[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Notices]
[Pages 73467-73469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29734]


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FEDERAL TRADE COMMISSION


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

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

ACTION: Notice.

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SUMMARY: The information collection requirements described below will 
be submitted to the Office of Management and Budget (``OMB'') for 
review, as required by the Paperwork Reduction Act (``PRA''). The FTC 
seeks public comments on its proposal to extend through April 30, 2016 
the current PRA clearance for information collection requirements 
contained in its Alternative Fuels Rule. That clearance expires on 
April 30, 2013.

DATES: Comments must be submitted on or before February 8, 2013.

ADDRESSES: Interested parties may file a comment online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Paperwork Comment: FTC 
File No. P134200'' on your comment, and file your comment online at 
https://ftcpublic.commentworks.com/ftc/altfuelspra by following the 
instructions on the web-based form. If you prefer to file your comment 
on paper, mail or deliver your comment to the following address: 
Federal Trade Commission, Office of the Secretary, Room H-113 (Annex 
J), 600 Pennsylvania Avenue NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the proposed information requirements for the Alternative 
Fuels Rule should be addressed to Hampton Newsome, Attorney, Division 
of Marketing Practices, Bureau of Consumer Protection, Federal Trade 
Commission, Room M-8102B, 600 Pennsylvania Avenue NW., Washington, DC 
20580, (202) 326-2889.

SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501-3521, 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 PRA clearance for the 
Alternative Fuels Rule, 16 CFR Part 309 (OMB Control Number 3084-0094).
    The Rule, which implements the Energy Policy Act of 1992, Public 
Law 102-486, 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 
these disclosures, the Rule also requires that sellers maintain records 
substantiating product-specific disclosures they include on these 
labels.
    It is common practice for alternative fuel 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 PRA purposes 
is defined to exclude effort that would be expended regardless of any 
regulatory requirement. 5 CFR 1320.2(b)(2). Moreover, as originally 
anticipated when the Rule was promulgated in 1995, many of the 
information collection requirements and the originally-estimated hours 
were associated with one-time start up tasks of implementing standard 
systems and processes.
    Other factors also limit the burden associated with the Rule. 
Certification may be a one-time event or require only infrequent 
revision. Disclosures on electric vehicle fuel dispensing systems may 
be useable for several years. Nonetheless, there is still some burden

[[Page 73468]]

associated with posting labels. There also will be some minimal burden 
associated with new or revised certification of fuel ratings and 
recordkeeping. The burden on vehicle manufacturers is limited because 
only newly-manufactured vehicles will require label posting and 
manufacturers produce very few new models each year.

I. Annual Hours Burden

    Estimated total annual hours burden: 52,272 total burden hours

A. Non-Liquid Alternative Fuels

    Certification: Staff estimates that the Rule's fuel rating 
certification requirements will affect approximately 550 industry 
members (compressed natural gas producers and distributors and 
manufacturers of electric vehicle fuel dispensing systems) and consume 
approximately one hour each per year for a total of 550 hours.
    Recordkeeping: Staff estimates that all 5,900 industry members 
(non-liquid fuel producers, distributors, and retailers) will be 
subject to the Rule's recordkeeping requirements (associated with fuel 
rating certification) and that compliance will require approximately 
one-tenth hour each per year for a total of 590 hours.
    Labeling: Staff estimates that labeling requirements will affect 
approximately nine of every ten industry members (or roughly 5,300 
members out of 5,900), but that the number of annually affected members 
is approximately 1,100 because labels may remain effective for several 
years (staff assumes that in any given year approximately 20% of 5,300 
industry members will need to replace their labels). Staff estimates 
that industry members require approximately one hour each per year for 
labeling their fuel dispensers for a total of 1,100 hours.

Sub-total: 2,240 hours (550 + 590 +1,100)

B. AFV Manufacturers

    Recordkeeping: Staff estimates that a total of 13 manufacturers 
will require 30 minutes to comply with the Rule's recordkeeping 
requirements for a total of 7 hours, rounded.
    Producing labels: Staff estimates 2.5 hours as the average time 
required of manufacturers to produce labels for each of the 10 new AFV 
models introduced industry-wide each year for a total of 25 hours.
    Posting labels: Staff estimates 2 minutes as the average time to 
comply with the posting requirements for each of the approximately 
1,500,000 new AFVs manufactured each year for a total of 50,000 hours.

Sub-total: 50,032 hours (7 + 25 + 50,000)

    Thus, the total burden for these industries combined is 
approximately 52,272 hours (2,240 + 50,032).

