Labeling Fuels-2

16 CFR Part 306 -- Automotive Fuel Ratings, Certification, and Posting GENERAL

306.0 Definitions.

As used in this Part:

(a) Octane rating means the rating of the anti-knock characteristics of a grade or type of gasoline as determined by dividing by 2 the sum of the research octane number plus the motor octane number.

(b) Research octane number and motor octane number have the meanings given such terms in the specifications of the American Society for Testing and Materials ('ASTM') entitled 'Standard Specification for Automotive Spark-Ignition Engine Fuel' designated D4814-92c and, with respect to any grade or type of gasoline, are determined in accordance with test methods set forth in ASTM D2699-92, 'Standard Test Method for Knock Characteristics of Motor Fuels by the Research Method' and ASTM D2700-92, 'Standard Test Method for Knock Characteristics of Motor and Aviation Fuels by the Motor Method.' These incorporations by reference were approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies of ASTM D4814-92c, ASTM D2699-92, and ASTM D2700-92 may be obtained from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA, 19103, or may be inspected at the Federal Trade Commission, Public Reference Room, Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C., or at the Office of the Federal Register, 800 North Capitol Street, N.W., suite 700, Washington, D.C.

(c) Refiner means any person engaged in the production or importation of automotive fuel.

(d) Producer means any person who purchases component elements andcombines them to produce and market automotive fuel.

(e) Distributor means any person who receives automotive fuel and distributes such automotive fuel to another person other than the ultimate purchaser.

(f) Retailer means any person who markets automotive fuel to the general public for ultimate consumption.

(g) Ultimate purchaser means, with respect to any item, the first person who purchases such item for purposes other than resale.

(h) Person, for purposes of applying any provision of the Federal Trade Commission Act, 15 U.S.C. 41 et seq., with respect to any provision of this Part, includes a partnership and a corporation.

(i) Automotive fuel means liquid fuel of a type distributed for use as a fuel in any motor vehicle, and the term includes, but is not limited to:
(1) gasoline, an automotive spark-ignition engine fuel, which includes, but is not limited to, gasohol (generally a mixture of approximately 90% unleaded gasoline and 10% denatured ethanol) and fuels developed to comply with the Clean Air Act, 42 U.S.C. 7401 et seq., such as reformulated gasoline and oxygenated gasoline; and
(2) alternative liquid automotive fuels, including, but not limited to:
(i) methanol, denatured ethanol, and other alcohols;
(ii) mixtures containing 85 percent or more by volume of methanol, denatured ethanol, and/or other alcohols (or such other percentage, but not less than 70 percent, as determined by the Secretary of the United States Department of Energy, by rule, to provide for requirements relating to cold start, safety, or vehicle functions), with gasoline or other fuels;
(iii) liquefied natural gas;
(iv) liquefied petroleum gas;
(v) coal-derived liquid fuels.

(j) Automotive fuel rating means:
(1) for gasoline, the octane rating; or
(2) for an alternative liquid automotive fuel, the commonly used name of the fuel with a disclosure of the amount, expressed as a minimum percentage by volume, of the principal component of the fuel. A disclosure of other components, expressed as a minimum percentage by volume, may be included, if desired.

306.1 What this rule does.

This rule deals with the certification and posting of automotive fuel ratings in or affecting commerce as 'commerce' is defined in the Federal Trade Commission Act, 15 U.S.C. 41 et seq. It applies to persons, partnerships, and corporations. If you are covered by this regulation, breaking any of its rules is an unfair or deceptive act or practice under section 5 of that Act. You can be fined up to ten thousand dollars each time you break a rule.

306.2 Who is covered.

You are covered by this rule if you are a refiner, importer, producer, distributor, or retailer of automotive fuel.

306.3 Stayed or invalid parts.

If any part of this rule is stayed or held invalid, the rest of it will stay in force.

306.4 Preemption.

The Petroleum Marketing Practices Act ('PMPA'), 15 U.S.C. 2801 et seq., as amended, is the law that directs the FTC to enact this rule. Section 204 of PMPA, 15 U.S.C. 2824, provides:

(a) To the extent that any provision of this title applies to any act or omission, no State or any political subdivision thereof may adopt or continue in effect, except as provided in subsection (b) any provision of law or regulation with respect to such act or omission, unless such provision of such law or regulation is the same as the applicable provision of this title.

