11295 Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Rules and Regulations 
1R.J. Reynolds Tobacco Co. et al. v. United States 
Food and Drug Administration et al., No. 6:20–cv– 
00176 (E.D. Tex. filed April 3, 2020). 
2R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 
(E.D. Tex. May 8, 2020) (order granting joint motion and establishing schedule), Doc. No. 33. 
3R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 
(E.D. Tex. December 2, 2020) (order granting Plaintiffs’ motion and postponing effective date), Doc. No. 80. 
4R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 
(E.D. Tex. March 2, 2021) (order granting Plaintiffs’ motion and postponing effective date), Doc. No. 89. 
5R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 
(E.D. Tex. May 21, 2021) (order granting Plaintiffs’ motion and postponing effective date), Doc. No. 91. 
6R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 
(E.D. Tex. August 18, 2021) (order postponing effective date), Doc. No. 92. 
7R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 
(E.D. Tex. November 12, 2021) (order postponing effective date), Doc. No. 93. 
8R.J. Reynolds Tobacco Co., No. 6:20–cv–00176 
(E.D. Tex. February 10, 2022) (order postponing effective date), Doc. No. 94. Dated: February 22, 2022. 
Lauren K. Roth, 
Associate Commissioner for Policy. 
[FR Doc. 2022–04154 Filed 2–28–22; 8:45 am] 
BILLING CODE 4164–01–P 
DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 
Food and Drug Administration 
21 CFR Part 1141 
[Docket No. FDA–2019–N–3065] 
RIN 0910–AI39 
Tobacco Products; Required Warnings 
for Cigarette Packages and Advertisements; Delayed Effective Date 
AGENCY : Food and Drug Administration, 
HHS. 
ACTION : Final rule; delay of effective 
date. 
SUMMARY : As required by an order 
issued by the U.S. District Court for the Eastern District of Texas, this action delays the effective date of the final rule (‘‘Tobacco Products; Required Warnings for Cigarette Packages and Advertisements’’), which published on March 18, 2020. The new effective date is April 9, 2023. 
DATES : The effective date of the rule 
amending 21 CFR part 1141 published at 85 FR 15638, March 18, 2020, and delayed at 85 FR 32293, May 29, 2020; 86 FR 3793, January 15, 2021; 86 FR 36509, July 12, 2021; 86 FR 50855, September 13, 2021; and 86 FR 70052, December 9, 2021, is further delayed until April 9, 2023. 
FOR FURTHER INFORMATION CONTACT : 
Courtney Smith, Office of Regulations, Center for Tobacco Products, Food and Drug Administration, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G335, Silver Spring, MD 20993–0002, 1–877–287–1371, email: CTPRegulations@fda.hhs.gov. 
SUPPLEMENTARY INFORMATION : In the 
Federal Register of March 18, 2020, the Food and Drug Administration (FDA or Agency) issued a final rule establishing new cigarette health warnings for cigarette packages and advertisements. The final rule implements a provision of the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) (Pub. L. 111–31) that requires FDA to issue regulations requiring color graphics depicting the negative health consequences of smoking to accompany new textual warning label statements. The Tobacco Control Act amends the Federal Cigarette Labeling and Advertising Act of 1965 (Pub. L. 89–92) to require each cigarette package and advertisement to bear one of the new required warnings. The final rule specifies the 11 new textual warning label statements and accompanying color graphics. Pursuant to section 201(b) of the Tobacco Control Act, the rule was published with an effective date of June 18, 2021, 15 months after the date of publication of the final rule. 
On April 3, 2020, the final rule was 
challenged in the U.S. District Court for the Eastern District of Texas.
1On May 
8, 2020, the court granted a joint motion to govern proceedings in that case and postpone the effective date of the final rule by 120 days.
2On December 2, 2020, 
the court granted a new motion by the plaintiffs to postpone the effective date of the final rule by an additional 90 days.
3On March 2, 2021, the court 
granted another motion by the plaintiffs to postpone the effective date of the final rule by an additional 90 days.
4On 
May 21, 2021, the court granted another motion by the plaintiffs to postpone the effective date of the final rule by an additional 90 days.
5On August 18, 
2021, the court issued an order to postpone the effective date of the final rule by an additional 90 days.
6On 
November 12, 2021, the court issued another order to postpone the effective date of the final rule by an additional 90 days.
7On February 10, 2022, the court 
issued another order to postpone the effective date of the final rule by an additional 90 days.
8The court ordered 
that the new effective date of the final rule is April 9, 2023. Pursuant to the court order, any obligation to comply with a deadline tied to the effective date is similarly postponed, and those obligations and deadlines are now tied to the postponed effective date. To the extent that 5 U.S.C. 553 applies 
to this action, the Agency’s implementation of this action without opportunity for public comment, effective immediately upon publication in the Federal Register, is based on the 
good cause exception in 5 U.S.C. 553(b)(B). Seeking public comment is impracticable, unnecessary, and contrary to the public interest. The 90- day postponement of the effective date, until April 9, 2023, is required by court order in accordance with the court’s authority to postpone a rule’s effective date pending judicial review (5 U.S.C. 705). Seeking prior public comment on this postponement would have been impracticable, as well as contrary to the public interest in the orderly issuance and implementation of regulations. 
Dated: February 23, 2022. 
Lauren K. Roth, 
Associate Commissioner for Policy. 
[FR Doc. 2022–04181 Filed 2–28–22; 8:45 am] 
BILLING CODE 4164–01–P 
DEPARTMENT OF THE TREASURY 
Internal Revenue Service 
26 CFR Part 300 
[TD 9962] 
RIN 1545–BQ06 
User Fees Relating to the Enrolled 
Agent Special Enrollment Examination and the Enrolled Retirement Plan Agent Special Enrollment Examination 
AGENCY : Internal Revenue Service (IRS), 
Treasury. 
ACTION : Final regulations. 
SUMMARY : These final regulations amend 
existing regulations relating to the user fees for the special enrollment examinations for enrolled agents and enrolled retirement plan agents. The final regulations increase the amount of the user fee for each part of the special enrollment examination for enrolled agents (EA SEE). The final regulations also remove the user fee for the special enrollment examination for enrolled retirement plan agents (ERPA SEE) because the IRS no longer offers the ERPA SEE or new enrollment as an enrolled retirement plan agent. The final regulations affect individuals taking the EA SEE. The Independent Offices Appropriation Act of 1952 authorizes charging user fees. 
DATES : Effective date: These regulations 
are effective March 31, 2022. 
Applicability date: For the date of 
applicability, see § 300.4(d). 
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