Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles Publication: Federal Register Agency: Federal Trade Commission Byline: Donald S. Clark Date: November 1994 Subject: American Government

[Federal Register Volume 59, Number 222 (Friday, November 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28277]


[[Page Unknown]]

[Federal Register: November 18, 1994]


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FEDERAL TRADE COMMISSION

 

Labeling Requirements for Alternative Fuels and Alternative 
Fueled Vehicles

AGENCY: Federal Trade Commission.

ACTION: Notice of Application to OMB under the Paperwork Reduction Act 
(44 U.S.C. 3501 et seq.) for information collection requirements 
contained in the Commission's proposed rule that would establish 
uniform labeling requirements for alternative fuels and alternative 
fueled vehicles.

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SUMMARY: The FTC is seeking OMB clearance for information collection 
requirements contained in the Commission's proposed rule that would 
establish uniform labeling requirements for alternative fuels and 
alternative fueled vehicles.
    Section 406(a) of the Energy Policy Act of 1992 directs the 
Commission to establish uniform labeling requirements, to the greatest 
extent possible, for alternative fuels and alternative fueled vehicles. 
The Commission has proposed the disclosure of certain information on 
labels posted on fuel dispensers for non-liquid alternative fuels and 
on labels on alternative fueled vehicles (``AFVs''). The purpose of 
these labeling requirements is to enable consumers to make reasonable 
choices and comparisons among competing products. The Commission is 
also proposing substantiation, certification, and recordkeeping 
requirements for importers, producers, refiners and distributors of 
non-liquid alternative fuels (other than electricity), manufacturers 
and distributors of electric vehicle fuel dispenser systems, and retail 
sellers of non-liquid alternative fuels (including electricity). These 
industry members would be required to maintain, for a period of one 
year, records that would substantiate the accuracy of fuel ratings for 
non-liquid alternative fuels.
    In addition, the Commission is proposing separate recordkeeping 
requirements for AFV manufacturers. These industry members would be 
required to maintain, for a period of three years, records that would 
substantiate estimated cruising ranges and emission certification 
standards for alternative fueled vehicles.
    These records would be available for inspection by Commission staff 
or by persons authorized by the Commission to ensure the accuracy of 
the information contained on the labels. Without such recordkeeping 
requirements, the Commission's labeling rule could be rendered 
ineffective, and the intent of Congress could be frustrated.
(a) Non-Liquid Alternative Fuels
    Commission staff estimates that approximately 1,300 industry 
members would be covered by the recordkeeping requirements that apply 
to the proposed rule's non-liquid alternative fuel labeling 
disclosures. Of these, staff estimates that approximately 1,000 
industry members import, produce, refine, distribute or retail 
compressed natural gas to the public for use in alternative fueled 
vehicles. The Commission estimates that approximately 50 industry 
members manufacture or distribute electric vehicle fuel dispensing 
systems and that no more than 250 companies retail electricity to the 
public through electric vehicle fuel dispensing systems. Staff 
estimates that approximately six minutes per year per industry member 
will be required to comply with the proposed recordkeeping 
requirements, for a total yearly burden of 130 hours (six minutes per 
year times 1,300 industry members). This burden estimate is small 
because records that are likely to be retained by industry members 
during the normal course of business are excluded from the ``burden'' 
for OMB purposes. See 5 CFR 1320.7(b)(1).
(b) Alternative Fueled Vehicles
    Commission staff estimates that approximately 58 industry members 
would be covered by the proposed rule's cruising range and emission 
standard three year recordkeeping requirement. Staff bases this number, 
in part, on recent Environmental Protection Agency estimates for clean-
fuel vehicle programs. Under the proposed Commission rule, AFV 
manufacturers would be required to determine cruising ranges and 
emission standards for different models of alternative fueled vehicles. 
Staff estimates that it would take each of the 58 industry members 
thirty minutes per year to comply with this requirement, for a total 
yearly burden of 29 hours (thirty minutes per year times 58 industry 
members). This estimate is small because, similar to the records that 
would be retained for non-liquid alternative fuels, the records at 
issue here are likely to be developed and retained by the industry in 
the ordinary course of business.
(c) Total Burden
    Based on these figures, Commission staff estimates the total burden 
associated with complying with the proposed rule's recordkeeping 
requirements to be 159 hours per year for all affected industry members 
(130 hours plus 29 hours).

DATES: Comments on this application must be submitted on or before 
December 19, 1994.

ADDRESSES: Send comments both to Office of Information and Regulatory 
Affairs, Office of Management and Budget, New Executive Office 
Building, Room 3228, Washington, D.C. 20503, ATN: Desk Officer for the 
Federal Trade Commission and to the Office of the General Counsel, 
Federal Trade Commission, Washington, D.C. 20580. Copies of the 
submission to OMB, including the application, may be obtained from the 
Public Reference Section, Room 130, Federal Trade Commission, 
Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT:
Kent C. Howerton, Attorney, Division of Enforcement, Federal Trade 
Commission, Washington, D.C. 20580, (202) 326-3013.

    By Direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 94-28277 Filed 11-17-94; 8:45 am]
BILLING CODE 6750-01-M