[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR306.8]

[Page 319-320]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 306_AUTOMOTIVE FUEL RATINGS, CERTIFICATION AND POSTING
--Table of Contents
 
Sec. 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 Sec. 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

[[Page 320]]

Sec. 306.6(a), or by using a letter of certification, as outlined in 
Sec. 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]