## **LabelingAlternative Fuels**Introduction
The Federal Trade Commission (FTC) prepared this guide to help you complywith two FTC Rules that require businesses to provide certain information tohelp potential purchasers of vehicle fuels compare products. 

This guide explains the provisions of the Fuel Rating Rule (the AutomotiveFuel Ratings, Certification and Posting Rule) and the new Alternative Fuels andVehicles Rule (the Labeling Requirements for Alternative Fuels and AlternativeFueled Vehicles Rule). It includes answers to commonly asked questions aboutthe Rules. Also, the Fuel Rating Rule and Subparts A (definitions) and B of theAlternative Fuels and Vehicles Rule are attached. 

The Alternative Fuels and Vehicles Rule has separate requirements for thelabeling of alternative fueled vehicles (Subpart C). For information about therequirements for these vehicles, see the FTC's Business Guide called Labeling Alternative FueledVehicles. 
Requirements
The Fuel Rating Rule replaces the FTC's Octane Rule by extending fuel ratingdetermination, certification, posting, and record-keeping requirements to allliquid automotive fuels except diesel fuel. In short, it means that sellers ofliquid automotive fuels, including alternative liquid automotive fuels, mustdetermine, certify, post on fuel pumps, and keep records of the automotive fuelrating appropriate for each fuel. The revision of the Rule does not change theseller's obligations when selling gasoline. 

The requirements for non-liquid alternative fuels under the AlternativeFuels and Vehicles Rule are the same as those for alternative liquid fuelsunder the Fuel Rating Rule. 
Who Must Comply
Importers, producers, refiners, distributors, and retailers of vehiclefuels, and manufacturers of electric vehicle fuel dispensing systems mustcomply with the Rules. 
Vehicle FuelsCovered By The Rules - Gasoline, including gasohol, reformulated, and     oxygenated gasoline. Liquid alternative automotive fuels, including: Methanol, denatured ethanol, and other alcohols Mixtures containing 85 percent or more by volume of     methanol, denatured ethanol, and/or other alcohols (or such other     percentage, but not less than 70 percent, as determined by the Secretary     of the U.S. Department of Energy to provide for requirements relating to     cold start, safety, or vehicle functions), with gasoline or other fuels Liquefied natural gas Liquefied petroleum gas Coal-derived liquid fuels Non-liquid alternative vehicle fuels, including     compressed natural gas, hydrogen, and electricity. 
These Rules do not cover diesel fuel. 
The Fuel Rating
The automotive fuel rating for gasoline is the octane rating. For an alternativefuel other than electricity, the fuel rating is the commonly-used name of thefuel and a disclosure of the amount of the principal component of the fuel,expressed as a minimum percentage. Other components, expressed as minimumpercentages, may be listed on the dispenser label. 

For electric vehicle fuel dispensing systems, the fuel rating consists of acommon fuel identifier (such as "electricity," or "electriccharging station"), the system's kilowatt capacity, voltage, whether thevoltage is alternating current or direct current, amperage, and whether thesystem is conductive or inductive. 
Complying with theRules
The Rules are organized into sections based on categories of industry, suchas producer and refiner, distributor, or retailer, and categories of fuel, suchas non-liquid alternative vehicle fuels (other than electricity) andelectricity. The following summary is arranged the same way.

Importers, Producers and Refiners of Vehicle Fuels (other than electricity),and Manufacturers of Electric Vehicle Fuel Dispensing Systems 

Importers and producers and refiners of vehicle fuel must determine therating of the vehicle fuel before transferring it. Manufacturers of electricvehicle fuel dispensing systems must determine the fuel rating of the electriccharge delivered by the electric vehicle fuel dispensing system beforetransferring it. 
RatingDetermination 
To determine the automotive fuel rating of gasoline (the octane rating), addthe research octane number and the motor octane number and divide by two. TheAmerican Society for Testing and Materials (ASTM) explains this in"Standard Specifications for Automotive Spark-Ignition Engine Fuel"(ASTM D4814). 

To determine ratings for alternative liquid automotive fuels and fornon-liquid alternative vehicle fuels (other than electricity), you must have areasonable basis, consisting of competent and reliable evidence, for theminimum percentage of the principal component of the fuel that you mustdisclose, and for the minimum percentages of other components that you chooseto disclose. 
RatingDetermination for Compressed Natural Gas 
The minimum percentage of the principal component of compressed natural gasmust be determined according to test methods described in "Standard TestMethod for Analysis of Natural Gas by Gas Chromatography" (ASTM Dl945-91).
RatingDetermination for Hydrogen Gas 
The minimum percentage of the principal component of hydrogen must bedetermined according to test methods described in "Standard Practice forAnalysis of Reformed Gas by Gas Chromatography" (ASTM D1946-90). 

To determine the fuel rating of the electric vehicle fuel dispensing system,you must have a reasonable basis, consisting of competent and reliableevidence, for the following output information you must disclose: kilowatt (kW)capacity, voltage, whether the voltage is alternating current or directcurrent, amperage, and whether the system is conductive or inductive. 
RatingCertification
In each transfer of vehicle fuel _ other than electricity _ to anon-consumer, you must certify the rating of the fuel consistent with yourdetermination. You may include a delivery ticket with each transfer of fuel ora letter of certification or other written statement. 

A delivery ticket may be an invoice, bill of lading, bill of sale, terminalticket, delivery ticket, or other written proof of transfer. It must include: 
- Your name The name of the person to whom the fuel is transferred The date of the transfer The fuel rating A certification letter must include: The date Your name The other person's name The rating of any fuel you will transfer to that person     from the date of the letter onward 
A letter of certification is good until you transfer fuel with a lowerrating or percentage of the principal component. At that point, you mustcertify the rating of the new vehicle fuel with a new delivery ticket or a newletter. 

In each transfer of an electric vehicle fuel dispensing system to anon-consumer, you must certify the fuel rating of the electric vehicle fueldispensing system consistent with your determination. You must include adelivery ticket or other paper with each transfer of an electric vehicle fueldispensing system, or place a permanent legible marking or a permanent labelwith specific information on the electric vehicle fuel dispensing system. 

