This section of the FEDERAL REGISTER
contains notices to the public of the proposedissuance of rules and regulations. Thepurpose of these notices is to give interestedpersons an opportunity to participate in therule making prior to the adoption of the finalrules.Proposed RulesFederal Register60334 
Vol. 82, No. 243 
Wednesday, December 20, 2017 
142 U.S.C. 6363(a). 
2Under EPCA (42 U.S.C. 6363(c)), the National 
Institute of Standards and Technology (‘‘NIST’’) 
must develop (and report to the FTC) applicable standards for determining the substantial equivalence of processed used engine oil with new engine oil. NIST recommended API 1509 when the Commission originally promulgated the Rule. 
360 FR at 55418–55419. 
472 FR 14410, 14413 (March 28, 2007). FEDERAL TRADE COMMISSION 
16 CFR Part 311 
RIN 3084–AB48 
Test Procedures and Labeling 
Standards for Recycled Oil 
AGENCY : Federal Trade Commission 
(‘‘FTC’’ or ‘‘Commission’’). 
ACTION : Advance notice of proposed 
rulemaking; request for public comment. 
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 : Comments must be received on 
or before February 12, 2018. 
ADDRESSES : Interested parties may file a 
comment online or on paper, by following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section 
below. Write ‘‘16 CFR part 311— Recycled Oil, Matter No. R811006’’ on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/ RecycledOilReview, by following the 
instructions on the web-based form. If you prefer to file your comment on paper, mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC–5610 (Annex A), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex A), Washington, DC 20024. 
FOR FURTHER INFORMATION CONTACT : 
Hampton Newsome, (202) 326–2889, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania 
Avenue NW, CC–9528, Washington, DC 20580. 
SUPPLEMENTARY INFORMATION : 
I. Background 
The Recycled Oil Rule, mandated by 
the Energy Policy and Conservation Act (‘‘EPCA’’) (42 U.S.C. 6363), contains testing and labeling requirements for recycled engine oil. As indicated in the statute, the Rule’s purpose is to encourage used oil recycling, promote recycled oil use, reduce new oil 
consumption, and reduce environmental hazards and wasteful practices associated with used oil disposal.
1The Rule, initially 
promulgated in 1995 (60 FR 55414 (Oct. 31, 1995)), allows manufacturers to represent that processed used engine oil is substantially equivalent to new oil as long as they substantiate such claims using American Petroleum Institute (API) Publication 1509 (Engine Oil Licensing and Certification System).
2 
The Rule does not require manufacturers to explicitly state that their engine oil is substantially equivalent to new oil, nor does it mandate any specific qualifiers or disclosures.
3 
II. Regulatory Review Program 
The Commission reviews its rules and 
guides periodically to seek information about their costs and benefits, regulatory and economic impact, and general effectiveness in protecting consumers and helping industry avoid deceptive claims. These reviews assist the Commission in identifying rules and guides that warrant modification or rescission. As part of its last review in 2007, the Commission determined to retain the Rule and updated the reference to API Publication 1509, Fifteenth Edition, and added an explanation of incorporation by reference in § 311.4.
4 
With the present Notice, the 
Commission initiates a new review. The Commission solicits comments on, among other things, the economic 
impact of, and the continuing need for, the Recycled Oil Rule; the Rule’s benefits to consumers; and the burdens it places on industry members subject to the Rule’s requirements, including small businesses. 
III. Issues for Comments 
To aid commenters in submitting 
information, the Commission has 
prepared the following specific questions related to the Recycled Oil Rule. The Commission seeks comments on these and any other issues related to the Rule’s current requirements. In their replies, commenters should provide any available evidence and data that supports their position, such as empirical data, consumer perception 
studies, and consumer complaints. 
(1) Need: Is there a continuing need 
for the Rule? Why or why not? 
(2) Benefits and Costs to Consumers: 
What benefits has the Rule provided to consumers, and does the Rule impose any significant costs on consumers? 
(3) Benefits and Costs to Industry 
Members: What benefits, if any, has the 
Rule provided to businesses, and does the Rule impose any significant costs, including costs of compliance, on businesses, including small businesses? 
(4) Recommended Changes: What 
modifications, if any, should the Commission make to the Rule to increase its benefits or reduce its costs? How would these modifications affect the costs and benefits of the Rule for consumers? How would these modifications affect the costs and benefits of the Rule for businesses, particularly small businesses? 
(5) Impact on Information: What 
impact has the Rule had on the flow of truthful information to consumers and on the flow of deceptive information to consumers? 
(6) Compliance: Provide any evidence 
concerning the degree of industry compliance with the Rule. Does this evidence indicate that the Rule should be modified? If so, why, and how? If not, why not? 
(7) Unnecessary Provisions: Provide 
any evidence concerning whether any of the Rule’s provisions are no longer necessary. Explain why these provisions are unnecessary. 
(8) Technological or Economic 
Changes: What modifications, if any, 
should be made to the Rule to account for current or impending changes in 
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5The current Rule (Section 311.4) references the 
Fifteenth Edition of API Publication 1509. technology or economic conditions? 
How would these modifications affect the costs and benefits of the Rule for consumers and businesses, particularly small businesses? 
(9) Conflicts With Other 
Requirements: Does the Rule overlap or 
conflict with other federal, state, or local laws or regulations? If so, how? Provide any evidence that supports your position. With reference to the asserted conflicts, should the Rule be modified? If so, why, and how? If not, why not? 
Are there any Rule changes necessary to help state law enforcement agencies combat deceptive practices in the recycled engine oil market? Provide any evidence concerning whether the Rule has assisted in promoting national consistency with respect to the advertising of recycled engine oil. 
(10) Update Rule Reference to API 
Document: Should the Commission 
update the Rule to incorporate by reference the current version (i.e., the 
Seventeenth Edition) of the API Publication 1509?
5If so, should the 
incorporation include a specific date or other information to identify the seventeenth edition of API Publication 1509? 
IV. Comment Submissions 
You can file a comment online or on 
paper. For the Commission to consider 
your comment, we must receive it on or before February 12, 2018. Write ‘‘16 CFR part 311—Recycled Oil, Matter No. R811006’’ on your comment. Your comment—including your name and your state—will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission website, at http://www.ftc.gov/os/publiccomments.shtm. Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online, or to send them to the Commission by courier or overnight service. To make sure that the Commission considers your online comment, you must file it at https://ftcpublic.commentworks.com/ftc/ RecycledOilReview, by following the 
instructions on the web-based form. When this Notice appears at https://www.regulations.gov, you also may file 
a comment through that website. 
If you prefer to file your comment on 
paper, write ‘‘16 CFR part 311— Recycled Oil, Matter No. R811006’’ on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 
Pennsylvania Avenue NW, Suite CC– 5610 (Annex A), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex A), Washington, DC 20024. If possible, submit your paper comment to the Commission by courier or overnight service. 
Because your comment will be placed 
on the publicly accessible FTC website at https://www.ftc.gov, you are solely 
responsible for making sure that your comment does not include any sensitive or confidential information. In particular, your comment should not include any sensitive personal information, such as your or anyone else’s Social Security number; date of birth; driver’s license number or other state identification number, or foreign country equivalent; passport number; financial account number; or credit or debit card number. You are also solely responsible for making sure that your comment does not include any sensitive health information, such as medical records or other individually identifiable health information. In addition, your comment should not include any ‘‘trade secret or any commercial or financial information which . . . is privileged or confidential’’—as provided by Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— including, in particular, competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. 
Comments containing material for 
which confidential treatment is requested must be filed in paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with FTC Rule 4.9(c), 16 CFR 4.9(c). In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 
4.9(c). Your comment will be kept confidential only if the General Counsel grants your request in accordance with the law and the public interest. Once your comment has been posted on the public FTC website—as legally required by FTC Rule 4.9(b)—we cannot redact or remove your comment from the FTC website, unless you submit a confidentiality request that meets the requirements for such treatment under 
FTC Rule 4.9(c), and the General Counsel grants that request. Visit the FTC website to read this 
Notice and the news release describing it. The FTC Act and other laws that 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 on or before February 12, 2018. For information on the Commission’s privacy policy, including routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/ privacy-policy. 
By direction of the Commission. 
Donald S. Clark, 
Secretary. 
[FR Doc. 2017–27374 Filed 12–19–17; 8:45 am] 
BILLING CODE 6750–01–P 
COMMODITY FUTURES TRADING 
COMMISSION 
17 CFR Part 1 
RIN 3038–AE62 
Retail Commodity Transactions 
Involving Virtual Currency 
AGENCY : Commodity Futures Trading 
Commission. 
ACTION : Proposed interpretation; request 
for comment. 
SUMMARY : The Commodity Futures 
Trading Commission (the ‘‘Commission’’ or ‘‘CFTC’’) is issuing this proposed interpretation of the term ‘‘actual delivery’’ as set forth in a certain provision of the Commodity Exchange Act (‘‘CEA’’) pursuant to the Dodd- Frank Wall Street Reform and Consumer Protection Act (the ‘‘Dodd-Frank Act’’). Specifically, this proposed interpretation is being issued to inform the public of the Commission’s views as to the meaning of actual delivery within the specific context of retail commodity transactions in virtual currency. The Commission requests comment on this proposed interpretation and further invites comment on specific questions related to the Commission’s treatment of virtual currency transactions. 
DATES : Comments must be received on 
or before March 20, 2018. 
ADDRESSES : You may submit comments, 
identified by RIN 3038–AE62, by any of the following methods: 
•CFTC website: http://
comments.cftc.gov. Follow the 
instructions for submitting comments through the Comments Online process on the website. 
•Mail: Christopher Kirkpatrick, 
Secretary of the Commission, 
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