3664 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Proposed Rules 

1 The original regulations exempted utilitarian 

items such as hats or other personal items. The 

exemption was challenged, and the Court of 

Appeals for the District of Columbia ordered the 

Commission to delete the exemption. Public Citizen 

v. FTC, 869 F. 2d 1541 (D.C. Cir. 1989), aff’g, 688 

F. Supp. 667 (D.D.C. 1988). As a result, the 

Commission amended its regulations to include 

provisions for the rotation and display of the 

statutory warnings on utilitarian items. 56 FR 11654 

(Mar. 20, 1991). 

Applicability 

(c) This AD applies to the airplanes 

identified in paragraphs (c)(1) and (c)(2) of 

this AD, certificated in any category. 

(1) The Boeing Company Model 737–300, 

–400, and –500 series airplanes, as identified 

in Boeing Service Bulletin 737–35A1053, 

Revision 1, dated June 1, 2000. 

(2) The Boeing Company Model 737–600, 

–700, and –800 series airplanes, as identified 

in Boeing Service Bulletin 737–35A1058, 

Revision 1, dated June 1, 2000. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 35: Oxygen. 

Unsafe Condition 

(e) This AD results from reports of lowpressure flex-hoses of the crew oxygen 

system that burned through due to 

inadvertent electrical current from a short 

circuit in the audio select panel. The Federal 

Aviation Administration is issuing this AD to 

prevent inadvertent electrical current, which 

can cause the low-pressure flex-hoses of the 

crew oxygen system to melt or burn, resulting 

in oxygen system leakage and smoke or fire. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Inspection and Replacement 

(g) Within 36 months after the effective 

date of this AD, do an inspection to 

determine whether any low-pressure flexhose of the crew oxygen system installed 

under the oxygen mask stowage box in the 

flight deck has a part number identified in 

Table 1 of this AD. A review of airplane 

maintenance records is acceptable in lieu of 

this inspection if the part number of the lowpressure flex-hoses of the crew oxygen 

system can be conclusively determined from 

that review. 

(1) For any hose having a part number 

identified in Table 1 of this AD, before 

further flight, replace the hose with a new or 

serviceable part, in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin 737–35A1053, Revision 1, 

dated June 1, 2000; or Boeing Service 

Bulletin 737–35A1058, Revision 1, dated 

June 1, 2000; as applicable. 

(2) For any hose not having a part number 

identified in Table 1 of this AD no further 

action is required by this paragraph. 

TABLE 1—APPLICABLE PART NUMBERS

Boeing specification part number 

Equivalent Boeing supplier part numbers 

Puritan Bennett Hydraflow 

10–60174–31 .............................................................................. 173470–31 ................................................................................. 37001–31 

10–60174–35 .............................................................................. 173470–35 ................................................................................. 37001–35 

10–60174–46 .............................................................................. Not Applicable ............................................................................ 37001–46 

60B50059–99 .............................................................................. Not Applicable ............................................................................ 38001–99 

60B50059–124 ............................................................................ Not Applicable ............................................................................ 38001–124 

Parts Installation 

(h) As of the effective date of this AD, no 

person may install a crew oxygen hose with 

a part number identified in Table 1 of this 

AD, on any airplane. 

Actions Accomplished According to 

Previous Issue of Service Bulletin 

(i) Actions accomplished before the 

effective date of this AD in accordance with 

Boeing Alert Service Bulletin 737–35A1053, 

dated September 2, 1999; or Boeing Alert 

Service Bulletin 737–35A1058, dated 

September 2, 1999; as applicable; are 

considered acceptable for compliance with 

the corresponding actions specified in this 

AD. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. Send information to ATTN: 

Robert Hettman, Aerospace Engineer, Cabin 

Safety and Environmental Systems Branch, 

ANM–150S, FAA, Seattle ACO, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 917–6457; fax (425) 

917–6590. Or, e-mail information to 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

Issued in Renton, Washington, on January 

8, 2010. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–1176 Filed 1–21–10; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 307 

Request for Comments Concerning 

Regulations Implementing the 

Comprehensive Smokeless Tobacco 

Health Education Act of 1986; 

Termination of Regulatory Review 

AGENCY: Federal Trade Commission. 

ACTION: Notice of Termination of 

Regulatory Rule Review. 

