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FTC RIN: 3084-AB14 Publication ID: Fall 2010 
Title: Automotive Fuel Ratings, Certification, and Posting 
Abstract: First issued in 1979 as required by section 203(c)(1) of the Petroleum Marketing Practices Act and last revised in 2008, the Automotive Fuel Ratings, Certification, and Posting Rule (or the Fuel Rating Rule or Rule) sets out a uniform method by which the octane rating of automotive gasoline can be certified from the refiner through the chain of distribution and then displayed at the point of retail sale. The Rule enables consumers to buy gasoline with an octane rating that is high enough to prevent inefficient and harmful "engine knock" and to avoid buying a gasoline with an octane rating that is needlessly higher than the requirements of their automobiles. The Rule establishes standard procedures for determining, certifying and posting (by means of a label on the fuel dispenser) the octane rating of automotive gasoline intended for sale to consumers. The certification requirement may be satisfied by industry documents (shipping receipts, delivery tickets, etc.) on which the octane rating is noted, or can be accomplished with a one-time letter of certification. In addition, the Rule contains recordkeeping requirements that require gasoline refiners and importers to retain octane rating test records and gasoline distributors and retailers to retain octane certification records for 1 year. The 1993 revisions amended the Octane Posting Rule to require sellers of alternative liquid automotive fuels to determine, certify, and post an automotive fuel rating consisting of the common name of the fuel with a disclosure of the amount, expressed as a minimum percentage by volume, of the principal component of the fuel. During 2008, the Commission promulgated biodiesel labeling requirements for two categories of biomass-based diesel blends and biodiesel blends, as required by section 205 of the Energy Independence and Security Act of 2007. On March 2, 2009, the Commission requested comments on the rule as part of the Commission's systematic review of all current Commission rules and guides (74 FR 9054). The Commission sought comments on, among other things, the economic impact and benefits of this rule; possible conflict between the rule and State, local, or other Federal laws or regulations; and the effect on the rule of any technological, economic, or other industry changes. The comment period closed on May 15, 2009. On February 26, 2010, the Commission announced it was seeking public comments on proposed amendments to the Rule. The most significant proposed change would explicitly add gasoline-ethanol blends containing between 10 and 70 percent ethanol to the list of fuels that must be rated, certified, and labeled. Comments must be received by May 21, 2010. Staff anticipates the Commission will issue a final rule by the end of 2010. 
Agency: Federal Trade Commission(FTC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 16 CFR 306   
Legal Authority: 15 USC 41 et seq    15 USC 2801 et seq   
Legal Deadline:  None
Timetable:
Action Date FR Cite
ANPRM  03/02/2009  74 FR 9054   
ANPRM Comment Period End  05/15/2009    
NPRM  03/16/2010  75 FR 12470   
NPRM Comment Period End  05/21/2010    
Final Rule  12/00/2010    
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Previously reported as 3084-AA45, Previously reported as 3084-AB08 
Agency Contact:
Matthew Wilshire
Staff Attorney
Federal Trade Commission
600 Pennsylvania Avenue NW.,
Washington, DC 20580
Phone:202 326-2976
Email: mwilshire@ftc.gov