19684 Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Rules and Regulations 

provide the specific data elements 

required for the Transparency Act 

reporting of subawards and executive 

compensation [75 FR 43165]. 

Unfunded Mandates Reform Act of 

1995 

Pursuant to Title II of the Unfunded 

Mandates Reform Act of 1995, Public 

Law 104–4, NRCS assessed the affects of 

this rulemaking action on State, local, 

and Tribal governments, and the public. 

This action does not compel the 

expenditure of $100 million or more in 

any one year (adjusted by inflation) by 

any State, local, or Tribal governments, 

or anyone in the private sector; 

therefore, a statement under section 202 

of the Unfunded Mandates Reform Act 

of 1995 is not required. 

List of Subjects in 7 CFR Parts 622, 624, 

625, 1465 and 1470 

Administrative practice and 

procedures, Cooperative agreements, 

Farmers, Federal aid programs, 

Reporting and recordkeeping 

requirements. 

Accordingly, 7 CFR parts 622, 624, 

625, 1465, and 1470 are amended as 

follows: 

■ 1. The authority citation for part 622 

continues to read as follows: 

Authority: Pub. L. 83–566, 68 Stat. 666 as 

amended (16 U.S.C. 1001, et seq.); Pub. L. 

78–534, 58 Stat. 889, 33 U.S.C. 701b–1. 

■ 2. Section 622.30 is amended by 

adding a new paragraph (d) to read as 

follows: 

§ 622.30 General. 

* * * * * 

(d) Sponsors who receive financial 

assistance awarded after October 1, 

2010, must comply with applicable 

registration and reporting requirements 

of the Federal Funding Accountability 

and Transparency Act of 2006 (Pub. L. 

109–282, as amended), and 2 CFR parts 

25 and 170. 

* * * * * 

■ 3. The authority citation for part 624 

continues to read as follows: 

Authority: Sec. 216, Pub. L. 81–516, 33 

U.S.C. 701b–1; Sec. 403, Pub. L. 95–334, as 

amended, 16 U.S.C. 2203; 5 U.S.C. 301. 

■ 4. Section 624.6 is amended by 

revising paragraph (a)(2) to read as 

follows: 

§ 624.6 Program administration. 

(a) * * * 

(2) Sponsors must: 

(i) Contribute their share of the project 

costs, as determined by NRCS, by 

providing funds or certain services 

necessary to undertake the activity. 

Contributions that may be applied 

towards the sponsor’s applicable costshare of construction costs include: 

(A) Cash; 

(B) In-kind services such as labor, 

equipment, design, surveys, contract 

administration and construction 

inspection, and other services as 

determined by the State Conservationist; 

or 

(C) A combination of cash and in-kind 

services; 

(ii) Obtain any necessary real property 

rights, water rights, and regulatory 

permits; 

(iii) Agree to provide for any required 

operation and maintenance of the 

completed emergency measures; and 

(iv) Comply with applicable 

registration and reporting requirements 

of the Federal Funding Accountability 

and Transparency Act of 2006 (Pub. L. 

109–282, as amended), and 2 CFR parts 

25 and 170. 

* * * * * 

■ 5. The authority citation for part 625 

continues to read as follows: 

Authority: 16 U.S.C. 6571–6578. 

■ 6. Section 625.4 is amended by 

revising paragraph (b) to read as follows: 

§ 625.4 Program requirements. 

* * * * * 

(b) Landowner eligibility. To be 

eligible to enroll an easement in the 

HFRP, an individual or entity must: 

(1) Be the landowner of eligible land 

for which enrollment is sought; 

(2) Agree to provide such information 

to NRCS, as the agency deems necessary 

or desirable, to assist in its 

determination of eligibility for program 

benefits and for other program 

implementation purposes; and 

(3) Comply with applicable 

registration and reporting requirements 

of the Federal Funding Accountability 

and Transparency Act of 2006 (Pub. L. 

109–282, as amended), and 2 CFR parts 

25 and 170. 

* * * * * 

■ 7. The authority citation for part 1465 

continues to read as follows: 

Authority: 7 U.S.C. 1524(b). 

■ 8. Section 1465.5 is amended by 

revising paragraphs (c)(10) and (c)(11) 

and adding a new paragraph (c)(12) to 

read as follows: 

§ 1465.5 Program requirements. 

* * * * * 

(c) * * * 

(10) Be in compliance with the terms 

of all other USDA-administered 

conservation program agreements to 

which the participant is a party; 

(11) Develop and agree to comply 

with an APO and O&M agreement, as 

described in § 1465.3; and 

(12) Comply with applicable 

registration and reporting requirements 

of the Federal Funding Accountability 

and Transparency Act of 2006 (Pub. L. 

109–282, as amended), and 2 CFR parts 

25 and 170. 

* * * * * 

■ 9. The authority citation for part 1470 

continues to read as follows: 

Authority: 16 U.S.C. 3838d–3838g. 

■ 10. Section 1470.6 is amended by 

revising paragraphs (a)(4) and (a)(5) and 

adding a new paragraph (a)(6) to read as 

follows: 

§ 1470.6 Eligibility requirements. 

(a) * * * 

(4) Supply information, as required by 

NRCS, to determine eligibility for the 

program, including but not limited to, 

information related to eligibility 

requirements and ranking factors, 

conservation activity and production 

system records, information to verify the 

applicant’s status as a historically 

underserved producer, if applicable, 

and payment eligibility as established 

by 7 CFR part 1400; 

(5) Provide a list of all members of the 

legal entity and embedded entities along 

with members’ tax identification 

numbers and percentage interest in the 

entity. Where applicable, American 

Indians, Alaska Natives, and Pacific 

Islanders may use another unique 

identification number for each 

individual eligible for payment; and 

(6) Comply with applicable 

registration and reporting requirements 

of the Federal Funding Accountability 

and Transparency Act of 2006 (Pub. L. 

109–282, as amended), and 2 CFR parts 

25 and 170. 

* * * * * 

Signed this 31st day of March 2011, in 

Washington, DC. 

Dave White, 

Vice President, Commodity Credit 

Corporation and Chief, Natural Resources 

Conservation Service. 

[FR Doc. 2011–8368 Filed 4–7–11; 8:45 am] 

BILLING CODE 3410–16–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 306 

Automotive Fuel Ratings Certification 

and Posting 

AGENCY: Federal Trade Commission. 

ACTION: Final rule. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Rules and Regulations 19685 

1Federal Trade Commission: Automotive Fuel 

Ratings, Certification and Posting: Request for 

Public Comments, 74 FR 9054 (Mar. 2, 2009) 

(‘‘RPC’’). 

2Federal Trade Commission: Automotive Fuel 

Ratings, Certification and Posting: Notice of 

Proposed Rulemaking, 75 FR 12470 (Mar. 16, 2010) 

(‘‘NPRM’’). 

3The Rule already provides requirements for 

ethanol fuels with at least 70 percent concentration, 

E85. That fuel generally contains 85 percent ethanol 

mixed with 15 percent gasoline. 16 CFR 

306.0(i)(2)(ii). 

4Biodiesel fuels include pure biodiesel and 

biomass-based diesel, as well as blends of those 

fuels with conventional diesel. Biodiesel is a diesel 

fuel produced by transforming animal fat or 

vegetable oil into automotive fuel. Biodiesel serves 

as a diesel substitute and is usually blended with 

diesel for sale at retail pumps. Biomass-based diesel 

is a larger category of diesel fuel substitutes 

produced from nonpetroleum renewable resources 

and that meet the registration requirements for fuels 

and fuel additives established by the Environmental 

Protection Agency. Biodiesel is a subset of biomassbased diesel. For further background on biodiesel 

fuels, see the Commission’s announcement of 

amendments expanding the Rule to cover those 

fuels. Federal Trade Commission: Automotive Fuel 

Ratings, Certification and Posting: Final Rule on 

Biodiesel Labeling, 73 FR 40154 (Jul. 11, 2008) 

(‘‘Biodiesel Fuel Rulemaking’’). 

