Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 27817 

specifically refer to this AD. You are required 

to ensure the product is airworthy before it 

is returned to service. 

(l) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) European 

Aviation Safety Agency (EASA) 

Airworthiness Directive 2013–0201, dated 

September 4, 2013, for related information. 

This MCAI may be found in the AD docket 

on the Internet at http://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2014–0251. 

(2) For service information identified in 

this AD, contact Airbus SAS, Airworthiness 

Office—EAL, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; telephone +33 

5 61 93 36 96; fax +33 5 61 93 45 80; email 

airworthiness.A330-A340@airbus.com; 

Internet http://www.airbus.com. You may 

view this service information at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue SW., Renton, WA. For information 

on the availability of this material at the 

FAA, call 425–227–1221. 

Issued in Renton, Washington, on April 14, 

2014. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–11187 Filed 5–14–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 193 

[Docket No. FAA–2013–0375] 

Technical Operations Safety Action 

Program (T–SAP) and Air Traffic Safety 

Action Program (ATSAP) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of order designating 

safety information as protected from 

disclosure; disposition of comments. 

SUMMARY: This action affirms the policy 

and responds to comments received in 

response to the Notice published on July 

19, 2013 (78 FR 43091) regarding the 

application of our regulations, 

Technical Operations Safety Action 

Program (T–SAP) and Air Traffic Safety 

Action Program (ATSAP). The Notice 

proposed that safety information 

provided to the FAA under the T–SAP 

and ATSAP programs be designated by 

an FAA Order as protected from public 

disclosure in accordance with the 

provisions of our regulations, Protection 

of Voluntarily Submitted Information. 

The designation is intended to 

encourage persons to voluntarily 

provide information to the FAA under 

the T–SAP and ATSAP, so the FAA can 

learn about and address aviation safety 

hazards and implement, as appropriate, 

corrective measures for events or safety 

issues. 

DATES: This action becomes effective 

May 15, 2014. 

ADDRESSES: For information on where to 

obtain copies of documents and other 

information related to this action, see 

‘‘How to Obtain Additional 

Information’’ in the SUPPLEMENTARY

INFORMATION section of this notice. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning this action, 

contact Ms. Coleen Hawrysko, Group 

Manager, Air Traffic Organization 

(ATO) Safety Programs, Federal 

Aviation Administration, 490 L’Enfant 

Plaza, Suite 7200, Washington, DC 

20024; telephone (202) 385–4571, email 

coleen.hawrysko@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Under Title 49 of the United States 

Code (49 U.S.C.), section 40123, certain 

voluntarily provided safety and security 

information is protected from disclosure 

in order to encourage persons to provide 

the information. In accordance with 14 

CFR part 193, Protection of Voluntarily 

Submitted Information, the FAA must 

issue an Order that specifies why the 

agency finds that the information 

should be protected. If the 

Administrator issues an Order 

designating information as protected 

under 49 U.S.C. 40123, that information 

will not be disclosed under the Freedom 

of Information Act (FOIA) (Title 5 of the 

United States Code (5 U.S.C.)), section 

552 or other laws, except as provided in 

49 U.S.C. 40123, 14 CFR part 193, and 

the Order designating the information as 

protected. This Order is issued under 

part 193; section 193.11, which sets out 

the notice procedure for designating 

information as protected. 

The designation of protected 

information is intended to encourage 

persons to voluntarily provide 

information to the FAA under the T– 

SAP and ATSAP, so the FAA can learn 

about and address aviation safety 

hazards of which it was unaware or 

more fully understand and implement 

corrective measures for events or safety 

issues known by it through other means. 

The designation is applicable to any 

FAA office that receives information 

covered under this designation from T– 

SAP, established in Notice JO 7210.807, 

and which will be incorporated in FAA 

Order JO 7200.20, Voluntary Safety 

Reporting Programs, or the ATSAP 

described in FAA Order JO 7200.20. The 

designation will also apply to any other 

government agency to receive T–SAP or 

ATSAP information covered under the 

designation from the FAA, and each 

such agency must first stipulate in 

writing that it will abide by the 

provisions of part 193 and the Order 

designating T–SAP and ATSAP as 

protected from public disclosure under 

14 CFR part 193. 

Except for T–SAP or ATSAP reports 

that involve possible criminal conduct, 

substance abuse, controlled substances, 

alcohol, or intentional falsification, the 

following information will be protected 

from disclosure: 

