requirements.

Subpart C--[Reserved]

Subpart D--Labeling and Advertising

Sec.  1140.30   Scope of permissible forms of labeling and advertising.

    (a)(1) A manufacturer, distributor, or retailer may, in accordance
with this subpart D, disseminate or cause to be disseminated
advertising or labeling which bears a cigarette or smokeless tobacco
brand name (alone or in conjunction with any other word) or any other
indicia of tobacco product identification, in newspapers; in magazines;
in periodicals or other publications (whether periodic or limited
distribution); on billboards, posters, and placards; in nonpoint-of-
sale promotional material (including direct mail); in point-of-sale
promotional material; and in audio or video formats delivered at a
point-of-sale.
    (2) A manufacturer, distributor, or retailer intending to
disseminate, or to cause to be disseminated, advertising or labeling
for cigarettes or smokeless tobacco in a medium that is not listed in
paragraph (a)(1) of this section, shall notify the agency 30 days prior
to the use of such medium. The notice shall describe the medium and
discuss the extent to which the advertising or labeling may be seen by
persons younger than 18 years of age. The manufacturer, distributor, or
retailer shall send this notice to the Office of Compliance, Center for
Tobacco Products, Food and Drug Administration, 9200 Corporate Blvd.,
Rockville, MD, 20850-3229.
    (b) [Reserved]
    (c) This subpart D does not apply to cigarette or smokeless tobacco
package labels.

Sec.  1140.32   Format and content requirements for labeling and
advertising.

    (a) Except as provided in paragraph (b) of this section, each
manufacturer, distributor, and retailer advertising or causing to be
advertised, disseminating or causing to be disseminated, any labeling
or advertising for cigarettes or smokeless tobacco shall use only black
text on a white background. This section does not apply to advertising:
    (1) In any facility where vending machines and self- service
displays are permitted under this part, provided that the advertising
is not visible from outside the facility and that it is affixed to a
wall or fixture in the facility; or
    (2) Appearing in any publication (whether periodic or limited
distribution) that the manufacturer, distributor, or retailer
demonstrates is an adult publication. For the purposes of this section,
an adult publication is a newspaper, magazine, periodical, or other
publication:
    (i) Whose readers younger than 18 years of age constitute 15
percent or less of the total readership as measured by competent and
reliable survey evidence; and
    (ii) That is read by fewer than 2 million persons younger than 18
years of age as measured by competent and reliable survey evidence.
    (b) Labeling and advertising in an audio or video format shall be
limited as follows:
    (1) Audio format shall be limited to words only with no music or
sound effects.
    (2) Video formats shall be limited to static black text only on a
white background. Any audio with the video shall be limited to words
only with no music or sound effects.

Sec.  1140.34   Sale and distribution of nontobacco items and services,
gifts, and sponsorship of events.

    (a) No manufacturer and no distributor of imported cigarettes or
smokeless tobacco may market, license, distribute, sell, or cause to be
marketed, licensed, distributed, or sold any item (other than
cigarettes or smokeless tobacco or roll-your-own paper) or service,
which bears the brand name (alone or in conjunction with any other
word), logo, symbol, motto, selling message, recognizable color or
pattern of colors, or any other indicia of product identification
identical or similar to, or identifiable with, those used for any brand
of cigarettes or smokeless tobacco.
    (b) No manufacturer, distributor, or retailer may offer or cause to
be offered any gift or item (other than cigarettes or smokeless
tobacco) to any person purchasing cigarettes or smokeless tobacco in
consideration of the purchase thereof, or to any person in
consideration of furnishing evidence, such as credits, proofs-of-
purchase, or coupons, of such a purchase.
    (c) No manufacturer, distributor, or retailer may sponsor or cause
to be sponsored any athletic, musical, artistic, or other social or
cultural event, or any entry or team in any event, in the brand name
(alone or in conjunction with any other word), logo, symbol, motto,
selling message, recognizable color or pattern of colors, or any other
indicia of product identification identical or similar to, or
identifiable with, those used for any brand of cigarettes or smokeless
tobacco. Nothing in this paragraph prevents a manufacturer,
distributor, or retailer from sponsoring or causing to be sponsored any
athletic, musical, artistic, or other social or cultural event, or team
or entry, in the name of the corporation which manufactures the tobacco
product, provided that both the corporate name and the corporation were
registered and in use in the United States prior to January 1, 1995,
and that the corporate name does not include any brand name (alone or
in conjunction with any other word), logo, symbol, motto, selling
message, recognizable color or pattern of colors, or any other indicia
of product identification identical or similar to, or identifiable
with, those used for any brand of cigarettes or smokeless tobacco.

