Automotive Fuel Ratings, Certification and Posting, 9054-9056 [E9-4282]
Download as PDF
<![CDATA[
9054
Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Proposed Rules
Communications should identify both
docket numbers and be submitted in
triplicate to the address listed above.
Commenters wishing the FAA to
acknowledge receipt of their comments
on this notice must submit with those
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket No. FAA–2009–0120/Airspace
Docket No. 09–ACE–2.’’ The postcard
will be date/time stamped and returned
to the commenter.
erowe on PROD1PC63 with PROPOSALS-1
Availability of NPRMs
An electronic copy of this document
may be downloaded through the
Internet at https://www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s Web page at https://
www.faa.gov/airports_airtraffic/
air_traffic/publications/
airspace_amendments/.
Additionally, any person may obtain
a copy of this notice by submitting a
request to the Federal Aviation
Administration (FAA), Office of Air
Traffic Airspace Management, ATA–
400, 800 Independence Avenue, SW.,
Washington, DC 20591, or by calling
(202) 267–8783. Communications must
identify both docket numbers for this
notice. Persons interested in being
placed on a mailing list for future
NPRM’s should contact the FAA’s
Office of Rulemaking (202) 267–9677, to
request a copy of Advisory Circular No.
11–2A, Notice of Proposed Rulemaking
Distribution System, which describes
the application procedure.
The Proposal
This action proposes to amend Title
14, Code of Federal Regulations (14
CFR), Part 71 by adding Class E airspace
for SIAPs operations at Modisett
Airport, Rushville, NE. The area would
be depicted on appropriate aeronautical
charts.
Class E airspace areas are published
in Paragraph 6005 of FAA Order
7400.9S, dated October 3, 2008, and
effective October 31, 2008, which is
incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document would be
published subsequently in the Order.
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore, (1) Is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
VerDate Nov<24>2008
12:24 Feb 27, 2009
Jkt 217001
26, 1979); and (3) does not warrant
preparation of a Regulatory Evaluation
as the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this rule,
when promulgated, will not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act. The FAA’s authority to
issue rules regarding aviation safety is
found in Title 49 of the U.S. Code.
Subtitle 1, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it would add
controlled airspace at Modisett Airport,
Rushville, NE.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (Air).
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR Part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS;
AIRWAYS; ROUTES; AND REPORTING
POINTS
1. The authority citation for Part 71
continues to read as follows:
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9S, Airspace
Designations and Reporting Points,
dated October 3, 2008, and effective
October 31, 2008, is amended as
follows:
Paragraph 6005 Class E Airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
ACE NE E5
*
*
Rushville, NE [New]
Rushville, Modisett Airport, NE
(Lat. 42°44′12″ N., long. 102°26′40″ W.)
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
That airspace extending upward from 700
feet above the surface within a 7.3-mile
radius of Modisett Airport.
*
*
*
*
*
Issued in Fort Worth, TX on February 13,
2009.
Walter L. Tweedy,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. E9–4353 Filed 2–27–09; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Part 306
Automotive Fuel Ratings, Certification
and Posting
AGENCY: Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’).
ACTION: Request for public comments.
SUMMARY: As part of the Commission’s
systematic review of all current FTC
rules and guides, the Commission
requests public comment on the overall
costs, benefits, necessity, and regulatory
and economic impact of the FTC’s rule
for ‘‘Automotive Fuel Ratings,
Certification and Posting’’ (‘‘Fuel Rating
Rule’’ or ‘‘Rule’’).
DATES: Written comments must be
received by May 15, 2009.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to ‘‘Fuel Rating
Rule Review, Matter No. R811005’’ to
facilitate the organization of comments.
Please note that your comment—
including your name and your state—
will be placed on the public record of
this proceeding, including on the
publicly accessible FTC website, at
(https://www.ftc.gov/os/
publiccomments.shtm).
Because comments will be made
public, they should not include any
sensitive personal information, such as
an individual’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. Comments
also should not include any sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, comments should not 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 Commission Rule 4.10(a)(2),
16 CFR 4.10(a)(2). Comments containing
E:\FR\FM\02MRP1.SGM
02MRP1
Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Proposed Rules
erowe on PROD1PC63 with PROPOSALS-1
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).1
Because paper mail addressed to the
FTC is subject to delay due to
heightened security screening, please
consider submitting your comments in
electronic form. Comments filed in
electronic form should be submitted by
using the following weblink: (https://
secure.commentworks.com/ftcfuelratingrulereview) (and following the
instructions on the web-based form). To
ensure that the Commission considers
an electronic comment, you must file it
on the web-based form at the weblink
(https://secure.commentworks.com/ftcfuelratingrulereview). If this Notice
appears at (https://www.regulations.gov/
search/index.jsp), you may also file an
electronic comment through that
website. The Commission will consider
all comments that regulations.gov
forwards to it. You may also visit the
FTC website at https://www.ftc.gov to
read the Notice and the news release
describing it.
