48314 Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Proposed Rules 

(1) For airplanes on which none of the 

Bombardier service bulletins identified in 

Table 1 of this AD have been incorporated as 

of the effective date of this AD: Modify the 

fuel tank bonding jumpers inside the wing 

and center fuel tanks in accordance with Part 

A of the Accomplishment Instructions of 

Bombardier Service Bulletin 601R–28–055, 

Revision E, dated March 17, 2008. 

TABLE 1—SERVICE BULLETINS

Bombardier Service Bulletin Revision Date 

601R–28–055 ........................................................................ Original ................................................................................. May 4, 2004. 

601R–28–055 ........................................................................ A ........................................................................................... February 14, 2005. 

601R–28–055 ........................................................................ B ........................................................................................... September 14, 2005. 

601R–28–055 ........................................................................ C ........................................................................................... January 9, 2006. 

601R–28–055 ........................................................................ D ........................................................................................... July 17, 2006. 

(2) For airplanes on which any Bombardier 

service bulletin identified in Table 1 of this 

AD has been incorporated as of the effective 

date of this AD: Do a general visual 

inspection of the inside of the wing and 

center fuel tanks to determine if the actions 

in Part A of the Accomplishment Instructions 

of Bombardier Service Bulletin 601R–28–055, 

Revision E, dated March 17, 2008, have been 

done on both sides of the airplane. If Part A 

of the service bulletin has not been done on 

either side of the airplane, before further 

flight, do the actions specified in Part A of 

the Accomplishment Instructions of 

Bombardier Service Bulletin 601R–28–055, 

Revision E, dated March 17, 2008, for the 

side of the airplane on which Part A of the 

service bulletin has not been done. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: 

(1) The Accomplishment Instructions of 

Bombardier Service Bulletin 601R–28–055, 

Revision E, dated March 17, 2008, do not 

specify corrective actions if Revision D, dated 

July 17, 2006, of the service bulletin was 

incorporated. This AD refers to incorporation 

of Revision E of the service bulletin for the 

actions specified in paragraph (f)(2) of this 

AD. Revision E specifies inspecting to 

determine if the modification is done on both 

sides of the airplane. 

(2) The MCAI specifies that the 

modification must be done on all airplanes 

in accordance with Bombardier Service 

Bulletin 601R–28–055, Revision D, dated July 

17, 2006, and that accomplishing the original 

issue, dated May 4, 2004; Revision A, dated 

February 14, 2005; and Revision B, dated 

September 14, 2005; of the service bulletin 

does not satisfy the requirements. This AD 

requires doing the modification on airplanes 

on which Revision D or any earlier issue of 

the service bulletin has not been done. For 

airplanes on which Revision D or any earlier 

issue of the service bulletin has been done, 

this AD requires inspecting to determine if 

the modification is done on both sides of the 

airplane and modifying the airplane if the 

modification was not done on both sides. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Mazdak Hobbi, 

Aerospace Engineer, Airframe and 

Propulsion Branch, ANE–171, FAA, New 

York Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, New 

York 11590; telephone (516) 228–7330; fax 

(516) 794–5531. Before using any approved 

AMOC on any airplane to which the AMOC 

applies, notify your appropriate principal 

inspector (PI) in the FAA Flight Standards 

District Office (FSDO), or lacking a PI, your 

local FSDO. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Canadian Airworthiness 

Directive CF–2007–34, dated December 21, 

2007; and Bombardier Service Bulletin 601R–

28–055, Revision E, dated March 17, 2008; 

for related information. 

Issued in Renton, Washington, on August 

6, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–19167 Filed 8–18–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0892; Directorate 

Identifier 2008–CE–049–AD] 

RIN 2120–AA64 

Airworthiness Directives; Maule 

Aerospace Technology, Inc. 

Models M–4, M–5, M–6, M–7, and M–8 

Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Maule Aerospace Technology, Inc. 

Models M–4, M–5, M–6, M–7, and 

M–8 series airplanes. This proposed AD 

would require you to paint the top of 

the rear elevator control horn, the 

elevator control cable end attached to 

the top of the rear control horn, the 

bottom of the forward elevator control 

horn, and the elevator control cable end 

attached to the bottom of the forward 

control. This proposed AD would also 

require you to insert a supplement into 

your maintenance program 

(maintenance manual). This proposed 

AD results from two reports of accidents 

where reversed elevator control rigging 

was a factor. We are proposing this AD 

to reduce the likelihood of a mechanic 

rigging the elevator controls backwards, 

which could result in elevator 

movement in the opposite direction 

from control input. This condition 

could lead to loss of control. 

