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respect to the display on each such motor vehicle (or representation in connection with the sale of each such motor vehicle) of the octane requirement of such motor vehicle.
(e) No person who distributes automotive gasoline in commerce may make any representation respecting the antiknock characteristics of such gasoline unless such representation fairly discloses the octane rating of such gasoline consistent with such gasoline's octane rating as certified to or determined by such person under the foregoing provisions of this section.
(f) For purposes of this section, the octane rating of any automotive gasoline shall be considered to be certified, displayed, or represented by any person consistent with the rating certified to, or determined by, such person
(1) in the case of automotive gasoline which consists of a blend of two or more quantities of automotive gasoline of differing octane ratings, only if the rating certified, displayed, or represented by such person is the average of the octane ratings of such quantities, weighted by volume; or
(2) in the case of gasoline which does not consist of such a blend, only if the octane rating such person certifies, displays, or represents is the same as the octane rating of such gasoline certi
fied to, or determined by, such person. (g) 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 characteristics of any automotive gasoline other than its octane rating; or
(2) to the identification of automotive gasoline 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
gasoline. (h) Any display or representation, with respect to the octane requirement of any motor vehicle, required to be made under any rule prescribed under subsection (d) shall not create an express or implied warranty under State or Federal law that any automotive gasoline the octane rating of which equals or exceeds such octane requirement
(1) may be used as a fuel in all motor vehicles of the same class as that motor vehicle without knocking; or
(2) may be used as a fuel in such motor vehicle under all operating conditions without knocking.
ADMINISTRATION AND ENFORCEMENT
15 USC 2823.
Sec. 203. (a) The Federal Trade Commission shall have procedural, Rules. investigative, and enforcement powers, including the power to issue Reports. procedural miles in enforcing compliance with the requirements of this title and rules prescribed pursuant to the requirements of this title, to further define terms used in this title, and to require the filing of reports, the production of documents, and the appearance of witnesses, as though the applicable terms and conditions of the Federal Trade Commission Act were part of this title. (b)(1) The Environmental Protection Agency shall
Tests. (A) conduct field testing of the octane rating of automotive gasoline, comparing the tested octane rating of gasoline at retail outlets with the octane rating posted at those outlets;
(B) certify the results of such tests and comparisons to the Federal Trade Commission; and
15 USC 58.
(C) notify the Federal Trade Commission of any failure to post the octane rating discovered in the course of such field testing. (2) The Federal Trade Commission may enter into interagency agreements with the Environmental Protection Agency and such other agencies of the United States as the Commission determines appropriate for the purpose of assuring enforcement of the provisions of this title in a manner which is consistent with
(A) minimizing the cost of field inspection and related compliance activities; and
(B) reducing duplication of similar or related field compliance activities performed by agencies of the United States. (c)(1) Not later than 6 months after the date of the enactment of this Act, the Federal Trade Commission shall, by rule, prescribe and make effective
(A) a uniform method by which a person may certify to another the octane rating of automotive gasoline; and
(B) a uniform method of displaying the octane rating of antomotive gasoline at the point of sale to ultimate purchasers. (2) Effective on and after the effective date of the rule prescribed under paragraph (1), any person
(A) shall be considered to satisfy the requirements of subsection (a) or (b) of section 202, as the case may be, only if such person complies with the requirements established pursuant to paragraph (1)(A); and
(B) shall be considered to satisfy the requirements of section 202(c) only if such person complies with the requirements established pursuant to paragraph (1)(B). (3) The Federal Trade Commission may, by rule, prescribe procedures for determination of the octane rating of automotive gasoline which varies from that prescribed in section 201 (1). In prescribing such rule, the Commission
(A) shall consider
(i) ease of administration and enforcement, and (ii) industry practices in the distribution and marketing of automotive gasoline; and (B) may permit adjustments in such octane rating to take into account the effects of altitude, temperature, and humidity. (4) The Federal Trade Commission may, by rule, prescribe and make effective a method of determining the octane rating of automotive gasoline which consists of a blend of two or more quantities of automotive gasoline of different octane ratings if the Federal Trade Commission finds that the method prescribed more accurately reflects the octane rating of such blend than the weighted-average method set forth in section 202(f)(1). Effective on and after the effective date of such rule, any person shall be considered to satisfy the requirements of section 202(f)(1) only if such person utilizes the method prescribed in such rule (in lieu of the method set forth in section 202(f)(1))
(d) (i) Except as provided in paragraph (2), rules under this title shall be prescribed in accordance with section 553 of title 5, United States Code, except that interested persons shall be afforded an opportunity to present written and oral data, views, and arguments with respect to any proposed rule.