A comment filed in paper form
should include the ‘‘Fuel Rating Rule
Review, Matter No. R811005’’ reference
both in the text and on the envelope,
and should be mailed or delivered to the
following address: Federal Trade
Commission/Office of the Secretary,
Room H-135 (Annex M), 600
Pennsylvania Avenue, N.W.,
Washington, D.C. 20580. The FTC is
requesting that any comment filed in
paper form be sent by courier or
overnight service, if possible, because
U.S. postal mail in the Washington area
and at the Commission is subject to
delay due to heightened security
precautions.
The Federal Trade Commission Act
(‘‘FTC Act’’) and other laws 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,
whether filed in paper or electronic
form. Comments received will be
available to the public on the FTC
website, to the extent practicable, at
(https://www.ftc.gov/os/
publiccomments.shtm). As a matter of
1 FTC 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 FTC Rule 4.9(c), 16 CFR 4.9(c).
VerDate Nov<24>2008
12:24 Feb 27, 2009
Jkt 217001
discretion, the Commission makes every
effort to remove home contact
information for individuals from the
public comments it receives before
placing those comments on the FTC
website. More information, including
routine uses permitted by the Privacy
Act, may be found in the FTC’s privacy
policy, at (https://www.ftc.gov/ftc/
privacy.shtm).
FOR FURTHER INFORMATION CONTACT:
Matthew Wilshire, (202) 326-2976,
Attorney, Division of Enforcement,
Bureau of Consumer Protection, Federal
Trade Commission, 600 Pennsylvania
Avenue, N.W., Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
I. Background
The Fuel Rating Rule establishes
standard procedures for determining,
certifying, and posting, by means of a
label on the fuel dispenser, the
automotive fuel rating of liquid
automotive fuels, including liquid
alternative fuels. The Commission first
promulgated the Rule (then titled the
‘‘Octane Certification and Posting
Rule’’) in 1979 in accordance with the
Petroleum Marketing Practices Act
(‘‘PMPA’’) (15 U.S.C. 2821 et seq.). (44
FR 19160 (Mar. 30, 1979)). The Rule
originally only applied to gasoline. In
1993, in response to amendments to the
PMPA, the Commission expanded the
scope of the Rule to cover liquid
alternative fuels, including, but not
limited to, methanol, denatured ethanol,
liquefied natural gas, and coal-derived
liquid fuels. (58 FR 41356 (Aug. 3,
1993)). In 2008, the Commission again
amended the Rule to incorporate the
specific labeling requirements for
biodiesel, biomass-based diesel, and
blends thereof (collectively, ‘‘biodiesel
fuels’’) required by Section 205 of the
Energy Independence and Security Act
of 2007 (42 U.S.C. 17021). (73 FR 40154
(July 11, 2008)).
The Fuel Rating Rule designates
methods for rating, certifying, and
posting the rating of automotive fuels at
the point of sale. The Rule requires that
refiners, importers, and producers of
any liquid automotive fuel determine
that fuel’s ‘‘automotive fuel rating’’
before transferring it to a distributor or
retailer. For gasoline, the fuel rating is
the octane rating. For alternative fuels
other than biodiesel fuels, the rating is
the minimum percentage of the
principal component of the fuel. For
biodiesel fuels, it is the percentage of
biodiesel or biomass-based diesel in the
fuel. In addition, any covered entity,
including a distributor, that transfers a
fuel must provide a certification of the
fuel’s rating to the transferee either by
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
9055
including it in papers accompanying the
transfer or by letter. Finally, the Rule
requires retailers to post the fuel rating
by adhering a label to the retail fuel
pump. The Rule sets forth precise
specifications regarding the content,
size, color, and font of the labels.
