Agency Information Collection Activities; Proposed Collection; Comment Request; Extension, 55607-55609 [2021-21763]
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Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Notices
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Banks’ launch of the FedNow Service in
2023.)
5. Do you have any concerns about
the Reserve Banks’ proposed testing
strategy and requirements?
6. How much time would you need to
test your ISO 20022 messages in the
MyStandards Readiness Portal before
testing in the new second DIT
environment?
7. Would nine months of testing ISO
20022 messages in the new second DIT
environment be sufficient? If not, what
is the minimum amount of testing you
would require in the second DIT
environment before the ISO 20022
implementation date?
8. Do you have any concerns about (i)
proposed backout strategy for the ISO
20022 changes on the Saturday before
the implementation date or (ii) the
proposed fix-in-place strategy after on or
after the implementation date?
VI. Competitive Impact Analysis
The Board conducts a competitive
impact analysis when it considers a rule
or policy change that may have a
substantial effect on payment system
participants. Specifically, the Board
determines whether there would be a
direct or material adverse effect on the
ability of other service providers to
compete with the Federal Reserve due
to differing legal powers or due to the
Federal Reserve’s dominant market
position deriving from such legal
differences.27
The Board explained in the 2018
Notice that it does not believe that
adopting ISO 20022 for the Fedwire
Funds Service would have an adverse
impact on other service providers. The
current proprietary message format for
the Fedwire Funds Service is
interoperable with the proprietary
message format for the CHIPS system.
The Reserve Banks have worked with
TCH on plans to align ISO 20022
implementation for the Fedwire Funds
Service and CHIPS where possible and
will continue to do so; the Reserve
Banks and TCH have previously
indicated that such coordination will
benefit their common customers.
TCH submitted a comment on the
2018 Notice in which it agreed that
adopting ISO 20022 for the Fedwire
Funds Service will not have an adverse
effect on TCH’s ability to compete with
the Fedwire Funds Service assuming
that there are no significant differences
in (i) how the applicable legal
frameworks for CHIPS and the Fedwire
Funds Service address the legal issues
created by the adoption of ISO 20022
27 See https://www.federalreserve.gov/
paymentsystems/pfs_frpaysys.htm.
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and (ii) the regulatory and compliance
expectations for CHIPS and Fedwire
Funds Service payments. As described
above, the Board has amended
Regulation J to ensure that adopting ISO
20022 does not affect the legal
framework for Fedwire Funds Service
payments. TCH also indicated in its
comment letter that it would include
similar clarifications in the CHIPS rules.
Given that the Reserve Banks and TCH
plan to continue collaborating on their
respective ISO 20022 plans for the
Fedwire Funds Service and CHIPS, the
Board does not believe that
implementing ISO 20022 will result in
different regulatory or compliance
expectations for CHIPS funds transfers
relative to Fedwire Funds Service funds
transfers.
By order of the Board of Governors of the
Federal Reserve System, September 30, 2021.
Ann E. Misback,
Secretary of the Board.
[FR Doc. 2021–21801 Filed 10–5–21; 8:45 am]
BILLING CODE P
55607
Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW,
5th Floor, Suite 5610 (Annex J),
Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Hampton Newsome, Attorney, (202)
326–2889, Division of Enforcement,
Bureau of Consumer Protection, Federal
Trade Commission, 600 Pennsylvania
Avenue NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
Title of Collection: Labeling
Requirements for Alternative Fuels and
Alternative Fueled Vehicles
(‘‘Alternative Fuels Rule’’), 16 CFR part
309.
OMB Control Number: 3084–0094.
Type of Review: Extension without
change of currently approved collection.
Affected Public: Private Sector:
Businesses and other for-profit entities.
Estimated Annual Burden Hours:
6,000 hours.
Estimated Annual Labor Costs:
$175,298.
Non-Labor Costs: $3,040.
Abstract
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 Management and Budget
clearance for information collection
requirements in its Alternative Fuels
Rule (‘‘Rule’’). That clearance expires on
March 31, 2022.
DATES: Comments must be submitted on
or before December 6, 2021.
ADDRESSES: Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Paperwork Comment:
FTC File No. P134200’’ on your
comment, and file your comment online
at 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
SUMMARY:
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The Energy Policy Act of 1992
established federal programs to
encourage the development of
alternative fuels and alternative fueled
vehicles (‘‘AFVs’’). Section 406(a) of the
Act directed the Commission to
establish uniform labeling requirements
for alternative fuels and AFVs. 42 U.S.C.