A delivery ticket, which may be an invoice, bill of lading, bill of sale,delivery ticket, or other written proof of transfer, must contain five keypieces of information: 
- Your name The name of the person to whom the electric vehicle     fuel dispensing system is transferred The date of the transfer The model number, serial number, or other identifier of     the electric vehicle fuel dispensing system The fuel rating 
Or you may certify by placing a permanent mark or label on the electricvehicle fuel dispensing system that includes three items of information: 
- The manufacturer's name The model number, serial number, or other identifier of     the electric vehicle fuel dispensing system The fuel rating 
The mark or label must be placed where it can be seen after the system isinstalled -- for example, near the manufacturer's identification mark. Thismark or label is in addition to, not in place of, the label the retailer mustpost on the electric vehicle fuel dispensing system. 
Transferring to aCommon Carrier 
When vehicle fuel or an electric vehicle fuel dispensing system istransferred to a common carrier, the rating of the fuel or system must becertified to the common carrier. You may do this on the delivery ticket orother paper, in a letter of certification, or as a permanent mark or labelattached to the electric vehicle fuel dispensing system by the manufacturer. 
Recordkeeping 
Records of how you determined fuel ratings must be kept for one year. Theserecords must be available for inspection by FTC staff or people authorized bythe FTC. 
Distributors ofFuels and Electric Vehicle Fuel Dispensing Systems Rating Certification 
Distributors of vehicle fuel (other than electricity) must certify therating of the fuel with each transfer by letter of certification, deliveryticket, or other paper to anyone who is not a consumer. Distributors ofelectric vehicle fuel dispensing systems also must certify the fuel rating ofthe system with each transfer to anyone who is not a consumer _ by deliveryticket, other paper, or by a permanent marking or a permanent label attached tothe system by the manufacturer. 

If you blend fuels, you must have a reasonable basis, consisting ofcompetent and reliable evidence, for the rating you certify. If you do notblend fuels, you must certify consistent with the fuel rating as it wascertified to you. 
Transferring To orReceiving From a Common Carrier 
When you transfer vehicle fuel or an electric vehicle fuel dispensing systemto a common carrier, you must certify the rating of the fuel or system to thecommon carrier by letter, delivery ticket or other paper, or by a permanentmark or label attached to the electric vehicle fuel dispensing system by themanufacturer. 

When you receive vehicle fuel or an electric vehicle fuel dispensing systemfrom a common carrier, you must get certification of the rating of the fuel orsystem by letter, delivery ticket or other paper, or by a permanent marking orlabel attached to the electric vehicle fuel dispensing system by themanufacturer. 
Recordkeeping 
You must keep delivery tickets, letters of certification, or other papers onwhich you base your fuel rating certifications for one year. You also must keeprecords of any fuel rating determinations you make for one year. These recordsmust be available for inspection by FTC staff or people authorized by the FTC.If you rely on a permanent marking or permanent label attached to the electricvehicle fuel dispensing system by the manufacturer for your certification, thepermanent marking or label may not be removed or damaged. 
Retailers Posting FuelRatings 
If you sell vehicle fuel to consumers, you must post the rating of eachfuel. If you sell electricity to consumers through an electric vehicle fueldispensing system, you must post the rating of the electric vehicle fuel dispensingsystem you use. You must place at least one label on the face of eachdispenser. If you sell two or more kinds of fuels with different ratings from asingle fuel dispenser, you must put separate labels for each kind of fuel onthe face of the dispenser. 

The label or labels must be placed conspicuously on the fuel dispenser,clearly visible to consumers, and as close as possible to the price per unit ofthe fuel. The labels must be maintained and replaced as needed to make surethey are easy to see and read. If the labels become unreadable, you must post atemporary label that looks as much like the required label as possible. Get andpost the required label as soon as possible. 

If you blend fuels, you must have a reasonable basis, consisting ofcompetent and reliable evidence, for the rating you post for the blend. If youdo not blend fuels, you must post the rating certified to you.
Receiving from aCommon Carrier
When you receive vehicle fuel or an electric vehicle fuel dispensing systemfrom a common carrier, you also must receive certification of the rating of thefuel or system by letter, delivery ticket or other paper, or by a permanentmarking or label attached to the electric vehicle fuel dispensing system by themanufacturer. 
Recordkeeping 
You must keep delivery tickets, letters of certification, or any other paperon which you base your posting of fuel ratings for one year. You also must keeprecords of any fuel rating determinations you make for one year. If you rely ona permanent marking or permanent label attached to the electric vehicle fueldispensing system by the manufacturer for your posting, you may not remove ordamage the permanent marking or label. The required records, other than thepermanent marking or label on the electric vehicle fuel dispensing system, maybe kept at the retail station or at a near-by location. However, all theserecords, including the permanent marking or label on each electric vehicle fueldispensing system, must be available for inspection by FTC staff or peopleauthorized by the FTC. 
The Labels
Section 306.12 of the Fuel Rating Rule and Section 309.17 of the AlternativeFuels and Vehicles Rule specify the size, type style, and dimensions of vehiclefuel and electric vehicle fuel dispensing system labels. Labels must be 3inches wide by 2-l/2 inches long. Gasoline octane labels must be printed inblack ink on a yellow background. Alternative fuel labels must be printed inblack ink on an orange background. 

All labels must be able to withstand extreme weather conditions for at leastone year, and must be resistant to vehicle fuel, oil, grease, solvents,detergents, and water. 

To change the format of the label to accommodate a longer fuel descriptionor additional fuel components, file a petition for an exemption with the FTC.Include the size and contents of the label you want to use, and your reasonsfor wanting to use it.
Questions AndAnswers
The following questions and answers may help facilitate compliance with theRules. 

Q. According to the Fuel Rating Rule, automotive fuel means a liquid fueldistributed for use in any motor vehicle. For purposes of the Rule, what is a"motor vehicle"?  

A. As defined by the Petroleum Marketing Practices Act, and for purposes ofthe Fuel Rating Rule only, "motor vehicle" means any self-propelledfour-wheeled vehicle of less than 6,000 pounds gross vehicle weight, designedprimarily for use on public streets, roads, and hichways.   

Q. Some of the new alternative fuels covered by the FTC's Rules often arenot sold for automotive or vehicle use. Are such sales covered by the Rules?  

A. No. The Rules cover fuels sold or transferred for use as automotive orvehicle fuels only.   

Q. Does the FTC require a minimum or maximum rating level for fuels?  

A. No. The FTC's Rules require the certification and posting of a minimumfuel rating _ disclosures to help consumers make the best fuel selections fortheir vehicles. Compliance with all other applicable regulations is required. 

Q. Can fuel rating certification be accomplished with documents thatidentify fuels by code numbers or names, not the rating?

  A. No. Descriptive names or code numbers are inadequate. Documents,including delivery tickets that accompany transfers of fuel, certificationletters, or, in the case of electric vehicle fuel dispensing systems, permanentmarks or labels on the dispensing systems, must include the rating of the fuelto comply with the Rules' fuel rating certification requirements.  

Q. I sell fuel to customers who use it for their own fleets _ not for resaleto the general public. Must I certify the rating of the fuel to thesecustomers? 

