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Federal Register Highlights – 12/17/12

December 17, 2012

Unpublished, time-sensitive and proposed rules for December 17, 2012:

PROPOSED RULE: The Bureau of Consumer Financial Protection (Bureau) invites the general public and other Federal agencies to take this opportunity to comment on its proposed Policy to Encourage Trial Disclosure Programs (Policy), which is intended to carry out the Bureau’s authority under Section 1032(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act), and also a proposed information collection associated with applications submitted by companies seeking Bureau approval to conduct trial disclosure programs under the proposed Policy as required by the Paperwork Reduction Act of 1995. Written comments are encouraged and must be received on or before February 15, 2013 to be assured of consideration. (To submit comments, visit www.regulations.gov, reference docket number CFPB–2012–0046.)

TEMPORARY RULE: The Coast Guard has issued a temporary deviation from the operating schedule that governs the operation of the Norfolk Southern #V2.8 Railroad Bridge across the Elizabeth River (Eastern Branch), mile 2.7, at Norfolk, VA. This deviation is necessary to facilitate replacing bearings on the Norfolk Southern #V2.8 Railroad Bridge. This temporary deviation will allow the drawbridge to remain in the closed-to-navigation position on specific dates and times. This deviation is effective from 8 a.m. on December 18, 2012, until to 8 a.m. on December 21, 2012.

TEMPORARY RULE: The Coast Guard is establishing a temporary safety zone around all inbound and outbound grain-shipment vessels involved in commerce with the Columbia Grain facility on the Willamette River in Portland, OR, and the United Grain Corporation facility on the Columbia River in Vancouver, WA while they are located on the Columbia and Willamette Rivers. This safety zone extends to waters 500 yards ahead of the vessel and 200 yards abeam and astern of the vessel. This safety zone is being established to ensure that protest activities relating to a labor dispute do not create hazardous navigation conditions for any vessel or other river user in the vicinity of the safety zone. This rule is effective with actual notice beginning November 16, 2012 until December 17, 2012. This rule is effective in the Code of Federal Regulations from December 17, 2012 until January 16, 2013.

REOPENING OF COMMENT PERIOD: On September 7, 2012, the Coast Guard published a notice of proposed policy change and request for comments regarding criteria for granting medical waivers to mariners who have anti-tachycardia devices or implantable cardioverter defibrillators (ICDs). The public comment period for the notice expired on October 9, 2012. In today’s action, the Coast Guard is reopening the public comment period to provide additional time for interested parties to submit comments. Comments and related material must either be submitted to our online docket via http://www.regulations.gov on or before January 16, 2013 or reach the Docket Management Facility by that date. (To submit comments, visit www.regulations.gov, reference docket number USCG–2011–0734.)

PROPOSED RULE: The U.S. Department of Energy (‘‘DOE’’ or the ‘‘Department’’) proposes amendments and corrections to portions of its regulations governing petitions for waiver and interim waiver from DOE test procedures. In finalizing the March 7, 2011 final certification, compliance and enforcement rule for consumer products and commercial equipment, DOE inadvertently deleted language pertaining to petitions for waiver and interim waiver of DOE’s test procedure requirements for consumer products. This notice addresses that error by proposing to restore, with minor amendments, the omitted text. DOE also proposes a process by which, within 60 days after DOE grants a waiver for a product employing a particular technology, other manufacturers of that product employing a technology or characteristic that results in the same need for a waiver would submit a petition for waiver. This process would ensure that manufacturers of similar products test and rate those products in a comparable manner. The proposed rule also sets forth a process for manufacturers to request rescission or modification of a waiver if they determine that the waiver is no longer needed, or for other appropriate reasons. DOE also proposes to make other minor modifications to the waiver provisions for both consumer products and commercial equipment and to clarify certain aspects related to the submission and processing of a waiver petition. DOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) no later than January 16, 2013. (To submit comments, visit www.regulations.gov, reference docket number EERE–2010–BT–CE–0014.)

RULE: We are adopting a new airworthiness directive (AD) for certain Gulfstream Aerospace Corporation Model GIV–X airplanes. This AD requires performing a modified system power-on self test (SPOST) of the flap/stabilizer electronic control unit (FSECU), and revising the airplane flight manual to incorporate these test procedures into the daily preflight check. This AD was prompted by reports indicating that the FSECU does not detect failures of the brake feature within the horizontal stabilizer electric motor unit (HSEMU), or failures of drive solenoids for hydraulic valves within the flap hydraulic control module (FHCM) during the SPOST. We are issuing this AD to detect and correct such failures, which could result in runaway horizontal stabilizer pitch trim system and consequent loss of pitch control. This AD is effective December 17, 2012.

PROPOSED RULE: Except as specifically described below, the FTC has completed its regulatory review of its Used Motor Vehicle Trade Regulation Rule (‘‘Used Car Rule’’ or ‘‘Rule’’) as part of the FTC’s systematic review of all current Commission regulations and guides. The Commission has decided to retain the Rule and, in a separate Federal Register document, to amend it by changing the Spanish translation of the Buyers Guide. In addition, the Commission also has decided to issue a notice of proposed rulemaking (‘‘NPR’’) soliciting comments on proposed changes to the Rule. In this NPR, the Commission addresses the comments received during its review and invites public comment on the following four proposed changes to the Buyers Guide: adding boxes to the back of the Buyers Guide where dealers would have the option to indicate manufacturers’ and other third-party warranties; adding a statement to the Buyers Guide encouraging consumers to seek vehicle history information and directing consumers to an FTC Web site for more information about vehicle histories; adding catalytic converters and airbags to the List of Systems on the back of the Buyers Guide; and adding a statement in Spanish to the English Buyers Guide directing consumers who cannot read the Buyers Guide in English to ask for a copy of it in Spanish. Written comments relating to the Used Car Rule must be received on or before February 11, 2013. (To submit comments, visit https://ftcpublic.commentworks.com/ftc/usedcarrulenprm anf follow the instructions on the web-based form.)

TEMPORARY RULE: NMFS is transferring 40 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category for the remainder of the 2012 fishing year. NMFS also is adjusting the Atlantic tunas General category BFT daily retention limit to two large medium or giant BFT for the January 2013 subquota period (i.e., from January 1 through March 31, 2013, or until the available subquota for that period is reached, whichever comes first). This action is based on consideration of the regulatory determination criteria regarding inseason adjustments, and applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels when fishing commercially for BFT. The quota transfer is effective December 15, 2012, through December 31, 2012. The General category retention limit adjustment is effective January 1, 2013, through March 31, 2013.

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