Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / Notices 2879 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

[Docket No. FDA–2010–N–0020] 

Use of Tobacco Marketing Descriptors 

to Convey Modified Risk; Request for 

Comments 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice; request for comments. 

SUMMARY: The Food and Drug 

Administration (FDA) is establishing a 

public docket to provide an opportunity 

for interested parties to share 

information, research, and ideas on 

tobacco product marketing descriptors 

that may be considered similar to the 

prohibited terms ‘‘light,’’ ‘‘mild,’’ and 

‘‘low.’’ This information will be used to 

further FDA’s efforts to reduce 

misleading and deceptive advertising 

practices. 

DATES: Submit electronic or written 

comments by February 18, 2010. 

ADDRESSES: Submit electronic 

comments to http:// 

www.regulations.gov. Submit written 

comments to the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen K. Quinn, Center for Tobacco 

Products, Food and Drug 

Administration, 9200 Corporate Blvd., 

Rockville, MD 20850–3229, 240–276– 

1717, Kathleen.Quinn@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Tobacco products are responsible for 

more than 440,000 deaths each year. 

The Centers for Disease Control and 

Prevention report that 70 percent of the 

46 million adults who currently smoke 

in the United States want to quit. Since 

the introduction to the American market 

in the 1960s of cigarettes marketed as 

‘‘light,’’ ‘‘low,’’ or ‘‘mild,’’ millions of 

smokers have turned to these products 

in the false belief that they pose fewer 

health hazards and may facilitate 

quitting. While scientific evidence has 

demonstrated that light cigarettes do not 

reduce the health risks associated with 

smoking, sales of light cigarettes have 

continued to climb, accounting for 92.7 

percent of cigarettes sold in the United 

States in 2006. Curbing the significant 

adverse consequences of tobacco use is 

one of the most important public health 

goals of our time. One step toward the 

realization of that goal is to prevent 

misleading labeling claims and to 

regulate ‘‘modified risk’’ tobacco 

products. 

On June 22, 2009, the President 

signed the Family Smoking Prevention 

and Tobacco Control Act (the Tobacco 

Control Act) into law. The Tobacco 

Control Act granted FDA important new 

authority to regulate the manufacture, 

marketing, and distribution of tobacco 

products to protect the public health 

generally and to reduce tobacco use by 

minors. Among its many provisions, the 

Tobacco Control Act added section 

911(b) to the Federal Food, Drug, and 

Cosmetic Act (the act), banning the 

manufacture of any tobacco product ‘‘the 

label, labeling, or advertising of which 

uses the descriptors ‘light’, ‘mild’, or 

‘low’ or similar descriptors;’’ as of June 

22, 2010. 

We are requesting comments that will 

inform the agency’s development of 

guidance on the meaning of the term 

‘‘similar descriptors.’’ A copy of the 

Tobacco Control Act is available at 

http://www.fda.gov/tobacco. 

II. Request for Comments and 

Information 

Product packaging plays a critical role 

in fostering brand loyalty and 

communicating messages to consumers 

about the risks and benefits of product 

use. FDA is aware that messages of 

reduced harm can be conveyed through 

a variety of visual cues. We are therefore 

requesting comment on ways in which 

descriptors that may be considered 

similar to ‘‘light,’’ ‘‘mild’’ and ‘‘low’’ used 

on tobacco product packaging could 

impact consumer perceptions of risk. 

Such descriptors may include: 

• Adjectives like ‘‘silver,’’ ‘‘fine,’’ or 

‘‘smooth;’’ 

• Colors like white, silver or pastels; 

• Printed numbers associated with 

risk level; 

• Letters (e.g., ‘‘L’’) or other symbols 

that connote ‘‘light;’’ 

• Depiction of filters or other images 

that imply purification or healthfulness; 

• Words used in brand names that 

have associations with potency, risk, or 

healthfulness; and 

• Use of terms such as ‘‘natural’’ and 

‘‘no additives.’’ 

The agency will consider information 

submitted to the docket in developing 

guidance on the meaning of the term 

‘‘similar descriptors’’ as it pertains to the 

label, labeling, or advertising of 

modified risk tobacco products. 

III. Comments 

Interested persons may submit to the 

Division of Dockets Management (see 

ADDRESSES) electronic or written 

comments regarding this document. 

Submit a single copy of electronic 

comments or two paper copies of any 

mailed comments, except that 

individuals may submit one paper copy. 

Comments are to be identified by the 

docket number found in brackets in the 

heading of this document. Received 

comments may be seen in the Division 

of Dockets Management between 9 a.m. 

and 4 p.m., Monday through Friday. 

