9054 Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Proposed Rules 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2009–0120/Airspace 

Docket No. 09–ACE–2.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration (FAA), Office of Air 

Traffic Airspace Management, ATA– 

400, 800 Independence Avenue, SW., 

Washington, DC 20591, or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. Persons interested in being 

placed on a mailing list for future 

NPRM’s should contact the FAA’s 

Office of Rulemaking (202) 267–9677, to 

request a copy of Advisory Circular No. 

11–2A, Notice of Proposed Rulemaking 

Distribution System, which describes 

the application procedure. 

The Proposal 

This action proposes to amend Title 

14, Code of Federal Regulations (14 

CFR), Part 71 by adding Class E airspace 

for SIAPs operations at Modisett 

Airport, Rushville, NE. The area would 

be depicted on appropriate aeronautical 

charts. 

Class E airspace areas are published 

in Paragraph 6005 of FAA Order 

7400.9S, dated October 3, 2008, and 

effective October 31, 2008, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document would be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) Is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this rule, 

when promulgated, will not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. The FAA’s authority to 

issue rules regarding aviation safety is 

found in Title 49 of the U.S. Code. 

Subtitle 1, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it would add 

controlled airspace at Modisett Airport, 

Rushville, NE. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR Part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS 

1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9S, Airspace 

Designations and Reporting Points, 

dated October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ACE NE E5 Rushville, NE [New] 

Rushville, Modisett Airport, NE 

(Lat. 42°44′12′′ N., long. 102°26′40′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.3-mile 

radius of Modisett Airport. 

* * * * * 

Issued in Fort Worth, TX on February 13, 

2009. 

Walter L. Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. E9–4353 Filed 2–27–09; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 306 

Automotive Fuel Ratings, Certification 

and Posting 

AGENCY: Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’). 

ACTION: Request for public comments. 

SUMMARY: As part of the Commission’s 

systematic review of all current FTC 

rules and guides, the Commission 

requests public comment on the overall 

costs, benefits, necessity, and regulatory 

and economic impact of the FTC’s rule 

for ‘‘Automotive Fuel Ratings, 

Certification and Posting’’ (‘‘Fuel Rating 

Rule’’ or ‘‘Rule’’). 

DATES: Written comments must be 

received by May 15, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Fuel Rating 

Rule Review, Matter No. R811005’’ to 

facilitate the organization of comments. 

Please note that your comment— 

including your name and your state— 

will be placed on the public record of 

this proceeding, including on the 

publicly accessible FTC website, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm). 

Because comments will be made 

public, they should not include any 

sensitive personal information, such as 

an individual’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. Comments 

also should not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, comments should not include 

any ‘‘[t]rade secret or any commercial or 

financial information which is obtained 

from any person and which is privileged 

or confidential. . . .,’’ as provided in 

Section 6(f) of the FTC Act, 15 U.S.C. 

46(f), and Commission Rule 4.10(a)(2), 

16 CFR 4.10(a)(2). Comments containing 


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Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Proposed Rules 9055 

1 FTC Rule 4.2(d), 16 CFR 4.2(d). 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 FTC Rule 4.9(c), 16 CFR 4.9(c). 

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).1

Because paper mail addressed to the 

FTC is subject to delay due to 

heightened security screening, please 

consider submitting your comments in 

electronic form. Comments filed in 

electronic form should be submitted by 

using the following weblink: (https:// 

secure.commentworks.com/ftcfuelratingrulereview) (and following the 

instructions on the web-based form). To 

ensure that the Commission considers 

an electronic comment, you must file it 

on the web-based form at the weblink 

(https://secure.commentworks.com/ftcfuelratingrulereview). If this Notice 

appears at (http://www.regulations.gov/ 

search/index.jsp), you may also file an 

electronic comment through that 

website. The Commission will consider 

all comments that regulations.gov 

forwards to it. You may also visit the 

FTC website at http://www.ftc.gov to 

read the Notice and the news release 

describing it. 

A comment filed in paper form 

should include the ‘‘Fuel Rating Rule 

Review, Matter No. R811005’’ reference 

both in the text and on the envelope, 

and should be mailed or delivered to the 

following address: Federal Trade 

Commission/Office of the Secretary, 

Room H-135 (Annex M), 600 

Pennsylvania Avenue, N.W., 

Washington, D.C. 20580. The FTC is 

requesting that any comment filed in 

paper form be sent by courier or 

overnight service, if possible, because 

U.S. postal mail in the Washington area 

and at the Commission is subject to 

delay due to heightened security 

precautions. 

The Federal Trade Commission Act 

(‘‘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 

available to the public on the FTC 

website, to the extent practicable, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm). As a matter of 

discretion, the Commission makes every 

effort to remove home contact 

information for individuals from the 

public comments it receives before 

placing those comments on the FTC 

website. 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.shtm). 

