Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Proposed Rules 26311 

posting. Normally, comments will be 

posted within a few days of being 

submitted. However, if large volumes of 

comments are being processed 

simultaneously, your comment may not 

be viewable for up to several weeks. 

Please keep the comment tracking 

number that www.regulations.gov 

provides after you have successfully 

uploaded your comment. 

Submitting comments via email. 

Comments and documents submitted 

via email also will be posted to 

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your personal contact information to be 

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Include your first and last names, email 

address, telephone number, and 

optional mailing address. The cover 

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long as it does not include any 

comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. No 

telefacsimiles (faxes) will be accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, that are written in English, and 

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and, if possible, they should carry the 

electronic signature of the author. 

Campaign form letters. Please submit 

campaign form letters by the originating 

organization in batches of between 50 to 

500 form letters per PDF or as one form 

letter with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information. 

Pursuant to 10 CFR 1004.11, any person 

submitting information that he or she 

believes to be confidential and exempt 

by law from public disclosure should 

submit via email two well-marked 

copies: One copy of the document 

marked ‘‘confidential’’ including all the 

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and one copy of the document marked 

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believed to be confidential deleted. DOE 

will make its own determination about 

the confidential status of the 

information and treat it according to its 

determination. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this notification of 

availability of the preliminary technical 

support document and request for 

comment. 

Signing Authority 

This document of the Department of 

Energy was signed on April 29, 2022, by 

Kelly J. Speakes-Backman, Principal 

Deputy Assistant Secretary for Energy 

Efficiency and Renewable Energy, 

pursuant to delegated authority from the 

Secretary of Energy. That document 

with the original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on April 29, 

2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2022–09548 Filed 5–3–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 1162 and 1166 

[Docket Nos. FDA–2021–N–1349 and FDA– 

2021–N–1309] 

Proposed Regulations To Establish 

Tobacco Product Standards for 

Menthol in Cigarettes and 

Characterizing Flavors in Cigars: 

Listening Sessions; Public Meeting; 

Request for Comments 

AGENCY: Food and Drug Administration, 

Department of Health and Human 

Services (HHS). 

ACTION: Notification of public meeting; 

request for comments. 

SUMMARY: The Food and Drug 

Administration (FDA, the Agency, or 

we) is announcing the following virtual 

listening sessions entitled ‘‘Proposed 

Regulations to Establish Tobacco 

Product Standards for Menthol in 

Cigarettes and Characterizing Flavors in 

Cigars: Listening Sessions.’’ The 

purpose of the listening sessions is to 

discuss two proposed regulations that 

are published elsewhere in this issue of 

the Federal Register, a tobacco product 

standard that would prohibit menthol as 

a characterizing flavor in cigarettes 

(‘‘Tobacco Product Standard for 

Menthol in Cigarettes’’; Docket No. 

FDA–2021–N–1349) and a tobacco 

product standard that would prohibit 

characterizing flavors (other than 

tobacco) in all cigars (‘‘Tobacco Product 

Standard for Characterizing Flavors in 

Cigars’’; Docket No. FDA–2021–N– 

1309). FDA will provide information on 

the proposed rules to the public and 

provide the public an opportunity to 

provide open public comment. 

DATES: The listening sessions will be 

held on two separate days on June 13 

and 15, 2022. All requests to make open 

public comment must be received by 

June 6, 2022, at 11:59 p.m. Eastern 

Time. 

FDA reminds the public that, in 

addition to providing comments 

through these meetings, commenters 

may submit either electronic or written 

comments on one or both of the 

proposed rules set out in the SUMMARY

by July 5, 2022. See the SUPPLEMENTARY

INFORMATION section for registration date 

and information. 

ADDRESSES: Additional details, such as 

the time of the listening sessions and 

registration information, will be posted 

soon at https://www.fda.gov/tobaccoproducts. The listening sessions will be 

held virtually and more information 

will be posted here: https://

www.fda.gov/tobacco-products. 

