[Federal Register Volume 70, Number 222 (Friday, November 18, 2005)]
[Notices]
[Pages 69969-69970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22848]


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FEDERAL TRADE COMMISSION


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

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

ACTION: Notice.

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SUMMARY: The FTC has submitted to the Office of Management and Budget 
(``OMB'') for review under the Paperwork Reduction Act (``PRA'') 
information collection requirements contained in its Automotive Fuel 
Ratings, Certification and Posting Rule (``Fuel Rating Rule'' or 
``Rule''). The FTC is seeking public comments on the proposal to extend 
through December 31, 2008 the current PRA clearance for information 
collection requirements contained in the regulations. That clearance 
expires on December 31, 2005.

DATES: Comments must be filed by December 19, 2005.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Fuel Rating Rule: FTC File No. R811005'' to 
facilitate the organization of comments. A comment filed in paper form 
should include this reference both in the text and on the envelope and 
should be mailed or delivered, with two complete copies, to the 
following address: Federal Trade Commission, Room H 135 (Annex J), 600 
Pennsylvania Ave., NW., Washington, DC 20580. Because paper mail in the 
Washington area and at the Commission is subject to delay, please 
consider submitting your comments in electronic form, (in ASCII format, 
WordPerfect, or Microsoft Word) as part of or as an attachment to e-
mail messages directed to the following e-mail box: 
<[email protected]. However, if the comment contains 
any material for which confidential treatment is requested, it must be 
filed in paper form, and the first page of the document must be clearly 
labeled ``Confidential.'' \1\
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    \1\ Commission Rule 4.2(d), 16 CFR 4.2(d). The comment must be 
accompanied by an explicit request for confidential treatment, 
including the factual and legal basis for the request, and must 
identify the specific portions of the comment to be withheld from 
the public record. The request will be granted or denied by the 
Commission's General Counsel, consistent with applicable law and the 
public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c).
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    All comments should additionally be submitted to: Office of 
Management and Budget, Attention: Desk Officer for the Federal Trade 
Commission. Comments should be submitted via facsimile to (202) 395-
6974 because U.S. Postal Mail is subject to lengthy delays due to 
heightened security precautions.
    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. All timely and responsive public comments will be 
considered by the Commission and will be available to the public on the 
FTC website, to the extent practicable, at www.ftc.gov. As a matter of 
discretion, the FTC makes every effort to remove home contact 
information for individuals from the public comments it receives before 
placing those comments on the FTC Web site. More information, including 
routine uses permitted by the Privacy Act, may be found in the FTC's 
privacy policy at http://www.ftc.gov/ftc/privacy.htm.

[[Page 69970]]


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: On August 25, 2005, the FTC sought comment 
on the information collection requirements associated with the Fuel 
Rating Rule, 16 CFR Part 306 (OMB Control Number: 3084-0068). See 70 FR 
49925. No comments were received. Pursuant to the OMB regulations that 
implement the PRA (5 CFR Part 1320), the FTC is providing this second 
opportunity for public comment while seeking OMB approval to extend the 
existing paperwork clearance for the Rule. All comments should be filed 
as prescribed in the ADDRESSES section above, and must be received on 
or before December 19, 2005.
    The Fuel Rating Rule, 16 CFR Part 306 (OMB Control Number: 3084-
0068), 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 
keep records showing how the ratings were determined, including 
delivery tickets or letters of certification.
    Estimated annual hours burden: \2\ 40,000 total burden hours 
(16,000 recordkeeping hours + 24,000 disclosure hours).
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    \2\ All numbers pertaining to hours and cost burden estimates 
have been rounded to the nearest thousand.
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    Recordkeeping: Based on industry sources, staff estimates that 
195,000 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 
16,000 hours.
    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 24,000 of 
195,000 industry members) incur this burden each year, resulting in a 
total annual burden of 24,000 hours.
    Estimated annual cost burden: $804,000 ($720,000 in labor costs and 
$84,000 in non-labor costs).
    Labor costs: Staff estimates that the work associated with the 
Rule's recordkeeping and disclosure requirements is performed by 
skilled information and record clerks at an average rate of $18.00 per 
hour. Thus, the annual labor cost to respondents of complying with the 
recordkeeping and disclosure requirements of the Rule is estimated to 
be $720,000 ((16,000 hours + 24,000 hours) x $18.00 per hour).
    Capital or other non-labor costs: $84,000.
    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 
170,000 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 fifty cents. Industry 
estimates of the useful life of dispenser labels range from 6 to 10 
years. The estimate is based on the bottom of that range, i.e., 6 
years. Based on industry input, staff believes that the average 
retailer has six dispensers, all being obtained or replaced in the same 
year. Assuming that, in any given year, \1/6\th of all retailers 
(28,000 retailers) will replace their dispenser labels, staff estimates 
total labeling cost to be $84,000 (28,000 x 6 x .50 ).

William Blumenthal,
General Counsel.
[FR Doc. 05-22848 Filed 11-17-05; 8:45 am]
BILLING CODE 6750-01-P