Agency Information Collection Activities; Proposed Collection; Comment Request, 366-368 [E9-31202]
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366
Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Notices
60 percent of the voting shares of
Shamrock Bank of Florida, Naples,
Florida, to be known as Florida Shores
Bank-Gulf Coast; and Florida Shores
Bancorp, Inc., Smith Associates Bank
Fund Management LLC, and Smith
Associates Florida Banking Fund LLC,
all of Pompano Beach, Florida, to
collectively acquire at least 60 percent
of Florida Shores Shamrock, Inc., and
thereby indirectly acquire control of
Shamrock Bank of Florida.
B. Federal Reserve Bank of San
Francisco (Tracy Basinger, Director,
Regional and Community Bank Group)
101 Market Street, San Francisco,
California 94105-1579:
1. Carpenter Fund Manager GP, LLC,
Carpenter Fund Management, LLC,
Carpenter Community Bancfund, L.P.,
Carpenter Community Bancfund-A, LP,
Carpenter Community Bancfund-CA,
L.P., SCJ, Inc., and CCFW, Inc., all of
Irvine, California, to acquire up to 87
percent of the voting shares of Mission
Community Bancorp, San Luis Obispo,
California.
Board of Governors of the Federal Reserve
System, December 30, 2009.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. E9–31256 Filed 1–4–10; 8:45 am]
BILLING CODE 6210–01–S
FEDERAL MARITIME COMMISSION
srobinson on DSKHWCL6B1PROD with PROPOSALS
Notice of Agreement Filed
The Commission hereby gives notice
of the filing of the following agreement
under the Shipping Act of 1984.
Interested parties may submit comments
on the agreement to the Secretary,
Federal Maritime Commission,
Washington, DC 20573, within ten days
of the date this notice appears in the
Federal Register. A copy of the
agreement is available through the
Commission’s Web site (https://
www.fmc.gov) or by contacting the
Office of Agreements at (202) 523–5793
or tradeanalysis@fmc.gov.
Agreement No.: 012088.
Title: Hanjin and WHS Transpacific
Vessel Sharing and Slot Allocation
Agreement.
Parties: Hanjin Shipping Co., Ltd. and
Wan Hai Lines (Singapore) PTE, Ltd.
Filing Party: Robert B. Yoshitomi,
Esq.; Nixon Peabody LLP; Gas Company
Tower; 555 West Fifth Street, 46th
Floor; Los Angeles, CA 90013.
Synopsis: The agreement authorizes
the parties to share vessel space in the
trade between the U.S. ports and ports
in Malaysia, Vietnam, Japan, Korea,
People’s Republic of China, Hong Kong,
Taiwan, and Republic of Singapore.
VerDate Nov<24>2008
16:41 Jan 04, 2010
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By Order of the Federal Maritime
Commission.
Dated: December 31, 2009.
Tanga S. FitzGibbon,
Assistant Secretary.
[FR Doc. E9–31371 Filed 1–4–10; 8:45 am]
BILLING CODE 6730–01–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request
AGENCY: Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’).
ACTION: Notice.
SUMMARY: The information collection
requirements described below will be
submitted to the Office of Management
and Budget (‘‘OMB’’) for review, as
required by the Paperwork Reduction
Act (‘‘PRA’’). The FTC is seeking public
comments on its proposal to extend
through March 31, 2013, the current
PRA clearance for information
collection requirements contained in its
Alternative Fuel Rule. Those clearances
expire on March 31, 2010.
DATES: Comments must be received on
or before March 8, 2010.
ADDRESSES: Interested parties are
invited to submit written comments
electronically or in paper form, by
following the instructions in the
Request for Comments to 60-Day Notice
part of the SUPPLEMENTARY INFORMATION
section below. Comments in electronic
form should be submitted by using the
following Web link: (https://
public.commentworks.com/ftc/
alternativefuelrulepra) (and following
the instructions on the web-based form).
Comments in paper form should be
mailed or delivered to the following
address: Federal Trade Commission,
Office of the Secretary, Room H–135
(Annex J), 600 Pennsylvania Avenue,
NW, Washington, DC 20580, in the
manner detailed in the SUPPLEMENTARY
INFORMATION below.
