[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Notices]
[Page 44268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17421]
[[Page 44268]]
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FEDERAL TRADE COMMISSION
[Project No. P944509]
Reopening and Extension of Time for Comments Concerning Proposal
to Rescind Guidance Concerning the Current Cigarette Test Method
AGENCY: Federal Trade Commission.
ACTION: Notice of extension of comment period.
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SUMMARY: The Federal Trade Commission [bs](``FTC'' or
``Commission'') has extended the date by which comments must be
submitted concerning its proposal to rescind Commission guidance that
it is generally not a violation of the FTC Act to make factual
statements of the tar and nicotine yields of cigarettes when statements
of such yields are supported by testing conducted pursuant to the
Cambridge Filter Method. This document informs prospective commenters
of this change and sets a new date of September 12, 2008.
DATES: Comments must be submitted on or before September 12, 2008.
ADDRESSES: Interested parties are invited to submit comments. Comments
should refer to ``Cigarette Test Method, [P944509]'' to facilitate the
organization of comments. A comment filed in paper form should include
this reference both in the text and on the envelope, and should be
mailed or delivered, with two complete copies, to the following
address: Federal Trade Commission, Office of the Secretary, Room H-135
(Annex L), 600 Pennsylvania Avenue, NW., Washington, DC 20580. Because
paper mail in the Washington area and at the Commission is subject to
delay, please consider submitting your comments in electronic form, as
described below. However, if the comment contains any material for
which confidential treatment is requested, it must be filed in paper
form, and the first page of the document must be clearly labeled
``Confidential.'' \1\
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\1\ Commission Rule 4.2(d), 16 CFR 4.2(d). The comment must be
accompanied by an explicit request for confidential treatment,
including the factual and legal basis for the request, and must
identify the specific portions of the comment to be withheld from
the public record. The request will be granted or denied by the
Commission's General Counsel, consistent with applicable law and the
public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c).
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Comments filed in electronic form should be submitted by following
the instructions on the web-based form at https://secure.commentworks.com/ftc-CigaretteTestMethod. To ensure that the
Commission considers an electronic comment, you must file it on the
web-based form at the https://secure.commentworks.com/ftc-CigaretteTestMethod weblink. If this Notice appears at http://www.regulations.gov, you may also file an electronic comment through
that Web site. The Commission will consider all comments that
regulations.gov forwards to it.
The FTC Act and other laws the Commission administers permit the
collection of public comments to consider and use in this proceeding as
appropriate. All timely and responsive public comments, whether filed
in paper or electronic form, will be considered by the Commission, and
will be available to the public on the FTC Web site, to the extent
practicable, at http://www.ftc.gov. As a matter of discretion, the FTC
makes every effort to remove home contact information for individuals
from the public comments it receives before placing those comments on
the FTC Web site. More information, including routine uses permitted by
the Privacy Act, may be found in the FTC's privacy policy at http://www.ftc.gov/ftc/privacy/htm.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be addressed to Rosemary Rosso, Senior Attorney, Division of
Advertising Practices, Bureau of Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580, (202)
326-2174.
SUPPLEMENTARY INFORMATION: On July 14, 2008, the Commission published
in the Federal Register a Request for Comments on its proposal to
rescind the FTC's guidance concerning the current cigarette test
method.\2\ That guidance, announced in 1966, indicates that factual
statements of tar and nicotine yields based on the Cambridge Filter
Method generally will not violate the FTC Act.\3\ If the Commission
withdraws this guidance, advertisers should not use terms such as ``per
FTC Method'' or other phrases that state or imply FTC endorsement or
approval of the Cambridge Filter Method or other machine-based test
methods. The Federal Register Notice (``Notice'') sought public comment
on its proposal as well as comment on the effects the proposal would
likely have on smokers' purchases of cigarettes and/or their smoking
behavior. Pursuant to this Federal Register Notice, the current comment
period is scheduled to end on August 13, 2008.
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\2\ 73 FR 40,350 (Jul. 14, 2008).
\3\ For some time, the Commission has been concerned that the
machine-measured yields determined by the Cambridge Filter Method
may be misleading to individual consumers who rely on the yields as
indicators of the amount of tar, nicotine, and carbon monoxide they
actually will get from smoking a particular cigarette. In fact, the
current yields tend to be relatively poor indicators of tar,
nicotine, and carbon monoxide exposure, and do not provide a good
basis for comparison among cigarettes.
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Philip Morris USA has requested that the Commission extend the
comment period for an additional 60 days, or through October 14, 2008.
According to Philip Morris, the extension will allow it and other
interested parties to prepare more considered and comprehensive
comments.
The Commission appreciates the need to provide adequate opportunity
for commenters to submit timely comments. The Commission likewise
recognizes the need to obtain comments from parties directly affected
by the proposal. The Commission believes that an additional 30 days is
sufficient to allow commenters to provide considered and comprehensive
comments. Accordingly, the Commission has decided to extend the
deadline for comments until September 12, 2008.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E8-17421 Filed 7-29-08; 8:45 am]
BILLING CODE 6750-01-P