By direction of the Commission. 

BILLING CODE 6750–01–C 

[FR Doc. 2021–19465 Filed 9–10–21; 8:45 am] 

Secretary. 

April J. Tabor, 

AGENCY

Date 

Advertisements; Delayed Effective 

for Cigarette Packages and 

Tobacco Products; Required Warnings 

RIN 0910–AI39 

[Docket No. FDA–2019–N–3065] 

21 CFR Part 1141 

Food and Drug Administration 

HUMAN SERVICES 

DEPARTMENT OF HEALTH AND 

: Food and Drug Administration, 

ACTION

HHS. 

: Final rule; delay of effective 

date. 

SUMMARY: As required by an order 

DATES

is October 11, 2022. 

March 18, 2020. The new effective date 

Advertisements’’), which published on 

for Cigarette Packages and 

(‘‘Tobacco Products; Required Warnings 

delays the effective date of the final rule 

Eastern District of Texas, this action 

issued by the U.S. District Court for the 

: The effective date of the rule 

FOR FURTHER INFORMATION CONTACT

until October 11, 2022. 

36509, July 12, 2021, is further delayed 

86 FR 3793, January 15, 2021; and 86 FR 

delayed at 85 FR 32293, May 29, 2020; 

March 18, 2020, at 85 FR 15638, and 

amending 21 CFR part 1141 published 

: 

Drug Administration, Document Control 

Center for Tobacco Products, Food and 

Courtney Smith, Office of Regulations, 


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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 


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