5Federal Trade Commission: Automotive Fuel 

Ratings, Certification and Posting: Final Rule, 44 FR 

19160 (Mar. 30, 1979). 

6Federal Trade Commission: Automotive Fuel 

Ratings, Certification and Posting: Final Rule, 58 FR 

41356 (Aug. 3, 1993). 

7 16 CFR 306.0(i)(2). 

8Biodiesel Fuel Rulemaking, 73 FR 40154. 

9ASTM International, formerly known as the 

American Society for Testing and Materials, 

develops international voluntary consensus 

standards for various products, including 

automotive fuel. See http://www.astm.org. 

10The Rule requires rating biodiesel fuels by the 

percentage of biodiesel or biomass-based diesel in 

the fuel. 

11The comments in response to the March 2, 

2009 Federal Register Notice are located at: 

http://www.ftc.gov/os/comments/fuelratingreview/ 

index.shtm. 

SUMMARY: The Commission issues final 

amendments to its Rule for Automotive 

Fuel Ratings, Certification and Posting 

(‘‘Fuel Rating Rule’’ or ‘‘Rule’’) by 

allowing an alternative octane rating 

method and making other miscellaneous 

revisions. The Commission declines to 

issue final ethanol labeling amendments 

at this time. 

DATES: The amendments published in 

this document will become effective 

May 31, 2011. The incorporation by 

reference of certain publications listed 

in the rule is approved by the Director 

of the Federal Register as of May 31, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Wilshire, (202) 326–2976, 

Attorney, Division of Enforcement, 

Bureau of Consumer Protection, Federal 

Trade Commission, 600 Pennsylvania 

Avenue, NW., Washington, DC 20580. 

SUPPLEMENTARY INFORMATION

I. Introduction 

In 2009, the Commission solicited 

comments on its Fuel Rating Rule as 

part of a systematic review of its rules 

and guides.1 In response to those 

comments, the Commission published a 

Notice of Proposed Rulemaking 

(‘‘NPRM’’) 2 on March 16, 2010, 

proposing: (1) An alternative octane 

rating method; (2) new rating, 

certification, and labeling provisions for 

blends of gasoline with more than 10 

percent ethanol (‘‘ethanol fuels’’); 3 and 

(3) miscellaneous minor amendments. 

In addition, the Commission declined to 

revise the Rule’s provisions regarding 

fuels containing biodiesel and biomassbased diesel (collectively, ‘‘biodiesel 

fuels’’).4

Commenters supported the proposed 

octane rating method, suggested 

allowing an additional octane rating 

method, objected to several aspects of 

the proposed ethanol labeling 

requirements, argued for revision of the 

Rule’s biodiesel fuel provisions, and 

recommended further miscellaneous 

changes. Below, the Commission 

responds to those comments and 

announces final amendments that allow 

an alternative octane rating method. 

The final amendments do not address 

ethanol fuel labeling. Instead, the 

Commission will address this issue at a 

later date. As discussed below, 

commenters criticized the proposed 

labels, supporting different or additional 

disclosures to prevent misfueling. 

Moreover, after the comment period 

closed, the Environmental Protection 

Agency (‘‘EPA’’) issued a waiver 

pursuant to the Clean Air Act that 

allows use of ethanol-gasoline blends of 

up to 15 percent ethanol concentration 

(‘‘E15’’) in certain conventional vehicles, 

subject to EPA approval. In light of the 

comments and EPA’s waiver decision, 

the Commission finds that more time is 

necessary to address this issue. The 

Commission, however, will not delay 

final rulemaking regarding the proposed 

alternate octane rating method and 

biodiesel fuels because announcing final 

decisions regarding both is in the public 

interest. 

This document first provides 

background on the Fuel Rating Rule, 

then discusses the comments submitted. 

Finally, it responds to those comments 

and describes the final amendments in 

detail. 

II. Background 

A. The Fuel Rating Rule 

The Commission first promulgated 

the Fuel Rating Rule, 16 CFR part 306 

(then titled the ‘‘Octane Certification 

and Posting Rule’’), in 1979 in 

accordance with the Petroleum 

Marketing Practices Act (‘‘PMPA’’), 15 

U.S.C. 2801 et seq.5 The Rule originally 

applied only to gasoline. In 1993, 

pursuant to amendments to PMPA, the 

Commission expanded the Rule to cover 

liquid alternative fuels.6 Currently, the 

Rule defines ‘‘alternative liquid 

automotive fuels,’’ as including, but not 

limited to, certain listed fuels. That list 

does not include ethanol fuels below 70 

percent concentration (‘‘Mid-Level 

Ethanol blends’’).7 In 2008, the 

Commission again amended the Rule to 

incorporate specific labeling 

requirements for biodiesel fuels above 

5 percent concentration, as required by 

Section 205 of the Energy Independence 

and Security Act of 2007 (‘‘EISA’’), 42 

U.S.C. 17021.8

The Fuel Rating Rule designates 

methods for rating and certifying fuels, 

as well as posting the ratings at the 

point of sale. The Rule also requires 

refiners, importers, and producers of 

any liquid automotive fuel to determine 

that fuel’s ‘‘automotive fuel rating’’ 

before transferring it to a distributor or 

retailer. For gasoline, covered entities 

must determine the octane rating by 

deriving research octane and motor 

octane numbers using ‘‘ASTM 

International’’ (‘‘ASTM’’) 9 standards 

D2699 and D2700, respectively, and 

then averaging the results. For 

alternative fuels, except biodiesel fuels, 

the rating is the minimum percentage of 

the principal component of the fuel and 

a brief description of the fuel.10 In 

addition, any covered entity, including 

a distributor, that transfers a fuel must 

certify the fuel’s rating to the transferee 

either by including it in papers 

accompanying the transfer or by letter. 

Finally, the Rule requires retailers to 

post the fuel rating by adhering a label 

to the retail fuel pump and provides 

precise specifications regarding the 

content, size, color, and font of the 

label. 

B. Procedural History 

The Commission received 12 

comments in response to its March 2, 

2009 Federal Register Notice.11 The 

comments generally supported the Rule 

but proposed several amendments, 

focusing on three key issues. First, 

commenters requested that the 

Commission allow gasoline octane 

rating using a method specified in 

ASTM D2885, ‘‘Standard Test Method 

for Determination of Octane Number of 

Spark-Ignition Engine Fuels by On-Line 

Direct Comparison Technique’’ (the ‘‘OnVerDate Mar<15>2010 16:34 Apr 07, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\08APR1.SGM 08APR1

wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
19686 Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Rules and Regulations 

12NPRM, 75 FR at 12472. 13 Id. at 12471–72. 14 Id. at 12472–73. Commenters also proposed 

several minor miscellaneous changes to the Rule. 15The Rule currently provides specific 

requirements for E85, a mix of gasoline and ethanol. 

Although that fuel generally contains 85 percent 

ethanol, retailers may reduce the ethanol 

component to as little as 70 percent to allow proper 

starting and performance in colder climates. 

16NPRM, 75 FR at 12474. 17 Id. at 12474–75. 18 Id. at 12475. 

19 Id. The three labeling categories are: (1) From 

above 5 to no more than 20 percent; (2) above 20 

percent to less than 100 percent; and (3) 100 

percent. 16 CFR 12(a)(4)–(9). 

20NPRM, 75 FR at 12475. 

21The comments are located at: http:// 

www.ftc.gov/os/comments/fuelratingnprm. 

22ConocoPhillips comment at 1; API comment at 

7; Marathon comment at 2; NPRA comment at 2. 

23Marathon comment at 2; NPRA comment at 2. 

The Tennessee Department of Agriculture generally 

supported adopting ASTM standards without 

reference to a year of publication. Tennessee 

Department of Agriculture comment at 3. 