DATES: We must receive comments on 

this proposed AD by October 20, 2008. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 


ebenthall on PRODPC60 with PROPOSALS
Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Proposed Rules 48315 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Maule 

Aerospace Technology, Inc., 2099 

Georgia Highway 133 South, Moultrie, 

Georgia 31788; telephone: (229) 985–

2045; fax: (229) 985–2048; Internet: 

http://www.mauleairinc.com. 

FOR FURTHER INFORMATION, CONTACT ONE

OF THE FOLLOWING: 

—Cindy Lorenzen, Aerospace Engineer, 

One Crown Center, 1895 Phoenix 

Blvd., Suite 450, Atlanta, Georgia 

30349; telephone: (770) 703–6078; 

fax: (770) 703–6097; e-mail: 

cindy.lorenzen@faa.gov; or 

—Gerald Avella, Aerospace Engineer, 

One Crown Center, 1895 Phoenix 

Blvd., Suite 450, Atlanta, Georgia 

30349; telephone: (770) 703–6066; 

fax: (770) 703–6097; e-mail: 

gerald.avella@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under the 

ADDRESSES section. Include the docket 

number, ‘‘FAA–2008–0892; Directorate 

Identifier 2008–CE–049–AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the proposed AD. We will consider all 

comments received by the closing date 

and may amend the proposed AD in 

light of those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

concerning this proposed AD. 

Discussion 

We have received two reports of 

accidents where reversed elevator 

control rigging was a factor. We are 

proposing this AD to reduce the 

likelihood of a mechanic rigging the 

elevator controls backwards, which 

could result in elevator movement in 

the opposite direction from control 

input. 

This condition, if not corrected, could 

result in loss of control. 

Relevant Service Information 

We have reviewed Maule Aerospace 

Technology, Inc. Mandatory Service 

Bulletin No. 30, dated March 4, 2008. 

The service information describes 

procedures for: 

• Painting the top of the rear elevator 

control horn and the elevator control 

cable end attached to the top of the rear 

control horn; 

• Painting the bottom of the forward 

elevator control horn and the elevator 

control cable end attached to the bottom 

of the forward control; and 

• Inserting a supplement in the 

maintenance program (maintenance 

manual). 

FAA’s Determination and Requirements 

of the Proposed AD 

We are proposing this AD because we 

evaluated all information and 

determined the unsafe condition 

described previously is likely to exist or 

develop on other products of the same 

type design. This proposed AD would 

require you to paint the top of the rear 

elevator control horn, the elevator 

control cable end attached to the top of 

the rear control horn, the bottom of the 

forward elevator control horn, and the 

elevator control cable end attached to 

the bottom of the forward control. This 

proposed AD would also require you to 

insert a supplement into your 

maintenance program (maintenance 

manual). 

Costs of Compliance 

We estimate that this proposed AD 

would affect 1,765 airplanes in the U.S. 

registry. 

We estimate the following costs to do 

the proposed modification: 

Labor cost Parts cost Total cost per 

airplane 

Total cost on 

U.S. operators 

1 work-hour × $80 per hour = $80 .............................................................................................. $20 $100 $176,500 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would not 

have a substantial direct effect on the 

States, on the relationship between the 

national Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that the proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

Examining the AD Docket 

You may examine the AD docket that 

contains the proposed AD, the 

regulatory evaluation, any comments 

received, and other information on the 

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

or in person at the Docket Management 

Facility between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The Docket Office (telephone 

(800) 647–5527) is located at the street 

address stated in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 


ebenthall on PRODPC60 with PROPOSALS
48316 Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Proposed Rules 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Maule Aerospace Technology, Inc.: Docket 

No. FAA–2008–0892; Directorate 

Identifier 2008–CE–049–AD. 

Comments Due Date 

(a) We must receive comments on this 

airworthiness directive (AD) action by 

October 20, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the following 

airplane models and serial numbers that are 

certificated in any category: 

Model Serial Nos. 

Bee Dee M–4 ... All serial numbers. 

M–4 ................... All serial numbers. 

M–4–180C ........ All serial numbers. 

M–4–180V ........ 47001T through 47014T. 

M–4–210 ........... All serial numbers. 

M–4–210C ........ All serial numbers. 

M–4–210S ........ All serial numbers. 

M–4–220C ........ All serial numbers. 

M–4–220S ........ All serial numbers. 

M–4C ................ All serial numbers. 

M–4S ................ All serial numbers. 

M–4T ................ All serial numbers. 

M–5–180C ........ All serial numbers. 

M–5–200 ........... All serial numbers. 

M–5–210C ........ All serial numbers. 

M–5–210TC ...... All serial numbers. 

M–5–220C ........ All serial numbers. 

M–5–235C ........ All serial numbers. 

M–6–180 ........... 8020C, 8043C, 8065C 

through 8067C. 

