Notice2021-21763
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 6, 2021
Issuing agencies
Federal Trade Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 191 (Wednesday, October 6, 2021)</title>
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[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Notices]
[Pages 55607-55609]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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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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 <a href="https://www.bls.gov/news.release/ocwage.t01.htm">https://www.bls.gov/news.release/ocwage.t01.htm</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.ftc.gov/site-information/privacy-policy">https://www.ftc.gov/site-information/privacy-policy</a>.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2021-21763 Filed 10-5-21; 8:45 am]
BILLING CODE 6750-01-P
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</html>Indexed from Federal Register on October 6, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.