13232(a). Such labels must provide
‘‘appropriate information with respect
to costs and benefits [of alternative fuels
and AFVs], so as to reasonably enable
the consumer to make choices and
comparisons.’’ The required labels must
be ‘‘simple and, where appropriate,
consolidated with other labels providing
information to the consumer.’’
Pursuant to the Act, the Commission
published the Alternative Fuels Rule in
1995, and the Rule was later amended
in 2013.1 The Rule requires disclosure
of specific information on labels posted
on fuel dispensers for non-liquid
alternative fuels. To ensure the accuracy
of these disclosures, the Rule also
requires that sellers maintain records
substantiating product-specific
disclosures they include on these labels.
In addition, the Rule requires that
distributors of non-liquid alternative
vehicle fuel provide certifications of the
fuel rating in each transfer to anyone
who is not a consumer.
1 78 FR 23832 (April 23, 2013). The final
amendments consolidated the FTC’s alternative
fueled vehicles (‘‘AFV’’) labels with the then new
fuel economy labels required by the EPA thereby
eliminating the FTC’s separate labeling
requirements for used AFV labels.
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Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Notices
Burden Estimates
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Annual Hours Burden: 6,000 hours.
FTC staff estimates that
approximately 20,000 industry
participants (non-liquid fuel producers,
distributors, and retailers) are subject to
the Rule’s information collection
requirements. The burden estimates for
covered entities are detailed below.2
Labeling: Staff estimates that
approximately 3,600 covered retailers
must revise covered labels annually.3
Staff estimates that affected retailers
require approximately one hour each
per year for labeling their fuel
dispensers for a total of 3,600 hours
(3,600 respondents × 1 hour per year).
Recordkeeping: FTC staff estimates
that approximately 20,000 industry
participants are subject to the Rule’s
recordkeeping requirements. Staff
estimates that covered entities require
approximately one-tenth of an hour
each per year to comply with these
requirements. This yields a burden of
2,000 hours per year (20,000
respondents × 0.1 hours).
Certification: Staff estimates that the
Rule’s fuel rating certification
requirements will affect approximately
400 industry members (compressed
natural gas producers and distributors
and manufacturers of electric vehicle
fuel dispensing systems). Staff
anticipates that covered industry
participants will spend approximately
one hour per year to comply with this
requirement for a total of 400 hours (400
respondents × 1 hour per year).
Accordingly, the estimated annual
burden under the Rule is 6,000 hours
(3,600 + 2,000 + 400).
Labor Costs: $175,298.
FTC staff derive labor costs by
applying appropriate hourly wage
figures to the burden hours described
above. According to Bureau of Labor
2 It is common practice for alternative fuel
industry members to determine and monitor fuel
ratings in the normal course of their business
activities. This is because industry members must
know and determine the fuel ratings of their
products in order to monitor quality and to decide
how to market them. ‘‘Burden’’ for PRA purposes
is defined to exclude effort that would be expended
regardless of any regulatory requirement. 5 CFR
1320.2(b)(2). Other factors also limit the burden
associated with the Rule. Certification may be a
one-time event or require only infrequent revision.
Disclosures on electric vehicle fuel dispensing
systems may be useable for several years.
Nonetheless, there is still some burden associated
with posting labels. There also will be some
minimal burden associated with new or revised
certification of fuel ratings and recordkeeping.
3 Staff estimates that approximately 18,000
retailers are subject to the Rule’s labeling
requirements. Staff estimates that approximately
20% of covered retailers (3,600) will need to replace
their labels annually because many labels remain
effective for several years.
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Statistics data,4 the average
compensation for fuel system operators
is $35.49 per hour; and $12.91 per hour
for automotive service attendants. These
are factored into the FTC’s estimates
and assumptions below.
Labeling: Staff assumes that labeling
is performed by fuel system operators.
Applying relevant labor cost figures to
the estimated burden hours for labeling
yields an estimated annual labor cost of
$127,764 (3,600 hours × $35.49).
Recordkeeping: Staff estimates that
approximately 1⁄6 of the total
recordkeeping hours are performed by
fuel system operators (1⁄6 of 2,000 hours
= approximately 333 hours; 333 hours ×
$35.49 = $11,818) and that automotive
service attendants account for the
remaining 5⁄6 of recordkeeping hours (5⁄6
of 2,000 hours = approximately 1,667
hours; 1,667 hours × $12.91 = $21,520).
Accordingly, staff estimates that the
total labor cost for recordkeeping for
affected industry is approximately
$33,338 ($11,818 + $21,520).
