The Fuel Rating Rule: proposed amendments for biodiesel fuels

Forms and Documents

Document Name	Status
Fuel Rating (Biodiesel) SS.pdf Supporting Statement A	2008-02-22

IC Document Collections

IC ID	Document Title	Status
32248	The Fuel Rating Rule	Modified
183835	Biodiesel: disclosure for retailers	New
183834	Biodiesel: capital and/or other non-labor cost: retailers	New
183833	Biodiesel: recordkeeping for producers, distributors, & retailers	New

ICR Details

OMB Control No: 3084-0068	ICR Reference No: 200802-3084-002
Status: Historical Inactive	Previous ICR Reference No: 200511-3084-003
Agency/Subagency: FTC	Agency Tracking No:
Title: The Fuel Rating Rule: proposed amendments for biodiesel fuels
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Preapproved	Conclusion Date: 05/23/2008
	Date Received in OIRA: 03/12/2008
Terms of Clearance: Associated with a rule.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2011	36 Months From Approved	01/31/2009
Responses	225,700	0	219,000
Time Burden (Hours)	40,496	0	40,000
Cost Burden (Dollars)	88,600	0	84,000

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Abstract: Section 205 of the Energy Independence and Security Act of 2007 requires the Federal Trade Commission to promulgate labeling requirements for fuels containing biodiesel or biomass-based diesel (collectively, “biodiesel fuels”). Accordingly, the FTC has published proposed amendments to its rule for “Automotive Fuel Ratings, Certification, and Posting” (aka “the Fuel Rating Rule”).

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Authorizing Statute(s): PL: Pub.L. 110 - 140 205 Name of Law: Energy Independence and Security Act of 2007
   US Code: 15 USC 2801 et seq. Name of Law: Petroleum Marketing Practices Act
  

Citations for New Statutory Requirements: PL: Pub.L. 110 - 140 205 Name of Law: Energy Independence and Security Act of 2007

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3084-AB08	Proposed rulemaking	73 FR 12916	03/11/2008

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
The Fuel Rating Rule
Biodiesel: disclosure for retailers
Biodiesel: capital and/or other non-labor cost: retailers
Biodiesel: recordkeeping for producers, distributors, & retailers

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	225,700	219,000	6,700	0	0	0
Annual Time Burden (Hours)	40,496	40,000	496	0	0	0
Annual Cost Burden (Dollars)	88,600	84,000	4,600	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Consistent with the directive in Section 205 of the Energy Independence and Security Act of 2007, the Commission is proposing to amend the Fuel Rating Rule to clarify that biodiesel fuels are subject to the rating and certification requirements of the Fuel Rating Rule and to include labeling requirements for biodiesel fuels containing at least five percent biomass-based diesel or biodiesel.

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Annual Cost to Federal Government:

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/12/2008

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