    Dated: March 11, 2010.
Margaret A. Hamburg,
Commissioner of Food and Drugs.

    Dated: March 11, 2010.
Kathleen Sebelius,
Secretary of Health and Human Services.
[FR Doc. 2010-6087 Filed 3-18-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 78, Number 24 (Tuesday, February 5, 2013)]
[Notices]
[Pages 8169-8170]
[FR Doc No: 2013-02443]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-B-1291]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Title
44, Part 65 of the Code of Federal Regulations (44 CFR part 65). The
LOMR will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents of those buildings. For rating purposes, the currently
effective community number is shown in the table below and must be used
for all new policies and renewals.

DATES: These flood hazard determinations will become effective on the
dates listed in the table below and revise the FIRM panels and FIS
report in effect prior to this determination for the listed
communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has ninety (90)
days in which to request through the community that the Deputy
Associate Administrator for Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR Part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Chief executive                        Online location of
        State and county           Location and case        officer of         Community map       letter of map       Effective date of      Community
                                          No.               community           repository           revision             modification           No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
New Mexico: Sandoval............  Village of Corrales  The Honorable        Village Hall, 4324  http://www.rampp-   April 1, 2013..........       350094
                                   (12-06-1884P).       Philip Gasteyer,     Corrales Road,      team.com/
                                                        Mayor, Village of    Corrales, NM        lomrs.htm.
                                                        Corrales, 4324       87048.
                                                        Corrales Road,
                                                        Corrales, NM 87048.
Pennsylvania: Chester...........  Township of West     The Honorable        West Goshen         http://www.rampp-   April 4, 2013..........       420293
                                   Goshen (12-03-       Raymond H.           Township            team.com/
                                   1877P).              Halvorsen,           Building, 1025      lomrs.htm.
                                                        Chairman, Township   Paoli Pike, West
                                                        of West Goshen       Chester, PA 19380.
                                                        Board of
                                                        Supervisors, 1025
                                                        Paoli Pike, West
                                                        Chester, PA 19380.

Texas:
    Harris......................  Unincorporated       The Honorable Ed     Harris County,      http://www.rampp-   April 11, 2013.........       480287
                                   areas of Harris      Emmett, Harris       10555 Northwest     team.com/
                                   County (12-06-       County Judge, 1001   Freeway, Houston,   lomrs.htm.
                                   3202P).              Preston, Suite       TX 77092.
                                                        911, Houston, TX
                                                        77002.
    Lamar.......................  Unincorporated       The Honorable Chuck  Lamar County        http://www.rampp-   April 1, 2013..........       480891
                                   areas of Lamar       Superville, Jr.,     Courthouse, 119     team.com/
                                   County (12-06-       Lamar County         North Main          lomrs.htm.
                                   2815P).              Judge, 119 North     Street, Paris, TX
                                                        Main Street,         75460.
                                                        Paris, TX 75460.
Virginia:
    City of Bristol.............  City of Bristol (12- Mr. Dewey P.         Virginia City       http://www.rampp-   April 11, 2013.........       510022
                                   03-0985P).           Cashwell, Jr.,       Hall, 300 Lee       team.com/
                                                        Manager, City of     Street, Bristol,    lomrs.htm.
                                                        Bristol, 300 Lee     VA 24201.
                                                        Street, Bristol,
                                                        VA 24201.
    Stafford....................  Unincorporated       The Honorable Susan  Stafford County     http://www.rampp-   April 1, 2013..........       510154
                                   areas of Stafford    Stimpson,            Administration      team.com/
                                   County (12-03-       Chairman, Stafford   Center, 1300        lomrs.htm.
                                   0748P).              County Board of      Courthouse Road,
                                                        Supervisors, 1300    Stafford, VA
                                                        Courthouse Road,     22554.
                                                        Stafford, VA 22554.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
* * * * *