(b) A State or political subdivision thereof may provide for any investigative or enforcement action, remedy, or penalty (including procedural actions necessary to carry out such investigative or enforcement actions, remedies, or penalties) with respect to any provision of law or regulation permitted by subsection (a).

DUTIES OF REFINERS, IMPORTERS, AND PRODUCERS

306.5 Automotive fuel rating.

If you are a refiner, importer, or producer, you must determine the automotive fuel rating of all automotive fuel before you transfer it. You can do that yourself or through a testing lab.

(a) To determine the automotive fuel rating of gasoline, add the research octane number and the motor octane number and divide by two,as explained by the American Society for Testing and Materials ('ASTM') in ASTM D4814-92c, entitled 'Standard Specifications for Automotive Spark-Ignition Engine Fuel.' To determine the research octane number, use ASTM standard test method D2699-92, and to determine the motor octane number, use ASTM standard test method D2700-92.

(b) To determine automotive fuel ratings for alternative liquid automotive fuels, you must possess a reasonable basis, consisting of competent and reliable evidence, for the percentage by volume of the principal component of the alternative liquid automotive fuel that you must disclose. You also must have a reasonable basis, consisting of competent and reliable evidence, for the minimum percentages by volume of other components that you choose to disclose.

306.6 Certification.

In each transfer you make to anyone who is not a consumer, you must certify the automotive fuel rating of the automotive fuel consistent with your determination. You can do this in either of two ways:

(a) Include a delivery ticket or other paper with each transfer of automotive fuel. It may be an invoice, bill of lading, bill of sale, terminal ticket, delivery ticket, or any other written proof of transfer. It must contain at least these four items:
(1) Your name;
(2) The name of the person to whom the automotive fuel is transferred;
(3) The date of the transfer;
(4) The automotive fuel rating. Octane rating numbers may be rounded off to a whole or half number equal to or less than the number determined by you.

(b) Give the person a letter or other written statement. This letter must include the date, your name, the other person's name, and the automotive fuel rating of any automotive fuel you will transfer to that person from the date of the letter onwards. Octane rating numbers may be rounded to a whole or half number equal to or less than the number determined by you. This letter of certification will be good until you transfer automotive fuel with a lower automotive fuel rating. When this happens, you must certify the automotive fuel rating of the new automotive fuel either with a delivery ticket or by sending a new letter of certification.

(c) When you transfer automotive fuel to a common carrier, you must certify the automotive fuel rating of the automotive fuel to the common carrier, either by letter or on the delivery ticket or other paper.

306.7 Recordkeeping.

You must keep records of how you determined automotive fuel ratings for one year. They must be available for inspection by Federal Trade Commission and Environmental Protection Agency staff members, or by people authorized by FTC or EPA.

DUTIES OF DISTRIBUTORS

306.8 Certification.

If you are a distributor, you must certify the automotive fuel rating of the automotive fuel in each transfer you make to anyone who is not a consumer.

(a) In the case of gasoline, if you do not blend the gasoline with other gasoline, you must certify the gasoline's octane rating consistent with the octane rating certified to you. If you blend the gasoline with other gasoline, you must certify consistent with your determination of the average, weighted by volume, of the octane ratings certified to you for each gasoline in the blend, or consistent with the lowest octane rating certified to you for any gasoline in the blend. Whether you blend gasoline or not, you may choose to certify the octane rating of the gasoline consistent with your determination of the octane rating according to the method in 306.5. In cases involving gasoline, the octane rating may be rounded to a whole or half number equal to or less than the number certified to you or determined by you.

(b) If you do not blend alternative liquid automotive fuels, you must certify consistent with the automotive fuel rating certified to you. If you blend alternative liquid automotive fuels, you must possess a reasonable basis, consisting of competent and reliable evidence, for the automotive fuel rating that you certify for the blend.

(c) You may certify either by using a delivery ticket with each transfer of automotive fuel, as outlined in 306.6(a), or by using a letter of certification, as outlined in 306.6(b).

(d) When you transfer automotive fuel to a common carrier, you must certify the automotive fuel rating of the automotive fuel to the common carrier, either by letter or on the delivery ticket or other paper. When you receive automotive fuel from a common carrier, you also must receive from the common carrier a certification of the automotive fuel rating of the automotive fuel, either by letter or on the delivery ticket or other paper.

306.9 Recordkeeping.

You must keep for one year any delivery tickets or letters of certification on which you based your automotive fuel rating certifications. You must also keep for one year records of any automotive fuel rating determinations you made according to 306.5. They must be available for inspection by Federal Trade Commission and Environmental Protection Agency staff members, or by persons authorized by FTC or EPA.

