Guide Concerning Fuel Economy Advertising for New Automobiles, 31467-31468 [2011-13519]

Download as PDF Federal Register / Vol. 76, No. 105 / Wednesday, June 1, 2011 / Rules and Regulations to the engine, in-flight engine shutdown and forced landing, damage to the aeroplane and injury to occupants. For the reasons described above, this AD requires, for the affected engines, the replacement of the P/N 944072 washer and associated gasket ring P/N 950141 with serviceable parts, having the same P/N. This AD also prohibits installation of an affected engine on an aeroplane, unless the washer on that engine has been replaced as required by this AD. Actions and Compliance (f) Unless already done, do the following actions. (1) Within the next 10 hours time-inservice (TIS) after June 16, 2011 (the effective date of this AD) or within 4 months after June 16, 2011 (the effective date of this AD), whichever occurs first, replace washer, part number (P/N) 944072, and associated gasket ring, P/N 950141, on the magneto ring flywheel hub with FAA-approved serviceable parts with the same P/Ns. Do the replacements following the Accomplishment Instructions in Rotax Aircraft Engines Mandatory Service Bulletin SB–912–058 and SB–914–041 (same document), dated April 15, 2011. (2) As of June 16, 2011 (the effective date of this AD), do not install a Rotax Aircraft Engines 912 A series engine listed in paragraph (c) of this AD unless the washer, P/N 944072, and the gasket ring, P/N 950141, have been replaced as required in paragraph (f)(1) of this AD. FAA AD Differences jlentini on DSK4TPTVN1PROD with RULES Note: This AD differs from the MCAI and/ or service information as follows: EASA AD 2011–0067–E, dated April 15, 2011, requires returning the removed P/N 944072 to Rotax Aircraft Engines. We are not requiring this because FAA regulation, specifically 14 CFR 43.10, already requires disposition of unairworthy parts. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Sarjapur Nagarajan, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4145; fax: (816) 329–4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAAapproved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, a federal VerDate Mar<15>2010 17:41 May 31, 2011 Jkt 223001 agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120–0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES–200. Related Information (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No. 2011–0067–E, dated April 15, 2011, and Rotax Aircraft Engines Mandatory Service Bulletin SB–912– 058 and SB–914–041 (same document), dated April 15, 2011, for related information. Material Incorporated by Reference (i) You must use Rotax Aircraft Engines Mandatory Service Bulletin SB–912–058 SB– 914–041, dated April 15, 2011, to do the actions required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51. (2) For service information identified in this AD, contact BRP-Rotax GmbH & Co. KG, Welser Strasse 32, A–4623 Gunskirchen, Austria; phone: +43 7246 601 0; fax: +43 7246 601 9130; Internet: https://www.rotaxaircraft-engines.com. (3) You may review copies of the referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329–4148. (4) You may also review copies of the service information incorporated by reference for this AD at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: https://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. Issued in Kansas City, Missouri, on May 10, 2011. Earl Lawrence, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2011–13336 Filed 5–31–11; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 31467 FEDERAL TRADE COMMISSION 16 CFR Part 259 Guide Concerning Fuel Economy Advertising for New Automobiles Federal Trade Commission. Postponement of amendment of AGENCY: ACTION: guide. The Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’) gives notice that it is postponing any amendments to its Guide Concerning Fuel Economy Advertising for New Automobiles (‘‘Fuel Economy Guide’’ or ‘‘Guide’’) pending completion of ongoing review by the Environmental Protection Agency (‘‘EPA’’) and the National Highway Traffic Safety Administration (‘‘NHTSA’’) of current fuel economy labeling requirements and the Commission’s accelerated regulatory review of its own Labeling Requirements for Alternative Fuels and Alternative Fueled Vehicles Rule (‘‘Alternative Fuels Rule’’). DATES: This action is effective as of June 1, 2011. ADDRESSES: Requests for copies of this notice should be sent to the Consumer Response Center, Room 113, Federal Trade Commission, 600 Pennsylvania Ave., NW., Washington, DC 20580. The notice is also available on the Internet at the Commission’s Web site, https:// www.ftc.gov. FOR FURTHER INFORMATION CONTACT: Hampton Newsome at (202) 326–2889, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Washington, DC 20580. SUPPLEMENTARY INFORMATION: The Commission adopted the Fuel Economy Guide 1 in 1975 to prevent deceptive fuel economy advertising for new automobiles and to facilitate the use of fuel economy information in such advertising. The Guide helps advertisers of new automobiles avoid making unfair or deceptive claims.2 To accomplish this goal, the Fuel Economy Guide advises marketers to disclose established fuel economy estimates (e.g., SUMMARY: 1 16 CFR part 259. Commission issues industry guides, such as the Fuel Economy Guide, to help marketers avoid making advertising claims that are unfair or deceptive under Section 5 of the FTC Act, 15 U.S.C. 45. Guides such as these are administrative interpretations of the law. Therefore, they do not have the force and effect of law and are not independently enforceable. The Commission, however, can take action under the FTC Act if a marketer makes a fuel economy claim inconsistent with the Guide. In any such enforcement action, the Commission must prove that the challenged act or practice is unfair or deceptive. 