24Tesoro comment at 1. Tesoro also submitted 

additional documents to Commission staff during 

the comment period, which are included in the 

record. 

25 Id. at 1–2. 

26 Id. at 2. 

27 Id. at 4. 

28 Id. at 6. 

29 Id. at 7. 

30 Id. at 8. Petroleum industry members and 

representatives ConocoPhillips, Flint Hills 

Resources LP, Marathon, Suncor Energy USA, 

NPRA, and Valero Energy Corporation (‘‘Valero’’) 

also supported the Infrared Method. ConocoPhillips 

comment at 2; Flint Hills Resources comment; 

Marathon comment at 2; Suncor Energy USA 

comment; NPRA comment at 3; Valero comment at 

1. 

31Washington State Department of Agriculture 

comment; see also Massachusetts Division of 

Standards comment (supporting the Infrared 

Method); Nevada Department of Agriculture 

comment (same); North Carolina Department of 

Line Method’’).12 Second, several 

commenters supported new labeling 

requirements for Mid-Level Ethanol 

blends to prevent consumers from using 

those blends in their conventional cars, 

which would put their warranties at risk 

and could harm various vehicle 

components.13 Finally, commenters 

urged the Commission to change its 

biodiesel fuel provisions in two ways: 

(1) By requiring producers to rate 

biodiesel blends at or below 5 percent 

concentration; and (2) by exempting 

biomass-based diesel from the Rule.14

On March 16, 2010, the Commission 

published an NPRM responding to the 

commenters’ suggestions and proposing 

four substantive Rule amendments. 

First, to allow Mid-Level Ethanol blend 

labeling above 10 percent and below 50 

percent concentration, the proposed 

amendments would have required rating 

ethanol fuels by the amount of ethanol 

in the blend, rather than by the 

principal component of the fuel. 

Second, the proposed amendments 

would have required retailers to post 

labels disclosing a Mid-Level Ethanol 

blend’s ethanol content by displaying a 

broad range of ‘‘10 to 70 percent 

ethanol,’’ a narrower range, or a specific 

percentage. Third, the proposed 

amendments would have required all 

ethanol fuel labels, including those for 

E85,15 to contain the additional 

disclosures ‘‘may harm some vehicles’’ 

and ‘‘check owner’s manual.’’ In the 

NPRM, the Commission explained that 

‘‘[t]his additional information should 

assist consumers in identifying the 

proper fuel for their vehicles.’’ 16 Fourth, 

the proposed amendments would have 

allowed the On-Line Method. After 

reviewing ASTM D2885, the 

Commission agreed that the method 

yielded the same results as the method 

the Rule currently allows.17 Finally, the 

Commission proposed minor 

miscellaneous amendments, which 

included updating certain ASTM 

standard references, modifying the Rule 

language for clarification, and 

addressing some typographical errors.18

The Commission did not propose 

revising the Rule’s biodiesel fuel 

provisions. The Commission explained 

that rating blends at or below 5 percent 

would unnecessarily burden producers. 

Furthermore, the Commission noted, 

retailers that blended biodiesel could 

either test the resulting blend, or blend 

in a manner that would ensure that the 

fuel fell within one of the Rule’s three 

biodiesel labeling categories, and, 

therefore, did not need rating 

information to comply with the Rule.19

With respect to biomass-based diesel, 

the Commission explained that, under 

EISA, it had no discretion to exempt any 

biomass-based diesel from the Rule’s 

labeling requirements.20

III. Comments in Response to the 

NPRM 

The Commission received 62 

comments in response to the NPRM.21

As in the prior comment period, 

commenters focused on octane rating 

methods, ethanol labeling, and biodiesel 

fuel rating. They also proposed several 

minor miscellaneous changes to the 

Rule. 

A. Octane Rating 

The American Petroleum Institute 

(‘‘API’’), ConocoPhillips, Marathon 

Petroleum Company, LLC (‘‘Marathon’’), 

and the National Petrochemical & 

Refiners Association (‘‘NPRA’’) 

addressed the Commission’s proposal to 

allow octane rating through the On-Line 

Method. All supported the proposal, 

though API and Marathon noted that the 

ASTM standards referenced in the 

proposed amendments are now 

outdated.22 To prevent this problem in 

the future, Marathon and NPRA 

suggested adopting ASTM D2885 

without reference to a year.23

Tesoro, a manufacturer and marketer 

of petroleum products, suggested 

expanding the Rule’s provisions to 

allow octane rating through infrared 

analyzers (‘‘Infrared Method’’), which 

Tesoro asserted ‘‘provide more reliable 

results.’’ 24 Tesoro argued that the 

Infrared Method provides more precise 

and accurate results, an ability to 

sample gasoline more efficiently, and 

reduced costs to industry.25

Specifically, Tesoro reported: 

A recent interlaboratory study was 

conducted to demonstrate the accuracy and 

precision of infrared analyzers for octane. 

Based on the results of that study involving 

six laboratories, near infrared analyzers 

showed significantly better precision over 

ASTM D2699 and D2700 octane [methods].26

Tesoro further reported that, due in part 

to greater reliability, ‘‘[o]ver 25 states 

use infrared analyzers for screening fuel 

samples [to test octane levels] in the 

field as well as in the laboratory.’’ 27

Tesoro also specifically addressed the 

enforcement issues surrounding the 

Infrared Method: 

We also believe that in case of a 

discrepancy between the posted octane rating 

and the octane of the sample, ASTM D2699 

and ASTM D2700 should continue to be used 

as the referee method. This approach, which 

is consistent with the enforcement approach 

used by State regulatory agencies, should not 

impose any additional enforcement burden 

on the Commission—since ASTM D2699 and 

ASTM D2700 would continue to be the 

referee method.28

As a mechanism for allowing the 

Infrared Method through an enforceable 

Rule provision, Tesoro recommended 

amending the Rule to allow the method 

only insofar as the method conforms to 

ASTM D6122, ‘‘Standard Practice for 

Validation of the Performance of 

Multivariate Infrared 

Spectrophotometers,’’ and is specifically 

correlated with the ASTM D2699 and 

D2700 methods.29 In addition, Tesoro 

submitted specific language to effect its 

proposed change.30

Several State regulators supported 

Tesoro’s proposal. For example, the 

Washington State Department of 

Agriculture reported that it ‘‘has used 

portable infrared octane analyzers 

successfully in the field to test octane 

levels on gasoline motor fuels for over 

10 years’’ and that it has ‘‘found portable 

infrared analyzers to be an accurate and 

low cost tool in determining octane 

level compliance.’’ 31 Additionally, the 


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Agriculture and Consumer Services comment 

(same). 

32NCWM comment at 3–4. 

33CAS comment at 2. 

34PMAA comment at 2. 

35ConocoPhillips comment at 2. In addition, API 

favored requiring entities to rate biodiesel blends at 

5 percent or less concentration, but suggested rating 

the fuel as simply containing biodiesel rather than 

an exact percentage rating. API comment at 7. 

36Renewable diesel is a diesel fuel derived from 

organic material. The fuel’s properties satisfy ASTM 

D975, the standard for conventional diesel fuel. See 

NPRM, 75 FR at 40155. 

37Marathon comment at 3; see also Valero 

comment at 1; API comment at 9. 

38NPRA comment at 2. 

39API comment at 9–10. 

40 Id. at 8. 

41 Id. In addition to the issues discussed in this 

section, Marathon opined that labeling 

requirements should not apply to biodiesel blends 

at or below 5 percent concentration. Marathon 

comment at 3. The Rule currently exempts such 

blends from labeling, and, as discussed below, the 

final amendments do not alter that exemption. 

42API comment at 6. 