DUTIES OF RETAILERS

306.10 Automotive fuel rating posting.

(a) If you are a retailer, you must post the automotive fuel rating of all automotive fuel you sell to consumers. You must do this by putting at least one label on each face of each dispenser through which you sell automotive fuel. If you are selling two or more kinds of automotive fuel with different automotive fuel ratings from a single dispenser, you must put separate labels for each kind of automotive fuel on each face of the dispenser.

(b)(1) The label, or labels, must be placed conspicuously on the dispenser so as to be in full view of consumers and as near as reasonably practical to the price per unit of the automotive fuel.
(2) You may petition for an exemption from the placement requirements by writing the Secretary of the Federal Trade Commission, Washington, DC 20580. You must state the reasons that you want the exemption.

(c) In the case of gasoline, if you do not blend the gasoline with other gasoline, you must post the octane rating of the gasoline consistent with the octane rating certified to you. If you blend the gasoline with other gasoline, you must post consistent with your determination of the average, weighted by volume, of the octane ratings certified to you for each gasoline in the blend, or consistent with the lowest octane rating certified to you for any gasoline in the blend. Whether you blend gasoline or not, you may choose to post the octane rating of the gasoline consistent with your determination of the octane rating according to the method in 306.5. In cases involving gasoline, the octane rating must be shown as a whole or half number equal to or less than the number certified to you or determined by you.

(d) If you do not blend alternative liquid automotive fuels, you must post consistent with the automotive fuel rating certified to you. If you blend alternative liquid automotive fuels, you must possess a reasonable basis, consisting of competent and reliable evidence, for the automotive fuel rating that you post for the blend.

(e)(1) You must maintain and replace labels as needed to make sure consumers can easily see and read them.
(2) If the labels you have are destroyed or are unusable or unreadable for some unexpected reason, you can satisfy the law by posting a temporary label as much like the required label as possible. You must still get and post the required label without delay.

(f) The following examples of automotive fuel rating disclosures for some presently available alternative liquid automotive fuels are meant to serve as illustrations of compliance with this Part, but do not limit the Rule's coverage to only the mentioned fuels:
1. 'Methanol / Minimum ___% Methanol'
2. 'Ethanol / Minimum ___% Ethanol'
3. 'M-85 / Minimum ___% Methanol'
4. 'E-85 / Minimum ___% Ethanol'
5. 'LPG / Minimum ___% Propane' or 'LPG / Minimum ___%
Propane and ___% Butane'
6. 'LNG / Minimum ___% Methane'

(g) When you receive automotive fuel from a common carrier, you also must receive from the common carrier a certification of the automotive fuel rating of the automotive fuel, either by letter or on the delivery ticket or other paper.

306.11 Recordkeeping.

You must keep for one year any delivery tickets or letters of certification on which you based your posting of automotive fuel ratings. You also must keep for one year records of any automotive fuel rating determinations you made according to 306.5. These records may be kept at the retail outlet or at another, reasonably close location. They must be available for inspection by Federal Trade Commission and Environmental Protection Agency staff members or by persons authorized by FTC or EPA.

LABEL SPECIFICATIONS

306.12 Labels.

All labels must meet the following specifications:

(a) Layout.
(1) For gasoline labels.

The label is 3'' (7.62 cm) wide x 2-1/2'' (6.35 cm) long. The illustrations appearing at the end of this rule are prototype labels that demonstrate the proper layout. 'Helvetica Black' type is used throughout except for the octane rating number on octane labels, which is in Franklin gothic type. All type is centered. Spacing of the label is 1/4'' (.64 cm) between the top border and the first line of text, 1/8'' (.32 cm) between the first and second line of text, 1/4'' (.64 cm) between the octane rating and the line of text above it. All text and numerals are centered within the interior borders.

(2) For alternative liquid automotive fuel labels (one principal component).

