FTC Proposes Changes to Fuel Rating Rule

(Federal Trade Commission) The Federal Trade Commission is proposing changes to its Fuel Rating Rule, which determines the fuel rating that appears on fuel pump labels, how octane levels are calculated, and helps to inform consumers about proper fuel for their vehicles.
In 2009, the FTC began a review of the “Rule for Automobile Fuel Ratings, Certification, and Posting” as part of its systematic review of all current FTC rules and guides. The Commission sought comments on proposed revisions to the Rule regarding ethanol blends. In 2011, after reviewing the comments received, the agency issued final amendments governing other issues and deferred consideration of ethanol blend labeling to consider an Environmental Protection Agency decision regarding the use of certain ethanol blends in certain vehicles.
The FTC is now proposing to revise rating, certification and labeling requirements for blends of gasoline with more than 10 percent ethanol, and a new octane rating method that would lower compliance costs.
The Commission vote approving the Federal Register notice was 4-0. It is available on the FTC’s website and as a link to this press release and will be published in the Federal Register soon. Instructions for filing comments appear in the Federal Register notice. Comments must be received by June 2, 2014. All comments received will be posted at www.ftc.gov/policy/public-comments. (FTC File No. R711008; the staff contact is Miriam Lederer, Division of Enforcement, 202-326-2975)
The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources. READ MORE and MORE (Notice of Proposed Rulemaking)

DATES: Comments on the proposed information requests must be received on or before June
2, 2014.
FOR FURTHER INFORMATION CONTACT: Miriam Lederer, (202) 326-2975, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, D.C. 20580.
ADDRESSES: Interested parties may file a comment online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write “Fuel Rating Rule Review, 16 CFR Part 306, Project No. R811005” on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/autofuelratingscertnprm by following the instructions on the web-based form. If you prefer to file your comment on paper, mail or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Room H-113 (Annex N), 600 Pennsylvania Avenue, NW, Washington, DC 20580.
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A. Ethanol Fuel Amendments
The following proposed amendments require labels for ethanol blends, excluding EPA-approved E15, to state “USE ONLY IN FLEX-FUEL VEHICLES/MAY HARM OTHER ENGINES” and to disclose the percentage ethanol content rounded to the nearest interval of 10.
These amendments differ from those proposed in the 2010 NPRM in four ways. First, the new amendments do not distinguish between “mid-level ethanol blends” and “E85.” As noted by API and Growth Energy, the term “E85” no longer accurately describes higher concentration ethanol blends and, therefore, could confuse consumers about such fuel’s ethanol concentration. Second, the new proposed amendments revise the disclosures in light of views from both ethanol-industry commenters and those arguing for a stronger label using “flex-fuel vehicle only” and a more precise concentration disclosure. Third, the amendments address the request 108CAS comment at 2.
for additional language to prevent misfueling harm to non flex-fuel vehicles and engines.
Finally, the amendments exempt fuel that meets EPA’s E15 waiver.
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B. Infrared Method
All commenters that addressed allowing automotive fuel rating through infrared spectrophotometers supported doing so. Significantly, these commenters included business, consumer groups, and state regulators. Their comments indicate that the infrared method is a more accurate and cost-effective means of measuring octane. Moreover, the record indicates widespread use of the method by state regulatory agencies.
In light of this strong support, the Commission proposes adding the infrared method to the Fuel Rating Rule’s list of approved octane rating methods. Specifically, the amendment would allow use of octane measurement by infrared spectrophotometers that are correlated with ASTM D2699 and D2700, the octane rating methods specified in PMPA, and conform to ASTM D6122 (“Standard Practice for the Validation of the Performance of Multivariate Infrared Spectrophotometers”). For businesses, such an amendment should lower costs. For consumers, it should reduce the risk of inaccurate measurements. READ MORE