This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

55834 

Vol. 76, No. 175 

Friday, September 9, 2011 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

RIN 1904–AC04 

Efficiency and Renewables Advisory 

Committee, Appliance Standards 

Subcommittee, Negotiated Rulemaking 

Subcommittee/Working Group for 

Liquid-Immersed and Medium-Voltage 

Dry Type Transformers 

AGENCY: Department of Energy, Office of 

Energy Efficiency and Renewable 

Energy. 

ACTION: Notice of open meeting. 

SUMMARY: This document announces an 

open meeting of the Negotiated 

Rulemaking Working Group for LiquidImmersed and Medium-Voltage Dry 

Type Transformers (hereafter ‘‘MV 

Group’’). The MV Group is a working 

group within the Appliance Standards 

Subcommittee of the Efficiency and 

Renewables Advisory Committee 

(ERAC). The purpose of the MV Group 

is to discuss and, if possible, reach 

consensus on a proposed rule for 

regulating the energy efficiency of 

distribution transformers, as authorized 

by the Energy Policy Conservation Act 

(EPCA) of 1975, as amended, 42 U.S.C. 

6313(a)(6)(C) and 6317(a). A separate 

Working Group on Low-Voltage Dry 

Type Transformers is being convened to 

discuss and, if possible, reach 

consensus on a proposed rule for 

regulating the energy efficiency of lowvoltage transformers, as authorized by 

the Energy Policy Conservation Act 

(EPCA) of 1975, as amended, 42 U.S.C. 

6313(a)(6)(C) and 6317(a) [76 FR 50148]. 

DATES: Thursday, September 15, 2011— 

9 a.m.–5 p.m. 

Friday, September 16, 2011—9 a.m.– 

3 p.m. 

ADDRESSES: Department of Energy, 

Forrestal Building, 1000 Independence 

Avenue, SW., Rooms 1E–245 and 8E– 

089, Washington, DC 20585. Please 

arrive at least 30 minutes early for 

building entry requirements, see the 

Public Participation section for more 

information. 

FOR FURTHER INFORMATION CONTACT: John 

Cymbalsky, U.S. Department of Energy, 

Office of Building Technologies (EE–2J), 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 287–1692. E-mail: 

John.Cymbalsky@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Background: DOE has decided to use 

the negotiated rulemaking process to 

develop proposed energy efficiency 

standards for distribution transformers. 

The primary reasons for using the 

negotiated rulemaking process for 

developing a proposed Federal standard 

is that stakeholders strongly support a 

consensual rulemaking effort and DOE 

believes such a regulatory negotiation 

process will be less adversarial and 

better suited to resolving the complex 

technical issues raised by this 

rulemaking. An important virtue of 

negotiated rulemaking is that it allows 

expert dialog that is much better than 

traditional techniques at getting the 

facts and issues right and will result in 

a proposed rule that will effectively 

reflect Congressional intent. 

A regulatory negotiation will enable 

DOE to engage in direct and sustained 

dialog with informed, interested, and 

affected parties when drafting the 

proposed regulation that is then 

presented to the public for comment. 

Gaining this early understanding of all 

parties’ perspectives allows DOE to 

address key issues at an earlier stage of 

the process, thereby allowing more time 

for an iterative process to resolve issues. 

A rule drafted by negotiation with 

informed and affected parties is more 

likely to maximize benefits while 

minimizing unnecessary costs than one 

conceived or drafted without the 

opportunity for sustained dialog among 

interested and expert parties. DOE 

anticipates that there will be a need for 

fewer substantive changes to a proposed 

rule developed under a regulatory 

negotiation process prior to the 

publication of a final rule. 

To the maximum extent possible, 

consistent with the legal obligations of 

the Department, DOE will use the 

consensus of the advisory committee or 

subcommittee as the basis for the rule 

the Department proposes for public 

notice and comment. 

