[Federal Register Volume 89, Number 161 (Tuesday, August 20, 2024)]
[Proposed Rules]
[Pages 67335-67336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17105]


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FEDERAL TRADE COMMISSION

16 CFR Part 305

RIN 3084-AB15


Energy Labeling Rule

AGENCY: Federal Trade Commission.

ACTION: Notice of proposed rulemaking; public hearing.

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SUMMARY: In response to a recent notice of proposed rulemaking on the 
Energy Labeling Rule, one commenter, Dyson, Inc. (``Dyson''), requested 
an opportunity to present oral comments on proposed air cleaner 
labeling. In response, the Commission will hold a virtual oral hearing 
for the requester to provide its comments.

DATES: The oral hearing will be conducted virtually starting at 1:00 
p.m. Eastern Time on September 19, 2024.

ADDRESSES: The Hearing Participant (i.e., Dyson) must submit any 
materials it intends to present at the oral hearing by following the 
instructions in Part III of the SUPPLEMENTARY INFORMATION section 
below. Write ``Air Cleaner Labeling Oral Hearing (Matter No. R611004)'' 
on any documentary submission and file it at [email protected]. 
If Dyson prefers to file a documentary submission on paper, please send 
it via overnight service to the following address: Federal Trade 
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Mail 
Stop H-144 (Annex L), Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Julia Ensor, 202-326-2377; and Hong 
Park, 202-326-2158.

SUPPLEMENTARY INFORMATION: On February 2, 2024 (89 FR 7566), the 
Commission published a notice of proposed rulemaking (``NPRM'') 
containing proposed amendments to improve the Energy Labeling Rule 
(``Rule'') (16 CFR part 305), including energy labels for several new 
consumer product categories such as air cleaners, clothes dryers, 
miscellaneous refrigeration products, and portable electric spas. In 
response, the Commission received 29 comments, which are posted on the 
docket at https://www.regulations.gov/docket/FTC-2024-0008.

I. Dyson's Request To Present Oral Views

    In addition to soliciting written comments, the NPRM invited 
interested parties to request an opportunity to present oral data, 
views, and comments on the proposed amendments.\1\ In response, Dyson 
asked to present its view on the Department of Energy's (``DOE'') test 
procedures for the proposed air cleaner labels. Specifically, Dyson 
requested the
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    \1\ The Energy Policy and Conservation Act (``EPCA''), which 
directs FTC to issue energy labeling requirements, states that ``the 
Commission shall afford interested persons an opportunity to present 
written or oral data, views, and comments with respect to the 
proposed labeling rules published under [section 6294(b)(1))].'' 42 
U.S.C. 6294(b)(2); see also 16 CFR 1.26(c). Because this Rule is 
promulgated under EPCA, the procedural requirements for rules 
promulgated under section 18 of the FTC Act (15 U.S.C. 57a) do not 
apply here.

. . . opportunity to present oral comments and other materials (such 
as audio/visual and/or visual aids) that Dyson believes would be 
helpful to the FTC in better understanding: (1) the misleading 
outputs of the DOE's test procedure as applied to room size coverage 
and energy efficiency claims for air cleaners, (2) the 
inapplicability of AHAM AC1 to real-world situations, (3) whether 
AHAM AC1 includes outdated elements and whether it has been subject 
to thorough review, (4) the feasibility of a one-size-fits-all room 
size test that may not capture the nuances of different air 
cleaners, and (5) if a one-size-fits-all room size test is 
appropriate, potential ways in which the DOE's test procedure could 
be modified to be more accurate and consistent, and avoid potential 
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consumer confusion and harm for the reasons outlined above.

    Therefore, the Commission issues this notice of oral hearing for 
Dyson on labeling for air cleaners.

II. Conduct of the Oral Hearing for Air Cleaner Labeling

    Commission staff will preside over the oral hearing virtually using 
video conferencing at 1:00 p.m. Eastern Time on September 19, 2024. The 
presiding officer (Julia Ensor or Hong Park) will ensure the orderly 
conduct of the oral hearing and place the transcript and any written 
submissions by Dyson into the rulemaking record. The oral hearing will 
be available for the public to watch live from the Commission's 
website, https://www.ftc.gov. The oral hearing will be limited to the 
party requesting submission of oral comments, Dyson, and its concerns 
regarding labeling for air cleaners raised in its request. See section 
I, supra.