43 Id. at 7. 

National Conference on Weights and 

Measures (‘‘NCWM’’) provided a survey 

showing that 17 of 24 regulatory 

agencies surveyed use the Infrared 

Method to determine if fuel dispensed 

at a pump has the same octane rating as 

posted on the label.32

Significantly, the Center for Auto 

Safety (‘‘CAS’’), a consumer group, also 

supported Tesoro’s position. CAS 

explained that allowing the method 

would ease enforcement and, therefore, 

benefit consumers: 

Many States now use infrared analyzers to 

determine octane because they are cheaper, 

more accurate and permit greater number[s] 

of dispensing pump inspections per day than 

using octane engines. * * * Approving 

infrared analyzers calibrated to measure 

octane would allow greater levels of 

enforcement and increased quality control by 

refiners at lower cost.33

B. Biodiesel Fuels 

Six commenters addressed the Rule’s 

biodiesel fuel provisions. Generally, 

these commenters disagreed with the 

Commission’s decision not to propose 

amendments to those provisions and 

urged reconsideration. The commenters 

supported rating biodiesel blends 

containing 5 percent or less biodiesel, 

exempting ‘‘renewable diesel’’ that 

qualifies as biomass-based diesel, and 

allowing a less precise content 

disclosure for biodiesel blends above 20 

percent concentration. 

The Petroleum Marketers Association 

of America (‘‘PMAA’’) explained why it 

believed rating blends less than 5 

percent concentration is necessary: 

Currently, distributors and retailers are 

receiving biodiesel blends from suppliers in 

which they have no idea of the actual 

biodiesel content. Therefore, it is impossible 

for these downstream parties to accurately 

notify consumers [of] the biodiesel content of 

the fuel they are offering for sale other than 

providing a possible blend range. * * * 97% 

of all retail gasoline stations are owned by 

petroleum marketers who are classified as 

small businesses under the U.S. Small 

Business Administration’s size standards. 

Refiners, producers and distributors above 

the terminal rack are large businesses. * * * 

It would be entirely appropriate to shift this 

compliance burden to the large businesses 

who are not only more able to bear the 

burden but also in a better position to track 

and notify the amount of biodiesel they are 

adding to product upstream of the terminal 

rack.34

Fuel producer ConocoPhillips similarly 

favored such rating, asserting that it 

would alert all fuel recipients of the 

biodiesel content.35

Although the comments that 

addressed the issue favored expanding 

the Rule’s biodiesel requirements, they 

favored abolishing the Rule’s 

requirements to rate, certify, and post 

renewable diesel, a type of biomassbased diesel.36 The commenters 

asserted that disclosing the presence of 

renewable diesel is unnecessary 

because, as Marathon stated, it ‘‘can not 

be distinguished from’’ petroleum diesel 

and ‘‘[t]here is no ASTM method to 

identify the volume of renewable diesel 

in a [blend].’’ 37 In addition, NPRA 

asserted that because pipelines do not 

segregate biomass-based diesel blends 

from conventional diesel, rating 

requirements ‘‘would be disruptive to 

the distribution industry.’’ 38 Therefore, 

the commenters concluded, retailers 

cannot rate a biomass-based diesel 

blend, and rating is unnecessary. 

In addition, API asserted that it is 

unclear whether the relevant statute 

defines renewable diesel as biomassbased diesel. Specifically, it argued that 

whether a particular batch of renewable 

diesel met EISA’s definition of biomassbased diesel depended on how a 

manufacturer processed it. Thus, 

according to API, the Rule would 

require different labeling for two 

different batches of the exact same fuel, 

an outcome API described as 

‘‘absurd.’’ 39

Finally, API suggested loosening the 

Rule’s requirements for over 20 percent 

concentration biodiesel blends. 

Specifically, it favored amending the 

Rule, which currently requires 

disclosure of the precise volume 

percentage, to allow disclosure of a 

percentage range similar to that 

proposed in the NPRM for Mid-Level 

Ethanol blends.40 API argued that a 

range disclosure would ‘‘effectively 

alert[ ] the consumer to the presence of 

biodiesel’’ in the fuel.41

C. Ethanol Fuel Labeling 

A majority of the commenters 

submitted views and evidence regarding 

the proposed ethanol fuel labeling 

disclosures. Generally, the commenters 

objected to the proposed labels’ 

disclosures. Several commenters, 

including an association of ethanol 

producers, argued that the labels 

unfairly conveyed a negative message 

about the fuel’s quality, with two of 

those commenters asserting that the 

proposed disclosures were beyond the 

Commission’s authority under PMPA. In 

contrast, other commenters argued that 

the risks from ethanol misfueling 

necessitated a stronger and more precise 

disclosure regarding the amount of 

ethanol in the fuel and the suitability of 

such fuel for various vehicles or 

engines. 

As discussed below, the Commission 

is not announcing ethanol labeling 

amendments at this time. Therefore, this 

document will not analyze the ethanol 

labeling comments in depth. 

D. Miscellaneous Issues 

Several comments raised 

miscellaneous issues. First, as discussed 

above, Tesoro and other commenters 

noted out-of-date ASTM references in 

the Rule. Second, API argued that the 

Rule should not require a Helvetica 

Black font but rather allow any legible 

block type font because Microsoft Word 

does not offer Helvetica Black.42 Third, 

API also noted its opposition to any 

provision that would impose liability 

for misfueling.43 Finally, the Alliance of 

Automobile Manufacturers suggested 

revising the biodiesel fuel definitions to 

make clear that the Rule covers blends 

of biodiesel and biomass-based diesel 

and suggested a series of edits (e.g., 

changing ‘‘a percentage’’ to ‘‘the 

percentage’’ in a Rule definition) to 

ensure consistency. 

IV. Final Rule Amendments 

After considering the record, the 

Commission now issues final Rule 

amendments. Specifically, the 

Commission will issue amendments 

allowing octane rating through the OnLine Method and adopting several 

minor, miscellaneous amendments. In 

addition, the Commission retains the 

Rule’s biodiesel fuel provisions in their 

current form. 

At this time, the Commission declines 

to issue ethanol fuel amendments 

because further consideration of the 

comments and EPA’s recent waiver 

decision is necessary. The Commission 

also declines to issue amendments 


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44As explained below, however, the Commission 

will consider publishing a separate notice of 

proposed rulemaking addressing the Infrared 

Method and ethanol octane rating. 

45See ASTM D2885, Standard Test Method for 

Determination of Octane Number of Spark-Ignition 

Engine Fuels by On-Line Direct Comparison 

Technique, available for inspection at the FTC’s 

public reference room. Notably, D2885 provides 

that the On-Line Method will produce ‘‘octane 

numbers’’ as that term is defined in D2699 and 

D2700. See id. at § 5.3. 

46 42 U.S.C. 17021(c)(4) (defining biodiesel and 

biomass-based diesel blends as blended with 

‘‘petroleum-based diesel fuel’’). 

47The Commission also amends §§ 306.0(b), (i), 

(j), and (l); 306.5; and 306.12(b) to correct 

typographical errors, and § 306.0(i) for clarification 

by eliminating the subsection number (3) and 

replacing that with ‘‘provided, however.’’ 

48API’s comment is unclear regarding how broad 

a range the Commission should permit. Currently, 

the Rule requires disclosure of an exact percentage. 

49See 42 U.S.C. 17021(b)(1) (biomass-based 

diesels and biodiesel blends of no more than 5 

percent concentration ‘‘shall not require any 

additional labels’’). 

50Section 205 provides that ‘‘[e]ach retail diesel 

fuel pump shall be labeled in a manner that informs 

consumers of the percent of biomass-based diesel or 

biodiesel that is contained in the biomass-based 

diesel blend or biodiesel blend that is offered for 

sale,’’ and that all blends over 5 percent ‘‘shall be 

labeled’’ either ‘‘contains biomass-based diesel or 

biodiesel in quantities between 5 percent and 20 

percent’’ or ‘‘contains more than 20 percent 

biomass-based diesel or biodiesel.’’ 42 U.S.C. 

