[Federal Register: July 6, 2006 (Volume 71, Number 129)]
[Proposed Rules]
[Page 38321-38322]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy06-20]
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FEDERAL TRADE COMMISSION
16 CFR Part 311
Test Procedures and Labeling Standards for Recycled Oil
AGENCY: Federal Trade Commission.
ACTION: Request for public comments.
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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'')
requests public comment on the overall costs, benefits, and regulatory
and economic impact of its rule specifying Test Procedures and Labeling
Standards for Recycled Oil (``Recycled Oil Rule'' or ``Rule''), as part
of the Commission's systematic review of all current FTC rules and
guides.
DATES: Written comments will be accepted until September 5, 2006.
ADDRESSES: Interested parties are invited to submit written comments.
Comments should refer to ``16 CFR Part 311 Comment--Recycled Oil Rule,
Matter No. R511036'' to facilitate the organization of comments. A
comment filed in paper form should include this reference both in the
text and on the envelope, and should be mailed or delivered to the
Office of the Secretary, Federal Trade Commission, Room H-135 (Annex
P), 600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments
containing confidential material, however, must be filed in paper form,
must be clearly labeled ``Confidential,'' and must comply with
Commission Rule 4.9(c).\1\ The FTC is requesting that any comment filed
in paper form be sent by courier or overnight service, if possible,
because postal mail in the Washington area and at the Commission is
subject to delay due to heightened security precautions. Comments filed
in electronic form should be submitted by clicking on the following:
https://secure.commentworks.com/ftc-recycledoil and following the
instructions on the web-based form.
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\1\ The comment must be accompanied by an explicit request for
confidential treatment, including the factual and legal basis for
the request, and must identify the specific portions of the comment
to be withheld from the public record. The request will be granted
or denied by the Commission's General Counsel, consistent with
applicable law and the public interest. See Commission Rule 4.9(c),
16 CFR 4.9(c).
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The FTC Act and other laws the Commission administers permit the
collection of public comments to consider and use in this proceeding as
appropriate. The Commission will consider all timely and responsive
public comments that it receives, whether filed in paper or electronic
form. Comments received will be
[[Page 38322]]
available to the public on the FTC Web site, to the extent practicable,
at http://www.ftc.gov. As a matter of discretion, the FTC makes every
effort to remove home contact information for individuals from the
public comments it receives before placing those comments on the FTC
Web site. More information, including routine uses permitted by the
Privacy Act, may be found in the FTC's privacy policy, at http://_____________________________________-www.ftc.gov/ftc/privacy.htm
.
FOR FURTHER INFORMATION CONTACT: Janice Podoll Frankle, Division of
Enforcement, Bureau of Consumer Protection, Federal Trade Commission,
Washington, DC 20580; (202) 326-3022.
SUPPLEMENTARY INFORMATION:
I. Background
Section 383 of the Energy Policy and Conservation Act of 1975
(``EPCA''), 42 U.S.C. 6363, mandated that the FTC promulgate a rule
prescribing testing procedures and labeling standards for recycled oil.
This section of EPCA is intended to encourage the recycling of used
oil, promote the use of recycled oil, reduce consumption of new oil by
promoting increased utilization of recycled oil, and reduce
environmental hazards and wasteful practices associated with the
disposal of used oil. 42 U.S.C. 6363(a).
EPCA also mandated that the National Institute of Standards and
Technology (``NIST'') develop (and report to the FTC) test procedures
to determine whether processed used oil is substantially equivalent to
new oil for a particular end use. 42 U.S.C. 6363(c). EPCA required
that, within 90 days after receiving NIST's test procedures, the FTC
issue a rule that permits any processed used oil container to bear a
label indicating a particular end use (e.g., engine lubricating oil),
as long as a determination of ``substantial equivalency'' with new oil
has been made in accordance with NIST test procedures. 42 U.S.C.
6363(d)(1)(B).
On July 27, 1995, NIST reported to the FTC test procedures for
determining the substantial equivalence of processed used engine oil
with new engine oil. The FTC's Rule, which was issued on October 31,
1995 (60 FR 55421), implements EPCA's requirements by permitting a
manufacturer or other seller to label recycled engine oil as
substantially equivalent to new engine oil, as long as that
determination is made in accordance with the test procedures entitled
``Engine Oil Licensing and Certification System,'' American Petroleum
Institute Publication 1509, Thirteenth Edition, January 1995.
II. Regulatory Review Program
The Commission reviews all current Commission rules and guides
periodically. These reviews seek information about the costs and
benefits of the Commission's rules and guides and their regulatory and
economic impact. The information obtained assists the Commission in
identifying rules and guides that warrant modification or rescission.
Therefore, the Commission solicits comment on, among other things, the
economic impact of its Recycled Oil Rule; possible conflict between the
Rule and state, local, or other federal laws; and the effect on the
Rule of any technological, economic, or other industry changes.
III. Request for Comment
The Commission solicits written public comment on the following
questions:
(1) Is there a continuing need for the Rule as currently
promulgated?
(2) What benefits has the Rule provided to purchasers of the
products or services affected by the Rule?
(3) Has the Rule imposed costs on purchasers?
(4) What changes, if any, should be made to the Rule to increase
the benefits of the Rule to purchasers? How would these changes affect
the costs the Rule imposes on firms subject to its requirements? How
would these changes affect the benefits to purchasers?
(5) What significant burdens or costs, including costs of
compliance, has the Rule imposed on firms subject to its requirements?
Has the Rule provided benefits to such firms? If so, what benefits?
(6) What changes, if any, should be made to the Rule to reduce the
burdens or costs imposed on firms subject to its requirements? How
would these changes affect the benefits provided by the Rule?
(7) Does the Rule overlap or conflict with other federal, state, or
local laws or regulations?
(8) Since the Rule was issued, what effects, if any, have changes
in relevant technology or economic conditions had on the Rule?
(9) Since the Rule was issued, the American Petroleum Institute has
published the Fifteenth Edition of Publication 1509. Should this
updated version of Publication 1509 be incorporated by reference into
the Rule?
List of Subjects in 16 CFR Part 311
Energy conservation, Incorporation by reference, Labeling, Recycled
oil, Trade practices.
Authority: 15 U.S.C. 41-58.
By direction of the Commission.
C. Landis Plummer,
Acting Secretary.
[FR Doc. E6-10503 Filed 7-5-06; 8:45 am]
BILLING CODE 6750-01-P