James A. Walke,
Acting Deputy Associate Administrator for Mitigation, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2013-02443 Filed 2-4-13; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 85, Number 54 (Thursday, March 19, 2020)]
[Rules and Regulations]
[Pages 15724-15727]
[FR Doc No: 2020-05590]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0166]
RIN 1625-AA00

Safety Zone; COVID-19 NorCal Maritime 2020, San Francisco Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of San Francisco Bay surrounding the cruise ship GRAND
PRINCESS due to the presence of at least 21 people onboard reportedly
testing positive for COVID-19. Federal, state, and local health
officials have determined that the vessel presents a risk of spreading
communicable disease within the United States. Based on this
information, this safety zone is necessary to protect personnel from
potential safety hazards onboard the cruise ship GRAND PRINCESS.
Unauthorized persons or vessels are

prohibited from entering into, transiting through, or remaining in the
safety zone without permission of the Captain of the Port San Francisco
or a Captain of the Port San Francisco's designated representative.

DATES: This temporary final rule is effective without actual notice
from March 19, 2020 through 12:59 p.m. on April 15, 2020. For the
purposes of enforcement, actual notice will be used from 11 a.m. March
15, 2020 through March 19, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2020-0166 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Emily Rowan, U.S. Coast Guard Sector San
Francisco; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking with
respect to this rule because it is impracticable. The Coast Guard
received notice of the need for this safety zone on March 8, 2020. It
is impracticable to go through the full rulemaking process, including
providing a reasonable comment period and considering those comments,
because the Coast Guard must establish this temporary safety zone by
March 15, 2020.
    The Coast Guard previously issued an emergency temporary final rule
for a safety zone effective from March 8, 2020 at 12 p.m. until March
15, 2020 at 11 a.m. (Docket number USCG-2019-0166). Federal, state, and
local health officials have indicated that the risk of spreading
communicable disease within the United States posed by the presence of
at least 21 people onboard the GRAND PRINCESS reportedly testing
positive for COVID-19 will continue beyond March 15, 2020.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
protect personnel from potential hazards onboard the cruise ship GRAND
PRINCESS, which is carrying at least 21 people who have reportedly
tested positive for COVID-19.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 46 U.S.C.
70034. The Captain of the Port San Francisco has determined that
potential communicable disease hazards associated with the GRAND
PRINCESS transiting into and remaining in the San Francisco Bay,
starting on March 8, 2020, will be a safety concern for anyone within a
500-yard radius of the cruise ship while it is underway, and within a
100-yard radius of the cruise ship while it is anchored or moored. This
rule is needed to protect personnel and vessels in the navigable waters
surrounding the cruise ship.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone around the cruise
ship GRAND PRINCESS from 11 a.m. on March 15, 2020 through 11:59 p.m.
on April 15, 2020. The safety zone will encompass the navigable waters
of San Francisco Bay and areas shoreward of the line drawn between San
Francisco Main Ship Channel Lighted Bell Buoy 7 and San Francisco Main
Ship Channel Lighted Whistle Buoy 8 (LLNR 4190 & 4195) in positions
37[deg]46.9' N, 122[deg]35.4' W and 37[deg]46.5' N, 122[deg]35.2' W,
respectively, from surface to bottom, within the area 500 yards ahead,
astern and extending along either side of the GRAND PRINCESS while the
vessel is underway, and within the area 100 yards ahead, astern and
extending along either side of the GRAND PRINCESS while it is anchored
or moored.
    This regulation is needed to keep persons and vessels away from the
immediate vicinity of the cruise ship to ensure the safety of personnel
and vessels. Except for persons or vessels authorized by the COTP or
the COTP's designated representative, no person or vessel may enter or
remain in the restricted area. A ``designated representative'' means a
Coast Guard Patrol Commander, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel or a Federal,
State, or local officer designated by or assisting the COTP in the
enforcement of the safety zone.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone.
Although this rule restricts access to the water encompassed by the
safety zone, the effect of this rule will not be significant because
the local waterway users will be notified to ensure the safety zone
will result in minimum impact. Additionally, the vessels desiring to
transit through or around the temporary safety zone may do so upon
express permission from the COTP or the COTP's designated
representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.

