83_FR_26730 83 FR 26619 - Tobacco Product Standard for Nicotine Level of Combusted Cigarettes; Extension of Comment Period

83 FR 26619 - Tobacco Product Standard for Nicotine Level of Combusted Cigarettes; Extension of Comment Period

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 111 (June 8, 2018)

Page Range26619-26620
FR Document2018-12368

The Food and Drug Administration (FDA or the Agency) is extending the comment period for the advance notice of proposed rulemaking (ANPRM) that appeared in the Federal Register of March 16, 2018. In the ANPRM, FDA requested information for consideration in developing a tobacco product standard to set a maximum nicotine level in combusted cigarettes so that they are minimally addictive or nonaddictive. 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 83 Issue 111 (Friday, June 8, 2018)
[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Proposed Rules]
[Pages 26619-26620]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12368]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 1130

[Docket No. FDA-2017-N-6189]
RIN 0910-AH86


Tobacco Product Standard for Nicotine Level of Combusted 
Cigarettes; 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 or the Agency) is 
extending the comment period for the advance notice of proposed 
rulemaking (ANPRM) that appeared in the Federal Register of March 16, 
2018. In the ANPRM, FDA requested information for consideration in 
developing a tobacco product standard to set a maximum nicotine level 
in combusted cigarettes so that they are minimally addictive or 
nonaddictive. 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 on 
March 16, 2018 (83 FR 11818). Submit either electronic or written 
comments by July 16, 2018.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before July 16, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of July 16, 2018. Comments received by 
mail/hand delivery/courier (for written/paper submissions) will be 
considered timely if they are postmarked or the delivery service

[[Page 26620]]

acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2017-N-6189 for ``Tobacco Product Standard for Nicotine Level of 
Combusted Cigarettes.'' Received comments, those filed in a timely 
manner (see ADDRESSES), will be placed in the docket and, except for 
those submitted as ``Confidential Submissions,'' publicly viewable at 
https://www.regulations.gov or at the Dockets Management Staff between 
9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://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 Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Gerie Voss, Center for Tobacco 
Products, Food and Drug Administration, Document Control Center, 10903 
New Hampshire Ave., Bldg. 71, Rm. G335, Silver Spring, MD 20993, 1-877-
CTP-1373, [email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of March 16, 2018, 
FDA published an ANPRM with a 90-day comment period to obtain 
information for consideration in developing a tobacco product standard 
to set a maximum nicotine level in combusted cigarettes so that they 
are minimally addictive or nonaddictive. Comments on the scope of 
products to be covered, maximum nicotine level for a potential nicotine 
tobacco product standard, implementation methods, analytical testing 
methods, technical achievability, possible countervailing effects, and 
other topics will aid FDA in its consideration regarding development of 
a tobacco product standard to set a maximum nicotine level in combusted 
cigarettes.
    The Agency has received a number of requests for a 90-day extension 
of the comment period for the ANPRM and one request for a 120-day 
extension. FDA has considered the requests and is extending the comment 
period for the ANPRM for an additional 30 days, until July 16, 2018. 
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.

    Dated: June 5, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-12368 Filed 6-7-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                                           Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Proposed Rules                                                 26619

                                                the docket unchanged. Because your                      https://www.regulations.gov. Submit                    is extending the comment period for the
                                                comment will be made public, you are                    both copies to the Dockets Management                  ANPRM for 30 days, until July 19, 2018.
                                                solely responsible for ensuring that your               Staff. If you do not wish your name and                   The Agency believes that a 30-day
                                                comment does not include any                            contact information to be made publicly                extension allows adequate time for
                                                confidential information that you or a                  available, you can provide this                        interested persons to submit comments
                                                third party may not wish to be posted,                  information on the cover sheet and not                 without significantly delaying any
                                                such as medical information, your or                    in the body of your comments and you                   potential regulatory action on these
                                                anyone else’s Social Security number, or                must identify this information as                      important issues.
                                                confidential business information, such                 ‘‘confidential.’’ Any information marked                 Dated: June 5, 2018.
                                                as a manufacturing process. Please note                 as ‘‘confidential’’ will not be disclosed
                                                                                                                                                               Leslie Kux,
                                                that if you include your name, contact                  except in accordance with 21 CFR 10.20
                                                information, or other information that                                                                         Associate Commissioner for Policy.
                                                                                                        and other applicable disclosure law. For
                                                identifies you in the body of your                      more information about FDA’s posting                   [FR Doc. 2018–12369 Filed 6–7–18; 8:45 am]
                                                comments, that information will be                      of comments to public dockets, see 80                  BILLING CODE 4164–01–P
                                                posted on https://www.regulations.gov.                  FR 56469, September 18, 2015, or access
                                                  • If you want to submit a comment                     the information at: https://www.gpo.gov/
                                                with confidential information that you                  fdsys/pkg/FR-2015-09-18/pdf/2015-                      DEPARTMENT OF HEALTH AND
                                                do not wish to be made available to the                 23389.pdf.                                             HUMAN SERVICES
                                                public, submit the comment as a                            Docket: For access to the docket to
                                                written/paper submission and in the                                                                            Food and Drug Administration
                                                                                                        read background documents or the
                                                manner detailed (see ‘‘Written/Paper                    electronic and written/paper comments
                                                Submissions’’ and ‘‘Instructions’’).                                                                           21 CFR Part 1130
                                                                                                        received, go to https://
                                                Written/Paper Submissions                               www.regulations.gov and insert the                     [Docket No. FDA–2017–N–6189]
                                                                                                        docket number, found in brackets in the
                                                   Submit written/paper submissions as                  heading of this document, into the                     RIN 0910–AH86
                                                follows:                                                ‘‘Search’’ box and follow the prompts
                                                   • Mail/Hand delivery/Courier (for                    and/or go to the Dockets Management
                                                                                                                                                               Tobacco Product Standard for Nicotine
                                                written/paper submissions): Dockets                                                                            Level of Combusted Cigarettes;
                                                                                                        Staff, 5630 Fishers Lane, Rm. 1061,                    Extension of Comment Period
                                                Management Staff (HFA–305), Food and                    Rockville, MD 20852.
                                                Drug Administration, 5630 Fishers                                                                              AGENCY:   Food and Drug Administration,
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                Lane, Rm. 1061, Rockville, MD 20852.                                                                           HHS.
                                                   • For written/paper comments                         Laura Rich or Katherine Collins, Center
                                                submitted to the Dockets Management                     for Tobacco Products, Food and Drug                    ACTION: Advance notice of proposed
                                                Staff, FDA will post your comment, as                   Administration, Document Control                       rulemaking; extension of comment
                                                well as any attachments, except for                     Center, 10903 New Hampshire Ave.,                      period.
                                                information submitted, marked and                       Bldg. 71, Rm. G335, Silver Spring, MD
                                                                                                        20993, 1–877–287–1373, AskCTP@                         SUMMARY:   The Food and Drug
                                                identified, as confidential, if submitted                                                                      Administration (FDA or the Agency) is
                                                as detailed in ‘‘Instructions.’’                        fda.hhs.gov.
                                                                                                                                                               extending the comment period for the
                                                   Instructions: All submissions received               SUPPLEMENTARY INFORMATION: In the
                                                                                                                                                               advance notice of proposed rulemaking
                                                must include the Docket No. FDA–                        Federal Register of March 21, 2018,
                                                                                                                                                               (ANPRM) that appeared in the Federal
                                                2017–N–6565 for ‘‘Regulation of Flavors                 FDA published an ANPRM with a 90-
                                                                                                                                                               Register of March 16, 2018. In the
                                                in Tobacco Products.’’ Received                         day comment period to obtain
                                                                                                                                                               ANPRM, FDA requested information for
                                                comments, those filed in a timely                       information related to the role that
                                                                                                                                                               consideration in developing a tobacco
                                                manner (see ADDRESSES), will be placed                  flavors play in tobacco products.
                                                                                                                                                               product standard to set a maximum
                                                in the docket and, except for those                     Specifically, the ANPRM is seeking
                                                                                                                                                               nicotine level in combusted cigarettes so
                                                submitted as ‘‘Confidential                             comments, data, research results, or
                                                                                                                                                               that they are minimally addictive or
                                                Submissions,’’ publicly viewable at                     other information about, among other
                                                                                                                                                               nonaddictive. The Agency is taking this
                                                https://www.regulations.gov or at the                   things, how flavors attract youth to
                                                                                                                                                               action in response to requests for an
                                                Dockets Management Staff between 9                      initiate tobacco product use and about
                                                                                                                                                               extension to allow interested persons
                                                a.m. and 4 p.m., Monday through                         whether and how certain flavors may
                                                                                                                                                               additional time to submit comments.
                                                Friday.                                                 help adult cigarette smokers reduce
                                                   • Confidential Submissions—To                        cigarette use and switch to potentially                DATES: FDA is extending the comment
                                                submit a comment with confidential                      less harmful products. FDA is seeking                  period on the ANPRM published on
                                                information that you do not wish to be                  this information to inform regulatory                  March 16, 2018 (83 FR 11818). Submit
                                                made publicly available, submit your                    actions FDA might take with respect to                 either electronic or written comments
                                                comments only as a written/paper                        tobacco products with flavors, under the               by July 16, 2018.
                                                submission. You should submit two                       Federal Food, Drug, and Cosmetic Act,                  ADDRESSES: You may submit comments
                                                copies total. One copy will include the                 as amended by the Family Smoking                       as follows. Please note that late,
                                                information you claim to be confidential                Prevention and Tobacco Control Act.                    untimely filed comments will not be
                                                with a heading or cover note that states                Potential regulatory actions include, but              considered. Electronic comments must
                                                ‘‘THIS DOCUMENT CONTAINS                                are not limited to, tobacco product                    be submitted on or before July 16, 2018.
amozie on DSK3GDR082PROD with PROPOSALS1