II. Labor Costs

    Estimated total labor costs: $1,090,918.
    Labor costs are derived by applying appropriate hourly cost figures 
to the burden hours described above. According to Bureau of Labor 
Statistics data for 2011 (most recent available whole-year 
information),\1\ the average compensation for fuel system operators is 
$28.99 per hour; $10.33 per hour for automotive service attendants; and 
$20.69 per hour for transportation equipment painters.
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    \1\ The wage estimates in this Notice are based on mean hourly 
wages found at http://www.bls.gov/news.release/archives/ocwage_03272012.pdf (``Occupational Employment and Wages-May 2011,'' U.S. 
Department of Labor, released March 2012, Table 1 (``National 
employment and wage data from the Occupational Employment Statistics 
survey by occupation, May 2011'').
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A. Non-Liquid Alternative Fuels

    Certification and labeling: Generally, all of the estimated hours 
except for recordkeeping will be performed by fuel system operators, 
i.e., producers and distributors of fuels. Thus, the associated labor 
costs would be $47,833. [(550 certification hours + 1,100 labeling 
hours) x $28.99]
    Recordkeeping: Only 1/6 of the total recordkeeping hours will be 
performed by fuel system operators (1/6 of 590 hours = approximately 98 
hours; 98 hours x $28.99 = $2,841); the other 5/6 is attributable to 
service station employees (5/6 of 590 hours = approximately 492 hours; 
492 hours x $10.33 = $5,082). Thus, the labor cost due to recordkeeping 
for the entire industry is approximately $7,923 ($2,841 for fuel system 
operators + $5,082 for service station employees).
    Associated labor cost: $55,756 ($48,833 for certification and 
labeling costs + $7,923 for recordkeeping costs).

B. AFV Manufacturers

    The maximum labor cost for the entire industry is approximately 
$1,035,162 per year for recordkeeping and producing and posting labels 
(50,032 total hours x $20.69 per hour).
    Thus, the estimated total labor cost for both industries for all 
collection of information requirements is $1,090,918 ($55,756 + 
$1,035,162) per year.

III. Non-Labor Cost Burden

    Estimated annual non-labor cost burden: $577,153.

A. Non-Liquid Alternative Fuels

    Staff believes that there are no current start-up costs associated 
with the Rule, inasmuch as the Rule has been in effect since 1995. 
Industry members, therefore, have in place the capital equipment and 
means necessary to determine automotive fuel ratings and comply with 
the Rule. Industry members, however, incur the cost of procuring fuel 
dispenser and AFV labels to comply with the Rule. The estimated annual 
fuel labeling cost, based on estimates of approximately 2,140 fuel 
dispensers (assumptions: an estimated 20% of 5,350 total fuel retailers 
need to replace labels in any given year with an approximate five-year 
life for labels--i.e., 1,070 retailers--multiplied by an average of two 
dispensers per retailer) at thirty-eight cents for each label (per 
industry sources), is $813 ($0.38 x 2,140).

B. AFV Manufacturers

    Here, too, staff believes that there are no current start-up costs 
associated with the Rule, for the same reasons as stated immediately 
above regarding the nonliquid alternative fuel industry. However, based 
on the labeling of an estimated 1,493,000 new and used AFVs each year 
at thirty-eight cents for each label (per industry sources), the annual 
AFV labeling cost is estimated to be $567,340 ($0.38 x 1,493,000).
    Thus, the estimated total annual non-labor cost burden associated 
with the Rule is $577,153 ($813 + $576,340).

IV. Request for Comment

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before February 8, 
2013. Write ``Paperwork Comment: FTC File No. P134200'' on your 
comment. Your comment B including your name and your state B will be 
placed on the public record of this proceeding, including, to the 
extent practicable, on the public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the 
Commission tries to remove individuals' home contact information from 
comments before placing them on the Commission Web site.
    Because your comment will be made public, you are solely 
responsible for making sure that your comment doesn't include any 
sensitive personal information, like anyone's Social Security number, 
date of birth, driver's license number or other state identification 
number or foreign country equivalent, passport number, financial 
account number, or credit or debit card

[[Page 73469]]

number. You are also solely responsible for making sure that your 
comment doesn't include any sensitive health information, like medical 
records or other individually identifiable health information. In 
addition, don't include any ``[t]rade secret or any commercial or 
financial information which is obtained from any person and which is 
privileged or confidential * * *, '' as provided in Section 6(f) of the 
FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). 
If you want the Commission to give your comment confidential treatment, 
you must file it in paper form, with a request for confidential 
treatment, and you have to follow the procedure explained in FTC Rule 
4.9(c), 16 CFR 4.9(c). Your comment will be kept confidential only if 
the FTC General Counsel, in his or her sole discretion, grants your 
request in accordance with the law and the public interest.
    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online, or to send them to the Commission by courier or 
overnight service. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/altfuelspra, by following the instructions on the web-based form. 
If this Notice appears at http://www.regulations.gov/#!home, you also 
may file a comment through that Web site.
    If you file your comment on paper, write ``Paperwork Comment: FTC 
File No. P134200'' on your comment and on the envelope, and mail or 
deliver it to the following address: Federal Trade Commission, Office 
of the Secretary, Room H-113 (Annex J), 600 Pennsylvania Avenue NW., 
Washington, DC 20580. If possible, submit your paper comment to the 
Commission by courier or overnight service.
    Visit the Commission Web site at http://www.ftc.gov to read this 
Notice. The FTC Act and other laws that 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 on or before February 8, 
2013. You can find more information, including routine uses permitted 
by the Privacy Act, in the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.
    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.

David C. Shonka,
Acting General Counsel.
[FR Doc. 2012-29734 Filed 12-7-12; 8:45 am]
BILLING CODE 6750-01-P