Membership: The Members of the MV 

Group were chosen from nominations 

submitted in response to the 

Department of Energy’s call for 

nominations published in the Federal 

Register on Friday, July 29, 2011 [76 FR 

45471]. The selections are designed to 

ensure a broad and balanced array of 

stakeholder interests and expertise on 

the negotiating working group for the 

purpose of developing a rule that is 

legally and economically justified, 

technically sound, fair to all parties, and 

in the public interest. All meetings are 

open to all stakeholders and the public, 

and participation by all is welcome 

within boundaries as required by the 

orderly conduct of business. The 

Members of the MV Group are as 

follows: 

• Richard Anderson (Fayetteville 

PWC) 

• Tim Ballo (Earthjustice) 

• Scott Beck (Lakeview Metals) 

• John Caskey (NEMA) 

• Jerry Corkran (Cooper Power 

Systems) 

• John Cymbalsky (DOE) 

• Andrew DeLaski (ASAP) 

• Tom Eckman (NWPower and 

Conservation Council) 

• Gary Fernstrom (PG&E) 

• Carlos Gaytan (GE Prolec) 

• Robert Greeson (Federal Pacific) 

• Bruce Hirsch (Baltimore Gas and 

Electric) 

• Gerald Hodge (Howard Industries) 

• Phil Hopkinson (HVOLT) 

• Michael Hyland (APPA) 

• David Millure (Metglas) 

• Steve Nadel (ACEEE) 

• Wes Patterson (ABB) 

• Eric Petersen (AK Steel) 

• Ray Polinski (Allegheny Ludlum) 

• Steve Rosenstock (Edison Electric 

Institute) 

• Robin Roy (NRDC) 

• Robert Saint (NRECA) 

• Chuck Simmons (Progress Energy) 

• Mark Stoering (Xcel Energy; 

member of ERAC) 

Purpose of the Meeting: To launch the 

process of seeking consensus on a 

proposed rule for the energy efficiency 

of liquid-immersed and medium-voltage 

dry type distribution transformers, as 

authorized by the Energy Policy 

Conservation Act (EPCA) of 1975, as 

amended, 42 U.S.C. 6313(a)(6)(C) and 

6317(a). 

Tentative Agenda: The meeting will 

start at 9 a.m. and will conclude at 5 

p.m. on Thursday, September 15, 2011, 

in room 1E–245 and reconvene on 

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Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Proposed Rules 55835 

Friday, September 16, 2011, from 9 a.m. 

until 3 p.m. in room 8E–089. The 

tentative meeting agenda includes 

introductions, agreement on facilitator 

and rules of procedure, presentations 

from DOE consultants on the results of 

their revised analysis of alternative 

candidate standard levels, and 

identification of the issues to be 

addressed by the negotiations, and any 

outstanding data needs. 

Public Participation: Members of the 

public are welcome to observe the 

business of the meetings and to make 

comments related to the issues being 

discussed at appropriate points, when 

called on by the moderator. The 

facilitator will make every effort to hear 

the views of all interested parties within 

limits required for the orderly conduct 

of business. To attend the meeting and/ 

or to make oral statements regarding any 

of the items on the agenda, e-mail 

erac@ee.doe.gov no later than 5 p.m., 

Thursday, September 8, 2011. Please 

include ‘‘MV Work Group 091511’’ in 

the subject line of the message. An early 

confirmation of attendance will help 

facilitate access to the building more 

quickly. In the e-mail, please provide 

your name, organization, citizenship 

and contact information. Space is 

limited. 

Anyone attending the meeting will be 

required to present government-issued 

identification. Foreign nationals will be 

required, per DOE security protocol, to 

complete a questionnaire no later than 

one week prior to the meeting, 

Thursday, September 8, 2011. 

Participation in the meeting is not a 

prerequisite for submission of written 

comments. ERAC invites written 

comments from all interested parties. If 

you would like to file a written 

statement with the committee, you may 

do so either by submitting a hard or 

electronic copy before or after the 

meeting. Electronic copy of written 

statements should be e-mailed to 

erac@ee.doe.gov. 

