sample="supplemental" bates="83295344" isource="ll" decade="1990" class="ne" date="19991108" COVINGTON & BURLING 1201 PENNSYLVANIA AVENUE N. W. P.O. BOX 7566 WASHINGTON, D.C., 20044-7566 (202) 662-6000 FACSIMILE (202) 662-6201 LECONFIELD HOUSE CURZON STREET LONDON WIY BAS ENGLAND TELEPHONE: 44-7-495-5655 FACSIMILE: 44-7-495-3101 BRUSSELS OFFICE KUNSTLAAN 44 AVENUE DES ARTS BRUSSELS 1040 BELGIUM TELEPHONE 32-2-549-5236 FACSIMILE 32-2-503-1598 PATRICIA A. BARALD DIRECT DIAL NUMBER (202) 662-5358 DIRECT FACSIMILE NUMBER (202) 476-5358 November 8, 1999 Philip Huang, M.D. Bureau Chief Bureau of Disease And Injury Prevention Texas Department of Health 1100 West 49th Street Austin, Texas 78756 Re: Multiplier Equation for Predicting "Average" Smoke Nicotine Yields for Brand Families With A National Market Share of Less Than 3% Dear Dr. Huang: The recent amendments to the Department's nicotine reporting regulations provide for the application of a multiplier equation to standard FTC nicotine values, as published in the Federal Register, in order to predict "average" smoke nicotine yields for cigarettes in brand families that have less than a three percent national market share. 25 TAC § 101.5. Attached are the data pairs, consisting of an FTC nicotine yield value and an "average nicotine yield" value, determined on the basis of Massachusetts test data, used to derive the multiplier equation for use in reporting during the current period in both Massachusetts and Texas. The proposed equation is: formulaname where x= the most recently reported FTC nicotine yield and y= the predicted "average nicotine yield." This equation has been provided to Massachusetts as well as to Texas. Assuming that the proposed amendments to the Texas regulations are finalized, the companies, in reporting "average nicotine yield" values for brands sold in Texas with a national market share under three percent, intend to use this equation. Sincerely yours, Patricia A. Barald