(1) The content of any report 

concerning an aviation safety or security 

matter that is submitted by a qualified 

participant under the T–SAP or ATSAP 

report, and the name of the submitter of 

the report. Notwithstanding the 

foregoing, mandatory information about 

occurrences that are required to be 

reported under FAA Orders, Notices or 

guidance is not protected under this 

designation, unless the same 

information has also been submitted or 

reported under other procedures 

prescribed by the Agency. The 

exclusion is necessary to assure that the 

information protected under this 

designation has been voluntarily 

submitted. It also permits changes to 

FAA Orders, Notices and guidance 

without requiring a change to this 

designation. 

(2) Any evidence gathered by the 

Event Review Committee during its 

investigation of a safety-related or 

security-related event reported under T– 

SAP or ATSAP, including the T–SAP or 

ATSAP investigative file. 

T–SAP or ATSAP participants register 

for, and submit a report into, the 

electronic reporting system. These 

programs continue as long as provided 

for by Order, Notice, policy or a 

collective bargaining agreement. 

On July 19, 2013, the FAA issued a 

notice (78 FR 43091), Notice of 

Proposed Order Designating Safety 

Information as Protected from 

Disclosure (hereinafter, the ‘‘notice’’). 

The notice sought comment on the 

FAA’s intent to designate information 

voluntarily received under T–SAP or 

ATSAP as protected from public 

disclosure in accordance with the 

provisions of 14 CFR part 193. 

Discussion of Comments 

Three commenters submitted 

comments in response to docket 

number—FAA 2013–0375. The 

occupations and/or any group 

affiliations of the commenters were not 

stated. The commenters all opposed this 

action, and raised the following issues: 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
27818 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 

• This action is contrary to the 

President’s Open Government Initiative 

(OGI). 

• Denying public access to 

voluntarily-submitted reports would 

inhibit efforts to improve safety. 

• Disagreement with the FAA’s 

assertion that this policy is needed to 

insure that safety events would be 

reported by FAA personnel. 

• Requirements contained in part 193 

are not applicable to federal employees. 

I. The President’s Open Government 

Initiative 

The commenters asserted that this 

policy of non-disclosure of information 

to the public is contrary to the goals of 

the OGI. The OGI is an initiative that 

includes executive orders, action plans, 

memoranda, etc., which espouses 

enhanced principles of open 

government, transparency and greater 

access to information. 

The FAA’s position is that OGI 

provides for the appropriate protection 

of data where there is a compelling 

public safety interest. The FAA believes 

the public is best served by systematic 

risk mitigation, rather than by a 

sporadic focus on high-profile or 

emotionally-charged incidents. This can 

only be achieved through broad-based 

data collection and analysis in an 

environment of trust and confidence 

that the results will not be 

inappropriately released. To the issue of 

scope, the OGI does not conflict with 

the law regarding protection of safety 

data. 

The following summarizes the policy 

intent of the President’s Memorandum 

on Transparency and Open 

Government: ‘‘This memorandum is not 

intended to, and does not, create any 

right or benefit, substantive or 

procedural, enforceable at law or in 

equity by a party against the United 

States, its departments, agencies, or 

entities, its officers, employees, or 

agents, or any other person.’’ The full 

text can be found at: 

(The President’s MEMORANDUM 

FOR THE HEADS OF EXECUTIVE 

DEPARTMENTS AND AGENCIES, 

SUBJECT: Transparency and Open 

Government, http://www.whitehouse.

gov/the_press_office/Transparency_

and_Open_Government/. 

The balance of needs is demonstrated 

in the Memorandum for the Heads of 

Executive Departments and Agencies: 

‘‘Moreover, nothing in this Directive 

shall be construed to suggest that the 

presumption of openness precludes the 

legitimate protection of information 

whose release would threaten national 

security, invade personal privacy, 

breach confidentiality, or damage other 

genuinely compelling interests.’’ The 

full text can be found at: (Office of 

Management and Budget, Open 

Government Directive, December 8, 

2009, M–10–06, MEMORANDUM FOR 

THE HEADS OF EXECUTIVE 

DEPARTMENTS AND AGENCIES, 

http://www.whitehouse.gov/open/

documents/open-government-directive). 

