[Federal Register Volume 78, Number 7 (Thursday, January 10, 2013)]
[Rules and Regulations]
[Pages 2200-2210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00116]
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FEDERAL TRADE COMMISSION
16 CFR Part 305
RIN 3084-AB15
Energy Labeling Rule
AGENCY: Federal Trade Commission (FTC or Commission).
ACTION: Final rule.
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SUMMARY: As part of its ongoing regulatory review of the Appliance
Labeling Rule (``Rule''), the Commission amends the Rule by
streamlining data reporting requirements for manufacturers, clarifying
testing requirements and enforcement provisions, improving online
energy label disclosures, and making several minor technical changes
and
[[Page 2201]]
corrections. The Commission continues to consider other issues related
to this regulatory review and may seek comment on additional proposals
in the future.
DATES: The amendments published in this document will become effective
on February 15, 2013, with the exception of the amendments to
Sec. Sec. 305.4(b)(6) and 305.6, which become effective on July 15,
2013, and the amendments to Sec. 305.20 and Appendix L, which become
effective on January 15, 2014. The incorporation by reference of
certain publications listed in the rule was approved by the Director of
the Federal Register as of May 10, 2011.
ADDRESSES: Requests for copies of this document should be sent to:
Public Reference Branch, Room 130, Federal Trade Commission, 600
Pennsylvania Avenue NW., Washington, DC 20580. The complete record of
this proceeding is also available at that address. Relevant portions of
the proceeding, including this document, are available at http://www.ftc.gov.
FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326-2889,
Attorney, Division of Enforcement, Bureau of Consumer Protection,
Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC
20580.
SUPPLEMENTARY INFORMATION:
I. Appliance Labeling Rule
The Commission issued the Appliance Labeling Rule pursuant to the
Energy Policy and Conservation Act (EPCA).\1\ The Rule requires energy
labeling for major household appliances and other consumer products to
help consumers compare competing models.\2\ When first published in
1979,\3\ the Rule applied to eight appliance categories: refrigerators,
refrigerator-freezers, freezers, dishwashers, water heaters, clothes
washers, room air conditioners, and furnaces. Subsequently, the
Commission expanded coverage to include central air conditioners, heat
pumps, plumbing products, lighting products, ceiling fans, and
televisions.\4\
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\1\ 42 U.S.C. 6291 et seq.
\2\ For more information about the Rule, see http://www.ftc.gov/appliances.
\3\ 44 FR 66466 (Nov. 19, 1979).
\4\ See 52 FR 46888 (Dec. 10, 1987) (central air conditioners
and heat pumps); 54 FR 28031 (Jul. 5, 1989) (fluorescent lamp
ballasts); 58 FR 54955 (Oct. 25, 1993) (certain plumbing products);
59 FR 25176 (May 13, 1994) (lighting products); 59 FR 49556 (Sep.
28, 1994) (pool heaters); 71 FR 78057 (Dec. 26, 2006) (ceiling
fans); and 76 FR 1038 (Jan. 6, 2011) (televisions).
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The Rule requires manufacturers to attach yellow EnergyGuide labels
on many of these products.\5\ It prohibits retailers from removing
these labels or rendering them illegible.\6\ In addition, the Rule
directs sellers, including retailers, to post energy disclosures on Web
sites and in paper catalogs from which consumers can order products.\7\
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\5\ See 42 U.S.C. 6302(a)(1); 16 CFR 305.4(a)(1). The
EnergyGuide label must appear on refrigerators, refrigerator-
freezers, freezers, room air conditioners, clothes washers,
dishwashers, pool heaters, central air conditioners, heat pumps,
furnaces, and televisions. See 16 CFR 305.11, 305.12, 305.14, and
305.17. The EnergyGuide label constitutes a visually uniform
``brand'' for all these products, but it has different dimensions
and disclosures based on the nature and energy use of the product.
See 16 CFR Part 305 Appx. L (label prototypes). Ceiling fans must
bear labels similar to EnergyGuide labels, but visually distinct. 16
CFR 305.13. The remainder of the Rule's covered products bear other
types of labels or disclosures related to energy or water use (for
plumbing products), rather than the EnergyGuide brand. For example,
common consumer light bulbs must bear a ``Lighting Facts'' label.
\6\ See 16 CFR 305.4(a)(2); 42 U.S.C. 6302(a)(2).
\7\ See 16 CFR 305.20; 42 U.S.C. 6296(a).
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EnergyGuide labels for covered appliances and televisions contain
three key disclosures: estimated annual operating cost (for most
products), a ``range of comparability'' showing the highest and lowest
energy consumption or efficiency ratings for all similar models, and
the product's energy consumption or energy efficiency rating as derived
from standard Department of Energy (DOE) tests. The Rule specifies the
content and format of the label. Manufacturers cannot place any
information on the label other than what the Rule specifically allows.
The Rule also contains reporting requirements for most products.
Under these requirements, manufacturers must submit data to the FTC
both when they begin manufacturing new models and on an annual basis
thereafter.\8\ These reports must contain, among other things,
estimated annual energy consumption or energy efficiency ratings. DOE
also has similar reporting requirements for its efficiency standards
certification program.\9\
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\8\ See 16 CFR 305.8; 42 U.S.C. 6296(b). In addition to current
models, each annual report must identify models discontinued since
the previous report. 16 CFR 305.8(b)(2). In addition to annual
reports, manufacturers must submit a report for each new model prior
to distribution of that model. 16 CFR 305.8(c).
\9\ 10 CFR Part 429.
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II. Regulatory Review
In a March 15, 2012 Notice of Proposed Rulemaking (NPRM),\10\ the
Commission initiated a regulatory review of the Rule, inviting comment
on several specific proposals as well as the Rule's overall regulatory
and economic impacts. In particular, the Commission proposed to: (1)
Eliminate duplicative requirements by harmonizing FTC and DOE reporting
and testing rules; (2) prohibit hang tag labels for all covered clothes
washers, dishwashers, and refrigerators, and instead require adhesive
labels; (3) require manufacturers to place room air conditioner labels
on display boxes instead of on the product; (4) improve retailer Web
site and paper catalog disclosures by retailers; (5) require
manufacturers to include estimated operating cost information on
ceiling fan labels; (6) require manufacturers to include specific
capacity information on clothes washer EnergyGuide labels; (7) require
a QR (``Quick Response'') code on EnergyGuide labels to link mobile
phone users to FTC and DOE information; (8) update product definitions
for refrigerators and freezers; (9) clarify the Rule's enforcement
provisions; and (10) shorten the Rule's title.\11\
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\10\ 77 FR 15298 (Mar. 15, 2012). In 2011, the Commission also
proposed amendments related to the Rule's light bulb coverage. See
76 FR 45715 (Aug. 1, 2011).
\11\ The Commission also proposed two technical corrections
related to ENERGY STAR logos on heating and cooling equipment and
television labels for small models. 77 FR 15298, 15303.
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The Commission has reviewed the responsive comments \12\ and now
issues final amendments to address two of the principal issues raised
in the NPRM--the harmonization of reporting and testing requirements,
and improvements to the Rule's online disclosure requirements--as well
as several less significant changes. In the future, the Commission
plans to address some of the other issues discussed in the NPRM, as
well as additional issues raised by commenters, because these issues
require further comment and consideration.
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\12\ The Commission received 15 timely comments in response to
the NPRM. The commenters included A.O. Smith Corporation
(00003), Air-Conditioning, Heating, and Refrigeration
Institute (AHRI) (00020), Alliance Laundry Systems LLC
(00011), Association of Home Appliance Manufacturers (AHAM)
(00013), Bradford White Corporation (00004), BSH
Home Appliances (00007), Consumer Electronics Association
(CEA) (00012), consolidated comments from the American
Council for an Energy-Efficient Economy, Appliance Standards
Awareness Project, Consumer Federation of America, Consumers Union,
Earthjustice, Natural Resources Defense Council, and Public Citizen
(referred to in this Notice as ``consolidated comments from consumer
and efficiency organizations'') (00015), Highfill, Lisa
(00006), National Electrical Manufacturers Association
(NEMA) (00005), Pacific Gas and Electric Company (PG&E)
(00009), Panasonic Corporation of North America
(00014), Sonthipanya, Shannon (00002), Southern
California Edison (00008), and Whirlpool Corporation
(00010). The comments can be found at: http://www.ftc.gov/os/comments/energylabelamend/index.shtm.