  A. No. The Rules require certification of the fuel rating to anyonewho is not a consumer of the fuel. Under the definitions in the Rules,customers who buy fuel for their own fleets are consumers of the fuel.  

Q. Must common carriers comply with the Rules' certification requirements? 

A. No. Common carriers do not fall within the scope of the Rules. However,the Rules require covered industry members to give certification documents tocommon carriers in the chain of distribution, and receive certificationdocuments from them. Accordingly, the FTC believes that common carriers will passon the certifications they receive voluntarily as they play their part in thechain of distribution.  

Q. In the case of alternative vehicle fuel other than electricity, must Iseparately certify the minimum percentage of the principal component of the fueland each of the minimum percentages of other components of the fuel that Ichoose to disclose?  

A. Yes. For example, in the case of CNG vehicle fuel, it would beinsufficient to certify as a single percentage the minimum percentage ofmethane, ethane, and propane in the fuel; the minimum percentage of eachcomponent of the fuel must be certified _ and posted _ separately.  

Q. Who should I contact if I suspect non-compliance with the FTC's FuelRating Rule or Alternative Fuels and Vehicles Rule, or fraudulent activityregarding the sale of automotive or vehicle fuel?   

A. Information about possible illegal activity helps law enforcementofficials target companies that merit scrutiny. If you know about such illegalactivity, please contact the Division of Enforcement, Bureau of ConsumerProtection, Federal Trade Commission, Washington, D.C. 20580 (202.326.2996), oryour state or local weights and measures office.   
Your Opportunity toComment
The Small Business and Agriculture Regulatory Enforcement Ombudsman and 10Regional Fairness Boards collect comments from small business about federalenforcement actions. Each year, the Ombudsman evaluates enforcement activitiesand rates each agency�s responsiveness to small business. To comment on FTCactions, call 1-888-734-3247.

**16 CFR Part 306 -- AutomotiveFuel Ratings, Certification, and Posting**

**GENERAL**
306.0 Definitions. 
As used in this Part:

(a) Octane rating means the rating of the anti-knock characteristics of agrade or type of gasoline as determined by dividing by 2 the sum of theresearch octane number plus the motor octane number.   

(b) Research octane number and motor octane number have the meanings givensuch terms in the specifications of the American Society for Testing andMaterials ("ASTM") entitled "Standard Specification forAutomotive Spark-Ignition Engine Fuel" designated D4814-92c and, withrespect to any grade or type of gasoline, are determined in accordance withtest methods set forth in ASTM D2699-92, "Standard Test Method for KnockCharacteristics of Motor Fuels by the Research Method" and ASTM D2700-92,"Standard Test Method for Knock Characteristics of Motor and AviationFuels by the Motor Method." These incorporations by reference wereapproved by the Director of the Federal Register in accordance with 5 U.S.C.552(a) and 1 CFR Part 51. Copies of ASTM D4814-92c, ASTM D2699-92, and ASTMD2700-92 may be obtained from the American Society for Testing and Materials,1916 Race Street, Philadelphia, PA, 19103, or may be inspected at the FederalTrade Commission, Public Reference Room, Room 130, 600 Pennsylvania Avenue,N.W., Washington, D.C., or at the Office of the Federal Register, 800 NorthCapitol Street, N.W., suite 700, Washington, D.C.   

(c) Refiner means any person engaged in the production or importation ofautomotive fuel.   

(d) Producer means any person who purchases component elements and combinesthem to produce and market automotive fuel.   

(e) Distributor means any person who receives automotive fuel anddistributes such automotive fuel to another person other than the ultimatepurchaser.  

(f) Retailer means any person who markets automotive fuel to the generalpublic for ultimate consumption. 

  (g) Ultimate purchaser means, with respect to any item, the firstperson who purchases such item for purposes other than resale.   

(h) Person, for purposes of applying any provision of the Federal TradeCommission Act, 15 U.S.C. 41 et seq., with respect to any provision of thisPart, includes a partnership and a corporation.  

(i) Automotive fuel means liquid fuel of a type distributed for use as afuel in any motor vehicle, and the term includes, but is not limited to: 

(1) gasoline, an automotive spark-ignition engine fuel, which includes, butis not limited to, gasohol (generally a mixture of approximately 90% unleadedgasoline and 10% denatured ethanol) and fuels developed to comply with theClean Air Act, 42 U.S.C. 7401 et seq., such as reformulated gasoline andoxygenated gasoline; and 

(2) alternative liquid automotive fuels, including, but not limited to: 

(i) methanol, denatured ethanol, and other alcohols; 

(ii) mixtures containing 85 percent or more by volume of methanol, denaturedethanol, and/or other alcohols (or such other percentage, but not less than 70percent, as determined by the Secretary of the United States Department ofEnergy, by rule, to provide for requirements relating to cold start, safety, orvehicle functions), with gasoline or other fuels; 

(iii) liquefied natural gas; 

(iv) liquefied petroleum gas; 

(v) coal-derived liquid fuels. 

(j) Automotive fuel rating means:

(1) for gasoline, the octane rating; or 

(2) for an alternative liquid automotive fuel, the commonly used name of thefuel with a disclosure of the amount, expressed as a minimum percentage byvolume, of the principal component of the fuel. A disclosure of othercomponents, expressed as a minimum percentage by volume, may be included, ifdesired. 
306.1 What thisrule does. 
This rule deals with the certification and posting of automotive fuelratings in or affecting commerce as "commerce" is defined in theFederal Trade Commission Act, 15 U.S.C. 41 et seq. It applies to persons, partnerships,and corporations. If you are covered by this regulation, breaking any of itsrules is an unfair or deceptive act or practice under section 5 of that Act.You can be fined up to ten thousand dollars each time you break a rule. 
306.2 Who is covered.
You are covered by this rule if you are a refiner, importer, producer,distributor, or retailer of automotive fuel. 
306.3 Stayed orinvalid parts. 
If any part of this rule is stayed or held invalid, the rest of it will stayin force. 
306.4 Preemption. 
The Petroleum Marketing Practices Act ("PMPA"), 15 U.S.C. 2801 etseq., as amended, is the law that directs the FTC to enact this rule. Section204 of PMPA, 15 U.S.C. 2824, provides: 

(a) To the extent that any provision of this title applies to any act oromission, no State or any political subdivision thereof may adopt or continuein effect, except as provided in subsection (b) any provision of law orregulation with respect to such act or omission, unless such provision of suchlaw or regulation is the same as the applicable provision of this title.  

(b) A State or political subdivision thereof may provide for anyinvestigative or enforcement action, remedy, or penalty (including proceduralactions necessary to carry out such investigative or enforcement actions,remedies, or penalties) with respect to any provision of law or regulationpermitted by subsection (a). 

