81 FR 86914 - Automotive Fuel Ratings, Certification and Posting
FEDERAL TRADE COMMISSION Federal Register Volume 81, Issue 232 (December 2, 2016)
Federal Register Volume 81, Issue 232 (December 2, 2016)
| Page Range | 86914-86915 | |
| FR Document | 2016-29006 |
[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)] [Rules and Regulations] [Pages 86914-86915] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29006] ======================================================================= ----------------------------------------------------------------------- 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). --------------------------------------------------------------------------- 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). --------------------------------------------------------------------------- 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
![86914 Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Rules and Regulations
be emailed to: 9-ANM-Seattle-ACO-AMOC- 1601 Lind Avenue SW., Renton, WA. For for automotive gasoline.1 Pursuant to
Requests@faa.gov. information on the availability of this section 1501 of the Energy Policy Act of
(2) Before using any approved AMOC, material at the FAA, call 425–227–1221. 1992, 106 Stat. 2776, the Commission
notify your appropriate principal inspector, (5) You may view this service information then amended the Rule in 1993 to
or lacking a principal inspector, the manager that is incorporated by reference at the
of the local flight standards district office/ National Archives and Records
require a rating disclosure for liquid
certificate holding district office. Administration (NARA). For information on alternative fuels, including gasoline-
(3) An AMOC that provides an acceptable the availability of this material at NARA, call ethanol blends above 10 percent ethanol
level of safety may be used for any repair, 202–741–6030, or go to: http:// (‘‘Ethanol Flex Fuels’’).2 On January 14,
modification, or alteration required by this www.archives.gov/federal-register/cfr/ibr- 2016, the Commission established a new
AD if it is approved by the Boeing locations.html. Ethanol Flex Fuel rating and label,
Commercial Airplanes Organization effective July 14, 2016.3
Designation Authorization (ODA) that has Issued in Renton, Washington, on
November 28, 2016. Section 306.10 of the Rule requires
been authorized by the Manager, Seattle
ACO, to make those findings. To be Michael Kaszycki, that retailers post on automotive fuel
approved, the repair method, modification dispensers a fuel rating label for each
Acting Manager, Transport Airplane
deviation, or alteration deviation must meet Directorate, Aircraft Certification Service.
kind of automotive fuel sold from the
the certification basis of the airplane, and the dispenser. Retailers must post labels
[FR Doc. 2016–29064 Filed 12–1–16; 8:45 am]
approval must specifically refer to this AD. conspicuously on the dispenser in
(4) For service information that contains BILLING CODE 4910–13–P
consumers’ full view and as near as
steps that are labeled as Required for reasonably practical to the fuel price.
Compliance (RC), the provisions of Section 306.12 of the Rule details
paragraphs (i)(4)(i) and (i)(4)(ii) of this AD FEDERAL TRADE COMMISSION label color scheme, shape, size, textual
apply.
content, and font type and point size.
(i) The steps labeled as RC, including 16 CFR Part 306
substeps under an RC step and any figures Ethanol Flex Fuel labels must be orange,
identified in an RC step, must be done to rectangular, and 3 inches (7.62 cm) wide
Automotive Fuel Ratings, Certification
comply with the AD. If a step or sub-step is x 2 1⁄2 inches (6.35 cm) long. In
and Posting
labeled ‘‘RC Exempt,’’ then the RC addition, the percentage of ethanol
requirement is removed from that step or AGENCY: Federal Trade Commission content must be printed in orange font
sub-step. An AMOC is required for any (‘‘FTC’’ or ‘‘Commission’’). within a 1 inch (2.54 cm) deep black
deviations to RC steps, including substeps band across the top of the label. Below
and identified figures. ACTION: Grant of partial exemption from
the Commission’s automotive fuel the band, the label must state ‘‘Use Only
(ii) Steps not labeled as RC may be
deviated from using accepted methods in ratings, certification, and posting rule. in Flex Fuel Vehicles/May Harm Other
accordance with the operator’s maintenance Engines.’’
or inspection program without obtaining SUMMARY: The Commission grants the
II. Gilbarco’s Prior Petitions
approval of an AMOC, provided the RC steps, petition of gasoline dispenser
including substeps and identified figures, can manufacturer Gilbarco, Inc. (‘‘Gilbarco’’) In 1988 and 1995, the Commission
still be done as specified, and the airplane requesting permission for ethanol flex granted Gilbarco partial exemptions to
can be put back in an airworthy condition. fuel retailers to post ethanol flex fuel allow retailers to post octane labels
(j) Related Information rating labels that differ from size and smaller than required by the Rule. As
shape specifications in the here, Gilbarco requested the exemption
(1) For more information about this AD, to allow retailers to display the labels on
contact Fnu Winarto, Aerospace Engineer, Commission’s Rule for Automotive Fuel
Systems and Equipment Branch, ANM–130S, Ratings, Certification and Posting the buttons consumers press to select a
FAA, Seattle Aircraft Certification Office (‘‘Rule’’). The Commission grants the particular automotive fuel on multi-
(ACO), 1601 Lind Avenue SW., Renton, WA partial exemption without a notice and blend fuel dispensers (‘‘button labels’’).4
98057–3356; phone: 425–917–6659; fax: 425– comment period because ‘‘for good In those instances, the Commission
917–6590; email: fnu.winarto@faa.gov. cause’’ the Commission finds that notice exempted button labels that measured 3
(2) Service information identified in this inches (7.62 cm) wide x 2.3 inches (5.84
and comment is unnecessary in this
AD that is not incorporated by reference is cm) long and 2.74 inches (6.96 cm) wide
available at the addresses specified in case. The Commission previously
granted similar requests from Gilbarco x 1.80 inches (4.57 cm) long.