Based on 49 U.S.C. 40123, the 

Administrator has found that the 

disclosure of T–SAP and ATSAP 

information would inhibit the voluntary 

provisions of that type of information 

and that the receipt of that type of 

information aids in fulfilling the 

agency’s safety and security 

responsibilities. The Administrator has 

issued regulations under 49 U.S.C. 

40123 to carry out provisions in this 

section. 14 CFR part 193 and follow on 

directives FAA Order JO 7200.20 and 

Notice JO 7210.807 detail FAA’s 

Voluntary Safety Reporting Programs. 

The Administrator has further found 

that withholding such information from 

disclosure would be consistent with the 

agency’s safety and security 

responsibilities allowed under 49 U.S.C. 

40123, and this change will protect such 

information from public disclosure. 

II. Denying Public Access to VoluntarilySubmitted Reports Would Inhibit Efforts 

To Improve Safety 

One commenter asserted that the 

ability of the public to hold the FAA 

accountable for its actions and policies 

is based on full access to very detailed 

information. The FAA disagrees. Public 

access to certain voluntarily-provided 

safety data is expressly limited by 

statute for the fundamental reasons 

already articulated—privacy and 

confidentiality concerns must be 

addressed before information will flow 

freely. The true aim of this regulatory 

change is to protect the flying public 

and aid in fulfilling the Administrator’s 

safety responsibilities. The commenter’s 

opinion that no harm would occur 

should protections be removed is 

contrary to history, industry consensus 

and Congressional intent. The fact that 

Aviation Safety Action Programs reports 

have been covered under Part 193 and 

FAA Order 8000.82 since 2003 is 

evidence of the understanding that this 

information will only be obtained if 

confidentiality under the law is 

maintained. 

III. Disagreement With the FAA’s 

Assertion That This Policy of NonDisclosure Is Needed To Insure That 

That Safety Events Are Reported by 

FAA Personnel 

One commenter referred to the NASA 

Aviation Safety Reporting System 

(ASRS), and claimed the de-identified 

reports are providing adequate 

information into their publicly 

disclosable ASRS database. The FAA 

asserts that ASRS and ATSAP programs 

are both an important source of 

information, but are not the same, and 

thus require different parameters and 

guidelines. ASRS does not accept 

reports related to accidents, thus critical 

protection may not be available when it 

is most needed. In addition, ASRS does 

not provide the comprehensive 

background and organizational structure 

to adequately implement corrective 

actions, as NASA does not have 

regulatory or enforcement authority. On 

a positive note, however, ATSAP 

directly supports the ASRS program, as 

submitters may voluntarily request deidentified reports be provided to ASRS. 

In fact, since November of 2010, a 

significant portion of the ATSAP safety 

data already resides in that publiclyavailable database. Prior to providing 

this option, ASRS was receiving a very 

low number of reports from controllers. 

The monthly average went from less 

than 50 to more than 500 after the 

option to send a copy of a submitted 

ATSAP report to ASRS was provided. 

ASRS further redacts information from 

ATSAP reports, and makes only about 

10 percent of those reports available on 

their public site. Simply removing 

names, as the commenter suggests, 

would do little to preserve 

confidentiality or privacy, as 

descriptions of airports, aircraft and 

time of day point directly to officiallyavailable records of who was on duty at 

the time of an event. As stated in the 

NASA paper, ‘‘ASRS: The Case for 

Confidential Incident Reporting 

Systems’’, ‘‘People are generally willing 

to share their knowledge if they are 

assured their identities will remain 

confidential, and ultimately, 

anonymous and the information they 

provide will be protected from 

disciplinary and legal consequences.’’ 

IV. Requirements Contained in Part 193 

Are Not Applicable to Federal 

Employees 

All commenters stated they believed 

that the provisions contained in 14 CFR 

part 193 do not preclude participation 

by government employees; however, 

they all were resolute in their opinion 

that government employees should not 

be included and they asserted that not 

including them was the original intent. 