**DUTIES OF REFINERS,IMPORTERS, AND PRODUCERS**
306.5 Automotivefuel rating. 
If you are a refiner, importer, or producer, you must determine theautomotive fuel rating of all automotive fuel before you transfer it. You cando that yourself or through a testing lab. 

(a) To determine the automotive fuel rating of gasoline, 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D4814-92c, entitled "Standard Specifications for Automotive Spark-IgnitionEngine Fuel." To determine the research octane number, use ASTM standardtest method D2699-92, and to determine the motor octane number, use ASTMstandard test method D2700-92.   

(b) To determine automotive fuel ratings for alternative liquid automotivefuels, you must possess a reasonable basis, consisting of competent and reliableevidence, for the percentage by volume of the principal component of thealternative liquid automotive fuel that you must disclose. You also must have areasonable basis, consisting of competent and reliable evidence, for theminimum percentages by volume of other components that you choose to disclose. 
306.6Certification. 
In each transfer you make to anyone who is not a consumer, you must certifythe automotive fuel rating of the automotive fuel consistent with yourdetermination. You can do this in either of two ways: 

(a) Include a delivery ticket or other paper with each transfer ofautomotive fuel. 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: 

(1) Your name; 

(2) The name of the person to whom the automotive fuel is transferred; 

(3) The date of the transfer; 

(4) The automotive fuel rating. Octane rating numbers may be rounded off toa whole or half number equal to or less than the number determined by you. 

(b) Give the person a letter or other written statement. This letter mustinclude the date, your name, the other person's name, and the automotive fuelrating of any automotive fuel you will transfer to that person from the date ofthe letter onwards. Octane rating numbers may be rounded to a whole or halfnumber equal to or less than the number determined by you. This letter ofcertification will be good until you transfer automotive fuel with a lowerautomotive fuel rating. When this happens, you must certify the automotive fuelrating of the new automotive fuel either with a delivery ticket or by sending anew letter of certification.   

(c) 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. 
306.7Recordkeeping. 
You must keep records of how you determined automotive fuel ratings for oneyear. They must be available for inspection by Federal Trade Commission andEnvironmental Protection Agency staff members, or by people authorized by FTCor EPA. 

**DUTIES OF DISTRIBUTORS**
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 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 306.6(a), or by using a letter ofcertification, as outlined in 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. 
306.9Recordkeeping. 
You must keep for one year any delivery tickets or letters of certificationon which you based your automotive fuel rating certifications. You must alsokeep for one year records of any automotive fuel rating determinations you madeaccording to 306.5. They must be available for inspection by Federal TradeCommission and Environmental Protection Agency staff members, or by personsauthorized by FTC or EPA. 

**DUTIES OF RETAILERS**
306.10 Automotivefuel rating posting. 
(a) If you are a retailer, you must post the automotive fuel rating of allautomotive fuel you sell to consumers. You must do this by putting at least onelabel on each face of each dispenser through which you sell automotive fuel. Ifyou are selling two or more kinds of automotive fuel with different automotivefuel ratings from a single dispenser, you must put separate labels for eachkind of automotive fuel 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 and as near as reasonably practical tothe price per unit of the automotive fuel.  

(2) You may petition for an exemption from the placement requirements bywriting the Secretary of the Federal Trade Commission, Washington, DC 20580.You must state the reasons that you want the exemption.  

(c) In the case of gasoline, if you do not blend the gasoline with othergasoline, you must post the octane rating of the gasoline consistent with theoctane rating certified to you. If you blend the gasoline with other gasoline,you must post 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 post theoctane rating of the gasoline consistent with your determination of the octanerating according to the method in 306.5. In cases involving gasoline, theoctane rating must be shown as a whole or half number equal to or less than thenumber certified to you or determined by you.  

(d) If you do not blend alternative liquid automotive fuels, you must post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 post for the blend.  

(e)(1) You must maintain and replace labels as needed to make sure consumerscan easily see and read them.   

(2) If the labels you have are destroyed or are unusable or unreadable forsome unexpected reason, you can satisfy the law by posting a temporary label asmuch like the required label as possible. You must still get and post the requiredlabel without delay.

  (f) The following examples of automotive fuel rating disclosures forsome presently available alternative liquid automotive fuels are meant to serveas illustrations of compliance with this Part, but do not limit the Rule's coverageto only the mentioned fuels:   

1. "Methanol / Minimum ___% Methanol" 

2. "Ethanol / Minimum ___% Ethanol" 

3. "M-85 / Minimum ___% Methanol" 

4. "E-85 / Minimum ___% Ethanol" 

5. "LPG / Minimum ___% Propane" or "LPG / Minimum ___%Propane and ___% Butane" 

6. "LNG / Minimum ___% Methane" 

(g) 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. 
306.11Recordkeeping. 
You must keep for one year any delivery tickets or letters of certificationon which you based your posting of automotive fuel ratings. You also must keepfor one year records of any automotive fuel rating determinations you madeaccording to 306.5. These records may be kept at the retail outlet or atanother, reasonably close location. They must be available for inspection byFederal Trade Commission and Environmental Protection Agency staff members orby persons authorized by FTC or EPA. 

**LABEL SPECIFICATIONS**
306.12 Labels. 
All labels must meet the following specifications: 

(a) Layout.   

(1) For gasoline labels. 

The label is 3" (7.62 cm) wide x 2-1/2" (6.35 cm) long. Theillustrations appearing at the end of this rule are prototype labels thatdemonstrate the proper layout. "Helvetica Black" type is usedthroughout except for the octane rating number on octane labels, which is inFranklin gothic type. All type is centered. Spacing of the label is 1/4"(.64 cm) between the top border and the first line of text, 1/8" (.32 cm)between the first and second line of text, 1/4" (.64 cm) between theoctane rating and the line of text above it. All text and numerals are centeredwithin the interior borders. 

(2) For alternative liquid automotive fuel labels (one principal component).

The label is 3" (7.62 cm) wide x 2-1/2" (6.35 cm) long."Helvetica black" type is used throughout. All type is centered. Theband at the top of the label contains the name of the fuel. This band shouldmeasure 1" (2.54 cm) deep. Spacing of the fuel name is 1/4" (.64 cm)from the top of the label and 3/16" (.48 cm) from the bottom of the blackband, centered horizontally within the black band. The first line of typebeneath the black band is 1/8" (.32 cm) from the bottom of the black band.All type below the black band is centered horizontally, with 1/8" (.32 cm)between each line. The bottom line of type is 3/16" (.48 cm) from thebottom of the label. All type should fall no closer than 3/16" (.48 cm)from the side edges of the label. If you wish to change the dimensions of thissingle component label to accommodate a fuel descriptor that is longer thanshown in the sample labels, you must petition the Federal Trade Commission. Youcan do this by writing to the Secretary of the Federal Trade Commission, Washington,DC 20580. You must state the size and contents of the label that you wish touse, and the reasons that you want to use it. 

