Agency Information Collection Activities; Proposed Collection; Comment Request; Extension, 27514-27516 [2023-09277]
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27514
Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Notices
public record of this proceeding.
Because your comment will be made
public, you are solely responsible for
making sure that your comment does
not include any sensitive personal
information, such as anyone’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.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2023–09276 Filed 5–1–23; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Extension
Federal Trade Commission.
Notice.
AGENCY:
ACTION:
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
requests that the Office of Management
and Budget (‘‘OMB’’) extend for an
additional three years the current
Paperwork Reduction Act (‘‘PRA’’)
clearance for information collection
requirements in its Informal Dispute
Settlement Procedures Rule (‘‘the
Dispute Settlement Rule’’ or ‘‘the
Rule’’). The current clearance expires on
July 31, 2023.
DATES: Comments must be filed by June
1, 2023.
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. Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
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Jkt 259001
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Laura Basford, General Attorney,
Division of Marketing Practices, Bureau
of Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue
NW, Washington, DC 20580, (202) 326–
2343, lbasford@ftc.gov.
SUPPLEMENTARY INFORMATION:
Title: Informal Dispute Settlement
Procedures Rule (the Dispute Settlement
Rule or the Rule), 16 CFR part 703.
OMB Control Number: 3084–0113.
Type of Review: Extension of a
currently approved collection.
Abstract: The Dispute Settlement Rule
is one of three rules 1 that the FTC
implemented pursuant to requirements
of the Magnuson-Moss Warranty Act, 15
U.S.C. 2301 et seq. (‘‘Warranty Act’’ or
‘‘Act’’).2 The Dispute Settlement Rule,
16 CFR part 703, specifies the minimum
standards which must be met by any
informal dispute settlement mechanism
(‘‘IDSM’’) that is incorporated into a
written consumer product warranty and
which the consumer is required to use
before pursuing legal remedies under
the Act in court (known as the ‘‘prior
resort requirement’’).3
The Dispute Settlement Rule
standards for IDSMs include
requirements concerning the
mechanism’s structure (e.g., funding,
staffing, and neutrality), the
qualifications of staff or decision
makers, the mechanism’s procedures for
resolving disputes (e.g., notification,
investigation, time limits for decisions,
and follow-up), recordkeeping, and
annual audits. The Rule requires that
IDSMs establish written operating
procedures and provide copies of those
procedures upon request.
Likely Respondents: Warrantors that
Use an IDSM (Automobile
Manufacturers) and Informal Dispute
Settlement Mechanisms.
Estimated Annual Burden Hours:
9,267 (derived from 6,210 recordkeeping
hours in addition to 2,070 reporting
hours and 987 disclosure hours).
Estimated Annual Labor Costs:
$239,093.
1 The
other two rules relate to the information
that must appear in any written warranty offered on
a consumer product costing more than $15 and the
pre-sale availability of warranty terms.
2 40 FR 60168 (Dec. 31, 1975).
3 The Dispute Settlement Rule applies only to
those firms that choose to require consumers to use
an IDSM. Neither the Rule nor the Act requires
warrantors to set up IDSMs. A warrantor is free to
set up an IDSM that does not comply with the Rule
as long as the warranty does not contain a prior
resort requirement.
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Estimated Annual Capital or Other
Non-labor Costs: $344,560.
Request for Comment: On January 9,
2023, the FTC sought public comment
on the information collection
requirements in the Dispute Settlement
Rule. 88 FR 1231 (Jan. 9, 2023). No
relevant comments were received
during the public comment period.
Pursuant to OMB regulations, 5 CFR
part 1320, that implement the PRA, 44
U.S.C. 3501 et seq., the FTC is providing
this second opportunity for public
comment while seeking OMB approval
to renew the pre-existing clearance for
the Rule. For more details about the
Rule requirements and the basis for the
calculations summarized below, see 88
FR 1231.
Your comment—including your name
and your state—will be placed on the
public record of this proceeding.
Because your comment will be made
public, you are solely responsible for
making sure that your comment does
not include any sensitive personal
information, such as anyone’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 ensuring 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 ‘‘[t]rade secret or
any commercial or financial information
which is . . . privileged or
confidential’’—as provided in 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.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2023–09293 Filed 5–1–23; 8:45 am]
BILLING CODE 6750–01–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
SUMMARY:
E:\FR\FM\02MYN1.SGM
02MYN1
Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Notices
an additional three years the Office of
Management and Budget clearance for
information collection requirements in
its Fuel Rating Rule (the Rule). The
current clearance expires on September
30, 2023.
DATES: Comments must be filed by July
3, 2023.
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 ‘‘Fuel Rating Rule, PRA
Comment, P145403,’’ 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:
31,976 (derived from 13,043
recordkeeping hours added to 18,933
disclosure hours).