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III. Final Amendments
The Commission announces final amendments to improve the Rule
[[Page 2202]]
through harmonization of DOE and FTC reporting and testing rules,
enhance retailer Web site and paper catalog disclosures, update product
definitions for refrigerators and freezers, clarify the Rule's
enforcement and penalty provisions, change the Rule's title, and
correct a few technical errors. Below, we discuss the comments received
and the Commission's final decision on these issues.
A. Reporting and Testing Requirements
Background: In the NPRM, the Commission proposed to streamline
current reporting requirements by allowing manufacturers to submit FTC-
required data through a DOE database and by harmonizing FTC reporting
rules with DOE requirements. The Commission also proposed to clarify
FTC testing requirements for mandatory label disclosures.\13\
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\13\ The Rule's reporting requirements do not apply to
televisions and LED (light-emitting diode) light bulbs. 76 FR 1038,
1040 n.28 (Jan. 6, 2011).
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Specifically, the Commission proposed to allow manufacturers to
meet FTC reporting requirements by using DOE's new web-based tool for
energy reporting (the ``Compliance and Certification Management
System'' (CCMS)).\14\ Under current rules, manufacturers of each
covered product must submit one report to DOE \15\ and another, largely
duplicative submission to the FTC. Under the proposal, manufacturers
would send their reports only to DOE. Once manufacturers upload their
data to DOE's database, the FTC would obtain the information from DOE
and place it on the Commission's public record.\16\
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\14\ 75 FR 27183 (May 14, 2010).
\15\ See 10 CFR part 430; 42 U.S.C. 6296.
\16\ See 16 CFR 4.9(b)(10)(xii).
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The Commission also proposed to harmonize FTC reporting
requirements with DOE certification rules. To achieve this goal, the
FTC Rule would require the same report content as DOE. However, for
ceiling fans, the FTC would continue to maintain separate reporting
requirements because DOE's test procedures for these products are not
mandatory.
In addition, the Commission proposed to clarify the DOE testing
requirements that manufacturers must use to determine energy
information for FTC labels. The current FTC Rule calls for adherence to
applicable DOE test procedures generally, but does not mention several
specific DOE testing requirements such as sampling rules, testing
accreditation (for light bulbs), and testing waiver procedures. The
proposed amendments specify that manufacturers must test their products
in accordance with all of these DOE testing requirements.\17\
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\17\ Unless otherwise specified in the Rule, the Commission did
not propose to require compliance with any DOE testing provisions
that DOE does not require for certification. This will ensure that
the FTC does not inadvertently impose additional testing
requirements. The Commission also proposed to eliminate various
references to recommended Illuminating Engineering Society (IES)
test procedures for incandescent and compact fluorescent lamps now
superseded by specific DOE testing requirements.
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Comments: Commenters supported the proposal to harmonize FTC
reporting and testing regulations with DOE.\18\ For example, the
Association of Home Appliance Manufacturers (AHAM) explained that the
change ``would go a long way to minimize the burdens associated with
this dual reporting.'' Similarly, the Air-Conditioning, Heating, and
Refrigeration Institute (AHRI) observed that existing duplicative
reporting requirements do not ``provide any benefit to consumers while
considerably increasing the regulatory burden on manufacturers.'' No
comments opposed the proposals. Commenters also urged the Commission to
consider three specific issues related to reporting and testing.
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\18\ See, e.g., Alliance, AHAM, National Electrical
Manufacturers Association (NEMA), Energy and Consumer Organization
Commenters.
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First, some industry members raised concerns about the disparate
scope of FTC and DOE reporting requirements.\19\ They noted that the
FTC's proposal, consistent with its current rule, requires annual
reporting for models that are ``currently in production.'' In contrast,
DOE reporting covers all models currently ``offered for sale,'' a
broader category.\20\ These comments preferred the FTC's approach and
urged the Commission to maintain its coverage. They explained that
DOE's approach requires manufacturers to keep track of information
outside their control because manufacturers generally maintain records
based on the models in current production, not on whether retailers
offer them for sale, and manufacturers do not always know how long
retailers will offer discontinued models for sale.
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\19\ AHAM, Alliance Laundry Systems, Whirlpool, and BSH Home
Appliances.
\20\ 10 CFR 429.12(f).
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Second, industry commenters urged the FTC to recognize recent DOE
rules allowing manufacturers to report energy ratings that are more
conservative than tested ratings. Some manufacturers follow this
practice to ensure that, given slight variations from unit to unit,
their representations do not overstate the efficiency of their
products. DOE has explained that ``the tested performance of the
model(s) must be at least as good as the certified rating, after
applying the appropriate sampling plan.'' \21\ Consistent with this
policy, DOE sampling regulations state that reported energy consumption
values ``shall be greater than or equal to the higher of'' the value
generated by the sampling procedures.\22\
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\21\ See 76 FR 12422, 12429 (Mar. 7, 2011).
\22\ 10 CFR 429.14(a)(2)(i).
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Third, some industry commenters (e.g., AHAM and Bradford White)
noted that several manufacturers currently submit certification reports
to DOE and FTC through voluntary industry certification programs, such
as one currently administered by AHRI for heating and cooling
equipment. These comments urged the Commission to continue allowing
this type of reporting, to minimize the burden on manufacturers.
Discussion: After considering the comments, the Commission amends
the Rule as proposed to harmonize its reporting and testing
requirements with DOE.\23\ These changes streamline reporting for
manufacturers and ensure that all required product data is submitted to
a single location.\24\ In addition, the amendments will ensure that
manufacturers develop the content of energy disclosures for the FTC
labels based on DOE-required testing provisions.
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\23\ The final rule contains a non-substantive change to the
language in section 305.5(a) to reflect recent changes in the
location of DOE testing and sampling provisions in 10 CFR Parts 429
and 430.
\24\ The final amendments do not eliminate direct reporting to
the FTC altogether, because EPCA requires manufacturers to submit
annual reports to the FTC containing ``relevant data respecting
energy consumption and water use developed in accordance with''
applicable DOE test procedures. 42 U.S.C. 6296(b)(4).
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Consistent with the proposal and existing rule, the final rule
continues to require reporting for all models in current production and
all models discontinued during the previous reporting year.\25\ DOE
currently requires reporting for all models available for sale (not
just those in current production). The Commission's amendments should
not materially change the scope or burden of reporting to DOE's
database because FTC's coverage is not as broad as DOE's.
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\25\ Consistent with the current FTC Rule (305.8) and as
required by EPCA (42 U.S.C. 6296(b)), the final rule contains a
technical correction indicating that ceiling fan reports must
contain a ``starting serial number, date code or other means of
identifying the date of manufacture (date of manufacture information
must be included with only the first submission for each basic
model).''
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In addition, the Commission concurs with recent DOE guidance
allowing manufacturers to rate models more conservatively than their
tested
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performance. These rules allow manufacturers to label their products
with higher energy usage numbers (e.g., estimated annual energy cost)
than test results for the product indicate. This approach should have
no negative impact on consumers because these products may be more
energy-efficient than their labels indicate. The Commission does not
need to amend the Rule, which already directs manufacturers to derive
their energy consumption figures using DOE testing protocols because
DOE regulations specifically allow this practice.
Lastly, the FTC will continue to allow manufacturers to submit data
through certification bodies or other entities (e.g., testing
laboratories) acting on their behalf. This approach is consistent with
DOE requirements.\26\ The record identifies no reason to change this
practice.
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\26\ 10 CFR 429.12(g).