17021(b); see also Biodiesel Fuel Rulemaking, 75 FR 

at 12475. 

allowing the Infrared Method or 

addressing ethanol octane rating 

because the record is not complete 

regarding those issues.44

A. On-Line Method for Octane Rating 

The NPRM proposed allowing octane 

rating through the On-Line Method as 

specified in ASTM D2885. The Rule 

currently requires use of octane rating 

methods specified in ASTM D2699 and 

D2700. PMPA, however, authorizes the 

Commission to consider other methods. 

The On-Line Method detailed in ASTM 

D2885 produces the exact same octane 

rating as the D2699 and D2700 

methods.45 Moreover, four commenters 

supported the proposed change, and 

none objected. Accordingly, the final 

amendments adopt the NPRM’s 

amendment allowing octane rating 

through the On-Line Method. 

B. Miscellaneous Amendments 

Commenters raised several 

miscellaneous issues. First, some 

commenters noted that the current Rule 

and the proposed amendments contain 

outdated ASTM references. 

Accordingly, the final amendments 

update all ASTM references, including 

those proposed in the NPRM. The 

Commission does not, however, amend 

the Rule to adopt these standards 

without reference to a publication year, 

as suggested by some commenters. 

Doing so would incorporate those 

standards as they change over time. If a 

referenced ASTM standard changed in 

an unanticipated way, it could change 

the Rule’s meaning without public 

notice and comment, or consideration 

by the Commission. Second, one 

commenter opposed any provision 

imposing liability for misfueling. 

Nothing in the Rule or the final 

amendments imposes such liability. 

Third, API noted that Helvetica Black 

font is not universally available. The 

final amendments, therefore, allow 

Helvetica Black or equivalent type. 

Finally, AAM suggested several 

technical amendments, including 

revisions to the biodiesel fuel 

definitions to make clear that the Rule 

covers blends of biodiesel and biomassbased diesel. Although the Commission 

does not intend to exclude such blends, 

the definitions of those fuels are 

prescribed by EISA and, therefore, the 

Commission declines to alter them.46

The amendments incorporate AAM’s 

other technical suggestions, except 

those regarding the proposed ethanol 

amendments. 

In addition to the commenters’ 

suggested changes, the Commission 

amends the Rule’s labeling 

specifications to address an 

inconsistency. Section 306.12(b)(2) 

requires all uppercase type for labels for 

all alternative fuels. Sections 

306.12(a)(4) through (9), however, 

require some lowercase type on 

biodiesel fuel labels. The Commission, 

therefore, amends § 306.12(b)(2) to make 

clear that its all-caps requirement does 

not apply to labeling requirements for 

biodiesel fuels.47

C. Biodiesel 

Several commenters urged the 

Commission to make three changes to 

the Rule’s biodiesel fuel provisions. 

First, they reiterated an earlier request 

to require rating and certification of 

biodiesel blends at or below 5 percent 

concentration. Second, they asked the 

Commission to reconsider excluding 

biomass-based diesel (or at least a 

certain type of biomass-based diesel) 

from the Rule. Finally, API supported 

allowing a biodiesel content disclosure 

using a broad range.48 As explained 

below, the Commission declines to 

make any of these changes. 

1. Rating and Certifying Biodiesel 

Blends of 5 Percent or Less 

Concentration 

In the NPRM, the Commission 

declined to propose amendments 

subjecting biodiesel blends at or below 

5 percent concentration to the Rule’s 

rating and certification requirements. 

The Commission explained that doing 

so would unnecessarily burden 

producers and distributors by requiring 

them to rate fuel that does not require 

a label under EISA 49 and that retailers 

blending biodiesel did not need such 

rating and certifications to comply with 

the Rule. The comments did not 

challenge these conclusions. However, 

they did note that the Rule currently 

places the rating burden on blending 

retailers, which are generally small 

businesses, and argued that the 

Commission should shift the burden to 

producers and refiners that presumably 

could absorb the burden more easily. 

Although the Rule may burden small 

businesses, adopting the proposed 

change would increase the overall rating 

burden on industry. Currently, the Rule 

does not require rating or labeling of 

blends at or below 5 percent 

concentration. Under the commenters’ 

proposed change, however, all 

manufacturers would have to rate these 

blends regardless of whether retailers 

would eventually use them to create a 

fuel subject to the Rule. The 

commenters have not provided evidence 

showing that the burden on retailers 

who blend a fraction of this fuel would 

be greater than the burden they propose 

putting on manufacturers to rate all of 

it. Therefore, the Commission declines 

to require such rating. 

2. Exempting Biomass-Based or 

Renewable Diesel From the Rule 

In the NPRM, the Commission 

explained that it cannot exempt 

biomass-based diesel blends or provide 

for different labels because Section 205 

of EISA specifically requires labels for 

all biomass-based diesel blends above 5 

percent concentration.50 Thus, the 

Commission has no discretion to 

exempt biomass-based diesel from 

labeling requirements, regardless of the 

properties of the fuel or its purported 

suitability for all diesel engines. 

In response, API argued that, 

depending on how they are processed, 

certain renewable diesel blends would 

meet the statutory definition of 

‘‘biomass-based diesel’’ and other 

renewable diesel blends with the exact 

same properties would not. API 

characterized this result as ‘‘absurd.’’ 

However, API’s interpretation of the law 

appears to rest on a misreading of EISA. 

Specifically, API relies on a definition 

of ‘‘biomass-based diesel’’ from Section 

201 of EISA, but a different section of 

EISA defines ‘‘biomass-based diesel’’ for 

labeling purposes. Specifically, 42 

U.S.C. 17021, which is titled ‘‘BiomassVerDate Mar<15>2010 14:58 Apr 07, 2011 Jkt 223001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\08APR1.SGM 08APR1

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51 42 U.S.C. 17021(c)(2) (incorporating the 

definition in 42 U.S.C. 13220(f)). 

52Biodiesel Fuel Rulemaking, 73 FR at 40158. 

53 Id. 

54See Environmental Protection Agency: Partial 

Grant and Partial Denial of Clean Air Act Waiver 

Application Submitted by Growth Energy to 

Increase the Allowable Ethanol Content of Gasoline 

to 15 Percent; Decision of the Administrator, 75 FR 

68094 (Nov. 4, 2010) (‘‘Waiver Decision’’). 

55 ‘‘Light-duty’’ vehicles include passenger cars, 

light-duty trucks, and medium-duty passenger 

vehicles. See id. at 68095. 

56 Id. 

57Environmental Protection Agency, Partial Grant 

of Clean Air Act Waiver Application Submitted by 

Growth Energy to Increase the Allowable Ethanol 

Content of Gasoline to 15 Percent; Decision of the 

Administrator, 76 FR 4662 (Jan. 26, 2011). 

58Waiver Decision, 75 FR at 68149–50. 

59 Id. at 68150. 

60Environmental Protection Agency, Regulation 

to Mitigate the Misfueling of Vehicles and Engines 

with Gasoline Containing Greater than Ten Volume 

Percent Ethanol and Modifications to the 

Reformulated and Conventional Gasoline Programs, 

75 FR 68044, 68051 (Nov. 4, 2010). 

61A second document is necessary because the 

Commission cannot propose further amendments in 

a final rule announcement. 

62See the Fuel Rating Rule’s recordkeeping 

requirements, 16 CFR 306.7; 306.9; and 306.11. 

based Diesel and Biodiesel Labeling,’’ 

defines biomass-based diesel as any 

‘‘diesel fuel substitute produced from 

nonpetroleum renewable resources that 

meets the registration requirements for 

fuels and fuel additives established by 

the Environmental Protection Agency,’’ 

without limitation, including 

limitations regarding co-processing.51

Thus, all renewable diesel blends 

discussed in the record are ‘‘biomassbased diesel blends’’ under EISA, and 

there is no inconsistency in treatment. 