(3) For alternative liquid automotive fuel labels (two components). 

The label is 3" (7.62 cm) wide x 2-1/2" (6.35 cm) long. "Helveticablack" type is used throughout. All type is centered. The band at the topof the label contains the name of the fuel. This band should measure 1"(2.54 cm) deep. Spacing of the fuel name is 1/4" (.64 cm) from the top ofthe label and 3/16" (.48 cm) from the bottom of the black band, centeredhorizontally within the black band. The first line of type beneath the blackband is 3/16" (.48 cm) from the bottom of the black band. All type belowthe black band is centered horizontally, with 1/8" (.32 cm) between eachline. The bottom line of type is 1/4" (.64 cm) from the bottom of thelabel. All type should fall no closer than 3/16" (.48 cm) from the sideedges of the label. If you wish to change the dimensions of this two componentlabel to accommodate additional fuel components, you must petition the FederalTrade Commission. You can do this by writing to the Secretary of the FederalTrade Commission, Washington, DC 20580. You must state the size and contents ofthe label that you wish to use, and the reasons that you want to use it.

(b) Type size and setting.   

(1) For gasoline labels. 

The Helvetica series is used for all numbers and letters with the exceptionof the octane rating number. Helvetica is available in a variety of phototypesetting systems, by linotype, and in a variety of computer desk-top andphototype setting systems. Its name may vary, but the type must conform instyle and thickness to the sample provided here. The line "MINIMUM OCTANERATING" is set in 12 point Helvetica Bold, all capitals, with letterspaceset at 12-1/2 points. The line "(R+M)/2 METHOD" is set in 10 pointHelvetica Bold, all capitals, with letterspace set at 10-1/2 points. The octanenumber is set in 96 point Franklin gothic condensed with 1/8" (.32 cm)space between the numbers. 

(2) For alternative liquid automotive fuel labels (one principal component).

All type should be set in upper case (all caps) "Helvetica Black"throughout. Helvetica Black is available in a variety of computer desk-top andphototype setting systems. Its name may vary, but the type must conform instyle and thickness to the sample provided here. The spacing between lettersand words should be set as "normal." The type for the fuel name is 50point [1/2" (1.27 cm) cap height] "Helvetica Black," knocked outof a 1" (2.54 cm) deep band. The type for the words "MINIMUM"and the principal component is 24 pt. [1/4" (.64 cm) cap height.] The typefor percentage is 36 pt. [3/8" (.96 cm) cap height]. 

(3) For alternative liquid automotive fuel labels (two components). 

All type should be set in upper case (all caps) "Helvetica Black"throughout. Helvetica Black is available in a variety of computer desk-top andphototype setting systems. Its name may vary, but the type must conform instyle and thickness to the sample provided here. The spacing between lettersand words should be set as "normal." The type for the fuel name is 50point [1/2" (1.27 cm) cap height] "Helvetica Black," knocked outof a 1" (2.54 cm) deep band. All other type is 24 pt. [1/4" (.64 cm)cap height.]

(c) Colors.  

(1) For gasoline labels. 

The basic color on all octane labels is process yellow. All type is processblack. All borders are process black. All colors must be non-fade. 

(2) For alternative liquid automotive fuel labels 

The background color on all the labels is Orange: PMS 1495. The knock-outtype within the black band is orange PMS 1495. All other type is process black.All borders are process black. All colors must be non-fade.

(d) Contents. 

Examples of the contents are shown in the sample labels. The proper octanerating for each gasoline must be shown. The proper automotive fuel rating foreach alternative liquid automotive fuel must be shown. No marks or informationother than that called for by this rule may appear on the labels. 

(e) Special label protection. 

All labels must be capable of withstanding extremes of weather conditionsfor a period of at least one year. They must be resistant to automotive fuel,oil, grease, solvents, detergents, and water. 

(f) Illustrations of labels. 

Labels should meet the specifications in this section, and should look likethe examples on pages 9-10, except the black print should be on theappropriately colored background. 

**16 CFR Part 309 -- LabelingRequirements for Alternative Fuels and Alternative Fueled Vehicles**

  

Subpart A -- General 

309.1 Definitions.

309.2 What this part does. 

309.3 Stayed or invalid portions. 

309.4 Preemption. 

Requirements for Alternative Fuels

Duties of Importers, Producers, and Refiners of Non-Liquid Alternative 

Vehicle Fuels (other than electricity) and of Manufacturers of Electric 

Vehicle Fuel Dispensing Systems 

309.10 Alternative vehicle fuel rating. 

309.11 Certification. 

309.12 Recordkeeping. Duties of Distributors of Non-Liquid AlternativeVehicle Fuels (other than electricity) and of Electric Vehicle Fuel DispensingSystems 

309.15 Posting of non-liquid alternative vehicle fuel rating. 309.16Recordkeeping. Label Specifications 

309.17 Labels. 

Authority: 42 U.S.C. 13232(a). 
Subpart A 309.1 Definitions. 
As used in subparts B and C of this part: 

(a) Acquisition includes either of the following:   

(1) Acquiring the beneficial title to a covered vehicle; or 

(2) Acquiring a covered vehicle for transportation purposes pursuant to acontract or similar arrangement for a period of 120 days or more. 

(b) Aftermarket conversion means any combination of hardware which allows avehicle or engine to operate on a fuel other than the fuel which the vehicle orengine was originally certified to use. 

(c) Alternative means

(1) Methanol, denatured ethanol, and other alcohols; 

(2) Mixtures containing 85 percent or more by volume of methanol, denaturedethanol, and/or other alcohols (or such other percentage, but not less than 70percent, as determined by the Secretary, by rule, to provide for requirementsrelating to cold start, safety, or vehicle functions), with gasoline or otherfuels; 

(3) Natural gas; 

(4) Liquefied petroleum gas;   

(5) Hydrogen;   

(6) Coal-derived liquid fuels;   

(7) Fuels (other than alcohol) derived from biological materials;   

(8) Electricity (including electricity from solar energy); and 

  (9) Any other fuel the Secretary determines, by rule, issubstantially not petroleum and would yield substantial energy securitybenefits and substantial environmental benefits. 

(d)(1)Consumer in subpart C means an individual, corporation, partnership,association, State, municipality, political subdivision of a State, and anyagency, department, or instrumentality of the United States.   

(2) Consumer or ultimate purchaser in subpart B means, with respect to anynon-liquid alternative vehicle fuel (including electricity), the first personwho purchases such fuel for purposes other than resale. 

