§ 2821. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2821]
TITLE 15--COMMERCE AND TRADE
CHAPTER 55--PETROLEUM MARKETING PRACTICES
SUBCHAPTER II--OCTANE DISCLOSURE
Sec. 2821. Definitions
As used in this subchapter:
(1) The term ``octane rating'' means the rating of the antiknock
characteristics of a grade or type of automotive fuel as determined
by dividing by 2 the sum of the research octane number plus the
motor octane number, unless another procedure is prescribed under
section 2823(c)(3) of this title, in which case such term means the
rating of such characteristics as determined under the procedure so
prescribed.
(2) The terms ``research octane number'' and ``motor octane
number'' have the meanings given such terms in the specifications of
the American Society for Testing and Materials (ASTM) entitled
``Standard Specification for Automotive Spark-Ignition Engine Fuel''
designated D4814 (as in effect on June 19, 1978) and, with respect
to any grade or type of automotive gasoline, are determined in
accordance with test methods set forth in ASTM standard test methods
designated D 2699 and D 2700 (as in effect on such date).
(3) The term ``knock'' means the combustion of a fuel
spontaneously in localized areas of a cylinder of a spark-ignition
engine, instead of the combustion of such fuel progressing from the
spark.
(4) The term ``automotive fuel retailer'' means any person who
markets automotive fuel to the general public for ultimate
consumption.
(5) The term ``refiner'' means any person engaged in the
production or importation of automotive fuel.
(6) The term ``automotive fuel'' means liquid fuel of a type
distributed for use as a fuel in any motor vehicle.
(7) The term ``motor vehicle'' means any self-propelled four-
wheeled vehicle, of less than 6,000 pounds gross vehicle weight,
which is designed primarily for use on public streets, roads, and
highways.
(8) The term ``new motor vehicle'' means any motor vehicle the
equitable or legal title to which has not previously been
transferred to an ultimate purchaser.
(9) The term ``ultimate purchaser'' means, with respect to any
item, the first person who purchases such item for purposes other
than resale.
(10) The term ``manufacturer'' means any person who imports,
manufactures, or assembles motor vehicles for sale.
(11) The term ``automotive fuel requirement'' means, with
respect to automotive fuel for use in a motor vehicle or a class
thereof, imported, manufactured, or assembled by a manufacturer, the
minimum automotive fuel rating of such automotive fuel which such
manufacturer recommends for the efficient operation of such motor
vehicle, or a substantial portion of such class, without knocking.
(12) The term ``model year'' means a manufacturer's annual
production period (as determined by the Federal Trade Commission)
for motor vehicles or a class of motor vehicles. If a manufacturer
has no annual production period, the term ``model year'' means the
calendar year.
(13) The term ``commerce'' means any trade, traffic,
transportation, exchange, or other commerce--
(A) between any State and any place outside of such State;
or
(B) which affects any trade, transportation, exchange, or
other commerce described in subparagraph (A).
(14) The term ``State'' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam, and any other commonwealth,
territory, or possession of the United States.
(15) the term ``person'', for purposes of applying any provision
of the Federal Trade Commission Act [15 U.S.C. 41 et seq.] with
respect to any provision of the subchapter, includes a partnership
and a corporation.
(16) The term ``distributor'' means any person who receives
automotive fuel and distributes such automotive fuel to another
person other than the ultimate purchaser.
(17) The term ``automotive fuel rating'' means--
(A) the octane rating of an automotive spark-ignition engine
fuel; and
(B) if provided for by the Federal Trade Commission by rule,
the cetane rating of diesel fuel oils; or
(C) another form of rating determined by the Federal Trade
Commission, after consultation with the American Society for
Testing and Materials, to be more appropriate to carry out the
purposes of this subchapter with respect to the automotive fuel
concerned.
(18)(A) The term ``cetane rating'' means a measure, as indicated
by a cetane index or cetane number, of the ignition quality of
diesel fuel oil and of the influence of the diesel fuel oil on
combustion roughness.
(B) The term ``cetane index'' and the term ``cetane number''
have the meanings determined in accordance with the test methods set
forth in the American Society for Testing and Materials standard
test methods--
(i) designated D976 or D4737 in the case of cetane index;
and
(ii) designated D613 in the case of cetane number,
(as in effect on October 24, 1992) and shall apply to any grade or
type of diesel fuel oils defined in the specification of the
American Society for Testing and Materials entitled ``Standard
Specification for Diesel Fuel Oils'' designated D975 (as in effect
on October 24, 1992).
(Pub. L. 95-297, title II, Sec. 201, June 19, 1978, 92 Stat. 333; Pub.
L. 102-486, title XV, Sec. 1501(a)-(c)(1), Oct. 24, 1992, 106 Stat.
2996.)
References in Text
The Federal Trade Commission Act, referred to in par. (15), is act
Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified
generally to subchapter I (Sec. 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 Tables.
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, Sec. 1501(c)(1)(A), substituted
``fuel'' for ``gasoline''.
Par. (2). Pub. L. 102-486, Sec. 1501(c)(1)(B), substituted
``Standard Specification for Automotive Spark-Ignition Engine Fuel'' for
``Standard Specifications for Automotive Gasoline'' and ``D4814 for ``D
439''.
Par. (4). Pub. L. 102-486, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1501(c)(1)(F), substituted
``automotive fuel'' for ``gasoline'' in two places.
Pars. (17), (18). Pub. L. 102-486, Sec. 1501(b), added pars. (17)
and (18).
Effective Date of 1992 Amendment
Section 1501(d)(1) of Pub. L. 102-486 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 enactment of this Act [Oct. 24,
1992].''
Regulations
Section 1501(d)(2) of Pub. L. 102-486 provided that: ``The Federal
Trade Commission shall, within 270 days after the date of the enactment
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].''
Section Referred to in Other Sections
This section is referred to in section 2823 of this title.
