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Federal Register / Vol. 74, No. 4 January 7, 2009 Notices

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Federal Register / Vol. 74, No. 4 January 7, 2009 Notices 712 Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Notices 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 Print Only VerDate Nov<24>2008 16:10 Jan 06, 2009 Jkt 217001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\07JAN1.SGM 07JAN1 Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Notices 713 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.
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