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B. Web Site and Paper Catalog Disclosures
Background: In the NPRM, the Commission proposed several amendments
to enhance the energy information available to consumers in
``catalogs'' (i.e., paper catalogs and Web sites selling covered
products),\27\ consistent with the Commission's recently issued
requirements for television labels.\28\ First, the Commission proposed
to require retail Web sites to post the full EnergyGuide or Lighting
Facts label online. The current Rule requires online retailers to post
the label content, but not the label image. Under the proposal, Web
sites would post the full label or use an FTC-provided icon to link
consumers to the full label. The proposed amendments specified the
format and placement for the required information (e.g., label or
icon). Second, to ensure that retail Web sites have access to the
label, the NPRM proposed to require manufacturers to post their
EnergyGuide and Lighting Facts labels online and to retain the label
online for two years after discontinuing a model. Finally, for paper
catalogs, the Commission proposed to continue allowing retailers to use
an abbreviated text disclosure in lieu of the full label, due to space
and cost constraints.
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\27\ The Rule's definition of ``catalog'' encompasses both print
and online formats. The current rule defines ``catalog'' as
``printed material, including material disseminated over the
Internet, which contains the terms of sale, retail price, and
instructions for ordering, from which a retail consumer can order a
covered product.'' 16 CFR 305.2(h).
\28\ 76 FR 1038 (Jan. 6, 2011) (television labels).
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Comments: Most comments generally supported the proposed
requirements directing online retailers to post EnergyGuide and
Lighting Facts labels. However, several raised concerns with particular
details, including the use of Web site hyperlinks. Comments contained
mixed support for the proposed requirement that manufacturers make
their labels available online, and some commenters urged the Commission
to reduce the proposed two-year retention period to six months.
Online Retailer Duty to Post Labels: Commenters generally expressed
support for, or did not oppose, the revised Web site requirements for
retailers, which conform to recently issued rules for television
labels. For example, the consolidated comments from consumer and
efficiency organizations note that such changes are important ``to
ensure that the Rule remains useful as consumer purchasing and consumer
research increasingly migrate online.''
However, several comments opposed the Commission's proposal to
allow online retailers to use a hyperlink icon from the product page to
link consumers to the required label.\29\ These commenters argued that
the label must appear on the product page itself.\30\ In their opinion,
consumers may not realize the icon is a link, or understand where the
link leads, or may simply find the link inconvenient.\31\ In addition,
they suggested that consumers may decide not to view the label at all
if the Web site requires them to download a PDF or other file to their
computer. Given the limited time that consumers review Web site
information, the consolidated efficiency and energy group comments
explained that the online label must be ``conspicuous, easily
accessible, and an intrinsic part of the description of the product in
order for it to be useful to and used by consumers.'' They suggested
that retailers could minimize the Web page space consumed by labels
with a hover or ``mouseover'' feature, which would allow consumers to
view labels without clicking an icon.
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\29\ Pacific Gas and Electric Company (PG&E), Southern
California Edison, and consolidated comments from efficiency and
consumer groups.
\30\ The consolidated comments from consumer and efficiency
organizations acknowledged that the proposed icon, with its
explanatory text, was preferable to the icon currently required for
televisions, which contains no such text. However, these
organizations argued that any link allowed by the Rule should
display the model's estimated annual operating cost, to provide this
important information even if consumers do not click on the link to
the full label.
\31\ PG&E, Southern California Edison, and consolidated consumer
and efficiency organizations comments.
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In contrast, Whirlpool argued that the inclusion of the full label
itself ``would dramatically alter the ability of manufacturers (or
retailers) to display product photos and descriptive information'' on
product pages. In addition, Whirlpool asserted that such an approach
would significantly reduce the ``readability and usability of these
pages.''
Manufacturer Duty to Post Labels: The comments contained mixed
views on the proposal requiring manufacturers to post labels online.
Consumer and efficiency groups supported the proposed changes;
appliance manufacturers did not oppose them but recommended
modifications; and heating and cooling equipment manufacturers
criticized them.
Consumer and efficiency groups urged adoption of the proposed
provision, noting that it will allow retailers to download labels and
repost them on their own Web sites. In their view, the requirement will
allow consumers to view labels missing from retailer sites and
otherwise make it easier to locate product efficiency information.
Appliance manufacturers \32\ did not oppose the proposal but raised
concerns about having to continue to post labels two years after
discontinuing a model's production.\33\ AHAM stated that the proposed
timeframe is ``far too long and burdensome for manufacturers'' and
fails to provide ``corresponding benefit.'' \34\ It explained that the
two-year period would raise significant complications when the
Commission requires changes to the label content (e.g., through range
or cost updates), necessitating label changes for models that are no
longer in production. To avoid such problems, it suggested a six-month
retention period. AHAM also asked the Commission to clarify whether the
online label disclosure would apply to products no longer in production
when the proposed rule becomes effective.\35\
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\32\ Whirlpool noted that it already posts labels for its
products online.
\33\ NEMA indicated that there was no consensus among its
members on this proposal.
\34\ BSH Home Appliances echoed AHAM's comments on these issues.
\35\ Recent AHRI comments in a separate proceeding involving
furnace and air conditioner labels (77 FR 33337 (June 6, 2012))
argued that the two-year retention period conflicts with new ``DOE
guidance on discontinued models, which requires that basic models be
removed from public Web sites once DOE is notified.'' AHRI Comments
560904-00008 (Aug. 6, 2012). http://www.ftc.gov/os/comments/regionaldisclosurenprm/index.shtm. After consultation with
DOE staff, the FTC staff has identified no such requirement in DOE's
certification rules. See 10 CFR 429.12(d).
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[[Page 2204]]
Finally, heating and cooling equipment manufacturers opposed the
proposal. A.O. Smith, a water heater manufacturer, argued that the
proposed requirement will force manufacturers to expend considerable
time and resources for a service that the majority of retailers will
not use. In AHRI's view, under the current rule, manufacturers already
provide adequate product information to retail catalog sellers. In
addition, AHRI argued that the proposed requirement will create a
burdensome and complicated process for companies that sell private-
labeled products procured from other manufacturers.\36\ Smith also
noted that manufacturers generally do not maintain a Web site for
models they sell to private labelers. It further explained that
merchants, to save time and avoid errors, generally rely on direct
communication with manufacturers to obtain product information.
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\36\ Generally, a private labeler purchases products from a
manufacturer and markets those products under its own brand name.
EPCA defines a private labeler as an entity, other than the product
manufacturer, that owns a product brand or trademark other than the
product manufacturer. 42 U.S.C. 6291(15).
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Paper Catalogs: Finally, Whirlpool concurred with continuation of
the current practice of allowing abbreviated text disclosure in printed
catalogs. No commenters opposed this proposal.\37\
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\37\ NEMA indicated that no consensus existed among its members
on the issue of online disclosures and provided no details regarding
the merits of the proposal.
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Discussion: The Commission amends the Rule's catalog requirements
as proposed, with a few minor changes discussed below. Generally, the
amendments require Web site sellers to display the full EnergyGuide or
Lighting Facts labels on the product page or through a hyperlink from
that page, establish specific Web site format requirements, and require
manufacturers to post labels for their products on a publicly available
Web site. These revised Web site requirements should make it easier for
consumers to compare the energy performance of products as they shop
and research products online. The changes also will provide a clear,
consistent process that manufacturers and retailers must follow to
deliver energy information to online consumers. The final rule requires
manufacturers to continue posting their labels online for six months
after discontinuing production of the model, instead of the proposed
two-year period. Finally, manufacturers will have six months to comply
with these new requirements, and online retailers will have one year.
The amendments do not change requirements for paper catalogs.
Retail Web sites: The final amendments require Web sites selling
products with the EnergyGuide or Lighting Facts label to display the
full label either on the product page or through a hyperlink. These
provisions mark a departure from the current online requirements, which
allow abbreviated, text-only energy disclosures. The Commission allowed
these short disclosures in the past due to space constraints and the
costs associated with printing the full label in paper catalogs.\38\
However, during the television labeling rulemaking, the Commission
determined that this rationale does not apply to Web sites.
Accordingly, the Commission required Web sites selling televisions to
include the full label or a special icon linking to the full label.\39\
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\38\ 72 FR 49948, 49961 (Aug. 29, 2007).
\39\ 76 FR 1038.
