Agency Information Collection Activities; Proposed Collection; Comment Request; Extension, 26470-26472 [2020-09379]
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26470
Federal Register / Vol. 85, No. 86 / Monday, May 4, 2020 / Notices
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people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
Ex Parte Rules: This proceeding shall
be treated as a ‘‘permit-but-disclose’’
proceeding in accordance with the
Commission’s ex parte rules. Persons
making ex parte presentations must file
a copy of any written presentation or a
memorandum summarizing any oral
presentation within two business days
after the presentation (unless a different
deadline applicable to the Sunshine
period applies). Persons making oral ex
parte presentations are reminded that
memoranda summarizing the
presentation must: (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made; and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenters
written comments, memoranda, or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with § 1.1206(b)
of the Commission’s rules. In
proceedings governed by § 1.49(f) of the
rules or for which the Commission has
made available a method of electronic
filing, written ex parte presentations
and memoranda summarizing oral ex
parte presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml., .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
Synopsis
In the Order (85 FR 22804 (April 23,
2020)), the Commission adopted rules to
make 280 megahertz of mid-band
spectrum available for flexible use, plus
a 20 megahertz guard band throughout
the contiguous United States by
transitioning existing services out of the
lower portion and into the upper 200
megahertz of the C-band. The Order
established that new 3.7 GHz Service
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licensees will reimburse the reasonable
relocation costs of eligible Fixed
Satellite Service (FSS) space station
operators, incumbent FSS earth station
operators, and incumbent Fixed Service
licensees (collectively, incumbents) to
transition out of the band. To provide
incumbents and new 3.7 GHz Service
licensees with a range of reasonable
transition costs, the Order directed the
Bureau to establish a cost category
schedule of the types of expenses that
incumbents may incur. The Order
provided for the creation of a Relocation
Payment Clearinghouse to oversee the
cost-related aspects of the transition,
including by collecting relocation
payments from overlay licensees and
disbursing those payments to
incumbents. In determining the
reasonableness of costs for which
incumbents seek reimbursement, the
Order directed that the Relocation
Payment Clearinghouse shall presume
as reasonable all submissions that fall
within the estimated range of costs in
the final cost category schedule.
The Cost Catalog (included as an
attachment to the Public Notice)
contains categories and estimates of
expenses that incumbents may incur as
they clear FSS operations from the 3.7–
4.0 GHz portion of the band and Fixed
Service operations from the entire Cband to make the lower 280 megahertz
available for flexible use. The
Commission engaged a third-party
contractor, RKF Engineering Solutions,
LLC (RKF), to assist in identifying costs
that incumbents might incur and to
assist with the development of a cost
category schedule. To compile the
information needed for the preliminary
Cost Catalog, RKF considered the
Order’s initial relocation cost estimates,
derived from comments and filings in
the record, and conducted confidential
interviews with a broad range of
stakeholders, including satellite
operators, earth station operators, Fixed
Service licensees, and vendors. With
this input from RKF, and in accordance
with the Commission’s directions, the
Bureau has developed this Cost Catalog.
The Bureau seeks comment on the
Cost Catalog, including whether the
preliminary categories and estimated
expenses for each are reasonable.
Although the Cost Catalog represents an
initial summary of estimated expenses
that eligible incumbents may incur, the
Bureau encourages commenters to
identify any additional expense
categories that they believe should be
eligible for reimbursement and prices
that should be associated with those
categories. Does the Cost Catalog cover
every situation? If not, what are
additional situations that the Bureau
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should consider? For both the initial
summary set out in the Cost Catalog and
for any additions to the Cost Catalog
that commenters may suggest, the
Bureau is interested in obtaining
information on specific prices, as well
as more general information on the costs
that incumbents expect to incur.
The Cost Catalog also contains
preliminary categories of the various
classes of earth stations that may choose
to receive a lump sum payment in place
of their actual reasonable relocation
costs. The Order established that
incumbent earth station operators may
either accept (1) reimbursement for their
actual reasonable relocation costs by
maintaining satellite reception; or (2) a
lump sum reimbursement ‘‘based on the
average, estimated costs of relocating all
of their incumbent earth stations’’ to the
upper 200 megahertz of the C-band. The
Bureau seeks comment on the
preliminary categories provided in the
Cost Catalog and whether they cover the
relevant classes of earth stations. If not,
what are additional relevant classes of
earth stations that the Bureau should
consider including? The Bureau also
seeks comment on the appropriate lump
sum amounts for each category, which
will be based on the average estimated
costs of relocation for that class of earth
station. What are the specific costs and
prices that should be included in the
lump sum amount for each class of earth
station? The Bureau will determine the
final lump sum amounts according to
the final estimated earth station
transition costs in the final Cost Catalog.
Consistent with the Order, the Bureau
will publish the final lump sum
amounts and provide instructions for
making such an election, after
considering the record compiled on the
foregoing issues.
Amy Brett,
Associate Chief, Competition and
Infrastructure Policy Division, Wireless
Telecommunications Bureau.
[FR Doc. 2020–09496 Filed 5–1–20; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Extension
Federal Trade Commission.
Notice.
AGENCY:
ACTION:
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
SUMMARY:
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Federal Register / Vol. 85, No. 86 / Monday, May 4, 2020 / Notices
Management and Budget (OMB)
clearance for information collection
requirements in its Fuel Rating Rule (the
Rule). The current clearance expires on
July 31, 2020.
DATES: Comments must be received on
or before July 6, 2020.
ADDRESSES: Interested parties may file a
comment online or on paper by
following the instructions in the
Request for Comments part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Fuel Rating Rule; PRA
Comment: FTC File No. P072108’’ on
your comment, and file your comment
online at https://www.regulations.gov by
following the instructions on the webbased 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, Division
of Enforcement, Federal Trade
Commission, Room CC–9528, 600
Pennsylvania Avenue NW, Washington,
DC 20580, (202) 326–2889.
SUPPLEMENTARY INFORMATION:
Title: Fuel Rating Rule (the Rule), 16
CFR part 306.
OMB Control Number: 3084–0068.
Type of Review: Extension of a
currently approved collection.
Likely Respondents:
(a) Recordkeeping: Refiners,
Producers, Importers, Distributors, and
Retailers of the Covered Fuel Types.
(b) Disclosure: Retailers of the
Covered Fuel Types.
Estimated Annual Burden Hours:
32,907 (derived from 13,417
recordkeeping hours added to 19,490
disclosure hours).
Estimated Annual Labor Costs:
$389,646.
Estimated Annual Capital or Other
Non-labor Costs: $77,960.
Abstract:
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
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were determined, including delivery
tickets or letters of certification.
Under the PRA, 44 U.S.C. 3501–3521,
the FTC is requesting that OMB renew
the clearance for the PRA burden
associated with the Rule.
Burden statement:
Estimated annual burden hours:
32,907 (derived from 13,417
recordkeeping hours added to 19,490
disclosure hours).
Recordkeeping: Based on industry
sources, staff estimates that
approximately 161,000 fuel industry
members 1 each incur an average annual
burden of approximately five minutes to
ensure retention of relevant business
records 2 for the period required by the
Rule, resulting in a total of 13,417
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 member retailers (19,490
of 155,920 industry member retailers)
incur this burden each year, resulting in
a total annual burden of 19,490 hours.
Estimated annual labor costs:
$389,646.
Labor costs are derived by applying
appropriate hourly cost figures to the
burden hours described above. Here, the
average hourly wages of refiners,
producers, distributors, and importers is
$34.94.3 The average hourly wages of
retailers is $11.54.4 The recordkeeping
component, 13,417 hours, consists of
approximately 423 hours for producers,
1 Staff derived the number of fuel industry
members by adding the number of refiners,
producers, importers, distributors, and retailers of
these types of fuel. Staff consulted government
agencies and industry sources in estimating a
population of approximately 161,000 fuel industry
members, including 155,920 retailers of automotive
fuel. Some of the government websites reviewed to
update these numbers include: https://www.eia.gov/
dnav/pet/pet_pnp_cap1_dcu_nus_a.htm (Gasoline
Producers); https://www.eia.gov/biofuels/biodiesel/
production/ (Biodiesel Producers); https://
www.afdc.energy.gov/fuels/ (Alternative Fuel
Stations); https://www.nacsonline.com/
YourBusiness/FuelsReports/2015/Documents/2015NACS-Fuels-Report_full.pdf (Petroleum Stations).
2 Under the Fuel Rating Rule, refiners, producers,
importers, distributors, and retailers of automotive
fuel must retain, for one year, records of any
delivery tickets, letters of certification, or tests upon
which they based the automotive fuel ratings that
they certify or post. See the Fuel Rating Rule’s
recordkeeping requirements, 16 CFR 306.7; 306.9;
and 306.11.
3 See https://www.bls.gov/iag/tgs/
iag211.htm#earnings (Bureau of Labor Statistics,
May 2019 Occupational Employment Statistics,
Hourly mean wages for petroleum pump system
operators, refinery operators, and gaugers).
4 See https://www.bls.gov/iag/tgs/iag447.htm
(Bureau of Labor Statistics, May 2019 Occupational
Employment Statistics, Hourly mean wages for
service station attendants).
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26471
distributors, and importers; and 12,994
hours for retailers. Thus, the total
annual labor cost for recordkeeping is
$164,731 ((423 hours × $34.94) +
(12,994 hours × $11.54/hour)). The
disclosure component, which concerns
retailers, is approximately 19,490 hours.
Thus, total annual labor cost for
disclosure is $224,915 (19,490 hours ×
$11.54/hour).
Estimated annual non-labor costs:
$77,960.
Staff believes that the Rule does not
impose any capital costs for producers,
importers, or distributors of fuels.
Retailers, however, incur the cost of
procuring and replacing fuel dispenser
labels to comply with the Rule. Staff
conservatively estimates that the price
per automotive fuel label is two dollars
and that the average automotive fuel
retailer has six dispensers; thus, $12
labeling cost at inception per retailer.5
Staff has previously estimated a
dispenser useful life range of 6 to 10
years and, based on that, assumed a
useful life of 8 years for labels, the mean
of that range. Given that, replacement
labeling will not be necessary for well
beyond the relevant period at issue, i.e.,
the immediate 3-year PRA clearance
sought. However, conservatively
annualizing the $12 labeling cost at
inception per retailer over that shorter
period rather than average useful life,
annualized labeling cost per retailer will
be $4. Cumulative labeling cost would
thus be $77,960 (155,920 retailers × 1/
8 6 × $4 each, annualized).
Request for Comments
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 maintaining records and
providing disclosures to consumers. All
comments must be received on or before
July 6, 2020.
You can file a comment online or on
paper. For the FTC to consider your
comment, we must receive it on or
before July 6, 2020. Write ‘‘Fuel Rating
5 See 75 FR 12,470, 12,477 (Mar. 16, 2010)
(proposed rulemaking) (estimating the price range
per pump to be one to two dollars).
6 On average, each label needs to be replaced once
every 8 years. Annualizing this cost equates to 1⁄8
or 0.125.
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26472
Federal Register / Vol. 85, No. 86 / Monday, May 4, 2020 / Notices
Rule; PRA Comment: FTC File No.
P072108’’ on your comment. Postal mail
addressed to the Commission is subject
to delay due to heightened security
screening. As a result, we encourage you
to submit your comments online. To
make sure that the Commission
considers your online comment, you
must file it through the https://
www.regulations.gov website by
following the instructions on the webbased form provided. Your comment—
including your name and your state—
will be placed on the public record of
this proceeding, including the https://
www.regulations.gov website.
If you file your comment on paper,
write ‘‘Fuel Rating Rule; PRA Comment:
FTC File No. P072108’’ 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 (Annex
J), Washington, DC 20024. If possible,
submit your paper comment to the
Commission by courier or overnight
service.
Because your comment will be placed
on the public record, 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
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).
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19:03 May 01, 2020
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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 publicly at
www.regulations.gov, 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 July 6, 2020. You can find more
information, including routine uses
permitted by the Privacy Act, in the
Commission’s privacy policy, at https://
www.ftc.gov/site-information/privacypolicy.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2020–09379 Filed 5–1–20; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Agency for Healthcare Research and
Quality
National Advisory Council for
Healthcare Research and Quality:
Request for Nominations for Members
Agency for Healthcare Research
and Quality (AHRQ), HHS.
ACTION: Notice of request for
nominations for members.
AGENCY:
The National Advisory
Council for Healthcare Research and
Quality (the Council) is to advise the
Secretary of HHS (Secretary) and the
Director of the Agency for Healthcare
Research and Quality (AHRQ) with
respect to activities proposed or
undertaken to carry out AHRQ’s
statutory mission. AHRQ produces
evidence to make health care safer,
higher quality, more accessible,
equitable, and affordable, and to work
within the U.S. Department of Health
and Human Services and with other
partners to make sure that the evidence
is understood and used. Seven current
SUMMARY:
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members’ terms will expire in
November 2020.
DATES: Nominations should be received
on or before 60 days after date of
publication of this notice.
ADDRESSES: Nominations should be sent
to Jaime Zimmerman, AHRQ, 5600
Fishers Lane, 06E37A, Rockville,
Maryland 20857. Nominations may also
be emailed to
NationalAdvisoryCouncil@ahrq.hhs.gov.