    While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A. above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and U.S. Coast Guard Environmental Planning Policy,
COMDTINST 5090.1 (series), which guide the Coast Guard in complying
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule involves a safety zone
established to deal with an emergency situation that will prohibit
entry to the area surrounding the cruise ship GRAND PRINCESS, which has
at least 21 people onboard who have tested positive for COVID-19. It is
categorically excluded from further review under paragraph L60(a) in
Table 3-1 of Department of Homeland Security Directive 023-01. A Record
of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6,
and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T11-022 to read as follows:

Sec.  165.T11-022  Safety Zone; COVID-19 NorCal Maritime 2020, San
Francisco Bay, CA.

    (a) Location. This temporary safety zone encompasses the navigable
waters of San Francisco Bay and areas shoreward of the line drawn
between San Francisco Main Ship Channel Lighted Bell Buoy 7 and San
Francisco Main Ship Channel Lighted Whistle Buoy 8 (LLNR 4190 & 4195)
in positions 37[deg]46.9' N, 122[deg]35.4' W and 37[deg]46.5' N,
122[deg]35.2' W, respectively, from surface to bottom, within the area
500 yards ahead, astern and extending along either side of the GRAND
PRINCESS while the vessel is underway, and within the area 100 yards
ahead, astern and extending along either side of the GRAND PRINCESS
while it is anchored or moored.
    (b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local officer designated by or
assisting the Captain of the Port San Francisco (COTP) in the
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart B of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative. Persons and vessels may request permission to enter the
safety zone on VHF-23A or through

the 24-hour Command Center at telephone<PHONE_NUMBER>.
    (d) Enforcement period. This section will be enforced from March
15, 2020 at 11 a.m. through April 15, 2020 at 11:59 p.m.
    (e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which this zone will be enforced in accordance with 33 CFR 165.7.

    Dated: March 12, 2020.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2020-05590 Filed 3-18-20; 8:45 am]
BILLING CODE 9110-04-P


A Federal Advisory Committee for the U. S. Environmental Protection Agency's Office of Research and Development August 29, 2006 EXECUTIVE COMMITTEE MEETING DRAFT AGENDA Tuesday, September 5, 2006 11: 00 a. m.   12: 00 noon Eastern Time CONFERENCE CALL Participation by Teleconference Only 11: 00 11: 10 a. m. Welcome and Overview Dr. James H. Johnson, Jr.  Roll Call Chair, BOSC Executive  Purpose of Teleconference Committee 11: 10 11: 15 a. m. DFO Remarks Susan Peterson, Office of Research and Development 11: 15 11: 30 a. m. Finalize Science to Achieve Results ( STAR)/ Dr. James H. Johnson, Jr. Greater Research Opportunities ( GRO) Chair, BOSC Executive Fellowship Subcommittee Revised Draft Report Committee 11: 30 11: 40 a. m. Public Comment 11: 40 11: 50 a. m. Mid Cycle Program Reviews Dr. James H. Johnson, Jr.  Proposed Process for Pilot Chair, BOSC Executive Committee 11: 50 12: 00 noon Wrap Up Dr. James H. Johnson, Jr.  Approve Standing Lab/ Center Subcommittee Chair, BOSC Executive Pilots Committee  Nominations for Expertise for Executive Committee Upcoming Vacancies  Confirm January 22 23, 2007 Meeting Date  Location/ Date May 2007 Meeting 12: 00 noon Adjourn