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B. New Business PERSON TO CONTACT FOR INFORMATION: described in the Federal Register notice • Auditors’ Report on FCA FY 2008/ Robert Biersack, Press Officer, published on June 23, 2008 (73 FR 2007 Financial Statements Telephone: (202) 694–1220. 35395). • Registration of Loan Originators Darlene Harris, DATES: First report of information due Under the Secure and Fair Deputy Secretary of the Commission. June 30, 2009, with subsequent Enforcement for Mortgage Licensing [FR Doc. E8–31465 Filed 1–6–09; 8:45 am] submissions due by March 31 of each Act of 2008 BILLING CODE 6715–01–M year. C. Reports FOR FURTHER INFORMATION, CONTACT: • OE Quarterly Report Matthew McKenna, M.D., Director, DEPARTMENT OF HEALTH AND Closed Session * Office on Smoking and Health, Centers HUMAN SERVICES for Disease Control and Prevention, • Update on OE Oversight Activities Telephone: (770) 488–5701. Centers for Disease Control and Dated: January 5, 2009. Prevention SUPPLEMENTARY INFORMATION: Since the Roland E. Smith, implementation of the Protocol in 1999, Secretary, Farm Credit Administration Board. Notice Regarding Revisions to the several smokeless tobacco product [FR Doc. E9–121 Filed 1–5–09; 4:15 pm] Laboratory Protocol To Measure the categories have entered the U.S. BILLING CODE 6705–01–P Quantity of Nicotine Contained in smokeless tobacco market including Smokeless Tobacco Products snus, low moisture snuff sold in portion Manufactured, Imported, or Packaged pouches, and smokeless tobacco sold in in the United States a compressed, pellet form. Some of the FEDERAL ELECTION COMMISSION new smokeless tobacco product AGENCY: Centers for Disease Control and categories differ physically from Sunshine Act Notices Prevention (CDC), Department of Health previous smokeless tobacco categories, and Human Services. prompting a revision to the Protocol to AGENCY: Federal Election Commission. ACTION: Notice and Summary of Public reflect the current state of the Comments. DATE AND TIME: Thursday, January 8, marketplace. 2009, at 10 a.m. SUMMARY: This notice amends the Through its review of the Protocol, uniform protocol for the analysis of CDC also determined that an increase in PLACE: 999 E Street, NW., Washington, volume of deionized, distilled water DC (Ninth Floor). nicotine, total moisture, and pH in smokeless tobacco products would facilitate measurements of pH STATUS: This meeting will be open to the (‘‘Protocol’’). The Protocol, originally values. After evaluating information that public. published in the Federal Register in was brought to the attention of CDC regarding low moisture smokeless ITEMS TO BE DISCUSSED: 1999 (64 FR 14086) and revised in the tobacco products packaged in portion Correction and Approval of Minutes. Federal Register on March 14, 2008 (73 FR 13903), implements the requirement pouches, CDC conducted an Management and Administrative of the Comprehensive Smokeless independent comparison of pH Matters. Tobacco Health Education Act measurements in a wide variety of low Individuals who plan to attend and (CSTHEA) of 1986 (15 U.S.C. 4401 et and high moisture smokeless tobacco require special assistance, such as sign seq., Pub. L. 99–252) that each person products. The results of the comparison language interpretation or other manufacturing, packaging, or importing indicated an acceptable (less than 2%) reasonable accommodations, should smokeless tobacco products shall level of change in pH values when contact Mary Dove, Commission annually provide the Secretary of Health measurements were taken with 20 mL Secretary, at (202) 694–1040, at least 72 and Human Services (HHS) with a deionized, distilled water compared to hours prior to the hearing date. specification of the quantity of nicotine the volume of deionized, distilled water DATE AND TIME: Friday, January 9, 2009, contained in each smokeless tobacco specified in the previous Protocol. at 10 a.m. product. CDC re-published the notice in Increasing the volume of water in the the Federal Register on June 23, 2008 mixture ensured that the matrix was PLACE: 999 E Street, NW., Washington, (73 FR 35395) concerning the revision of sufficiently fluid to facilitate ease of DC. the Protocol (1) To make a technical measure. Thus, it is anticipated that the STATUS: This meeting will be closed to change to correct the date when the first change in the volume of liquid for pH the public. report of information under the revised determination will facilitate the ease of measure of smokeless tobacco pH for all ITEMS TO BE DISCUSSED: Protocol is due and (2) to solicit public comments concerning a change in the currently marketed smokeless tobacco Compliance matters pursuant to 2 Protocol that increased the volume of categories (i.e., plug, twist, moist snuff, U.S.C. 437g. water in the pH determination from 10 dry snuff, snus, loose leaf, chew, moist Audits conducted pursuant to 2 mL to 20 mL, and (3) to solicit public snuff in portion pouches, smokeless U.S.C. 437g, § 438(b), and Title 26, comments concerning the addition of tobacco compressed into a pellet, and U.S.C. the following commercial smokeless dry snuff in portion pouches). Matters concerning participation in tobacco product categories: dry snuff Summary of Public Comments and civil actions or proceedings or portion packs, snus, snus portion packs, CDC’s Response: On June 23, 2008, a arbitration. and pellet or compressed. This Notice notice (73 FR 35395) was published Internal personnel rules and also includes a summary of public reflecting the above discussed revisions procedures or matters affecting a comments and CDC’s response to them. to the Protocol and to solicit public particular employee. The Protocol as published in the comment on these specific changes. Six Federal Register on March 14, 2008 (73 comments were received by the CDC, a * Session Closed—Exempt pursuant to 5 U.S.C. FR 13903), remains in effect with the majority of which suggested alternative 552b(c)(8) and (9). technical correction to the date as approaches. A summary of the

