[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Notices]
[Pages 55607-55609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21763]


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FEDERAL TRADE COMMISSION


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

AGENCY: Federal Trade Commission.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 
(``PRA''), the Federal Trade Commission (``FTC'' or ``Commission'') is 
seeking public comment on its proposal to extend for an additional 
three years the Office of Management and Budget clearance for 
information collection requirements in its Alternative Fuels Rule 
(``Rule''). That clearance expires on March 31, 2022.

DATES: Comments must be submitted on or before December 6, 2021.

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://www.regulations.gov by following the instructions on the web-
based form. If you prefer to file your comment on paper, mail your 
comment to the following address: Federal Trade Commission, Office of 
the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex J), 
Washington, DC 20580, or deliver your comment to the following address: 
Federal Trade Commission, Office of the Secretary, Constitution Center, 
400 7th Street SW, 5th Floor, Suite 5610 (Annex J), Washington, DC 
20024.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, Attorney, (202) 326-
2889, Division of Enforcement, Bureau of Consumer Protection, Federal 
Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: 
    Title of Collection: Labeling Requirements for Alternative Fuels 
and Alternative Fueled Vehicles (``Alternative Fuels Rule''), 16 CFR 
part 309.
    OMB Control Number: 3084-0094.
    Type of Review: Extension without change of currently approved 
collection.
    Affected Public: Private Sector: Businesses and other for-profit 
entities.
    Estimated Annual Burden Hours: 6,000 hours.
    Estimated Annual Labor Costs: $175,298.
    Non-Labor Costs: $3,040.

Abstract

    The Energy Policy Act of 1992 established federal programs to 
encourage the development of alternative fuels and alternative fueled 
vehicles (``AFVs''). Section 406(a) of the Act directed the Commission 
to establish uniform labeling requirements for alternative fuels and 
AFVs. 42 U.S.C. 13232(a). Such labels must provide ``appropriate 
information with respect to costs and benefits [of alternative fuels 
and AFVs], so as to reasonably enable the consumer to make choices and 
comparisons.'' The required labels must be ``simple and, where 
appropriate, consolidated with other labels providing information to 
the consumer.''
    Pursuant to the Act, the Commission published the Alternative Fuels 
Rule in 1995, and the Rule was later amended in 2013.\1\ The Rule 
requires disclosure of specific information on labels posted on fuel 
dispensers for non-liquid alternative fuels. To ensure the accuracy of 
these disclosures, the Rule also requires that sellers maintain records 
substantiating product-specific disclosures they include on these 
labels. In addition, the Rule requires that distributors of non-liquid 
alternative vehicle fuel provide certifications of the fuel rating in 
each transfer to anyone who is not a consumer.
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    \1\ 78 FR 23832 (April 23, 2013). The final amendments 
consolidated the FTC's alternative fueled vehicles (``AFV'') labels 
with the then new fuel economy labels required by the EPA thereby 
eliminating the FTC's separate labeling requirements for used AFV 
labels.

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[[Page 55608]]

