Automotive Fuel Ratings, Certification and Posting, 86914-86915 [2016-29006]

Download as PDF 86914 Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Rules and Regulations be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (i)(4)(i) and (i)(4)(ii) of this AD apply. (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or sub-step is labeled ‘‘RC Exempt,’’ then the RC requirement is removed from that step or sub-step. An AMOC is required for any deviations to RC steps, including substeps and identified figures. (ii) Steps not labeled as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition. jstallworth on DSK7TPTVN1PROD with RULES (j) Related Information (1) For more information about this AD, contact Fnu Winarto, Aerospace Engineer, Systems and Equipment Branch, ANM–130S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6659; fax: 425– 917–6590; email: fnu.winarto@faa.gov. (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (k)(3) and (k)(4) of this AD. (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Boeing Alert Service Bulletin B787– 81205–SB270040–00, Issue 001, dated November 25, 2016. (ii) Reserved. (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; Internet https:// www.myboeingfleet.com. (4) You may view this service information at the FAA, Transport Airplane Directorate, VerDate Sep<11>2014 14:49 Dec 01, 2016 Jkt 241001 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Renton, Washington, on November 28, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016–29064 Filed 12–1–16; 8:45 am] BILLING CODE 4910–13–P FEDERAL TRADE COMMISSION 16 CFR Part 306 Automotive Fuel Ratings, Certification and Posting Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’). ACTION: Grant of partial exemption from the Commission’s automotive fuel ratings, certification, and posting rule. AGENCY: The Commission grants the petition of gasoline dispenser manufacturer Gilbarco, Inc. (‘‘Gilbarco’’) requesting permission for ethanol flex fuel retailers to post ethanol flex fuel rating labels that differ from size and shape specifications in the Commission’s Rule for Automotive Fuel Ratings, Certification and Posting (‘‘Rule’’). The Commission grants the partial exemption without a notice and comment period because ‘‘for good cause’’ the Commission finds that notice and comment is unnecessary in this case. The Commission previously granted similar requests from Gilbarco and other dispenser manufacturers without notice and comment procedures. SUMMARY: This partial exemption is effective December 2, 2016. DATES: for automotive gasoline.1 Pursuant to section 1501 of the Energy Policy Act of 1992, 106 Stat. 2776, the Commission then amended the Rule in 1993 to require a rating disclosure for liquid alternative fuels, including gasolineethanol blends above 10 percent ethanol (‘‘Ethanol Flex Fuels’’).2 On January 14, 2016, the Commission established a new Ethanol Flex Fuel rating and label, effective July 14, 2016.3 Section 306.10 of the Rule requires that retailers post on automotive fuel dispensers a fuel rating label for each kind of automotive fuel sold from the dispenser. Retailers must post labels conspicuously on the dispenser in consumers’ full view and as near as reasonably practical to the fuel price. Section 306.12 of the Rule details label color scheme, shape, size, textual content, and font type and point size. Ethanol Flex Fuel labels must be orange, rectangular, and 3 inches (7.62 cm) wide x 2 1⁄2 inches (6.35 cm) long. In addition, the percentage of ethanol content must be printed in orange font within a 1 inch (2.54 cm) deep black band across the top of the label. Below the band, the label must state ‘‘Use Only in Flex Fuel Vehicles/May Harm Other Engines.’’ II. Gilbarco’s Prior Petitions In 1988 and 1995, the Commission granted Gilbarco partial exemptions to allow retailers to post octane labels smaller than required by the Rule. As here, Gilbarco requested the exemption to allow retailers to display the labels on the buttons consumers press to select a particular automotive fuel on multiblend fuel dispensers (‘‘button labels’’).4 In those instances, the Commission exempted button labels that measured 3 inches (7.62 cm) wide x 2.3 inches (5.84 cm) long and 2.74 inches (6.96 cm) wide x 1.80 inches (4.57 cm) long. Furthermore, the font point size differed from Rule’s requirements, and the exempted labels added the word ‘‘Press.’’ I. The Fuel Rating Rule III. Gilbarco’s Current Petition Gibarco now requests an exemption for smaller label dimensions for Ethanol Flex Fuel button labels and to include the word ‘‘Press’’ in the label’s black band. In addition, Gilbarco requests permission to post dome-shaped button labels in lieu of rectangular labels for certain dispenser designs. The proposed rectangular labels are 2.38 inches (6.05 The Rule provides procedures for determining, certifying, and posting, through fuel dispenser labels, a rating for automotive fuels intended for consumer sale. As originally published, the Rule required only an octane rating 1 See Octane Posting and Certification Rule, 44 FR 19160 (Mar. 30, 1979). 2 58 FR 41356, 41372 (Aug. 3, 1993). 3 81 FR 2054 (Jan. 14, 2016). 4 See 60 FR 57584 (Nov. 16, 1995); 53 FR 29277 (Aug. 3, 1988). R. Michael Waller, (202) 326–2902, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\02DER1.SGM 02DER1 Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Rules and Regulations cm) wide x 2.27 inches (5.77 cm) long, and the dome-shaped labels have an outside dimension of 2.378 inches (6.04 cm) wide x 2.717 (6.90 cm) inches long. In addition, the black band across the top of the dome-shaped label is 0.277 inches (0.70 cm) wider than specified in the Rule. The labels’ background and text insertions otherwise comply with the Rule’s color scheme, content, and font type and point size requirements. IV. Discussion The Commission reviewed mock-ups of the proposed rectangular and domeshaped labels and concludes that the proposed labels adequately meet the Rule’s labeling requirements by providing clear and conspicuous disclosure of all the required information and maintaining the Rule’s color scheme