80_FR_51309 80 FR 51146 - Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, Nicotine-Containing E-Liquid(s), and Other Tobacco Products; Request for Comments; Extension of Comment Period

80 FR 51146 - Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, Nicotine-Containing E-Liquid(s), and Other Tobacco Products; Request for Comments; Extension of Comment Period

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 163 (August 24, 2015)

Page Range51146-51147
FR Document2015-20759

The Food and Drug Administration (FDA) is extending the comment period for the advance notice of proposed rulemaking (ANPRM) entitled ``Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, Nicotine-Containing E-Liquid(s), and Other Tobacco Products'' that appeared in the Federal Register of July 1, 2015. In the ANPRM, FDA requested comments, data, research results, or other information, that may inform regulatory actions that FDA might take with respect to nicotine exposure warnings and child-resistant packaging for liquid nicotine and nicotine-containing e-liquid(s) that are made or derived from tobacco and intended for human consumption, and potentially for other tobacco products including, but not limited to, novel tobacco products such as dissolvables, lotions, gels, and drinks. The Agency is taking this action in response to requests for an extension to allow interested persons additional time to submit comments.

Federal Register, Volume 80 Issue 163 (Monday, August 24, 2015)
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Proposed Rules]
[Pages 51146-51147]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20759]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / 
Proposed Rules

[[Page 51146]]



DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 1100, 1140, and 1143

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


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

AGENCY: Food and Drug Administration, HHS.

ACTION: Advance notice of proposed rulemaking; extension of comment 
period.

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

SUMMARY: The Food and Drug Administration (FDA) is extending the 
comment period for the advance notice of proposed rulemaking (ANPRM) 
entitled ``Nicotine Exposure Warnings and Child-Resistant Packaging for 
Liquid Nicotine, Nicotine-Containing E-Liquid(s), and Other Tobacco 
Products'' that appeared in the Federal Register of July 1, 2015. In 
the ANPRM, FDA requested comments, data, research results, or other 
information, that may inform regulatory actions that FDA might take 
with respect to nicotine exposure warnings and child-resistant 
packaging for liquid nicotine and nicotine-containing e-liquid(s) that 
are made or derived from tobacco and intended for human consumption, 
and potentially for other tobacco products including, but not limited 
to, novel tobacco products such as dissolvables, lotions, gels, and 
drinks. The Agency is taking this action in response to requests for an 
extension to allow interested persons additional time to submit 
comments.

DATES: FDA is extending the comment period on the ANPRM published July 
1, 2015 (80 FR 37555). Submit either electronic or written comments by 
September 30, 2015.

ADDRESSES: You may submit comments by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

Written Submissions

    Submit written submissions in the following ways:
     Mail/Hand delivery/Courier (for paper submissions): 
Division of Dockets Management (HFA-305), Food and Drug Administration, 
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Docket No. 
FDA-2015-N-1514 for this rulemaking. All comments received may be 
posted without change to http://www.regulations.gov, including any 
personal information provided. For additional information on submitting 
comments, see the ``Requests for Comments and Information'' heading of 
the SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov and insert the 
docket number, found in brackets in the heading of this document, into 
the ``Search'' box and follow the prompts and/or go to the Division of 
Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Bryant M. Godfrey or Courtney S. 
Smith, Center for Tobacco Products, Food and Drug Administration, 10903 
New Hampshire Ave., Silver Spring, MD 20993, 1-877-CTP-1373, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of July 1, 2015 (80 FR 37555), FDA 
published an ANPRM with a 60-day comment period to request comments, 
data, research results, or other information, that may inform 
regulatory actions that FDA might take with respect to nicotine 
exposure warnings and child-resistant packaging for liquid nicotine and 
nicotine-containing e-liquid(s) that are made or derived from tobacco 
and intended for human consumption, and potentially for other tobacco 
products including, but not limited to, novel tobacco products such as 
dissolvables, lotions, gels, and drinks.
    The Agency has received several comments requesting an extension of 
the comment period for the ANPRM. These comments convey concern that 
the current 60-day comment period does not allow sufficient time to 
develop meaningful or thoughtful responses to questions raised in the 
ANPRM.
    FDA has considered the requests and is extending the comment period 
for the ANPRM for 30 days, until September 30, 2015. The Agency 
believes that a 30-day extension allows adequate time for interested 
persons to submit comments without significantly delaying any potential 
regulatory action on these important issues.

