Title 15 — Commerce and Trade
Chapter 55 — Petroleum Marketing Practices
§ 2821. Definitions
Statutory text
As used in this subchapter:
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.
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 ) 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).
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.
The term “automotive fuel retailer” means any person who markets automotive fuel to the general public for ultimate consumption.
The term “refiner” means any person engaged in the production or importation of automotive fuel.
The term “automotive fuel” means liquid fuel of a type distributed for use as a fuel in any motor vehicle.
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.
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.
The term “ultimate purchaser” means, with respect to any item, the first person who purchases such item for purposes other than resale.
The term “manufacturer” means any person who imports, manufactures, or assembles motor vehicles for sale.
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.
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.
The term “commerce” means any trade, traffic, transportation, exchange, or other commerce—
between any State and any place outside of such State; or
which affects any trade, transportation, exchange, or other commerce described in subparagraph (A).
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.
the 1 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.
The term “distributor” means any person who receives automotive fuel and distributes such automotive fuel to another person other than the ultimate purchaser.
The term “automotive fuel rating” means—
the octane rating of an automotive spark-ignition engine fuel; and
if provided for by the Federal Trade Commission by rule, the cetane rating of diesel fuel oils; or
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.
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.
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—
designated D976 or D4737 in the case of cetane index; and
designated D613 in the case of cetane number,
(as in effect on ) 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 ).
Footnotes
- 1 So in original. Probably should be capitalized.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Petroleum Marketing Practices Act
Pub. L. 95–297 title II § 201 · 92 Stat. 322
Enacted · 15 U.S.C. § 2821
Pub. L. 95–297, title II, § 201, June 19, 1978, 92 Stat. 333
Source evidence
Code source credit
Pub. L. 95–297, title II, § 201, June 19, 1978, 92 Stat. 333Enacted provision · exact public law section
Sec. 201. definitions As used in this title: 15 USC 2821. (1) The term “octane rating” means the rating of the anti-knock characteristics of a grade or type of automotive gasoline 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 203(c)(3), 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 Specifications for Automotive Gasoline” designated D 439 (as in effect on the date of the enactment of this Act) 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 “gasoline retailer” means any person who markets automotive gasoline to the general public for ultimate consumption. (5) 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. (6) The term “automotive gasoline” means gasoline 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 “octane requirement” means, with respect to automotive gasoline for use in a motor vehicle or a class thereof, imported, manufactured, or assembled by a manufacturer, the minimum octane rating of such automotive gasoline 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 with respect to any provision of this title, includes a partnership and a corporation. (16) The term “distributor” means any person who receives gasoline and distributes such gasoline to another person other than the ultimate purchaser.Energy Policy Act of 1992
Pub. L. 102–486 § 1501(c)(1)(A) · 106 Stat. 2776
Substituted · 15 U.S.C. § 2821(1)
Pub. L. 102–486, § 1501(c)(1)(A), substituted “fuel” for “gasoline”
Source evidence
Code amendment note
Par. (1). Pub. L. 102–486, § 1501(c)(1)(A), substituted “fuel” for “gasoline”.Effective date note
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 enactment of this Act [Oct. 24, 1992].”Energy Policy Act of 1992
Pub. L. 102–486 § 1501(c)(1)(B) · 106 Stat. 2776
Substituted · 15 U.S.C. § 2821(2)
Pub. L. 102–486, § 1501(c)(1)(B), substituted “Standard Specification for Automotive Spark-Ignition Engine Fuel” for “Standard Specifications for Automotive Gasoline” and “D4814 for “D 439”
Source evidence
Code amendment note
Par. (2). Pub. L. 102–486, § 1501(c)(1)(B), substituted “Standard Specification for Automotive Spark-Ignition Engine Fuel” for “Standard Specifications for Automotive Gasoline” and “D4814 for “D 439”.Effective date note
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 enactment of this Act [Oct. 24, 1992].”Energy Policy Act of 1992
Pub. L. 102–486 § 1501(c)(1)(C) · 106 Stat. 2776
Substituted · 15 U.S.C. § 2821(4)
Pub. L. 102–486, § 1501(c)(1)(C), substituted “automotive fuel” for first reference to “gasoline” and “fuel” for second reference to “gasoline”
Source evidence
Code amendment note
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”.Effective date note
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 enactment of this Act [Oct. 24, 1992].”Energy Policy Act of 1992
Pub. L. 102–486 § 1501(c)(1)(D) · 106 Stat. 2776
Added · 15 U.S.C. § 2821(5)
Pub. L. 102–486, § 1501(c)(1)(D), added par. (5)
Struck · 15 U.S.C. § 2821(5)
Pub. L. 102–486, § 1501(c)(1)(D), struck out former par. (5) which read as follows: “The term ‘refiner’ means any person engaged in—
Source evidence
Code amendment note
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.”
Effective date note
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 enactment of this Act [Oct. 24, 1992].”Energy Policy Act of 1992
Pub. L. 102–486 § 1501(a) · 106 Stat. 2776
Amended · 15 U.S.C. § 2821(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.”
Source evidence
Code amendment note
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.”Effective date note
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 enactment of this Act [Oct. 24, 1992].”Energy Policy Act of 1992
Pub. L. 102–486 § 1501(c)(1)(E) · 106 Stat. 2776
Substituted · 15 U.S.C. § 2821(11)
Pub. L. 102–486, § 1501(c)(1)(E), substituted “automotive fuel” for “octane” before “for use” and before “which such”
Substituted · 15 U.S.C. § 2821(11)
Pub. L. 102–486, § 1501(c)(1)(E), substituted “fuel” for “gasoline” before “for use” and before “which such”
Source evidence
Code amendment note
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”.Effective date note
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 enactment of this Act [Oct. 24, 1992].”Energy Policy Act of 1992
Pub. L. 102–486 § 1501(c)(1)(F) · 106 Stat. 2776
Substituted · 15 U.S.C. § 2821(16)
Pub. L. 102–486, § 1501(c)(1)(F), substituted “automotive fuel” for “gasoline” in two places
Source evidence
Code amendment note
Par. (16). Pub. L. 102–486, § 1501(c)(1)(F), substituted “automotive fuel” for “gasoline” in two places.Effective date note
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 enactment of this Act [Oct. 24, 1992].”Energy Policy Act of 1992
Pub. L. 102–486 § 1501(b) · 106 Stat. 2776
Added · 15 U.S.C. § 2821(17); 15 U.S.C. § 2821(18)
Pub. L. 102–486, § 1501(b), added pars. (17) and (18)
Source evidence
Code amendment note
Pars. (17), (18). Pub. L. 102–486, § 1501(b), added pars. (17) and (18).Effective date note
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 enactment of this Act [Oct. 24, 1992].”
1 of 11 references resolved to an enrolled provision · 10 partial
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 Tables.
Codification
, 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), substituted “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 Automotive 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), , 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 enactment of this Act [].”
Regulations
Pub. L. 102–486, title XV, § 1501(d)(2), , 106 Stat. 2997, provided that: “The Federal Trade Commission shall, within 270 days after the date of the enactment of this Act [], prescribe rules for the purpose of implementing the amendments made in this section [amending this section and sections 2822 and 2823 of this title].”
Credits
1978–1992 · 2 acts
- 1978Pub. L. 95–297, title II, § 201, , 92 Stat. 333
- 1992Pub. L. 102–486, title XV, § 1501(a)–(c)(1), , 106 Stat. 2996.
Show as published
(Pub. L. 95–297, title II, § 201, , 92 Stat. 333; Pub. L. 102–486, title XV, § 1501(a)–(c)(1), , 106 Stat. 2996.)