2 The E:\FR\FM\01JNR1.SGM 01JNR1 31468 Federal Register / Vol. 76, No. 105 / Wednesday, June 1, 2011 / Rules and Regulations jlentini on DSK4TPTVN1PROD with RULES miles per gallon or ‘‘mpg’’) as determined by the mandatory EPA testing protocols. If advertisers make fuel economy claims based on non-EPA tests, the Guide directs them to disclose EPA-derived fuel economy information with substantially more prominence than other estimates 3 and provide details about the non-EPA tests such as the source of the test, driving conditions, and vehicle configurations. On April 28, 2009,4 the Commission published a Notice of Proposed Rulemaking (‘‘NPRM’’) soliciting comments on proposed amendments to the Guide. The Commission’s proposed revisions to the Guide included: (1) updating the Guide’s definitions and guidance to reflect the new ‘‘combined’’ fuel economy estimates established by the EPA’s fuel economy labeling requirements; and (2) extending advertising guidance to alternative fueled vehicles based on the Commission’s Alternative Fuels Rule.5 The Commission received eight comments from sources including the automobile manufacturing industry, local government, and consumers groups.6 Generally, the comments supported retaining the Guide and recognized its benefits. Several, however, noted inconsistencies between calculations and standards found in the FTC’s Alternative Fuels Rule and those established by the EPA’s fuel economy labeling requirements.7 On September 28, 2009, during the course of the Commission’s regulatory review for the Guide, EPA and NHTSA announced their ‘‘Proposed Rulemaking To Establish Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards.’’ 8 In that Federal Register Notice, the EPA and the NHTSA announced the creation of a ‘‘National Program * * * to reduce greenhouse gas emission and to improve fuel economy.’’ 9 To fulfill the statutory requirements of the Energy Independence and Security Act 10 and to conform with the goals of the National Program, the agencies are developing labels that ‘‘reflect fuel economy and greenhouse gas and other emissions * * * [and also include] a rating system 3 For audio advertisements, EPA fuel economy estimates must be given equal prominence as nonEPA estimates. 16 CFR 259.2(c)(1). 4 74 FR 19148. 5 16 CFR Part 309. 6 Comments are available at: https://www.ftc.gov/ os/comments/fueleconadguidepropamend/ index.shtm. 7 40 CFR Part 600, subpart D. 8 74 FR 49454 (Sep. 28, 2009). 9 Id. 10 Public Law 110–140. VerDate Mar<15>2010 17:41 May 31, 2011 Jkt 223001 that would make it easy for consumers to compare the fuel economy and greenhouse gas and other emissions of automobiles at the point of purchase.’’ 11 In addition, the agencies proposed creating their own label for alternative fueled vehicles, and solicited comment on proposed label formats in September 2010.12 The EPA’s proposed rulemaking impacts both the Commission’s Alternative Fuels Rule and its Fuel Economy Guide. That rulemaking will increase the coverage of EPA’s new fuel economy labels to include alternative fueled vehicles, many of which would also have additional labeling requirements under the existing Alternative Fuels Rule. Therefore, in a separate notice published today, the Commission is accelerating its review of the Alternative Fuels Rule to reduce the potential for conflicting or redundant labeling requirements. The result of the Commission’s review also may affect the guidance that the Commission would issue to new vehicle advertisers in the FTC’s Fuel Economy Guide. Therefore, the Commission has determined that it would be premature to publish amended guidance concerning fuel economy advertising until the EPA and the NHTSA conclude their regulatory reviews and the Commission completes its Regulatory Review of the Alternative Fuels Rule. The Commission continues to believe that guidance in this area would be beneficial but recognizes the value in issuing consistent government guidance. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2011–13519 Filed 5–31–11; 8:45 am] BILLING CODE 6750–01–P The Food and Drug Administration (FDA) is amending the Agency’s regulations to reflect changes to the Division of Freedom of Information’s office name, address, telephone number, and fax number and the Division of Freedom of Information Public Reading room’s fax and room number. This action is editorial in nature and is intended to improve the accuracy of the Agency’s regulations. DATES: This rule is effective June 1, 2011. SUMMARY: Fred Sadler, Division of Freedom of Information (ELEM–1029), Food and Drug Administration, 12420 Parklawn Dr., Element Bldg., Rockville, MD 20857, 301–796–8975. SUPPLEMENTARY INFORMATION: FDA is making technical amendments in the Agency’s regulations under 21 CFR parts 5, 10, 14, 19, 20, 21, 314, 350, 516, and 814 as a result of a recent office move. The former address, telephone number, and fax number was: rm. 6–30, Parklawn Bldg., 5600 Fishers Lane, Rockville, MD 20857, telephone: 301– 827–6567, FAX: 301–443–1726. The new address is: Division of Freedom of Information (ELEM–1029), 12420 Parklawn Dr., Element Bldg., Rockville, MD 20857, telephone: 301–796–3900, FAX: 301–796–9267. The Division of Freedom of Information Public Reading Room number is 1050. Publication of this document constitutes final action of these changes under the Administrative Procedures Act (5 U.S.C. 553). FDA has determined that notice and public comment are unnecessary because these amendments are merely correcting nonsubstantive errors. FOR FURTHER INFORMATION CONTACT: List of Subjects DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 5, 10, 14, 19, 20, 21, 314, 350, 516, and 814 [Docket No. FDA–2011–N–0318] Division of Freedom of Information; Change of Office Name, Address, Telephone Number, and Fax Number; Technical Amendments AGENCY: Food and Drug Administration, HHS. Final rule; technical amendments. ACTION: 11 74 FR at 49739. 12 75 FR 58078 (Sept. 23, 2010). PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 21 CFR Part 5 Authority delegations (Government agencies), Imports, Organization and functions (Government agencies). 21 CFR Part 10 Administrative practice and procedure, News media. 21 CFR Part 14 Administrative practice and procedure, Advisory committees, Color additives, Drugs, Radiation protection. 21 CFR Part 19 Conflict of interests. 21 CFR Part 20 Confidential business information, Courts, Freedom of Information, Government employees. E:\FR\FM\01JNR1.SGM 01JNR1

