[Federal Register Volume 62, Number 201 (Friday, October 17, 1997)]
[Notices]
[Pages 54114-54116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27620]


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FEDERAL TRADE COMMISSION


Submission for OMB Review; Comment Request

AGENCY: Federal Trade Commission.

ACTION: Submission for OMB review; comment request.

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SUMMARY: The FTC has submitted information collection requirements 
associated with the Alternative Fuel Rule, 16 CFR part 309, to the 
Office of Management and Budget (OMB) for review and clearance under 
the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520). On 
July 25, 1997, the FTC solicited comments from the public concerning 
these information collection requirements, and provided the information 
specified in 5 CFR 1320.5(a)(1)(iv). 62 FR 40089. No comments were 
received. The current OMB clearance for these requirements expires on 
November 30, 1997. The FTC has requested that OMB extend the PRA 
clearance through November 30, 2000.

DATES: Comments must be filed by November 17, 1997.


[[Page 54115]]


ADDRESSES: Send comments to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, New Executive Office 
Building, Room 3228, Washington, D.C. 20530, ATTN: Edward Clarke, Desk 
Officer for the Federal Trade Commission. Comments may also be sent to 
Elaine W. Crockett, Attorney, Office of the General Counsel, Room 598, 
6th St. and Pennsylvania Ave., N.W. 20580, telephone: (202) 326-2453; 
fax: (202) 326-2477; e-mail ecrockettftc.gov.

FOR FURTHER INFORMATION CONTACT:
Requests for additional information or copies of the proposed 
extensions of the information requirements should be addressed to 
Elaine W. Crockett at the address listed above.

SUPPLEMENTARY INFORMATION: Title: Alternative Fuel Rule, 16 CFR part 
309--(OMB Control Number 3084-0094)--Extension. On May 9, 1995, the 
Commission issued the Alternative Fuel Rule, which requires disclosure 
of specific information on labels posted on fuel dispensers for non-
liquid alternative fuels, and on labels on alternative fueled vehicles 
(AFVs). To ensure the accuracy of the labeling disclosures, the Rule 
also requires that sellers maintain records substantiating the product-
specific disclosures that they include on these labels. The labeling 
requirements provide consumers with reliable and comparable information 
about the fuel ratings of similar types of fuel and alternative fueled 
vehicles. The primary purpose of the recordkeeping requirements is to 
preserve evidence of compliance with the Rule.
    Burden statement: The Rule, which primarily establishes fuel rating 
determination, certification, labeling, and recordkeeping requirements, 
imposes burden on the alternative vehicle fuel industry and the 
alternative fuel vehicle manufacturing industry. When the Rule was 
issued in 1995, the FTC found that the non-liquid alternative vehicle 
fuel industry consisted of approximately 1,600 members, of which 
approximately 1,300 import, produce, refine, distribute or retail 
compressed natural gas to the public for use in alternative fueled 
vehicles. The FTC also estimated that approximately 50 industry members 
manufacture or distribute electric vehicle fuel dispensing systems and 
that no more than 250 companies retail electricity to the public 
through electric vehicle fuel dispensing systems. As to the alternative 
fueled vehicle industry, the FTC found that approximately 58 companies 
manufactured such vehicles and were subject to labeling and 
recordkeeping requirements. Staff at the Department of Energy inform us 
that the current numbers for both industries are approximately the same 
as they were in 1995.

1995 Non-Liquid Alternative Fuel Burden Hour Estimates

    Determination and Certification: In 1995, staff estimated that the 
Rule's fuel rating determination requirements and the Rule's fuel 
rating certification requirements would affect approximately 350 
industry members which produce natural gas and distribute and 
manufacture electric vehicle fuel dispensing systems. Labeling: Staff 
also estimated that labeling requirements would affect approximately 
nine of every ten industry members (or 1,400 members), but the number 
of affected members would decrease in subsequent years because labels 
may remain effective for several years. Recordkeeping: Staff estimated 
that all 1,600 industry members would be subject to the Rule's 
recordkeeping requirements.

