[Federal Register Volume 67, Number 142 (Wednesday, July 24, 2002)]
[Notices]
[Pages 48471-48472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18705]


=======================================================================
-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Extension

AGENCY: Federal Trade Commission (FTC).

ACTION: Notice.

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

SUMMARY: The FTC is seeking public comments on its proposal to extend 
through December 31, 2005 the current Paperwork Reduction Act (``PRA'') 
clearance for information collection requirements contained in its Fuel 
Rating Rule (``Rule''). That clearance expires on December 31, 2002.

DATES: Comments must be filed by September 23, 2002.

ADDRESSES: Send written comments to Secretary, Federal Trade 
Commission, Room H-159, 600 Pennsylvania Ave., NW., Washington, DC 
20580. All comments should be captioned ``Fuel Rating Rule: Paperwork 
Comment.'' Comments in electronic form should be sent to: Fuel Rating 
[email protected] as prescribed below.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the proposed information requirements should be sent to Neil 
Blickman, Attorney, Division of Enforcement, Bureau of Consumer 
Protection, Federal Trade Commission, 600 Pennsylvania Ave., NW., 
Washington, DC 20580, (202) 326-3038.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 
(PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from 
OMB for each collection of information they conduct or sponsor. 
``Collection of information'' means agency requests or requirements 
that members of the public submit reports, keep records, or provide 
information to a third party. 44 U.S.C. 3502(3); 5 CFR 1320.3(c). As 
required by section 3506(c)(2)(A) of the PRA, the FTC is providing this 
opportunity for public comment before requesting that OMB extend the 
existing paperwork clearance for the regulations noted herein.
    The FTC invites comments on: (1) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information will have practical 
utility; (2) the accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on those who 
are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    If a comment contains nonpublic information, it must be filed in 
paper form, and the first page of the document must be clearly labeled 
``confidential.'' Comments that do not contain any nonpublic 
information may instead be filed in electronic form (in ASCII format, 
WordPerfect, or Microsoft Word) as part of or as an attachment to email 
messages directed to the following email box: Fuel Rating [email protected]. Such comments will be considered by the Commission and will be 
available for inspection and copying at its principal office in 
accordance with Section 4.9(b)(6)(ii) of the Commission's Rules of 
Practice, 16 CFR 4.9(b)(6)(ii).
    The Fuel Rating Rule establishes standard procedures for 
determining, certifying, and disclosing the octane rating of automotive 
gasoline and the automotive fuel rating of alternative liquid 
automotive fuels, as required by the Petroleum Marketing Practices Act. 
15 U.S.C. 2822(a)-(c). The Rule also requires refiners, producers, 
importers, distributors, and retailers to retain records showing how 
the ratings were determined, including delivery tickets or letters of 
certification.
    Estimated annual hours burden: 42,000 total burden hours (17,000 
recordkeeping hours + 25,000 disclosure hours).
    Recordkeeping: Based on industry sources, staff estimates that 
200,000 fuel industry members each incur an average annual burden of 
approximately five minutes to ensure retention of relevant business 
records for the period required by the Rule, resulting in a total of 
17,000 hours, rounded.
    Disclosure: Staff estimates that affected industry members incur an 
average burden of approximately one hour to produce, distribute, and 
post octane rating labels. Because the labels are durable, only about 
one of every eight industry members (i.e., approximately 25,000 of 
200,000 industry members) incur this burden each year, resulting in a 
total annual burden of 25,000 hours.
    Estimated annual cost burden: $739,000, rounded ($672,000 in labor 
costs and $67,000 in non-labor costs).
    Labor costs: Staff estimates that the work associated with the 
Rule's recordkeeping and disclosure requirements is performed by 
skilled clerical employees at an average rate of $16.00 per hour. Thus, 
the annual labor cost to respondents of complying with the 
recordkeeping and disclosure requirements of the Rule is estimated to 
be $672,000 ((17,000 hours + 25,000 hours) x $16.00 per hour).
    Capital or other non-labor costs: $67,000, rounded up to the 
nearest thousand.
    Staff believes that there are no current start-up costs associated 
with the Rule. Because the Rule has been effective since 1979 for 
gasoline, and since 1993 for liquid alternative automotive fuels, 
industry members already have in place the capital equipment and other 
means necessary to comply with the Rule. Retailers (approximately 
175,000

[[Page 48472]]

industry members), however, do incur the cost of procuring (and 
replacing) fuel dispenser labels to comply with the Rule. According to 
industry input, the price per label is about thirty-eight cents. Based 
on ranging industry estimates of a 6-10 year useful life per dispenser 
label, staff will conservatively factor into its calculation of 
labeling cost the shortest assumed useful life, i.e., 6 years. Staff 
believes that the average retailer has six dispensers, with all of them 
being obtained either simultaneously or otherwise within the same year. 
Assuming that, in any given year, \1/6\th of all retailers (29,167 
retailers) will replace their dispenser labels, staff estimates total 
labeling cost to be $66,500 (29,167 x 6 x .38).

William E. Kovacic,
General Counsel.
[FR Doc. 02-18705 Filed 7-23-02; 8:45 am]
BILLING CODE 6750-01-M