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The Commission does not agree with commenters that the full label
must appear on the product page with no option to provide a hyperlink.
Depending on the design of the Web site, a full label could crowd and
clutter product pages, reducing the space available to display photos
and other information. Although, as suggested by comments, a hover or
``mouseover'' feature (presumably coupled with a small, thumbnail label
image) could mitigate such problems, the record does not demonstrate
that a thumbnail-sized label would be more effective than the icon
link, a common Web site feature familiar to consumers.\40\ Both
approaches require consumers to direct their mouse to a specific
location. However, the Commission agrees with commenters that retail
Web sites should not require consumers to save files in order to view
the labels. Accordingly, the final rule language specifically prohibits
this practice.
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\40\ Nothing in the final rule prohibits online retailers from
using a ``mouseover'' or hover feature to allow consumers to magnify
label images placed directly on the product page.
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The final amendments require Web site sellers either to place the
full label on the product's detailed description page or, to minimize
design impact on their sites, to use a small EnergyGuide or Lighting
Facts logo icon provided by FTC, which will link to the full label. The
amendments allow Web sites to scale the icon (as well as the label)
appropriately to accommodate their layout, as long the labels and icons
remain readable and recognizable. The new icon applies to all products
subject to the EnergyGuide or Lighting Facts requirements, including
televisions. As proposed, the required icon in the final amendments
integrates the text ``Click for this product's energy information''
into the icon design. This design, which differs slightly from the
current television icon, should reduce the likelihood that consumers
will view the icon as an endorsement or general claim about a product's
environmental quality, rather than as an energy cost disclosure.\41\
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\41\ Web site sellers should not use language implying that the
icon constitutes an endorsement or an environmental claim. For
example, adding the words ``EnergyGuide Rated'' near the icon could
suggest that the icon represents a product endorsement or a
``green'' claim about the product. Such language would probably be
deceptive under Section 5 of the FTC Act, 15 U.S.C. 45.
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Under the amendments, online sellers have some flexibility in how
they display the label. For example, they may use a thumbnail image as
long as consumers can recognize the image and read it using a hover,
``mouseover,'' or similar feature that magnifies the label. For general
service lamps, online sellers may post an image of the manufacturer's
package bearing the Lighting Facts label, as long as consumers can read
the label by, for example, magnifying the package image to read the
label using a mouseover or similar feature. In addition, online sellers
may create their own versions of the labels rather than using the
images provided by the manufacturers, as long as the labels conform to
all the specifications in the amended rule.
The final amendments also provide specifications regarding the
format and placement of the required information on Web sites.
Consistent with the NPRM,\42\ the final rule requires that the label or
icon appear ``clearly and conspicuously and in close proximity to the
covered product's price.'' \43\ This requirement, incorporated into the
new television label provisions, should ensure that consumers can
easily view the label or icon without excessive scrolling or clicking,
and still provide flexibility to Web site designers. The label or icon
need only appear on ``each Web page that contains a detailed
description of the covered product and its price,'' rather than
alongside every image of a covered product on the site. The Commission
does not agree with
[[Page 2205]]
comments suggesting the hyperlink icon should disclose the model's
specific estimated energy cost. It is not clear whether any benefits
associated with such a disclosure would justify the significant burden
this requirement would impose on retailers.
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\42\ 77 FR at 15301.
\43\ Similarly, the amendments require that Web site disclosures
for required non-label markings or text (e.g., gallons per minute
for showerheads and faucets) be displayed clearly and conspicuously,
and in close proximity to the product's price on the Web page.
Because the Rule does not require a specific product label for these
short and simple disclosures, the amendments do not impose any
design or font size requirements for these disclosures on Web site,
other than that they be clear and conspicuous.
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Manufacturer Duty to Post Labels: The amendments require
manufacturers to make images of their EnergyGuide and Lighting Facts
labels available on a Web site for linking and downloading by both
paper catalogs and Web sites.\44\ As discussed in the NPRM and the
comments, this requirement will assist retailers in complying with the
Rule and help ensure consumers can view the labels when they are
shopping online. In particular, it will provide retail sellers with
easy access to the labels for the products they offer for sale, even if
they do not handle the labeled products directly. It will also
eliminate the need for these retailers to affirmatively request labels
from various manufacturers for each individual product sold on their
Web sites and catalogs. The Commission does not expect that the
amendments, which are consistent with current television label
rules,\45\ will impose undue burden because industry members have
already created labels under Rule and should have them readily
available for posting on Web sites.
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\44\ The amendments also include language conforming to the
Rule's prohibited acts section (305.4) indicating that a
manufacturer's failure to post labels online is subject to civil
penalties. See 42 U.S.C. 6296(a), 6302(a)(4). The new requirements
stem from EPCA's mandate, in the statute's catalog-related
provision, that manufacturers ``provide'' a label and from the
Commission's general authority to dictate the manner in which labels
are displayed. 42 U.S.C. 6294(c)(3) & 6296(a).
\45\ 76 FR 1038.
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Under the final rule, the labels must remain available online for
six months after the manufacturer ceases to produce the model, instead
of two years as proposed in the NPRM. The Commission agrees with
commenters that the proposed two-year period could create a significant
burden for manufacturers unmatched by the potential benefits for online
retailers and ultimately, consumers. Specifically, given periodic FTC-
required label updates, the two-year retention period could force
manufacturers to revise labels for obsolete products.\46\ At the same
time, there is no clear evidence that online retailers have a strong
need for labels from models discontinued for six months or more. Should
the six-month period prove to be insufficient to provide needed labels
to retailers in the future, the Commission may revisit the issue.\47\
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\46\ The six-month period is also consistent with EPCA's
provisions directing manufacturers to change labels and other energy
representations 180 days after DOE amends its test procedures for
specific products. 42 U.S.C. 6293(c).
\47\ As specified in section 305.6, the final rule does not
apply to models discontinued prior to the effective date.
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The new posting requirement applies to manufacturers, not private
labelers.\48\ Manufacturers must ensure that the labels are available
on a publicly accessible site. However, nothing prohibits manufacturers
from arranging with private labelers to post the labels on the private
labelers' Web sites.\49\ The Rule does not mandate that manufacturers
post labels for the products they produce on their own sites. Other
labeling responsibilities under the Rule have applied to both
manufacturers and their private labelers for decades.\50\ Accordingly,
the Commission does not expect that this new online label disclosure
requirement should unduly complicate coordination between manufacturers
and private labelers.\51\
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\48\ EPCA states that ``Each manufacturer of a covered product
to which a rule under section 6294 of this title applies shall
provide a label which meets, and is displayed in accordance with,
the requirements of such rule.'' 42 U.S.C. 6296(a). The definition
of ``manufacturer'' under EPCA includes importer. 42 U.S.C.
6291(10)-(12).
\49\ DOE follows a similar approach to its certification
requirements by allowing manufacturers to arrange with third
parties, including private labelers, to display product labels on
Web sites. See 76 FR 12422, 12427 (Mar. 7, 2011). In addition,
though FTC reporting requirements apply solely to manufacturers, the
FTC accepts submissions through third parties. See 16 CFR 305.8.
\50\ See 16 CFR 305.4(a).
\51\ A.O. Smith also argued that many retailers do not use
manufacturer Web sites to obtain labels. Nothing in the final rule
prohibits manufacturers from also providing labels to their retail
partners through means other than the Web site. Nevertheless, the
requirement will ensure that labels are available online for those
that do use manufacturer Web sites.
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Compliance Period: Consistent with the recent television labeling
requirements, the final rule staggers the compliance dates for these
new requirements. Specifically, manufacturers must make their labels
available online by July 15, 2013. In turn, online retailers must begin
displaying labels for the covered products they sell by January 15,
2014. These compliance dates should provide industry members adequate
time to comply with the new requirements.
Paper Catalogs: Finally, for paper catalogs, the Rule continues to
allow an abbreviated text disclosure in lieu of the full label. Due to
the space and cost constraints involved with paper catalogs, inclusion
of the entire label may be impractical.\52\ No comments opposed this
approach.