The label is 3'' (7.62 cm) wide x 2-1/2'' (6.35 cm) long. 'Helvetica black' type is used throughout. All type is centered. The band at the top of the label contains the name of the fuel. This band should measure 1'' (2.54 cm) deep. Spacing of the fuel name is 1/4'' (.64 cm) from the top of the label and 3/16'' (.48 cm) from the bottom of the black band, centered horizontally within the black band. The first line of type beneath the black band is 1/8'' (.32 cm) from the bottom of the black band. All type below the black band is centered horizontally, with 1/8'' (.32 cm) between each line. The bottom line of type is 3/16'' (.48 cm) from the bottom of the label. All type should fall no closer than 3/16'' (.48 cm) from the side edges of the label. If you wish to change the dimensions of this single component label to accommodate a fuel descriptor that is longer than shown in the sample labels, you must petition the Federal Trade Commission. You can do this by writing to the Secretary of the Federal Trade Commission, Washington, DC 20580. You must state the size and contents of the label that you wish to use, and the reasons that you want to use it.

(3) For alternative liquid automotive fuel labels (two components).

The label is 3'' (7.62 cm) wide x 2-1/2'' (6.35 cm) long. 'Helvetica black' type is used throughout. All type is centered. The band at the top of the label contains the name of the fuel. This band should measure 1'' (2.54 cm) deep. Spacing of the fuel name is 1/4'' (.64 cm) from the top of the label and 3/16'' (.48 cm) from the bottom of the black band, centered horizontally within the black band. The first line of type beneath the black band is 3/16'' (.48 cm) from the bottom of the black band. All type below the black band is centered horizontally, with 1/8'' (.32 cm) between each line. The bottom line of type is 1/4'' (.64 cm) from the bottom of the label. All type should fall no closer than 3/16'' (.48 cm) from the side edges of the label. If you wish to change the dimensions of this two component label to accommodate additional fuel components, you must petition the Federal Trade Commission. You can do this by writing to the Secretary of the Federal Trade Commission, Washington, DC 20580. You must state the size and contents of the label that you wish to use, and the reasons that you want to use it.

(b) Type size and setting.
(1) For gasoline labels.
The Helvetica series is used for all numbers and letters with the exception of the octane rating number. Helvetica is available in a variety of phototype setting systems, by linotype, and in a variety of computer desk-top and phototype setting systems. Its name may vary, but the type must conform in style and thickness to the sample provided here. The line 'MINIMUM OCTANE RATING' is set in 12 point Helvetica Bold, all capitals, with letterspace set at 12-1/2 points. The line '(R+M)/2 METHOD' is set in 10 point Helvetica Bold, all capitals, with letterspace set at 10-1/2 points. The octane number is set in 96 point Franklin gothic condensed with 1/8'' (.32 cm) space between the numbers.
(2) For alternative liquid automotive fuel labels (one principal component).
All type should be set in upper case (all caps) 'Helvetica Black' throughout. Helvetica Black is available in a variety of computer desk-top and phototype setting systems. Its name may vary, but the type must conform in style and thickness to the sample provided here. The spacing between letters and words should be set as 'normal.' The type for the fuel name is 50 point [1/2''(1.27 cm) cap height] 'Helvetica Black,' knocked out of a 1' (2.54 cm) deep band. The type for the words 'MINIMUM' and the principal component is 24 pt. [1/4'' (.64 cm) cap height.] The type for percentage is 36 pt. [3/8'' (.96 cm) cap height].
(3) For alternative liquid automotive fuel labels (two components).
All type should be set in upper case (all caps) 'Helvetica Black'
throughout. Helvetica Black is available in a variety of computer desk-top and phototype setting systems. Its name may vary, but the type must conform in style and thickness to the sample provided here. The spacing between letters and words should be set as 'normal.' The type for the fuel name is 50 point [1/2'' (1.27 cm) cap height] 'Helvetica Black,' knocked out of a 1'' (2.54 cm) deep band. All other type is 24 pt. [1/4'' (.64 cm) cap height.]

(c) Colors.
(1) For gasoline labels.
The basic color on all octane labels is process yellow. All type is process black. All borders are process black. All colors must be non-fade.
(2) For alternative liquid automotive fuel labels
The background color on all the labels is Orange: PMS 1495. The knock-out type within the black band is orange PMS 1495. All other type is process black. All borders are process black. All colors must be non-fade.

(d) Contents.
Examples of the contents are shown in the sample labels. The proper octane rating for each gasoline must be shown. The proper automotive fuel rating for each alternative liquid automotive fuel must be shown. No marks or information other than that called for by this rule may appear on the labels.

(e) Special label protection.
All labels must be capable of withstanding extremes of weather conditions for a period of at least one year. They must be resistant to automotive fuel, oil, grease, solvents, detergents, and water.

(f) Illustrations of labels.
Labels should meet the specifications in this section, and should look like the examples on pages 9-10, except the black print should be on the appropriately colored background.