(e) Conventional fuel means gasoline or diesel fuel. 

  (f) Covered vehicle means either of the following:   

(1) A dedicated or dual fueled passenger car (or passenger car derivative)capable of seating 12 passengers or less; or

  (2) A dedicated or dual fueled motor vehicle (other than a passengercar or passenger car derivative) with a gross vehicle weight rating less than8,500 pounds which has a vehicle curb weight of less than 6,000 pounds andwhich has a basic vehicle frontal area of less than 45 square feet, which is: 

(i) Designed primarily for purposes of transportation of property or is aderivation of such a vehicle; or   

(ii) Designed primarily for transportation of persons and has a capacity ofmore than 12 persons.

(g) Dedicated means designed to operate solely on alternative fuel.   

(h) Distributor means any person, except a common carrier, who receivesnon-liquid alternative vehicle fuel (other than electricity) and distributessuch fuel to another person other than the consumer. It also means any person,except a common carrier, who receives an electric vehicle fuel dispensingsystem and distributes such system to a retailer.  

(i) Dual fueled means capable of operating on alternative fuel and capableof operating on conventional fuel.  

(j) Electric charging system equipment means equipment that includes anelectric battery charger and is used for dispensing electricity to consumersfor the purpose of recharging batteries in an electric vehicle.  

(k) Electric vehicle means a vehicle designed to operate exclusively onelectricity stored in a rechargeable battery, multiple batteries, or batterypack.  

(l) Electric vehicle fuel dispensing system means electric charging systemequipment or an electrical energy dispensing system.  

(m) Electrical energy dispensing system means equipment that does notinclude an electric charger and is used for dispensing electricity to consumersfor the purpose of recharging batteries in an electric vehicle that contains anon-board electric battery charger.   

(n) Emission certification standard means the emission standard to which acovered vehicle has been certified pursuant to 40 CFR parts 86 and 88.   

(o) Estimated cruising range for non-EVs means a manufacturer reasonableestimate of the number of miles a new covered vehicle will travel betweenrefueling, expressed as a lower estimate (i.e., minimum estimated cruisingrange) and an upper estimate (i.e., maximum estimated cruising range), asdetermined by 309.22. Estimated cruising range for EVs means a manufacturer'sreasonable estimate of the number of miles a new covered EV will travel betweenrecharging, expressed as a single estimate, as determined by 309.22.  

(p) Fuel dispenser means:  

(1) For non-liquid alternative vehicle fuels (other than electricity), thedispenser through which a retailer sells the fuel to consumers.   

(2) For electric vehicle fuel dispensing systems, the dispenser throughwhich a retailer dispenses electricity to consumers for the purpose ofrecharging batteries in an electric vehicle. 

(q) Fuel rating means:

  (1) For non-liquid alternative vehicle fuels (other thanelectricity), including, but not limited to, compressed natural gas andhydrogen gas, the commonly used name of the fuel with a disclosure of theamount, expressed as a minimum molecular percentage, of the principal componentof the fuel. A disclosure of other components, expressed as a minimum molecularpercentage, may be included, if desired.   

(2) For electric vehicle fuel dispensing systems, a common identifier (suchas, but not limited to, "electricity," "electric chargingsystem," "electric charging station") with a disclosure of thesystem's kilowatt ("kW") capacity, voltage, whether the voltage isalternating current ("ac") or direct current ("dc"),amperage, and whether the system is conductive or inductive.

(r) Manufacturer means the person who obtains a certificate of conformitythat the vehicle complies with the standards and requirements of 40 CFR parts86 and 88.   

(s) of an electric vehicle fuel dispensing means any person who manufacturesor assembles an electric vehicle fuel dispensing system that is distributedspecifically for use by retailers in dispensing electricity to consumers forthe purpose of recharging batteries in an electric vehicle.  

(t) New covered vehicle means a covered vehicle which has not been acquiredby a consumer.  

(u) vehicle dealer means a person who is engaged in the sale or leasing ofnew covered vehicles. 

(v) New vehicle label means a window sticker containing the informationrequired by 309.20(e). 

(w) Non-liquid alternative fueled vehicle means a vehicle capable ofoperating on a non-liquid alternative vehicle fuel.   

(x) Non-liquid alternative vehicle fuel means alternative fuel used for thepurpose of powering a non-liquid alternative fueled vehicle, including, but notlimited to, compressed natural gas ("CNG"), hydrogen gas("hydrogen"), electricity, and any other non-liquid vehicle fuel theSecretary determines, by rule, is substantially not petroleum and would yieldsubstantial energy benefits and substantial environmental benefits. 

(y) Person means an individual, partnership, corporation, or any otherbusiness organization.

(z) Producer means any person who purchases component elements and combinesthem to produce and market non-liquid alternative vehicle fuel (other thanelectricity).  

(aa) Refiner means any person engaged in the production or importation ofnon-liquid alternative vehicle fuel (other than electricity). 

(bb) Retailer means any person who offers for sale, sells, or distributesnon-liquid alternative vehicle fuel (including electricity) to consumers.  

(cc) Secretary means the Secretary of the United States Department ofEnergy.  

(dd) Used covered vehicle means a covered vehicle which has been acquired bya consumer, but does not include any vehicle sold only for scrap or parts(title documents surrendered to the State and a salvage certificate issued).  

(ee) Used vehicle dealer means a person engaged in the sale or leasing ofused covered vehicles who has sold or leased five or more used covered vehiclesin the previous twelve months, but does not include a bank or financialinstitution, a business selling or leasing used covered vehicles to an employeeof that business, or a lessor selling or leasing a leased vehicle by or to thatvehicle's lessee or to an employee of the lessee.  

(ff) Used vehicle label means a window sticker containing the information requiredby 309.21(e).   