FOR FURTHER INFORMATION CONTACT:
Requests for copies of the collection of
information and supporting
documentation should be addressed to
Hampton Newsome, Attorney, Division
of Enforcement, Bureau of Consumer
Protection, Federal Trade Commission,
600 Pennsylvania Avenue, NW., NJ–
2122, Washington, DC 20580, (202) 326–
2889.
SUPPLEMENTARY INFORMATION:
Proposed Information Collection
Activities
Under the PRA, 44 U.S.C. 3501-3521,
federal agencies must obtain approval
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Sfmt 4703
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). Because the number of
entities affected by the Commission’s
requests will exceed ten, the
Commission plans to seek OMB
clearance under the PRA. As required
by § 3506(c)(2)(A) of the PRA, the
Commission is providing this
opportunity for public comment before
requesting that OMB extend the existing
paperwork clearance for the information
collection requirements associated with
the Commission’s regulations under the
Alternative Fuel Rule (‘‘the Rule’’), 16
CFR part 309.
The Rule, which implements the
Energy Policy Act of 1992, Pub. L. 102–
486, requires disclosure of specific
information on labels posted on fuel
dispensers for non-liquid alternative
fuels and on labels on Alternative
Fueled Vehicles (AFVs). To ensure the
accuracy of these disclosures, the Rule
also requires that sellers maintain
records substantiating product-specific
disclosures they include on these labels.
Request for Comments to 60-Day Notice
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 below, and
must be received on or before March 8,
2010.
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
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Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Notices
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 Federal Trade
Commission Act (‘‘FTC Act’’), 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). 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), 16 CFR 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 web link: (https://
public.commentworks.com/ftc/
alternativefuelrulepra) (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
web link: (https://
public.commentworks.com/ftc/
alternativefuelrulepra). 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 ‘‘Alternative Fuel
Rule: FTC File No. R311002’’ 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 J), 600
Pennsylvania Avenue, NW, Washington,
DC 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 FTC Act and other laws the
Commission administers permit the
collection of public comments to
1 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 CPR 4.9(c).
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16:41 Jan 04, 2010
Jkt 220001
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).
Burden Statement
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).
Moreover, as originally anticipated
when the Rule was promulgated in
1995, many of the information
collection requirements and the
originally-estimated hours were
associated with one-time start up tasks
of implementing standard systems and
processes.
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. 2
Nonetheless, there is still some burden
associated with posting labels. There is
also some minimal burden associated
with new or revised certification of fuel
ratings and recordkeeping. The burden
on vehicle manufacturers is limited
because only newly-manufactured
vehicles require label posting and
manufacturers produce very few new
models each year.
(1) Estimated total annual hours
burden: 38,000 total burden hours,
rounded to nearest thousand (includes
Non-liquid Alternative Fuels3 and
2 Label specifications were designed to produce
labels to withstand the elements for several years.
3 This includes compressed natural gas producers
and distributors and manufacturers of electric
vehicle fuel dispensing systems.
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367
Alternative Fuel Vehicle
Manufacturers) .
Non-liquid Alternative Fuels:
Certification: Staff estimates that the
Rule’s fuel rating certification
requirements affect approximately 550
industry members (compressed natural
gas producers and distributors and
manufacturers of electric vehicle fuel
dispensing systems) and consume
approximately one hour each per year
for a total of 550 hours.
Recordkeeping: Staff estimates that all
1,900 industry members (non-liquid fuel
producers, distributors, and retailers)
are subject to the Rule’s recordkeeping
requirements (associated with fuel
rating certification) and that compliance
requires approximately one-tenth hour
each per year for a total of 190 hours.
Labeling: Staff estimates that labeling
requirements affect approximately nine
of every ten industry members (or
roughly 1,700 members), but that the
number of annually affected members is
only 340 because labels may remain
effective for several years (staff assumes
that in any given year approximately
20% of 1,700 industry members will
need to replace their labels). Staff
estimates that industry members require
approximately one hour each per year
for labeling their fuel dispensers for a
total of 340 hours.
