Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations 50855 

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. 

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 The 

court ordered that the new effective date 

of the final rule is October 11, 2022. 

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 

today 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 October 11, 2022, 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: September 3, 2021. 

Lauren K. Roth, 

Acting Principal Associate Commissioner for 

Policy. 

[FR Doc. 2021–19688 Filed 9–10–21; 8:45 am] 

BILLING CODE 4164–01–P 

FEDERAL MEDIATION AND 

CONCILIATION SERVICE 

29 CFR Part 1402 

RIN 3076–AA16 

Notice to Mediation Agency 

AGENCY: Federal Mediation and 

Conciliation Service (FMCS). 

ACTION: Final rule. 

SUMMARY: The Federal Mediation and 

Conciliation Service (FMCS), issues a 

final rule amending its existing 

regulations to modify the submission 

method of information collection 

request, Notice to Mediation Agency, 

(Agency Form F–7) and remove the form 

titled ‘‘Notice to Mediation Agencies.’’ 

DATES: This final rule is effective 

September 13, 2021. 

ADDRESSES: Please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Arthur Pearlstein, Director, Arbitration, 

Notice Processing, Shared Neutrals, 

apearlstein@fmcs.gov, 202–606–8103. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Parties to private-sector collective 

bargaining agreements must file certain 

notices with the Federal Mediation 

Conciliation Service pursuant to 29 

U.S.C. 158(d)(3). This modification 

changes the submission process of 

information collection request, Notice to 

Mediation Agency (Agency Form F–7), 

from mail-in to electronic submission. 

This revision is necessary to increase 

efficiency of FMCS both by allowing 

FMCS to receive Agency Form F–7’s 

more quickly, but also to reduce 

processing time. This will allow the 

Service to provide its services to the 

parties more quickly. This modification 

removes the language which includes 

the verbiage of the Form–F7, to allow 

for FMCS to modify the form, if 

necessary, without necessitating 

additional rule change. 

II. Authority for This Rulemaking 

FMCS’ authority to issue rules is 

found in 29 U.S.C. 172 of Taft Harley 

Act of 1947. This regulation is within 

the scope of that authority. 

III. Public Comment Period 

The public comment period on the 

proposed rule opened on July 22, 2021, 

the date of its publication in the Federal 

Register, and closed on August 23, 

2021. During this period, FMCS did not 

receive any comments on our proposed 

action. 

List of Subjects in 29 CFR Part 1402 

Administrative practice and 

procedure, Information collection 

requests, Labor management relations. 

For the reasons discussed in the 

preamble, and under the authority 29 

U.S.C. 172 of the Taft Hartley Act of 

1947, FMCS amends 29 CFR part 1402 

as follows: 

■ 1. The authority citation for part 1402 

continues to read as follows: 

Authority: Sec. 202, 61 Stat. 153, sec. 3, 80 

Stat. 250, sec. 203, 61 Stat. 153; 5 U.S.C. 552, 

29 U.S.C. 172, 173. 

■ 2. Revise § 1402.1 to read as follows: 

§ 1402.1 Notice of dispute. 

The notice of dispute filed with the 

Federal Mediation and Conciliation 

Service pursuant to the provisions of 

section 8(d)(3), of the LaborManagement Relations Act, 1947, as 

amended, shall be submitted 

electronically via a platform provided 

by FMCS. If electronic submission 

creates an undue hardship, the filer may 

contact the FMCS Notice Processing 

office to explain the circumstances and 

receive assistance. The Form F–7, for 

use by the parties in filing a notice of 


lotter on DSK11XQN23PROD with RULES1
50856 Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations 

dispute, has been prepared by the 

Service. 

Dated: September 7, 2021. 

Sarah Cudahy, 

General Counsel. 

[FR Doc. 2021–19615 Filed 9–10–21; 8:45 am] 

BILLING CODE 6732–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2021–0612] 

Special Local Regulations; Recurring 

Marine Events, Sector St. Petersburg 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

special local regulations for the 

Clearwater Offshore Nationals on 

September 26, 2021, to provide for the 

safety of life on navigable waterways 

during this event. Our regulation for 

recurring marine events within Sector 

St. Petersburg identifies the regulated 

area for this event in Clearwater, FL. 

During the enforcement periods, the 

operator of any vessel in the regulated 

area must comply with directions from 

the Patrol Commander or any 

designated representative. 