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comments received and CDC’s response that they are developing new or ‘innovative’ current method of categorization is more follows. smokeless tobacco products, an approach appropriate for several reasons. First, One commenter expressed a concern that creates a new ‘category’ and sample the current method has been in place for the Federal funding and overall preparation instruction every time a since 1999, with no noted difficulties smokeless tobacco product is introduced direction of the ‘‘smokeless tobacco with a different name or description will associated with this product program.’’ result in a proliferation of smokeless tobacco categorization. Second, CDC noted that The issues raised in this comment product ‘categories’ and a need to constantly other Federal agencies, such as the were beyond the scope of the Protocol revise the Protocol to add new sample Federal Trade Commission (FTC) and and solicitation of public comment. preparation instructions. Such revisions United States Department of Agriculture One commenter, on behalf of several would trigger a notice and comment process (USDA), receive and review information smokeless tobacco manufacturers, under the Administrative Procedure Act.’’ on smokeless tobacco, not on the basis agreed with the proposed revision of CDC made the determination to of physical size characteristics, but on Section IV(B) (see below for Protocol) of include the four newly listed categories these commonly accepted types of the Protocol to increase the volume of after having reviewed the number and categories. Examples can be found in deionized, distilled water to be used in types of smokeless tobacco products the FTC’s ‘‘Federal Trade Commission pH measurements from 10mL to 20mL. that had entered the market since 1999. Smokeless Tobacco Report for the Years One commenter, on behalf of several In this review, CDC concluded that 2002–2005,’’ available online at http:// smokeless tobacco manufacturers, several new products would benefit www.ftc.gov/reports/tobacco/02- suggested that ‘‘some flexibility be from a separate categorization to not 05smokeless0623105.pdf, or in the incorporated into Section IV(B) of the only better aid manufacturers in USDA Economic Research Service’s Protocol by providing that, as long as a distinguishing their products in this ‘‘Tobacco Situation and Outlook minimum of 20 mL of liquid and 2 protocol, but also reflect the variety of Yearbook’’, available online at http:// grams of sample are utilized, then larger products being sold to and recognized usda.mannlib.cornell.edu/usda/ers/ amounts of liquid and sample may be by consumers. This review also TBS-yearbook//2000s/2007/TBS- utilized provided they are in a 10 to 1 determined that in the years since the yearbook-01-12-2007.pdf/. ratio.’’ implementation of the Protocol in 1999, Furthermore, CDC viewed the existing CDC appreciated the suggestion that the quantities of new products categorization of products by traditional there be flexibility in adjusting the introduced to market requiring separate ‘‘consumer-oriented’’ descriptions as quantity of liquid and sample so long as categorization had been fairly limited; useful in easily identifying issues that the ratio of liquid to sample is 10 to 1. thus, CDC did not believe that constant concern the general consumer and the In evaluating this suggestion, CDC revisions to the Protocol would be overall public’s health. In contrast, determined that adopting such a change necessary. However, CDC will continue adopting a method of categorization would deviate from principles of good to monitor the introduction of new based solely on physical product scientific practice as it does not promote smokeless tobacco products and provide characteristics would not be beneficial protocol consistency, contrary to the assistance to reporting entities on the towards that goal. Finally, during its review of this aims of a uniform analytical protocol. application of the Protocol as needed. According to the Cooperative Centre for One commenter, on behalf of several alternate approach, CDC noted that Scientific Research Relative to Tobacco smokeless tobacco manufacturers, there are only three existing methods to (CORESTA), a central organization suggested an alternative approach that prepare smokeless tobacco products for responsible for promoting tobacco- would ‘‘eliminate, or at the least analysis in this protocol, despite the related cooperative research, ‘‘[t]he minimize, the need for new ‘categories’ varied physical characteristics of development of standard methods is and sample preparation instructions.’’ currently marketed smokeless tobacco critically important in ensuring This alternative proposal suggested products. One commenter, on behalf of several consistency and comparability of data that: reported by the association members smokeless tobacco manufacturers, ‘‘The alternative approach would be to suggested that ‘‘the reporting provision and as part of regulatory reporting of define the smokeless tobacco product data.’’ [Further details on CORESTA’s of the FRN be amended to provide the categories based on physical characteristics following: (i) The revised Protocol shall viewpoint and its objectives are relevant to sample preparation (essentially available online at http:// tobacco particle size and whether tobacco take effect January 1, 2009, and (ii) the www.coresta.org/Home_Page/ particles are in a pouch), rather than on a first report of information pursuant to PresentationCORESTA(Oct08).pdf.] As manufacturer’s package label statement or the revised Protocol is due March 31, the fundamental purpose of the Protocol description * * * ’’ 2010, with subsequent submissions due is to implement a multi-site testing Three product categories were thus by March 31 of each year. This protocol, CDC concluded that the proposed. amendment would afford smokeless development of a uniform analytical If any products did not fall into the tobacco manufacturers a reasonable protocol is paramount to ensuring three categories, the proposal suggested amount of time to prepare for the sound scientific efforts. that: implementation of the revised Protocol, One commenter, on behalf of several and would continue the current practice ‘‘* * * in the event that a smokeless of manufacturers submitting a full year smokeless tobacco manufacturers, raised tobacco manufacturer or importer believes the following point regarding the that a newly marketed smokeless tobacco of data based on a consistent categorization of smokeless tobacco product does not fit within any of the above methodology.’’ products in Section I(F) of the Protocol: categories, then samples should be prepared For the purposes of this comment, in a manner compatible with the above CDC took into consideration a Federal ‘‘* * * many of these separate product sample preparation instructions and the Register Notice published in March ‘categories’ are essentially identical manufacturer or importer should describe the smokeless tobacco products for the purposes 2008 (73 FR 13903), which served as sample preparation procedures used when public notice about the changes in the of sample preparation (e.g., Moist snuff and making its submissions to CDC.’’ snus; Moist snuff portion packs and snus Protocol. CDC regarded this duration of portion packs) * * * since a number of After an evaluation of this alternative notice as sufficient for the first report of smokeless tobacco manufacturers have stated approach, CDC concluded that the information to be due June 30, 2009,