Sub-total (Non-liquid Alternative
Fuels): 1,080 hours (550 + 190 +340).
AFV Manufacturers:
Recordkeeping: Staff estimates that a
total of 8 manufacturers require 30
minutes to comply with the Rule’s
recordkeeping requirements for a total
of 4 hours.
Producing labels: Staff estimates 2.5
hours as the average time required of
manufacturers to produce labels for
each of the five new AFV models
introduced industry-wide each year for
a total of 12.5 hours.
Posting labels: Staff estimates 2
minutes as the average time to comply
with the posting requirements for each
of the approximately 1,121,153 new
AFVs manufactured each year for a total
of 37,371 hours.
Sub-total (AFV Manufacturers) :
37,388 hours (4 + 12.5 + 37,371).
Thus, the total burden for these
industries combined is approximately
38,000 hours (1,080 + 37,388), rounded
to nearest thousand.
(2) Estimated labor costs: $1,155,017
per year rounded (includes both Nonliquid Alternative Fuels and AFV
Manufacturers) .
Labor costs are derived by applying
appropriate hourly cost figures to the
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Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Notices
burden hours described above.
According to Bureau of Labor Statistics
data for 2008 (most recent available
whole-year information), the average
compensation for producers and
distributors in the fuel industry is
$27.28 per hour and $9.46 per hour for
service station employees; the average
compensation for workers in the vehicle
industry is $30.18 per hour.
estimates of 560 fuel dispensers
(assumptions: an estimated 20% of
1,400 total fuel retailers need to replace
labels in any given year given an
approximate five-year life for labels—
i.e., 280 retailers—multiplied by an
average of two dispensers per retailer) at
thirty-eight cents for each label (per
industry sources), is $212.8 ($0.38 ×
560).
Non-liquid Alternative Fuels:
Certification and labeling: Generally,
all of the estimated hours except for
recordkeeping will be performed by
producers and distributors of fuels.
Thus, the associated labor costs would
be $24,279. [(550 certification hours +
340 labeling hours) × $27.28]
Recordkeeping: Only 1/6 of the total
recordkeeping hours will be performed
by the producers and distributors of
fuels (1/6 of 190 hours = approximately
32 hours; 32 hours × $27.28 = $872.96);
the other 5/6 is attributable to service
station employees (5/6 of 190 hours =
approximately 158 hours; 158 hours ×
$9.46 = $1,494.68). Thus, the labor cost
due to recordkeeping for the entire
industry is approximately $2,368
($872.96 for producers and distributors
of fuels +$1,494.68 for service station
employees).
The total paperwork related labor cost
for the entire industry (Non-liquid
alternative fuels) is approximately
$26,647 ($24,279 for certification and
labeling costs + $2,368 for
recordkeeping costs).
AFV Manufacturers:
Here, too, staff believes that there are
no current start-up costs associated with
the Rule, for the same reasons as stated
immediately above regarding the
nonliquid alternative fuel industry.
However, based on the labeling of an
estimated 1,121,153 new and used AFVs
each year at thirty-eight cents for each
label (per industry sources), the annual
AFV labeling cost is estimated to be
$426,038.14 ($0.38 × 1,121,153).
Thus, the estimated total annual
nonlabor cost burden associated with
the Rule is $426,251 ($212.8 +
$426,038.14), rounded.
srobinson on DSKHWCL6B1PROD with PROPOSALS
AFV manufacturers:
The maximum labor cost for the entire
industry (AFV manufacturers) is
approximately $1,128,370 per year for
recordkeeping and producing and
posting labels (37,388 hours × $30.18/
hour).
Thus, the estimated total labor cost for
both industries for all paperwork
requirements is $1,155,017 ($26,647 +
$1,128,370) per year, rounded.
(3) Estimated annual non-labor cost
burden: $426,251 rounded (includes
both Non-liquid Alternative Fuels and
AFV Manufacturers).
Non-liquid Alternative Fuels:
Staff believes that there are no current
start-up costs associated with the Rule,
inasmuch as the Rule has been effective
since 1995. Industry members,
therefore, 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 and AFV labels
to comply with the Rule. The estimated
annual fuel labeling cost, based on
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16:41 Jan 04, 2010
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Willard Tom,
General Counsel.