and font type and point size requirements. Moreover, the Commission’s experience with similar exemptions does not indicate that button labels confuse consumers or otherwise impede comprehension of the fuel rating. To the contrary, these labels may increase the likelihood that consumers see the fuel rating because they must choose and press the button before fueling. Furthermore, pursuant to Rule 1.26, the Commission for good cause finds that notice and comment is unnecessary in this case because the exemption involves a technical and minor deviation from the Rule’s labeling requirements and does not impose any new legal obligations on parties subject to the Rule.5 Moreover, the Commission has previously granted similar exemptions from the Rule’s labeling requirements, and this exemption is consistent with those prior determinations.6 V. Conclusion Therefore, the Commission grants Gilbarco and retailers permission to use the proposed rectangular and domeshaped button labels on Ethanol Flex Fuel dispenser buttons, provided that Gilbarco and retailers comply with the Rule’s specifications in all other respects. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2016–29006 Filed 12–1–16; 8:45 am] jstallworth on DSK7TPTVN1PROD with RULES BILLING CODE 6750–01–P 5 See 16 CFR 1.26. For these reasons, the Commission also finds good cause for making this exemption effective immediately. 6 See, e.g., Rule exemptions granted to Gilbarco, 60 FR 57584 (Nov. 16, 1995), 53 FR 29277 (Aug. 3, 1988); Dresser Industries, Inc., 56 FR 26821 (June 11, 1991); and Exxon Corporation, 54 FR 14072 (Apr. 7, 1989). VerDate Sep<11>2014 14:49 Dec 01, 2016 Jkt 241001 SOCIAL SECURITY ADMINISTRATION 20 CFR Part 404 [Docket No. SSA–2007–0082] RIN 0960–AG71 Revised Medical Criteria for Evaluating Human Immunodeficiency Virus (HIV) Infection and for Evaluating Functional Limitations in Immune System Disorders Social Security Administration. Final rule. AGENCY: ACTION: We are revising the criteria in the Listing of Impairments (listings) that we use to evaluate claims involving human immunodeficiency virus (HIV) infection in adults and children under titles II and XVI of the Social Security Act (Act). We also are revising the introductory text of the listings that we use to evaluate functional limitations resulting from immune system disorders. The revisions reflect our program experience, advances in medical knowledge, our adjudicative experience, recommendations from a commissioned report, and comments from medical experts and the public. DATES: These rules are effective January 17, 2017. FOR FURTHER INFORMATION CONTACT: Cheryl Williams, Office of Disability Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, Maryland 21235–6401, (410) 965–1020. For information on eligibility or filing for benefits, call our national toll-free number, 1–800–772–1213, or TTY 1– 800–325–0778, or visit our Internet site, Social Security Online, at https:// www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background We are revising and making final the rule for evaluating HIV infection we proposed in a Notice of Proposed Rulemaking (NPRM) published in the Federal Register on February 26, 2014 (79 FR 10730), and a correction to the proposed rule on March 25, 2014 (79 FR 16250). Even though this rule will not go into effect until January 17, 2017, for clarity, we refer to it in this preamble as the ‘‘final’’ rule. We are making several changes in this final rule from the NPRM based upon some of the public comments we received. We are also making minor editorial changes throughout this final rule. We explain these changes below in the ‘‘Summary of Public Comments on the NPRM’’ section of this preamble. The preamble to the NPRM provided an explanation of the changes from the PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 86915 current rules and our reasons for proposing those changes. To the extent that we are adopting the proposed rule as published, we are not repeating that information here. You can view the NPRM by visiting https:// www.regulations.gov and searching for document SSA–2007–0082. Why are we revising the listings for evaluating HIV infection? We are revising the listings for evaluating HIV infection to reflect our program experience and advances in medical knowledge since we last revised the listings related to HIV infection, recommendations from a commissioned report,1 and a number of public comments. We received comments from medical experts and the public at an outreach policy conference, in response to an Advance Notice of Proposed Rulemaking (ANPRM),2 and in response to the NPRM. Although we published final rules for immune system disorders on March 18, 2008, that included changes to listings 14.08 and 114.08,3 the criteria in the current HIV infection listings are not substantively different from the criteria in the final rules we published on July 2, 1993.4 We indicated in the preamble to those rules that we would carefully monitor these listings to ensure that they continue to meet program purposes, and that we would update them if warranted. Other Information In the NPRM, we proposed to remove listing 114.08H for evaluating growth disturbance with an involuntary weight loss (or failure to gain weight at an appropriate rate for age) that meets specified criteria. We proposed instead to evaluate this impairment under a growth impairment listing in 100.00 or a digestive system listing in 105.00. On April 13, 2015, we published a final rule for growth disorders and weight loss in children in 100.00 that retained a listing in 114.00 for growth failure due to HIV immune suppression.5 We are repeating that listing here for clarity. We have redesignated the listing as 114.11I and the related introductory text as 114.00F7. Summary of Public Comments on the NPRM In the NPRM, we provided the public with a 60-day comment period, and we subsequently extended the comment 1 Institute of Medicine. (2010). HIV and Disability: Updating the Social Security Listings. Washington, DC: The National Academies Press. 2 73 FR 14409. 3 73 FR 14570. 4 58 FR 36051. 5 80 FR 19522. E:\FR\FM\02DER1.SGM 02DER1