II. Regulatory Review Program
The Commission reviews all current
Commission rules and guides
periodically. These reviews seek
information about the costs and benefits
of the Commission’s rules and guides as
well as their regulatory and economic
impact. The information obtained
assists the Commission in identifying
rules and guides that warrant
modification or rescission. Therefore,
the Commission solicits comments on,
among other things, the economic
impact of, and the continuing need for,
the Fuel Rating Rule; the benefits of the
Rule to purchasers of automotive fuels;
and the burdens the Rule places on
firms subject to its requirements.
III. Request for Comment
The Commission solicits comments
on the following specific questions
related to the Fuel Rating Rule:
(1) Is there a continuing need for the
Rule as currently promulgated? Why or
why not?
(2) What benefits has the Rule
provided to consumers? What evidence
supports the asserted benefits?
(3) What modifications, if any, should
the Commission make to the Rule to
increase its benefits to consumers?
(a) What evidence supports your
proposed modifications?
(b) How would these modifications
affect the costs and benefits of the Rule
for consumers?
(c) How would these modifications
affect the costs and benefits of the Rule
for businesses, particularly small
businesses?
(4) What impact has the Rule had on
the flow of truthful information to
consumers and on the flow of deceptive
information to consumers?
(5) What significant costs has the Rule
imposed on consumers? What evidence
supports the asserted costs?
(6) What modifications, if any, should
be made to the Rule to reduce the costs
imposed on consumers?
(a) What evidence supports your
proposed modifications?
(b) How would these modifications
affect the costs and benefits of the Rule
for consumers?
(c) How would these modifications
affect the costs and benefits of the Rule
for businesses, particularly small
businesses?
(7) Please provide any evidence that
has become available since 1993
E:\FR\FM\02MRP1.SGM
02MRP1
erowe on PROD1PC63 with PROPOSALS-1
9056
Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Proposed Rules
concerning consumer perception of fuel
rating labels. Does this new information
indicate that the Rule should be
modified? If so, why, and how? If not,
why not?
(8) Please provide any evidence that
has become available since 1993
concerning consumer interest in
particular fuel rating issues. Does this
new information indicate that the Rule
should be modified? If so, why, and
how? If not, why not?
(9) What benefits, if any, has the Rule
provided to businesses, and in
particular to small businesses? What
evidence supports the asserted benefits?
(10) What modifications, if any,
should be made to the Rule to increase
its benefits to businesses, and
particularly to small businesses?
(a) What evidence supports your
proposed modifications?
(b) How would these modifications
affect the costs and benefits of the Rule
for consumers?
(c) How would these modifications
affect the costs and benefits of the Rule
for businesses?
(11) What significant costs, including
costs of compliance, has the Rule
imposed on businesses, particularly
small businesses? What evidence
supports the asserted costs?
(12) What modifications, if any,
should be made to the Rule to reduce
the costs imposed on businesses, and
particularly on small businesses?
(a) What evidence supports your
proposed modifications?
(b) How would these modifications
affect the costs and benefits of the Rule
for consumers?
(c) How would these modifications
affect the costs and benefits of the Rule
for businesses?
(13) What evidence is available
concerning the degree of industry
compliance with the Rule? Does this
evidence indicate that the Rule should
be modified? If so, why, and how? If
not, why not?
(14) Are any of the Rule’s
requirements no longer needed? If so,
explain. Please provide supporting
evidence.
(15) What potentially unfair or
deceptive practices concerning the
rating, certifying, and posting of the
rating of automotive fuels, if any, are not
covered by the Rule?
(a) What evidence demonstrates the
existence of such practices?
(b) With reference to such practices,
should the Rule be modified? If so, why,
and how? If not, why not?
(16) What modifications, if any,
should be made to the Rule to account
for changes in relevant technology,
including development of new liquid
VerDate Nov<24>2008
17:04 Feb 27, 2009
Jkt 217001
alternative fuels, or economic
conditions?
(a) What evidence supports the
proposed modifications?
(b) How would these modifications
affect the costs and benefits of the Rule
for consumers and businesses,
particularly small businesses?
(17) Does the Rule overlap or conflict
with other federal, state, or local laws or
regulations? If so, how?
(a) What evidence supports the
asserted conflicts?
(b) With reference to the asserted
conflicts, should the Rule be modified?
If so, why, and how? If not, why not?
(c) Is there evidence concerning
whether the Rule has assisted in
promoting national consistency with
respect to the rating, certifying, and
posting the rating of automotive fuels?
If so, please provide that evidence.
(18) Are there foreign or international
laws, regulations, or standards with
respect to the rating, certifying, and
posting the rating of automotive fuels
that the Commission should consider as
it reviews the Rule? If so, what are they?
