Request for Comment on the Guide Concerning Fuel Advertising for New Automobiles

Federal RegisterApr 22, 1999

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FEDERAL TRADE COMMISSION

16 CFR Part 259

Request for Comment on the Guide Concerning Fuel Advertising for

New Automobiles

AGENCY: Federal Trade Commission.

ACTION: Request for public comment.

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SUMMARY: The Federal Trade Commission (``Commission'') requests public

comment on the overall costs and benefits and the continuing need for

its Guide Concerning Fuel Economy Advertising for New Automobiles

(``Fuel Economy Guide'' or ``Guide''), 16 CFR Part 259, as part of the

Commission's systematic review of all

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current Commission regulations and guides.

DATES: Written comments will be accepted until June 21, 1999.

ADDRESSES: Mailed comments should be directed to: Secretary, Federal

Trade Commission, Room H-159, 600 Pennsylvania Ave., NW., Washington,

DC 20580. Mailed comments should be identified as `` Fuel Guide, 16 CFR

Part 256--Comment.'' E-Mail comments will be accepted at

[FuelG[email protected]]. Those who comment by e-mail should give a mailing

address to which an acknowledgment can be sent.

FOR FURTHER INFORMATION CONTACT: Willie L. Greene, Investigator,

Federal Trade Commission, Cleveland Regional Office, Cleveland, OH

44114, telephone number (216) 236-3406.

SUPPLEMENTARY INFORMATION:

I. Background

The Commission adopted the Guide Concerning Fuel Economy

Advertising for New Automobiles in 1975 to prevent deceptive fuel

economy advertising and to facilitate the use of fuel economy in

advertising. Since its enactment, the Guide has advised marketers to

disclose the established fuel economy of the vehicle as determined by

EPA's Automobile Information Disclosure Act (15 U.S.C. 2206) in

advertisements that make representations regarding the fuel economy of

a new vehicle. These EPA fuel economy numbers also appear on window

labels attached to new automobiles.

In 1978 and 1995, the Commission amended the Guide to make it

consistent with EPA Information Disclosure Act changes regarding fuel

economy disclosures. 43 FR 55757 (November 29, 1978); 60 FR 56230 (Nov.

8, 1995).

II. Regulatory Review Program

The Commission has determined to review all current Commission

rules and guides periodically. These reviews seek information about the

cost and benefits of the Commission's rules and guides and their

regulatory and economic impact. The information obtained assists the

Commission in identifying rules and guides that warrant modification or

rescission. Therefore, the Commission solicits comments on, among other

things, the economic impact of and the continuing need for the Guide

concerning Fuel Economy Advertising for New Automobiles; possible

conflict between the Guide and state, local or other federal laws; and

the effect on the Guide of any technological, economic, or other

industry changes.

III. Request for Comment

The Commission solicits written public comments on the following

questions:

(1) Is there a continuing need for the Guide Concerning Fuel

Economy Advertising for New Automobiles?

(a) What benefits has the Guide provided to purchasers of the

product affected by the Guide?

(b) Has the Guide imposed costs on purchasers?

(2) What changes, if any, should be made to the Guide to increase

the benefits of the Guide to purchasers? How would these changes affect

the costs the Guide imposes on firms who conform to its advice? How

would these changes affect the benefits to purchasers?

(3) What significant burdens or costs, including costs of

compliance, has the Guide imposed on firms who conform to its advice?

Has the Guide provided benefits to such firms? If so, what benefits?

(4) What changes, if any, should be made to the Guide to reduce the

burdens or costs imposed on firms who conform to its advice? How would

these changes affect the benefits provided by the Guide?

(5) Does the Guide overlap or conflict with other federal, state,

or local laws or regulations?

(6) Since the Guide was issued, what effects have changes in

relevant technology or economic conditions had on the Guide? Do sellers

of automobiles use E-mail or the Internet to promote or sell by using

fuel economy advertisements? Does the use of this new technology affect

consumers' rights or advertisers' responsibilities under the Guide?

(7) Are there any abuses occurring in the promotion or advertising

of fuel economy that are not covered by the Guide? If so, what

mechanisms should be explored to address such abuses (e.g., consumer

education, industry self-regulation, revisions to the Guide)?

List of Subjects in 16 CFR Part 259

Advertising, Fuel economy, Trade practices.

Authority: 15 U.S.C. 41-58.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 99-9842 Filed 4-21-99; 8:45 am]

BILLING CODE 6750-01-P

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