PART 306—AUTOMOTIVE FUEL RATINGS, CERTIFICATION AND POSTING Authority: 15 U.S.C. 2801 et seq.; Source: 44 FR 19169, Mar. 30, 1979, unless otherwise noted. General § 306.0 Definitions. As used in this part: (a) Octane rating (b) Research octane number and motor octane number. (1) ASTM D2699-15a, Standard Test Method for Research Octane Number of Spark-Ignition Engine Fuel, and ASTM D2700-14, Standard Test Method for Motor Octane Number of Spark-Ignition Engine Fuel, (both incorporated by reference, see § 306.13) or (2) ASTM D2885-13, Standard Test Method for Determination of Octane Number of Spark-Ignition Engine Fuels by On-Line Direct Comparison Technique, (incorporated by reference, see § 306.13). (c) Refiner (d) Producer (e) Distributor (f) Retailer (g) Ultimate purchaser (h) Person, et seq., (i) Automotive fuel (1) Gasoline, an automotive spark-ignition engine fuel, which includes, but is not limited to, gasohol (generally a mixture of approximately 90 percent unleaded gasoline and 10 percent ethanol) and fuels developed to comply with the Clean Air Act, 42 U.S.C. 7401 et seq., (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 and/or other alcohols (or such other percentage, as provided by the Secretary of the United States Department of Energy, by rule), with gasoline or other fuels; (iii) Ethanol flex fuels; (iv) Liquefied natural gas; (v) Liquefied petroleum gas; (vi) Coal-derived liquid fuels; (vii) Biodiesel; (viii) Biomass-based diesel; (ix) Biodiesel blends containing more than 5 percent biodiesel by volume; and (x) Biomass-based diesel blends containing more than 5 percent biomass-based diesel by volume. (3) Biodiesel blends and biomass-based diesel blends that contain less than or equal to 5 percent biodiesel by volume and less than or equal to 5 percent biomass-based diesel by volume, and that meet ASTM D975-07b, Standard Specification for Diesel Fuel Oils (incorporated by reference, see § 306.13), are not automotive fuels covered by the requirements of this part. Note to paragraph ( i Provided, however, that biodiesel blends and biomass-based diesel blends that contain less than or equal to 5 percent biodiesel by volume and less than or equal to 5 percent biomass-based diesel by volume, and that meet ASTM D975-09b, Standard Specification for Diesel Fuel Oils (incorporated by reference, see § 306.13), are not automotive fuels covered by the requirements of this part. (j) Automotive fuel rating (1) For gasoline, the octane rating. (2) For an alternative liquid automotive fuel other than biodiesel, biomass-based diesel, biodiesel blends, biomass-based diesel blends, and ethanol flex fuels, the commonly used name of the fuel with a disclosure of the amount, expressed as the minimum percentage by volume, of the principal component of the fuel. A disclosure of other components, expressed as the minimum percentage by volume, may be included, if desired. (3) For biomass-based diesel, biodiesel, biomass-based diesel blends with more than 5 percent biomass-based diesel, and biodiesel blends with more than 5 percent biodiesel, a disclosure of the biomass-based diesel or biodiesel component, expressed as the percentage by volume. (4) For ethanol flex fuels, a disclosure of the ethanol component, expressed as the percentage by volume and the text “Use Only in Flex-Fuel Vehicles/May Harm Other Engines.” (k) Biomass-based diesel (l) Biodiesel means the monoalkyl esters of long chain fatty acids derived from plant or animal matter that meet: The registration requirements for fuels and fuel additives under 40 CFR part 79; and the requirements of ASTM D6751-10, Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels, (incorporated by reference, see § 306.13). (m) Biodiesel blend (n) Biomass-based diesel blend (o) Ethanol flex fuels [58 FR 41372, Aug. 3, 1993, as amended at 69 FR 18803, Apr. 9, 2004; 73 FR 40162, July 11, 2008; 76 FR 19690, Apr. 8, 2011; 81 FR 2062, Jan. 14, 2016] § 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. [58 FR 41373, Aug. 3, 1993, as amended at 61 FR 54549, Oct. 21, 1996; 61 FR 55840, Oct. 29, 1996] § 306.2 Who is covered. You are covered by this rule if you are a refiner, importer, producer, distributor, or retailer of automotive fuel. [58 FR 41373, Aug. 3, 1993] § 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. [44 FR 19169, Mar. 30, 1979. Redesignated at 58 FR 41372, Aug. 3, 1993] § 306.4 Preemption. The Petroleum Marketing Practices Act (“PMPA”), 15 U.S.C. 2801 et seq., (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). [58 FR 41373, Aug. 3, 1993] 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 ASTM D4814-15a, Standard Specifications for Automotive Spark-Ignition