The Fuel Rating Rule

OMB Control No: 3084-0068	ICR Reference No: 202007-3084-001
Status: Active	Previous ICR Reference No: 201702-3084-001
Agency/Subagency: FTC	Agency Tracking No:
Title: The Fuel Rating Rule
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/28/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 07/15/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2023	36 Months From Approved	09/30/2020
Responses	180,490	0	181,552
Time Burden (Hours)	32,907	0	33,052
Cost Burden (Dollars)	77,960	0	78,208

---

Abstract: The Federal Trade Commission seeks an additional three-year clearance for the information collection requirements in its Fuel Rating Rule (or Rule). This Rule 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.

---

Authorizing Statute(s): 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

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 26470	05/04/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 42854	07/15/2020
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 2

IC Title Form No. Form Name Disclosure for retailers & cost to replace fuel dispenser labels Recordkeeping for refiners, producers, importers, distributors, and retailers - excl. ethanol

---

ICR Summary of Burden

	Total Approved	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	180,490	181,552	0	0	-1,062	0
Annual Time Burden (Hours)	32,907	33,052	0	0	-145	0
Annual Cost Burden (Dollars)	77,960	78,208	0	0	-248	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: There is a slight adjustment downward for the estimated annual hours of burden (from 33,052 hours in 2017 down to 32,907 hours in 2020) and the annual labor costs (from $390,430 in 2017 down to $389,646 in 2020). This is attributable to a slight drop in covered entities for purposes of recordkeeping (161,000 fuel industry members in 2020 and 162,000 in 2017) and slight decrease in the number of entities affected by disclosure requirements (155,920 member retailers in 2020 and 156,418 member retailers in 2017). As set out in the supporting statement, only 1/8 of the member retailers are subject to the disclosure requirements in an individual year.

---

Annual Cost to Federal Government: $25,000

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Hampton Newsome 202 326-2889 [email protected]

---

Common Form ICR:  No

---

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: 07/15/2020

---