Certification: Staff assumes that
certification is performed by fuel system
operators. Estimated associated labor
costs would be $14,196 (400 hours ×
$35.49).
Accordingly, the estimated annual
labor cost under the Rule is $175,298
($127,764 + $33,338 + $14,196).
Non-Labor Costs: $3,040.
Staff believes there are no current
start-up costs associated with the Rule,
which has been in effect since 1995.
Industry members have in place the
capital equipment and means necessary
to determine automotive fuel ratings
and comply with the Rule. Industry
members, however, incur the cost of
procuring fuel dispenser labels to
comply with the Rule.
The estimated annual fuel labeling
cost, based on estimates of
approximately 8,000 fuel dispensers
(assumptions: an estimated 20% of
20,000 total fuel retailers need to
replace labels in any given year with an
approximate five-year life for labels—
i.e., 4,000 retailers—multiplied by an
average of two dispensers per retailer) at
thirty-eight cents for each label (per
industry sources), is $3,040 ($0.38 ×
8,000).
4 The wage estimates in this Notice are based on
mean hourly wages found in Table 1. National
employment and wage data from the Occupational
Employment Statistics survey by occupation, May
2019, at https://www.bls.gov/news.release/
ocwage.t01.htm. The wage rate for fuel system
operators is based on data for ‘‘petroleum pump
system operators, refinery operators, and gaugers.’’
The wage rate for automotive attendants is based on
data for ‘‘Automotive and watercraft service
attendants.’’
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Request for Comment
Pursuant to Section 3506(c)(2)(A) of
the PRA, the FTC invites comments on:
(1) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(2) the accuracy of the agency’s estimate
of the burden of the proposed collection
of information, including the validity of
the methodology and assumptions used;
(3) ways to enhance the quality, utility,
and clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on those who are to respond, including
through the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology, e.g., permitting electronic
submission of responses.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before December 6, 2021. Write
‘‘Paperwork Comment: FTC File No.
P134200’’ on your comment. Your
comment, including your name and
your state—will be placed on the public
record of this proceeding, including the
https://www.regulations.gov website.
Due to the public health emergency in
response to the COVID–19 outbreak and
the agency’s heightened security
screening, postal mail addressed to the
Commission will be subject to delay. We
encourage you to submit your comments
online through the https://
www.regulations.gov website.
If you prefer to file your comment on
paper, write ‘‘Paperwork Comment: FTC
File No. P134200’’ on your comment
and on the envelope, and mail your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
NW, Suite CC–5610 (Annex J),
Washington, DC 20580, or deliver your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, Constitution Center, 400 7th
Street SW, 5th Floor, Suite 5610,
Washington, DC 20024. If possible,
please submit your paper comment to
the Commission by courier or overnight
service.
Because your comment will become
publicly available at https://
www.regulations.gov, 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
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Federal Register / Vol. 86, No. 191 / Wednesday, October 6, 2021 / Notices
birth; driver’s license number or other
state identification number, or foreign
country equivalent; passport number;
financial account number; or credit or
debit card number. You are also solely
responsible for making sure that your
comment does not include any sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, your comment should not
include any ‘‘trade secret or any
commercial or financial information
which . . . is privileged or
confidential’’—as provided by Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—
including in particular competitively
sensitive information such as costs,
sales statistics, inventories, formulas,
patterns, devices, manufacturing
processes, or customer names.
Comments containing material for
which confidential treatment is
requested must be filed in paper form,
must be clearly labeled ‘‘Confidential,’’
and must comply with FTC Rule 4.9(c).
In particular, the written request for
confidential treatment that accompanies
the comment must include the factual
and legal basis for the request, and must
identify the specific portions of the
comment to be withheld from the public
record. See FTC Rule 4.9(c). Your
comment will be kept confidential only
if the General Counsel grants your
request in accordance with the law and
the public interest. Once your comment
has been posted on the https://
www.regulations.gov website—as legally
required by FTC Rule 4.9(b)—we cannot
redact or remove your comment, unless
you submit a confidentiality request that
meets the requirements for such
treatment under FTC Rule 4.9(c), and
the General Counsel grants that request.
The FTC Act and other laws that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before December 6, 2021. For
information on the Commission’s
privacy policy, including routine uses
permitted by the Privacy Act, see
https://www.ftc.gov/site-information/
privacy-policy.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2021–21763 Filed 10–5–21; 8:45 am]
BILLING CODE 6750–01–P
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FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request
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 Management and Budget
clearance for information collection
requirements in the Children’s Online
Privacy Protection Act Rule (‘‘COPPA
Rule’’ or ‘‘Rule’’). The current clearance
expires on March 31, 2022.
