Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Rules and Regulations 11295 

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.1 On 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.2 On 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.3 On 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.4 On 

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.5 On August 18, 

2021, the court issued an order to 

postpone the effective date of the final 

rule by an additional 90 days.6 On 

November 12, 2021, the court issued 

another order to postpone the effective 

date of the final rule by an additional 90 

days.7 On February 10, 2022, the court 

issued another order to postpone the 

effective date of the final rule by an 

additional 90 days.8 The 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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