00-26302. Reopening and Extension of Time for Comments Concerning Regulations Implementing the Comprehensive Smokeless Tobacco Health Education Act of 1986

AGENCY:

Federal Trade Commission.

ACTION:

Notice of reopening and extension of comment period.

SUMMARY:

The Federal Trade Commission (the “Commission”) has reopened and extended the date by which comments must be submitted concerning the review of its regulations (“smokeless tobacco regulations” or “the regulations”) implementing the Comprehensive Smokeless Tobacco Health Education Act of 1986 (“Smokeless Tobacco Act”). This document informs prospective commenters of the change and sets a new date of October 16, 2000 for the end of the comment period.

DATES:

Comments must be submitted on or before October 16, 2000.

ADDRESSES:

Written comments should be identified as “16 CFR Part 307” and sent to the Secretary, Federal Trade Commission, Room H-159, 600 Pennsylvania Avenue, NW., Washington, DC 20580. The Commission requests that the original comment be filed with five copies, if feasible. The Commission also requests, if possible, that the comments be submitted in electronic form on a computer disc. (Programs based on DOS or Windows are preferred. Files from other operating systems should be submitted in ASCII text format.) The disc label should identify the commenter's name and the name and version of the word processing program used to create the document.

All comments will be placed on the public record and will be available for public inspection in accordance with the Freedom of Information Act, 5 U.S.C. 552, and the Commission's Rules of Practice, 16 CFR 4.11, during normal business days from 8:30 a.m. to 5 p.m., at the Public Reference Room, Room H-130, Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington DC 20580. In addition, comments will be placed on the Internet at the FTC web site: http://www.ftc.gov.

FOR FURTHER INFORMATION CONTACT:

Rosemary Rosso [phone], Division of Advertising Practices, Bureau of Consumer Protection, Federal Trade Commission, Washington, DC 20580, E-Mail (for questions or information only): [e-mail].

SUPPLEMENTARY INFORMATION:

On March 7, 2000, the Commission published in the Federal Register a Request for Comment on its regulations (“smokeless tobacco regulations” or “the regulations”) implementing the Comprehensive Smokeless Tobacco Health Education Act of 1986 (“Smokeless Tobacco Act”), 16 CFR Part 307, as part of its regulatory review program. 65 FR 11944. The regulations set forth the manner in which smokeless tobacco manufacturers, importers, and packagers must display and rotate the three health warnings mandated by the Smokeless Tobacco Act. The Federal Register Notice (“notice”) posed twelve questions in all; some were general regulatory review questions, while others asked about material issues that are specific to the smokeless tobacco regulations. The notice requested commenters to provide answers where possible, and specifically asked for consumer research, studies or other data to support comments submitted to the Commission. Pursuant to the Federal Register Notice, the initial comment period ended on April 24, 2000. The Commission subsequently reopened and extended that comment period to July 21, 2000.

After the comment period ended, United States Tobacco Company requested an opportunity to submit an untimely comment. In particular, the company would like an opportunity to respond to the comment submitted by the Massachusetts Department of Health and the two statistical surveys filed as part of that comment, and to respond to questions posed in the Commission's Federal Register Notice regarding potential burdens that may result from any suggested changes to the existing regulations.

The Commission is mindful that United States Tobacco Company has both notice and opportunity to file a timely comment. The Commission likewise appreciates the need to deal with this matter as expeditiously as possible. At the same time, the Commission recognizes the need to obtain comments from parties that are directly affected by these regulations. Accordingly, in order to provide an opportunity for this and other interested parties to submit comments, the Commission has decided to reopen the public comment period and extend the deadline for comments until October 16, 2000.

List of Subjects in 16 CFR Part 307

• Health warnings
• Smokeless tobacco
• Trade practices

Authority: 15 U.S.C. 1401-1410.

By direction of the Commission, Commissioner Anthony dissenting.

Donald S. Clark,

Secretary.