Therefore, the Commission declines to 

make the requested change. 

3. Allowing a Range Disclosure for 

Biodiesel Blends Above 20 Percent 

Concentration 

The Commission also declines to 

adopt API’s suggestion to rescind the 

Rule’s requirement to disclose the 

precise percentage of biodiesel for fuels 

over 20 percent concentration. As the 

Commission explained when it first 

announced the Rule’s biodiesel 

provisions, the performance of biodiesel 

blends containing more than 20 percent 

biodiesel is uncertain and can vary 

significantly.52 The Commission further 

noted that this requirement provides 

information of interest to consumers 

who favor a fuel blend with a high 

percentage of non-petroleum 

components.53 Therefore, the 

Commission retains the specific 

percentage designation requirement for 

biodiesel blends of more than 20 

percent. 

D. Ethanol 

In the NPRM, the Commission 

proposed new rating and certification 

requirements for Mid-Level Ethanol 

blends and new labeling requirements 

for all ethanol fuels. Specifically, the 

proposed amendments would have 

required rating and certifying Mid-Level 

Ethanol blends by their ethanol content 

and labeling all ethanol fuels with the 

statements: 

• MAY HARM SOME VEHICLES 

• CHECK OWNER’S MANUAL 

The proposed amendments also would 

have required Mid-Level Ethanol blend 

labels to contain a content disclosure 

that the fuel contained between 10 to 70 

percent ethanol (i.e., ‘‘10%–70% 

ETHANOL’’), a narrower range, or the 

precise amount of ethanol in the blend. 

As noted above, commenters 

generally criticized the proposed 

disclosures as unfairly denigrating 

ethanol or as insufficiently specific to 

prevent misfueling. In addition, after the 

FTC’s Fuel Rating Rule comment period 

closed, EPA issued a Clean Air Act 

waiver allowing E15, which the 

proposed amendments defined as a 

Mid-Level Ethanol blend, in certain 

conventional vehicles.54 Specifically, in 

November 2010, EPA granted a waiver 

allowing E15 to be used in light-duty 55

conventional vehicles, model years 2007 

and later.56 EPA extended the waiver in 

January 2011 to include light-duty 

conventional vehicles, model years 2001 

and later.57

However, EPA placed two significant 

conditions on its waiver. First, the fuel 

must meet certain fuel quality 

standards.58 Second, as part of EPA’s 

efforts to limit E15 use to only certain 

conventional vehicles, the waiver 

requires E15 manufacturers to submit a 

plan for preventing misfueling. Their 

plan must include ‘‘[r]easonable 

measures for ensuring that any retail 

fuel pump dispensers that are 

dispensing [E15] are clearly labeled for 

ensuring that consumers do not 

misfuel.’’ 59 In a separate Federal 

Register document, EPA proposed the 

following E15 label disclosure: 

CAUTION ! 

This fuel contains 15% ethanol maximum 

Use only in: 

2007 and newer gasoline cars 

2007 and newer light-duty trucks 

Flex-fuel vehicles 

This fuel might damage other vehicles. 

Federal law prohibits its use in other 

vehicles and engines.60

In light of the comments and EPA’s 

waiver decision, the Commission finds 

that more time is necessary to address 

ethanol labeling. 

E. The Infrared Method and E15 Octane 

Rating, Certification, and Posting 

Although the NPRM did not propose 

octane rating methods other than the 

On-Line Method, many commenters, 

including State regulators and the 

consumer group CAS, supported 

allowing the Infrared Method because it 

is more accurate than currently 

prescribed methods, less expensive, 

subject to an ASTM standard, and 

enables easy enforcement. In addition, 

commenters urged the Commission to 

require octane labels for E15 to assist 

owners of conventional cars that require 

higher-octane fuel (e.g., 93 octane). 

However, at this time the Commission 

declines to amend the Rule to allow the 

Infrared Method or address E15 octane 

labeling because the record is 

incomplete. Specifically, all parties that 

may have relevant information and 

views on such amendments have not 

had the opportunity to comment. 

Accordingly, the Commission will 

consider proposing these changes in a 

separate notice of proposed rulemaking, 

which will afford opportunity to 

comment to all interested parties.61

V. Paperwork Reduction Act 

The Fuel Rating Rule’s octane rating 

and certification requirements 

constitute a ‘‘collection of information’’ 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521) (‘‘PRA’’). 

Specifically, under the final 

amendments, refiners, importers, and 

producers of gasoline must determine 

the fuel’s octane rating, and then certify 

that rating to any transferee. 

Furthermore, they must retain, for one 

year, records of any delivery tickets, 

letters of certification, or tests upon 

which they based the automotive fuel 

ratings that they certify.62 The covered 

parties also must make these records 

available for inspection by staff of the 

Commission and EPA or by persons 

authorized by those agencies. 

In its NPRM, the Commission 

estimated that the proposed 

amendments would impose additional 

recordkeeping and disclosure burdens. 

However, the Commission based those 

estimates on the proposed amendments 

related to rating, certifying, and labeling 

ethanol fuels. The Commission believes 

that the final amendments do not 

impose any additional burdens or costs 

as they provide an alternate octane 

rating method (i.e., the On-Line 

Method), but do not require it. The final 

amendments would still allow entities 

to rate octane as they did under the 

unamended Rule. Therefore, the 

Commission concludes that there are no 


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63See 5 U.S.C. 603–605. 

incremental hours or cost burden 

related to these amendments. 

Accordingly, the Commission believes 

that the final octane amendments will 

not impose any additional 

recordkeeping or disclosure burden. If 

the Commission issues final 

amendments regarding ethanol rating, 

certification, and labeling, it will reexamine the NPRM’s burden estimates 

of those amendments. 

VI. Regulatory Flexibility Act 

The Regulatory Flexibility Act, 5 

U.S.C. 601–612, requires an agency to 

provide a Final Regulatory Flexibility 

Analysis with the final rule unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities.63

In the NPRM, the Commission certified 

that the proposed amendments would 

have no effect. 

The FTC reaffirms its belief that the 

final amendments will not have a 

significant economic impact on a 

substantial number of small entities. As 

discussed in Section V, above, the 

amendments allowing alternative octane 

measurements do not impose any new 

costs on covered entities because those 

amendments provide those entities with 

the option of using the octane rating 

method currently required by the Rule. 

Although the NPRM provided an initial 

analysis of the amendments’ impact on 

small entities, that analysis examined 

only the ethanol amendments, which 

provided new requirements. 

This document serves as notice to the 

Small Business Administration of the 

agency’s certification of no effect. If the 

Commission issues final amendments 

regarding ethanol rating, certification, 

and labeling, it will assess the economic 

impact of the amendments on small 

entities. 

List of Subjects in 16 CFR Part 306 

Fuel ratings, Incorporation by 

reference, Trade practices. 

For the reasons discussed in the 

preamble, the Federal Trade 

Commission amends title 16, Chapter I, 

Subchapter C, of the Code of Federal 

Regulations, part 306, as follows: 

PART 306—AUTOMOTIVE FUEL 

RATINGS, CERTIFICATION AND 

POSTING 

■ 1. Revise the authority citation for part 

306 to read as follows: 

Authority: 15 U.S.C. 2801 et seq.; 42 U.S.C. 

17021. 

■ 2. Amend § 306.0 by: 

■ a. Revising paragraph (b); 

■ b. Adding a note to paragraph (i); and 

■ c. Revising paragraphs (j) and (l). 

The revisions and addition read as 

follows: 

§ 306.0 Definitions. 

