Page:United States Statutes at Large Volume 92 Part 1.djvu/390

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 336

Interagency agreements.

Rules,

PUBLIC LAW 95-297—JUNE 19, 1978 (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 automotive 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)(1) 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.