[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: 16CFR309.11]

[Page 351-352]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 309_LABELING REQUIREMENTS FOR ALTERNATIVE FUELS AND ALTERNATIVE 
FUELED VEHICLES--Table of Contents
 
              Subpart B_Requirements for Alternative Fuels
 
Sec. 309.11  Certification.

    (a) For non-liquid alternative vehicle fuel (other than 
electricity), in each transfer you make to anyone who is not a consumer, 
you must certify the fuel rating of the non-liquid alternative vehicle 
fuel (other than electricity) consistent with your determination. You 
can do this in either of two ways:
    (1) Include a delivery ticket or other paper with each transfer of 
non-liquid alternative vehicle fuel (other than electricity). 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:
    (i) Your name;
    (ii) The name of the person to whom the non-liquid alternative 
vehicle fuel (other than electricity) is transferred;
    (iii) The date of the transfer; and
    (iv) The fuel rating.
    (2) Give the person a letter or written statement. This letter must 
include the date, your name, the other person's name, and the fuel 
rating of any non-liquid alternative vehicle fuel (other than 
electricity) you will transfer to that person from the date of the 
letter onwards. This letter of certification will be good until you 
transfer non-liquid alternative vehicle fuel (other than electricity) 
with a lower percentage of the principal component, or of any other 
component disclosed in the certification. When this happens, you must 
certify the fuel rating of the new non-liquid alternative vehicle fuel 
(other than electricity) either with a delivery ticket or by sending a 
new letter of certification.
    (b) For electric vehicle fuel dispensing systems, in each transfer 
you make to anyone who is not a consumer, you must certify the fuel 
rating of the electric vehicle fuel dispensing system consistent with 
your determination. You can do this in either of two ways:
    (1) Include a delivery ticket or other paper with each transfer of 
an electric vehicle fuel dispensing system. It may be an invoice, bill 
of lading, bill of sale, delivery ticket, or any other written proof of 
transfer. It must contain at least these five items:
    (i) Your name;

[[Page 352]]

    (ii) The name of the person to whom the electric vehicle fuel 
dispensing system is transferred;
    (iii) The date of the transfer;
    (iv) The model number, serial number, or other identifier of the 
electric vehicle fuel dispensing system; and
    (v) The fuel rating.
    (2) Make the required certification by placing clearly and 
conspicuously on the electric vehicle fuel dispensing system a permanent 
legible marking or permanently attached label that discloses the 
manufacturer's name, the model number, serial number, or other 
identifier of the system, and the fuel rating. Such marking or label 
must be located where it can be seen after installation of the system. 
The marking or label will be deemed ``legible,'' in terms of placement, 
if it is located in close proximity to the manufacturer's identification 
marking. This marking or label must be in addition to, and not a 
substitute for, the label required to be posted on the electric vehicle 
fuel dispensing system by the retailer.
    (c) When you transfer non-liquid alternative vehicle fuel (other 
than electricity), or an electric vehicle fuel dispensing system, to a 
common carrier, you must certify the fuel rating of the non-liquid 
alternative vehicle fuel (other than electricity) or electric vehicle 
fuel dispensing system to the common carrier, either by letter or on the 
delivery ticket or other paper, or by a permanent marking or label 
attached to the electric vehicle fuel dispensing system by the 
manufacturer.