DATES: The regulations in 33 CFR 

100.703, Table 1 to § 100.703, item 7, 

will be enforced from 11:30 a.m. until 

4 p.m., on September 26, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Marine 

Science Technician First Class Michael 

Shackleford, Sector St. Petersburg 

Prevention Department, Coast Guard; 

telephone (813) 228–2191, email 

Michael.d.shackleford@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulations in 33 CFR 100.703, Table 1 

to § 100.703, item 7, for the Clearwater 

Offshore Nationals regulated area from 

11:30 a.m. to 4 p.m., on September 26, 

2021. This action is being taken to 

provide for the safety of life on 

navigable waterways during this event. 

Our regulation for recurring marine 

events, Sector St. Petersburg, § 100.703, 

Table 1 to § 100.703, item 7, specifies 

the location of the regulated area for the 

Clearwater Offshore Nationals which 

encompasses portions of the Gulf of 

Mexico near Clearwater beach. During 

the enforcement periods, as reflected in 

§ 100.703(c), if you are the operator of 

a vessel in the regulated area you must 

comply with directions from the Patrol 

Commander or any designated 

representative. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners and/or 

marine information broadcasts. 

Dated: August 31, 2021. 

Matthew A. Thompson, 

Captain, U.S. Coast Guard, Captain of the 

Port St. Petersburg. 

[FR Doc. 2021–19711 Filed 9–10–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AQ45 

Veterans Care Agreements 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) adopts as final, with no 

substantive changes, an interim final 

rule revising its medical regulations to 

implement VA’s authority under section 

102 of the John S. McCain III, Daniel K. 

Akaka, and Samuel R. Johnson VA 

Maintaining Internal Systems and 

Strengthening Integrated Outside 

Networks Act of 2018 (MISSION Act), 

which authorizes VA to enter into 

agreements to furnish required hospital 

care, medical services, and extended 

care services in the community when 

such care and services are not feasibly 

available to certain individuals through 

a VA facility, a contract, or a sharing 

agreement. As specified in section 

1703A and this implementing rule, 

these agreements are called Veterans 

Care Agreements (VCA). 

DATES: This rule is effective on October 

13, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Duran, Office of Community 

Care (10D), Veterans Health 

Administration, Department of Veterans 

Affairs, Ptarmigan at Cherry Creek, 

Denver, CO 80209; (303) 372–4629. 

(This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: On June 6, 

2018, the President signed into law the 

John S. McCain III, Daniel K. Akaka, and 

Samuel R. Johnson VA Maintaining 

Internal Systems and Strengthening 

Integrated Outside Networks Act of 

2018, Public Law 115–182, 132 Stat. 

1393 (2018) (codified as amended in 

scattered sections of 38 U.S.C.) 

(MISSION Act). This rule adopts as 

final, with no substantive changes, an 

interim final rule revising VA medical 

regulations to implement section 102 of 

the MISSION Act (codified as amended 

at 38 U.S.C. 1703A), which authorizes 

VA to enter into agreements to furnish 

required hospital care, medical services, 

and extended care services in the 

community when such care and services 

are not feasibly available to certain 

individuals through a VA facility, a 

contract, or a sharing agreement. As 

specified in section 1703A and this 

implementing rule, these agreements are 

called Veterans Care Agreements (VCA). 

On May 14, 2019, VA published an 

interim final rule to establish the 

parameters of VCAs authorized under 

section 1703A, to include: Establishing 

a certification process for entities and 

providers that will seek to enter into a 

VCA and furnish care or services 

pursuant to that agreement; establishing 

certain parameters governing the 

payment rates that will be set forth in 

the terms of each VCA; and establishing 

an administrative process for 

adjudicating disputes arising under or 

related to VCAs, including those 

pertaining to claims for payment for 

care or services provided under a VCA. 

84 FR 21668. VA received input from 

eight commenters in response to this 

interim final rule, only three of which 

raised issues relevant to the rule. VA’s 

responses to those three commenters are 

summarized below. 

One commenter that represents a 

membership consisting of long term and 

post-acute care providers offered four 

comments that relate to VA’s 

implementation and use of VCAs. The 

comments do not expressly or impliedly 

request any changes to the interim final 

rule, nor do they raise any issues that 

would necessitate or merit any such 

changes. 

First, the commenter noted that it 

wants to ensure its members obtain 

access to information ‘‘available at both 

the regional and national levels’’ within 

VA regarding VA’s implementation and 

use of VCAs. Relatedly, the commenter 

also indicated that it has heard from 

some of its members that they would 

like VA to establish one or more points 

of contact at the ‘‘national’’ level that 

providers could communicate with 

directly when they have questions that 

‘‘regional’’ VA offices are unable to 

answer regarding VA’s implementation 

and use of VCAs. We interpret the 

commenter’s references to information 

made available and points of contact 

established at the ‘‘national’’ and 

‘‘regional’’ levels to constitute 

references to when such information 


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