[Federal Register Volume 70, Number 164 (Thursday, August 25, 2005)]
[Pages 49925-49926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16889]



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

AGENCY: Federal Trade Commission (FTC).

ACTION: Notice.


SUMMARY: The FTC is seeking public comments on its proposal to extend 
through December 31, 2008 the current Paperwork Reduction Act (``PRA'') 
clearance for information collection requirements contained in its Fuel 
Rating Rule (``Rule''). That clearance expires on December 31, 2005.

DATES: Comments must be received on or before October 24, 2005.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Fuel Rating Rule: FTC File No. R811005'' to 
facilitate the organization of comments. A comment filed in paper form 
should include this reference both in the text and on the envelope and 
should be mailed or delivered, with two complete copies, to the 
following address: Federal Trade Commission, Room H 135 (Annex J), 600 
Pennsylvania Ave., NW., Washington, DC 20580. Because paper mail in the 
Washington area and at the Commission is subject to delay, please 
consider submitting your comments in electronic form, (in ASCII format, 
WordPerfect, or Microsoft Word) as part of or as an attachment to e-
mail messages directed to the following e-mail box: 
paperworkcomment@ftc.gov. However, if the comment contains any material 
for which confidential treatment is requested, it must be filed in 
paper form, and the first page of the document must be clearly labeled 
``Confidential.'' \1\

    \1\ Commission Rule 4.2(d), 16 CFR 4.2(d). The comment must be 
accompanied by an explicit request for confidential treatment, 
including the factual and legal basis for the request, and must 
identify the specific portions of the comment to be withheld from 
the public record. The request will be granted or denied by the 
Commission's General Counsel, consistent with applicable law and the 
public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c).

    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. All timely and responsive public comments will be 
considered by the Commission and will be available to the public on the 
FTC website, to the extent practicable, at www.ftc.gov. As a matter of 
discretion, the FTC makes every effort to remove home contact 
information for individuals from the public comments it receives before 
placing those comments on the FTC Web site. More information, including 
routine uses permitted by the Privacy Act, may be found in the FTC's 
privacy policy at http://www.ftc.gov/ftc/privacy.htm.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the proposed information

[[Page 49926]]

requirements should be sent to Neil Blickman, Attorney, Division of 
Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 
600 Pennsylvania Ave., NW., Washington, DC 20580, (202) 326-3038.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act (PRA), 44 
U.S.C. 3501-3520, 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 paperwork 
clearance for the regulations noted herein.
    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. All comments should be filed as prescribed in 
the ADDRESSES section above, and must be received on or before October 
24, 2005.
    The Fuel Rating Rule, 16 CFR part 306 (OMB Control Number: 3084-
0068), establishes standard procedures for determining, certifying, and 
disclosing the octane rating of automotive gasoline and the automotive 
fuel rating of alternative liquid automotive fuels, as required by the 
Petroleum Marketing Practices Act. 15 U.S.C. 2822(a)-(c). The Rule also 
requires refiners, producers, importers, distributors, and retailers to 
retain records showing how the ratings were determined, including 
delivery tickets or letters of certification.
    Estimated annual hours burden: \2\ 40,000 total burden hours 
(16,000 recordkeeping hours + 24,000 disclosure hours).

    \2\ All numbers pertaining to hours and cost burden estimates 
have been rounded to the nearest thousand.

    Recordkeeping: Based on industry sources, staff estimates that 
195,000 fuel industry members each incur an average annual burden of 
approximately five minutes to ensure retention of relevant business 
records for the period required by the Rule, resulting in a total of 
16,000 hours.
    Disclosure: Staff estimates that affected industry members incur an 
average burden of approximately one hour to produce, distribute, and 
post octane rating labels. Because the labels are durable, only about 
one of every eight industry members (i.e., approximately 24,000 of 
195,000 industry members) incur this burden each year, resulting in a 
total annual burden of 24,000 hours.
    Estimated annual cost burden: $804,000 ($720,000 in labor costs and 
$84,000 in non-labor costs).
    Labor costs: Staff estimates that the work associated with the 
Rule's recordkeeping and disclosure requirements is performed by 
skilled information and record clerks at an average rate of $18.00 per 
hour. Thus, the annual labor cost to respondents of complying with the 
recordkeeping and disclosure requirements of the Rule is estimated to 
be $720,000 ((16,000 hours + 24,000 hours) x $18.00 per hour).
    Capital or other non-labor costs: $84,000.
    Staff believes that there are no current start-up costs associated 
with the Rule. Because the Rule has been effective since 1979 for 
gasoline, and since 1993 for liquid alternative automotive fuels, 
industry members already have in place the capital equipment and other 
means necessary to comply with the Rule. Retailers (approximately 
170,000 industry members), however, do incur the cost of procuring (and 
replacing) fuel dispenser labels to comply with the Rule. According to 
industry input, the price per label is about fifty cents. Based on 
ranging industry estimates of a 6-10 year useful life per dispenser 
label, staff will conservatively factor into its calculation of 
labeling cost the shortest assumed useful life, i.e., 6 years. Staff 
believes that the average retailer has six dispensers, with all of them 
being obtained either simultaneously or otherwise within the same year. 
Assuming that, in any given year, \1/6\th of all retailers (28,000 
retailers) will replace their dispenser labels, staff estimates total 
labeling cost to be $84,000 (28,333 x 6 x .50 ).

Christian S. White,
Acting General Counsel.
[FR Doc. 05-16889 Filed 8-24-05; 8:45 am]