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\52\ Consistent with the NPRM, the amendments also state that,
if paper catalogs display more than one covered product model on a
page, the seller may disclose the utility rates or usage assumptions
underlying the energy information (e.g., 10.65 cents per kWh, 8
cycles per week) only once per page for each type of product (e.g.,
a single footnote for all refrigerators advertised on the page),
rather than repeating the information for each advertised model. The
disclosure must be clear and conspicuous. In addition, the final
rule language covers heating and cooling equipment disclosures, text
inadvertently omitted from the proposed language.
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C. Definitions of Refrigerator and Refrigerator-Freezer
The Commission amends the Rule's refrigerator definitions to match
DOE regulations. On December 16, 2010,\53\ DOE issued revised
definitions for the terms ``electric refrigerator'' and ``electric
refrigerator-freezer.'' In the NPRM, the Commission proposed to conform
its own definitions for these terms to ensure consistency. No comments
opposed the proposal. AHAM and BSH supported the changes, explaining
that they would provide consistency and clarity for regulated parties
and consumers.\54\
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\53\ 75 FR 78810.
\54\ The consolidated comments from consumer and energy
organizations also supported the proposal.
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D. Prohibited Acts Provision
Consistent with the NPRM, the final rule clarifies the penalty
assessments for several non-labeling violations listed in section
305.4(b). These violations include refusal to allow access to records,
refusal to submit required data reports, refusal to permit FTC
officials to observe testing, refusal to supply units for testing,
failure to disclose required energy information in Web sites and paper
catalogs, and failure of manufacturers to make labels available
online.\55\ The current Rule does not specify the method (e.g., per
day) for assessing penalties for these non-labeling violations.\56\ The
amendments clarify that these violations are subject to civil penalties
calculated on a per-model, per-day basis. The per-model, per-day basis
is consistent with EPCA's enforcement provisions as well as DOE
enforcement guidance for the same and
[[Page 2206]]
similar provisions.\57\ For example, a manufacturer's refusal to submit
required reports accrues a fine of up to $110 per day for each model
subject to the reporting requirements. In addition, a Web site seller's
failure to post required label information accrues a fine of up to $110
per day for each model on the Web site lacking the disclosure. No
comments opposed the proposal.\58\
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\55\ See 16 CFR 305.4(b); see also 42 U.S.C. 6296(b)(2),(4) and
6303(a)(3) (data reports and records access), 6296(b)(5) (testing
access), 6296(b)(3) (units for testing), and 6296(a) (catalog sales
and manufacturer responsibilities).
\56\ In contrast, the current rule specifies the basis for
labeling violations. Specifically, consistent with EPCA (42 U.S.C.
6303(a)), section 305.4(a) states that labeling violations are
assessed on a per-unit basis.
\57\ See 42 U.S.C. 6302, 6303; 16 CFR 305.4(a); and DOE
``Guidance on the Imposition of Civil Penalties for Violations of
EPCA Conservation Standards and Certification Obligations,'' http://www.doe.gov/sites/prod/files/gcprod/documents/Penalty_Guidance_5_7_2010__final_%282%29.pdf.
\58\ The consolidated consumer and efficiency organizations
comments specifically supported the proposal, noting that any other
interpretation would lead to absurd results.
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E. Rule Title
As proposed in the NPRM, the Commission shortens the Rule's title.
When originally promulgated in 1979, the Rule applied only to
appliances. Subsequently, the Commission expanded the Rule to include
lighting, plumbing, and consumer electronics. Accordingly, the
Commission proposed to change the Rule's title from ``Part 305--Rule
Concerning Disclosures Regarding Energy Consumption and Water Use of
Certain Home Appliances and Other Products Required Under the Energy
Policy And Conservation Act (``Appliance Labeling Rule'')'' to ``Part
305--Energy And Water Use Labeling For Consumer Products Under The
Energy Policy and Conservation Act (``Energy Labeling Rule'').'' No
comments opposed this proposal.
F. ENERGY STAR Logo on Heating and Cooling Equipment Labels
As proposed in the NPRM, the final amendments to Sec. 305.12 allow
a wider version of the ENERGY STAR logo on heating and cooling
equipment. This minor, non-substantive change accommodates new ENERGY
STAR logos developed by the Environmental Protection Agency for these
products. No comments opposed this proposal.
G. Technical Corrections and Clarifications
The final amendments also contain four minor, technical corrections
or clarifications for television labeling, rule language regarding room
air conditioner capacity, terminology related to the ENERGY STAR
program, and three-way bulb labeling. First, as noted in the NPRM,\59\
the amendments clarify that manufacturers of televisions with screen
sizes of nine inches or less (measured diagonally) may print or affix
the EnergyGuide label on the product package.\60\ Second, the
amendments correct the room air conditioner range table in Appendix E
to indicate that the applicable room air conditioner capacity for
labeling purposes is ``Btu per hour,'' not ``Btu per year.'' Third, in
rule sections related to the ENERGY STAR program, the final rule
changes the term ``qualified'' to ``certified'' to reflect the
terminology currently employed by the ENERGY STAR program.\61\ Fourth,
the amendments change the Rule language for labeling bulbs that operate
at multiple, separate light levels (e.g., ``3-way'' bulbs) to clarify
that such language applies to all covered bulb technologies. Currently,
the Rule's language addressing such bulbs applies only to incandescent
bulbs.\62\
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\59\ 77 FR 15303.
\60\ The Federal Register notice accompanying the television
labeling amendments to the Rule stated that televisions smaller than
nine inches may be labeled on the box rather than on the screen.
However, the final rule language did not reflect this. See 76 FR at
1044.
\61\ Though the Commission did not seek comment on these minor
changes to Appendix E and the ENERGY STAR-related language, these
amendments involve minor, technical corrections to the background
information in the Rule. Accordingly, the Commission finds good
cause that public comment for these technical, procedural amendments
is impractical and unnecessary (5 U.S.C. 553(b)(A)(B) and (d)).
\62\ The Commission proposed this amendment in an August 1, 2011
notice related to light bulb labeling (76 FR 45715). No comments
opposed the change.
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IV. Paperwork Reduction Act
The Rule contains recordkeeping, disclosure, testing, and reporting
requirements that constitute ``information collection requirements'' as
defined by 5 CFR 1320.3(c), the definitional provision within the
Office of Management and Budget (OMB) regulations that implement the
Paperwork Reduction Act (PRA).\63\ Prior to the FTC's March 15, 2012
NPRM, OMB had approved the Rule's pre-existing information collection
requirements through Jan. 31, 2014 (OMB Control No. 3084-0069). As
described below, the final amendments modify (to a minor degree) the
Rule's labeling and reporting requirements.\64\ Accordingly, the
Commission is seeking OMB clearance specific to the Rule amendments.
---------------------------------------------------------------------------
\63\ 44 U.S.C. 3501 et seq.
\64\ For reporting requirements, the amendments allow
manufacturers to submit data to the DOE in lieu of the FTC. This
will not affect the PRA burden because the Rule, as directed by the
EPCA, will continue to require reporting to the FTC, even if
manufacturers may fulfill that requirement by reporting to the DOE.
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Manufacturer EnergyGuide Images Online: The amendments require
manufacturers to post images of their EnergyGuide and Lighting Facts
labels online. Given approximately 15,000 total models \65\ at an
estimated five minutes per model,\66\ this requirement will entail a
burden of 1,250 hours.\67\ Assuming graphic designers at a mean hourly
wage of $23.41 per hour will implement the additional disclosure
requirement,\68\ the associated labor cost would be approximately
$29,300 per year.
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\65\ This is an FTC staff estimate based on data submitted by
manufacturers to the FTC pursuant to the current Rule.
\66\ This estimate is based on FTC staff's general knowledge of
industry practices.
\67\ Unlike retail Web sites that already have established Web
pages for the products they offer, some manufacturers may have to
create new Web pages for posting these requirements. Accordingly,
the burden estimate for manufacturers is higher (five minutes per
model) than that for catalog sellers (one minute per model).
\68\ See U.S. Department of Labor, ``Occupational Employment
and Wages--May 2011'', issued March 27, 2012, Table 1 at p.13 (mean
hourly wages), available at http://www.bls.gov/news.release/archives/ocwage_03272012.pdf.