Estimated Annual Labor Costs:
$453,627.
Estimated Annual Capital or Other
Non-Labor Costs: $104,131.
ddrumheller on DSK120RN23PROD with NOTICES1
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
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18:14 May 01, 2023
Jkt 259001
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.
As required by section 3506(c)(2)(A)
of the PRA, 44 U.S.C. 3506(c)(2)(A), the
FTC is providing this opportunity for
public comment before requesting that
OMB extend the existing clearance for
the information collection requirements
contained in the Rule.
Burden Statement
Estimated annual burden hours:
31,976 (derived from 13,043
recordkeeping hours added to 18,933
disclosure hours).
Recordkeeping: Based on industry
sources, staff estimates that
approximately 156,515 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 13,043
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 (18,933
of 151,463 industry member retailers)
incur this burden each year, resulting in
a total annual burden of 18,933 hours.
Estimated annual labor costs:
$453,627.
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
$38.14.3 The average hourly wages of
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 156,515 fuel industry
members, including 151,463 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,
2021 Occupational Employment Statistics, Hourly
mean wages for petroleum pump system operators,
refinery operators, and gaugers).
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27515
retailers is $13.86.4 The recordkeeping
component, 13,043 hours, consists of
approximately 430 hours for producers,
distributors, and importers; and 12,613
hours for retailers. Thus, the total
annual labor cost for recordkeeping is
$191,216 ((430 hours × $38.14/hour) +
(12,613 hours × $13.86/hour)). The
disclosure component, which concerns
retailers, is approximately 18,933 hours.
Thus, total annual labor cost for
disclosure is $262,411 (18,933 hours ×
$13.86/hour).
Estimated annual non-labor costs:
$75,732.
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 $2.77 and
that the average automotive fuel retailer
has six dispensers; thus, $16.62 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 3year PRA clearance sought. However,
conservatively annualizing the $16.62
labeling cost at inception per retailer
over that shorter period rather than
average useful life, annualized labeling
cost per retailer will be $5.50.
Cumulative labeling cost would thus be
$104,131 (151,463 retailers × 1⁄8 6 ×
$5.50 each, annualized).
Request for Comment
Pursuant to Section 3506(c)(2)(A) of
the PRA, the FTC invites comments on:
(1) whether the disclosure and
recordkeeping requirements are
necessary, including whether the
information will be practically useful;
(2) the accuracy of our burden estimates,
including whether the methodology and
assumptions used are valid; (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.
4 See https://www.bls.gov/iag/tgs/iag447.htm
(Bureau of Labor Statistics, 2021 Occupational
Employment Statistics, Hourly mean wages for
service station attendants).
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). Then you factor
in inflation since 2010. See https://www.bls.gov/
data/inflation_calculator.htm.
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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02MYN1
ddrumheller on DSK120RN23PROD with NOTICES1
27516
Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Notices
For the FTC to consider a comment,
we must receive it on or before July 3,
2023. 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.
You can file a comment online or on
paper. 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 file your comment on paper,
write ‘‘Fuel Rating Rule, PRA Comment,
P145403,’’ on your comment and on the
envelope, and mail it 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 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
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 (1) be filed in paper
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18:14 May 01, 2023
Jkt 259001
form, (2) be clearly labeled
‘‘Confidential,’’ and (3) 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 3, 2023. 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. 2023–09277 Filed 5–1–23; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Extension
Federal Trade Commission.
Notice.
AGENCY:
ACTION:
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
requests that the Office of Management
and Budget (‘‘OMB’’) extend for an
additional three years the current
Paperwork Reduction Act (‘‘PRA’’)
clearance for the information collection
requirements of its Fair Credit Reporting
Risk-Based Pricing Regulations (‘‘RiskBased Pricing Rule’’ or ‘‘Rule’’), which
applies to certain motor vehicle dealers,
and its shared enforcement with the
Consumer Financial Protection Bureau
(‘‘CFPB’’) of the risk-based pricing
provisions (Subpart H) of the CFPB’s
Regulation V regarding other entities.
That clearance expires on September 30,
2023.
DATES: Comments must be filed by June
1, 2023.
SUMMARY:
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Frm 00086
Fmt 4703
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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. Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Genevieve Bonan, Attorney, Division of
Privacy and Identity Protection, Bureau
of Consumer Protection, 400 7th Street
SW, Drop 5422, Washington, DC 20024,
gbonan@ftc.gov, (202) 326–3139.
SUPPLEMENTARY INFORMATION:
Title of Collection: Fair Credit
Reporting Risk-Based Pricing
Regulations, 16 CFR part 640.
OMB Control Number: 3084–0145.
Type of Review: Extension without
change of currently approved collection.