* * * * * 

(b) Research octane number and 

motor octane number. (1) These terms 

have the meanings given such terms in 

the specifications of ASTM 

International (‘‘ASTM’’) entitled 

‘‘Standard Specification for Automotive 

Spark-Ignition Engine Fuel (published 

November 2010)’’ designated D4814–10b 

and, with respect to any grade or type 

of gasoline, are determined in 

accordance with test methods set forth 

in either: 

(i) ASTM D2699–09, ’’Standard Test 

Method for Research Octane Number of 

Spark-Ignition Engine Fuel (published 

November 2009)’’ and ASTM D2700–09, 

‘‘Standard Test Method for Motor 

Octane Number of Spark-Ignition 

Engine Fuel (published November 

2009)’’; or 

(ii) ASTM D2885–10, ‘‘Standard Test 

Method for Determination of Octane 

Number of Spark-Ignition Engine Fuels 

by On-Line Direct Comparison 

Technique (published March 2010).’’ 

(2) The incorporations by reference of 

ASTM D4814–10b, ASTM D2699–09, 

ASTM D2700–09, and ASTM D2885–10 

in paragraph (b)(1) of this Section, and 

in § 306.5(a), 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– 

10b, ASTM D2699–09, ASTM D2700– 

09, and ASTM D2885–10, may be 

obtained from ASTM International, 100 

Barr Harbor Drive, West Conshohocken, 

PA 19428, or may be inspected at the 

Federal Trade Commission, Public 

Reference Room, Room 130, 600 

Pennsylvania Avenue, NW., 

Washington, DC, or at the National 

Archives and Records Administration 

(‘‘NARA’’). For information on the 

availability of this material at NARA, 

call 202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

* * * * * 

(i) * * * 

Note to paragraph (i): Provided, however, 

that biodiesel blends and biomass-based 

diesel blends that contain less than or equal 

to 5 percent biodiesel by volume and less 

than or equal to 5 percent biomass-based 

diesel by volume, and that meet ASTM 

standard D975–09b ‘‘Standard Specification 

for Diesel Fuel Oils (published August 

2009),’’ are not automotive fuels covered by 

the requirements of this Part. The 

incorporation of ASTM D975–09b 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 ASTM 

D975–09b may be obtained from ASTM 

International, 100 Barr Harbor Drive, West 

Conshohocken, PA 19428, or may be 

inspected at the Federal Trade Commission, 

Public Reference Room, Room 130, 600 

Pennsylvania Avenue, NW., Washington, DC, 

or at NARA. For information on the 

availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

(j) Automotive fuel rating means— 

(1) For gasoline, the octane rating. 

(2) For an alternative liquid 

automotive fuel other than biodiesel, 

biomass-based diesel, biodiesel blends, 

or biomass-based diesel blends, the 

commonly used name of the fuel with 

a disclosure of the amount, expressed as 

the minimum percentage by volume, of 

the principal component of the fuel. A 

disclosure of other components, 

expressed as the minimum percentage 

by volume, may be included, if desired. 

(3) For biomass-based diesel, 

biodiesel, biomass-based diesel blends 

with more than 5 percent biomass-based 

diesel, and biodiesel blends with more 

than 5 percent biodiesel, a disclosure of 

the biomass-based diesel or biodiesel 

component, expressed as the percentage 

by volume. 

* * * * * 

(l) Biodiesel means the monoalkyl 

esters of long chain fatty acids derived 

from plant or animal matter that meet: 

The registration requirements for fuels 

and fuel additives under 40 CFR part 79; 

and the requirements of ASTM standard 

D6751–10 ‘‘Standard Specification for 

Biodiesel Fuel Blend Stock (B100) for 

Middle Distillate Fuels (published 

October 2010).’’ The incorporation of 

ASTM D6751–10 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 

ASTM D6751B10 may be obtained from 

ASTM International, 100 Barr Harbor 

Drive, West Conshohocken, PA 19428, 

or may be inspected at the Federal 

Trade Commission, Public Reference 

Room, Room 130, 600 Pennsylvania 

Avenue, NW., Washington, DC, or at 

NARA. For information on the 

availability of this material at NARA, 

call 202–741–6030, or go to: http:// 

www.archives.gov/federal_register/cfr/ 

ibr_locations.html. 

* * * * * 

■ 3. Revise § 306.5(a) to read as follows: 

§ 306.5 Automotive fuel rating. 

* * * * * 

(a) To determine the automotive fuel 

rating of gasoline, add the research 

octane number and the motor octane 


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number and divide by two, as explained 

by ASTM D4814–10b, ‘‘Standard 

Specifications for Automotive SparkIgnition Engine Fuel,’’ (incorporated by 

reference, see § 306.0(b)(2)). To 

determine the research octane and 

motor octane numbers you may either: 

(1) Use ASTM standard test method 

ASTM D2699–09, ‘‘Standard Test 

Method for Research Octane Number of 

Spark-Ignition Engine Fuel’’ 

(incorporated by reference, see 

§ 306.0(b)(2)), to determine the research 

octane number, and ASTM standard test 

method ASTM D2700–09, ‘‘Standard 

Test Method for Motor Octane Number 

of Spark-Ignition Engine Fuel’’ 

(incorporated by reference, see 

§ 306.0(b)(2)), to determine the motor 

octane number; or 

(2) Use the test method set forth in 

ASTM D2885–10, ‘‘Standard Test 

Method for Determination of Octane 

Number of Spark-Ignition Engine Fuels 

by On-Line Direct Comparison 

Technique’’ (incorporated by reference, 

see § 306.0(b)(2)). 

* * * * * 

■ 4. Revise § 306.6(b) to read as follows: 

§ 306.6 Certification. 

* * * * * 

(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, except that a 

letter certifying the fuel rating of 

biomass-based diesel, biodiesel, a 

biomass-based diesel blend, or a 

biodiesel blend will be good only until 

you transfer those fuels with a different 

automotive fuel rating, whether the 

rating is higher or lower. 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. 

* * * * * 

■ 5. Amend § 306.12 by revising 

paragraphs (a)(1) through (a)(5) and (b) 

to read as follows: 

§ 306.12 Labels. 

* * * * * 

(a) Layout—(1) For gasoline labels. 

The label is 3 inches (7.62 cm) wide × 

21⁄2 inches (6.35 cm) long. The 

illustrations appearing at the end of this 

rule are prototype labels that 

demonstrate the proper layout. 

‘‘Helvetica Black’’ or equivalent 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 inch 

(.64 cm) between the top border and the 

first line of text, 1⁄8 inch (.32 cm) 

between the first and second line of text, 

1⁄4 inch (.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), 

other than biodiesel, biomass-based 

diesel, biodiesel blends, or biomassbased diesel blends. The label is 3 

inches (7.62 cm) wide × 21⁄2 inches (6.35 

cm) long. ‘‘Helvetica Black’’ or 

equivalent 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 inch (2.54 

cm) deep. Spacing of the fuel name is 

1⁄4 inch (.64 cm) from the top of the label 

and 3⁄16 inch (.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 inch 

(.32 cm) from the bottom of the black 

band. All type below the black band is 

centered horizontally, with 1⁄8 inch (.32 

cm) between each line. The bottom line 

of type is 3⁄16 inch (.48 cm) from the 

bottom of the label. All type should fall 

no closer than 3⁄16 inch (.48 cm) from 

the side edges of the label. If you wish 

to change the dimensions of this one 

principal 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 inches (7.62 cm) wide × 21⁄2 inches 

(6.35 cm) long. ‘‘Helvetica Black’’ or 

equivalent 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 inch (2.54 

cm) deep. Spacing of the fuel name is 

1⁄4 inch (.64 cm) from the top of the label 

and 3⁄16 inch (.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 inch 

(.48 cm) from the bottom of the black 

band. All type below the black band is 

centered horizontally, with 1⁄8 inch (.32 

cm) between each line. The bottom line 

of type is 1⁄4 inch (.64 cm) from the 

bottom of the label. All type should fall 

no closer than 3⁄16 inch (.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. 