(gg) Vehicle fuel tank capacity means the tank's usable capacity (i.e., thevolume of fuel that can be pumped into the tank through the filler pipe withthe vehicle on a level surface and with the unusable capacity already in the tank).The term does not include unusable capacity (i.e., the volume of fuel left atthe bottom of the tank when the vehicle's fuel pump can no longer draw fuelfrom the tank), the vapor volume of the tank (i.e., the space above the fueltank filler neck), or the volume of the fuel tank filler neck. 
309.2 What thispart does. 
This part establishes labeling requirements for non-liquid alternativevehicle fuels, and for certain vehicles powered in whole or in part byalternative fuels. 
309.3 Stayed orinvalid portions. 
If any portion of this part is stayed or held invalid, the rest of it willstay in force. 
309.4 Preemption. 
Inconsistent state and local regulations are preempted to the extent theywould frustrate the purposes of this part. 
Requirements forAlternative Fuels 
Duties of Importers, Producers, and Refiners of Non-Liquid AlternativeVehicle Fuels (other than electricity) and of Manufacturers of Electric VehicleFuel Dispensing Systems 
309.10 Alternativevehicle fuel rating. 
(a) If you are an importer, producer, or refiner of non-liquid alternativevehicle fuel (other than electricity), you must determine the fuel rating ofall non-liquid alternative vehicle fuel (other than electricity) before youtransfer it. You can do that yourself or through a testing lab. To determinefuel ratings, you must possess a reasonable basis, consisting of competent andreliable evidence, for the minimum percentage of the principal component of thenon-liquid alternative vehicle fuel (other than electricity) that you mustdisclose, and for the minimum percentages of other components that you chooseto disclose. For the purposes of this section, fuel ratings for the minimumpercentage of the principal component of compressed natural gas are to bedetermined in accordance with test methods set forth in American Society forTesting and Materials ("ASTM") D 1945-91, "Standard Test Methodfor Analysis of Natural Gas by Gas Chromatography." For the purposes ofthis section, fuel ratings for the minimum percentage of the principalcomponent of hydrogen gas are to be determined in accordance with test methodsset forth in ASTM D 1946-90, "Standard Practice for Analysis of ReformedGas by Gas Chromatography." This incorporation by reference was approvedby the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and1 CFR Part 51. Copies of D 1945-91 and D 1946-90 may be obtained from theAmerican Society for Testing and Materials, 1916 Race Street, Philadelphia, PA19103, or may be inspected at the Federal Trade Commission, Public ReferenceRoom, room 130, 600 Pennsylvania Avenue, NW, Washington, DC, or at the Officeof the Federal Register, 800 North Capitol Street NW, suite 700, Washington,DC.  

(b) If you are a manufacturer of electric vehicle fuel dispensing systems,you must determine the fuel rating of the electric charge delivered by theelectric vehicle fuel dispensing system before you transfer such systems. Todetermine the fuel rating of the electric vehicle fuel dispensing system, youmust possess a reasonable basis, consisting of competent and reliable evidence,for the following output information you must disclose: kilowatt("kW") capacity, voltage, whether the voltage is alternating current("ac") or direct current ("dc"), amperage, and whether thesystem is conductive or inductive. 

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;  

(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. 
309.12Recordkeeping. 
You must keep for one year records of how you determined fuel ratings. Therecords must be available for inspection by Federal Trade Commission staffmembers, or by people authorized by FTC. 

Duties of Distributors of Non-Liquid Alternative Vehicle Fuels (other thanelectricity) and of Electric Vehicle Fuel Dispensing Systems 
309.13Certification.
(a) If you are a distributor of non-liquid alternative vehicle fuel (otherthan electricity), you must certify the fuel rating of the fuel in eachtransfer you make to anyone who is not a consumer. You may certify either byusing a delivery ticket or other paper with each transfer of fuel, as outlinedin 309.11(a)(1), or by using a letter of certification, as outlined in309.11(a)(2).  

(b) If you are a distributor of electric vehicle fuel dispensing systems,you must certify the fuel rating of the system in each transfer you make toanyone who is not a consumer. You may certify by using a delivery ticket orother paper with each transfer, as outlined in 309.11(b)(1), or by using thepermanent marking or permanent label attached to the system by themanufacturer, as outlined in 309.11(b)(2).   

(c) If you do not blend non-liquid alternative vehicle fuels (other thanelectricity), you must certify consistent with the fuel rating certified toyou. If you blend non-liquid alternative vehicle fuel (other than electricity),you must possess a reasonable basis, consisting of competent and reliableevidence, as required by 309.10(a), for the fuel rating that you certify forthe blend.  

(d) 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. When you receive non-liquid alternativevehicle fuel (other than electricity), or an electric vehicle fuel dispensingsystem, from a common carrier, you also must receive from the common carrier acertification of the fuel rating of the non-liquid alternative vehicle fuel(other than electricity) or electric vehicle fuel dispensing system, 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. 
309.14Recordkeeping. 
You must keep for one year any delivery tickets, letters of certification,or other paper on which you based your fuel rating certifications for non-liquidalternative vehicle fuels (other than electricity) and for electric vehiclefuel dispensing systems. You also must keep for one year records of any fuelrating determinations you made according to 309.10. If you rely for yourcertification on a permanent marking or permanent label attached to theelectric vehicle fuel dispensing system by the manufacturer, you must notremove or deface the permanent marking or label. The records must be availablefor inspection by Federal Trade Commission staff members, or by personsauthorized by FTC. 
Duties of Retailers309.15 Posting ofnon-liquid alternative vehicle fuel rating. 
(a) If you are a retailer who offers for sale or sells non-liquidalternative vehicle fuel (other than electricity) to consumers, you must postthe fuel rating of each non-liquid alternative vehicle fuel.   If you area retailer who offers for sale or sells electricity to consumers through anelectric vehicle fuel dispensing system, you must post the fuel rating of theelectric vehicle fuel dispensing system you use. You must do this by putting atleast one label on the face of each fuel dispenser through which you sellnon-liquid alternative vehicle fuel. If you are selling two or more kinds ofnon-liquid alternative vehicle fuels with different fuel ratings from a singlefuel dispenser, you must put separate labels for each kind of non-liquidalternative vehicle fuel on the face of the fuel dispenser.   

(b)(1) The label, or labels, must be placed conspicuously on the fueldispenser so as to be in full view of consumers and as near as reasonablypractical to the price per unit of the non-liquid alternative vehicle fuel. 

(2) You may petition for an exemption from the placement requirements bywriting the Secretary of the Federal Trade Commission, Washington, DC 20580.You must state the reasons that you want the exemption. 

(c) If you do not blend non-liquid alternative vehicle fuels (other thanelectricity), you must post consistent with the fuel rating certified to you.If you blend non-liquid alternative vehicle fuel (other than electricity), youmust possess a reasonable basis, consisting of competent and reliable evidence,as required by 309.10(a), for the fuel rating that you post for the blend.  

(d)(1) You must maintain and replace labels as needed to make sure consumerscan easily see and read them.  

(2) If the labels you have are destroyed or are unusable or unreadable forsome unexpected reason, you may satisfy this part by posting a temporary labelas much like the required label as possible. You must still get and post therequired label without delay. 