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with subsequent submissions due by 5. Column conditions: 110–185°C at pH analysis. The tobacco packaging March 31 of each year, as laid out in the 10°C min¥1; 185–240°C at 6°C min¥1, material (the ‘‘pouch’’) should be June 23, 2008 Federal Register (73 FR hold at final temperature for 10 min. separated from the tobacco and ground 35395). to obtain particles measuring F. Sample Preparation 11 approximately 4 mm for pH analysis. Collection of Information There are ten different categories of The tobacco of the moist (wet) snuff This proposed amendment does not commercial smokeless tobacco portion pack and the ground pouch are call for any new collection of products: combined and thoroughly mixed before information under the Paperwork 1. Dry snuff; pH analysis. 2. Moist (wet) snuff; Reduction Act of 1995 (44 U.S.C. 3501– 4. Plug tobacco: Break or cut apart 3520). 3. Moist (wet) snuff portion packs; 4. Plug; plugs and add in portions to grinder at Dated: December 29, 2008. 5. Twist; 2000 RPM. Reduce RPM or stop James D. Seligman, 6. Loose leaf; grinding if sample bowl becomes warm. Chief Information Officer, Centers for Disease 7. Dry snuff portion packs; Pulse the Robot Coupe, when needed, to Control and Prevention. 8. Snus; complete grinding. Grind samples until 9. Snus portion packs; and approximately 4 mm in size. The total Revised Protocol for Analysis of 10. Pellet or Compressed. grinding time should be no more than Nicotine, Total Moisture, and pH in 3 minutes. Smokeless Tobacco Products Because of their physical characteristics, some of the ten product 5. Twist tobacco: Separate twists, add I. Requirements 12 categories must be ground (whole or in to grinder and grind at 2000 RPM. A. Reagents 3 part) before nicotine, total moisture, and Reduce RPM or stop grinding if sample pH analyses can be conducted. The bowl becomes warm. Continue grinding 1. Sodium hydroxide (NaOH), 2N objective of grinding the samples is to until sample particles are approximately 2. Methyl t-butyl ether (MTBE) ¥ obtain a homogeneous sample with 4 mm in size. The total time for grinding 3. ( )-Nicotine (Fluka 72290) >99% particles measuring approximately 4 should be no more than 3 minutes. purity 45 mm. Grinding to achieve this particle 6. Loose leaf: Grind in the same 4. Quinoline (Aldrich) size should take no more than 3 5. Standard pH buffers; 4.01, 7.00, and manner as described in 4 and 5 to obtain minutes. To ensure proper grinding and 10.00 product with particle size of an adequate amount of the ground 6. Deionized distilled water approximately 4 mm. sample for analysis, the minimum 7. Dry snuff portion packs: The B. Glassware and Supplies sample size of all commercial products tobacco contents of the dry snuff portion 1. Volumetric flasks, class A to be ground should not be less than 100 packs do not need to be ground for 2. Culture tubes, 25 mm x 200 mm, with grams. nicotine, total moisture, or pH analysis. Teflon-lined screw caps To ensure precision of analyses for The tobacco packaging material (the 3. Pasteur pipettes nicotine, total moisture, and pH, the ‘‘pouch’’) should be separated from the 4. Repipettors (10 mL and 50 mL) samples that require grinding should be tobacco and ground to obtain particles 5. Linear shaker (configured to hold ground using a Robot Coupe Model RSI measuring approximately 4 mm for pH tubes in horizontal position) 67 2V Scientific Batch Processor or its analysis. The tobacco of the dry snuff 6. Weighing dishes, aluminum equivalent. This is a variable speed (0 to portion pack and the ground pouch are 7. Teflon-coated magnetic stirring bars 3000 RPM) processor. The variable combined and thoroughly mixed before 8. Polypropylene containers, 50 mL speed motor is required to ensure pH analysis. proper grinding of the tobacco tissues 8. Snus: Snus samples do not need to C. Instrumentation (and in the case of pH determination, be ground since the product is a the portion pack). Elevated temperatures 1. Robot Coupe Model RSI 2V Scientific powder. The sample must be thoroughly can result in moisture loss and an Batch Processor mixed before weighing for nicotine, underestimated value for moisture 2. Capillary gas chromatograph, Hewlett total moisture, and pH analysis. Packard, Model 6890, with split/ content. Hence, care must be taken 9. Snus portion packs: The tobacco splitless injector capability, flame during grinding to avoid elevated contents of the snus portion packs do ionization detector, and a capillary temperatures. The bowl should be not need to be ground for nicotine, total column (Hewlett Packard HP–5, cleaned after each grinding to obtain moisture, or pH analysis. The tobacco Crosslinked 5% PH ME Siloxane, 30 accurate results. Freeze- or cryo- packaging material (the ‘‘pouch’’) m length x 0.32 mm ID, film thickness grinding is also an acceptable grinding should be separated from the tobacco 0.25 or 0.52 μm) method. and ground to obtain particles 3. Orion Model EA 940 pH meter 1. Dry snuff: Dry snuff samples do not measuring approximately 4 mm for pH equipped with Orion 8103 Ross need to be ground since the product is analysis. The tobacco of the snus combination pH electrode a powder. The sample must be thoroughly mixed before weighing for portion pack and the ground pouch are D. Additional Equipment nicotine, total moisture, and pH combined and thoroughly mixed before Forced-air oven, Fisher Isotemp®, analysis. pH analysis. regulated to 99 ± 1.0°C. Suggested 2. Moist (wet) snuff: Moist (wet) snuff 10. Pellet or compressed: Break apart dimensions: 18 x 18 x 20inches. samples do not need to be ground. The compressed tobacco pellets and add in sample must be thoroughly mixed portions to grinder at 2000 RPM. Reduce 89 E. Chromatographic Conditions before weighing for nicotine, total RPM or stop grinding if sample bowl 1. Detector temperature: 250°C moisture, and pH analysis. becomes warm. Pulse the Robot Coupe, 2. Injector temperature: 250°C 3. Moist (wet) snuff portion packs: when needed, to complete grinding. 3. Flow rate at 100°C—1.7 mL/min; with The tobacco contents of the moist (wet) Grind samples until approximately 4 split ratio of 40:1 10 snuff portion packs do not need to be mm in size. The total grinding time 4. Injection volume: 2 μl ground for nicotine, total moisture, or should be no more than 3 minutes.