1995 Alternative Fueled Vehicle Burden Hour Estimates

    Labeling: Producing: In 1995, staff estimated that there were 
approximately 350,000 AFVs, consisting of 36 models. Staff rounded the 
number of models to 40 to allow for the introduction of new AFV models 
into the marketplace. Further, staff estimated 2.5 hours as the average 
time required to produce labels for each of the 40 models. Labeling: 
Posting: Staff estimated the average time to comply with the posting 
requirements to be 2 minutes for each of the 350,000 vehicles. 
Recordkeeping: Staff estimated that all 58 manufacturers would require 
30 minutes to comply with the Rule's recordkeeping requirements. 
Accordingly, in 1995, burden hours were calculated as follows:
    Fuel Rating Determination: 2 hours x 350 industry members = 700 
burden hours.
    Fuel Rating Certification: 24 hours x 350 industry members = 8,400 
burden hours.
    Labeling: 1 hour x 1,400 industry members = 1,400 burden hours.
    Recordkeeping associated with fuel rating determination and 
certification: 6 minutes x 1,600 industry members = 160 hours.
    AFV labeling: producing: 2.5 hours x 40 models = 100 burden hours; 
posting: 2 minutes x 350,000 AFVs = 11,667 burden hours; recordkeeping: 
30 minutes x 58 industry members = 29 burden hours.
    Total 1995 burden hours: 22,500 (rounded).

1997 Burden Hour Estimates

    In 1997, all of the requirements related to the processes involved 
in fuel rating determination, certification, labeling, and 
recordkeeping remain the same, We have, however, reduced the 1995 total 
burden estimate of 22,500 hours because, as stated in the original 
application for PRA clearance, it is now and always has been, common 
practice for industry members to determine and monitor fuel ratings in 
the normal course of their business activities. This is because 
industry members must know and determine the fuel ratings of their 
products in order to monitor quality and to decide how to market them. 
``Burden'' for OMB purposes is defined to exclude effort that would be 
expended regardless of any regulatory requirement 5 CFR 1320.2(b)(2).
    One-time letters of certification or the use of permanent marks or 
labels on electric vehicle fuel dispensing systems may be used once and 
thereafter remain in effect for several years. Also, the specifications 
for labels were designed to produce a label that would withstand the 
elements for several years. Nonetheless, there is still some burden 
associated with producing, distributing, posting, and maintaining new 
labels. There also will be some burden associated with new or revised 
certification of fuel ratings. The burden on vehicle manufacturers will 
be less because label production will be needed for only a few models 
and because only newly-manufactured vehicles will require label 
posting. Accordingly, we have calculated the revised burden hour 
estimates as follows:
    (Fuel Rating Determination numbers are no longer applicable because 
these numbers are no longer associated with start-up costs and are 
determined during the ordinary course of business).
    Fueld Rating Certification: 1 hour x 350 industry members = 350 
burden hours.
    Labeling: 1 hour x 280 industry members = 280 burden hours. (This 
calculation assumes that only 20% of 1,400 industry members will be 
affected because it is unnecessary to replace labels each year.)
    Recordkeeping associated with fuel rating determination and 
certification: 6 minutes x 1,600 industry members = 160 burden 
hours.
    AFV labeling: producing: 2.5 hours x 5 new models per year = 12.5 
burden hours; posting: 2 minutes x 20,000 new AFVs per year = 667 
burden hours. (The number of new AFVs per year was determined after 
discussions with staff at the Department of Energy.);

[[Page 54116]]

recordkeeping: 30 minutes x 58 industry members = 29 burden hours.
    Total 1997 burden hours: approximately 1,500 (rounded).
    To re-emphasize, the FTC is not amending, nor is it in the process 
of amending, the Alternative Fuel Rule. The burden hours associated 
with the Rule have been recalculated because, as originally anticipated 
when the Rule was promulgated in 1995, many of the information 
collection requirements collection requirements and the originally-
estimated hours were associated with one-time start up tasks of 
implementing standard systems and processes. In addition, the FTC has 
reduced the estimated burden hours because the industry complies with 
many of these requirements in the ordinary course of business and, as 
stated above, the definition of ``burden'' excludes effort that would 
be expended regardless of any regulatory requirement. 5 CFR 
1320.2(b)(2).
Debra A. Valentine,
General Counsel.
[FR Doc. 97-27620 Filed 10-16-97; 8:45 am]
BILLING CODE 6750-01-M