Abstract: The Risk-Based Pricing Rule
and the CFPB’s Regulation V require
that a creditor provide a risk-based
pricing notice to a consumer when the
creditor uses a consumer report to grant
or extend credit to the consumer on
material terms that are materially less
favorable than the most favorable terms
available to a substantial proportion of
consumers from or through that
creditor.1 Additionally, these provisions
require disclosure of credit scores and
information relating to credit scores in
risk-based pricing notices if a credit
score of the consumer is used in setting
the material terms of credit.
Affected Public: Private Sector:
Businesses and other for-profit entities.
Estimated Annual Burden Hours:
8,951,460.
Estimated Annual Labor Costs:
$179,566,288.
ADDRESSES:
Request for Comment
On February 24, 2023, the FTC sought
public comment on the information
collection requirements in the RiskBased Pricing Rule and its shared
enforcement with the CFPB of the riskbased pricing provisions (Subpart H) of
the CFPB’s Regulation V. 88 FR 11,917
(February 24, 2023). No germane
comments were received during the
public comment period. Pursuant to
OMB regulations, 5 CFR part 1320, that
implement the PRA, 44 U.S.C. 3501 et
seq., the FTC is providing this second
opportunity for public comment while
1 16
CFR 640.3–640.4; 12 CFR 1022.72–1022.73.
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Agencies
[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Notices]
[Pages 27514-27516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09277]
-----------------------------------------------------------------------
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
[[Page 27515]]
an additional three years the Office of Management and Budget clearance
for information collection requirements in its Fuel Rating Rule (the
Rule). The current clearance expires on September 30, 2023.
DATES: Comments must be filed by July 3, 2023.
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 ``Fuel Rating Rule, PRA
Comment, P145403,'' 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: 31,976 (derived from 13,043
recordkeeping hours added to 18,933 disclosure hours).
Estimated Annual Labor Costs: $453,627.
Estimated Annual Capital or Other Non-Labor Costs: $104,131.
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.
As required by section 3506(c)(2)(A) of the PRA, 44 U.S.C.
3506(c)(2)(A), the FTC is providing this opportunity for public comment
before requesting that OMB extend the existing clearance for the
information collection requirements contained in the Rule.
Burden Statement
Estimated annual burden hours: 31,976 (derived from 13,043
recordkeeping hours added to 18,933 disclosure hours).
Recordkeeping: Based on industry sources, staff estimates that
approximately 156,515 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 13,043 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 156,515 fuel industry members, including 151,463
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 (18,933 of 151,463
industry member retailers) incur this burden each year, resulting in a
total annual burden of 18,933 hours.
Estimated annual labor costs: $453,627.
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 $38.14.\3\ The
average hourly wages of retailers is $13.86.\4\ The recordkeeping
component, 13,043 hours, consists of approximately 430 hours for
producers, distributors, and importers; and 12,613 hours for retailers.
Thus, the total annual labor cost for recordkeeping is $191,216 ((430
hours x $38.14/hour) + (12,613 hours x $13.86/hour)). The disclosure
component, which concerns retailers, is approximately 18,933 hours.
Thus, total annual labor cost for disclosure is $262,411 (18,933 hours
x $13.86/hour).
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\3\ See https://www.bls.gov/iag/tgs/iag211.htm#earnings (Bureau
of Labor Statistics, 2021 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, 2021 Occupational Employment Statistics, Hourly mean
wages for service station attendants).
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Estimated annual non-labor costs: $75,732.
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 $2.77 and that the average automotive fuel
retailer has six dispensers; thus, $16.62 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 $16.62 labeling cost at inception per
retailer over that shorter period rather than average useful life,
annualized labeling cost per retailer will be $5.50. Cumulative
labeling cost would thus be $104,131 (151,463 retailers x \1/8\ \6\ x
$5.50 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). Then you factor in inflation since 2010. See https://www.bls.gov/data/inflation_calculator.htm.
\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 Comment
Pursuant to Section 3506(c)(2)(A) of the PRA, the FTC invites
comments on: (1) whether the disclosure and recordkeeping requirements
are necessary, including whether the information will be practically
useful; (2) the accuracy of our burden estimates, including whether the
methodology and assumptions used are valid; (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.
[[Page 27516]]
For the FTC to consider a comment, we must receive it on or before
July 3, 2023. 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.
You can file a comment online or on paper. 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 file your comment on paper, write ``Fuel Rating Rule, PRA
Comment, P145403,'' on your comment and on the envelope, and mail it 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 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 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 (1) be filed in paper form, (2) be clearly labeled
``Confidential,'' and (3) 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 3, 2023.
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. 2023-09277 Filed 5-1-23; 8:45 am]
BILLING CODE 6750-01-P