You may submit written comments as 

follows. Please note that late, untimely 

filed comments will not be considered. 

The https://www.regulations.gov 

electronic filing system will accept 

comments until 11:59 p.m. Eastern Time 

at the end of July 5, 2022. Comments 

received by mail/hand delivery/courier 

(for written/paper submissions) will be 

considered timely if they are 

postmarked or the delivery service 

acceptance receipt is on or before that 

date. 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments submitted electronically, 

including attachments, to https://

www.regulations.gov will be posted to 

the docket unchanged. Because your 


khammond on DSKJM1Z7X2PROD with PROPOSALS
26312 Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Proposed Rules 

comment will be made public, you are 

solely responsible for ensuring that your 

comment does not include any 

confidential information that you or a 

third party may not wish to be posted, 

such as medical information, your or 

anyone else’s Social Security number, or 

confidential business information, such 

as a manufacturing process. Please note 

that if you include your name, contact 

information, or other information that 

identifies you in the body of your 

comments, that information will be 

posted on https://www.regulations.gov. 

• If you want to submit a comment 

with confidential information that you 

do not wish to be made available to the 

public, submit the comment as a 

written/paper submission and in the 

manner detailed (see ‘‘Written/Paper 

Submissions’’ and ‘‘Instructions’’). 

Written/Paper Submissions 

Submit written/paper submissions as 

follows: 

• Mail/Hand Delivery/Courier (for 

written/paper submissions): Dockets 

Management Staff (HFA–305), Food and 

Drug Administration, 5630 Fishers 

Lane, Rm. 1061, Rockville, MD 20852. 

• For written/paper comments 

submitted to the Dockets Management 

Staff, FDA will post your comment, as 

well as any attachments, except for 

information submitted, marked and 

identified, as confidential, if submitted 

as detailed in ‘‘Instructions.’’ 

Instructions: All submissions received 

must include the Docket No. FDA– 

2021–N–1349 for ‘‘Tobacco Product 

Standard for Menthol in Cigarettes’’ 

and/or Docket No. FDA–2021–N–1309 

for ‘‘Tobacco Product Standard for 

Characterizing Flavors in Cigars.’’ 

Received comments, those filed in a 

timely manner (see ADDRESSES), will be 

placed in the docket and, except for 

those submitted as ‘‘Confidential 

Submissions,’’ publicly viewable at 

https://www.regulations.gov or at the 

Dockets Management Staff between 9 

a.m. and 4 p.m., Monday through 

Friday, 240–402–7500. 

• Confidential Submissions—To 

submit a comment with confidential 

information that you do not wish to be 

made publicly available, submit your 

comments only as a written/paper 

submission. You should submit two 

copies total. One copy will include the 

information you claim to be confidential 

with a heading or cover note that states 

‘‘THIS DOCUMENT CONTAINS 

CONFIDENTIAL INFORMATION.’’ The 

Agency will review this copy, including 

the claimed confidential information, in 

its consideration of comments. The 

second copy, which will have the 

claimed confidential information 

redacted/blacked out, will be available 

for public viewing and posted on 

https://www.regulations.gov. Submit 

both copies to the Dockets Management 

Staff. If you do not wish your name and 

contact information to be made publicly 

available, you can provide this 

information on the cover sheet and not 

in the body of your comments and you 

must identify this information as 

‘‘confidential.’’ Any information marked 

as ‘‘confidential’’ will not be disclosed 

except in accordance with 21 CFR 10.20 

and other applicable disclosure law. For 

more information about FDA’s posting 

of comments to public dockets, see 80 

FR 56469, September 18, 2015, or access 

the information at: https://

www.govinfo.gov/content/pkg/FR-2015- 

09-18/pdf/2015-23389.pdf. 

Docket: For access to the dockets to 

read background documents or the 

electronic and written/paper comments 

received, go to https://

www.regulations.gov and 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 Dockets Management 

Staff, 5630 Fishers Lane, Rm. 1061, 

Rockville, MD 20852, 240–402–7500. 