---------------------------------------------------------------------------
Catalog Disclosures: The Commission's past estimate of the Rule's
burden on catalog sellers (including Internet sellers) has assumed
conservatively that catalog sellers must enter their data for each
product into the catalog each year (see, e.g., 71 FR 78057, 78062 (Dec.
28, 2006)).\69\ The one-time adjustment under the amendments has
effectively been accounted for by this prior assumption and the
associated burden estimates for catalog sellers. Thus, the Commission
believes no modification to existing burden estimates for catalog
sellers is necessary.
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\69\ This assumption is conservative because the number of
incremental additions to the catalog and their frequency is likely
to be much lower after initial start-up efforts have been completed.
---------------------------------------------------------------------------
Estimated annual non-labor cost burden: Any capital costs
associated with the amendments are likely to be minimal.
V. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, requires
that the Commission provide an Initial Regulatory Flexibility Analysis
(IRFA) with a Proposed Rule, and a Final Regulatory Flexibility
Analysis (FRFA) with the final Rule, unless the Commission certifies
that the Rule will not have a significant economic impact on a
substantial number of small entities.\70\
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\70\ 5 U.S.C. 603-605.
---------------------------------------------------------------------------
The Commission does not anticipate that the final amendments will
have a significant economic impact on a substantial number of small
entities. The Commission recognizes that many affected entities may
qualify as small businesses under the relevant thresholds. The
Commission does not expect, however, that the economic
[[Page 2207]]
impact of implementing the amendments will be significant. The
Commission plans to provide businesses with ample time to implement the
requirements. In addition, the Commission does not expect that the
requirements specified in the final amendments will have a significant
impact on affected entities.
Although the Commission certified under the RFA that the amendments
would not, if promulgated, have a significant impact on a substantial
number of small entities, the Commission has determined, nonetheless,
that it is appropriate to publish an FRFA in order to explain the
impact of the amendments on small entities as follows:
A. Description of the Reasons That Action by the Agency Is Being Taken
The Commission initiated this rulemaking to reduce the Rule's
reporting burdens, increase the availability of energy labels to
consumers while minimizing burdens on industry, and generally improve
existing requirements.
B. Issues Raised by Comments in Response to the IRFA
The Commission did not receive any comments specifically related to
the impact of the final amendments on small businesses. Comments that
involve impacts on all entities are discussed above.
C. Estimate of Number of Small Entities to Which the Amendments Will
Apply
Under the Small Business Size Standards issued by the Small
Business Administration, the standards for various affected entities
are as follows: refrigerator manufacturers--up to 1,000 employees;
other appliance manufacturers--up to 500 employees; appliances stores--
up to $10 million in annual receipts; television stores--up to $25.5
million in annual receipts, and light bulb manufacturers--up to 1,000
employees. The Commission estimates that fewer than 600 entities
subject to the proposed Rule's requirements qualify as small
businesses.
D. Projected Reporting, Recordkeeping, and Other Compliance
Requirements
The Commission recognizes that the proposed changes will involve
some burdens on affected entities. However, the amendments should not
have a significant impact on small entities. Online sellers would have
to make changes to ensure their Web sites provide the full EnergyGuide
or Lighting Facts label. However, the Commission has provided them with
ample time to incorporate the changes into their normal Web site
updates. There should be minimal capital costs associated with the
amendments. As estimated above, the proposed Rule imposes new
requirements on fewer than 600 small businesses. The changes are likely
to be made by graphic designers.
E. Duplicative, Overlapping, or Conflicting Federal Rules
The Commission has not identified any other federal statutes,
rules, or policies that would duplicate, overlap, or conflict with the
proposed Rule. In fact, the proposed amendments should reduce
duplication between FTC and DOE reporting requirements.
F. Description of Steps Taken To Minimize Significant Economic Impact,
If Any, on Small Entities, Including Alternatives
The Commission sought comment and information on the need, if any,
for alternative compliance methods that would reduce the economic
impact of the Rule on such small entities. In particular, the
Commission sought comments on whether it should delay the Rule's
effective date to provide additional time for small business compliance
and whether to reduce the amount of information catalog sellers must
provide. The Commission did not receive any comments on those specific
issues. However, to minimize the impacts on manufacturers and retailers
in posting the required labels, the Commission has set the effective
date for the new catalog requirements at January 15, 2014.
Final Rule
List of Subjects in 16 CFR part 305
Advertising, Energy conservation, Household appliances,
Incorporation by reference, Labeling, Reporting and recordkeeping
requirements.
For the reasons discussed above, the Commission amends part 305 of
title 16, Code of Federal Regulations, as follows:
PART 305--ENERGY AND WATER USE LABELING FOR CONSUMER PRODUCTS UNDER
THE ENERGY POLICY AND CONSERVATION ACT (``ENERGY LABELING RULE'')
0
1. The authority citation for part 305 continues to read as follows:
Authority: 42 U.S.C. 6294.
0
2. Revise the heading of part 305 to read as set forth above.
0
3. In Sec. 305.3, revise paragraphs (a)(1) and (2) to read as follows:
Sec. 305.3 Description of covered products.
(a)(1) Electric refrigerator means a cabinet designed for the
refrigerated storage of food, designed to be capable of achieving
storage temperatures above 32 [deg]F (0 [deg]C) and below 39 [deg]F
(3.9 [deg]C), and having a source of refrigeration requiring single
phase, alternating current electric energy input only. An electric
refrigerator may include a compartment for the freezing and storage of
food at temperatures below 32 [deg]F (0 [deg]C), but does not provide a
separate low temperature compartment designed for the freezing and
storage of food at temperatures below 8 [deg]F (-13.3 [deg]C).
(2) Electric refrigerator-freezer means a cabinet which consists of
two or more compartments with at least one of the compartments designed
for the refrigerated storage of food and designed to be capable of
achieving storage temperatures above 32 [deg]F (0 [deg]C) and below 39
[deg]F (3.9 [deg]C), and with at least one of the compartments designed
for the freezing and storage of food at temperatures below 8 [deg]F (-
13.3 [deg]C) which may be adjusted by the user to a temperature of 0
[deg]F (-17.8 [deg]C) or below. The source of refrigeration requires
single phase, alternating current electric energy input only.
* * * * *
0
4. In Sec. 305.4, revise paragraph (b) introductory text and add
paragraph (b)(6) to read as follows:
Sec. 305.4 Prohibited acts.
* * * * *
(b) Subject to enforcement penalties assessed per model per day of
violation pursuant to 42 U.S.C. 6303 and adjusted for inflation by
Sec. 1.98 of this chapter, it shall be unlawful for any manufacturer
or private labeler knowingly to:
* * * * *
(6) Fail to make a label for a covered product available on a
publicly accessible Web site in accordance with Sec. 305.6. This
provision applies only to manufacturers.
* * * * *
0
5. Revise Sec. 305.5 to read as follows:
Sec. 305.5 Determinations of estimated annual energy consumption,
estimated annual operating cost, and energy efficiency rating, water
use rate, and other required disclosure content.
(a) Unless otherwise stated in paragraphs (b), (c), (d), or (e) of
this section, the content of any disclosures required by this part must
be determined in accordance with the testing and sampling provisions
required by the Department of Energy as set forth in subpart B to 10
CFR part 430, part 431, and 10 CFR 429.11.
[[Page 2208]]
(b) For any representations required by this part but not subject
to Department of Energy requirements and not otherwise specified in
this section, manufacturers and private labelers of any covered product
must possess and rely upon a reasonable basis consisting of competent
and reliable scientific tests and procedures substantiating the
representation.
(c) For representations of the light output for general service
light-emitting diode (LED or OLED) lamps, the Commission will accept as
a reasonable basis scientific tests conducted according to IES LM79.
(d) Determinations of estimated annual energy consumption and
estimated annual operating (energy) costs of televisions must be based
on the procedures contained in the ENERGY STAR Version 4.2 test, which
is comprised of the ENERGY STAR Program Requirements, Product
Specification for Televisions, Eligibility Criteria Version 4.2
(Adopted April 30, 2010); the Test Method (Revised Aug-2010); and the
CEA Procedure for DAM Testing: For TVs, Revision 0.3 (Sept. 8, 2010).