DATES: Comments must be filed by
December 6, 2021.
ADDRESSES: Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘COPPA Rule: Paperwork
Comment, FTC File No. P155408’’ 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:
Peder Magee, Attorney, (202) 326–3538,
Division of Privacy and Identity
Protection, Bureau of Consumer
Protection, Federal Trade Commission,
600 Pennsylvania Avenue NW,
Washington, DC 20580.
SUPPLEMENTARY INFORMATION: Title of
Collection: Children’s Online Privacy
Protection Act Rule, 16 CFR part 312.
OMB Control Number: 3084–0117.
Type of Review: Extension of a
currently approved collection.
Affected Public: Private Sector:
Businesses and other for-profit entities.
Estimated Annual Burden Hours:
17,700.
Estimated Annual Labor Costs:
$5,783,700.
Estimated Annual Non-Labor Costs:
$0.
Abstract: The COPPA Rule requires
commercial websites and online
SUMMARY:
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55609
services to provide notice and obtain
parental consent before collecting,
using, or disclosing personal
information from children under age
thirteen, with limited exceptions. The
COPPA Rule contains certain statutorily
required notice, consent, and other
requirements that apply to operators of
any commercial website or online
service directed to children that collect
personal information, and operators of
any commercial website or online
service with actual knowledge that it is
collecting personal information from
children. The Rule also applies to
operators that collect personal
information from users of another
website or online service that is directed
to children. Covered operators must,
among other things: Provide online
notice and direct notice to parents of
how they collect, use, and disclose
children’s personal information; obtain
the prior consent of the child’s parent in
order to engage in such collection, use,
and disclosure; provide reasonable
means for the parent to obtain access to
the information and to direct its
deletion; and, establish procedures that
protect the confidentiality, security, and
integrity of personal information
collected from children.
Burden Statement
1. Annual hours burden: 17,600
hours.
(a) New Entrant Operators’ Disclosure
Burden
Based on public comments received
by the Commission during its 2013
COPPA Rule amendments rulemaking,1
FTC staff estimates that the Rule affects
approximately 280 new operators per
year.2 Staff maintains its longstanding
estimate that new operators of websites
and online services will require, on
average, approximately 60 hours to draft
a privacy policy, design mechanisms to
provide the required online privacy
notice and, where applicable, the direct
notice to parents.3 This yields an
estimated annual hours burden of
16,800 hours (280 respondents × 60
hours).
(b) Safe Harbor Applicant Reporting
Requirements
Operators can comply with the
COPPA Rule by meeting the terms of
Commission-approved self-regulatory
1 78
FR 3971, 4005 (Jan. 17, 2013).
consists of certain traditional website
operators, mobile app developers, plug-in
developers, and advertising networks.
3 See, e.g., 80 FR 76491 (Dec. 9, 2015); 84 FR 1466
(Feb. 4, 2019).
2 This
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Agencies
[Federal Register Volume 86, Number 191 (Wednesday, October 6, 2021)]
[Notices]
[Pages 55607-55609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21763]
=======================================================================
-----------------------------------------------------------------------
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 Management and Budget clearance for
information collection requirements in its Alternative Fuels Rule
(``Rule''). That clearance expires on March 31, 2022.
DATES: Comments must be submitted on or before December 6, 2021.
ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``Paperwork Comment: FTC
File No. P134200'' on your comment, and file your comment online at
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, (202) 326-
2889, Division of Enforcement, Bureau of Consumer Protection, Federal
Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
Title of Collection: Labeling Requirements for Alternative Fuels
and Alternative Fueled Vehicles (``Alternative Fuels Rule''), 16 CFR
part 309.
OMB Control Number: 3084-0094.
Type of Review: Extension without change of currently approved
collection.
Affected Public: Private Sector: Businesses and other for-profit
entities.
Estimated Annual Burden Hours: 6,000 hours.
Estimated Annual Labor Costs: $175,298.
Non-Labor Costs: $3,040.
Abstract
The Energy Policy Act of 1992 established federal programs to
encourage the development of alternative fuels and alternative fueled
vehicles (``AFVs''). Section 406(a) of the Act directed the Commission
to establish uniform labeling requirements for alternative fuels and
AFVs. 42 U.S.C. 13232(a). Such labels must provide ``appropriate
information with respect to costs and benefits [of alternative fuels
and AFVs], so as to reasonably enable the consumer to make choices and
comparisons.'' The required labels must be ``simple and, where
appropriate, consolidated with other labels providing information to
the consumer.''
