FTC begins efforts to repeal its Used Oil Rule as unnecessary and duplicative; seeks public comments until August 26

The Federal Trade Commission has begun efforts to repeal its Used Oil Rule as unnecessary and duplicative, and is seeking comments from the public on the proposed repeal for 30 days, until August 26.

The Used Oil Rule’s labeling and advertising requirements for engine oils have been preempted by the FTC’s newer Recycled Oil Rule, which the agency promulgated in 1995 as required by the Energy Policy and Conservation Act. EPCA includes a section intended to promote the use of recycled oil. (See Oct. 27, 1995 news release.) Other provisions of the Recycled Oil Rule have been stayed by statute or FTC action, and are no longer serving any useful purpose.

The FTC tentatively proposed to repeal the Used Oil Rule on this basis on April 8, when it published an advance notice of proposed rulemaking in the Federal Register and sought public comments. Only one comment was received, and it was from a re-refiner of used oil which favored repeal. Therefore, the Commission now is taking the next step in the rule repeal process, which is to publish a notice of proposed rulemaking to repeal the rule, and that notice appears in today’s Federal Register.

Comments on the proposed repeal should be identified as “16 CFR Part 406 Comment- Used Oil Rule,” and addressed to the Office of the Secretary, Federal Trade Commission, Room H-159, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580. If any parties wish to testify, they should specify that request and the Commission can hold hearings.

The Commission vote to publish the Federal Register notice was 5-0.

Copies of the Federal Register notice and other documents referenced above are available from the FTC’s Public Reference Branch, Room 130, 6th Street and Pennsylvania Avenue, N.W., Washington, D.C. 20580; 202-326-2222; TTY for the hearing impaired 202- 326-2502. To find out the latest news as it is announced, call the FTC NewsPhone recording at 202-326-2710. FTC news releases and other materials also are available on the Internet at the FTC’s World Wide Web site at: http://www.ftc.gov