[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Notices]
[Pages 14302-14303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05070]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request

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

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 (``Rule''). That clearance 
expires on April 30, 2013.

DATES: Comments must be submitted on or before April 4, 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/altfuelspra2 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: 
    Title: Alternative Fuels Rule, 16 CFR Part 309.
    OMB Control Number: 3084-0094.
    Type of Review: Extension of currently approved collection.
    Abstract: 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 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 
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.
    On December 10, 2012, the Commission sought comment on the 
information collection requirements and staff's PRA burden estimates 
associated with the Rule (``December 10, 2012 Notice''). 77 FR 73467. 
No comments were received.
    Estimated Annual Burden: \1\
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    \1\ The calculations underlying these estimates are detailed in 
the related December 10, 2012 Notice. See 77 FR at 73468. The non-
labor cost estimate shown here, however, contains minor corrections 
for the calculation regarding AFV manufacturers and sellers of used 
AFVs and, accordingly, the cumulative non-labor cost total for all 
respondents. Based on an estimated 1,500,000 new and used AFVs each 
year at thirty-eight cents for each label (per industry sources), 
estimated annual AFV labeling cost is $570,000 ($0.38 x 1,500,000); 
total non-labor cost would thus be $570,813.
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    Hours: 52,272 (2,240 hours for non-liquid alternative fuels + 
50,032 hours for AFV manufacturers)
    Labor Costs: $1,090,918 ($55,756 for non-liquid alternative fuels + 
$1,035,162 for AFV manufacturers)
    Non-Labor Cost: $570,813 ($813 for non-liquid alternative fuels + 
$570,000 for AFV manufacturers and sellers of used AFVs)
    Pursuant to the OMB regulations, 5 CFR Part 1320, that implement 
the PRA, 44 U.S.C. 3501 et seq., the FTC is providing a second 
opportunity for the public to comment while seeking OMB approval to 
renew the pre-existing clearance for the Rule.
    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 April 4, 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 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

[[Page 14303]]

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/altfuelspra2, 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 April 4, 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.
    Comments on the information collection requirements subject to 
review under the PRA should additionally be submitted to OMB. If sent 
by U.S. mail, they should be addressed to Office of Information and 
Regulatory Affairs, Office of Management and Budget, Attention: Desk 
Officer for the Federal Trade Commission, New Executive Office 
Building, Docket Library, Room 10102, 725 17th Street NW., Washington, 
DC 20503. Comments sent to OMB by U.S. postal mail, however, are 
subject to delays due to heightened security precautions. Thus, 
comments instead should be sent by facsimile to (202) 395-5167.

David C. Shonka,
Acting General Counsel.
[FR Doc. 2013-05070 Filed 3-4-13; 8:45 am]
BILLING CODE 6750-01-P