(4) For biodiesel blends containing 

more than 5 percent and no greater than 

20 percent biodiesel by volume. (i) The 

label is 3 inches (7.62 cm) wide × 21⁄2

inches (6.35 cm) long. ‘‘Helvetica Black’’ 

or equivalent type is used throughout. 

All type is centered. The band at the top 

of the label contains either: 

(A) The capital letter ‘‘B’’ followed 

immediately by the numerical value 

representing the volume percentage of 

biodiesel in the fuel (e.g., ‘‘B20’’) and 

then by the term ‘‘Biodiesel Blend’’; or 

(B) The term ‘‘Biodiesel Blend.’’ 

(ii) The band should measure 1 inch 

(2.54 cm) deep. Spacing of the text in 

the band is 1⁄4 inch (.64 cm) from the top 

of the label and 3⁄16 inch (.48 cm) from 

the bottom of the black band, centered 

horizontally within the black band. 

Directly underneath the black band, the 

label shall read ‘‘contains biomass-based 

diesel or biodiesel in quantities between 

5 percent and 20 percent.’’ The script 

underneath the black band must be 

centered horizontally, with 1⁄8 inch (.32 

cm) between each line. The bottom line 

of type is 1⁄4 inch (.64 cm) from the 

bottom of the label. All type should fall 

no closer than 3⁄16 inch (.48 cm) from 

the side edges of the label. 

(5) For biomass-based diesel blends 

containing more than 5 percent and no 

greater than 20 percent biomass-based 

diesel by volume. (i) The label is 3 

inches (7.62 cm) wide × 21⁄2 inches (6.35 

cm) long. ‘‘Helvetica Black’’ or 

equivalent type is used throughout. All 

type is centered. The band at the top of 

the label contains either: 

(A) The numerical value representing 

the volume percentage of biomass-based 

diesel in the fuel followed immediately 

by the percentage symbol (e.g., ‘‘20%’’) 

and then by the term ‘‘Biomass-Based 

Diesel Blend’’; or 

(B) The term ‘‘Biomass-Based Diesel 

Blend.’’ 

(ii) The band should measure 1 inch 

(2.54 cm) deep. Spacing of the text in 

the band is 1⁄4 inch (.64 cm) from the top 

of the label and 3/16 inch (.48 cm) from 

the bottom of the black band, centered 

horizontally within the black band. 

Directly underneath the black band, the 

label shall read ‘‘contains biomass-based 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
19692 Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Rules and Regulations 

1The NPRM is available at http:// 

www.regulations.gov/search/Regs/ 

home.html#documentDetail?R=0900006480a6a145. 

2Sections 216(i), 223(d), and 1614(a)(3) of the 

Act. See also §§ 404.1509, 404.1520, 416.909, and 

416.920 of our regulations. 

3This means that we will use these final rules on 

and after their effective date in any case in which 

we make a determination or decision. We expect 

that Federal courts will review our final decisions 

using the rules that were in effect at the time we 

diesel or biodiesel in quantities between 

5 percent and 20 percent.’’ The script 

underneath the black band must be 

centered horizontally, with 1⁄8 inch (.32 

cm) between each line. The bottom line 

of type is 1⁄4 inch (.64 cm) from the 

bottom of the label. All type should fall 

no closer than 3/16 inch (.48 cm) from 

the side edges of the label. 

* * * * * 

(b) Type size and setting—(1) For 

gasoline labels. The Helvetica series or 

equivalent type 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 121⁄2

points. The line ‘‘(R+M)/2 METHOD’’ is 

set in 10 point Helvetica Bold, all 

capitals, with letterspace set at 101⁄2

points. The octane number is set in 96 

point Franklin gothic condensed with 1⁄8

inch (.32 cm) space between the 

numbers. 

(2) For alternative liquid automotive 

fuel labels (one principal component). 

Except as provided above, labels should 

conform to the following specifications. 

All type should be set in upper case (all 

caps) ‘‘Helvetica Black’’ or equivalent 

type throughout. Helvetica Black is 

available in a variety of computer desktop 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 inch (1.27 cm) cap 

height) ‘‘Helvetica Black,’’ knocked out 

of a 1 inch (2.54 cm) deep band. The 

type for the words ‘‘MINIMUM’’ and the 

principal component is 24 point (1⁄4

inch (.64 cm) cap height). The type for 

percentage is 36 point (3⁄8 inch (.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’’ or equivalent type 

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

inch (1.27 cm) cap height) ‘‘Helvetica 

Black,’’ knocked out of a 1 inch (2.54 

cm) deep band. All other type is 24 

point (1⁄4 inch (.64 cm) cap height). 

* * * * * 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2011–8097 Filed 4–7–11; 8:45 am] 

BILLING CODE 6750–01–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA–2006–0114] 

RIN 0960–AD78 

Revised Medical Criteria for Evaluating 

Endocrine Disorders 

AGENCY: Social Security Administration. 

ACTION: Final Rules. 

SUMMARY: We are revising the criteria in 

the Listing of Impairments (the listings) 

that we use to evaluate claims under 

titles II and XVI of the Social Security 

Act (Act) involving endocrine disorders 

in adults and children. The revisions 

reflect our adjudicative experience, 

advances in medical knowledge, 

information from medical experts, and 

comments we received from the public 

in response to an advance notice of 

proposed rulemaking (ANPRM), a notice 

of proposed rulemaking (NPRM), and at 

an outreach policy conference. 

DATES: These rules are effective June 7, 

2011. 

FOR FURTHER INFORMATION CONTACT: Judy 

Hicks, Social Insurance Specialist, 

Office of Medical Listings Improvement, 

Social Security Administration, 6401 

Security Boulevard, Baltimore, 

Maryland 21235–6401, (410) 965–1020. 

For information on eligibility or filing 

for benefits, call our national toll-free 

number, 1–800–772–1213, or TTY 1– 

800–325–0778, or visit our Internet Web 

site, Social Security Online, at http:// 

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

We are making final the rules for 

evaluating endocrine disorders that we 

proposed in an NPRM we published in 

the Federal Register on December 14, 

2009 (74 FR 66069). The preamble to the 

NPRM discussed the changes from the 

current rules and our reasons for 

proposing those changes. To the extent 

that we are adopting the proposed rules 

as published, we are not repeating that 

information here. Interested readers may 

refer to the preamble to the NPRM.1

What are the listings and how do we 

use them? 

Listings describe medical conditions 

that are so severe that we presume any 

person who has a medical condition(s) 

that satisfies the criteria of a listing is 

unable to perform any gainful activity 

and, therefore, is disabled. The inability 

to work must also have lasted or be 

expected to last for at least 12 

continuous months or be expected to 

result in death; we call this provision 

‘‘the duration requirement.’’ 2 Thus, the 

listings are special rules that provide us 

with a mechanism to identify claims 

that should clearly be allowed. We use 

listings only to allow claims. We do not 

deny any claim solely because a 

person’s medical condition(s) does not 

satisfy a listing. 

Why are we revising the listings for 

endocrine disorders? 

We are revising the listings for 

endocrine disorders because medical 

science has made significant advances 

in detecting endocrine disorders at 

earlier stages and newer treatments have 

resulted in better management of these 

conditions since we last published final 

rules making comprehensive revisions 

to the endocrine listings in 1985. 

Consequently, most endocrine disorders 

do not reach listing-level severity 

because they do not become sufficiently 

severe or do not remain at a sufficient 

level of severity long enough to meet 

our 12-month duration requirement. 

Therefore, we have determined that, 

with the exception of children under 

age 6 who have diabetes mellitus (DM) 

and require daily insulin, we should no 

longer have listings in sections 9.00 and 

109.00 based on endocrine disorders 

alone. 

When will we use these final rules? 

We will use these final rules 

beginning on their effective date. We 

will continue to use the current listings 

until the date these final rules become 

effective. We will apply the final rules 

to new applications filed on or after the 

effective date of the final rules and to 

claims that are pending on and after the 

effective date.3


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1