Agencies

FEDERAL TRADE COMMISSION

[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Rules and Regulations]
[Pages 86914-86915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29006]


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FEDERAL TRADE COMMISSION

16 CFR Part 306


Automotive Fuel Ratings, Certification and Posting

AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').

ACTION: Grant of partial exemption from the Commission's automotive 
fuel ratings, certification, and posting rule.

-----------------------------------------------------------------------

SUMMARY: The Commission grants the petition of gasoline dispenser 
manufacturer Gilbarco, Inc. (``Gilbarco'') requesting permission for 
ethanol flex fuel retailers to post ethanol flex fuel rating labels 
that differ from size and shape specifications in the Commission's Rule 
for Automotive Fuel Ratings, Certification and Posting (``Rule''). The 
Commission grants the partial exemption without a notice and comment 
period because ``for good cause'' the Commission finds that notice and 
comment is unnecessary in this case. The Commission previously granted 
similar requests from Gilbarco and other dispenser manufacturers 
without notice and comment procedures.

DATES: This partial exemption is effective December 2, 2016.

FOR FURTHER INFORMATION CONTACT: R. Michael Waller, (202) 326-2902, 
Attorney, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 
20580.

SUPPLEMENTARY INFORMATION: 

I. The Fuel Rating Rule

    The Rule provides procedures for determining, certifying, and 
posting, through fuel dispenser labels, a rating for automotive fuels 
intended for consumer sale. As originally published, the Rule required 
only an octane rating for automotive gasoline.\1\ Pursuant to section 
1501 of the Energy Policy Act of 1992, 106 Stat. 2776, the Commission 
then amended the Rule in 1993 to require a rating disclosure for liquid 
alternative fuels, including gasoline-ethanol blends above 10 percent 
ethanol (``Ethanol Flex Fuels'').\2\ On January 14, 2016, the 
Commission established a new Ethanol Flex Fuel rating and label, 
effective July 14, 2016.\3\
---------------------------------------------------------------------------