FOR FURTHER INFORMATION CONTACT: May 

Nelson, Center for Tobacco Products, 

Food and Drug Administration, 10903 

New Hampshire Ave., Silver Spring, MD 

20993–0002, 877–287–1373, 

CTPRegulations@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Published elsewhere in this issue of 

the Federal Register, FDA is proposing 

two product standards: (1) A tobacco 

product standard that would prohibit 

menthol as a characterizing flavor in 

cigarettes (‘‘Tobacco Product Standard 

for Menthol in Cigarettes’’; Docket No. 

FDA–2021–N–1349) and (2) a tobacco 

product standard that would prohibit 

characterizing flavors (other than 

tobacco) in all cigars (‘‘Tobacco Product 

Standard for Characterizing Flavors in 

Cigars’’; Docket No. FDA–2021–N– 

1309). Characterizing flavors in tobacco 

products, including menthol, enhance 

taste and make them easier to use. 

Menthol’s flavor and sensory effects 

reduce the harshness of cigarette 

smoking and make it easier for new 

users, particularly youth and young 

adults, to continue experimenting and 

progress to regular use. Characterizing 

flavors in cigars, such as strawberry, 

grape, cocoa, and fruit punch, increase 

appeal and make the cigars easier to use, 

particularly among youth and young 

adults. FDA is proposing these two 

tobacco product standards because they 

would significantly reduce disease and 

death from combusted tobacco product 

use, the leading cause of preventable 

death in the United States. 

There are over 18.5 million menthol 

cigarette smokers ages 12 and older in 

the United States. The proposed 

‘‘Tobacco Product Standard for Menthol 

in Cigarettes’’ rule would reduce the 

appeal of cigarettes, particularly to 

youth and young adults, and thereby 

decrease the likelihood that nonusers 

who would otherwise experiment with 

menthol cigarettes would progress to 

regular smoking. In addition, this 

proposed tobacco product standard 

would improve the health and reduce 

the mortality risk of current menthol 

cigarette smokers by decreasing cigarette 

consumption and increasing the 

likelihood of cessation. 

Over a half million youth in the 

United States use flavored cigars. The 

proposed ‘‘Tobacco Product Standard 

for Characterizing Flavors in Cigars’’ 

rule would reduce the appeal of cigars, 

particularly to youth and young adults, 

and thereby decrease the likelihood of 

experimentation, development of 

nicotine dependence, and progression to 

regular use. This proposed standard also 

would improve public health by 

increasing the likelihood that existing 

users of flavored cigars would quit. 

FDA is issuing both proposed product 

standards to reduce the tobacco-related 

death and disease associated with 

menthol cigarette and flavored cigar use. 

The proposed standards also are 

expected to reduce tobacco-related 

health disparities and advance health 

equity. 

II. Topics for Discussion at the 

Listening Sessions 

The listening sessions will provide 

the public an opportunity to provide 

open public comment on the proposed 

product standard rules. Both proposed 

rules will be discussed at each session. 

Although the public can submit their 

questions and comments directly to the 

dockets, the listening sessions will 

enable FDA to share public information 

(i.e., what is contained in the rules and 

related documents) and facilitate 

comment on the proposed rules. 

After introductions, FDA will begin 

each listening session with an overview 

of both proposed rules. Then the 

registered speakers will have 

approximately 5 minutes each to share 

their comments on any topics related to 

the product standards. FDA is 

particularly interested in the areas 

where we specifically requested 

comment in the proposed rules and the 

associated preliminary regulatory 

impact analyses. 


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Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Proposed Rules 26313 

III. Participating in the Listening 

Sessions 

Registration: To register to attend the 

free listening sessions, please visit the 

following website: https://www.fda.gov/ 

tobacco-products. Registration 

information will be posted soon. 

Live closed captioning will be 

provided during the listening sessions. 

Additional information on requests for 

special accommodations due to a 

disability will be provided during 

registration. 

