[Federal Register Volume 60, Number 221 (Thursday, November 16, 1995)]
[Notices]
[Pages 57584-57585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28340]



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FEDERAL TRADE COMMISSION


Automotive Fuel Ratings, Certification and Posting

AGENCY: Federal Trade Commission.

ACTION: Grant of partial exemption from the Commission's Fuel Rating 
Rule.

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SUMMARY: The Commission has granted the petition of Gilbarco, Inc. 
(``Gilbarco''), a manufacturer of gasoline dispensers, on behalf of 
several major oil companies, requesting permission to post octane 
ratings by use of octane labels that differ from certain of the 
specifications contained in the Commission's Automotive Fuel Ratings, 
Certification and Posting Rule (``the Rule''). Pursuant to Rule 1.26 of 
the Commission's Rules of Practice, the Commission grants, for good 
cause, the requested relief without a notice and comment period because 
the Commission finds that such a procedure is unnecessary to protect 
the public interest in this case. The Commission previously has granted 
similar requests without notice and comment procedures.\1\

    \1\ See Octane Rule exemptions granted to Gilbarco, 53 FR 29277 
(1988); to Exxon Corporation, 54 FR 14072 (1989); and to Dresser 
Industries, Inc., 56 FR 26821 (1991).

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EFFECTIVE DATE: November 16, 1995.

FOR FURTHER INFORMATION CONTACT: Thomas D. Massie, Attorney, Division 
of Enforcement, Federal Trade Commission, Washington, DC 20580, (202) 
326-2982.

SUPPLEMENTARY INFORMATION: On March 30, 1979, the Commission published 
the Octane Posting and Certification Rule in the Federal Register. 44 
FR 19160 (1979). The Rule established 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. 
Pursuant to section 15.01 of the Energy Policy Act of 1992, 106 Stat. 
2776, the Rule has been amended to include requirements for disclosing 
the automotive fuel rating of liquid alternative fuels, 58 FR 41372 
(1993). The amended Rule became effective October 25, 1993.
    Section 306.10 of the Rule provides that retailers must post at 
least one octane rating label on each face of each gasoline dispenser. 
Retailers who sell two or more kinds of gasoline with different octane 
ratings from a single dispenser must post separate octane rating labels 
for each kind of gasoline one each face of the dispenser. 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 gallon 
of gasoline.
    Section 306.12 of the Rule detail specifications for the labels. 
Labels must be 3 inches wide by 2\1/2\ inches long, and Helvetica type 
must be used for all text except the octane rating number, which must 
be in Franklin Gothic type. Type size for the text and numbers is 
specified, and the type and border must be process black on a process 
yellow background. The line ``MINIMUM OCTANE RATING'' must be in 12 
point Helvetica bold, all capitals, with letter space set at 12\1/2\ 
points. The line ``(R+M)/2 METHOD'' must be in 10 point Helvetica bold, 
all capitals, with letter space set at 10\1/2\ points. The octane 
number must be in 96 point Franklin Gothic Condensed, with \1/8\ inch 
spacing between the numbers. Section 306.12(d) of the Rule further 
states that no marks or information other than that called for by the 
Rule may appear on the label.
    On August 3, 1988, the Commission granted Gilbarco a partial 
exemption to the Rule with respect to the same multi-blend gasoline 
dispensers that are the subject of this partial exemption. 53 FR 29277 
(1988). There the Commission allowed Gilbarco to use an octane label 
that was 3 inches wide and 2.3 inches long that would be inserted 
inside plastic gasoline selection switches. The Commission also allowed 
Gilbarco to place the world ``PRESS'', in 16 point Helvetica type, 
beneath the octane number on the label.
    Gilbarco's experience with the plastic gasoline selection switches 
has shown that the plastics which is prone to cracking or hazing over 
after prolonged exposure to gasoline vapors, reducing the clarity of 
the octane label. Gilbarco 

[[Page 57585]]
hypothesizes that consumers are using the metal nozzle tip of the 
dispenser hose to depress the selection switch and the repeated impact 
of the metal nozzle tip damages the protective coating on the switch. 
As a solution to this problem, Gilbarco has developed a metal 
replacement switch. The metal replacement switch has the same external 
dimensions as the plastic switch and avoids the need for special sheet 
metal replacement panels, new graphics, and changes to the internal 
mechanisms of the dispensers.
    Although the external dimensions of the metal and plastic switches 
are the same, the design of the metal will require a slightly smaller 
octane label than that authorized for the plastic switch. The new label 
will sit in a depression or well on the face of the switch. Gilbarco 
proposes using an octane label that is 2.74 inches wide by 1.80 inches 
long, as opposed to the 3.00 inches wide by 2.30 inches long that is 
currently authorized. The type size of the octane number will be 
slightly smaller than the Rule requires.
    The Commission has reviewed mock-ups of the metal replacement and 
the plastic switches and the proposed octane label and has decided that 
the proposed labeling scheme is adequate to meet the Rule's posting 
objective in that it provides clear and conspicuous disclosure of all 
information required by the Rule. In addition the partial exemption 
allows Gilbarco to implement the most economical repair for its 
selectors switch problem without adversely affecting the public 
interest. Therefore, the Commission is granting Gilbarco permission to 
use its proposed labeling system on its multi-blend dispensers, 
provided that Gilbarco also complies with the Rule's octane label 
specifications in all other respects.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-28340 Filed 11-15-95; 8:45 am]
BILLING CODE 6750-01-M