(2) Rules prescribed under subsection (c)(3) and section 202(d) shall be prescribed on the record after opportunity for an agency hearing
(3) Section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) shall not apply with respect to any rule prescribed under this title.
(é) It shall be an unfair or deceptive act or practice in or affecting commerce (within the meaning of section 5(a) (1) of the Federal Trade Commission Act) for any person to violate subsection (a), (b), 15 USC 45. (c), or (e) of section 202, or a rule prescribed under subsection (d) of such section. For purposes of the Federal Trade Commission Act 15 USC 58. (including any remedy or penalty applicable to any violation thereof) such a violation shall be treated as a violation of a rule under such Act respecting unfair or deceptive acts or practices; except that for purposes of section 5(m) (1) (A) of such Act, the term "or knowledge 15 USC 45. fairly implied on the basis of objective circumstances” shall not apply to any violation by any gasoline retailer of the requirements of section 202 (c) or (e).
RELATIONSHIP OF THIS TITLE TO STATE LAW
Sec. 204. To the extent that any provision of this title applies to
15 USC 2824. any act or omission, no State or any political subdivision thereof may adopt, enforce, or continue in effect any provision of any law or regulation (including any remedy or penalty applicable to any violation thereof) 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.
EFFECTIVE DATES Sec. 205. (a) Sections 202(a) (1) and 203 (b) shall take effect on the 15 USC 2825. first day of the first calendar month beginning more than 6 months after the date of the enactment of this Act.
(b) Subsections (a) (2), (b), (c), and (e) of section 202 shall take effect on the fir day of the first calendar month beginning more than 9 months after such date of enactment.
(c) Rules under section 202(d) 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.
TITLE III-STUDY OF SUBSIDIZATION OF MOTOR
Sec. 301. (a) The Secretary of Energy, in consultation with the 15 USC 2841. Chairman of the Federal Trade Commission and the Attorney General and other agencies as the Secretary deems appropriate, shall conduct a study of the extent to which producers, retiners, and other suppliers of motor fuel subsidize the sale of such motor fuel at retail or wholesale with profits obtained from other operations. (b) Such study shall examine
(1) the role of vertically integrated operations in facilitating subsidization of sales of motor fuel at wholesale or retail;
(2) the extent to which such subsidization is predatory and presents a threat to competition;
(3) the profitability of various segments of the petroleum industry:
(4) the impact of prohibiting such subsidization on the competitive viability of various segments of the petroleum industry, on prices of motor fuel to consumers and on the health and structure of the petroleum industry as a whole; and
(5) such other matters as the Secretary considers appropriate.
(c) In conducting the study required by this section, the Secretary shall give appropriate notice and afford interested persons an opportunity to present written and oral data, views and arguments concerning such study.
(d) (1) The Secretary shall report the results of the study required by this section, together with such recommendations for legislative action and such statistical evidence as he deems appropriate to the Congress on or before the expiration of the eighteenth month after the date of enactment of this section.
(2) If the President determines that interim measures are necessary and appropriate to maintain the competitive viability of the marketing sector of the petroleum industry during Congressional consideration of the recommendations contained in the report submitted under paragraph (1), he shall prescribe, by rule, in accordance with the procedures set forth in section 523 (a) of the Energy Policy and Conservation Act (42 U.S.C. 6393) such interim measures.
(3) No interim measure proposed by the President under this section may be submitted after January 1, 1980, and the effect of such measure if approved by the Congress under paragraph (4) may not extend beyond 18 months after such Congressional approval.
(4) Such interim measure shall not take effect unless approved by both Houses of Congress as if it were a contingency plan under section 552 of the Energy Policy and Conservation Act (42 U.S.C. 6422): Provided, That the 60-day period referred to in such section shall be extended to 90 days for purposes of this section.
(e) There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.
Approved June 19, 1978.
Energy and Natural Resources).
Vol. 123 (1977): Apr. 5, considered and passed House.