Annual energy consumption and cost estimates must be derived assuming 5
hours in on mode and 19 hours in sleep (standby) mode per day. These
ENERGY STAR requirements are incorporated by reference into this
section. The Director of the Federal Register has approved these
incorporations by reference in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Copies of the test procedure may be inspected or obtained
at the United States Environmental Protection Agency, ENERGY STAR
Hotline (6202J), 1200 Pennsylvania Avenue NW., Washington, DC 20460, or
at http://www.energystar.gov/ia/partners/product_specs/program_reqs/Televisions_Program_Requirements.pdf [Telephone: ENERGY STAR Hotline:
1-888-782-7937]; at the Federal Trade Commission, Consumer Response
Center, Room 130, 600 Pennsylvania Avenue NW., Washington, DC 20580
[Telephone: 1-202-326-2830]; and at the National Archives and Records
Administration, at http://www.archives.gov/federal-register/cfr/ibr-locations.html [Telephone: 1-202-741-6030].
(e) Representations for ceiling fans under section 305.13 must be
derived from procedures in 10 CFR 430.23.
0
6. Revise Sec. 305.6 to read as follows:
Sec. 305.6 Duty to provide labels on Web sites.
For each covered product that a manufacturer distributes in
commerce after July 15, 2013, which is required by this part to bear an
EnergyGuide or Lighting Facts label, the manufacturer must make a copy
of the label available on a publicly accessible Web site in a manner
that allows catalog sellers to hyperlink to the label or download it
for use in Web sites or paper catalogs. The label for each specific
model must remain on the Web site for six months after production of
that model ceases.
0
7. In Sec. 305.8, revise paragraphs (a) and (b)(1) to read as follows:
Sec. 305.8 Submission of data.
(a)(1) Except as provided in paragraphs (a)(2) and (3) of this
section, each manufacturer of a covered product subject to the
disclosure requirements of this part and subject to Department of
Energy certification requirements in 10 CFR part 429 shall submit
annually a report for each model in current production containing the
same information that must be submitted to the Department of Energy
pursuant to 10 CFR part 429 for that product, and that the Department
has identified as public information pursuant to 10 CFR part 429. In
lieu of submitting the required information to the Commission as
required by this section, manufacturers may submit such information to
the Department of Energy via the Compliance and Certification
Management System (CCMS) at https://regulations.doe.gov/ccms as
provided by 10 CFR 429.12.
(2) Manufacturers of ceiling fans shall submit annually a report
containing the brand name, model number, diameter (in inches), wattage
at high speed excluding any lights, airflow (capacity) at high speed
for each basic model in current production, and starting serial number,
date code or other means of identifying the date of manufacture with
the first submission for each basic model. In lieu of submitting the
required information to the Commission as required by this section,
manufacturers may submit such information to the Department of Energy
via the Compliance and Certification Management System (CCMS) at
https://regulations.doe.gov/ccms as provided by 10 CFR 429.12.
(3) This section does not require reports for televisions and
general service light-emitting diode (LED or OLED) lamps.
(b)(1) All data required by Sec. 305.8(a) except serial numbers
shall be submitted to the Commission annually, on or before the
following dates:
------------------------------------------------------------------------
Deadline for data
Product category submission
------------------------------------------------------------------------
Refrigerators............................. Aug. 1.
Refrigerators-freezers.................... Aug. 1.
Freezers.................................. Aug. 1.
Central air conditioners.................. July 1.
Heat pumps................................ July 1.
Dishwashers............................... June 1.
Water heaters............................. May 1.
Room air conditioners..................... July 1.
Furnaces.................................. May 1.
Pool heaters.............................. May 1.
Clothes washers........................... Oct. 1.
Fluorescent lamp ballasts................. Mar. 1.
Showerheads............................... Mar. 1.
Faucets................................... Mar. 1.
Water closets............................. Mar. 1.
Ceiling fans.............................. Mar. 1.
Urinals................................... Mar. 1.
Metal halide lamp fixtures................ Sept. 1.
General service fluorescent lamps......... Mar. 1.
Medium base compact fluorescent lamps..... Mar. 1.
General service incandescent lamps........ Mar. 1.
------------------------------------------------------------------------
* * * * *
0
8. In Sec. 305.11, revise paragraph (f)(12)(iii) to read as follows:
Sec. 305.11 Labeling for refrigerators, refrigerator-freezers,
freezers, dishwashers, clothes washers, water heaters, room air
conditioners, and pool heaters.
* * * * *
(f) * * *
(12) * * *
(iii) The manufacturer or private labeler may include the ENERGY
STAR logo on the bottom right corner of the label for certified
products. The logo must be 1 inch by 1 inch in size. Only manufacturers
that have signed a Memorandum of Understanding with the Department of
Energy or the Environmental Protection Agency may add the ENERGY STAR
logo to labels on certified covered products; such manufacturers may
add the ENERGY STAR logo to labels only on those covered products that
are contemplated by the Memorandum of Understanding.
0
9. In Sec. 305.12, revise paragraphs (f)(8)(iii) and (g)(9)(iii) to
read as follows:
Sec. 305.12 Labeling for central air conditioners, heat pumps, and
furnaces.
* * * * *
(f) * * *
(8) * * *
(iii) The manufacturer or private labeler may include the ENERGY
STAR logo on the bottom right corner of the label for certified
products. The logo must be 1 inch high and no greater than 3 inches
wide. Only manufacturers that have signed a Memorandum of Understanding
with the Department of
[[Page 2209]]
Energy or the Environmental Protection Agency may add the ENERGY STAR
logo to labels on certified covered products; such manufacturers may
add the ENERGY STAR logo to labels only on those covered products that
are contemplated by the Memorandum of Understanding.
(g) * * *
(9) * * *
(iii) The manufacturer or private labeler may include the ENERGY
STAR logo on the bottom right corner of the label for certified
products. The logo must be 1 inch high and no greater than 3 inches
wide. Only manufacturers that have signed a Memorandum of Understanding
with the Department of Energy or the Environmental Protection Agency
may add the ENERGY STAR logo to labels on certified covered products;
such manufacturers may add the ENERGY STAR logo to labels only on those
covered products that are contemplated by the Memorandum of
Understanding.
0
10. In Sec. 305.15, revise paragraphs (b)(3)(vi) and (d)(4) to read as
follows:
Sec. 305.15 Labeling for lighting products.
* * * * *
(b) * * *
(3) * * *
(vi) The ENERGY STAR logo as illustrated in Prototype Label 6 to
appendix L for certified products, if desired by the manufacturer or
private labeler. Only manufacturers or private labelers that have
signed a Memorandum of Understanding with the Department of Energy or
the Environmental Protection Agency may add the ENERGY STAR logo to
labels on certified covered products; such manufacturers or private
labelers may add the ENERGY STAR logo to labels only on those products
that are covered by the Memorandum of Understanding;
* * * * *
(d) * * *
(4) For any covered product that is a general service lamp and
operates at discrete, multiple light levels (e.g., 800, 1600, and 2500
lumens), the light output, energy cost, and wattage disclosures
required by this section must be provided at each of the lamp's levels
of light output and the lamp's life provided on the basis of the
shortest lived operating mode. The multiple numbers shall be separated
by a ``/'' (e.g., 800/1600/2500 lumens) if they appear on the same line
on the label.
* * * * *
0
11. In Sec. 305.17, revise paragraph (d) introductory text and
paragraphs (e)(1) and (g), and add paragraph (h) to read as follows:
Sec. 305.17 Television labeling.
* * * * *
(d) Label types. Except as provided in paragraph (i), the labels
must be affixed to the product in the form of either an adhesive label,
cling label, or alternative label as follows:
* * * * *
(e) Placement--(1) In general. Except as provided in paragraph (i),
all labels must be clear and conspicuous to consumers viewing the
television screen from the front.
