15 U.S.C. § 2822 — Automotive fuel rating testing and disclo-

Page 1955 TITLE 15—COMMERCE AND TRADE § 2822 designated D975 (as in effect on October 24, 1992). (Pub. L. 95–297, title II, § 201, June 19, 1978, 92 Stat. 333; Pub. L. 102–486, title XV, § 1501(a)–(c)(1), Oct. 24, 1992, 106 Stat. 2996.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in par. (15), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Ta- bles. CODIFICATION October 24, 1992, referred to in par. (18)(B), was in the original ‘‘the date of the enactment of this Act’’ and ‘‘such date’’, which were translated as meaning the date of enactment of Pub. L. 102–486, which enacted par. (18), to reflect the probable intent of Congress. AMENDMENTS 1992—Par. (1). Pub. L. 102–486, § 1501(c)(1)(A), sub- stituted ‘‘fuel’’ for ‘‘gasoline’’. Par. (2). Pub. L. 102–486, § 1501(c)(1)(B), substituted ‘‘Standard Specification for Automotive Spark-Ignition Engine Fuel’’ for ‘‘Standard Specifications for Auto- motive Gasoline’’ and ‘‘D4814 for ‘‘D 439’’. Par. (4). Pub. L. 102–486, § 1501(c)(1)(C), substituted ‘‘automotive fuel’’ for first reference to ‘‘gasoline’’ and ‘‘fuel’’ for second reference to ‘‘gasoline’’. Par. (5). Pub. L. 102–486, § 1501(c)(1)(D), added par. (5) and struck out former par. (5) which read as follows: ‘‘The term ‘refiner’ means any person engaged in— ‘‘(A) the refining of crude oil to produce automotive gasoline; or ‘‘(B) the importation of automotive gasoline.’’ Par. (6). Pub. L. 102–486, § 1501(a), amended par. (6) generally. Prior to amendment, par. (6) read as follows: ‘‘The term ‘automotive gasoline’ means gasoline of a type distributed for use as a fuel in any motor vehicle.’’ Par. (11). Pub. L. 102–486, § 1501(c)(1)(E), substituted ‘‘automotive fuel’’ for ‘‘octane’’ before ‘‘requirement’’ and before ‘‘rating’’, and ‘‘fuel’’ for ‘‘gasoline’’ before ‘‘for use’’ and before ‘‘which such’’. Par. (16). Pub. L. 102–486, § 1501(c)(1)(F), substituted ‘‘automotive fuel’’ for ‘‘gasoline’’ in two places. Pars. (17), (18). Pub. L. 102–486, § 1501(b), added pars. (17) and (18). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–486, title XV, § 1501(d)(1), Oct. 24, 1992, 106 Stat. 2997, provided that: ‘‘The amendments made by this section [amending this section and sections 2822 and 2823 of this title] shall become effective at the end of the one-year period beginning on the date of the en- actment of this Act [Oct. 24, 1992].’’ REGULATIONS Pub. L. 102–486, title XV, § 1501(d)(2), Oct. 24, 1992, 106 Stat. 2997, provided that: ‘‘The Federal Trade Commis- sion shall, within 270 days after the date of the enact- ment of this Act [Oct. 24, 1992], prescribe rules for the purpose of implementing the amendments made in this section [amending this section and sections 2822 and 2823 of this title].’’ § 2822. Automotive fuel rating testing and disclo- sure requirements (a) Determination and certification of auto- motive fuel rating by refiner distributing automotive fuel Each refiner who distributes automotive fuel in commerce shall— (1) determine the automotive fuel rating of any such fuel; and (2) if such refiner distributes such fuel to any person other than the ultimate purchaser, certify, consistent with the determination made under paragraph (1), the automotive fuel rating of such fuel. (b) Certification of automotive fuel rating by dis- tributor receiving and distributing auto- motive fuel with certified automotive fuel rating; use of automotive fuel rating for cer- tification by distributor Each distributor who receives automotive fuel, the automotive fuel rating of which is cer- tified to him under this section, and distributes such fuel in commerce to another person other than the ultimate purchaser shall certify to such other person the automotive fuel rating of such fuel consistent with— (1) the automotive fuel rating of such fuel certified to such distributor; or (2) if such distributor elects (at such time and in such manner as the Federal Trade Com- mission may, by rule, prescribe), the auto- motive fuel rating of such fuel determined by such distributor. (c) Display of automotive fuel rating by auto- motive fuel retailer; use of automotive fuel rating for display Each automotive fuel retailer shall display in a clear and conspicuous manner, at the point of sale to ultimate purchasers of automotive fuel, the automotive fuel rating of such automotive fuel, which automotive fuel rating shall be con- sistent with— (1) the automotive fuel rating of such auto- motive fuel certified to such retailer under subsection (a)(2) or (b); (2) if such automotive fuel retailer elects (at such time and in such manner as the Federal Trade Commission may, by rule, prescribe), the automotive fuel rating of such automotive fuel determined by such retailer for such auto- motive fuel; or (3) if such automotive fuel retailer is a re- finer, the automotive fuel rating of such auto- motive fuel determined under subsection (a)(1). (d) Display or representation of automotive fuel requirements for new motor vehicles by manufacturer of such vehicles; promulgation of rules by Federal Trade Commission The Federal Trade Commission shall, by rule, prescribe requirements, applicable to any manu- facturer of new motor vehicles, with respect to the display on each such motor vehicle (or rep- resentation in connection with the sale of each such motor vehicle) of the automotive fuel re- quirement of such motor vehicle. (e) Representation of antiknock characteristics of automotive fuel by person distributing automotive fuel; use of automotive fuel rat- ing in representation No person who distributes automotive fuel in commerce may make any representation re- specting the antiknock characteristics of such fuel unless such representation fairly discloses the automotive fuel rating of such fuel con- Page 1956 TITLE 15—COMMERCE AND TRADE § 2823 sistent with such fuel’s automotive fuel rating as certified to or determined by such person under the foregoing provisions