(a) Should the Rule be modified in
order to harmonize with these foreign or
international laws, regulations, or
standards? If so, why, and how? If not,
why not?
(b) How would such harmonization
affect the costs and benefits of the Rule
for consumers and businesses,
particularly small businesses?
List of Subjects in 16 CFR Part 306
Fuel ratings, Trade practices.
Authority: 15 U.S.C. 2801 et seq; 42 U.S.C.
17021
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E9–4282 Filed 2–27–09: 8:45 am]
BILLING CODE 6750–01–S
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
29 CFR Part 1635
RIN 3046–AA84
Regulations Under the Genetic
Information Nondiscrimination Act of
2008
AGENCY: Equal Employment
Opportunity Commission.
ACTION: Proposed rule.
SUMMARY: The Equal Employment
Opportunity Commission (‘‘EEOC’’ or
‘‘Commission’’) is issuing a proposed
rule that would implement Title II of the
Genetic Information Nondiscrimination
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
Act of 2008 (‘‘GINA’’). Congress enacted
Title II of GINA to protect job
applicants, current and former
employees, labor union members, and
apprentices and trainees from
discrimination based on their genetic
information. Title II of GINA requires
the EEOC to issue implementing
regulations. The Commission is
proposing these rules under that
authority to provide all persons subject
to Title II of GINA additional guidance
with regard to the law’s requirements.
The Commission invites written
comments from members of the public
on these proposed rules and on any
specific issues related to this proposal.
DATES: Comments regarding this
proposal must be received by the
Commission on or before May 1, 2009.
Please see the section below entitled
ADDRESSES and SUPPLEMENTARY
INFORMATION for additional information
on submitting comments.
ADDRESSES: You may submit comments
by any of the following methods:
By mail to Stephen Llewellyn,
Executive Officer, Executive Secretariat,
Equal Employment Opportunity
Commission, 131 M Street, NE., Suite
6NE03F, 20507.
By facsimile (‘‘FAX’’) machine to
(202) 663–4114. (There is no toll free
FAX number.) Only comments of six or
fewer pages will be accepted via FAX
transmittal, in order to assure access to
the equipment. Receipt of FAX
transmittals will not be acknowledged,
except that the sender may request
confirmation of receipt by calling the
Executive Secretariat staff at (202) 663–
4070 (voice) or (202) 663–4074 (TTY).
(These are not toll free numbers.)
By the Federal eRulemaking Portal:
https://www.regulations.gov. After
accessing this Web site, follow its
instructions for submitting comments.
Instructions: All comment
submissions must include the agency
name and docket number or the
Regulatory Information Number (RIN)
for this rulemaking. Comments need be
submitted in only one of the abovelisted formats, not all three. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information you provide.
Copies of the received comments also
will be available for inspection in the
EEOC Library, FOIA Reading Room, by
advanced appointment only, from 9 a.m.
to 5 p.m., Monday through Friday
except legal holidays, from March 2,
2009 until the Commission publishes
the rule in final form. Persons who
schedule an appointment in the EEOC
Library, FOIA Reading Room, and need
E:\FR\FM\02MRP1.SGM
02MRP1
]]>Agencies
[Federal Register Volume 74, Number 39 (Monday, March 2, 2009)]
[Proposed Rules]
[Pages 9054-9056]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4282]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 306
Automotive Fuel Ratings, Certification and Posting
AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').
ACTION: Request for public comments.
-----------------------------------------------------------------------
SUMMARY: As part of the Commission's systematic review of all current
FTC rules and guides, the Commission requests public comment on the
overall costs, benefits, necessity, and regulatory and economic impact
of the FTC's rule for ``Automotive Fuel Ratings, Certification and
Posting'' (``Fuel Rating Rule'' or ``Rule'').
DATES: Written comments must be received by May 15, 2009.
ADDRESSES: Interested parties are invited to submit written comments
electronically or in paper form. Comments should refer to ``Fuel Rating
Rule Review, Matter No. R811005'' to facilitate the organization of
comments. Please note that your comment--including your name and your
state--will be placed on the public record of this proceeding,
including on the publicly accessible FTC website, at (https://
www.ftc.gov/os/publiccomments.shtm).
Because comments will be made public, they should not include any
sensitive personal information, such as an individual'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. Comments also
should not include any sensitive health information, such as medical
records or other individually identifiable health information. In
addition, comments should not 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 Commission Rule
4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing
[[Page 9055]]
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).\1\
---------------------------------------------------------------------------
\1\ FTC 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 FTC Rule 4.9(c), 16 CFR 4.9(c).
---------------------------------------------------------------------------
Because paper mail addressed to the FTC is subject to delay due to
heightened security screening, please consider submitting your comments
in electronic form. Comments filed in electronic form should be
submitted by using the following weblink: (https://
secure.commentworks.com/ftc-fuelratingrulereview) (and following the
instructions on the web-based form). To ensure that the Commission
considers an electronic comment, you must file it on the web-based form
at the weblink (https://secure.commentworks.com/ftc-
fuelratingrulereview). If this Notice appears at (https://
www.regulations.gov/search/index.jsp), you may also file an electronic
comment through that website. The Commission will consider all comments
that regulations.gov forwards to it. You may also visit the FTC website
at https://www.ftc.gov to read the Notice and the news release
describing it.
A comment filed in paper form should include the ``Fuel Rating Rule
Review, Matter No. R811005'' reference both in the text and on the
envelope, and should be mailed or delivered to the following address:
Federal Trade Commission/Office of the Secretary, Room H-135 (Annex M),
600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. The FTC is
requesting that any comment filed in paper form be sent by courier or
overnight service, if possible, because U.S. postal mail in the
Washington area and at the Commission is subject to delay due to
heightened security precautions.
The Federal Trade Commission Act (``FTC Act'') and other laws 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,
whether filed in paper or electronic form. Comments received will be
available to the public on the FTC website, to the extent practicable,
at (https://www.ftc.gov/os/publiccomments.shtm). As a matter of
discretion, the Commission makes every effort to remove home contact
information for individuals from the public comments it receives before
placing those comments on the FTC website. More information, including
routine uses permitted by the Privacy Act, may be found in the FTC's
privacy policy, at (https://www.ftc.gov/ftc/privacy.shtm).
FOR FURTHER INFORMATION CONTACT: Matthew Wilshire, (202) 326-2976,
Attorney, Division of Enforcement, Bureau of Consumer Protection,
Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, DC
20580.
SUPPLEMENTARY INFORMATION:
I. Background
The Fuel Rating Rule establishes standard procedures for
determining, certifying, and posting, by means of a label on the fuel
dispenser, the automotive fuel rating of liquid automotive fuels,
including liquid alternative fuels. The Commission first promulgated
the Rule (then titled the ``Octane Certification and Posting Rule'') in
1979 in accordance with the Petroleum Marketing Practices Act
(``PMPA'') (15 U.S.C. 2821 et seq.). (44 FR 19160 (Mar. 30, 1979)). The
Rule originally only applied to gasoline. In 1993, in response to
amendments to the PMPA, the Commission expanded the scope of the Rule
to cover liquid alternative fuels, including, but not limited to,
methanol, denatured ethanol, liquefied natural gas, and coal-derived
liquid fuels. (58 FR 41356 (Aug. 3, 1993)). In 2008, the Commission
again amended the Rule to incorporate the specific labeling
requirements for biodiesel, biomass-based diesel, and blends thereof
(collectively, ``biodiesel fuels'') required by Section 205 of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17021). (73 FR
40154 (July 11, 2008)).
The Fuel Rating Rule designates methods for rating, certifying, and
posting the rating of automotive fuels at the point of sale. The Rule
requires that refiners, importers, and producers of any liquid
automotive fuel determine that fuel's ``automotive fuel rating'' before
transferring it to a distributor or retailer. For gasoline, the fuel
rating is the octane rating. For alternative fuels other than biodiesel
fuels, the rating is the minimum percentage of the principal component
of the fuel. For biodiesel fuels, it is the percentage of biodiesel or
biomass-based diesel in the fuel. In addition, any covered entity,
including a distributor, that transfers a fuel must provide a
certification of the fuel's rating to the transferee either by
including it in papers accompanying the transfer or by letter. Finally,
the Rule requires retailers to post the fuel rating by adhering a label
to the retail fuel pump. The Rule sets forth precise specifications
regarding the content, size, color, and font of the labels.
II. Regulatory Review Program
The Commission reviews all current Commission rules and guides
periodically. These reviews seek information about the costs and
benefits of the Commission's rules and guides as well as their
regulatory and economic impact. The information obtained assists the
Commission in identifying rules and guides that warrant modification or
rescission. Therefore, the Commission solicits comments on, among other
things, the economic impact of, and the continuing need for, the Fuel
Rating Rule; the benefits of the Rule to purchasers of automotive
fuels; and the burdens the Rule places on firms subject to its
requirements.
