[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Rules and Regulations]
[Pages 16259-16266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07070]



16 CFR Part 305

RIN 3084-AB03

EnergyGuide Labels on Televisions

AGENCY: Federal Trade Commission.

ACTION: Final rule.


SUMMARY: The Federal Trade Commission (``Commission'') amends its 
Energy Labeling Rule (``Rule'') by publishing new ranges of 
comparability for required EnergyGuide labels on televisions.

DATES: Effective July 15, 2015.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, Attorney, Division of 
Enforcement, Federal Trade Commission, Washington, DC 20580 (202-326-


I. Background

    The Commission issued the Energy Labeling Rule in 1979, 44 FR 66466 
(Nov. 19, 1979) pursuant to the Energy Policy and Conservation Act of 
1975 (``EPCA'').\1\ The Rule covers several categories of major 
household products, including televisions. It requires manufacturers of 
covered products to disclose specific energy consumption or efficiency 
information (derived from Department of Energy (``DOE'') test 
procedures) at the point-of-sale. In addition, each label must include 
a ``range of comparability'' indicating the highest and lowest energy 
consumption or efficiencies for comparable models. The Commission 
updates these ranges periodically.

    \1\ 42 U.S.C. 6294. EPCA also requires the Department of Energy 
(``DOE'') to set minimum efficiency standards and develop test 
procedures to measure energy use.

II. Range Updates for Televisions

    The Commission amends its television ranges in section 305.17(f)(5) 
based on manufacturer data derived from the DOE test procedures and 
posted on the DOE Web site (https://www.regulations.doe.gov/ccms). Last 
year, the Commission issued changes to the television labeling 
requirements, including new reporting and testing provisions, to 
conform the FTC Rule to a new DOE test procedure (79 FR 19464 (April 9, 
2014)). In that Notice, the Commission also discussed the possibility 
that it would revise the Rule's comparability ranges following the 
submission by manufacturers of new model data derived from the DOE test 
procedure.\2\ The Commission now updates those ranges, along with 
related sample labels. In addition, these amendments update the cost 
figure on the television label to 12 cents per kWh consistent with 
other labeled products.\3\ Manufacturers have until July 15, 2015 to 
begin using the ranges on their labels.

    \2\ The Commission also discussed the potential for new ranges 
in a notice published last summer (79 FR 34642, 34656 n.108 (June 
18, 2014)).
    \3\ These amendments also make a minor, conforming change to the 
range categories in Sec.  305.17 to reflect the scope of the DOE 
test procedure, which does not cover models with screen sizes 
smaller than 16 inches. See 79 FR at 19465 (Commission's discussion 
of this DOE change).

III. Administrative Procedure Act

    The amendments published in this Notice are purely ministerial in 
nature and implement the Rule's requirement that representations for 
televisions be derived from DOE test procedures. See 16 CFR 305.5(d). 
Accordingly, the Commission has good cause under section 553(b)(B) of 
the APA to forgo notice-and comment procedures for these rule 
amendments. 5 U.S.C. 553(b)(B). These technical amendments merely 
provide a routine, conforming change to the range and cost information 
required on EnergyGuide labels. The Commission therefore finds for good 
cause that public comment for these technical, procedural amendments is 
impractical and unnecessary.

IV. Regulatory Flexibility Act

    The provisions of the Regulatory Flexibility Act relating to a 
Regulatory Flexibility Act analysis (5 U.S.C. 603-604) are not 
applicable to this proceeding because the amendments do not impose any 
new obligations on entities regulated by the Energy Labeling Rule. 
These technical amendments merely provide a routine change to the range 
information required on EnergyGuide labels. Thus, the amendments will 
not have a ``significant economic impact on a substantial number of 
small entities.'' \4\ The Commission has concluded, therefore, that a 
regulatory flexibility analysis is not necessary, and certifies, under 
Section 605 of the Regulatory Flexibility Act (5 U.S.C. 605(b)), that 
the amendments announced today will not have a significant economic 
impact on a substantial number of small entities.

    \4\ 5 U.S.C. 605.

V. Paperwork Reduction Act

    The current 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). OMB has approved the 
Rule's existing information collection requirements through May 31, 
2017 (OMB Control No. 3084 0069). The amendments now being adopted do 
not change the substance or frequency of the recordkeeping,

[[Page 16260]]

disclosure, or reporting requirements and, therefore, do not require 
further OMB clearance.

List of Subjects in 16 CFR Part 305

    Advertising, Energy conservation, Household appliances, Labeling, 
Reporting and recordkeeping requirements.

    For the reasons set out above, the Commission amends 16 CFR part 
305 as follows:


1. The authority citation for part 305 continues to read as follows:

    Authority: 42 U.S.C. 6294.

2. In Sec.  305.17, revise paragraphs (f)(4) and (5) to read as 

Sec.  305.17  Television labeling.

* * * * *
    (f) * * *
    (4) Estimated annual energy costs determined in accordance with 
Sec.  305.5 of this part and based on a usage rate of 5 hours in on 
mode and 19 hours in standby (sleep) mode per day and an electricity 
cost rate of 12 cents per kWh.
    (5) The applicable ranges of comparability for estimated annual 
energy costs based on the labeled product's diagonal screen size, 
according to the following table:

                                           Annual energy cost ranges for
         Screen size (diagonal)          -------------------------------
                                                Low            High
16-20'' (16.0 to 20.49'')...............              $3              $4
21-23'' (20.5 to 23.49'')...............               4               5
24-29'' (23.5 to 29.49'')...............               4               7
30-34'' (29.5 to 34.49'')...............               6              13
35-39'' (34.5 to 39.49'')...............               7              13
40-44'' (39.5 to 44.49'')...............               5              21
45-49'' (44.5 to 49.49'')...............               6              24
50-54'' (49.5 to 54.49'')...............               8              34
55-59'' (54.5 to 59.49'')...............               8              34
60-64'' (59.5 to 64.49'')...............              12              48
65-69'' (64.5 to 69.49'')...............              10              51
69.5'' or greater.......................              15              97

* * * * *

3. In appendix L, revise Prototype Labels 8, 9, and 10 and Sample 
Labels in 14, 15, and 16 to read as follows:

Appendix L to Part 305--Sample Labels

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* * * * *

    By direction of the Commission.
Donald S. Clark
[FR Doc. 2015-07070 Filed 3-26-15; 8:45 am]