(a) Retailers must post the octane rating of all gasoline sold to consumers. The posting is fulfilled by putting at least one label on each face of each gasoline dispenser through which the gasoline is sold. If two or more kinds of gasoline are sold with different octane ratings from a single dispenser, then separate labels must be placed for each kind of gasoline on each face of the dispenser.
(b) (1) The label or labels must be placed conspicuously on the dispenser so as to be in full view of consumers as near as reasonably practical to the price per gallon of the gasoline.
(2) Petitions for an exemption from the placement requirements are to be submitted in writing to the secretary of the United States Federal Trade Commission. The petition must include the reasons for the desired exemption.
(c) (1) If the gasoline is not blended with other gasoline, then the posting must be consistent with the certified octane rating. If the gasoline is blended with other gasoline, then the posting must be consistent with the determination of the average, weighted by volume, of the certified octane ratings for each gasoline in the blend, or consistent with the lowest octane rating certified for any gasoline in the blend. Whether the gasoline is blended or not, a retailer may choose to post the determination of the octane rating according to the method below, which is in accordance with Part 306.4 of the Federal Trade Commission regulations.
(2) To Determine Octane Rating.
(i) Refiners, importers or producers must determine the octane rating of all gasoline before it is transferred. This can be done by the refiner, importer, producer, or through a testing lab.
(ii) (A) To find the octane rating, add the research octane number and the motor octane number and divide by two as explained by the American Society for Testing and Materials (ASTM) in ASTM D 439-78, entitled "Standard Specifications for Automotive Gasoline." To determine the research octane number, use ASTM standard test method D 2699-75 and to determine the motor octane number, use ASTM standard test method D 2700-75.
(B) If ASTM changes these standards, there will be a 30-day comment period, beginning after the Commission publishes the change in the FEDERAL REGISTER. During this time, Commission staff or any person affected by the change may petition the Commission not to adopt the change because it is a change in the procedures for determining octane ratings, or to extend the length of time of the grace period that follows the comment period. If based on comments, the Commission decides to permit incorporation of the change into the rule. The change will become effective 60 days after expiration of the comment period, unless this period is extended by the Commission. If the Commission decides not to permit automatic incorporation, formal procedures may be initiated to evaluate the change.
(d) (1) Retailers must maintain and replace labels as needed to make sure consumers can easily see and read them.
(2) If the labels are destroyed or are unusable or unreasonable for some unexpected reason, a retailer may post a temporary label as much like the required label as possible. However, the required label must be posted as soon as possible.
(3) Retailers who receive gasoline from a common carrier, must receive, from the common carrier, a certification of the octane rating of the gasoline, either by letter or on the delivery ticket or other paper.