SUMMARY: The Federal Trade 

Commission (‘‘FTC’’ or ‘‘Commission’’) 

has terminated the regulatory review of 

its regulations (‘‘smokeless tobacco 

regulations’’), implementing the 

Comprehensive Smokeless Tobacco 

Health Education Act of 1986 

(‘‘Smokeless Tobacco Act’’). 

EFFECTIVE DATE: December 3, 2009. 

ADDRESSES: Requests for copies of this 

notice should be sent to the Consumer 

Response Center, Room 130, Federal 

Trade Commission, 600 Pennsylvania 

Ave., NW, Washington, DC 20580. The 

notice also is available on the Internet 

on the Commission’s Web site, (http:// 

www.ftc.gov). 

FOR FURTHER INFORMATION CONTACT: 

Shira Modell, Division of Advertising 

Practices, Bureau of Consumer 

Protection, Federal Trade Commission, 

600 Pennsylvania Ave., NW., 

Washington, DC 20580, 202-326-3116. 

SUPPLEMENTARY INFORMATION: In 1986, 

Congress enacted the Smokeless 

Tobacco Act, requiring manufacturers, 

importers, and packagers of smokeless 

tobacco products to display on a 

rotating basis one of three statutory 

health warnings on product packages 

and in most advertising (other than 

billboards). The 1986 Smokeless 

Tobacco Act also directed the FTC to 

issue implementing regulations 

governing the format and display of the 

health warnings. The Commission 

issued its smokeless tobacco regulations 

on November 4, 1986.1 51 FR 40015. 

The Smokeless Tobacco Act also 

directed the FTC to review and approve, 


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Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Proposed Rules 3665 

2 The commenters included Members of 

Congress, officials at federal, state, and local 

government health agencies, the largest smokeless 

tobacco manufacturer, the smokeless tobacco trade 

association, a manufacturer of cigarettes and 

smokeless tobacco products, public health 

organizations, and individuals. 

1 The comments were filed by Members of 

Congress, a state governor, four manufacturers of 

smokeless tobacco products, state health agencies, 

a local chamber of commerce, public health and 

public interest organizations, representatives of 

event-related businesses such as arenas, race track 

owners, team owners, sports sanctioning bodies, 

sporting event announcers, and racing car drivers, 

as well as other individuals. 

if appropriate, smokeless tobacco plans 

specifying how affected companies 

planned to comply with the rotational 

warning requirements specified in the 

Smokeless Tobacco Act and the 

implementing regulations. 

On March 7, 2000, the Commission 

published a request for public comment 

on the regulations, 65 FR 11944, as part 

of its periodic review of its trade 

regulation rules and guides. The 

purpose of the review was to determine 

whether the existing smokeless tobacco 

regulations continued to meet the goals 

of the Smokeless Tobacco Act and to 

provide the protections intended when 

they were promulgated. The comment 

period was extended twice in 2000, 65 

FR 26534 (May 8, 2000) and 65 FR 

60899 (Oct. 13, 2000). The request for 

comments elicited 39 written 

responses.2 Virtually all of the 

comments supported the continuation 

of health warnings on smokeless 

tobacco packages and in advertising. 

Most comments also recommended that 

the FTC amend its regulations to require 

stronger, more effective, and more 

enforceable health warning 

requirements. Members of the smokeless 

tobacco industry recommended against 

any amendments, stating that the 

existing regulations effectively served 

the purpose of the Smokeless Tobacco 

Act. 

On June 22, 2009, President Obama 

signed into law the Family Smoking 

Prevention and Tobacco Control Act, 

Pub. L. No. 111-31, 123 Stat. 1776 

(2009) (‘‘Family Smoking Prevention 

Act’’). The Family Smoking Prevention 

Act, among other things, amends the 

Smokeless Tobacco Act to require new 

size, format, and display requirements 

for the statutory health warnings, and to 

transfer authority over the review and 

approval of rotational warning plans to 

the Secretary of the Department of 

Health and Human Services (‘‘DHHS’’). 

The Family Smoking Prevention Act 

also gives the Secretary of the DHHS 

authority to change the warning 

statements and to change the size, 

format, and display requirements of 

those warnings. The statute specifies 

that the new warning scheme for 

smokeless tobacco products will become 

effective by July 2010. 