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II. Nicotine Analysis 12 inject. Calculate the concentration of 8. Transfer aliquots of the five nicotine using the equation of the line standards and the blank from the A. Calibration Standards in II.A.2.d above. This should be extraction tubes to sample vials and 1. Internal Standard (IS) repeated two more times to obtain an determine the detector response for each Weigh 10.00 grams of quinoline, average of the three values. The using gas chromatographic conditions transfer to a 250 mL volumetric flask recovery of nicotine can be obtained by described in I.E. and dilute to volume with MTBE. This using the following equation: 9. Subtract the Areanicotine/AreaIS of solution will be used for calibration of the blank from the Areanicotine/AreaIS of Equation 2: the instrument for the nicotine each of the standards. 10. Calculate least squares line for calibration curve (II.A.2), for the = Recovery Ni cot ine calculated /Nicot ineactual linear equation from the corrected standards addition assay (II.B), and for standards as described above (Equation preparation of the extracting solution B. Standards Addition Assay 1) in II.A.2.d. The final corrected result (II.D). Prior to analyzing a smokeless tobacco will be reported in the following units: 2. Nicotine Calibration Curve product for nicotine content, the testing Concentration of nicotine = mg of a. Weigh 1.0000 gram of nicotine into facility must validate the system to nicotine/gram of tobacco sample. 11. Determine the recovery of nicotine a clean, dry 100 mL volumetric flask verify that matrix bias is not occurring by pipetting 10 mL of the 0.4 mg/mL and dilute to volume with MTBE. This during nicotine extraction. This is done nicotine standard to a screw capped gives a nicotine concentration of 10 mg/ by analyzing the nicotine calibration tube containing 1.0 mL of 2 N NaOH mL for the stock solution. standards in the same vegetable matrix b. Accurately pipette 0.5 mL of IS as the smokeless tobacco. The first time and 10 mL of extraction solution from stock solution (II.A.1) to five clean, each smokeless tobacco product is (II.D.1). Cap the tube and tighten. Shake dry 50 mL volumetric flasks. To prepare tested and whenever a change is made the contents vigorously and allow the a nicotine standard corresponding to a to the product formulation (including a phases to separate. Transfer an aliquot concentration of 0.8 mg/mL, pipette change to the tobacco blend or cultivar), of the organic phase to an injection vial exactly 4.0 mL of the nicotine standard the Standards Addition Assay will be and inject. Calculate the concentration (II.A.2.a) to a 50 mL volumetric flask performed, and documentation of its of nicotine using the equation of the line containing the internal standard and performance and of the nicotine above in II.A.2.d. This should be dilute to volume with MTBE. To obtain concentrations selected for the standard repeated two more times to obtain an nicotine concentrations equivalent to curve (II.B.2) will be submitted to the average of the three values. The 0.6, 0.4, 0.2, and 0.1 mg/mL, pipette Centers for Disease Control and recovery of nicotine can be obtained by precisely 3.0, 2.0, 1.0, and 0.5 mL, Prevention. using Equation 2: Recovery = respectively, of the nicotine standard 1. Using an analytical balance, Nicotinecalculated/Nicotineactual. 12. Compare the results of steps II.A.2 into the four remaining flasks and dilute accurately weigh 1.000 ± 0.020 gram of and II.B. If they differ by a factor of 10% to volume with MTBE. the homogeneous, prepared tobacco or more, the recovery of nicotine from c. Transfer aliquots of the five sample into a culture tube. Repeat this the aqueous matrix is not equivalent to standards to auto sampler vials and five times for a total of 6 culture tubes recovery from the vegetable matrix of determine the detector response for each containing the smokeless tobacco the smokeless tobacco product. In this standard using gas chromatographic product. Record the weight of each instance, the nicotine concentration of conditions described in I.E. sample. the smokeless tobacco product must be d. Calculate least squares line for 2. Prepare a five-point standard curve determined from a nicotine calibration linear equation from these standards by for the Standards Addition Assay. The curve prepared from nicotine standards obtaining the ratio of Areanicotine/ AreaIS. standard curve must consist of nicotine in a vegetable-based matrix. This ratio will be the Y value and the concentrations that encompass the range concentration of nicotine will be the X of values expected from adding known C. Quality Control Pools value for determining the linear concentrations of the nicotine standard At least two quality control pools at equation of the line (Equation 1): (II.A.2.a) to a measured quantity of the ± the high and low ends of the expected smokeless tobacco product (1.000 nicotine values are recommended to be Equation 1: 0.020 gram, described in II.B.1). The included in each analytical run. The sixth culture tube is not supplemented pools should be analyzed in duplicate Ya=+bX ; with nicotine and serves as an analytical in every run. The quality control pools Where: blank. Allow the samples to equilibrate should be available in sufficient X = Concentration of nicotine in mg for 10 minutes. quantity to last for all analyses of a Y = Areanicotine/ AreaIS 3. Pipette 5 mL of 2 N NaOH into each product. a = intercept on the ordinate (y axis) tube. Cap each tube. Swirl to wet b = slope of the curve sample and allow to stand 15 minutes.13 D. Sample Extraction Procedure 12 The final result will be reported in the 4. Pipette 50 mL of extraction solution 1. Extraction solution is prepared by following units: (II.D.1) into each tube. Cap each tube pipetting 10 mL of the IS from the stock Concentration of nicotine = mg of and tighten.14 solution (II.A.1) to a 1000 mL nicotine/gram of tobacco sample. 5. Place tubes in rack(s), place racks volumetric flask and diluting to volume e. Determine the recovery of nicotine in linear shaker in horizontal position with MTBE. by pipetting 10 mL of the 0.4 mg/mL and shake for two hours. 2. Using an analytical balance, nicotine standard to a screw capped 6. Remove rack(s) from shaker and accurately weigh 1.000 ± 0.020 gram of tube containing 1.0 mL of 2 N NaOH. place in vertical position to allow the prepared tobacco sample into culture Cap the tube. Shake the contents phases to separate. tube and record weight.15 Sample each vigorously and allow the phases to 7. Allow the solvent and nicotine smokeless tobacco brand name separate. Transfer an aliquot of the supplemented samples and the blank to according to the provided testing organic phase to an injection vial and separate (maximum 2 hours). frequency schedule.19 The number of