The distinction between the airlines 

Aviation Safety Reporting Programs and 

the FAA’s Voluntary Safety Reporting 

Program (VSRP) is irrelevant to the 

intent and language of part 193, as the 

focus is on protecting safety information 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 27819 

regardless of its source. Federal 

employees engaged in public safety are 

no less affected by concerns regarding 

their privacy and undue scrutiny than 

industry employees. The goal of the 

protective provisions of a VSRP is to 

remove barriers to reporting for anyone 

with relevant knowledge of a safety 

issue, and there is no functional 

difference between private and public 

sector employees who may have 

concerns for confidentiality. As noted 

by one commenter, part 193 does not 

prohibit the protection of the FAA 

employees from the disclosure of safety 

and security information voluntarily 

submitted to the FAA. 

14 CFR 193.1 states, ‘‘. . . FAA 

protects from disclosure safety and 

security information that you submit 

voluntarily to the FAA.’’ § 193.5(b) 

states that ‘‘You may be any person, 

including an individual, a company, or 

an organization.’’ Any person may 

voluntarily submit information if it is 

accomplished under a designated safety 

reporting program. Additionally, there 

is no explicit exclusion of any group or 

individual. The determination of the 

Administrator to designate safety 

information for protection is fully 

within the scope and intent of the law. 

Two commenters asserted that the 

FAA is changing its rationale for 

withholding information. This policy 

merely strengthens the FAA’s 

determination that the protection of 

certain voluntarily provided safety 

information from disclosure under the 

FOIA enhances the agency’s ability to 

obtain safety information that it would 

likely not otherwise have received. 

Additional Background 

Since receiving its first report in July 

2008, ATSAP has received over 73,000 

reports, a remarkable record of success 

compared to previous years when 

traditional reporting yielded 

information on perhaps a few hundred 

incidents per year. Of those VSRP 

reports, significant numbers provide 

information about safety issues that are 

not technically required to be reported, 

providing an avenue for risk 

identification that was previously 

nonexistent. 

There have been over 100 Corrective 

Action Requests issued as the result of 

ATSAP reports and over 60 as the result 

of T–SAP reports to date, of which 

nearly half have been fully mitigated. 

Information disclosed in ATSAP reports 

over the past 5 years has contributed to 

more than 200 safety improvements, 

including local, regional and national 

actions to improve safety. T–SAP 

reports received in the past 3 years have 

contributed to over 100 safety 

improvements. The continued 

identification of hazards in the National 

Airspace System as a result of reports 

received from front line personnel is 

vital to the safety of the flying public. 

Without protecting the confidentiality of 

these voluntary safety report submitters 

there is no way to build the trust 

necessary to encourage the reporting of 

actual and potential safety hazards to 

the degree the FAA is now realizing, if 

at all. 

In addition to countless informal 

contacts initiated to resolve safety 

issues, the FAA’s VSRPs publish safety 

briefing sheets and alerts to thousands 

of aviation safety professionals 

regarding issues identified in VSRP 

reports, often including de-identified 

excerpts from reports that are 

significant, educational, and timely. 

Conclusion 

Upon review of the issued notice and 

submitted comments, the FAA has 

affirmed the proposed policy, and 

designates information received from a 

T–SAP or ATSAP submission as 

protected under 49 U.S.C. 40123 and 14 

CFR 193.7. 

Voluntarily-Provided Information 

Protected From Disclosure Under the 

Designation 

Except for T–SAP or ATSAP reports 

that involve possible criminal conduct, 

substance abuse, controlled substances, 

alcohol, or intentional falsification, the 

following information is protected from 

disclosure: 

(1) The content of any report 

concerning an aviation safety or security 

matter that is submitted by a qualified 

participant under the T–SAP or ATSAP, 

that is accepted into either program, 

including the T–SAP or ATSAP 

narrative report, and the name of the 

submitter of the report. Notwithstanding 

the foregoing, mandatory information 

about occurrences that are required to 

be reported under FAA Orders, Notices 

or guidance is not protected under this 

designation, unless the same 

information has also been submitted or 

reported under other procedures 

prescribed by the Agency. The 

exclusion is necessary to assure that the 

information protected under this 

designation has been voluntarily 

submitted. It also permits changes to 

FAA Orders, Notices and guidance 

without requiring a change to this 

designation. 

(2) Any evidence gathered by the 

Event Review Committee during its 

investigation of a safety- or securityrelated event or issue reported under T– 

SAP or ATSAP, including the T–SAP or 

ATSAP investigative file. 

Ways To Participate 

Individuals who are qualified 

participants register for, and submit a 

report into, the electronic reporting 

system. 

