[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