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products sampled should reflect an III. Total Moisture Determination product that is sold to the public and 16 acceptable level of precision. The test A. This procedure is a modification of therefore should consist of sealed, material is to be representative of the AOAC Method 966.02 (1990) and is packaged samples of finished product product that is sold to the public and referred to as ‘‘Total Moisture that is ready for commercial therefore should consist of sealed, Determination’’ because it determines distribution. Samples are to be analyzed packaged samples of finished product water and tobacco constituents that are in duplicate. that is ready for commercial volatile at temperatures of 99 ± 1.0°C. B. Accurately weigh 2.00 grams of the distribution. Samples are to be analyzed B. Accurately weigh 5.00 grams of the sample. Place in a 50 mL polypropylene in duplicate. sample (ground to pass ≤ 4 mm container with 20 mL deionized 3. Pipette 5 mL of 2 N NaOH into the screen) 20 into a weighed moisture dish distilled water. tube. Cap the tube. Swirl to wet sample and place uncovered dish in oven.21 C. Place Teflon-coated magnetic and allow to stand 15 minutes.13 Sample each smokeless tobacco brand stirring bar in container and stir mixture 4. Pipette 50 mL of extraction solution name according to the provided testing continuously throughout testing. into tube, cap tube and tighten.14 frequency schedule.19 The number of D. Measure pH of sample after a two- 5. Place tubes in rack(s), place racks products sampled should reflect an point calibration of the pH meter to an in linear shaker in horizontal position acceptable level of precision.16 The test accuracy of two decimal places using and shake for two hours. material is to be representative of the standard pH buffers (4.01 and 7.00 or 6. Remove rack(s) from shaker and product that is sold to the public and 7.00 and 10.00) that will encompass the place in vertical position to allow the therefore should consist of sealed, expected pH value of the smokeless phases to separate. packaged samples of finished product tobacco product. 7. Allow the solvent and sample to that is ready for commercial E. The first time pH values are separate (maximum 2 hours). Transfer distribution. Samples are to be analyzed determined for a smokeless tobacco an aliquot from the extraction tube to a in duplicate. product, measure the pH of the C. Do not exceed 1 sample/10 sq in sample vial and cap. smokeless tobacco product at 5, 15, and (650 sq cm) shelf space, and use only 1 8. Analyze the extract using GC 30 minutes. If there is no systematic shelf. Dry 3 hr at 99 ± 1.0°C. Remove conditions as described above (I.E) and variation in pH values with time, all from oven, cover, and cool in desiccator calculate the concentration of nicotine subsequent pH determinations are made to room temperature (about 30 min). using the linear calibration equation. at 5 minutes. If there is systematic Correct percent nicotine values for both Reweigh and calculate percent moisture. D. Report the final moisture variation in pH values, continue to recovery and weight of sample by using measure the pH of the smokeless Equation 3.17 determination as a percentage (%), to an accuracy level of one decimal place for tobacco product until the pH value is stable and does not vary more than 10% Equation 3:18 each brand name (e.g., Skoal Bandits Wintergreen, Skoal Long Cut Cherry, over 15 minutes. Report the final pH Skoal Long Cut Wintergreen, etc.). All value. (Area /Area ) − a data should include the mean value F. Report the final pH determination Nicot ine (mg/g) = nicotine IS to an accuracy level of two decimal bSamp× le Wt × Recovery with a 95% confidence interval, the range of values, the number of samples places for each brand name (e.g., Skoal 9. Report the final nicotine tested, the number of lots per brand Bandits Wintergreen, Skoal Long Cut determination as mg of nicotine per name, and the estimated precision of the Cherry, Skoal Long Cut Wintergreen, gram of the tobacco product (mg mean. Information will be reported for etc.). All data should include the mean nicotine/gram), to an accuracy level of each manufacturer and variety value with a 95% confidence interval, two decimal places for each brand name (including brand families and brand the range of values, the number of (e.g., Skoal Bandits Wintergreen, Skoal variations) and brand name (e.g., Skoal samples tested, the number of lots per Long Cut Cherry, Skoal Long Cut Bandits Wintergreen, Skoal Long Cut brand name, and the estimated Wintergreen, etc.). All data should Cherry, Skoal Long Cut Wintergreen, precision of the mean. Information will include the mean value with a 95% etc.). be reported for each manufacturer and confidence interval, the range of values, variety (including brand families and 12 22 the number of samples tested, the IV. pH Measurement brand variations) and brand name (e.g., number of lots per brand name, and the A. Test samples as soon as possible Skoal Bandits Wintergreen, Skoal Long estimated precision of the mean. after they are received. Sample each Cut Cherry, Skoal Long Cut Information will be reported for each smokeless tobacco brand name Wintergreen, etc.). manufacturer and variety (including according to the provided testing G. Estimate the un-ionized (free) brand families and brand variations) frequency schedule.19 The number of nicotine content with the Henderson- and brand name (e.g., Skoal Bandits products sampled should reflect an Hassel Balch equation (Equation 4), Wintergreen, Skoal Long Cut Cherry, acceptable level of precision.16 The test based on measured pH and nicotine Skoal Long Cut Wintergreen, etc.). material is to be representative of the content.