Dated: January 12, 2010. 

David Dorsey, 

Acting Deputy Commissioner for Policy, 

Planning and Budget. 

[FR Doc. 2010–784 Filed 1–15–10; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HOMELAND 

SECURITY 

[Docket No. DHS–2009–0162] 

RIN 1601–ZA08 

Identification of Foreign Countries 

Whose Nationals Are Eligible To 

Participate in the H–2A and H–2B Visa 

Programs 

AGENCY: Office of the Secretary, DHS. 

ACTION: Notice. 

SUMMARY: Under Department of 

Homeland Security (DHS) regulations, 

U.S. Citizenship and Immigration 

Services (USCIS) may only approve 

petitions for H–2A and H–2B 

nonimmigrant status for nationals of 

countries that the Secretary of 

Homeland Security, with the 

concurrence of the Secretary of State, 

has designated by notice published in 

the Federal Register. That notice must 

be renewed each year. This notice 

announces that the Secretary of 

Homeland Security, in consultation 

with the Secretary of State, is 

identifying 39 countries whose 

nationals are eligible to participate in 

the H–2A and H–2B programs for the 

coming year. 

DATES: Effective Date: This notice is 

effective January 18, 2010, and shall be 

without effect at the end of one year 

after January 18, 2010. 

FOR FURTHER INFORMATION CONTACT: Alex 

Hartman, DHS Office of Policy, 

Department of Homeland Security, 

Washington, DC 20528 (202) 282–9820. 

SUPPLEMENTARY INFORMATION: 

Background: Pursuant to 8 CFR 

214.2(h)(5)(i)(F)(1)(i) and 8 CFR 

214.2(h)(6)(i)(E)(1), USCIS may only 

approve H–2A and H–2B petitions for 

nationals of countries that the Secretary 

of Homeland Security, with the 

concurrence of the Secretary of State, 

has designated as participating 

countries. Such designation must be 


jlentini on DSKJ8SOYB1PROD with NOTICES
2880 Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 / Notices 

published as a notice in the Federal 

Register and expires after one year. 

In designating countries to include on 

the list, DHS, with the concurrence of 

the Secretary of State, will take into 

account factors including, but not 

limited to: (1) The country’s cooperation 

with respect to issuance of travel 

documents for citizens, subjects, 

nationals and residents of that country 

who are subject to a final order of 

removal; (2) the number of final and 

unexecuted orders of removal against 

citizens, subjects, nationals and 

residents of that country; (3) the number 

of orders of removal executed against 

citizens, subjects, nationals and 

residents of that country; and (4) such 

other factors as may serve the U.S. 

interest. See 8 CFR 214.2(h)(5)(i)(F)(1)(i) 

and 8 CFR 214.2(h)(6)(i)(E)(1). 

In December 2008, DHS published in 

the Federal Register two notices, 

‘‘Identification of Foreign Countries 

Whose Nationals Are Eligible to 

Participate in the H–2A Visa Program,’’ 

and ‘‘Identification of Foreign Countries 

Whose Nationals Are Eligible to 

Participate in the H–2B Visa Program,’’ 

designating 28 countries whose 

nationals are eligible to participate in 

the H–2A and H–2B programs. See 73 

FR 77,043 (Dec. 18, 2008); 73 FR 77,729 

(Dec. 19, 2008). The initial designations 

were composed of countries that are 

important for the operation of the H–2A 

and H–2B programs and are cooperative 

in the repatriation of their citizens, 

subjects, nationals or residents who are 

subject to a final order of removal from 

the United States. The notices cease to 

have effect at the end of one year after 

January 17 and January 18, 2009 

respectively. See 8 CFR 

214.2(h)(5)(i)(F)(2) and 8 CFR 

214.2(h)(6)(i)(E)(3). 

Following consultations with the 

Department of State, the Secretary of 

Homeland Security finds, with the 

concurrence of the Secretary of State, 

that the 28 countries designated in the 

December 18 and 19, 2008 notices 

continue to meet the standards 

identified in those notices for eligible 

countries and therefore should remain 

designated as countries whose nationals 

are eligible to participate in the H–2A 

and H–2B programs. 