Agencies

[Federal Register Volume 76, Number 105 (Wednesday, June 1, 2011)]
[Rules and Regulations]
[Pages 31467-31468]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13519]


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FEDERAL TRADE COMMISSION

16 CFR Part 259


Guide Concerning Fuel Economy Advertising for New Automobiles

AGENCY: Federal Trade Commission.

ACTION: Postponement of amendment of guide.

-----------------------------------------------------------------------

SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') gives 
notice that it is postponing any amendments to its Guide Concerning 
Fuel Economy Advertising for New Automobiles (``Fuel Economy Guide'' or 
``Guide'') pending completion of ongoing review by the Environmental 
Protection Agency (``EPA'') and the National Highway Traffic Safety 
Administration (``NHTSA'') of current fuel economy labeling 
requirements and the Commission's accelerated regulatory review of its 
own Labeling Requirements for Alternative Fuels and Alternative Fueled 
Vehicles Rule (``Alternative Fuels Rule'').

DATES: This action is effective as of June 1, 2011.

ADDRESSES: Requests for copies of this notice should be sent to the 
Consumer Response Center, Room 113, Federal Trade Commission, 600 
Pennsylvania Ave., NW., Washington, DC 20580. The notice is also 
available on the Internet at the Commission's Web site, https://www.ftc.gov.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome at (202) 326-2889, 
Attorney, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: The Commission adopted the Fuel Economy 
Guide \1\ in 1975 to prevent deceptive fuel economy advertising for new 
automobiles and to facilitate the use of fuel economy information in 
such advertising. The Guide helps advertisers of new automobiles avoid 
making unfair or deceptive claims.\2\ To accomplish this goal, the Fuel 
Economy Guide advises marketers to disclose established fuel economy 
estimates (e.g.,

[[Page 31468]]

miles per gallon or ``mpg'') as determined by the mandatory EPA testing 
protocols. If advertisers make fuel economy claims based on non-EPA 
tests, the Guide directs them to disclose EPA-derived fuel economy 
information with substantially more prominence than other estimates \3\ 
and provide details about the non-EPA tests such as the source of the 
test, driving conditions, and vehicle configurations.
---------------------------------------------------------------------------