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Equation 4:

= + []B pH pKa log + ⎡⎣BH ⎦⎤

BH+ + � BH+ []B + ⎣⎡BH ⎦⎤ % un-ionized (free) nicotine = ×100 []B + + 1 ⎡⎣BH ⎦⎤

pKa = 8.02 (CRC Handboook of Chemistry and Physics, 1989-1990) [B] = amount of un--ionized (free) nicotine [BH+ ] = amount of ionized nicotine

H. Report the final estimated un- each brand name (e.g., Skoal Bandits mean. Information will be reported for ionized (free) nicotine as a percentage Wintergreen, Skoal Long Cut Cherry, each manufacturer and variety (%) of the total nicotine content, to an Skoal Long Cut Wintergreen, etc.). All (including brand families and brand accuracy level of two decimal places data should include the mean value variations) and brand name (e.g., Skoal and as mg of un-ionized (free) nicotine with a 95% confidence interval, the Bandits Wintergreen, Skoal Long Cut per gram of the tobacco product (mg un- range of values, the number of samples Cherry, Skoal Long Cut Wintergreen, ionized (free) nicotine/gram), to an tested, the number of lots per brand etc.). accuracy level of two decimal places for name, and the estimated precision of the Sample calculation:

Mean total nicotine = 10.30 (mg/g) Mean pH = 7.50 pKa = 8.02

[]B pH = pKaal+ og + ⎣⎡BH ⎦⎤

[un-ionized (free) nicotine] 75. 0= 8 02. + log [iionized nicotine]

[un-ionized (free) nicotine] −05. 2= log [ionnized nicotine] [un-ionized (free) nicotine] 0 302. = [ionized nicotine] []B + ⎡⎣BH ⎦⎤ % un-ionized (free) nicotine = ×100 []B + + 1 ⎡⎣BH ⎦⎤⎤

0.302 % un-ionized (free) nicotine = ×100 0.302+1

% unn-ionized (free) nicotine = 23.20

% un-ionized (free) nicotine Total free nicotine (mg/g) = total nicotine × 100 23.20 Total frree nicotine (mg/g) = 10.30 × 100 Total free nicotine (mmg/g) = 2.39