M–6–235 ........... 7249C, 7356C, 7379C 

through 7444C, 7446C 

through 7450C, 7452C 

through 7459C, 7461C 

through 7466C, 7468C, 

7469C, 7471C through 

7475C, 7488C through 

7514C, 7516C through 

7522C. 

M–7–235 ........... 4001C through 4132C, 

12001C, 12002C. 

M–7–235A ........ 24001C. 

M–7–235B ........ 23001C through 23105C. 

M–7–235C ........ 25001C through 25106C. 

M–7–260 ........... 26001C through 26021C. 

M–7–260C ........ 30001C through 30040C. 

Model Serial Nos. 

M–7–420A ........ 35001C. 

M–7–420AC ...... 29001C, 29003C through 

29007C. 

M–8–235 ........... 15001C through 15006C. 

MT–7–235 ........ 18001C through 18097C, 

18099C, 18100C. 

MT–7–260 ........ 27001C through 27014C. 

MT–7–420 ........ 51001C, 51002C. 

MX–7–160 ........ 19001C through 19046C. 

MX–7–160C ...... 34001C. 

MX–7–180 ........ 11001C through 11097C. 

MX–7–180A ...... 20001C through 20064C. 

MX–7–180AC ... 33001C through 33010C. 

MX–7–180B ...... 22001C through 22025C, 

22027C. 

MX–7–180C ...... 28001C through 28027C. 

MX–7–235 ........ 10001C through 10122C. 

MX–7–420 ........ 13001C through 13003C. 

MXT–7–160 ...... 17001C through 17008C. 

MXT–7–180 ...... 14000C through 14125C. 

MXT–7–180A .... 21001C through 21096C. 

Unsafe Condition 

(d) This AD results from two reports of 

accidents where reversed elevator control 

rigging was a factor. We are issuing this AD 

to reduce the likelihood of a mechanic 

rigging the elevator controls backwards, 

which could result in elevator movement in 

the opposite direction from control input. 

This failure could lead to loss of control. 

Compliance 

(e) To address this problem, you must do 

the following, unless already done: 

Actions Compliance Procedures 

(1) Using yellow enamel paint, color code the 

following: 

(i) the top of the rear elevator control horn; 

(ii) the elevator control cable end attached 

to the top of the rear control horn; 

(iii) the bottom of the forward elevator control horn; and 

(iv) the elevator control cable end attached 

to the bottom of the forward control. 

Before the next time the elevator control cable 

is disconnected for any reason or within the 

next 12 calendar months after the effective 

date of this AD, whichever occurs first. 

Follow Maule Aerospace Technology, Inc. 

Mandatory Service Bulletin No. 30, dated 

March 4, 2008. 

(2) Insert the following text into the rigging procedure section of your FAA-approved maintenance program (e.g. maintenance manual): 

‘‘CAUTION—BEFORE FLIGHT WHENEVER ELEVATOR CABLES ARE RECONNECTED OR NEW CABLES INSTALLED: Always check operation of 

elevators after a cable reconnect by pulling back on the control and ascertain 

that the elevators are in the UP position.’’

Before the next time the elevator control cable 

is disconnected for any reason or within the 

next 12 calendar months after the effective 

date of this AD, whichever occurs first. 

Follow Maule Aerospace Technology, Inc. 

Mandatory Service Bulletin No. 30, dated 

March 4, 2008. You may insert a copy of 

this AD or you may insert the text located 

on the bottom of page 3 of Maule Aerospace Technology, Inc. Mandatory Service 

Bulletin No. 30, dated March 4, 2008, into 

the FAA-approved maintenance program 

(e.g. maintenance manual). 

Alternative Methods of Compliance 

(AMOCs) 

(f) The Manager, Atlanta Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. Send information to ATTN: 

Gerald Avella, Aerospace Engineer, One 

Crown Center, 1895 Phoenix Blvd., Suite 

450, Atlanta, Georgia 30349; telephone: (770) 

703–6066; fax: (770) 703–6097; e-mail: 

gerald.avella@faa.gov. Before using any 

approved AMOC on any airplane to which 

the AMOC applies, notify your appropriate 

principal inspector (PI) in the FAA Flight 

Standards District Office (FSDO), or lacking 

a PI, your local FSDO. 

Related Information 

(g) To get copies of the service information 

referenced in this AD, contact Maule 

Aerospace Technology, Inc., 2099 Georgia 

Highway 133 South, Moultrie, Georgia 31788; 

telephone: (229) 985–2045; fax: (229) 985–

2048; Internet: http://www.mauleairinc.com. 

To view the AD docket, go to U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, or on 

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


ebenthall on PRODPC60 with PROPOSALS
Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Proposed Rules 48317 

1 Section 811 is part of Subtitle B of Title VIII 

of EISA, which has been codified at 42 U.S.C. 

17301-17305. Hereinafter, citations to EISA sections 

shall be made to the United States Code. 