Duration of Voluntary Safety Reporting 

Programs 

These programs continue as long as 

provided for by Order, Notice, policy or 

a collective bargaining agreement. 

Summary of Why the FAA Finds That 

the Disclosure of the Information Would 

Inhibit Persons From Voluntarily 

Providing That Type of Information 

The FAA finds that disclosure of the 

information would inhibit the voluntary 

provision of that type of information. 

Individuals are unwilling to voluntarily 

provide detailed information about 

safety events and concerns, including 

those that might involve their own 

failures to follow Agency directives and 

policies, if such information could be 

released publicly. If information is 

publicly disclosed, there is a strong 

likelihood that the information could be 

misused for purposes other than to 

address and resolve the reported safety 

concern. Unless the FAA can provide 

assurance that safety-related reports will 

be withheld from public disclosure, 

personnel will not participate in the 

programs. 

Summary of Why the Receipt of That 

Type of Information Aids in Fulfilling 

the FAA’s Safety Responsibilities 

The FAA finds that receipt of 

information in T–SAP or ATSAP reports 

aids in fulfilling the FAA’s safety 

responsibilities. Because of its capacity 

to provide early identification of needed 

safety improvements, this information 

offers significant potential for 

addressing hazards that could lead to 

incidents or accidents. In particular, one 

of the benefits of T–SAP and ATSAP is 

that they encourage the submission of 

narrative descriptions of occurrences 

and actual and potential safety hazards 

that provide more detailed information 

than is otherwise available. The T–SAP 

and ATSAP produce safety-related data 

that is not available from any other 

source. Receipt of this previously 

unavailable information has provided 

the FAA with an improved basis for 

modifying procedures, policies, and 

regulations to improve safety and 

efficiency. 

Consistencies and Inconsistencies With 

FAA Safety Responsibilities 

The FAA finds that withholding T– 

SAP and ATSAP information from 

public release is consistent with the 

FAA’s safety responsibilities because it 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
27820 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Proposed Rules 

1The Commission announced final revisions to 

the Alternative Fuels Rule in an April 23, 2013 

Final Rule (78 FR 23832). In 2011, EPA completed 

revisions to its fuel economy labeling requirements, 

which, among other things, addressed labels for 

alternative-fueled vehicles (AFVs) not specifically 

addressed in past EPA requirements. See 76 FR 

39478 (July 6, 2011). 

2 15 U.S.C. 45(a). The Guides do not have the 

force and effect of law and are not independently 

enforceable. However, failure to comply with 

industry guides may result in law enforcement 

action under applicable statutory provisions. The 

Commission, therefore, can take action under the 

FTC Act if a business makes fuel economy claims 

inconsistent with the Guides. In any such 

enforcement action, the Commission must prove 

that the act or practice at issue is unfair or deceptive 

in violation of Section 5 of the FTC Act. 

encourages individuals to provide 

important safety information that it 

otherwise might not receive. 

The FAA designates the following 

information as protected from 

disclosure in accordance with 49 U.S.C. 

40123 and 14 CFR part 193: 

b. Description of the type of 

information that may be voluntarily 

provided under the program and a 

summary of why the FAA finds that the 

information is safety-related. 

(1) The following types of reports are 

ordinarily submitted under the T–SAP 

or ATSAP: 

i. Noncompliance reports. 

Noncompliance reports identify specific 

instances of a failure to follow FAA 

directives. 

ii. Aviation safety concern reports. 

Aviation safety concerns that do not 

involve specific noncompliance with 

FAA directives. These may include, but 

are not limited to, potential safety 

events or perceived problems with 

policies, procedures, and equipment. 

(2) Technical Operations personnel 

support the delivery and efficiency of 

flight services through maintenance of 

the National Airspace System facilities, 

systems and equipment. Reports 

submitted by these employees under T– 

SAP ordinarily involve matters or 

observations occurring during the 

performance of their job responsibilities, 

and therefore the information submitted 

is inherently safety related. Air Traffic 

personnel provide and support the 

provision of air traffic services at FAA 

facilities throughout the NAS. Reports 

submitted by these employees under 

ATSAP ordinarily involve occurrences 

or problems identified or experienced 

during the performance of their job 

responsibilities which directly affect 

safety. 

Issued in Washington, DC, on May 9, 2014. 