FOR FURTHER INFORMATION CONTACT:
Jaime Zimmerman, AHRQ, at (301) 427–
1456.
SUPPLEMENTARY INFORMATION: 42 U.S.C.
299c provides that the Secretary shall
appoint to the Council twenty-one
appropriately qualified individuals. At
least seventeen members shall be
representatives of the public and at least
one member shall be a specialist in the
rural aspects of one or more of the
professions or fields listed below. In
addition, the Secretary designates, as ex
officio members, representatives from
other Federal agencies, principally
agencies that conduct or support health
care research, as well as Federal officials
the Secretary may consider appropriate.
42 U.S.C. 299c(c)(3).
Seven current members’ terms will
expire in November 2020. To fill these
positions, we are seeking individuals
who: (1) Are distinguished in the
conduct of research, demonstration
projects, and evaluations with respect to
health care; (2) are distinguished in the
fields of health care quality research or
health care improvement; (3) are
distinguished in the practice of
medicine; (4) are distinguished in other
health professions; (5) represent the
private health care sector (including
health plans, providers, and purchasers)
or are distinguished as administrators of
health care delivery systems; (6) are
distinguished in the fields of health care
economics, information systems, law,
ethics, business, or public policy; and
(7) represent the interests of patients
and consumers of health care. 42 U.S.C.
299c(c)(2). Individuals are particularly
sought with experience and success in
these activities. AHRQ will accept
nominations to serve on the Council in
a representative capacity.
The Council meets in the Washington,
DC, metropolitan area, generally in
Rockville, Maryland, approximately
three times a year to provide broad
guidance to the Secretary and AHRQ’s
Director on the direction of and
programs undertaken by AHRQ.
Seven individuals will be selected by
the Secretary to serve on the Council
beginning with the meeting in the
spring of 2021. Members generally serve
3-year terms. Appointments are
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Agencies
[Federal Register Volume 85, Number 86 (Monday, May 4, 2020)]
[Notices]
[Pages 26470-26472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09379]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request; Extension
AGENCY: Federal Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
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
[[Page 26471]]
Management and Budget (OMB) clearance for information collection
requirements in its Fuel Rating Rule (the Rule). The current clearance
expires on July 31, 2020.
DATES: Comments must be received on or before July 6, 2020.
ADDRESSES: Interested parties may file a comment online or on paper by
following the instructions in the Request for Comments part of the
SUPPLEMENTARY INFORMATION section below. Write ``Fuel Rating Rule; PRA
Comment: FTC File No. P072108'' on your comment, and file your comment
online at https://www.regulations.gov 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, Division of
Enforcement, Federal Trade Commission, Room CC-9528, 600 Pennsylvania
Avenue NW, Washington, DC 20580, (202) 326-2889.
SUPPLEMENTARY INFORMATION:
Title: Fuel Rating Rule (the Rule), 16 CFR part 306.
OMB Control Number: 3084-0068.
Type of Review: Extension of a currently approved collection.
Likely Respondents:
(a) Recordkeeping: Refiners, Producers, Importers, Distributors,
and Retailers of the Covered Fuel Types.
(b) Disclosure: Retailers of the Covered Fuel Types.
Estimated Annual Burden Hours: 32,907 (derived from 13,417
recordkeeping hours added to 19,490 disclosure hours).
Estimated Annual Labor Costs: $389,646.
Estimated Annual Capital or Other Non-labor Costs: $77,960.
Abstract:
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.
Under the PRA, 44 U.S.C. 3501-3521, the FTC is requesting that OMB
renew the clearance for the PRA burden associated with the Rule.
Burden statement:
Estimated annual burden hours: 32,907 (derived from 13,417
recordkeeping hours added to 19,490 disclosure hours).
Recordkeeping: Based on industry sources, staff estimates that
approximately 161,000 fuel industry members \1\ each incur an average
annual burden of approximately five minutes to ensure retention of
relevant business records \2\ for the period required by the Rule,
resulting in a total of 13,417 hours.
---------------------------------------------------------------------------
\1\ Staff derived the number of fuel industry members by adding
the number of refiners, producers, importers, distributors, and
retailers of these types of fuel. Staff consulted government
agencies and industry sources in estimating a population of
approximately 161,000 fuel industry members, including 155,920
retailers of automotive fuel. Some of the government websites
reviewed to update these numbers include: https://www.eia.gov/dnav/pet/pet_pnp_cap1_dcu_nus_a.htm (Gasoline Producers); https://www.eia.gov/biofuels/biodiesel/production/ (Biodiesel Producers);
https://www.afdc.energy.gov/fuels/ (Alternative Fuel Stations);
https://www.nacsonline.com/YourBusiness/FuelsReports/2015/Documents/2015-NACS-Fuels-Report_full.pdf (Petroleum Stations).