    \1\ 16 CFR part 259.
    \2\ The Commission issues industry guides, such as the Fuel 
Economy Guide, to help marketers avoid making advertising claims 
that are unfair or deceptive under Section 5 of the FTC Act, 15 
U.S.C. 45. Guides such as these are administrative interpretations 
of the law. Therefore, they do not have the force and effect of law 
and are not independently enforceable. The Commission, however, can 
take action under the FTC Act if a marketer makes a fuel economy 
claim inconsistent with the Guide. In any such enforcement action, 
the Commission must prove that the challenged act or practice is 
unfair or deceptive.
    \3\ For audio advertisements, EPA fuel economy estimates must be 
given equal prominence as non-EPA estimates. 16 CFR 259.2(c)(1).
---------------------------------------------------------------------------

    On April 28, 2009,\4\ the Commission published a Notice of Proposed 
Rulemaking (``NPRM'') soliciting comments on proposed amendments to the 
Guide. The Commission's proposed revisions to the Guide included: (1) 
updating the Guide's definitions and guidance to reflect the new 
``combined'' fuel economy estimates established by the EPA's fuel 
economy labeling requirements; and (2) extending advertising guidance 
to alternative fueled vehicles based on the Commission's Alternative 
Fuels Rule.\5\ The Commission received eight comments from sources 
including the automobile manufacturing industry, local government, and 
consumers groups.\6\ Generally, the comments supported retaining the 
Guide and recognized its benefits. Several, however, noted 
inconsistencies between calculations and standards found in the FTC's 
Alternative Fuels Rule and those established by the EPA's fuel economy 
labeling requirements.\7\
---------------------------------------------------------------------------

    \4\ 74 FR 19148.
    \5\ 16 CFR Part 309.
    \6\ Comments are available at: https://www.ftc.gov/os/comments/fueleconadguidepropamend/index.shtm.
    \7\ 40 CFR Part 600, subpart D.
---------------------------------------------------------------------------

    On September 28, 2009, during the course of the Commission's 
regulatory review for the Guide, EPA and NHTSA announced their 
``Proposed Rulemaking To Establish Light-Duty Vehicle Greenhouse Gas 
Emission Standards and Corporate Average Fuel Economy Standards.'' \8\ 
In that Federal Register Notice, the EPA and the NHTSA announced the 
creation of a ``National Program * * * to reduce greenhouse gas 
emission and to improve fuel economy.'' \9\ To fulfill the statutory 
requirements of the Energy Independence and Security Act \10\ and to 
conform with the goals of the National Program, the agencies are 
developing labels that ``reflect fuel economy and greenhouse gas and 
other emissions * * * [and also include] a rating system that would 
make it easy for consumers to compare the fuel economy and greenhouse 
gas and other emissions of automobiles at the point of purchase.'' \11\ 
In addition, the agencies proposed creating their own label for 
alternative fueled vehicles, and solicited comment on proposed label 
formats in September 2010.\12\
---------------------------------------------------------------------------

    \8\ 74 FR 49454 (Sep. 28, 2009).
    \9\ Id.
    \10\ Public Law 110-140.
    \11\ 74 FR at 49739.
    \12\ 75 FR 58078 (Sept. 23, 2010).
---------------------------------------------------------------------------

    The EPA's proposed rulemaking impacts both the Commission's 
Alternative Fuels Rule and its Fuel Economy Guide. That rulemaking will 
increase the coverage of EPA's new fuel economy labels to include 
alternative fueled vehicles, many of which would also have additional 
labeling requirements under the existing Alternative Fuels Rule. 
Therefore, in a separate notice published today, the Commission is 
accelerating its review of the Alternative Fuels Rule to reduce the 
potential for conflicting or redundant labeling requirements. The 
result of the Commission's review also may affect the guidance that the 
Commission would issue to new vehicle advertisers in the FTC's Fuel 
Economy Guide. Therefore, the Commission has determined that it would 
be premature to publish amended guidance concerning fuel economy 
advertising until the EPA and the NHTSA conclude their regulatory 
reviews and the Commission completes its Regulatory Review of the 
Alternative Fuels Rule. The Commission continues to believe that 
guidance in this area would be beneficial but recognizes the value in 
issuing consistent government guidance.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2011-13519 Filed 5-31-11; 8:45 am]
BILLING CODE 6750-01-P
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