paragraphs (k)(3) and (k)(4) of this AD. Furthermore, the font point size differed
and other dispenser manufacturers
(k) Material Incorporated by Reference without notice and comment from Rule’s requirements, and the
(1) The Director of the Federal Register procedures. exempted labels added the word
approved the incorporation by reference ‘‘Press.’’
(IBR) of the service information listed in this DATES: This partial exemption is
paragraph under 5 U.S.C. 552(a) and 1 CFR effective December 2, 2016. III. Gilbarco’s Current Petition
part 51. FOR FURTHER INFORMATION CONTACT: R. Gibarco now requests an exemption
(2) You must use this service information Michael Waller, (202) 326–2902, for smaller label dimensions for Ethanol
as applicable to do the actions required by Attorney, Division of Enforcement, Flex Fuel button labels and to include
this AD, unless the AD specifies otherwise. the word ‘‘Press’’ in the label’s black
(i) Boeing Alert Service Bulletin B787–
Bureau of Consumer Protection, Federal
Trade Commission, 600 Pennsylvania band. In addition, Gilbarco requests
81205–SB270040–00, Issue 001, dated
November 25, 2016. Avenue NW., Washington, DC 20580. permission to post dome-shaped button
(ii) Reserved. SUPPLEMENTARY INFORMATION: labels in lieu of rectangular labels for
(3) For service information identified in certain dispenser designs. The proposed
jstallworth on DSK7TPTVN1PROD with RULES
this AD, contact Boeing Commercial I. The Fuel Rating Rule rectangular labels are 2.38 inches (6.05
Airplanes, Attention: Contractual & Data The Rule provides procedures for
Services (C&DS), 2600 Westminster Blvd., 1 See Octane Posting and Certification Rule, 44 FR
MC 110–SK57, Seal Beach, CA 90740–5600;
determining, certifying, and posting,
19160 (Mar. 30, 1979).
telephone 562–797–1717; Internet https:// through fuel dispenser labels, a rating 2 58 FR 41356, 41372 (Aug. 3, 1993).
www.myboeingfleet.com. for automotive fuels intended for 3 81 FR 2054 (Jan. 14, 2016).
(4) You may view this service information consumer sale. As originally published, 4 See 60 FR 57584 (Nov. 16, 1995); 53 FR 29277
at the FAA, Transport Airplane Directorate, the Rule required only an octane rating (Aug. 3, 1988).
VerDate Sep<11>2014 14:49 Dec 01, 2016 Jkt 241001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\02DER1.SGM 02DER1](https://thefederalregister.org/doc/81_FR_87146/page/1.svg)
![Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Rules and Regulations 86915
cm) wide x 2.27 inches (5.77 cm) long, SOCIAL SECURITY ADMINISTRATION current rules and our reasons for
and the dome-shaped labels have an proposing those changes. To the extent
outside dimension of 2.378 inches (6.04 20 CFR Part 404 that we are adopting the proposed rule
cm) wide x 2.717 (6.90 cm) inches long. [Docket No. SSA–2007–0082] as published, we are not repeating that
In addition, the black band across the information here. You can view the
top of the dome-shaped label is 0.277 RIN 0960–AG71 NPRM by visiting http://
inches (0.70 cm) wider than specified in www.regulations.gov and searching for
the Rule. The labels’ background and Revised Medical Criteria for Evaluating document SSA–2007–0082.
text insertions otherwise comply with Human Immunodeficiency Virus (HIV)
Infection and for Evaluating Functional Why are we revising the listings for
the Rule’s color scheme, content, and
Limitations in Immune System evaluating HIV infection?
font type and point size requirements.
Disorders We are revising the listings for
IV. Discussion evaluating HIV infection to reflect our
AGENCY: Social Security Administration.
