It is our understanding that the conventional gasoline message for product transfer documents "this product does not meet the requirements for reformulated gasoline.." is intended to prevent the sale or use of conventional gasoline in reformulated gasoline covered areas, and that, while other PTD information can be conveyed via product codes, this message must be explicitly present on the PTD. It is understandable that this message be present on PTD's of shipments to service stations so that carriers and service station operators are aware that the product is conventional. However, for bulk custody transfers of gasoline between sophisticated parties within the petroleum industry such as pipelines, marine vessels, railroad cars, etc., the parties involved know what product they are handling, and the product is not directly bound for a service station. Based on this, we believe the explicit conventional message should only be required on PTD's of deliveries to service stations and that other PTD's should be allowed to convey this message implicitly via product code. Do you disagree with this rationale?
The language regarding conventional gasoline specified at § 80.106(a)(1)(vii) must be included in the product transfer documentation for all transfers of conventional gasolines, and this specific language requirement may not be satisfied through the use of product codes.
However, in the case of transfers of title (as opposed to transfers of custody), where the information is being transferred electronically using electronic data interchange (EDI), and where product codes are used to meet the product transfer documentation, the specific language regarding conventional gasoline at § 80.106(a)(1)(vii), and regarding certain blendstock at § 80.106(b), may be reflected as product codes and need not be recited verbatim. See also the October 17, 1994 update to Question 2, Section VI.I., of the July 1, 1994 Question and Answer Document. (11/21/94)
This question and answer was posted at List of Reformulated Gasoline and Anti-Dumping Questions and Answers: July 1, 1994 through November 10, 1997 (pdf)