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Commission approval of Federal Register notice – The Commission has approved publication of a Federal Register notice announcing final amendments to the agency’s Fuel Rating Rule. The notice, which will be published soon and is available now on the FTC’s Web site as a link to this press release, was issued pursuant to Section 205 of the Energy Independence and Security Act of 2007 (EISA). The EISA required the Commission to develop labeling requirements for biodiesel, biomass-based diesel, and blends of those fuels (biodiesel fuels).

To meet the EISA’s mandate, the FTC first published a notice of proposed rulemaking (NPR) on March 11, 2008, requesting public comments by April 7, 2008. In the NPR, the Commission proposed amending the Fuel Rating Rule to include rating, certification, and labeling requirements for biodiesel fuels. Public comments received generally supported the Commission’s proposed amendments. Accordingly, the FTC is now issuing a final amended rule that incorporates the EISA’s labeling requirements.

Under the final amendments, the rating and certification requirements of the existing rule apply to fuels containing more than five percent biodiesel or more than five percent biomass-based diesel. The notice provides background on the Rule, describes biodiesel and biomass-based diesel fuels, gives information about the statutory labeling requirements, discusses the comments submitted in response to the NPR, and provides a detailed description of the final amendments. The amendments will become effective on December 16, 2008.

The Commission vote approving the Federal Register notice was 4-0. (FTC File No. R811005; the staff contacts are Matthew Wilshire, Bureau of Consumer Protection, 202-326-2976 and Hampton Newsome, Bureau of Consumer Protection, 202-326-2889; see press release dated March 4, 2008.)

Copies of the documents mentioned in this release are available from the FTC’s Web site at http://www.ftc.gov and from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Call toll-free: 1-877-FTC-HELP.

(FYI 30.2008.wpd)