    \1\ See Octane Posting and Certification Rule, 44 FR 19160 (Mar. 
30, 1979).
    \2\ 58 FR 41356, 41372 (Aug. 3, 1993).
    \3\ 81 FR 2054 (Jan. 14, 2016).
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    Section 306.10 of the Rule requires that retailers post on 
automotive fuel dispensers a fuel rating label for each kind of 
automotive fuel sold from the dispenser. Retailers must post labels 
conspicuously on the dispenser in consumers' full view and as near as 
reasonably practical to the fuel price.
    Section 306.12 of the Rule details label color scheme, shape, size, 
textual content, and font type and point size. Ethanol Flex Fuel labels 
must be orange, rectangular, and 3 inches (7.62 cm) wide x 2 \1/2\ 
inches (6.35 cm) long. In addition, the percentage of ethanol content 
must be printed in orange font within a 1 inch (2.54 cm) deep black 
band across the top of the label. Below the band, the label must state 
``Use Only in Flex Fuel Vehicles/May Harm Other Engines.''

II. Gilbarco's Prior Petitions

    In 1988 and 1995, the Commission granted Gilbarco partial 
exemptions to allow retailers to post octane labels smaller than 
required by the Rule. As here, Gilbarco requested the exemption to 
allow retailers to display the labels on the buttons consumers press to 
select a particular automotive fuel on multi-blend fuel dispensers 
(``button labels'').\4\ In those instances, the Commission exempted 
button labels that measured 3 inches (7.62 cm) wide x 2.3 inches (5.84 
cm) long and 2.74 inches (6.96 cm) wide x 1.80 inches (4.57 cm) long. 
Furthermore, the font point size differed from Rule's requirements, and 
the exempted labels added the word ``Press.''
---------------------------------------------------------------------------

    \4\ See 60 FR 57584 (Nov. 16, 1995); 53 FR 29277 (Aug. 3, 1988).
---------------------------------------------------------------------------

III. Gilbarco's Current Petition

    Gibarco now requests an exemption for smaller label dimensions for 
Ethanol Flex Fuel button labels and to include the word ``Press'' in 
the label's black band. In addition, Gilbarco requests permission to 
post dome-shaped button labels in lieu of rectangular labels for 
certain dispenser designs. The proposed rectangular labels are 2.38 
inches (6.05

[[Page 86915]]

cm) wide x 2.27 inches (5.77 cm) long, and the dome-shaped labels have 
an outside dimension of 2.378 inches (6.04 cm) wide x 2.717 (6.90 cm) 
inches long. In addition, the black band across the top of the dome-
shaped label is 0.277 inches (0.70 cm) wider than specified in the 
Rule. The labels' background and text insertions otherwise comply with 
the Rule's color scheme, content, and font type and point size 
requirements.

IV. Discussion

    The Commission reviewed mock-ups of the proposed rectangular and 
dome-shaped labels and concludes that the proposed labels adequately 
meet the Rule's labeling requirements by providing clear and 
conspicuous disclosure of all the required information and maintaining 
the Rule's color scheme and font type and point size requirements. 
Moreover, the Commission's experience with similar exemptions does not 
indicate that button labels confuse consumers or otherwise impede 
comprehension of the fuel rating. To the contrary, these labels may 
increase the likelihood that consumers see the fuel rating because they 
must choose and press the button before fueling.
    Furthermore, pursuant to Rule 1.26, the Commission for good cause 
finds that notice and comment is unnecessary in this case because the 
exemption involves a technical and minor deviation from the Rule's 
labeling requirements and does not impose any new legal obligations on 
parties subject to the Rule.\5\ Moreover, the Commission has previously 
granted similar exemptions from the Rule's labeling requirements, and 
this exemption is consistent with those prior determinations.\6\
---------------------------------------------------------------------------

    \5\ See 16 CFR 1.26. For these reasons, the Commission also 
finds good cause for making this exemption effective immediately.
    \6\ See, e.g., Rule exemptions granted to Gilbarco, 60 FR 57584 
(Nov. 16, 1995), 53 FR 29277 (Aug. 3, 1988); Dresser Industries, 
Inc., 56 FR 26821 (June 11, 1991); and Exxon Corporation, 54 FR 
14072 (Apr. 7, 1989).
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V. Conclusion

    Therefore, the Commission grants Gilbarco and retailers permission 
to use the proposed rectangular and dome-shaped button labels on 
Ethanol Flex Fuel dispenser buttons, provided that Gilbarco and 
retailers comply with the Rule's specifications in all other respects.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2016-29006 Filed 12-1-16; 8:45 am]
 BILLING CODE 6750-01-P

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