                                                CONFIDENTIAL INFORMATION.’’ The                         standards and restrictions on sale and                 The https://www.regulations.gov
                                                Agency will review this copy, including                 distribution of tobacco products with                  electronic filing system will accept
                                                the claimed confidential information, in                flavors.                                               comments until midnight Eastern Time
                                                its consideration of comments. The                         The Agency has received a number of                 at the end of July 16, 2018. Comments
                                                second copy, which will have the                        requests for a 90-day extension of the                 received by mail/hand delivery/courier
                                                claimed confidential information                        comment period for the ANPRM and                       (for written/paper submissions) will be
                                                redacted/blacked out, will be available                 one request for a 105-day extension.                   considered timely if they are
                                                for public viewing and posted on                        FDA has considered these requests and                  postmarked or the delivery service


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                                                26620                      Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Proposed Rules

                                                acceptance receipt is on or before that                 submission. You should submit two                      maximum nicotine level in combusted
                                                date.                                                   copies total. One copy will include the                cigarettes.
                                                                                                        information you claim to be confidential                 The Agency has received a number of
                                                Electronic Submissions
                                                                                                        with a heading or cover note that states               requests for a 90-day extension of the
                                                  Submit electronic comments in the                     ‘‘THIS DOCUMENT CONTAINS                               comment period for the ANPRM and
                                                following way:                                          CONFIDENTIAL INFORMATION.’’ The                        one request for a 120-day extension.
                                                  • Federal eRulemaking Portal:                         Agency will review this copy, including                FDA has considered the requests and is
                                                https://www.regulations.gov. Follow the                 the claimed confidential information, in               extending the comment period for the
                                                instructions for submitting comments.                   its consideration of comments. The                     ANPRM for an additional 30 days, until
                                                Comments submitted electronically,                      second copy, which will have the                       July 16, 2018. The Agency believes that
                                                including attachments, to https://                      claimed confidential information                       a 30-day extension allows adequate time
                                                www.regulations.gov will be posted to                   redacted/blacked out, will be available                for interested persons to submit
                                                the docket unchanged. Because your                      for public viewing and posted on                       comments without significantly
                                                comment will be made public, you are                    https://www.regulations.gov. Submit                    delaying any potential regulatory action
                                                solely responsible for ensuring that your               both copies to the Dockets Management                  on these important issues.
                                                comment does not include any                            Staff. If you do not wish your name and
                                                                                                                                                                 Dated: June 5, 2018.
                                                confidential information that you or a                  contact information to be made publicly
                                                third party may not wish to be posted,                                                                         Leslie Kux,
                                                                                                        available, you can provide this
                                                such as medical information, your or                    information on the cover sheet and not                 Associate Commissioner for Policy.
                                                anyone else’s Social Security number, or                in the body of your comments and you                   [FR Doc. 2018–12368 Filed 6–7–18; 8:45 am]
                                                confidential business information, such                 must identify this information as                      BILLING CODE 4164–01–P
                                                as a manufacturing process. Please note                 ‘‘confidential.’’ Any information marked
                                                that if you include your name, contact                  as ‘‘confidential’’ will not be disclosed
                                                information, or other information that                  except in accordance with 21 CFR 10.20                 DEPARTMENT OF THE INTERIOR
                                                identifies you in the body of your                      and other applicable disclosure law. For
                                                comments, that information will be                      more information about FDA’s posting                   National Indian Gaming Commission
                                                posted on https://www.regulations.gov.                  of comments to public dockets, see 80
                                                  • If you want to submit a comment                     FR 56469, September 18, 2015, or access                25 CFR Part 543
                                                with confidential information that you                  the information at: https://www.gpo.gov/               RIN 3141–AA60
                                                do not wish to be made available to the                 fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                public, submit the comment as a                         23389.pdf.                                             Minimum Internal Control Standards
                                                written/paper submission and in the                        Docket: For access to the docket to
                                                manner detailed (see ‘‘Written/Paper                    read background documents or the                       AGENCY: National Indian Gaming