[FR Doc. E9–31202 Filed 1–4–10; 8:45 am]
BILLING CODE 6750–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of the National Coordinator for
Health Information Technology; HIT
Standards Committee’s Workgroup
Meetings; Notice of Meetings
AGENCY: Office of the National
Coordinator for Health Information
Technology, HHS.
ACTION: Notice of meetings.
This notice announces forthcoming
subcommittee meetings of a federal
advisory committee of the Office of the
National Coordinator for Health
Information Technology (ONC). The
meetings will be open to the public via
dial-in access only.
Name of Committees: HIT Standards
Committee’s Workgroups: Clinical
Operations, Clinical Quality, Privacy &
Security, and Implementation
workgroups.
General Function of the Committee:
To provide recommendations to the
National Coordinator on standards,
implementation specifications, and
certification criteria for the electronic
exchange and use of health information
for purposes of adoption, consistent
with the implementation of the Federal
Health IT Strategic Plan, and in
accordance with policies developed by
the HIT Policy Committee.
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Sfmt 4703
Date and Time: The HIT Standards
Committee Workgroups will hold the
following public meetings during the
month of January 2010: January 21st
Clinical Operations’ Vocabulary Task
Force, 9 a.m. to 3 p.m./Eastern Time;
January 26th Implementation
Workgroup, 10 a.m. to 12 p.m./Eastern
Time; January 26th Privacy & Security
Workgroup, 3 p.m. to 5 p.m./Eastern
Time; and January 28th Clinical Quality
Workgroup, 2 p.m. to 4 p.m./Eastern
Time.
Location: All workgroup meetings
will be available via webcast; visit
https://healthit.hhs.gov for instructions
on how to listen via telephone or Web.
Please check the ONC Web site for
additional information as it becomes
available.
Contact Person: Judy Sparrow, Office
of the National Coordinator, HHS, 330 C
Street, SW., Washington, DC 20201,
202–205–4528, Fax: 202–690–6079, email: judy.sparrow@hhs.gov. Please call
the contact person for up-to-date
information on these meetings. A notice
in the Federal Register about last
minute modifications that impact a
previously announced advisory
committee meeting cannot always be
published quickly enough to provide
timely notice.
Agenda: The workgroups will be
discussing issues related to their
specific subject matter, e.g., clinical
operations standards, clinical quality
standards, privacy and security
standards, and implementation
activities. If background materials are
associated with the workgroup
meetings, they will be posted on ONC’s
Web site prior to the meeting at
https://healthit.hhs.gov.
Procedure: Interested persons may
present data, information, or views,
orally or in writing, on issues pending
before the workgroups. Written
submissions may be made to the contact
person on or before two days prior to
the workgroups’ meeting date. Oral
comments from the pubic will be
scheduled at the conclusion of each
workgroup meeting. Time allotted for
each presentation will be limited to
three minutes. If the number of speakers
requesting to comment is greater than
can be reasonably accommodated
during the scheduled open public
session, ONC will take written
comments after the meeting until close
of business on that day.
If you require special
accommodations due to a disability,
please contact Judy Sparrow at least
seven (7) days in advance of the
meeting.
ONC is committed to the orderly
conduct of its advisory committee
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Agencies
[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Notices]
[Pages 366-368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31202]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request
AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The information collection requirements described below will
be submitted to the Office of Management and Budget (``OMB'') for
review, as required by the Paperwork Reduction Act (``PRA''). The FTC
is seeking public comments on its proposal to extend through March 31,
2013, the current PRA clearance for information collection requirements
contained in its Alternative Fuel Rule. Those clearances expire on
March 31, 2010.
DATES: Comments must be received on or before March 8, 2010.
ADDRESSES: Interested parties are invited to submit written comments
electronically or in paper form, by following the instructions in the
Request for Comments to 60-Day Notice part of the SUPPLEMENTARY
INFORMATION section below. Comments in electronic form should be
submitted by using the following Web link: (https://public.commentworks.com/ftc/alternativefuelrulepra) (and following the
instructions on the web-based form). Comments in paper form should be
mailed or delivered to the following address: Federal Trade Commission,
Office of the Secretary, Room H-135 (Annex J), 600 Pennsylvania Avenue,
NW, Washington, DC 20580, in the manner detailed in the SUPPLEMENTARY
INFORMATION below.