II. Requests for Comments and Information

A. General Information About Submitting Comments

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

B. Public Availability of Comments

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

[[Page 51147]]

confidentiality, please refer to 21 CFR 10.20.

C. Information Identifying the Person Submitting the Comment

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

    Dated: August 18, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-20759 Filed 8-21-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                 51146

                                                 Proposed Rules                                                                                                Federal Register
                                                                                                                                                               Vol. 80, No. 163

                                                                                                                                                               Monday, August 24, 2015



                                                 This section of the FEDERAL REGISTER                    ADDRESSES:  You may submit comments                   potentially for other tobacco products
                                                 contains notices to the public of the proposed          by any of the following methods:                      including, but not limited to, novel
                                                 issuance of rules and regulations. The                                                                        tobacco products such as dissolvables,
                                                 purpose of these notices is to give interested          Electronic Submissions
                                                                                                                                                               lotions, gels, and drinks.
                                                 persons an opportunity to participate in the              Submit electronic comments in the                      The Agency has received several
                                                 rule making prior to the adoption of the final          following way:                                        comments requesting an extension of
                                                 rules.
                                                                                                           • Federal eRulemaking Portal: http://               the comment period for the ANPRM.
                                                                                                         www.regulations.gov. Follow the                       These comments convey concern that
                                                 DEPARTMENT OF HEALTH AND                                instructions for submitting comments.                 the current 60-day comment period does
                                                 HUMAN SERVICES                                                                                                not allow sufficient time to develop
                                                                                                         Written Submissions
                                                                                                                                                               meaningful or thoughtful responses to
                                                 Food and Drug Administration                               Submit written submissions in the                  questions raised in the ANPRM.
                                                                                                         following ways:                                          FDA has considered the requests and
                                                 21 CFR Parts 1100, 1140, and 1143                          • Mail/Hand delivery/Courier (for                  is extending the comment period for the
                                                                                                         paper submissions): Division of Dockets               ANPRM for 30 days, until September
                                                 [Docket No. FDA–2015–N–1514]                            Management (HFA–305), Food and Drug                   30, 2015. The Agency believes that a 30-
                                                 RIN 0910–AH24                                           Administration, 5630 Fishers Lane, Rm.                day extension allows adequate time for
                                                                                                         1061, Rockville, MD 20852.                            interested persons to submit comments
                                                 Nicotine Exposure Warnings and                             Instructions: All submissions received             without significantly delaying any
                                                 Child-Resistant Packaging for Liquid                    must include the Docket No. FDA–                      potential regulatory action on these
                                                 Nicotine, Nicotine-Containing E-                        2015–N–1514 for this rulemaking. All                  important issues.
                                                 Liquid(s), and Other Tobacco                            comments received may be posted
                                                 Products; Request for Comments;                         without change to http://                             II. Requests for Comments and
                                                 Extension of Comment Period                             www.regulations.gov, including any                    Information
                                                 AGENCY:    Food and Drug Administration,                personal information provided. For                    A. General Information About
                                                 HHS.                                                    additional information on submitting                  Submitting Comments
                                                                                                         comments, see the ‘‘Requests for                         Interested persons may submit either
                                                 ACTION: Advance notice of proposed
                                                                                                         Comments and Information’’ heading of                 electronic comments regarding this
                                                 rulemaking; extension of comment
                                                                                                         the SUPPLEMENTARY INFORMATION section                 document to http://www.regulations.gov
                                                 period.
                                                                                                         of this document.                                     or written comments to the Division of
                                                 SUMMARY:    The Food and Drug                              Docket: For access to the docket to                Dockets Management (see ADDRESSES).
                                                 Administration (FDA) is extending the                   read background documents or                          It is only necessary to send one set of
                                                 comment period for the advance notice                   comments received, go to http://                      comments. Identify comments with the
                                                 of proposed rulemaking (ANPRM)                          www.regulations.gov and insert the                    docket number found in brackets in the
                                                 entitled ‘‘Nicotine Exposure Warnings                   docket number, found in brackets in the               heading of this document.
                                                 and Child-Resistant Packaging for                       heading of this document, into the
                                                 Liquid Nicotine, Nicotine-Containing E-                 ‘‘Search’’ box and follow the prompts                 B. Public Availability of Comments
                                                 Liquid(s), and Other Tobacco Products’’                 and/or go to the Division of Dockets                     Received comments may be seen in
                                                 that appeared in the Federal Register of                Management, 5630 Fishers Lane, Rm.                    the Division of Dockets Management
                                                 July 1, 2015. In the ANPRM, FDA                         1061, Rockville, MD 20852.                            between 9 a.m. and 4 p.m., Monday
                                                 requested comments, data, research                      FOR FURTHER INFORMATION CONTACT:                      through Friday, and will be posted to
                                                 results, or other information, that may                 Bryant M. Godfrey or Courtney S.                      the docket at http://
                                                 inform regulatory actions that FDA                      Smith, Center for Tobacco Products,                   www.regulations.gov. As a matter of
                                                 might take with respect to nicotine                     Food and Drug Administration, 10903                   Agency practice, FDA generally does
                                                 exposure warnings and child-resistant                   New Hampshire Ave., Silver Spring, MD                 not post comments submitted by
                                                 packaging for liquid nicotine and                       20993, 1–877–CTP–1373,                                individuals in their individual capacity
                                                 nicotine-containing e-liquid(s) that are                CTPRegulations@fda.hhs.gov.                           on http://www.regulations.gov. This is
                                                 made or derived from tobacco and                        SUPPLEMENTARY INFORMATION:                            determined by information indicating
                                                 intended for human consumption, and                                                                           that the submission is written by an
                                                 potentially for other tobacco products                  I. Background                                         individual, for example, the comment is
                                                 including, but not limited to, novel                      In the Federal Register of July 1, 2015             identified with the category ‘‘Individual
                                                 tobacco products such as dissolvables,                  (80 FR 37555), FDA published an                       Consumer’’ under the field entitled
                                                 lotions, gels, and drinks. The Agency is                ANPRM with a 60-day comment period                    ‘‘Category (Required)’’, on the ‘‘Your
                                                 taking this action in response to                       to request comments, data, research                   Information’’ page on http://
rmajette on DSK2VPTVN1PROD with PROPOSALS