of this section. (f) Additional statutory considerations respect- ing certification, display, or representation of automotive fuel rating of automotive fuel For purposes of this section, the automotive fuel rating of any automotive fuel shall be con- sidered to be certified, displayed, or represented by any person consistent with the rating cer- tified to, or determined by, such person— (1) in the case of automotive fuel which con- sists of a blend of two or more quantities of automotive fuel of differing automotive fuel ratings, only if the rating certified, displayed, or represented by such person is the average of the automotive fuel ratings of such quantities, weighted by volume; or (2) in the case of fuel which does not consist of such a blend, only if the automotive fuel rating such person certifies, displays, or rep- resents is the same as the automotive fuel rat- ing of such fuel certified to, or determined by, such person. (g) Nonapplicability of statutory requirements The foregoing provisions of this section shall not apply— (1) to any representation (by display at the point of sale or by other means) of any charac- teristics of any automotive fuel other than its automotive fuel rating; or (2) to the identification of automotive fuel at the point of sale (or elsewhere) by the trademark, trade name, or other identifying symbol or mark used in connection with the sale of such fuel. (h) Display or representation of automotive fuel requirement of motor vehicle not to create express or implied warranty under State or Federal law respecting knocking characteris- tics of automotive fuel Any display or representation, with respect to the automotive fuel requirement of any motor vehicle, required to be made under any rule pre- scribed under subsection (d) shall not create an express or implied warranty under State or Fed- eral law that any automotive fuel the auto- motive fuel rating of which equals or exceeds such automotive fuel requirement— (1) may be used as a fuel in all motor vehi- cles of the same class as that motor vehicle without knocking; or (2) may be used as a fuel in such motor vehi- cle under all operating conditions without knocking. (Pub. L. 95–297, title II, § 202, June 19, 1978, 92 Stat. 334; Pub. L. 102–486, title XV, § 1501(c)(2), Oct. 24, 1992, 106 Stat. 2997.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–486 amended section as follows: sub- stituted ‘‘Automotive fuel rating’’ for ‘‘Octane’’ in sec- tion catchline; substituted ‘‘automotive fuel rating’’ and ‘‘automotive fuel ratings’’ for ‘‘octane rating’’ and ‘‘octane ratings’’, respectively, wherever appearing; in subsecs. (a) and (b), substituted ‘‘fuel’’ for ‘‘gasoline’’ wherever appearing; in subsec. (c), substituted ‘‘auto- motive fuel’’ for ‘‘gasoline’’ wherever appearing except that ‘‘fuel’’ substituted for second reference to ‘‘gaso- line’’; in subsec. (d), substituted ‘‘automotive fuel’’ for ‘‘octane’’; in subsec. (e), substituted ‘‘fuel’’ for ‘‘gaso- line’’ wherever appearing and substituted ‘‘fuel’s’’ for ‘‘gasoline’s’’; in subsecs. (f), (g), and (h), substituted ‘‘fuel’’ for ‘‘gasoline’’ wherever appearing; and in sub- sec. (h), substituted ‘‘automotive fuel requirement’’ for ‘‘octane requirement’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–486 effective at end of one- year period beginning Oct. 24, 1992, see section 1501(d)(1) of Pub. L. 102–486, set out as a note under section 2821 of this title. EFFECTIVE DATE Pub. L. 95–297, title II, § 205, June 19, 1978, 92 Stat. 337, provided that: ‘‘(a) Sections 202(a)(1) [subsec. (a)(1) of this section] and 203(b) [section 2823(b) of this title] shall take effect on the first day of the first calendar month beginning more than 6 months after the date of the enactment of this Act [June 19, 1978]. ‘‘(b) Subsections (a)(2), (b), (c), and (e) of section 202 [subsecs. (a)(2), (b), (c), and (e) of this section] shall take effect on the first day of the first calendar month beginning more than 9 months after such date of enact- ment [June 19, 1978]. ‘‘(c) Rules under section 202(d) [subsec. (d) of this sec- tion] may not take effect earlier than the beginning of the first motor vehicle model year which begins more than 9 months after such date of enactment [June 19, 1978].’’ STUDIES Section 1503 of Pub. L. 102–486 directed Administrator of Environmental Protection Agency to carry out a study to determine whether the anti-knock character- istics of nonliquid fuels usable as a fuel for motor vehi- cles could be determined and further directed Federal Trade Commission to carry out a study to determine the need for a uniform national label on devices used to dispense automotive fuel to consumers that would con- solidate all information required by Federal law to be posted on such devices, with reports of the results of the studies to be submitted to Congress within one year of Oct. 24, 1992, together with recommendations and a description of the administrative and legislative ac- tions needed to implement the recommendations. § 2823. Administration and enforcement provi- sions (a) Procedural, investigative, and enforcement powers of Federal Trade Commission The Federal Trade Commission shall have pro- cedural, investigative, and enforcement powers, including the power to issue procedural rules in enforcing compliance with the requirements of this subchapter and rules prescribed pursuant to the requirements of this subchapter, to further define terms used in this subchapter, and to re- quire the filing of reports, the production of doc- uments, and the appearance of witnesses, as though the applicable terms and conditions of the Federal Trade Commission Act [15 U.S.C. 41 et seq.] were part of this subchapter. (b) Testing, certification, and notice require- ments of Environmental Protection Agency; interagency enforcement agreements be- tween Federal Trade Commission and Envi- ronmental Protection Agency and other Fed- eral agencies (1) The Environmental Protection Agency—