(e) The following examples of fuel rating disclosures for CNG and hydrogenare meant to serve as illustrations of compliance with this part, but do notlimit the rule's coverage to only the mentioned non-liquid alternative vehiclefuels (other than electricity):   

(1) "CNG" "Minimum" "XXX%" "Methane"  

(2) "Hydrogen" "Minimum" "XXX%""Hydrogen" 

(f) The following example of fuel rating disclosures for electric vehiclefuel dispensing systems is meant to serve as an illustration of compliance withthis part:   "Electricity" "XX kW" "XXX vac/XXamps" "Inductive"   

(g) When you receive non-liquid alternative vehicle fuel (other thanelectricity), or an electric vehicle fuel dispensing system, from a commoncarrier, you also must receive from the common carrier a certification of thefuel rating of the non-liquid alternative vehicle fuel (other than electricity)or electric vehicle fuel dispensing system, 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. 
309.16Recordkeeping. 
You must keep for one year any delivery tickets, letters of certification,or other paper on which you based your posting of fuel ratings for non-liquidalternative vehicle fuels. You also must keep for one year records of any fuelrating determinations you made according to 309.10. If you rely for yourposting on a permanent marking or permanent label attached to the electricvehicle fuel dispensing system by the manufacturer, you must not remove ordeface the permanent marking or label. The required records, other than thepermanent marking or label on the electric vehicle fuel dispensing system, maybe kept at the retail outlet or at a reasonably close location. The records,including the permanent marking or label on each electric vehicle fueldispensing system, must be available for inspection by Federal Trade Commissionstaff members or by persons authorized by FTC. 
LabelSpecifications 309.17 Labels. 
All labels must meet the following specifications: 

(a) Layout:  

(1) Non-liquid alternative vehicle fuel (other than electricity) labels withdisclosure of principal component only. The label is 3" (7.62 cm) wide x 21/2" (6.35 cm) long. "Helvetica black" type is used throughout.All type is centered. The band at the top of the label contains the name of thefuel. This band should measure 1" (2.54 cm) deep. Spacing of the fuel nameis 1/4" (.64 cm) from the top of the label and 3/16" (.48 cm) fromthe bottom of the black band, centered horizontally within the black band. The firstline of type beneath the black band is 1/8" (.32 cm) from the bottom ofthe black band. All type below the black band is centered horizontally, with1/8" (.32 cm) between lines. The bottom line of type is 3/16" (.48cm) from the bottom of the label. All type should fall no closer than3/16" (.48 cm) from the side edges of the label. If you wish to change theformat of this single component label, you must petition the Federal TradeCommission. You can do this by writing to the Secretary of the Federal TradeCommission, Washington, DC 20580. You must state the size and contents of thelabel that you wish to use, and the reasons that you want to use it.   

(2) Non-liquid alternative vehicle fuel (other than electricity) labels withdisclosure of two components. The label is 3" (7.62 cm) wide x 2 1/2"(6.35 cm) long. "Helvetica black" type is used throughout. All typeis centered. The band at the top of the label contains the name of the fuel.This band should measure 1" (2.54 cm) deep. Spacing of the fuel name is1/4" (.64 cm) from the top of the label and 3/16" (.48 cm) from thebottom of the black band, centered horizontally within the black band. Thefirst line of type beneath the black band is 3/16" (.48 cm) from thebottom of the black band. All type below the black band is centeredhorizontally, with 1/8" (.32 cm) between lines. The bottom line of type is1/4" (.64 cm) from the bottom of the label. All type should fall no closerthan 3/16" (.48 cm) from the side edges of the label. If you wish to changethe format of this two component label, you must petition the Federal TradeCommission. You can do this by writing to the Secretary of the Federal TradeCommission, Washington, DC 20580. You must state the size and contents of thelabel that you wish to use, and the reasons that you want to use it.  

(3) Electric vehicle fuel dispensing system labels. The label is 3"(7.62 cm) wide x 2 1/2" (6.35 cm) long. "Helvetica black" typeis used throughout. All type is centered. The band at the top of the label containsthe common identifier of the fuel. This band should measure 1" (2.54 cm)deep. Spacing of the common identifier is 1/4" (.64 cm) from the top ofthe label and 3/16" (.48 cm) from the bottom of the black band, centeredhorizontally within the black band. The first line of type beneath the blackband is 3/16" (.48 cm) from the bottom of the black band. All type belowthe black band is centered horizontally, with 1/8" (.32 cm) between lines.The bottom line of type is 1/4" (.64 cm) from the bottom of the label. Alltype should fall no closer than 3/16" (.48 cm) from the side edges of thelabel.   

(b) Type size and setting:

(1) Labels for non-liquid alternative vehicle fuels (other than electricity)with disclosure of principal component only. All type should be set in uppercase (all caps) "Helvetica Black" throughout. Helvetica Black isavailable in a variety of computer desk-top and photo-typesetting systems. Itsname may vary, but the type must conform in style and thickness to the sampleprovided here. The spacing between letters and words should be set as"normal." The type for the fuel name is 50 point (1/2" (1.27 cm)cap height) knocked out of a 1" (2.54 cm) deep band. The type for thewords "MINIMUM" and the principal component is 24 pt. (1/4" (.64cm) cap height). The type for percentage is 36 pt. (3/8" (.96 cm) capheight).   

(2) Labels for non-liquid alternative vehicle fuels (other than electricity)with disclosure of two components. All type should be set in upper case (allcaps) "Helvetica Black" throughout. Helvetica Black is available in avariety of computer desk-top and photo-typesetting systems. Its name may vary,but the type must conform in style and thickness to the sample provided here.The spacing between letters and words should be set as "normal." Thetype for the fuel name is 50 point (1/2" 1.27 cm) cap height) knocked outof a 1" (2.54 cm) deep band. All other type is 24 pt. (1/4" (.64 cm)cap height).  

(3) Labels for electric vehicle fuel dispensing systems. All type should beset in upper case (all caps) "Helvetica Black" throughout. HelveticaBlack is available in a variety of computer desk-top and photo-typesettingsystems. Its name may vary, but the type must conform in style and thickness tothe sample provided here. The spacing between letters and words should be setas "normal." The type for the common identifier is 50 point(1/2" 1.27 cm) cap height) knocked out of a 1" (2.54 cm) deep band.All other type is 24 pt. (1/4"(.64 cm) cap height).   

Colors: The background color on the labels for all non-liquid alternativevehicle fuels (including electricity), and the color of the knock-out typewithin the black band, is Orange: PMS 1495. All other type is process black.All borders are process black. All colors must be non-fade.   

(d) **Contents**. The proper fuel rating for each non-liquidalternative vehicle fuel (including electricity) must be shown. No marks orinformation other than that called for by this part may appear on the labels. 

(e)**Special label protection.** All labels must be capable ofwithstanding extremes of weather conditions for a period of at least one year.They must be resistant to vehicle fuel, oil, grease, solvents, detergents, andwater.  

(f)**Illustrations of labels.** Labels must meet thespecifications in this section and look like the examples on pages 9-10, exceptthe black print should be on the appropriately colored background.