[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR259.1]

[Page 178-179]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 259_GUIDE CONCERNING FUEL ECONOMY ADVERTISING FOR NEW AUTOMOBILES
--Table of Contents
 
Sec. 259.1  Definitions.




Sec.
259.1 Definitions.
259.2 Advertising disclosures.

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


    For the purposes of this part, the following definitions shall 
apply:
    (a) New automobile. Any passenger automobile or light truck for 
which a fuel economy label is required under the Energy Policy and 
Conservation Act (42 U.S.C. 6201 et seq.) or rules promulgated 
thereunder, the equitable or legal title to which has never been 
transferred by a manufacturer, distributor, or dealer to an ultimate 
purchaser. The term manufacturer shall mean any person engaged in the 
manufacturing or assembling of new automobiles, including any person 
importing new automobiles for resale and any person who acts for and is 
under control of such manufacturer, assembler, or importer in connection 
with the distribution of new automobiles. The term dealer shall mean any 
person, resident or located in the United States or any territory 
thereof, engaged in the sale or distribution of new automobiles to the 
ultimate purchaser. The term ultimate purchaser means, for purposes of 
this part, the first person, other than a dealer purchasing in his or 
her capacity as a dealer, who in good faith purchases such new 
automobile for purposes other than resale, including a person who leases 
such vehicle for his or her personal use.
    (b) Estimated city mpg. The gasoline consumption or mileage of new 
automobiles as determined in accordance with the city test procedure 
employed and published by the U.S. Environmental Protection Agency as 
described in 40 CFR 600.209-85 and expressed in miles-per-gallon, to the 
nearest whole mile-per-gallon, as measured, reported, published, or 
accepted by the U.S. Environmental Protection Agency.
    (c) Estimated highway mpg. The gasoline consumption or mileage of 
new automobiles as determined in accordance with the highway test 
procedure employed and published by the U.S.

[[Page 179]]

Environmental Protection Agency as described in 40 CFR 600.209-85 and 
expressed in miles-per-gallon, to the nearest whole mile-per-gallon, as 
measured, reported, published, or accepted by the U.S. Environmental 
Protection Agency.
    (d) Vehicle configuration. The unique combination of automobile 
features, as defined in 40 CFR 600.002-85(24).
    (e) Estimated in-use fuel economy range. The estimated range of city 
and highway fuel economy of the particular new automobile on which the 
label is affixed, as determined in accordance with procedures employed 
by the U.S. Environmental Protection Agency as described in 40 CFR 
600.311 (for the appropriate model year), and expressed in miles-per-
gallon, to the nearest whole mile-per-gallon, as measured, reported or 
accepted by the U.S. Environment Protection Agency.
    (f) Range of estimated fuel economy values for the class of new 
automobiles. The estimated city and highway fuel economy values of the 
class of automobile (e.g., compact) as determined by the U.S. 
Environmental Protection Agency pursuant to 40 CFR 600.315 (for the 
appropriate model year) and expressed in miles-per-gallon, to the 
nearest whole mile-per-gallon.

[60 FR 56231, Nov. 8, 1995]