\2\ Under the Fuel Rating Rule, refiners, producers, importers,
distributors, and retailers of automotive fuel must retain, for one
year, records of any delivery tickets, letters of certification, or
tests upon which they based the automotive fuel ratings that they
certify or post. See the Fuel Rating Rule's recordkeeping
requirements, 16 CFR 306.7; 306.9; and 306.11.
---------------------------------------------------------------------------
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 member retailers (19,490 of 155,920
industry member retailers) incur this burden each year, resulting in a
total annual burden of 19,490 hours.
Estimated annual labor costs: $389,646.
Labor costs are derived by applying appropriate hourly cost figures
to the burden hours described above. Here, the average hourly wages of
refiners, producers, distributors, and importers is $34.94.\3\ The
average hourly wages of retailers is $11.54.\4\ The recordkeeping
component, 13,417 hours, consists of approximately 423 hours for
producers, distributors, and importers; and 12,994 hours for retailers.
Thus, the total annual labor cost for recordkeeping is $164,731 ((423
hours x $34.94) + (12,994 hours x $11.54/hour)). The disclosure
component, which concerns retailers, is approximately 19,490 hours.
Thus, total annual labor cost for disclosure is $224,915 (19,490 hours
x $11.54/hour).
---------------------------------------------------------------------------
\3\ See https://www.bls.gov/iag/tgs/iag211.htm#earnings (Bureau
of Labor Statistics, May 2019 Occupational Employment Statistics,
Hourly mean wages for petroleum pump system operators, refinery
operators, and gaugers).
\4\ See https://www.bls.gov/iag/tgs/iag447.htm (Bureau of Labor
Statistics, May 2019 Occupational Employment Statistics, Hourly mean
wages for service station attendants).
---------------------------------------------------------------------------
Estimated annual non-labor costs: $77,960.
Staff believes that the Rule does not impose any capital costs for
producers, importers, or distributors of fuels. Retailers, however,
incur the cost of procuring and replacing fuel dispenser labels to
comply with the Rule. Staff conservatively estimates that the price per
automotive fuel label is two dollars and that the average automotive
fuel retailer has six dispensers; thus, $12 labeling cost at inception
per retailer.\5\ Staff has previously estimated a dispenser useful life
range of 6 to 10 years and, based on that, assumed a useful life of 8
years for labels, the mean of that range. Given that, replacement
labeling will not be necessary for well beyond the relevant period at
issue, i.e., the immediate 3-year PRA clearance sought. However,
conservatively annualizing the $12 labeling cost at inception per
retailer over that shorter period rather than average useful life,
annualized labeling cost per retailer will be $4. Cumulative labeling
cost would thus be $77,960 (155,920 retailers x 1/8 \6\ x $4 each,
annualized).
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\5\ See 75 FR 12,470, 12,477 (Mar. 16, 2010) (proposed
rulemaking) (estimating the price range per pump to be one to two
dollars).
\6\ On average, each label needs to be replaced once every 8
years. Annualizing this cost equates to \1/8\ or 0.125.
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Request for Comments
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 maintaining records and providing disclosures to
consumers. All comments must be received on or before July 6, 2020.
You can file a comment online or on paper. For the FTC to consider
your comment, we must receive it on or before July 6, 2020. Write
``Fuel Rating
[[Page 26472]]
Rule; PRA Comment: FTC File No. P072108'' on your comment. Postal mail
addressed to the Commission is subject to delay due to heightened
security screening. As a result, we encourage you to submit your
comments online. To make sure that the Commission considers your online
comment, you must file it through the https://www.regulations.gov
website by following the instructions on the web-based form provided.
Your comment--including your name and your state--will be placed on the
public record of this proceeding, including the https://www.regulations.gov website.
If you file your comment on paper, write ``Fuel Rating Rule; PRA
Comment: FTC File No. P072108'' 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 (Annex
J), Washington, DC 20024. If possible, submit your paper comment to the
Commission by courier or overnight service.
Because your comment will be placed on the public record, 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 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 publicly at www.regulations.gov, 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 July 6, 2020.
You can find more information, including routine uses permitted by the
Privacy Act, in the Commission's privacy policy, at https://www.ftc.gov/site-information/privacy-policy.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2020-09379 Filed 5-1-20; 8:45 am]
BILLING CODE 6750-01-P