Furthermore, the Secretary of 

Homeland Security, with the 

concurrence of the Secretary of State, 

finds that it is now appropriate to add 

11 additional countries to the list of 

countries whose nationals are eligible to 

participate in the H–2A and H–2B 

programs. This determination is made 

taking into account the four factors 

identified above. The Secretary of 

Homeland Security considered other 

pertinent factors; including, but not 

limited to, evidence of past usage of the 

H–2A and H–2B programs by nationals 

of the countries to be added, as well as 

evidence relating to the economic 

impact on particular U.S. industries or 

regions resulting from the addition or 

continued non-inclusion of specific 

countries. In consideration of all of the 

above, this notice designates for the first 

time Croatia, Ecuador, Ethiopia, Ireland, 

Lithuania, The Netherlands, Nicaragua, 

Norway, Serbia, Slovakia, and Uruguay 

as countries whose nationals are eligible 

to participate in the H–2A and H–2B 

programs. 

Designation of Countries Whose 

Nationals Are Eligible To Participate in 

the H–2A and H–2B Visa Programs 

Pursuant to the authority provided to 

the Secretary of Homeland Security 

under sections 241, 214(a)(1), and 

215(a)(1) of the Immigration and 

Nationality Act (INA) (8 U.S.C. 1231, 

1184(a)(1), and 1185(a)(1)), I have 

designated, with the concurrence of the 

Secretary of State, that nationals from 

the following countries are eligible to 

participate in the H–2A and H–2B visa 

programs: 

Argentina, Australia, Belize, Brazil, 

Bulgaria, Canada, Chile, Costa Rica, 

Croatia, Dominican Republic, 

Ecuador, El Salvador, Ethiopia, 

Guatemala, Honduras, Indonesia, 

Ireland, Israel, Jamaica, Japan, 

Lithuania, Mexico, Moldova, The 

Netherlands, Nicaragua, New 

Zealand, Norway, Peru, Philippines, 

Poland, Romania, Serbia, Slovakia, 

South Africa, South Korea, Turkey, 

Ukraine, United Kingdom, Uruguay. 

This notice does not affect the status 

of aliens who currently hold H–2A or 

H–2B nonimmigrant status. 

Nothing in this notice limits the 

authority of the Secretary of Homeland 

Security or his or her designee or any 

other federal agency to invoke against 

any foreign country or its nationals any 

other remedy, penalty or enforcement 

action available by law. 

Janet Napolitano, 

Secretary. 

[FR Doc. 2010–960 Filed 1–15–10; 8:45 am] 

BILLING CODE 9110–9M–P 

DEPARTMENT OF HOMELAND 

SECURITY 

[Docket No. DHS–2009–0160] 

Homeland Security Advisory Council 

AGENCY: The Office of Policy, DHS. 

ACTION: Committee management; Notice 

of partially closed federal advisory 

committee meeting. 

SUMMARY: The Homeland Security 

Advisory Council (HSAC) will meet on 

February 3, 2010, in New York, New 

York. The meeting will be partially 

closed to the public. 

DATE: The HSAC will meet February 3, 

2010, from 9 a.m. to 3 p.m. and the 

meeting is open to the general public 

from 10:30 a.m. to 12 p.m. EST. The 

meeting is closed from 9 a.m. to 10:30 

a.m. and then again from 12 p.m. to 3 

p.m. 

ADDRESSES: The open portion of the 

meeting will be held at the Grand Hyatt 

New York, 109 East 42nd Street at 

Grand Central Terminal, in the Empire 

Ballroom in New York, New York. 

Requests to have written material 

distributed to each member of the 

committee prior to the meeting must 

reach the below contact person by 

January 25, 2010. Comments must be 

identified by Federal Register Notice 

DHS–2009–0160 and may be submitted 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: HSAC@dhs.gov. Fax: 202– 

282–9207. 

• Mail: Homeland Security Advisory 

Council, 1100 Hampton Park Boulevard, 

Mailstop 0850, Capitol Heights, MD 

20745. 

Instructions: All submissions received 

must include the words ‘‘Department of 

Homeland Security’’ and DHS–2009– 

0160. Comments received will be posted 

without alteration at http:// 

www.regulations.gov, including 

provided personal information. 

Docket: For docket access to read 

background documents or comments 

received, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Homeland Security Advisory Council, 

(202) 447–3135, HSAC@dhs.gov. 

SUPPLEMENTARY INFORMATION: Notice of 

this meeting is given pursuant to the 

Federal Advisory Committee Act, 5 

U.S.C. App. 2. The HSAC provides 

independent advice to the Secretary of 

the Department of Homeland Security to 

aid in the creation and implementation 

of critical and actionable policies and 

capabilities across the spectrum of 

homeland security operations. The 

HSAC periodically reports to the 

Secretary, as requested, on such matters. 

The HSAC serves as the Secretary’s 

primary advisory body with the goal of 

providing strategic, timely and 

actionable advice. 


jlentini on DSKJ8SOYB1PROD with NOTICES