Pursuant to the Act, the Commission published the Alternative Fuels
Rule in 1995, and the Rule was later amended in 2013.\1\ The Rule
requires disclosure of specific information on labels posted on fuel
dispensers for non-liquid alternative fuels. To ensure the accuracy of
these disclosures, the Rule also requires that sellers maintain records
substantiating product-specific disclosures they include on these
labels. In addition, the Rule requires that distributors of non-liquid
alternative vehicle fuel provide certifications of the fuel rating in
each transfer to anyone who is not a consumer.
---------------------------------------------------------------------------
\1\ 78 FR 23832 (April 23, 2013). The final amendments
consolidated the FTC's alternative fueled vehicles (``AFV'') labels
with the then new fuel economy labels required by the EPA thereby
eliminating the FTC's separate labeling requirements for used AFV
labels.
---------------------------------------------------------------------------
[[Page 55608]]
Burden Estimates
Annual Hours Burden: 6,000 hours.
FTC staff estimates that approximately 20,000 industry participants
(non-liquid fuel producers, distributors, and retailers) are subject to
the Rule's information collection requirements. The burden estimates
for covered entities are detailed below.\2\
---------------------------------------------------------------------------
\2\ It is common practice for alternative fuel industry members
to determine and monitor fuel ratings in the normal course of their
business activities. This is because industry members must know and
determine the fuel ratings of their products in order to monitor
quality and to decide how to market them. ``Burden'' for PRA
purposes is defined to exclude effort that would be expended
regardless of any regulatory requirement. 5 CFR 1320.2(b)(2). Other
factors also limit the burden associated with the Rule.
Certification may be a one-time event or require only infrequent
revision. Disclosures on electric vehicle fuel dispensing systems
may be useable for several years. Nonetheless, there is still some
burden associated with posting labels. There also will be some
minimal burden associated with new or revised certification of fuel
ratings and recordkeeping.
---------------------------------------------------------------------------
Labeling: Staff estimates that approximately 3,600 covered
retailers must revise covered labels annually.\3\ Staff estimates that
affected retailers require approximately one hour each per year for
labeling their fuel dispensers for a total of 3,600 hours (3,600
respondents x 1 hour per year).
---------------------------------------------------------------------------
\3\ Staff estimates that approximately 18,000 retailers are
subject to the Rule's labeling requirements. Staff estimates that
approximately 20% of covered retailers (3,600) will need to replace
their labels annually because many labels remain effective for
several years.
---------------------------------------------------------------------------
Recordkeeping: FTC staff estimates that approximately 20,000
industry participants are subject to the Rule's recordkeeping
requirements. Staff estimates that covered entities require
approximately one-tenth of an hour each per year to comply with these
requirements. This yields a burden of 2,000 hours per year (20,000
respondents x 0.1 hours).
Certification: Staff estimates that the Rule's fuel rating
certification requirements will affect approximately 400 industry
members (compressed natural gas producers and distributors and
manufacturers of electric vehicle fuel dispensing systems). Staff
anticipates that covered industry participants will spend approximately
one hour per year to comply with this requirement for a total of 400
hours (400 respondents x 1 hour per year).
Accordingly, the estimated annual burden under the Rule is 6,000
hours (3,600 + 2,000 + 400).
Labor Costs: $175,298.
FTC staff derive labor costs by applying appropriate hourly wage
figures to the burden hours described above. According to Bureau of
Labor Statistics data,\4\ the average compensation for fuel system
operators is $35.49 per hour; and $12.91 per hour for automotive
service attendants. These are factored into the FTC's estimates and
assumptions below.
---------------------------------------------------------------------------
\4\ The wage estimates in this Notice are based on mean hourly
wages found in Table 1. National employment and wage data from the
Occupational Employment Statistics survey by occupation, May 2019,
at https://www.bls.gov/news.release/ocwage.t01.htm. The wage rate
for fuel system operators is based on data for ``petroleum pump
system operators, refinery operators, and gaugers.'' The wage rate
for automotive attendants is based on data for ``Automotive and
watercraft service attendants.''
---------------------------------------------------------------------------
Labeling: Staff assumes that labeling is performed by fuel system
operators. Applying relevant labor cost figures to the estimated burden
hours for labeling yields an estimated annual labor cost of $127,764
(3,600 hours x $35.49).