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V. Assay Criteria for Quality Assurance 4. When the mean nicotine will require approximately four concentrations in two QC pools are injections. Recondition column when A. Establishing Limits for Quality different by more than a total of 4 SD, instrument has been used infrequently Control Parameters then the run must be rejected. This and after replacing glass liner. All quality control parameters must condition may occur, for example, when 9 Glass liner and septum should be be determined within the laboratory in one QC pool is 2 SD greater than the replaced after every 100 injections. which they are to be used. At least 10 mean, and another is 2 SD less than the 10 Most older instruments operate at within-laboratory runs must be mean. constant pressure. To reduce confusion, performed to establish temporary it is suggested that the carrier gas flow confidence intervals for the quality Endnotes through the column be measured at the control parameters. Permanent limits The comments and notes listed below initial column temperature. should be established after 20 runs and can be described as Good Laboratory 11 The testing facility must ensure that should be reestablished after each Practice guidelines; they are described samples are obtained through the use of additional 20 runs. in detail in this protocol to ensure a survey design protocol for sampling minimal interlaboratory variability in B. Exclusion of Outliers from the ‘‘at one point in time’’ at the factory or the determination of nicotine, total warehouse. The survey design protocol Calibration Curve 18 moisture, and pH in smokeless tobacco. must address short-, medium-, and long- The coefficient of determination 1 This protocol assumes that the term smokeless tobacco product between Areanicotine/AreaIS and nicotine testing facility will implement and variability (e.g., variability over time concentration should be equal to 0.99 or maintain a stringent Quality Assurance/ and from container to container of the higher. Any calibration standard having Quality Control program to include, but tobacco product) in a manner equivalent an estimated concentration computed not be limited to, regular interlaboratory to that described for cigarette sampling from the regression equation (Equation comparisons, determination of the in Annex C of ISO Protocol 8243. 1) which is different from its actual quality and purity of purchased Information accompanying results for concentration by a factor of 10% can be products, and proper storage and each sample should include, but not be excluded from the calibration curve. Up handling of all reagents and samples. limited to: to two concentrations may be excluded, 2 When a specific product or For each product—manufacturer and but caution should be used in instrument is listed, it is the product or variety (including brand families and eliminating values, since bias may be instrument that was used in the brand variations) and brand name (e.g., increased in the calibration curve. If an development of this method. Equivalent Skoal Bandits, Skoal Long Cut Cherry, outlier value is eliminated, its duplicate products or instruments may also be Skoal Long Cut Wintergreen, etc.): value must also be discarded to avoid used. Use of trade names is for 1. Product ‘‘category,’’ e.g., loose leaf, producing a new bias. All unknowns identification only and does not plug, twist, dry snuff, moist (wet) snuff, must fall within the calibration curve; constitute endorsement by the Public etc. therefore, duplicate values excluded at Health Service or the U.S. Department 2. Lot number. either end of the calibration curve will of Health and Human Services. 3. Lot size. restrict the useful range of the assay. 3 All chemicals, solvents, and gases 4. Number of randomly sampled, are to be of the highest purity. sealed, packaged (so as to be C. Quality Control Pools and Run 4 Companies must ensure that the representative of the product that is sold Rejection Rules purity of the nicotine base is certified by to the public) smokeless tobacco The mean estimated nicotine the vendor and that the chemical is products selected (sampling fraction) for concentration in a pool should be properly stored. However, nicotine base nicotine, moisture, and pH compared with the established limits for oxidizes with storage, as reflected by the determination. that pool based on at least 20 liquid turning brown. If oxidation has 5. Documentation of method used for consecutive runs. An analytical run occurred, the nicotine base should be random sample selection. should be accepted or rejected based distilled prior to use in making a 6. ‘’’Age’’ of product when received upon the following set of rules adapted standard solution. by testing facility and storage conditions from Westgard et al. (1981). 5 A suggested method for the prior to analysis. 1. When the mean of one QC pool determination of nicotine purity is 12 Extraction of nicotine and pH exceeds the limit of x ± 3 standard CORESTA Recommended Method No. determination must be performed with deviations (SD), then the run is rejected 39. reagents and samples at a room as out of control. Here, x and SD 6 Horizontal shaking will allow more temperature of 22–25°C. Room represent the overall mean and standard intimate contact of this three phase temperature should not vary more than deviation of all estimated nicotine extraction. There is a minimal dead 1°C during extraction of nicotine or pH concentrations for a particular pool in volume in the tube due to the large determination. the runs which were used to establish sample size and extraction volume. This 13 Use non-glass 10 mL repipette for the control limits. necessitates horizontal shaking. transferring NaOH solution. 2. When the mean nicotine 7 If a linear shaker is not available, a 14 Use 50 mL repipette for transferring concentrations in two QC pools in the wrist action shaker using 250 mL MTBE. same run exceed the same direction, stoppered Erlenmeyer flasks can be 15 For dry snuff, use 0.500 ± 0.010 then the run must be rejected. The same substituted. Values for nicotine are gram sample. direction is the condition in which both equivalent to those obtained from the 16 The testing facility is referred to pools exceed either the x + 2 SD or the linear shaker. ISO Procedure 8243 for a discussion of x -2 SD limits. 8 After installing a new column, sample size and the effect of variability 3. When the mean nicotine condition the column by injecting a on the precision of the mean of the concentrations in one or two QC pools tobacco sample extract on the column, sample (ISO 8243, 1991). exceed their x ± 2 SD limits in the same using the described column conditions. 17 When analyzing new smokeless direction in two consecutive runs, then Injections should be repeated until areas tobacco products, extract product both runs must be rejected. of IS and nicotine are reproducible. This without IS to determine if any