                                                Submissions’’ and ‘‘Instructions’’).                    electronic and written/paper comments                  Commission, Department of the Interior.
                                                Written/Paper Submissions                               received, go to https://                               ACTION: Notice of proposed rulemaking.
                                                                                                        www.regulations.gov and insert the
                                                  Submit written/paper submissions as                   docket number, found in brackets in the                SUMMARY:    The National Indian Gaming
                                                follows:                                                heading of this document, into the                     Commission (NIGC) proposes to amend
                                                  • Mail/Hand delivery/Courier (for                     ‘‘Search’’ box and follow the prompts                  its minimum internal control standards
                                                written/paper submissions): Dockets                     and/or go to the Dockets Management                    for Class II gaming under the Indian
                                                Management Staff (HFA–305), Food and                    Staff, 5630 Fishers Lane, Rm. 1061,                    Gaming Regulatory Act to correct an
                                                Drug Administration, 5630 Fishers                       Rockville, MD 20852.                                   erroneous deletion of the key control
                                                Lane, Rm. 1061, Rockville, MD 20852.                                                                           standards and to make other minor edits
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                  • For written/paper comments                                                                                 and additions for clarity.
                                                                                                        Gerie Voss, Center for Tobacco
                                                submitted to the Dockets Management                                                                            DATES: Written comments on this
                                                                                                        Products, Food and Drug
                                                Staff, FDA will post your comment, as                                                                          proposed rule must be received on or
                                                                                                        Administration, Document Control
                                                well as any attachments, except for                                                                            before July 9, 2018.
                                                                                                        Center, 10903 New Hampshire Ave.,
                                                information submitted, marked and
                                                                                                        Bldg. 71, Rm. G335, Silver Spring, MD                  ADDRESSES: You may submit comments
                                                identified, as confidential, if submitted
                                                                                                        20993, 1–877–CTP–1373, AskCTP@                         by any one of the following methods,
                                                as detailed in ‘‘Instructions.’’
                                                  Instructions: All submissions received                fda.hhs.gov.                                           however, please note that comments
                                                must include the Docket No. FDA–                        SUPPLEMENTARY INFORMATION: In the                      sent by electronic mail are strongly
                                                2017–N–6189 for ‘‘Tobacco Product                       Federal Register of March 16, 2018,                    encouraged.
                                                Standard for Nicotine Level of                          FDA published an ANPRM with a 90-                         D Email comments to: 543_
                                                Combusted Cigarettes.’’ Received                        day comment period to obtain                           comments@nigc.gov.
                                                comments, those filed in a timely                       information for consideration in                          D Mail comments to: National Indian
                                                manner (see ADDRESSES), will be placed                  developing a tobacco product standard                  Gaming Commission, 1849 C Street NW,
                                                in the docket and, except for those                     to set a maximum nicotine level in                     MS 1621, Washington, DC 20240.
                                                submitted as ‘‘Confidential                             combusted cigarettes so that they are                     D Fax comments to: National Indian
                                                Submissions,’’ publicly viewable at                     minimally addictive or nonaddictive.                   Gaming Commission at 202–632–0045.
                                                https://www.regulations.gov or at the                   Comments on the scope of products to                   FOR FURTHER INFORMATION CONTACT:
amozie on DSK3GDR082PROD with PROPOSALS1




                                                Dockets Management Staff between 9                      be covered, maximum nicotine level for                 Jennifer Lawson at (202) 632–7003 or by
                                                a.m. and 4 p.m., Monday through                         a potential nicotine tobacco product                   fax (202) 632–7066 (these numbers are
                                                Friday.                                                 standard, implementation methods,                      not toll free).
                                                  • Confidential Submissions—To                         analytical testing methods, technical                  SUPPLEMENTARY INFORMATION:
                                                submit a comment with confidential                      achievability, possible countervailing
                                                information that you do not wish to be                  effects, and other topics will aid FDA in              I. Background
                                                made publicly available, submit your                    its consideration regarding development                  The Indian Gaming Regulatory Act
                                                comments only as a written/paper                        of a tobacco product standard to set a                 (IGRA or Act), Public Law 100–497, 25


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Document Created: 2018-06-08 01:22:07
Document Modified: 2018-06-08 01:22:07
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 on March 16, 2018 (83 FR 11818). Submit either electronic or written comments by July 16, 2018.
ContactGerie Voss, Center for Tobacco Products, Food and Drug Administration, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G335, Silver Spring, MD 20993, 1-877- CTP-1373, [email protected]
FR Citation83 FR 26619 
RIN Number0910-AH86

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