FOR FURTHER INFORMATION CONTACT: Requests for copies of the collection
of information and supporting documentation should be addressed to
Hampton Newsome, Attorney, Division of Enforcement, Bureau of Consumer
Protection, Federal Trade Commission, 600 Pennsylvania Avenue, NW., NJ-
2122, Washington, DC 20580, (202) 326-2889.
SUPPLEMENTARY INFORMATION:
Proposed Information Collection Activities
Under the PRA, 44 U.S.C. 3501-3521, 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. Sec. 3502(3), 5 CFR
Sec. 1320.3 (c). Because the number of entities affected by the
Commission's requests will exceed ten, the Commission plans to seek OMB
clearance under the PRA. As required by Sec. 3506(c)(2)(A) of the PRA,
the Commission is providing this opportunity for public comment before
requesting that OMB extend the existing paperwork clearance for the
information collection requirements associated with the Commission's
regulations under the Alternative Fuel Rule (``the Rule''), 16 CFR part
309.
The Rule, which implements the Energy Policy Act of 1992, Pub. L.
102-486, requires disclosure of specific information on labels posted
on fuel dispensers for non-liquid alternative fuels and on labels on
Alternative Fueled Vehicles (AFVs). To ensure the accuracy of these
disclosures, the Rule also requires that sellers maintain records
substantiating product-specific disclosures they include on these
labels.
Request for Comments to 60-Day Notice
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
below, and must be received on or before March 8, 2010.
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
[[Page 367]]
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 Federal Trade Commission Act (``FTC Act''), 15
U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). 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), 16 CFR 4.9(c).\1\
---------------------------------------------------------------------------
\1\ 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 CPR
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 web link: (https://public.commentworks.com/ftc/alternativefuelrulepra) (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 web link: (https://public.commentworks.com/ftc/alternativefuelrulepra). 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 ``Alternative Fuel
Rule: FTC File No. R311002'' 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
J), 600 Pennsylvania Avenue, NW, Washington, DC 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 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).
Burden Statement
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). Moreover, as originally
anticipated when the Rule was promulgated in 1995, many of the
information collection requirements and the originally-estimated hours
were associated with one-time start up tasks of implementing standard
systems and processes.
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. \2\ Nonetheless, there is still some
burden associated with posting labels. There is also some minimal
burden associated with new or revised certification of fuel ratings and
recordkeeping. The burden on vehicle manufacturers is limited because
only newly-manufactured vehicles require label posting and
manufacturers produce very few new models each year.
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\2\ Label specifications were designed to produce labels to
withstand the elements for several years.
(1) Estimated total annual hours burden: 38,000 total burden hours,
rounded to nearest thousand (includes Non-liquid Alternative Fuels\3\
and Alternative Fuel Vehicle Manufacturers) .
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\3\ This includes compressed natural gas producers and
distributors and manufacturers of electric vehicle fuel dispensing
systems.
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Non-liquid Alternative Fuels:
Certification: Staff estimates that the Rule's fuel rating
certification requirements affect approximately 550 industry members
(compressed natural gas producers and distributors and manufacturers of
electric vehicle fuel dispensing systems) and consume approximately one
hour each per year for a total of 550 hours.
Recordkeeping: Staff estimates that all 1,900 industry members
(non-liquid fuel producers, distributors, and retailers) are subject to
the Rule's recordkeeping requirements (associated with fuel rating
certification) and that compliance requires approximately one-tenth
hour each per year for a total of 190 hours.
Labeling: Staff estimates that labeling requirements affect
approximately nine of every ten industry members (or roughly 1,700
members), but that the number of annually affected members is only 340
because labels may remain effective for several years (staff assumes
that in any given year approximately 20% of 1,700 industry members will
need to replace their labels). Staff estimates that industry members
require approximately one hour each per year for labeling their fuel
dispensers for a total of 340 hours.