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components co-elute with the IS or mean of the 4 data points for that smokeless International Organization for impurities in the IS. This interference tobacco brand name are reported. Standardization, Case Postale 56, CH– could artificially lower calculated Example 2: Within a single calendar year 1211 Genve 20, Switzerland. values for nicotine. a smokeless tobacco brand name is Westgard J.O., Barry P., Hunt M., and manufactured from April 5 to May 3 and 18 Groth T. (1981). A multi-rule Shewhart The calculated nicotine values for from September 1 to December 15. The all samples must fall within the low and testing frequency for the first manufacturing chart for quality control in clinical high nicotine values used for the interval is 2 and for the second chemistry. Clinical Chemistry 27:493. calibration curve. If not, prepare a fresh manufacturing interval is 3. The values for [FR Doc. E9–19 Filed 1–6–09; 8:45 am] nicotine standard solution and an nicotine, moisture, and pH determinations, BILLING CODE 4163–18–P appropriate series of standard nicotine and unionized (free) nicotine calculations dilutions. Determine the detector and the mean of the 4 data points for that response for each standard using smokeless tobacco brand name are reported. DEPARTMENT OF HEALTH AND Example 3: Within a single calendar year HUMAN SERVICES chromatographic conditions described a smokeless tobacco brand name is in I.E. manufactured from January 1 to January 15 National Institutes of Health 19 The testing frequency for each and from September 1 to September 22. The smokeless tobacco brand name (e.g., testing frequency for the first manufacturing Center for Scientific Review; Notice of Skoal Bandits Wintergreen, Skoal Long interval is 2 and for the second Closed Meetings Cut Cherry, Skoal Long Cut manufacturing interval is 2. Four random Wintergreen, etc.) is based on the sampling dates are selected to fall within the Pursuant to section 10(d) of the 6 weeks of manufacturing for the smokeless Federal Advisory Committee Act, as manufacturing duration (refer to table tobacco brand name. The values for nicotine, below). Each smokeless tobacco brand amended (5 U.S.C. Appendix 2), notice moisture, and pH determinations, and is hereby given of the following name will be sampled and tested for unionized (free) nicotine calculations and the nicotine, total moisture, and pH no meetings. mean of the 4 data points for that smokeless The meetings will be closed to the fewer than twice and no more than four tobacco brand name are reported. public in accordance with the times during a calendar year. 20 The method is a modification of provisions set forth in sections AOAC Method 966.02 (1990) in that the Manufacturing duration in Test 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., weeks frequency* ground tobacco passes through a 4 mm as amended. The grant applications and screen rather than a 1 mm screen. the discussions could disclose up to and including 4 ...... 2 21 When drying samples, do not dry confidential trade secrets or commercial up to and including 28 ...... 3 different products (e.g., moist (wet) property such as patentable material, up to and including 52 ...... 4 snuff, dry snuff, loose leaf) in the oven and personal information concerning *Use a statistical program to determine ran­ at the same time since this will produce individuals associated with the grant dom sampling dates based on the total manu­ errors in the moisture determinations. applications, the disclosure of which facturing duration during a calendar year. 22 The method is a modification of a would constitute a clearly unwarranted Sampling dates should fall on actual manufac­ method published by Henningfield et al. invasion of personal privacy. turing days for the product when test material (1995). that is representative of the product that is Name of Committee: Center for Scientific sold to the public (consisting of sealed, pack­ References Review, Special Emphasis Panel, Member aged samples) is available. If a statistically de­ Conflict: Auditory Neuroscience. termined sampling date falls on a day that AOAC (Association of Official Date: January 22–23, 2009. does not meet this criterion, sample the prod­ Analytical Chemists). Official Methods Time: 6 a.m. to 5 p.m. uct on the next date that does meet the criteria. of Analysis. 966.02: Moisture in Agenda: To review and evaluate grant Tobacco. (1990) Fifth Edition. K. applications. For smokeless tobacco brand names Helrich (ed). Association of Official Place: National Institutes of Health, 6701 with episodic production during a Analytical Chemists, Inc., Suite 400, Rockledge Drive, Bethesda, MD 20892. calendar year, the total number of (Virtual Meeting) 2200 Wilson Boulevard, Arlington, Contact Person: John Bishop, PhD, sampling dates is determined by the Virginia 22201 USA. Scientific Review Officer, Center for sum of the individual test frequencies, CORESTA (Centre de Coope´ration Scientific Review, National Institutes of not to exceed four. For the purpose of pour les Recherches Scientifiques Health, 6701 Rockledge Drive, Room 5180, the Protocol, episodic production is relatives au Tabac). Recommended MSC 7844, Bethesda, MD 20892, (301) 435– defined as manufacturing intervals Method No. 39: Determination of the 1250, [email protected]. separated by periods of 30 or more days purity of nicotine and nicotine salts by Name of Committee: Center for Scientific when the smokeless tobacco brand gravimetric analysis—Tungstosilic acid Review, Special Emphasis Panel, name is not manufactured. method. November, 1994. 87–90. Epidemiology and Genetics of Aging and CRC Handbook of Chemistry and Neurodegenerative Diseases. Example 1: Within a single calendar year Date: January 23, 2009. a smokeless tobacco brand name is Physics. R.C. Weast, D.R. Lide, M.J. Time: 12 p.m. to 3 p.m. manufactured from January 1 to March 31 Astle, and WH. Beyer (eds). 70th ed. Agenda: To review and evaluate grant and from September 1 to December 15. The Boca Raton, Florida: CRC Press (1989– applications. testing frequency for the first manufacturing 1990) D–162. Place: National Institutes of Health, 6701 interval is 3 and for the second Henningfield, J.E., Radzius A., Cone Rockledge Drive, Bethesda, MD 20892. manufacturing interval is 3. The Protocol E.J. (1995). Estimation of available (Telephone Conference Call) allows that each smokeless tobacco brand nicotine content of six smokeless Contact Person: Fungai F. Chanetsa, PhD, name be tested for nicotine, total moisture, tobacco products. Tobacco Control Scientific Review Officer, Center for and pH no more than four times during a Scientific Review, National Institutes of calendar year. Therefore, 4 random sampling 4:57–61. Health, 6701 Rockledge Drive, Room 3135, dates, as described in the footnote to the ISO (International Organization for MSC 7770, Bethesda, MD 20892, 301–435– above table, are determined for the smokeless Standardization). IOS 8243: Cigarettes— 1262, [email protected]. tobacco brand name. The values for nicotine, Sampling. (1991). Second Edition. Name of Committee: Center for Scientific moisture, and pH determinations, and Prepared by Technical Committee ISO/ Review, Special Emphasis Panel, Member unionized (free) nicotine calculations and the TC 126, Tobacco and tobacco products. Conflicts: Alcohol and Toxicology.

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