FOR FURTHER INFORMATION CONTACT: 

Matthew Wilshire, (202) 326-2976, 

Attorney, Division of Enforcement, 

Bureau of Consumer Protection, Federal 

Trade Commission, 600 Pennsylvania 

Avenue, N.W., Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Fuel Rating Rule establishes 

standard procedures for determining, 

certifying, and posting, by means of a 

label on the fuel dispenser, the 

automotive fuel rating of liquid 

automotive fuels, including liquid 

alternative fuels. The Commission first 

promulgated the Rule (then titled the 

‘‘Octane Certification and Posting 

Rule’’) in 1979 in accordance with the 

Petroleum Marketing Practices Act 

(‘‘PMPA’’) (15 U.S.C. 2821 et seq.). (44 

FR 19160 (Mar. 30, 1979)). The Rule 

originally only applied to gasoline. In 

1993, in response to amendments to the 

PMPA, the Commission expanded the 

scope of the Rule to cover liquid 

alternative fuels, including, but not 

limited to, methanol, denatured ethanol, 

liquefied natural gas, and coal-derived 

liquid fuels. (58 FR 41356 (Aug. 3, 

1993)). In 2008, the Commission again 

amended the Rule to incorporate the 

specific labeling requirements for 

biodiesel, biomass-based diesel, and 

blends thereof (collectively, ‘‘biodiesel 

fuels’’) required by Section 205 of the 

Energy Independence and Security Act 

of 2007 (42 U.S.C. 17021). (73 FR 40154 

(July 11, 2008)). 

The Fuel Rating Rule designates 

methods for rating, certifying, and 

posting the rating of automotive fuels at 

the point of sale. The Rule requires that 

refiners, importers, and producers of 

any liquid automotive fuel determine 

that fuel’s ‘‘automotive fuel rating’’ 

before transferring it to a distributor or 

retailer. For gasoline, the fuel rating is 

the octane rating. For alternative fuels 

other than biodiesel fuels, the rating is 

the minimum percentage of the 

principal component of the fuel. For 

biodiesel fuels, it is the percentage of 

biodiesel or biomass-based diesel in the 

fuel. In addition, any covered entity, 

including a distributor, that transfers a 

fuel must provide a certification of the 

fuel’s rating to the transferee either by 

including it in papers accompanying the 

transfer or by letter. Finally, the Rule 

requires retailers to post the fuel rating 

by adhering a label to the retail fuel 

pump. The Rule sets forth precise 

specifications regarding the content, 

size, color, and font of the labels. 

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 as 

well as 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 comments on, 

among other things, the economic 

impact of, and the continuing need for, 

the Fuel Rating Rule; the benefits of the 

Rule to purchasers of automotive fuels; 

and the burdens the Rule places on 

firms subject to its requirements. 

III. Request for Comment 

The Commission solicits comments 

on the following specific questions 

related to the Fuel Rating Rule: 

(1) Is there a continuing need for the 

Rule as currently promulgated? Why or 

why not? 

(2) What benefits has the Rule 

provided to consumers? What evidence 

supports the asserted benefits? 

(3) What modifications, if any, should 

the Commission make to the Rule to 

increase its benefits to consumers? 

(a) What evidence supports your 

proposed modifications? 

(b) How would these modifications 

affect the costs and benefits of the Rule 

for consumers? 

(c) How would these modifications 

affect the costs and benefits of the Rule 

for businesses, particularly small 

businesses? 

(4) What impact has the Rule had on 

the flow of truthful information to 

consumers and on the flow of deceptive 

information to consumers? 

(5) What significant costs has the Rule 

imposed on consumers? What evidence 

supports the asserted costs? 

(6) What modifications, if any, should 

be made to the Rule to reduce the costs 

imposed on consumers? 

(a) What evidence supports your 

proposed modifications? 

(b) How would these modifications 

affect the costs and benefits of the Rule 

for consumers? 

(c) How would these modifications 

affect the costs and benefits of the Rule 

for businesses, particularly small 

businesses? 

(7) Please provide any evidence that 

has become available since 1993 


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9056 Federal Register / Vol. 74, No. 39 / Monday, March 2, 2009 / Proposed Rules 

concerning consumer perception of fuel 

rating labels. Does this new information 

indicate that the Rule should be 

modified? If so, why, and how? If not, 

why not? 

(8) Please provide any evidence that 

has become available since 1993 

concerning consumer interest in 

particular fuel rating issues. Does this 

new information indicate that the Rule 

should be modified? If so, why, and 

how? If not, why not? 

(9) What benefits, if any, has the Rule 

provided to businesses, and in 

particular to small businesses? What 

evidence supports the asserted benefits? 

(10) What modifications, if any, 

should be made to the Rule to increase 

its benefits to businesses, and 

particularly to small businesses? 

(a) What evidence supports your 

proposed modifications? 

(b) How would these modifications 

affect the costs and benefits of the Rule 

for consumers? 

(c) How would these modifications 

affect the costs and benefits of the Rule 

for businesses? 

(11) What significant costs, including 

costs of compliance, has the Rule 

imposed on businesses, particularly 

small businesses? What evidence 

supports the asserted costs? 

(12) What modifications, if any, 

should be made to the Rule to reduce 

the costs imposed on businesses, and 

particularly on small businesses? 

(a) What evidence supports your 

proposed modifications? 

(b) How would these modifications 

affect the costs and benefits of the Rule 

for consumers? 

(c) How would these modifications 

affect the costs and benefits of the Rule 

for businesses? 

(13) What evidence is available 

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? 

(14) Are any of the Rule’s 

requirements no longer needed? If so, 

explain. Please provide supporting 

evidence. 

(15) What potentially unfair or 

deceptive practices concerning the 

rating, certifying, and posting of the 

rating of automotive fuels, if any, are not 

covered by the Rule? 

(a) What evidence demonstrates the 

existence of such practices? 

(b) With reference to such practices, 

should the Rule be modified? If so, why, 

and how? If not, why not? 

(16) What modifications, if any, 

should be made to the Rule to account 

for changes in relevant technology, 

including development of new liquid 

alternative fuels, or economic 

conditions? 

(a) What evidence supports the 

proposed modifications? 

(b) How would these modifications 

affect the costs and benefits of the Rule 

for consumers and businesses, 

particularly small businesses? 

(17) Does the Rule overlap or conflict 

with other federal, state, or local laws or 

regulations? If so, how? 

(a) What evidence supports the 

asserted conflicts? 

(b) With reference to the asserted 

conflicts, should the Rule be modified? 

If so, why, and how? If not, why not? 

(c) Is there evidence concerning 

whether the Rule has assisted in 

promoting national consistency with 

respect to the rating, certifying, and 

posting the rating of automotive fuels? 

If so, please provide that evidence. 

(18) Are there foreign or international 

laws, regulations, or standards with 

respect to the rating, certifying, and 

posting the rating of automotive fuels 

that the Commission should consider as 

it reviews the Rule? If so, what are they? 

(a) Should the Rule be modified in 

order to harmonize with these foreign or 

international laws, regulations, or 

standards? If so, why, and how? If not, 

why not? 

(b) How would such harmonization 

affect the costs and benefits of the Rule 

for consumers and businesses, 

particularly small businesses? 

List of Subjects in 16 CFR Part 306 

Fuel ratings, Trade practices. 

Authority: 15 U.S.C. 2801 et seq; 42 U.S.C. 

17021 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. E9–4282 Filed 2–27–09: 8:45 am] 

BILLING CODE 6750–01–S 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Part 1635 

RIN 3046–AA84 

Regulations Under the Genetic 

Information Nondiscrimination Act of 

2008 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Proposed rule. 

SUMMARY: The Equal Employment 

Opportunity Commission (‘‘EEOC’’ or 

‘‘Commission’’) is issuing a proposed 

rule that would implement Title II of the 

Genetic Information Nondiscrimination 

Act of 2008 (‘‘GINA’’). Congress enacted 

Title II of GINA to protect job 

applicants, current and former 

employees, labor union members, and 

apprentices and trainees from 

discrimination based on their genetic 

information. Title II of GINA requires 

the EEOC to issue implementing 

regulations. The Commission is 

proposing these rules under that 

authority to provide all persons subject 

to Title II of GINA additional guidance 

with regard to the law’s requirements. 

The Commission invites written 

comments from members of the public 

on these proposed rules and on any 

specific issues related to this proposal. 

DATES: Comments regarding this 

proposal must be received by the 

Commission on or before May 1, 2009. 

Please see the section below entitled 

ADDRESSES and SUPPLEMENTARY

INFORMATION for additional information 

on submitting comments. 

ADDRESSES: You may submit comments 

by any of the following methods: 

By mail to Stephen Llewellyn, 

Executive Officer, Executive Secretariat, 

Equal Employment Opportunity 

Commission, 131 M Street, NE., Suite 

6NE03F, 20507. 

By facsimile (‘‘FAX’’) machine to 

(202) 663–4114. (There is no toll free 

FAX number.) Only comments of six or 

fewer pages will be accepted via FAX 

transmittal, in order to assure access to 

the equipment. Receipt of FAX 

transmittals will not be acknowledged, 

except that the sender may request 

confirmation of receipt by calling the 

Executive Secretariat staff at (202) 663– 

4070 (voice) or (202) 663–4074 (TTY). 

(These are not toll free numbers.) 

By the Federal eRulemaking Portal: 

http://www.regulations.gov. After 

accessing this Web site, follow its 

instructions for submitting comments. 

Instructions: All comment 

submissions must include the agency 

name and docket number or the 

Regulatory Information Number (RIN) 

for this rulemaking. Comments need be 

submitted in only one of the abovelisted formats, not all three. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information you provide. 

Copies of the received comments also 

will be available for inspection in the 

EEOC Library, FOIA Reading Room, by 

advanced appointment only, from 9 a.m. 

to 5 p.m., Monday through Friday 

except legal holidays, from March 2, 

2009 until the Commission publishes 

the rule in final form. Persons who 

schedule an appointment in the EEOC 

Library, FOIA Reading Room, and need 


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