III. Making an Oral Statement or Documentary Submission

    Dyson's oral statement will be limited to 20 minutes, although the 
oral statement may be supplemented by documentary submissions as 
described below, and the presiding officer may grant an extension of 
time for good cause shown. Dyson will be provided with instructions as 
to how to participate in the virtual hearing.
    Dyson must submit any materials (e.g., slides) it intends to 
present at the oral hearing by submitting the materials to 
[email protected] on or before September 12, 2024.\2\ Write 
``Air Cleaner Labeling Oral Hearing (Matter No. R611004)'' on the 
submission. If Dyson files a documentary submission under this section, 
the documentary submission--including Dyson's name and State--will be 
placed on the rulemaking record of this proceeding, including on the 
website https://www.regulations.gov.
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    \2\ Pursuant to 16 CFR 1.26(c), if, by reason of the limitations 
imposed, Dyson cannot complete the presentation of its suggestions, 
Dyson may, within 24 hours, file a written statement covering those 
relevant matters that it did not orally present. Any such statement 
must be submitted on the rulemaking docket and otherwise follow the 
instructions set out in this document for documentary submissions.
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    Because any documentary submission will be placed on the rulemaking 
record, Dyson is solely responsible for making sure the documentary 
submission does not include sensitive or confidential information. In 
particular, the documentary submission should not contain sensitive 
personal information, such as Social Security numbers; dates of birth; 
driver's license numbers or other State identification numbers or 
foreign country equivalent; passport

[[Page 67336]]

numbers; financial account numbers; or credit or debit card numbers. 
Dyson is also solely responsible for making sure the documentary 
submission does not include sensitive health information, such as 
medical records or other individually identifiable health information. 
In addition, the documentary submission should not include any 
``[t]rade secret or any commercial or financial information which . . . 
is privileged or confidential''--as provided in section 6(f) of the FTC 
Act, 15 U.S.C. 46(f), and Commission Rule 4.10(a)(2), 16 CFR 
4.10(a)(2)--including, in particular, competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns, devices, manufacturing processes, or customer names.
    Documentary submissions containing material for which confidential 
treatment is requested must be filed in paper form, must be clearly 
labeled ``Confidential,'' and must comply with Commission Rule 4.9(c), 
16 CFR 4.9(c). In particular, the written request for confidential 
treatment that accompanies the documentary submission must include the 
factual and legal basis for the request and must identify the specific 
portions to be withheld from the public record. See Commission Rule 
4.9(c). Documentary submissions will be kept confidential only if the 
General Counsel grants the request in accordance with the law and the 
public interest. Once a documentary submission has been posted publicly 
at https://www.regulations.gov--as legally required by Commission Rule 
4.9(b), 16 CFR 4.9(b)--we cannot redact or remove it, unless the 
submitter submits a confidentiality request that meets the requirements 
for such treatment under Commission Rule 4.9(c), and the General 
Counsel grants that request.
    The FTC Act and other laws that the Commission administers permit 
the collection of documentary submissions to consider and use in this 
proceeding as appropriate. The Commission will consider all timely and 
responsive documentary submissions it receives from Dyson. For 
information on the Commission's privacy policy, including routine uses 
permitted by the Privacy Act, see https://www.ftc.gov/siteinformation/privacypolicy.
    If Dyson needs assistance complying with these instructions, it 
should indicate as much in a written submission, and the Commission 
will endeavor to provide accommodations. If Dyson does not have the 
computer technology necessary to participate in video conferencing, it 
will be able to participate in the oral hearing by telephone; it should 
indicate as much in its submission.

IV. Communications by Outside Parties to the Commissioners or Their 
Advisors

    Written communications and summaries or transcripts of oral 
communications respecting the merits of this proceeding, from any 
outside party to any Commissioner or Commissioner's advisor, will be 
placed on the public record. See 16 CFR 1.26(b)(5).

    By direction of the Commission.
Joel Christie,
Acting Secretary.
[FR Doc. 2024-17105 Filed 8-19-24; 8:45 am]
BILLING CODE 6750-01-P