* * * * *
(g) Distribution of Labels: Consistent with section 305.6 of this
part, for each covered television that a manufacturer distributes in
commerce which is required by this part to bear an EnergyGuide label,
the manufacturer must make a copy of the label available on a publicly
accessible Web site in a manner that allows catalog sellers to
hyperlink to the label or download it for use in Web sites or paper
catalogs. The label for each specific model must remain on the Web site
for six months after production of the model ceases.
(h) Labels for small televisions: For television with screens
measuring nine inches or less diagonally, manufacturers may print the
label required by this section on the primary display panel of the
product's packaging or affix a label to the packaging in lieu of
affixing a label to the television screen or bezel. The size of the
label may be scaled to fit the packaging size as appropriate, as long
as it remains clear and conspicuous.
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12. Revise Sec. 305.20 to read as follows:
Sec. 305.20 Paper catalogs and Web sites.
(a) Covered products offered for sale on the Internet. Any
manufacturer, distributor, retailer, or private labeler who advertises
a covered product on an Internet Web site in a manner that qualifies as
a catalog under this Part shall disclose energy information as follows:
(1) Content. (i) Products required to bear EnergyGuide or Lighting
Facts labels. All Web sites advertising covered refrigerators,
refrigerator-freezers, freezers, room air conditioners, clothes
washers, dishwashers, ceiling fans, pool heaters, central air
conditioners, heat pumps, furnaces, general service lamps, and
televisions must display, for each model, a recognizable and legible
image of the label required for that product by this Part. The Web site
may hyperlink to the image of the label using the sample EnergyGuide
and Lighting Facts icons depicted in appendix L. The Web site must
hyperlink the image in a way that does not require consumers to save
the hyperlinked image in order to view it.
(ii) Products not required to bear EnergyGuide or Lighting Facts
labels. All Web sites advertising covered showerheads, faucets, water
closets, urinals, general service fluorescent lamps, fluorescent lamp
ballasts, and metal halide lamp fixtures must include the following
disclosures for each covered product:
(A) Showerheads, faucets, water closets, and urinals. The product's
water use, expressed in gallons and liters per minute (gpm and L/min)
or per cycle (gpc and L/cycle) or gallons and liters per flush (gpf and
Lpf) as specified in Sec. 305.16.
(B) General service fluorescent lamps, fluorescent lamp ballasts,
and metal halide lamp fixtures. A capital letter ``E'' printed within a
circle.
(2) Format. The required Web site disclosures, whether label image,
icon, or text, must appear clearly and conspicuously and in close
proximity to the covered product's price on each Web page that contains
a detailed description of the covered product and its price. The label
and hyperlink icon must conform to the prototypes in appendix L, but
may be altered in size to accommodate the Web page's design, as long as
they remain clear and conspicuous to consumers viewing the page.
(b) Covered products offered for sale in paper catalogs. Any
manufacturer, distributor, retailer, or private labeler that advertises
a covered product in a paper publication that qualifies as a catalog
under this Part shall disclose energy information as follows:
(1) Content. (i) Products required to bear EnergyGuide or Lighting
Facts labels. All paper catalogs advertising covered products required
by this Part to bear EnergyGuide or Lighting Facts labels illustrated
in appendix L (refrigerators, refrigerator-freezers, freezers, room air
conditioners, clothes washers, dishwashers, ceiling fans, pool heaters,
central air conditioners, heat pumps, furnaces, general service
fluorescent lamps, general service lamps, and televisions) must either
display an image of the full label prepared in accordance with this
Part, or make a text disclosure as follows:
(A) Refrigerator, refrigerator-freezer, and freezer. The capacity
of the model determined in accordance with Sec. 305.7, the estimated
annual operating cost determined in accordance with Sec. 305.5 and
appendix K of this Part, and a disclosure stating ``Your energy cost
depends on your utility rates and use. The estimated cost is based on
----
[[Page 2210]]
cents per kWh. For more information, visit www.ftc.gov/energy.''
(B) Room air conditioners and water heaters. The capacity of the
model determined in accordance with Sec. 305.7, the estimated annual
operating cost determined in accordance with Sec. 305.5 and appendix K
of this Part, and a disclosure stating ``Your operating costs will
depend on your utility rates and use. The estimated operating cost is
based on a [electricity, natural gas, propane, or oil] cost of [$ ----
per kWh, therm, or gallon]. For more information, visit www.ftc.gov/energy.''
(C) Clothes washers and dishwashers. The capacity of the model for
clothes washers determined in accordance with Sec. 305.7 and the
estimated annual operating cost for clothes washers and dishwashers
determined in accordance with Sec. 305.5 and appendix K, and a
disclosure stating ``Your energy cost depends on your utility rates and
use. The estimated cost is based on [4 washloads a week for
dishwashers, or 8 washloads a week for clothes washers] and -- cents
per kWh for electricity and $-- per therm for natural gas. For more
information, visit www.ftc.gov/energy.''
(D) General service fluorescent lamps or general service lamps. All
the information concerning that lamp required by Sec. 305.15 of this
part to be disclosed on the lamp's package, and, for general service
lamps, a disclosure stating ``Your energy cost depends on your utility
rates and use. The estimated cost and life is based on 11 cents per kWh
and 3 hours of use per day. For more information, visit www.ftc.gov/energy.'' For the ``Light Appearance'' disclosure required by Sec.
305.15(b)(3)(iv), the catalog need only disclose the lamp's correlated
color temperature in Kelvin (e.g., 2700 K). General service fluorescent
lamps or incandescent reflector lamps must also include a capital
letter ``E'' printed within a circle and the statement described in
Sec. 305.15(d)(1).
(E) Ceiling fans. All the information required by Sec. 305.13.
(F) Televisions. The estimated annual operating cost determined in
accordance with Sec. 305.5 and a disclosure stating ``Your energy cost
depends on your utility rates and use. The estimated cost is based on
11 cents per kWh and 5 hours of use per day. For more information,
visit www.ftc.gov/energy.''
(G) Central air conditioners, heat pumps, and furnaces (including
boilers), and pool heaters. The capacity of the model determined in
accordance with Sec. 305.7 and the energy efficiency or thermal
efficiency ratings determined in accordance with Sec. 305.5 on each
page that lists the covered product.
(ii) Products not required to bear EnergyGuide or Lighting Facts
labels. All paper catalogs advertising covered products not required by
this Part to bear labels with specific design characteristics
illustrated in appendix L (showerheads, faucets, water closets,
urinals, fluorescent lamp ballasts, and metal halide lamp fixtures)
must make a text disclosure for each covered product identical to those
required for Internet disclosures under Sec. 305.20(a)(1)(ii).
(2) Format. The required disclosures, whether text, label image, or
icon, must appear clearly and conspicuously on each page that contains
a detailed description of the covered product and its price. If a
catalog displays an image of the full label, the size of the label may
be altered to accommodate the catalog's design, as long as the label
remains clear and conspicuous to consumers. For text disclosures made
pursuant to Sec. 305.20(b)(1)(i) and (ii), the required disclosure may
be displayed once per page per type of product if the catalog offers
multiple covered products of the same type on a page, as long as the
disclosure remains clear and conspicuous.
Appendix E to Part 305 [Amended]
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13. In Appendix E, revise the column heading ``Manufacturer's rated
cooling capacity in Btu's/yr'' in the teable to read ``Manufacturer's
rated cooling capacity in Btu's/hr.''
Appendix L to Part 305 [Amended]
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14. In Appendix L, remove ``Sample Icon 13 Web site Link Icon'' and add
in its place ``Sample EnergyGuide Icon For Use on Web sites'' and
``Sample Lighting Facts Icon For Use on Web sites'' to read as follows:
Appendix L to Part 305--Sample Labels
* * * * *
[GRAPHIC] [TIFF OMITTED] TR10JA13.000
SAMPLE ENERGYGUIDE ICON FOR USE ON WEB SITES
[GRAPHIC] [TIFF OMITTED] TR10JA13.001
SAMPLE LIGHTING FACTS ICON FOR USE ON WEBSITES
* * * * *
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2013-00116 Filed 1-9-13; 8:45 am]
BILLING CODE 6750-01-P