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Automotive Fuel Ratings, Certification and Posting Publication: Federal Register Agency: Federal Trade Commission Byline: April J. Tabor Date: 8 December 2021 Subject: American Government  , Petroleum
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[Federal Register Volume 86, Number 233 (Wednesday, December 8, 2021)]
[Rules and Regulations]
[Pages 69582-69583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26558]
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FEDERAL TRADE COMMISSION
16 CFR Part 306
RIN 3084-AB39
Automotive Fuel Ratings, Certification and Posting
AGENCY: Federal Trade Commission.
ACTION: Final rule; conforming amendment.
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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') is
updating a reference in its rule for Automotive Fuel Ratings,
Certification and Posting (``Fuel Rating Rule'' or ``Rule'') to reflect
the Environmental Protection Agency's (``EPA'') recent
[[Page 69583]]
reorganization of its fuel-related regulations.
DATES: These rule revisions are effective on December 8, 2021.
FOR FURTHER INFORMATION CONTACT: Hampton Newsome (202-326-2889),
Attorney, Division of Enforcement, Bureau of Consumer Protection,
Federal Trade Commission, Room CC-9528, 600 Pennsylvania Avenue NW,
Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
I. Conforming Amendment
Recently, EPA issued amendments streamlining its fuel quality
regulations (85 FR 78412 (Dec. 4, 2020)). As part of this process, EPA
transferred regulations that are cross-referenced in the FTC's Fuel
Rating Rule from 40 CFR part 80 to a new 40 CFR part 1090. To conform
to these changes, the FTC amends Sec. 306.10 of its Fuel Rating Rule
to update a reference to EPA's ethanol labeling requirements in
paragraph (a). Specifically, in 16 CFR 306.10(a), the amendment removes
the reference to 40 CFR 80.1501 and adds, in its place, a reference to
40 CFR 1090.1510 (the new location of those same EPA requirements).
II. Procedural Requirements
There is good cause for adopting this final rule without advance
public notice or an opportunity for public comment.\1\ The amendment
published in this document merely updates a cross reference to an EPA
fuel quality rule referenced in the Commission's Rule. This minor
technical revision does not change any substantive obligations under
the Rule or create new requirements. In addition, under the
Administrative Procedure Act, a final rule may be made effective
without 30 days advance publication in the Federal Register if an
agency finds good cause. Prompt adoption of this amendment is necessary
to avoid confusion by updating the Rule's reference to EPA's ethanol
labeling requirement. Therefore, this final rule is effective upon
publication in the Federal Register.
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\1\ Notice and comment are not required ``when the agency for
good cause finds (and incorporates the finding and a brief statement
of reasons therefore in the rules issued) that notice and public
procedure thereon are impracticable, unnecessary, or contrary to the
public interest.'' 5 U.S.C. 553(b)(3)(B).
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The Office of Management and Budget (``OMB'') has approved the
information collections contained in the Rule through September 30,
2023 (OMB Control No. 3084-0068). Since this amendment only updates a
cross-reference to existing EPA requirements, it does not change the
Rule's information collection requirements and does not require further
OMB clearance. The requirements of the Regulatory Flexibility Act also
do not apply.\2\
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\2\ A regulatory flexibility analysis under the RFA is required
only when an agency must publish a notice of proposed rulemaking for
comment. See 5 U.S.C. 603.
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Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a ``major rule,'' as defined by 5 U.S.C. 804(2).
List of Subjects in 16 CFR Part 306
Fuel, Fuel ratings, Gasoline, Trade practices.
For the reasons discussed in the preamble, the Federal Trade
Commission amends part 306 of Title 16 of the Code of Federal
Regulations as follows:
PART 306--AUTOMOTIVE FUEL RATINGS, CERTIFICATION AND POSTING
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1. The authority citation for part 306 continues to read as follows:
Authority: 15 U.S.C. 2801 et seq.; 42 U.S.C. 17021.
Sec. 306.10 [Amended]
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2. In Sec. 306.10, in paragraph (a), remove ``40 CFR 80.1501'' and add
in its place ``40 CFR 1090.1510''.
April J. Tabor,
Secretary.
[FR Doc. 2021-26558 Filed 12-7-21; 8:45 am]
BILLING CODE 6750-01-P