Minutes: The minutes of the meeting 

will be available for public review at 

http://www.erac.energy.gov. 

Issued in Washington, DC, on August 29, 

2011. 

LaTanya R. Butler, 

Acting Deputy Committee Management 

Officer. 

[FR Doc. 2011–22457 Filed 9–8–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 1140 

[Docket No. FDA–2011–N–0467] 

RIN 0910–AG43 

Non-Face-to-Face Sale and 

Distribution of Tobacco Products and 

Advertising, Promotion, and Marketing 

of Tobacco Products 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Food and Drug 

Administration (FDA) is issuing this 

advance notice of proposed rulemaking 

(ANPRM) to obtain information related 

to the regulation of non-face-to-face sale 

and distribution of tobacco products 

and the advertising, promotion, and 

marketing of tobacco products. FDA is 

taking this action as part of its 

implementation of the Family Smoking 

Prevention and Tobacco Control Act 

(Tobacco Control Act). FDA is 

requesting comments, data, research, or 

other information related to non-face-toface sale and distribution of tobacco 

products; the advertising, promotion, 

and marketing of such products; and the 

advertising of tobacco products via the 

Internet, e-mail, direct mail, telephone, 

smart phones, and other communication 

technologies that can be directed to 

specific recipients. 

DATES: Submit either electronic or 

written comments by December 8, 2011. 

ADDRESSES: You may submit comments, 

identified by Docket No. FDA–2011–N– 

0467 and/or RIN number 0910–AG43, 

by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Written Submissions 

Submit written submissions in the 

following ways: 

• FAX: 301–827–6870. 

• Mail/Hand delivery/Courier (for 

paper, disk, or CD–ROM submissions): 

Division of Dockets Management (HFA– 

305), Food and Drug Administration, 

5630 Fishers Lane, rm. 1061, Rockville, 

MD 20852. 

Instructions: All submissions received 

must include the Agency name and 

Docket No. FDA–2011–N–0467 and 

Regulatory Information Number (RIN 

0910–AG43) for this rulemaking. All 

comments received may be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

additional information on submitting 

comments, see the ‘‘Comments’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov, 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 Division of Dockets 

Management, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: Beth 

Buckler, Center for Tobacco Products, 

Food and Drug Administration, 9200 

Corporate Blvd., Rockville, MD 20850– 

3229, 877–287–1373, 

beth.buckler@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Tobacco Control Act, enacted on 

June 22, 2009, amends the Federal Food, 

Drug, and Cosmetic Act (the FD&C Act) 

and provides FDA with the authority to 

regulate tobacco products (Pub. L. 111– 

31, 123 Stat. 1776). Among other things, 

the Tobacco Control Act requires FDA 

to issue regulations, by October 1, 2011, 

regarding the sale and distribution of 

tobacco products that occur through 

means other than a direct, face-to-face 

exchange between a retailer and a 

consumer (i.e., a non-face-to-face or 

remote sale) in order to prevent the sale 

and distribution of tobacco products to 

individuals who have not attained the 

minimum age established by applicable 

law for the purchase of such products, 

including requirements for age 

verification (section 906(d)(4)(A)(i) of 

the FD&C Act (21 U.S.C. 

387f(d)(4)(A)(i))). The Tobacco Control 

Act also requires FDA to issue 

regulations, by April 1, 2012, to address 

the promotion and marketing of tobacco 

products that are sold or distributed 

through a non-face-to-face exchange in 

order to protect individuals who have 

not attained the minimum age 

established by applicable law for the 

purchase of such products (section 

906(d)(4)(A)(ii)). Furthermore, section 

906(d)(1) of the FD&C Act provides that 

the Secretary of Health and Human 

Services (the Secretary) may by 

regulation require restrictions on the 

sale and distribution of a tobacco 

product, including restrictions on the 

access to, and the advertising and 

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