                                                 requests for an extension to allow                      results, or other information, that may               www.regulations.gov; for this ANPRM,
                                                 interested persons additional time to                   inform regulatory actions that FDA                    however, FDA will not be following this
                                                 submit comments.                                        might take with respect to nicotine                   general practice. Instead, FDA will post
                                                 DATES: FDA is extending the comment                     exposure warnings and child-resistant                 on http://www.regulations.gov
                                                 period on the ANPRM published July 1,                   packaging for liquid nicotine and                     comments to this docket that have been
                                                 2015 (80 FR 37555). Submit either                       nicotine-containing e-liquid(s) that are              submitted by individuals in their
                                                 electronic or written comments by                       made or derived from tobacco and                      individual capacity. If you wish to
                                                 September 30, 2015.                                     intended for human consumption, and                   submit any information under a claim of


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                                                                        Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Proposed Rules                                                    51147

                                                 confidentiality, please refer to 21 CFR                 SIP. We are taking comments on this                   SUPPLEMENTARY INFORMATION:
                                                 10.20.                                                  proposal and plan to follow with a final              Throughout this document, ‘‘we’’, ‘‘us’’
                                                                                                         action.                                               and ‘‘our’’ refer to EPA.
                                                 C. Information Identifying the Person
                                                 Submitting the Comment                                  DATES: Written comments must be                       Table of Contents
                                                                                                         received on or before September 23,                   I. Background
                                                   Please note that your name, contact
                                                                                                         2015.                                                 II. The State’s Submittal
                                                 information, and other information                                                                            III. EPA’s Evaluation of the State’s Submittal
                                                 identifying you will be posted on                       ADDRESSES:    Submit your comments,                      A. SIP Procedural Requirements
                                                 http://www.regulations.gov if you                       identified by Docket ID Number EPA–R                     B. EPA Policy on Economic Incentives
                                                 include that information in the body of                 09–OAR–2015–0489, by one of the                          C. Sections 110(l) and 193 of the Act
                                                 your comments. For electronic                           following methods:                                    IV. Proposed Action and Public Comment
                                                 comments submitted to http://                                                                                 V. Statutory and Executive Order Reviews
                                                                                                            1. http://www.regulations.gov: Follow
                                                 www.regulations.gov, FDA will post the                  the on-line instructions for submitting               I. Background
                                                 body of your comment on http://                         comments.
                                                 www.regulations.gov along with your                                                                              On July 18, 1997, EPA established
                                                                                                            2. Email: steckel.andrew@epa.gov                   new national ambient air quality
                                                 State/province and country (if
                                                 provided), the name of your                                3. Mail or deliver: Andrew Steckel                 standards (NAAQS) for particles less
                                                 representative (if any), and the category               (AIR–4), U.S. Environmental Protection                than or equal to 2.5 micrometers (mm) in
                                                 identifying you (e.g., individual,                      Agency, Region IX, 75 Hawthorne                       diameter (PM2.5), including an annual
                                                 consumer, academic, industry). For                      Street, San Francisco, CA 94105–3901.                 standard of 15.0 micrograms per cubic
                                                                                                         Deliveries are only accepted during the               meter (mg/m3) based on a 3-year average
                                                 written submissions submitted to the
                                                                                                         Regional Office’s normal hours of                     of annual mean PM2.5 concentrations,
                                                 Division of Dockets Management, FDA
                                                                                                         operation.                                            and a 24-hour (daily) standard of 65 mg/
                                                 will post the body of your comments on
                                                                                                            Instructions: All comments will be                 m3 based on a 3-year average of 98th
                                                 http://www.regulations.gov, but you can
                                                                                                         included in the public docket without                 percentile 24-hour PM2.5