III. Request for Comment
The Commission solicits comments on the following specific
questions related to the Fuel Rating Rule:
(1) Is there a continuing need for the Rule as currently
promulgated? Why or why not?
(2) What benefits has the Rule provided to consumers? What evidence
supports the asserted benefits?
(3) What modifications, if any, should the Commission make to the
Rule to increase its benefits to consumers?
(a) What evidence supports your proposed modifications?
(b) How would these modifications affect the costs and benefits of
the Rule for consumers?
(c) How would these modifications affect the costs and benefits of
the Rule for businesses, particularly small businesses?
(4) What impact has the Rule had on the flow of truthful
information to consumers and on the flow of deceptive information to
consumers?
(5) What significant costs has the Rule imposed on consumers? What
evidence supports the asserted costs?
(6) What modifications, if any, should be made to the Rule to
reduce the costs imposed on consumers?
(a) What evidence supports your proposed modifications?
(b) How would these modifications affect the costs and benefits of
the Rule for consumers?
(c) How would these modifications affect the costs and benefits of
the Rule for businesses, particularly small businesses?
(7) Please provide any evidence that has become available since
1993
[[Page 9056]]
concerning consumer perception of fuel rating labels. Does this new
information indicate that the Rule should be modified? If so, why, and
how? If not, why not?
(8) Please provide any evidence that has become available since
1993 concerning consumer interest in particular fuel rating issues.
Does this new information indicate that the Rule should be modified? If
so, why, and how? If not, why not?
(9) What benefits, if any, has the Rule provided to businesses, and
in particular to small businesses? What evidence supports the asserted
benefits?
(10) What modifications, if any, should be made to the Rule to
increase its benefits to businesses, and particularly to small
businesses?
(a) What evidence supports your proposed modifications?
(b) How would these modifications affect the costs and benefits of
the Rule for consumers?
(c) How would these modifications affect the costs and benefits of
the Rule for businesses?
(11) What significant costs, including costs of compliance, has the
Rule imposed on businesses, particularly small businesses? What
evidence supports the asserted costs?
(12) What modifications, if any, should be made to the Rule to
reduce the costs imposed on businesses, and particularly on small
businesses?
(a) What evidence supports your proposed modifications?
(b) How would these modifications affect the costs and benefits of
the Rule for consumers?
(c) How would these modifications affect the costs and benefits of
the Rule for businesses?
(13) What evidence is available concerning the degree of industry
compliance with the Rule? Does this evidence indicate that the Rule
should be modified? If so, why, and how? If not, why not?
(14) Are any of the Rule's requirements no longer needed? If so,
explain. Please provide supporting evidence.
(15) What potentially unfair or deceptive practices concerning the
rating, certifying, and posting of the rating of automotive fuels, if
any, are not covered by the Rule?
(a) What evidence demonstrates the existence of such practices?
(b) With reference to such practices, should the Rule be modified?
If so, why, and how? If not, why not?
(16) What modifications, if any, should be made to the Rule to
account for changes in relevant technology, including development of
new liquid alternative fuels, or economic conditions?
(a) What evidence supports the proposed modifications?
(b) How would these modifications affect the costs and benefits of
the Rule for consumers and businesses, particularly small businesses?
(17) Does the Rule overlap or conflict with other federal, state,
or local laws or regulations? If so, how?
(a) What evidence supports the asserted conflicts?
(b) With reference to the asserted conflicts, should the Rule be
modified? If so, why, and how? If not, why not?
(c) Is there evidence concerning whether the Rule has assisted in
promoting national consistency with respect to the rating, certifying,
and posting the rating of automotive fuels? If so, please provide that
evidence.
(18) Are there foreign or international laws, regulations, or
standards with respect to the rating, certifying, and posting the
rating of automotive fuels that the Commission should consider as it
reviews the Rule? If so, what are they?
(a) Should the Rule be modified in order to harmonize with these
foreign or international laws, regulations, or standards? If so, why,
and how? If not, why not?
(b) How would such harmonization affect the costs and benefits of
the Rule for consumers and businesses, particularly small businesses?
List of Subjects in 16 CFR Part 306
Fuel ratings, Trade practices.
Authority: 15 U.S.C. 2801 et seq; 42 U.S.C. 17021
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E9-4282 Filed 2-27-09: 8:45 am]
BILLING CODE 6750-01-S