Given the new statutory size, format, 

and display requirements, and the 

transfer of authority over the health 

warnings to the DHHS, the 

Commission’s regulatory review has 

been terminated. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2010–1043 Filed 1–21–10; 8:45 am] 

BILLING CODE 6750–01–S 

FEDERAL TRADE COMMISSION 

16 CFR Part 307 

Regulations under the Comprehensive 

Smokeless Tobacco Health Education 

Act; Termination of Rulemaking 

Proceeding 

AGENCY: Federal Trade Commission. 

ACTION: Notice of Termination of 

Rulemaking Proceeding. 

SUMMARY: The Federal Trade 

Commission (‘‘FTC’’ or ‘‘Commission’’) 

has terminated its rulemaking 

concerning a proposed amendment to 

its regulations (‘‘smokeless tobacco 

regulations’’), , implementing the 

Comprehensive Smokeless Tobacco 

Health Education Act of 1986 

(‘‘Smokeless Tobacco Act’’). The 

proposed amendment expressly 

provided that sponsored racing vehicles 

and other event-related objects that 

display the brand name, logo, or selling 

message of smokeless tobacco products 

are advertising subject to the Smokeless 

Tobacco Act and the Commission’s 

implementing regulations. In addition, 

the proposal set out a method for the 

display and rotation of the statutory 

health warnings on the objects subject to 

the amendment. 

EFFECTIVE DATE: December 3, 2009. 

ADDRESSES: Requests for copies of this 

notice should be sent to the Consumer 

Response Center, Room 130, Federal 

Trade Commission, 600 Pennsylvania 

Ave., NW, Washington, DC 20580. The 

notice also is available on the Internet 

on the Commission’s Web site, (http:// 

www.ftc.gov). 

FOR FURTHER INFORMATION CONTACT: 

Shira Modell, Division of Advertising 

Practices, Bureau of Consumer 

Protection, Federal Trade Commission, 

600 Pennsylvania Ave., NW, 

Washington, DC 20580, 202-326-3116. 

SUPPLEMENTARY INFORMATION: In 1991, 

the Coalition on Smoking OR Health 

petitioned the Commission to enforce 

the Smokeless Tobacco Act by requiring 

rotational health warnings on sponsored 

racing cars, banners, flags, and other 

event-related objects. On November 4, 

1993 (58 FR 58810), the FTC published 

a Notice of Proposed Rulemaking 

(‘‘Notice’’) requesting public comment 

on a proposed amendment to the 

Commission’s smokeless tobacco 

regulations that expressly provided that 

sponsored racing vehicles and other 

event-related objects bearing smokeless 

tobacco brand names, logos, or selling 

messages are subject to the statutory 

health warning requirements. The 

Notice also set out a method for 

displaying and rotating the health 

warnings on the objects encompassed by 

the proposed amendment. 

During the public comment period, 

the Commission received approximately 

217 substantive comments, numerous 

petitions signed by members of specific 

racing teams, and about 53,000 

postcards.1 Of the substantive 

comments, 200 opposed the proposed 

regulations and 17 supported the 

proposal to require warnings on 

vehicles and other event-related objects. 

The race team petitions likewise 

generally opposed the proposal, and the 

postcards contained a pre-printed 

message opposing the proposal. 

On June 22, 2009, President Obama 

signed into law the Family Smoking 

Prevention and Tobacco Control Act, 

Pub. L. No. 111-31, 123 Stat. 1776 

(2009) (‘‘Family Smoking Prevention 

Act’’). The Family Smoking Prevention 

Act, among other things, transfers 

authority over the size, format, and 

display of the smokeless tobacco health 

warnings to the Secretary of the 

Department of Health and Human 

Services (‘‘DHHS’’). Thus, pursuant to 

the Family Smoking Prevention Act, 

determinations as to whether and how 

to display and rotate warnings on 

various objects or vehicles will be made 

by DHHS. Further, the Family Smoking 

Prevention Act directs the DHHS to reissue its Regulations Restricting the Sale 

and Distribution of Cigarettes and 

Smokeless Tobacco to Protect Children 

and Adolescents, 61 FR 44615-618 (Aug. 

28, 1996). Those regulations would 

prohibit cigarette and smokeless tobacco 

manufacturers from sponsoring athletic 

and entertainment events using brand 

names, logos, or selling messages. 

Given these legislative and likely 

regulatory changes, the Commission has 

determined that it would be more 

appropriate for the DHHS to consider 

the issues raised in this rulemaking 

proceeding. Accordingly, the 

Commission concludes that it is not in 


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