                                                 put your name and/or contact
                                                                                                         change and may be made available                      concentrations.1 EPA established these
                                                 information on a separate cover sheet
                                                                                                         online at http://www.regulations.gov,                 standards after considering substantial
                                                 and not in the body of your comments.
                                                                                                         including any personal information                    evidence from numerous health studies
                                                   Dated: August 18, 2015.                                                                                     demonstrating that serious health effects
                                                                                                         provided, unless the comment includes
                                                 Leslie Kux,                                             Confidential Business Information (CBI)               are associated with exposures to PM2.5
                                                 Associate Commissioner for Policy.                      or other information whose disclosure is              concentrations above these levels.
                                                 [FR Doc. 2015–20759 Filed 8–21–15; 8:45 am]             restricted by statute. Information that                  Following promulgation of a new or
                                                 BILLING CODE 4164–01–P                                  you consider CBI or otherwise protected               revised NAAQS, EPA is required under
                                                                                                         should be clearly identified as such and              Clean Air Act (CAA) section 107(d) to
                                                                                                         should not be submitted through http://               designate areas throughout the nation as
                                                                                                         www.regulations.gov or email. http://                 attaining or not attaining the NAAQS.
                                                 ENVIRONMENTAL PROTECTION
                                                                                                         www.regulations.gov is an anonymous                   On January 5, 2005, EPA published
                                                 AGENCY
                                                                                                                                                               initial air quality designations for the
                                                                                                         access system, and EPA will not know
                                                 40 CFR Part 52                                                                                                1997 annual and 24-hour PM2.5 NAAQS,
                                                                                                         your identity or contact information
                                                                                                                                                               using air quality monitoring data for the
                                                 [EPA–R09–OAR–2015–0489; FRL–9932–74–                    unless you provide it in the body of
                                                                                                                                                               three-year periods of 2001–2003 and
                                                 Region 9]                                               your comment. If you send email
                                                                                                                                                               2002–2004.2 These designations became
                                                                                                         directly to EPA, your email address will
                                                                                                                                                               effective April 5, 2005.3 EPA designated
                                                 Revision to the California State                        be automatically captured and included
                                                                                                                                                               the San Joaquin Valley (SJV) area 4 as
                                                 Implementation Plan; San Joaquin                        as part of the public comment. If EPA
                                                                                                                                                               nonattainment for both the 1997 annual
                                                 Valley; Demonstration of Creditable                     cannot read your comment due to
                                                                                                                                                               PM2.5 standard (15.0 mg/m3) and the
                                                 Emission Reductions from Economic                       technical difficulties and cannot contact
                                                                                                                                                               1997 24-hour PM2.5 standard (65 mg/
                                                 Incentive Programs                                      you for clarification, EPA may not be                 m3).5
                                                                                                         able to consider your comment.                           Between 2007 and 2011, California
                                                 AGENCY:  Environmental Protection
                                                 Agency (EPA).                                              Docket: Generally, documents in the                made six SIP submittals to address
                                                                                                         docket for this action are available                  nonattainment area planning
                                                 ACTION: Proposed rule.                                  electronically at www.regulations.gov
                                                 SUMMARY:   The Environmental Protection                 and in hard copy at EPA Region IX, 75                   1 62 FR 36852 (July 18, 1997) and 40 CFR 50.7.