Michael P. Huerta, 

Administrator, Federal Aviation 

Administration. 

[FR Doc. 2014–11150 Filed 5–14–14; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 259 

Guide Concerning Fuel Economy 

Advertising for New Automobiles 

AGENCY: Federal Trade Commission. 

ACTION: Regulatory Review; Request for 

public comment. 

SUMMARY: The Federal Trade 

Commission (‘‘FTC’’ or ‘‘Commission’’) 

resumes its regulatory review of the 

Guide Concerning Fuel Economy 

Advertising for New Automobiles 

(‘‘Fuel Economy Guide’’ or ‘‘Guide’’). 

The Commission seeks comments on 

potential amendments to update the 

Guide to reflect changes to the 

Environmental Protection Agency’s 

(‘‘EPA’’) fuel economy labeling rules, 

address advertising for alternative 

fueled vehicles, and consider other 

advertising claims prevalent in the 

market. 

DATES: Comments must be received on 

or before July 10, 2014. 

ADDRESSES: Interested parties may file a 

comment online or on paper by 

following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘Fuel Economy Guide, 

R711008’’ on your comment, and file 

your comment online at https://

ftcpublic.commentworks.com/ftc/

fueleconomyguide by following the 

instructions on the web-based form. If 

you prefer to file your comment on 

paper, mail your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

600 Pennsylvania Avenue NW., Suite 

CC–5610, (Annex O), Washington, DC 

20580, or deliver your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Constitution Center, 400 7th Street SW., 

5th Floor, Suite 5610, (Annex O), 

Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: 

Hampton Newsome, (202) 326–2889, 

Attorney, Division of Enforcement, 

Bureau of Consumer Protection, Federal 

Trade Commission, Room M–8102B, 

600 Pennsylvania Avenue NW., 

Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Commission issued the Fuel 

Economy Guide (16 CFR Part 259) in 

1975 to prevent deceptive fuel economy 

advertising for new automobiles and to 

facilitate the use of fuel economy 

information in advertising. The Guide 

helps advertisers avoid unfair or 

deceptive claims under Section 5 of the 

FTC Act. To accomplish this goal, the 

Guide advises marketers to disclose 

established EPA fuel economy estimates 

(e.g., miles per gallon or ‘‘mpg’’) 

whenever they make any fuel economy 

claim based on those estimates. In 

addition, if advertisers make fuel 

economy claims based on non-EPA 

tests, the Guide directs them to disclose 

EPA-derived fuel economy information 

and provide details about the non-EPA 

tests such as the test’s source, driving 

conditions, and vehicle configurations. 

On April 28, 2009 (74 FR 19148), the 

Commission published a Notice of 

Proposed Rulemaking (‘‘NPRM’’) 

soliciting comments on proposed 

amendments to the Guide. The 

Commission then postponed its Guide 

review in a June 1, 2011 Notice (76 FR 

31467) pending new fuel economy 

labeling requirements from the EPA and 

completion of the FTC’s Alternative 

Fuel Rule (16 CFR Part 309) review. The 

Commission explained that Fuel 

Economy Guide revisions would be 

premature before the conclusion of 

these regulatory proceedings. 

With these two activities now 

complete, the Commission resumes its 

review of the Fuel Economy Guide with 

this document.1 The document contains 

a discussion of the Guide’s format and 

content, a brief analysis of earlier 

comments received, and a discussion of 

several fuel economy claims. The 

Commission seeks comments on these 

issues, including issues it has raised in 

earlier documents, and any other matter 

related to the Guide. Though this 

document contains several proposed 

changes to the Guide, it does not present 

specific, proposed text revisions. The 

Commission will wait and include, if 

warranted, such specific language in a 

subsequent document after reviewing 

comments and consumer research 

results. 

In considering potential revisions to 

the FTC Guide, commenters should 

focus on information that helps 

marketers avoid deceptive or unfair 

claims prohibited by the FTC Act.2 The 

Guide is not intended to identify 

disclosures that are merely helpful or 

desirable to consumers. Likewise, 

commenters should not address the 

adequacy of EPA fuel economy test 

procedures or the accuracy of EPA label 

content. Such issues fall within the 

EPA’s purview and the Commission 

generally defers to that agency’s 

technical expertise and statutory 

authority over such matters and are 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS