[Federal Register Volume 71, Number 129 (Thursday, July 6, 2006)]
[Proposed Rules]
[Pages 38321-38322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10503]


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FEDERAL TRADE COMMISSION

16 CFR Part 311


Test Procedures and Labeling Standards for Recycled Oil

AGENCY: Federal Trade Commission.

ACTION: Request for public comments.

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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') 
requests public comment on the overall costs, benefits, and regulatory 
and economic impact of its rule specifying Test Procedures and Labeling 
Standards for Recycled Oil (``Recycled Oil Rule'' or ``Rule''), as part 
of the Commission's systematic review of all current FTC rules and 
guides.

DATES: Written comments will be accepted until September 5, 2006.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``16 CFR Part 311 Comment--Recycled Oil Rule, 
Matter No. R511036'' 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 to the 
Office of the Secretary, Federal Trade Commission, Room H-135 (Annex 
P), 600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments 
containing confidential material, however, must be filed in paper form, 
must be clearly labeled ``Confidential,'' and must comply with 
Commission Rule 4.9(c).\1\ The FTC is requesting that any comment filed 
in paper form be sent by courier or overnight service, if possible, 
because postal mail in the Washington area and at the Commission is 
subject to delay due to heightened security precautions. Comments filed 
in electronic form should be submitted by clicking on the following: 
https://secure.commentworks.com/ftc-recycledoil and following the 
instructions on the web-based form.
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    \1\ 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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    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. The Commission will consider all timely and responsive 
public comments that it receives, whether filed in paper or electronic 
form. Comments received will be

[[Page 38322]]

available to the public on the FTC Web site, to the extent practicable, 
at http://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://
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www.ftc.gov/ftc/privacy.htm.

FOR FURTHER INFORMATION CONTACT: Janice Podoll Frankle, Division of 
Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 
Washington, DC 20580; (202) 326-3022.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 383 of the Energy Policy and Conservation Act of 1975 
(``EPCA''), 42 U.S.C. 6363, mandated that the FTC promulgate a rule 
prescribing testing procedures and labeling standards for recycled oil. 
This section of EPCA is intended to encourage the recycling of used 
oil, promote the use of recycled oil, reduce consumption of new oil by 
promoting increased utilization of recycled oil, and reduce 
environmental hazards and wasteful practices associated with the 
disposal of used oil. 42 U.S.C. 6363(a).
    EPCA also mandated that the National Institute of Standards and 
Technology (``NIST'') develop (and report to the FTC) test procedures 
to determine whether processed used oil is substantially equivalent to 
new oil for a particular end use. 42 U.S.C. 6363(c). EPCA required 
that, within 90 days after receiving NIST's test procedures, the FTC 
issue a rule that permits any processed used oil container to bear a 
label indicating a particular end use (e.g., engine lubricating oil), 
as long as a determination of ``substantial equivalency'' with new oil 
has been made in accordance with NIST test procedures. 42 U.S.C. 
6363(d)(1)(B).
    On July 27, 1995, NIST reported to the FTC test procedures for 
determining the substantial equivalence of processed used engine oil 
with new engine oil. The FTC's Rule, which was issued on October 31, 
1995 (60 FR 55421), implements EPCA's requirements by permitting a 
manufacturer or other seller to label recycled engine oil as 
substantially equivalent to new engine oil, as long as that 
determination is made in accordance with the test procedures entitled 
``Engine Oil Licensing and Certification System,'' American Petroleum 
Institute Publication 1509, Thirteenth Edition, January 1995.

II. Regulatory Review Program

    The Commission reviews all current Commission rules and guides 
periodically. These reviews seek information about the costs and 
benefits of the Commission's rules and guides and their regulatory and 
economic impact. The information obtained assists the Commission in 
identifying rules and guides that warrant modification or rescission. 
Therefore, the Commission solicits comment on, among other things, the 
economic impact of its Recycled Oil Rule; possible conflict between the 
Rule and state, local, or other federal laws; and the effect on the 
Rule of any technological, economic, or other industry changes.

III. Request for Comment

    The Commission solicits written public comment on the following 
questions:
    (1) Is there a continuing need for the Rule as currently 
promulgated?
    (2) What benefits has the Rule provided to purchasers of the 
products or services affected by the Rule?
    (3) Has the Rule imposed costs on purchasers?
    (4) What changes, if any, should be made to the Rule to increase 
the benefits of the Rule to purchasers? How would these changes affect 
the costs the Rule imposes on firms subject to its requirements? How 
would these changes affect the benefits to purchasers?
    (5) What significant burdens or costs, including costs of 
compliance, has the Rule imposed on firms subject to its requirements? 
Has the Rule provided benefits to such firms? If so, what benefits?
    (6) What changes, if any, should be made to the Rule to reduce the 
burdens or costs imposed on firms subject to its requirements? How 
would these changes affect the benefits provided by the Rule?
    (7) Does the Rule overlap or conflict with other federal, state, or 
local laws or regulations?
    (8) Since the Rule was issued, what effects, if any, have changes 
in relevant technology or economic conditions had on the Rule?
    (9) Since the Rule was issued, the American Petroleum Institute has 
published the Fifteenth Edition of Publication 1509. Should this 
updated version of Publication 1509 be incorporated by reference into 
the Rule?

List of Subjects in 16 CFR Part 311

    Energy conservation, Incorporation by reference, Labeling, Recycled 
oil, Trade practices.

    Authority: 15 U.S.C. 41-58.

    By direction of the Commission.

C. Landis Plummer,
Acting Secretary.
[FR Doc. E6-10503 Filed 7-5-06; 8:45 am]
BILLING CODE 6750-01-P