The Commission reviewed mock-ups program experience and advances in
ACTION: Final rule.
of the proposed rectangular and dome- medical knowledge since we last
shaped labels and concludes that the SUMMARY: We are revising the criteria in revised the listings related to HIV
proposed labels adequately meet the the Listing of Impairments (listings) that infection, recommendations from a
Rule’s labeling requirements by we use to evaluate claims involving commissioned report,1 and a number of
providing clear and conspicuous human immunodeficiency virus (HIV) public comments. We received
disclosure of all the required infection in adults and children under comments from medical experts and the
information and maintaining the Rule’s titles II and XVI of the Social Security public at an outreach policy conference,
color scheme and font type and point Act (Act). We also are revising the in response to an Advance Notice of
size requirements. Moreover, the introductory text of the listings that we Proposed Rulemaking (ANPRM),2 and
Commission’s experience with similar use to evaluate functional limitations in response to the NPRM. Although we
exemptions does not indicate that resulting from immune system published final rules for immune system
button labels confuse consumers or disorders. The revisions reflect our disorders on March 18, 2008, that
otherwise impede comprehension of the program experience, advances in included changes to listings 14.08 and
fuel rating. To the contrary, these labels medical knowledge, our adjudicative 114.08,3 the criteria in the current HIV
may increase the likelihood that experience, recommendations from a infection listings are not substantively
consumers see the fuel rating because commissioned report, and comments different from the criteria in the final
they must choose and press the button from medical experts and the public. rules we published on July 2, 1993.4 We
before fueling. indicated in the preamble to those rules
DATES: These rules are effective January
Furthermore, pursuant to Rule 1.26, that we would carefully monitor these
the Commission for good cause finds 17, 2017.
listings to ensure that they continue to
that notice and comment is unnecessary FOR FURTHER INFORMATION CONTACT:
meet program purposes, and that we
in this case because the exemption Cheryl Williams, Office of Disability would update them if warranted.
involves a technical and minor Policy, Social Security Administration,
deviation from the Rule’s labeling 6401 Security Boulevard, Baltimore, Other Information
requirements and does not impose any Maryland 21235–6401, (410) 965–1020. In the NPRM, we proposed to remove
new legal obligations on parties subject For information on eligibility or filing listing 114.08H for evaluating growth
to the Rule.5 Moreover, the Commission for benefits, call our national toll-free disturbance with an involuntary weight
has previously granted similar number, 1–800–772–1213, or TTY 1– loss (or failure to gain weight at an
exemptions from the Rule’s labeling 800–325–0778, or visit our Internet site, appropriate rate for age) that meets
requirements, and this exemption is Social Security Online, at http:// specified criteria. We proposed instead
consistent with those prior www.socialsecurity.gov. to evaluate this impairment under a
determinations.6 SUPPLEMENTARY INFORMATION: growth impairment listing in 100.00 or
a digestive system listing in 105.00. On
V. Conclusion Background April 13, 2015, we published a final rule
Therefore, the Commission grants We are revising and making final the for growth disorders and weight loss in
Gilbarco and retailers permission to use rule for evaluating HIV infection we children in 100.00 that retained a listing
the proposed rectangular and dome- proposed in a Notice of Proposed in 114.00 for growth failure due to HIV
shaped button labels on Ethanol Flex Rulemaking (NPRM) published in the immune suppression.5 We are repeating
Fuel dispenser buttons, provided that Federal Register on February 26, 2014 that listing here for clarity. We have
Gilbarco and retailers comply with the (79 FR 10730), and a correction to the redesignated the listing as 114.11I and
Rule’s specifications in all other proposed rule on March 25, 2014 (79 FR the related introductory text as
respects. 16250). Even though this rule will not 114.00F7.
By direction of the Commission. go into effect until January 17, 2017, for
Summary of Public Comments on the
Donald S. Clark, clarity, we refer to it in this preamble as
NPRM
Secretary. the ‘‘final’’ rule. We are making several
changes in this final rule from the In the NPRM, we provided the public
[FR Doc. 2016–29006 Filed 12–1–16; 8:45 am]
NPRM based upon some of the public with a 60-day comment period, and we
BILLING CODE 6750–01–P
comments we received. We are also subsequently extended the comment
jstallworth on DSK7TPTVN1PROD with RULES
5 See 16 CFR 1.26. For these reasons, the making minor editorial changes
1 Institute of Medicine. (2010). HIV and
Commission also finds good cause for making this throughout this final rule. We explain
Disability: Updating the Social Security Listings.
exemption effective immediately. these changes below in the ‘‘Summary Washington, DC: The National Academies Press.
6 See, e.g., Rule exemptions granted to Gilbarco,
of Public Comments on the NPRM’’ 2 73 FR 14409.
60 FR 57584 (Nov. 16, 1995), 53 FR 29277 (Aug.
3, 1988); Dresser Industries, Inc., 56 FR 26821 (June section of this preamble. 3 73 FR 14570.
11, 1991); and Exxon Corporation, 54 FR 14072 The preamble to the NPRM provided 4 58 FR 36051.
(Apr. 7, 1989). an explanation of the changes from the 5 80 FR 19522.
VerDate Sep<11>2014 14:49 Dec 01, 2016 Jkt 241001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\02DER1.SGM 02DER1](https://thefederalregister.org/doc/81_FR_87146/page/2.svg)
Document Created: 2018-02-14 09:02:05
Document Modified: 2018-02-14 09:02:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Grant of partial exemption from the Commission's automotive fuel ratings, certification, and posting rule. | |
| Dates | This partial exemption is effective December 2, 2016. | |
| 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. | |
| FR Citation | 81 FR 86914 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR