38692 Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Proposed Rules 

1The petition is available online at https://

www.regulations.gov. 

2See 15 U.S.C. 2823(c)(1). 3See Octane Posting and Certification Rule, 44 FR 

19160 (1979). 4See 58 FR 41356 (Aug. 3, 1993) (alternative 

fuels); 73 FR 40154 (July 11, 2008); and 81 FR 2054 

(Jan. 14, 2016). 5See Gilbarco exemptions at 60 FR 57584 (Nov. 

16, 1995); 53 FR 29277 (Aug. 3, 1988); 81 FR 86914 

(Dec. 2, 2016). See also similar exemptions granted 

to other companies including Sunoco, 44 FR 33740 

(June 12, 1979) and 55 FR 1871 (Jan. 19, 1990); 

Dresser Industries, Inc., 56 FR 26821 (June 11, 

1991); Exxon Corp., 54 FR 14072 (Apr. 7, 1989). 6 In its petition, Gilbarco asked the Commission 

to consider granting the proposed exemptions 

without a notice and comment period. The 

Commission, however, has determined that the 

petition may raise issues appropriate for public 

comment, and is therefore publishing this Notice to 

seek comment before reaching a final decision on 

the petition. Under § 1.31 of the Commission’s 

rules, 16 CFR 1.31(f), the FTC invites public 

comment on petitions for rulemaking including 

petitions for exemptions from Commission rules. 

This Notice satisfies the requirements of that 

section. 

7The Rule (16 CFR 306.12) requires 3 inches wide 

by 2.5 inches long. 

FEDERAL TRADE COMMISSION 

[File No. R811005] 

16 CFR Part 306 

Proposed Partial Rule Exemption for 

Gilbarco, Inc. 

AGENCY: Federal Trade Commission. 

ACTION: Notification of proposed 

exemption; request for comment. 

SUMMARY: The Federal Trade 

Commission (‘‘FTC’’ or ‘‘Commission’’) 

has received a petition from Gilbarco, 

Inc. (‘‘Gilbarco’’) seeking a partial 

exemption from the coverage of a rule 

and published that petition online at 

https://www.regulations.gov. The 

petition requests permission to post fuel 

rating labels that deviate from label size, 

shape, font size, and letterspace 

specifications contained in the Fuel 

Rating Rule. The Commission proposes 

granting the partial exemption and 

invites comment on this proposal. 

DATES: Comments must be filed by 

August 15, 2022. 

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 ‘‘Gilbarco Exemption; 

Matter No. R811005’’ on your comment, 

and file your comment online at https:// 

www.regulations.gov/, 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, 

Org 0825, Mail Stop H–144, 600 

Pennsylvania Avenue NW, Washington, 

DC 20580. 

FOR FURTHER INFORMATION CONTACT: 

Hampton Newsome (202–326–2889), 

Attorney, Division of Enforcement, 

Bureau of Consumer Protection, Federal 

Trade Commission, 600 Pennsylvania 

Avenue NW, Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: The 

Commission seeks comment on a 

‘‘Petition for Partial Exemption’’ from 

Gilbarco, Inc. (‘‘Gilbarco’’).1 As 

discussed below, the Petition requests 

that the Commission issue a partial 

exemption allowing Gilbarco to reduce 

the footprint and type size of fuel labels 

required under 16 CFR part 306. 

I. Background 

The Commission promulgated the 

Fuel Rating Rule (16 CFR part 306) (‘‘the 

Rule’’) in accordance with the 

Petroleum Marketing Practices Act 

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

requires the Commission to establish 

uniform automotive fuel rating and 

labeling standards.2 The ratings and 

labels provide consumers information 

they need to choose the correct type or 

grade of fuel for their vehicles. As 

originally published in 1979, the Rule 

only required an octane rating for 

automotive gasoline.3 Subsequently, the 

Commission added labeling 

requirements for liquid alternative fuels, 

biodiesel, and ethanol flex fuel.4 Section 

306.12 of the Rule details the label color 

scheme, shape, size, textual content, 

and font type/point size. For example, 

the octane label must display the fuel’s 

octane number in 96-point font. In 

addition, ethanol labels must state ‘‘Use 

Only In Flex-Fuel Vehicles/May Harm 

Other Engines’’ in capital letters and 

black font, with the phrase ‘‘Flex-Fuel 

Vehicles’’ in 16-point font. 