Requests to Provide Open Public 

Comment: During online registration 

you may indicate if you wish to make 

open public comments during the 

listening sessions. All requests to make 

open public comment must be received 

by June 6, 2022, at 11:59 p.m. Eastern 

Time. We will do our best to 

accommodate requests to make public 

comments. We are seeking to have a 

broad representation of ideas and 

perspectives presented at the meeting. 

FDA is especially interested to hear 

from those individuals or communities 

who may be less likely or less able to 

provide formal written comments 

through the standard process of docket 

submission. Individuals and 

organizations with common interests are 

urged to consolidate or coordinate their 

comments and request time for a joint 

presentation. FDA will determine the 

approximate time open public 

comments are to be provided and will 

notify all registrants who requested to 

make public comment ahead of the 

listening session. FDA will not accept 

presentation materials for the listening 

sessions. Instead, any materials can be 

submitted to the respective docket noted 

in the ‘‘Docket’’ section of this 

document before the end of the 

comment period. 

Transcripts: Please be advised that as 

soon as transcripts of the listening 

sessions are available, they will be 

accessible at https://

www.regulations.gov. They may be 

viewed at the Dockets Management Staff 

(see ADDRESSES). A link to the 

transcripts and recordings will also be 

available on the internet at https://

www.fda.gov/tobacco-products. 

Dated: April 26, 2022. 

Lauren K. Roth, 

Associate Commissioner for Policy. 

[FR Doc. 2022–09302 Filed 4–28–22; 11:15 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2022–0056] 

RIN 1625–AA08 

Special Local Regulation: Pompano 

Race Weekend, Pompano Beach, FL 

AGENCY: Coast Guard, Homeland 

Security (DHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation (SLR) on certain navigable 

waters of the Atlantic Ocean off 

Pompano Beach, FL, in connection with 

the Pompano Race Weekend event. The 

SLR is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards associated with 

the high speed jet ski race. Entry of 

vessels or persons into the regulated 

area is prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) Miami. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before June 3, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0056 using the Federal Decision 

Making Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email LTJG 

Benjamin Adrien, Sector Miami 

Waterways Management Division, U.S. 

Coast Guard at 305–535–4307 or 

Benjamin.D.Adrien@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On January 24th, 2022, the National 

Watersports Asssociation Racing 

organization notified the Coast Guard 

that it will be conducting a high speed 

jet ski race from 9 a.m. to 6 p.m. on June 

25, 2022, and June 26, 2022. The race 

will be conducted off the beach in 

Pompano Beach, FL. The race will 

consist of fifteen high speed personal 

watercraft (jet ski) racing within a predesignated course. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters within 500 feet of the 

designated race course before, during, 

and after the scheduled event. The Coast 

Guard is proposing this rulemaking 

under authority in 46 U.S.C. 70041. 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

temporary special local regulation (SLR) 

from 9 a.m. until 6 p.m. on June 25, 

2022, and June 26, 2022. The SLR 

would cover certain navigable waters of 

the Atlantic Ocean off Pompano Beach, 

FL. The duration of the SLR is intended 

to protect personnel, vessels, and the 

marine environment in these navigable 

waters during the high speed jet ski 

race. The temporary SLR would prohibit 

all persons and vessels, except those 

persons and vessels participating in the 

race, from entering, transiting through, 

anchoring in, or remaining within the 

area unless authorized by the COTP 

Miami or a designated representative. 

Persons and vessels may request 

authorization to enter, transit through, 

anchor in, or remain within the race 

area by contacting the COTP Miami by 

telephone at (305) 535–4300, or a 

designated representative via VHF radio 

on channel 16. If authorization to enter, 

transit through, anchor in, or remain 

within the race area is granted by the 

COTP Miami or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Miami or a designated 

representative. The Coast Guard would 

provide notice of the special local 

regulation by a Broadcast Notice to 

Mariners, and on-scene designated 

representatives.The regulatory text we 

are proposing appears at the end of this 

document. 

IV. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 


khammond on DSKJM1Z7X2PROD with PROPOSALS