[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Rules and Regulations]
[Pages 69582-69583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26558]


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FEDERAL TRADE COMMISSION

16 CFR Part 306

RIN 3084-AB39


Automotive Fuel Ratings, Certification and Posting

AGENCY: Federal Trade Commission.

ACTION: Final rule; conforming amendment.

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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') is 
updating a reference in its rule for Automotive Fuel Ratings, 
Certification and Posting (``Fuel Rating Rule'' or ``Rule'') to reflect 
the Environmental Protection Agency's (``EPA'') recent

[[Page 69583]]

reorganization of its fuel-related regulations.

DATES: These rule revisions are effective on December 8, 2021.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome (202-326-2889), 
Attorney, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, Room CC-9528, 600 Pennsylvania Avenue NW, 
Washington, DC 20580.

SUPPLEMENTARY INFORMATION:

I. Conforming Amendment

    Recently, EPA issued amendments streamlining its fuel quality 
regulations (85 FR 78412 (Dec. 4, 2020)). As part of this process, EPA 
transferred regulations that are cross-referenced in the FTC's Fuel 
Rating Rule from 40 CFR part 80 to a new 40 CFR part 1090. To conform 
to these changes, the FTC amends Sec.  306.10 of its Fuel Rating Rule 
to update a reference to EPA's ethanol labeling requirements in 
paragraph (a). Specifically, in 16 CFR 306.10(a), the amendment removes 
the reference to 40 CFR 80.1501 and adds, in its place, a reference to 
40 CFR 1090.1510 (the new location of those same EPA requirements).

II. Procedural Requirements

    There is good cause for adopting this final rule without advance 
public notice or an opportunity for public comment.\1\ The amendment 
published in this document merely updates a cross reference to an EPA 
fuel quality rule referenced in the Commission's Rule. This minor 
technical revision does not change any substantive obligations under 
the Rule or create new requirements. In addition, under the 
Administrative Procedure Act, a final rule may be made effective 
without 30 days advance publication in the Federal Register if an 
agency finds good cause. Prompt adoption of this amendment is necessary 
to avoid confusion by updating the Rule's reference to EPA's ethanol 
labeling requirement. Therefore, this final rule is effective upon 
publication in the Federal Register.
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    \1\ Notice and comment are not required ``when the agency for 
good cause finds (and incorporates the finding and a brief statement 
of reasons therefore in the rules issued) that notice and public 
procedure thereon are impracticable, unnecessary, or contrary to the 
public interest.'' 5 U.S.C. 553(b)(3)(B).
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    The Office of Management and Budget (``OMB'') has approved the 
information collections contained in the Rule through September 30, 
2023 (OMB Control No. 3084-0068). Since this amendment only updates a 
cross-reference to existing EPA requirements, it does not change the 
Rule's information collection requirements and does not require further 
OMB clearance. The requirements of the Regulatory Flexibility Act also 
do not apply.\2\
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    \2\ A regulatory flexibility analysis under the RFA is required 
only when an agency must publish a notice of proposed rulemaking for 
comment. See 5 U.S.C. 603.
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    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs designated this rule 
as not a ``major rule,'' as defined by 5 U.S.C. 804(2).

List of Subjects in 16 CFR Part 306

    Fuel, Fuel ratings, Gasoline, Trade practices.

    For the reasons discussed in the preamble, the Federal Trade 
Commission amends part 306 of Title 16 of the Code of Federal 
Regulations as follows:

PART 306--AUTOMOTIVE FUEL RATINGS, CERTIFICATION AND POSTING

0
1. The authority citation for part 306 continues to read as follows:

    Authority: 15 U.S.C. 2801 et seq.; 42 U.S.C. 17021.


Sec.  306.10  [Amended]

0
2. In Sec.  306.10, in paragraph (a), remove ``40 CFR 80.1501'' and add 
in its place ``40 CFR 1090.1510''.

April J. Tabor,
Secretary.
[FR Doc. 2021-26558 Filed 12-7-21; 8:45 am]
BILLING CODE 6750-01-P