Burden Estimates

    Annual Hours Burden: 6,000 hours.
    FTC staff estimates that approximately 20,000 industry participants 
(non-liquid fuel producers, distributors, and retailers) are subject to 
the Rule's information collection requirements. The burden estimates 
for covered entities are detailed below.\2\
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    \2\ 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). 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.
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    Labeling: Staff estimates that approximately 3,600 covered 
retailers must revise covered labels annually.\3\ Staff estimates that 
affected retailers require approximately one hour each per year for 
labeling their fuel dispensers for a total of 3,600 hours (3,600 
respondents x 1 hour per year).
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    \3\ Staff estimates that approximately 18,000 retailers are 
subject to the Rule's labeling requirements. Staff estimates that 
approximately 20% of covered retailers (3,600) will need to replace 
their labels annually because many labels remain effective for 
several years.
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    Recordkeeping: FTC staff estimates that approximately 20,000 
industry participants are subject to the Rule's recordkeeping 
requirements. Staff estimates that covered entities require 
approximately one-tenth of an hour each per year to comply with these 
requirements. This yields a burden of 2,000 hours per year (20,000 
respondents x 0.1 hours).
    Certification: Staff estimates that the Rule's fuel rating 
certification requirements will affect approximately 400 industry 
members (compressed natural gas producers and distributors and 
manufacturers of electric vehicle fuel dispensing systems). Staff 
anticipates that covered industry participants will spend approximately 
one hour per year to comply with this requirement for a total of 400 
hours (400 respondents x 1 hour per year).
    Accordingly, the estimated annual burden under the Rule is 6,000 
hours (3,600 + 2,000 + 400).
    Labor Costs: $175,298.
    FTC staff derive labor costs by applying appropriate hourly wage 
figures to the burden hours described above. According to Bureau of 
Labor Statistics data,\4\ the average compensation for fuel system 
operators is $35.49 per hour; and $12.91 per hour for automotive 
service attendants. These are factored into the FTC's estimates and 
assumptions below.
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    \4\ The wage estimates in this Notice are based on mean hourly 
wages found in Table 1. National employment and wage data from the 
Occupational Employment Statistics survey by occupation, May 2019, 
at https://www.bls.gov/news.release/ocwage.t01.htm. The wage rate 
for fuel system operators is based on data for ``petroleum pump 
system operators, refinery operators, and gaugers.'' The wage rate 
for automotive attendants is based on data for ``Automotive and 
watercraft service attendants.''
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    Labeling: Staff assumes that labeling is performed by fuel system 
operators. Applying relevant labor cost figures to the estimated burden 
hours for labeling yields an estimated annual labor cost of $127,764 
(3,600 hours x $35.49).
    Recordkeeping: Staff estimates that approximately \1/6\ of the 
total recordkeeping hours are performed by fuel system operators (\1/6\ 
of 2,000 hours = approximately 333 hours; 333 hours x $35.49 = $11,818) 
and that automotive service attendants account for the remaining \5/6\ 
of recordkeeping hours (\5/6\ of 2,000 hours = approximately 1,667 
hours; 1,667 hours x $12.91 = $21,520). Accordingly, staff estimates 
that the total labor cost for recordkeeping for affected industry is 
approximately $33,338 ($11,818 + $21,520).
    Certification: Staff assumes that certification is performed by 
fuel system operators. Estimated associated labor costs would be 
$14,196 (400 hours x $35.49).
    Accordingly, the estimated annual labor cost under the Rule is 
$175,298 ($127,764 + $33,338 + $14,196).
    Non-Labor Costs: $3,040.
    Staff believes there are no current start-up costs associated with 
the Rule, which has been in effect since 1995. Industry members 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 labels to comply with the Rule.
    The estimated annual fuel labeling cost, based on estimates of 
approximately 8,000 fuel dispensers (assumptions: an estimated 20% of 
20,000 total fuel retailers need to replace labels in any given year 
with an approximate five-year life for labels--i.e., 4,000 retailers--
multiplied by an average of two dispensers per retailer) at thirty-
eight cents for each label (per industry sources), is $3,040 ($0.38 x 
8,000).

Request for Comment

    Pursuant to Section 3506(c)(2)(A) of the PRA, 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.
    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before December 6, 
2021. Write ``Paperwork Comment: FTC File No. P134200'' on your 
comment. Your comment, including your name and your state--will be 
placed on the public record of this proceeding, including the https://www.regulations.gov website.
    Due to the public health emergency in response to the COVID-19 
outbreak and the agency's heightened security screening, postal mail 
addressed to the Commission will be subject to delay. We encourage you 
to submit your comments online through the https://www.regulations.gov 
website.
    If you prefer to file your comment on paper, write ``Paperwork 
Comment: FTC File No. P134200'' on your comment and on the envelope, 
and mail your comment to the following address: Federal Trade 
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite 
CC-5610 (Annex J), Washington, DC 20580, or deliver your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610, 
Washington, DC 20024. If possible, please submit your paper comment to 
the Commission by courier or overnight service.
    Because your comment will become publicly available at https://www.regulations.gov, you are solely responsible for making sure that 
your comment does not include any sensitive or confidential 
information. In particular, your comment should not include any 
sensitive personal information, such as your or anyone else's Social 
Security number; date of

[[Page 55609]]

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 does not include any sensitive health 
information, such as medical records or other individually identifiable 
health information. In addition, your comment should not include any 
``trade secret or any commercial or financial information which . . . 
is privileged or confidential''--as provided by 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)--
including in particular competitively sensitive information such as 
costs, sales statistics, inventories, formulas, patterns, devices, 
manufacturing processes, or customer names.
    Comments containing material for which confidential treatment is 
requested must be filed in paper form, must be clearly labeled 
``Confidential,'' and must comply with FTC Rule 4.9(c). In particular, 
the written request for confidential treatment that accompanies the 
comment must include the factual and legal basis for the request, and 
must identify the specific portions of the comment to be withheld from 
the public record. See FTC Rule 4.9(c). Your comment will be kept 
confidential only if the General Counsel grants your request in 
accordance with the law and the public interest. Once your comment has 
been posted on the https://www.regulations.gov website--as legally 
required by FTC Rule 4.9(b)--we cannot redact or remove your comment, 
unless you submit a confidentiality request that meets the requirements 
for such treatment under FTC Rule 4.9(c), and the General Counsel 
grants that request.
    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 December 6, 
2021. For information on the Commission's privacy policy, including 
routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.

Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2021-21763 Filed 10-5-21; 8:45 am]
BILLING CODE 6750-01-P