2 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). 

3 Pub. L. No. 110-140, codified at 42 U.S.C. 

17001-17386. 

4 42 U.S.C. 17301. 

5 42 U.S.C. 17302. 

6 Section 813 provides that Subtitle B ‘‘shall be 

enforced by the [FTC] in the same manner, by the 

same means, and with the same jurisdiction as 

Continued 

Issued in Kansas City, Missouri, on August 

12, 2008. 

G. Wes Ryan, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–19168 Filed 8–18–08; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 317 

[Project No. P082900] 

RIN 3084-AB12 

Prohibitions On Market Manipulation 

and False Information in Subtitle B of 

Title VIII of The Energy Independence 

and Security Act of 2007 

AGENCY: Federal Trade Commission. 

ACTION: Notice of proposed rulemaking; 

request for public comment. 

SUMMARY: Pursuant to Title VIII, Subtitle 

B of the Energy Independence and 

Security Act of 2007 (‘‘EISA’’), the 

Federal Trade Commission 

(‘‘Commission’’ or ‘‘FTC’’) is proposing 

a rule to implement Section 811 of 

Subtitle B prohibiting the use or 

employment of manipulative or 

deceptive devices or contrivances in 

wholesale petroleum markets.1 The 

Commission invites written comments 

on issues raised by the proposed Rule 

and seeks answers to the specific 

questions set forth in Section II.L of this 

Notice of Proposed Rulemaking 

(‘‘NPRM’’). 

DATES: Written comments must be 

received by September 18, 2008. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Market 

Manipulation Rulemaking, P082900’’ to 

facilitate the organization of comments. 

Comments containing material for 

which confidential treatment is 

requested must be filed in paper form, 

must be clearly labeled ‘‘Confidential,’’

and must comply with Commission 

Rule 4.9(c).2 Comments 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 

and other individually identifiable 

health information. 

Because paper mail in the Washington 

area, and specifically 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: (http:// 

secure.commentworks.com/ftcmarketmanipulationNPRM/)(and 

following the instructions on the webbased form). To ensure that the 

Commission considers an electronic 

comment, you must file it on the webbased form at the weblink(http:// 

secure.commentworks.com/ftcmarketmanipulationNPRM/). If this 

NPRM 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/os/2008/08/ 

P082900nprm.pdf) to read the NPRM 

and the news release describing it. 

A comment filed in paper form 

should include the ‘‘Market 

Manipulation Rulemaking, P082900’’

reference both in the text and on the 

envelope, and should be mailed to the 

following address: Federal Trade 

Commission, Market Manipulation 

Rulemaking, P.O. Box 2846, Fairfax, VA 

22031-0846. This address does not 

accept courier or overnight deliveries. 

Courier or overnight deliveries should 

be delivered to: Federal Trade 

Commission/Office of the Secretary, 

Room H-135 (Annex G), 600 

Pennsylvania Avenue, NW, Washington, 

DC 20580. 

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: 

James Mongoven, Deputy Assistant 

Director of Policy and Coordination, 

Bureau of Competition, Federal Trade 

Commission, Market Manipulation 

Rulemaking, P.O. Box 2846, Fairfax, VA 

22031-0846, (202) 326-3772. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. The Energy Independence and 

Security Act of 2007 

EISA became law on December 19, 

2007.3 Subtitle B of Title VIII of the Act 

prohibits market manipulation in 

connection with the purchase or sale of 

crude oil, gasoline, or petroleum 

distillates at wholesale, and reporting 

false or misleading information related 

to the wholesale price of those products. 

Specifically, Section 811 prohibits ‘‘any 

person’’ from directly or indirectly: (1) 

using or employing ‘‘any manipulative 

or deceptive device or contrivance;’’ (2) 

‘‘in connection with the purchase or 

sale of crude oil gasoline or petroleum 

distillates at wholesale;’’ (3) that 

violates a rule or regulation that the FTC 

‘‘may prescribe as necessary or 

appropriate in the public interest or for 

the protection of United States 

citizens.’’4

Section 812 prohibits ‘‘any person’’

from reporting information that is 

‘‘required by law to be reported’’ — and 

that is ‘‘related to the wholesale price of 

crude oil gasoline or petroleum 

distillates’’ — to a Federal department 

or agency if the person: (1) ‘‘knew, or 

reasonably should have known, [that] 

the information [was] false or 

misleading;’’ and (2) intended such false 

or misleading information ‘‘to affect 

data compiled by the department or 

agency for statistical or analytical 

purposes with respect to the market for 

crude oil, gasoline, or petroleum 

distillates.’’5

Subtitle B also contains three 

additional sections, which address, 

respectively, enforcement of the Subtitle 

(Section 813),6 penalties for violations 


ebenthall on PRODPC60 with PROPOSALS