In the past, the Commission granted 

partial exemptions to allow Gilbarco, 

one of the largest manufacturers of fuel 

dispensers in the U.S., to (1) post octane 

button labels with smaller label 

dimensions than allowed by the Rule 

(these dimension changes did not alter 

font size), and (2) add the word ‘‘Press’’ 

on the label. In addition, in the 1995 

exemption, the Commission allowed 

Gilbarco to make the font size ‘‘slightly 

smaller’’ for the prominent octane (96- 

point font) number on the octane label.5

II. Gilbarco’s Requested Partial 

Exemption 

In its new petition, Gilbarco requests 

a partial exemption to permit retailers to 

post narrower label dimensions for 

button labels, as well as allow the use 

of smaller font size for certain text to 

accommodate such narrower labels.6

These changes would allow Gilbarco to 

fit a larger number of fuel labels on a 

single dispenser. Gilbarco explains the 

exemption is needed ‘‘so that retailers 

may adapt to the needs of consumers 

while continuing to ensure the clear and 

conspicuous disclosure of all 

information required by the Rule.’’ 

Given increases in fuel choices at retail 

pumps, Gilbarco has developed and 

now proposes button label 

specifications that would allow its 

dispensers to accommodate one 

additional fuel grade button, for a total 

of six buttons for selecting fuel on 

dispensers. 

To help achieve this goal, Gilbarco 

specifically requests the following 

changes to the fuel rating labels: 

1. Permission to post fuel rating labels 

that deviate from the Rule’s 

requirements concerning the external 

dimensions of labels for gasoline, 

alternative liquid automotive fuels, 

ethanol flex fuels, biodiesel, biodiesel 

blends, and biomass-based diesel to 

allow for labels that are 2.20 inch wide 

(and the same length as previously 

permitted by the Commission in 

previous exemption requests).7

2. Permission for fuel retailers to post 

fuel rating labels that deviate from font 

size and letterspace specifications 

contained in the Rule in the following 

manner: 

a. 22-point font size for ‘‘XX% 

ETHANOL’’ instead of 24-point font as 

currently required on the ethanol label; 

b. 10-point font size and 10.5-point 

letterspace for ‘‘MINIMUM OCTANE 

RATING’’ instead of 12-point font and 

12 1⁄2 point spacing as currently 

required on the octane label; and 

c. 14-point font size for ‘‘FLEX–FUEL 

VEHICLES’’ instead of 16-point 

currently required on the ethanol label. 

Under the proposed partial 

exemption, the overall length of the 

labels will remain as previously 

approved by the Commission, and their 

background and text insertions will 

otherwise comply with the Rule’s color 

scheme, content, and font type and 

point size requirements. 

III. Discussion 

The Commission preliminarily 

concludes that Gilbarco’s proposed label 

modifications meet the Rule’s labeling 

requirements because they provide clear 

and conspicuous notice of the required 

information and are consistent with the 

Rule’s other requirements relating to 

color scheme, content, and font. In 

addition, the Commission’s experience 

with similar exemptions suggests the 

proposed slight reductions in font size 


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Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Proposed Rules 38693 

to several label disclosures are unlikely 

to materially affect consumers’ 

understanding of the labels at the pump. 

Accordingly, the Commission proposes 

granting the requested exemption. The 

Commission requests comment on this 

proposal and whether the requested 

changes would materially affect the 

legibility of required fuel labels. 

IV. Request for Comment 

The Commission seeks comment on 

the proposed exemption in this Notice. 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before August 15, 2022. Write ‘‘Gilbarco 

Exemption; Matter No. R811005’’ 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 website https://

www.regulations.gov. 

Because of the public health 

emergency in response to the COVID–19 

outbreak and the agency’s heightened 

security screening, postal mail 

addressed to the Commission will be 

subject to delay. We strongly encourage 

you to submit your comments online 

through the https://www.regulations.gov 

website. To ensure the Commission 

considers your online comment, please 

follow the instructions on the webbased form. 

If you file your comment on paper, 

write ‘‘Gilbarco Exemption; Matter No. 

R811005’’ on your comment and on the 

envelope, and mail your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Org 0825, Mail Stop H–144, 600 

Pennsylvania Avenue NW, Washington, 

DC 20580. 

Because your comment will be placed 

on the public record, you are solely 

responsible for making sure your 

comment does not include any sensitive 

or confidential information. Your 

comment should not contain 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 

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 ‘‘[t]rade secret or any 

commercial or financial information 

which . . . is privileged or 

confidential’’—as provided in 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 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 publicly 

at www.regulations.gov—as legally 

required by FTC Rule 4.9(b), 16 CFR 

4.9(b)—we cannot redact or remove 

your comment, 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 

document and the news release 

describing it. 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 it 

receives on or before August 15, 2022. 

For information on the Commission’s 

privacy policy, including routine uses 

permitted by the Privacy Act, see 

https://www.ftc.gov/siteinformation/ 

privacypolicy. 

Because written comments appear 

adequate to present the views of all 

interested parties, the Commission has 

not scheduled an opportunity for 

presentation of oral comments regarding 

these proposed amendments. Interested 

parties may request an opportunity to 

present views orally. If such a request is 

made, the Commission will publish a 

document in the Federal Register 

stating the time and place for such oral 

presentation(s) and describing the 

procedures that will be followed. 

Interested parties who wish to present 

oral views must submit a request, on or 

before August 15, 2022, in the form of 

a written comment that describes the 

issues on which the party wishes to 

speak. If no oral presentations are 

scheduled, the Commission will base its 

decision on the written rulemaking 

record. 

V. Paperwork Reduction Act 

The Fuel Rating Rule contains 

recordkeeping, disclosure, testing, and 

reporting requirements that constitute 

information collection requirements as 

defined by 5 CFR 1320.3(c), the 

definitional provision within the Office 

of Management and Budget (OMB) 

regulations that implement the 

Paperwork Reduction Act (PRA). OMB 

has approved the Rule’s existing 

information collection requirements 

through September 30, 2023 (OMB 

Control No. 3084–0068). The proposed 

partial exemption would not amend the 

Rule or change the substance or 

frequency of the Rule’s disclosure 

requirements and, therefore, does not 

require OMB clearance. 

VI. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(‘‘RFA’’), 5 U.S.C. 601–612, requires that 

the Commission conduct an analysis of 

the anticipated economic impact of the 

proposed partial exemption on small 

entities. The RFA requires that the 

Commission provide an Initial 

Regulatory Flexibility Analysis 

(‘‘IRFA’’) with a rule unless the 

Commission certifies that the rule will 

not have a significant economic impact 

on a substantial number of small 

entities. 5 U.S.C. 605. The proposed 

exemption does not amend the Rule or 

alter the substance or frequency of the 

Rule’s disclosure requirements. Thus, 

the Commission has concluded that a 

regulatory flexibility analysis is not 

necessary, and certifies, under Section 

605 of the Regulatory Flexibility Act (5 

U.S.C. 605(b)), that the proposed 

exemption will not have a significant 

economic impact on a substantial 

number of small entities. 

By direction of the Commission. 

April J. Tabor, 

Secretary. 

[FR Doc. 2022–13795 Filed 6–28–22; 8:45 am] 

BILLING CODE 6750–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2018–0788; EPA–R05– 

OAR–2020–0353; FRL–9879–01–R5] 

Air Plan Approval; Indiana; 

Infrastructure SIP Requirements for 

the 2015 Ozone NAAQS and 

References to the Code of Federal 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 


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