Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles

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