Octane Posting and Certification

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BILUNG CODE 6750-01-M 16 CFR Part 306 Octane Posting and Certification a g e n c y : Federal Trade Commission. ACTION: Grant of partial exemption from the Commission’s octane rule. s u m m a r y : The Commission received a petition from Gilbarco, Inc. on behalf of the Exxon Corporation (Exxon), requesting permission to post octane ratings by use of an octane label that differs from certain of the specifications contained in the Commission’s Octane Posting and Certification Rule. After analyzing the request, the Commission has granted the partial exemption in connection with Exxon’s use of gasoline dispensers that have been purchased from Gilbarco, Inc. 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

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54, No. 66 / Friday, April 7, 1989 / Rules and Regulations 14073 comment period because the Commission finds that such a procedure is unnecessary to protect the public interest in this case.

EFFECTIVE DATE: April 7, 1989. FOR FURTHER INFORMATION CONTACT: Neil J. Blickman, Attorney, Division of Enforcement, Federal Trade Commission, Washington, DC 20580, (202)326-3038.

SUPPLEMENTARY INFORMATION: On March 30,1979, the Commission published the Octane Posting and Certification Rule in the Federal Register (44 F R 19160). 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.

Section 306.9 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 seprate octane rating labels for each kind of gasoline on 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 the gasoline.

Section 306.11 of the rule details specifications for the labels. Labels must be 3 inches wide by 2.5 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 12V2 points. The line “(R+M)/2 METHOD" must be in 10 point Helvetica bold, all capitals, with letter space set at 10 Vz points. The octane number must be in 96 point Franklin Gothic Condensed, with Vs inch spacing between the numbers. By letter dated October 25,1988, and supplemented by letter dated November 14,1988, Gilbarco, Inc., a major manufacturer and marketer of gasoline pumps and dispensers, requested permission on behalf of the Exxon Corporation to post octane ratings by use of an octane label that differs from the label specifications contained in § 306.11 of the Commission’s Octane Posting and Certification Rule. Exxon proposed the following labeling scheme for use with the gasoline dispensers it purchases from Gilbarco, Inc.:

In order to conform with the dimensions of Gilbarco’s gasoline dispenser “scuff guard,” Exxon proposes to use an octane label that is 2.75 inches wide by 2.5 inches long instead of a label that is 3 inches wide by 2.5 inches long (as specified in the Octane Rule) on the gasoline dispensers it purchases from Gilbarco, Inc.

The Commission has decided that the above-described labeling scheme is adequate to meet the Octane Rule’s posting objective as it provides clear disclosure of all rule-required information. In addition, by permitting the variance, Exxon can adapt its octane label to an existing, interchangeable industry part without adversely affecting the public interest and without necessitating a substantial capital expenditure by the industry (that would ultimately be passed on to retail gasoline purchasers) to manufacture a new part. Therefore, the Commission has decided to grant Exxon permission to use its proposed labeling system, in connection with the company’s use of Gilbarco gasoline dispensers, provided that Exxon will also comply with the Rule’s octane label specifications in all other respects.

List of Subjects in 16 CFR Part 306 Energy conservation, Gasoline, Labeling.

By direction of the Commission. Donald S. Clark, Secretary.

[FR Doc. 89-8261 Filed 4-6-89; 8:45 am]