Recordkeeping: Staff estimates that approximately \1/6\ of the
total recordkeeping hours are performed by fuel system operators (\1/6\
of 2,000 hours = approximately 333 hours; 333 hours x $35.49 = $11,818)
and that automotive service attendants account for the remaining \5/6\
of recordkeeping hours (\5/6\ of 2,000 hours = approximately 1,667
hours; 1,667 hours x $12.91 = $21,520). Accordingly, staff estimates
that the total labor cost for recordkeeping for affected industry is
approximately $33,338 ($11,818 + $21,520).
Certification: Staff assumes that certification is performed by
fuel system operators. Estimated associated labor costs would be
$14,196 (400 hours x $35.49).
Accordingly, the estimated annual labor cost under the Rule is
$175,298 ($127,764 + $33,338 + $14,196).
Non-Labor Costs: $3,040.
Staff believes there are no current start-up costs associated with
the Rule, which has been in effect since 1995. Industry members have in
place the capital equipment and means necessary to determine automotive
fuel ratings and comply with the Rule. Industry members, however, incur
the cost of procuring fuel dispenser labels to comply with the Rule.
The estimated annual fuel labeling cost, based on estimates of
approximately 8,000 fuel dispensers (assumptions: an estimated 20% of
20,000 total fuel retailers need to replace labels in any given year
with an approximate five-year life for labels--i.e., 4,000 retailers--
multiplied by an average of two dispensers per retailer) at thirty-
eight cents for each label (per industry sources), is $3,040 ($0.38 x
8,000).
Request for Comment
Pursuant to Section 3506(c)(2)(A) of the PRA, the FTC invites
comments on: (1) Whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility; (2) the
accuracy of the agency's estimate of the burden of the proposed
collection of information, including the validity of the methodology
and assumptions used; (3) ways to enhance the quality, utility, and
clarity of the information to be collected; and (4) ways to minimize
the burden of the collection of information on those who are to
respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before December 6,
2021. Write ``Paperwork Comment: FTC File No. P134200'' on your
comment. Your comment, including your name and your state--will be
placed on the public record of this proceeding, including the https://www.regulations.gov website.
Due to the public health emergency in response to the COVID-19
outbreak and the agency's heightened security screening, postal mail
addressed to the Commission will be subject to delay. We encourage you
to submit your comments online through the https://www.regulations.gov
website.
If you prefer to file your comment on paper, write ``Paperwork
Comment: FTC File No. P134200'' on your comment and on the envelope,
and mail your comment to the following address: Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite
CC-5610 (Annex J), Washington, DC 20580, or deliver your comment to the
following address: Federal Trade Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610,
Washington, DC 20024. If possible, please submit your paper comment to
the Commission by courier or overnight service.
Because your comment will become publicly available at https://www.regulations.gov, you are solely responsible for making sure that
your comment does not include any sensitive or confidential
information. In particular, your comment should not include any
sensitive personal information, such as your or anyone else's Social
Security number; date of
[[Page 55609]]
birth; driver's license number or other state identification number, or
foreign country equivalent; passport number; financial account number;
or credit or debit card number. You are also solely responsible for
making sure that your comment does not include any sensitive health
information, such as medical records or other individually identifiable
health information. In addition, your comment should not include any
``trade secret or any commercial or financial information which . . .
is privileged or confidential''--as provided by Section 6(f) of the FTC
Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)--
including in particular competitively sensitive information such as
costs, sales statistics, inventories, formulas, patterns, devices,
manufacturing processes, or customer names.
Comments containing material for which confidential treatment is
requested must be filed in paper form, must be clearly labeled
``Confidential,'' and must comply with FTC Rule 4.9(c). In particular,
the written request for confidential treatment that accompanies the
comment must include the factual and legal basis for the request, and
must identify the specific portions of the comment to be withheld from
the public record. See FTC Rule 4.9(c). Your comment will be kept
confidential only if the General Counsel grants your request in
accordance with the law and the public interest. Once your comment has
been posted on the https://www.regulations.gov website--as legally
required by FTC Rule 4.9(b)--we cannot redact or remove your comment,
unless you submit a confidentiality request that meets the requirements
for such treatment under FTC Rule 4.9(c), and the General Counsel
grants that request.
The FTC Act and other laws that the Commission administers permit
the collection of public comments to consider and use in this
proceeding as appropriate. The Commission will consider all timely and
responsive public comments that it receives on or before December 6,
2021. For information on the Commission's privacy policy, including
routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2021-21763 Filed 10-5-21; 8:45 am]
BILLING CODE 6750-01-P