Sub-total (Non-liquid Alternative Fuels): 1,080 hours (550 + 190
+340).
AFV Manufacturers:
Recordkeeping: Staff estimates that a total of 8 manufacturers
require 30 minutes to comply with the Rule's recordkeeping requirements
for a total of 4 hours.
Producing labels: Staff estimates 2.5 hours as the average time
required of manufacturers to produce labels for each of the five new
AFV models introduced industry-wide each year for a total of 12.5
hours.
Posting labels: Staff estimates 2 minutes as the average time to
comply with the posting requirements for each of the approximately
1,121,153 new AFVs manufactured each year for a total of 37,371 hours.
Sub-total (AFV Manufacturers) : 37,388 hours (4 + 12.5 + 37,371).
Thus, the total burden for these industries combined is
approximately 38,000 hours (1,080 + 37,388), rounded to nearest
thousand.
(2) Estimated labor costs: $1,155,017 per year rounded (includes
both Non-liquid Alternative Fuels and AFV Manufacturers) .
Labor costs are derived by applying appropriate hourly cost figures
to the
[[Page 368]]
burden hours described above. According to Bureau of Labor Statistics
data for 2008 (most recent available whole-year information), the
average compensation for producers and distributors in the fuel
industry is $27.28 per hour and $9.46 per hour for service station
employees; the average compensation for workers in the vehicle industry
is $30.18 per hour.
Non-liquid Alternative Fuels:
Certification and labeling: Generally, all of the estimated hours
except for recordkeeping will be performed by producers and
distributors of fuels. Thus, the associated labor costs would be
$24,279. [(550 certification hours + 340 labeling hours) x $27.28]
Recordkeeping: Only 1/6 of the total recordkeeping hours will be
performed by the producers and distributors of fuels (1/6 of 190 hours
= approximately 32 hours; 32 hours x $27.28 = $872.96); the other 5/6
is attributable to service station employees (5/6 of 190 hours =
approximately 158 hours; 158 hours x $9.46 = $1,494.68). Thus, the
labor cost due to recordkeeping for the entire industry is
approximately $2,368 ($872.96 for producers and distributors of fuels
+$1,494.68 for service station employees).
The total paperwork related labor cost for the entire industry
(Non-liquid alternative fuels) is approximately $26,647 ($24,279 for
certification and labeling costs + $2,368 for recordkeeping costs).
AFV manufacturers:
The maximum labor cost for the entire industry (AFV manufacturers)
is approximately $1,128,370 per year for recordkeeping and producing
and posting labels (37,388 hours x $30.18/hour).
Thus, the estimated total labor cost for both industries for all
paperwork requirements is $1,155,017 ($26,647 + $1,128,370) per year,
rounded.
(3) Estimated annual non-labor cost burden: $426,251 rounded
(includes both Non-liquid Alternative Fuels and AFV Manufacturers).
Non-liquid Alternative Fuels:
Staff believes that there are no current start-up costs associated
with the Rule, inasmuch as the Rule has been effective since 1995.
Industry members, therefore, 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 and AFV labels to comply with the Rule. The estimated annual
fuel labeling cost, based on estimates of 560 fuel dispensers
(assumptions: an estimated 20% of 1,400 total fuel retailers need to
replace labels in any given year given an approximate five-year life
for labels--i.e., 280 retailers--multiplied by an average of two
dispensers per retailer) at thirty-eight cents for each label (per
industry sources), is $212.8 ($0.38 x 560).
AFV Manufacturers:
Here, too, staff believes that there are no current start-up costs
associated with the Rule, for the same reasons as stated immediately
above regarding the nonliquid alternative fuel industry. However, based
on the labeling of an estimated 1,121,153 new and used AFVs each year
at thirty-eight cents for each label (per industry sources), the annual
AFV labeling cost is estimated to be $426,038.14 ($0.38 x 1,121,153).
Thus, the estimated total annual nonlabor cost burden associated
with the Rule is $426,251 ($212.8 + $426,038.14), rounded.
Willard Tom,
General Counsel.
[FR Doc. E9-31202 Filed 1-4-10; 8:45 am]
BILLING CODE 6750-01-S