Engine Fuel, (incorporated by reference, see § 306.13). To determine the research octane and motor octane numbers, you may do one of the following: (1) Use ASTM D2699-15a, Standard Test Method for Research Octane Number of Spark-Ignition Engine Fuel (incorporated by reference, see § 306.13), to determine the research octane number, and ASTM D2700-14, Standard Test Method for Motor Octane Number of Spark-Ignition Engine Fuel (incorporated by reference, see § 306.13), to determine the motor octane number; or (2) Use the test method set forth in ASTM D2885-13, Standard Test Method for Determination of Octane Number of Spark-Ignition Engine Fuels by On-Line Direct Comparison Technique (incorporated by reference, see § 306.13). (b) To determine automotive fuel ratings for alternative liquid automotive fuels other than ethanol flex fuels, biodiesel blends, and biomass-based diesel blends, 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. In the case of biodiesel blends, you must possess a reasonable basis, consisting of competent and reliable evidence, for the percentage of biodiesel contained in the fuel. In the case of biomass-based diesel blends, you must possess a reasonable basis, consisting of competent and reliable evidence, for the percentage of biomass-based diesel contained in the fuel. In the case of ethanol flex fuels, you must possess a reasonable basis, consisting of competent and reliable evidence, for the percentage of ethanol contained in the fuel. 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. [81 FR 2063, Jan. 14, 2016] § 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, except that a letter certifying the fuel rating of biomass-based diesel, biodiesel, a biomass-based diesel blend, a biodiesel blend, or an ethanol flex fuel will be good only until you transfer those fuels with a different automotive fuel rating, whether the rating is higher or lower. 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. [58 FR 41373, Aug. 3, 1993, as amended at 59 FR 48798, Sept. 23, 1994; 73 FR 40163, July 11, 2008; 76 FR 19691, Apr. 8, 2011; 81 FR 2063, Jan. 14, 2016] § 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. [58 FR 41374, Aug. 3, 1993] 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. [58 FR 41374, Aug. 3, 1993, as amended at 59 FR 48798, Sept. 23, 1994] § 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. [58 FR 41374, Aug. 3, 1993] 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. Provided, however, that you do not need to post the automotive fuel rating of a mixture of gasoline and ethanol containing more than 10 but not more than 15 percent ethanol if the face of the dispenser is labeled in accordance with 40 CFR 1090.1510. (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. You must state the reasons that you want the exemption. Petitions for exemptions will be handled pursuant to the procedures prescribed in § 1.31 of this chapter. (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/Use Only in Flex-Fuel Vehicles/May Harm Other engines” (3) “M85/Minimum ____% Methanol” (4) “LPG/Minimum ____% Propane” or “LPG/Minimum ____% Propane and ____% Butane” (5) “LNG/Minimum ____% Methane” (6) “B20 Biodiesel Blend/contains biomass-based diesel or biodiesel in quantities between 5 percent and 20 percent” (7) “20% Biomass-Based Diesel Blend/contains biomass-based diesel or biodiesel in quantities between 5 percent and 20 percent” (8) “B100 Biodiesel/contains 100 percent biodiesel” (9) “100% Biomass-Based Diesel/contains 100 percent biomass-based diesel” (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. [58 FR 41374, Aug. 3, 1993, as amended at 59 FR 48798, Sept. 23, 1994; 73 FR 40163, July 11, 2008; 81 FR 2063, Jan. 14, 2016; 86 FR 59853, Oct. 29, 2021; 86 FR 69583, Dec. 8, 2021] § 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. [58 FR 41374, Aug. 3, 1993] Label Specifications § 306.12 Labels. All labels must meet the following specifications: (a) Layout For gasoline labels. 1/2 1/4 1/8 1/4 (2) For alternative liquid automotive fuel labels (one principal component), other than biodiesel, biomass-based diesel, biodiesel blends, or biomass-based diesel blends. 1/2 1/4 3/16 1/8 1/8 3/16 3/16 (3) For alternative liquid automotive fuel labels (two components). 1/2 1/4 3/16 3/16 1/8 1/4 3/16 (4) For ethanol flex fuels. 1/2 (A) For all ethanol flex (B) For ethanol flex fuels containing more than 10 percent and no greater than 50 percent ethanol by volume. (C) For ethanol flex fuels containing more than 50 percent and no greater than 83 percent ethanol by volume. (ii) The band should measure 1 inch (2.54 cm) deep. The type in the band is centered both horizontally and vertically. The percentage disclosure and the word “ETHANOL” are in 24 point font. In the case of labels including the phrase, “51%-83% ETHANOL,” the percentage disclosure is in 18 point font, and the word “ETHANOL” is in 24 point font and at least 1/8 ONLY ONLY, ONLY 1/8 1/8 (5) For biodiesel blends containing more than 5 percent and no greater than 20 percent biodiesel by volume. 1/2 (A) The capital letter “B” followed immediately by the numerical value representing the volume percentage of biodiesel in the fuel (e.g., “B20”) and then by the term “Biodiesel Blend”; or (B) The term “Biodiesel Blend.” (ii) The band should measure 1 inch (2.54 cm) deep. Spacing of the text in the band is 1/4 3/16 1/8 1/4 3/16 (6) For biomass-based diesel blends containing more than 5 percent and no greater than 20 percent biomass-based diesel by volume. 1/2 (A) The numerical value representing the volume percentage of biomass-based diesel in the fuel followed immediately by the percentage symbol ( e.g., (B) The term “Biomass-Based Diesel Blend.” (ii) The band should measure 1 inch (2.54 cm) deep. Spacing of the text in the band is 1/4 3/16 1/8 1/4 3/16 (7) For biodiesel blends containing more than 20 percent biodiesel by volume. (8) For biomass-based diesel blends containing more than 20 percent biomass-based diesel by volume. (9) For 100% biodiesel. (10) For 100% biomass-based diesel. (b) Type size and setting For gasoline labels. 1/2 1/2 1/8 (2) For alternative liquid automotive fuel labels (one principal component). 1/2 1/4 3/8 (3) For alternative liquid automotive fuel labels (two components). 1/2 1/4 (c) Colors For gasoline labels. (2) For alternative liquid automotive fuel labels other than biodiesel and biodiesel blends. (3) For biodiesel and biodiesel blends. (d) Contents. (e) Special label protection. (f) Illustrations of labels. [58 FR 41375, Aug. 3, 1993, as amended at 73 FR 40163, July 11, 2008; 76 FR 19691, Apr. 8, 2011; 81 FR 2063, Jan. 14, 2016; 86 FR 59853, Oct. 29, 2021] § 306.13 Incorporation by reference. (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. You may inspect all approved material at the FTC Library, (202) 326-2395, Federal Trade Commission, Room H-630, 600 Pennsylvania Avenue NW., Washington, DC 20580, and at the National Archives and Records Administration (“NARA”). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. (b) ASTM International (ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428 telephone: 1-877-909-2786; Internet address: http://www.astm.org. (1) ASTM D975-07b, Standard Specification for Diesel Fuel Oils, published July 2007; IBR approved for § 306.0(i). (2) ASTM D975-09b, Standard Specification for Diesel Fuel Oils, published August 2009; IBR approved for § 306.0(i). (3) ASTM D2699-15a, Standard Test Method for Research Octane Number of Spark-Ignition Engine Fuel, published November 2015; IBR approved for §§ 306.0(b) and 306.5(a). (4) ASTM D2700-14, Standard Test Method for Motor Octane Number of Spark-Ignition Engine Fuel, published November 2014; IBR approved for §§ 306.0(b) and 306.5(a). (5) ASTM D2885-13, Standard Test Method for Determination of Octane Number of Spark-Ignition Engine Fuels by On-Line Direct Comparison Technique, published July 2013; IBR approved for §§ 306.0(b) and 306.5(a). (6) ASTM D4814-15a, Standard Specification for Automotive Spark-Ignition Engine Fuel, published August 2015; IBR approved for §§ 306.0(b) and 306.5(a). (7) ASTM D6751-10, Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels, published October 2010; IBR approved for § 306.0(l). [81 FR 2064, Jan. 14, 2016] Appendix A to Part 306—Summary of Labeling Requirements for Biodiesel Fuels (Part 1 of 2) Fuel type Blends of 5 percent or less Blends of more than 5 but not more than 20 percent Header Text Color Biodiesel No label required Either “B-XX Biodiesel Blend” or “Biodiesel Blend” contains biomass-based diesel or biodiesel in quantities between 5 percent and 20 percent Blue Biomass-Based Diesel No label required Either “XX% Biomass-Based Diesel Blend” or “Biomass-Based Diesel Blend” contains biomass-based diesel or biodiesel in quantities between 5 percent and 20 percent Orange (Part 2 of 2) Fuel type Blends of more than 20 percent Pure (100%) Biodiesel or Biomass-Based diesel Header Text Color Header Text Color Biodiesel B-XX Biodiesel Blend contains more than 20 percent biomass-based diesel or biodiesel Blue B-100 Biodiesel contains 100 percent biodiesel Blue Biomass-Based Diesel XX% Biomass-Based Diesel Blend contains more than 20 percent biomass-based diesel or biodiesel Orange 100% Biomass-Based Diesel contains 100 percent biomass-based diesel Orange [73 FR 40164, July 11, 2008]