[Federal Register Volume 67, Number 43 (Tuesday, March 5, 2002)]
[Rules and Regulations]
[Page 9924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5125]


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FEDERAL TRADE COMMISSION

16 CFR Part 259


Guide Concerning Fuel Economy Advertising for New Automobiles

AGENCY: Federal Trade Commission.

ACTION: Final rule.

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SUMMARY: The Commission has completed its review of the Guide 
Concerning Fuel Economy Advertising for New Automobiles (``Fuel 
Guide''), and announces its decision to retain the Guide.

EFFECTIVE DATE: March 5, 2002.

ADDRESSES: Requests for copies of this document should be sent to the 
Consumer Response Center, Room 130, Federal Trade Commission, 600 
Pennsylvania Avenue NW., Washington, DC 20580. The document is 
available on the Internet at the Commission's website, http://www.ftc.gov.

FOR FURTHER INFORMATION CONTACT: Willie L. Greene, Investigator, 
Federal Trade Commission, East Central Region, 1111 Superior Avenue--
Suite 200, Cleveland, Ohio 44114, telephone number (216) 236-3406, e-
mail [email protected]>.

SUPPLEMENTARY INFORMATION: As part of the Commission's review of its 
rules and guides, the Commission published a Federal Register Notice 
seeking comments about the Fuel Guide's overall costs and benefits, and 
the continuing need for the Guide.\1\ The Fuel Guide, adopted in 1975 
and subsequently revised twice,\2\ provides guidance to automobile 
manufacturers to prevent deceptive advertising and to facilitate the 
use of fuel economy information in advertising. The Guide advises 
vehicle manufacturers and dealers how to disclose the established fuel 
economy of a vehicle, as determined by the Environmental Protection 
Agency's rules pursuant to the Automobile Information Disclosure Act 
(15 U.S.C. 2996), in advertisements that make representations regarding 
the fuel economy of a new vehicle. The disclosure is tied to the claim 
made in the advertisement. If both city and highway fuel economy claims 
are made, both city and highway EPA figures should be disclosed. A 
claim regarding either city or highway fuel economy should be 
accompanied by the corresponding EPA figure. A general fuel economy 
claim would trigger disclosure of the EPA city figure, although the 
advertiser would be free to state the highway figure as well.
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    \1\ 64 FR 19729 (Apr. 22, 1999).
    \2\ 40 FR 42003 (Sept. 10, 1975); 43 FR 55747 (Nov. 29, 1978); 
60 FR 56230 (Nov. 8, 1995).
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    The Commission received three comments in response to the Federal 
Register Notice.\3\ All three of the comments recommended that the 
Commission retain the Fuel Guide. Two of the comments supported this 
recommendation by asserting that the Fuel Guide prevents deceptive or 
misleading fuel economy advertising and provides consumers with fuel 
economy numbers that can be used in making comparisons among vehicle 
models.\4\ One comment also noted that the expense to automobile 
manufacturers of implementing the Guide is minimal.\5\
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    \3\ The Commission's request for public comment elicited 
comments from: (1) Josephine S. Cooper, Alliance of Automobile 
Manufacturers, Washington, DC (``AAM''), #00001; (2) James C. 
Minnis, National Automobile Dealers Association, McLean, VA 
(``NADA''), #00002 and (3) David Sokol, Houston, TX (``Sokol'') 
#00003. These comments are on the public record in file number 
P004243 as document numbers B25589500001 through B25589500003. The 
comments are available for viewing in Room 130 at the Federal Trade 
Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580, from 
8:30 a.m. to 5:00 p.m., Monday-Friday.
    \4\ AAM, #00001; NADA, #00002.
    \5\ AAM, #00001.
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    After review of the Fuel Guide and its effect on the new vehicle 
industry and purchasers of new vehicles, the Commission concludes that 
the Fuel Guide is useful to both consumers and the new vehicle 
industry. The Guide affords clarity in the advertising of fuel economy 
and therefore should be retained. Price escalation in gasoline and 
diesel fuels has caused considerable interest and concern in the fuel 
industry and among consumers. The Commission believes that consumers 
will continue to benefit from accurate information in the advertising 
of fuel economy for new vehicles.
    The Fuel Guide has been a benefit to consumers, providing fuel 
economy numbers in advertising that allow meaningful comparisons of 
different vehicle models. While the benefit to consumers has been 
great, the cost to vehicle manufacturers of complying with the Guide's 
provisions has been minimal.
    Based on its review, the Commission has concluded that there is a 
continuing need for the Fuel Guide, which has benefitted both consumers 
and the new vehicle industry. The Commission therefore has decided to 
retain the Fuel Guide.

List of Subjects in 16 CFR Part 259

    Advertising, Fuel economy, Trade practices.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 02-5125 Filed 3-4-02; 8:45 am]
BILLING CODE 6750-01-M