Notice to Mediation Agency
| Published date | 13 September 2021 |
| Citation | 86 FR 50855 |
| Record Number | 2021-19615 |
| Section | Rules and Regulations |
| Court | Federal Mediation And Conciliation Service |
50855
Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations
1
R.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).
2
R.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.
3
R.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.
4
R.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.
5
R.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.
6
R.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 Labor-
Management 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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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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