                                                 Agency (EPA) is proposing to approve a                  Hawthorne Street, San Francisco,                      Effective December 18, 2006, EPA strengthened the
                                                                                                         California. While all documents in the                24-hour PM2.5 NAAQS by lowering the level to 35
                                                 demonstration of creditable emission                                                                          mg/m3. 71 FR 61144 (October 17, 2006) and 40 CFR
                                                 reductions submitted by California for                  docket are listed at                                  50.13. Effective March 18, 2013, EPA strengthened
                                                 approval into the San Joaquin Valley                    www.regulations.gov, some information                 the annual PM2.5 NAAQS by lowering the level to
                                                                                                         may be publicly available only at the                 12 mg/m3. 78 FR 3086 (January 15, 2013) and 40
                                                 (SJV) portion of the California State                                                                         CFR 50.18. In this preamble, all references to the
                                                 Implementation Plan (SIP). This SIP                     hard copy location (e.g., copyrighted                 PM2.5 NAAQS, unless otherwise specified, are to
                                                 submittal demonstrates that certain state               material, large maps), and some may not               the 1997 24-hour standard (65 mg/m3) and annual
                                                 mobile source incentive funding                         be publicly available in either location              standard (15.0 mg/m3) as codified in 40 CFR 50.7.
rmajette on DSK2VPTVN1PROD with PROPOSALS




                                                 programs have achieved specified                        (e.g., CBI). To inspect the hard copy                   2 70 FR 944 (January 5, 2005).
                                                                                                                                                                 3 Id.
                                                 amounts of reductions in emissions of                   materials, please schedule an
                                                                                                                                                                 4 The SJV area encompasses over 23,000 square
                                                 nitrogen oxides (NOX) and fine                          appointment during normal business
                                                                                                                                                               miles and includes all or part of eight counties in
                                                 particulate matter (PM2.5) in the SJV area              hours with the contact listed in the FOR              California’s central valley: San Joaquin, Stanislaus,
                                                 by 2014. The effect of this action would                FURTHER INFORMATION CONTACT section.                  Merced, Madera, Fresno, Tulare, Kings, and Kern.
                                                                                                                                                               For a precise description of the geographic
                                                 be to approve these amounts of emission                 FOR FURTHER INFORMATION CONTACT:                      boundaries of the San Joaquin Valley nonattainment
                                                 reductions for credit toward an emission                Idalia Perez, EPA Region IX, perez.                   area, see 40 CFR 81.305.
                                                 reduction commitment in the California                  idalia@epa.gov, (415) 972–3248.                         5 40 CFR 81.305.




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Document Created: 2015-12-15 10:55:06
Document Modified: 2015-12-15 10:55:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAdvance notice of proposed rulemaking; extension of comment period.
DatesFDA is extending the comment period on the ANPRM published July 1, 2015 (80 FR 37555). Submit either electronic or written comments by September 30, 2015.
ContactBryant M. Godfrey or Courtney S. Smith, Center for Tobacco Products, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993, 1-877-CTP-1373, [email protected]
FR Citation80 FR 51146 
RIN Number0910-AH24
CFR Citation21 CFR 1100
21 CFR 1140
21 CFR 1143

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