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

Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G335, Silver Spring, MD
209930002, 18772871371, 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. 11131 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. 8992
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 201b 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 1 R.J. Reynolds Tobacco Co. et al. v. United States Food and Drug Administration et al., No. 6:20cv 00176 E.D. Tex. filed April 3, 2020.
2 R.J. Reynolds Tobacco Co., No. 6:20cv00176
E.D. Tex. May 8, 2020 order granting joint motion and establishing schedule, Doc. No. 33.
3 R.J. Reynolds Tobacco Co., No. 6:20cv00176
E.D. Tex. December 2, 2020 order granting Plaintiffs motion and postponing effective date, Doc. No. 80.
4 R.J. Reynolds Tobacco Co., No. 6:20cv00176
E.D. Tex. March 2, 2021 order granting Plaintiffs motion and postponing effective date, Doc. No. 89.
5 R.J. Reynolds Tobacco Co., No. 6:20cv00176
E.D. Tex. May 21, 2021 order granting Plaintiffs motion and postponing effective date, Doc. No. 91.
6 R.J. Reynolds Tobacco Co., No. 6:20cv00176
E.D. Tex. August 18, 2021 order postponing effective date, Doc. No. 92.

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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 Agencys 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.
553bB. Seeking public comment is impracticable, unnecessary, and contrary to the public interest. The 90day postponement of the effective date, until October 11, 2022, is required by court order in accordance with the courts authority to postpone a rules 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. 202119688 Filed 91021; 8:45 am BILLING CODE 416401P

FEDERAL MEDIATION AND
CONCILIATION SERVICE
29 CFR Part 1402
RIN 3076AA16

Notice to Mediation Agency Federal Mediation and Conciliation Service FMCS.
ACTION: Final rule.
AGENCY:

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 F7 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, 2026068103.
SUPPLEMENTARY INFORMATION:
SUMMARY:

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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. 158d3. This modification changes the submission process of information collection request, Notice to Mediation Agency Agency Form F7, from mail-in to electronic submission.
This revision is necessary to increase efficiency of FMCS both by allowing FMCS to receive Agency Form F7s 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 FormF7, 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 8d3, 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 F7, for use by the parties in filing a notice of
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