80_FR_16318 80 FR 16259 - EnergyGuide Labels on Televisions

80 FR 16259 - EnergyGuide Labels on Televisions

FEDERAL TRADE COMMISSION

Federal Register Volume 80, Issue 59 (March 27, 2015)

Page Range16259-16266
FR Document2015-07070

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

Federal Register, Volume 80 Issue 59 (Friday, March 27, 2015)
[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Rules and Regulations]
[Pages 16259-16266]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07070]


=======================================================================
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FEDERAL TRADE COMMISSION

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-
2889).

SUPPLEMENTARY INFORMATION:

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:

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


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
                                                    televisions
         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
------------------------------------------------------------------------

* * * * *

0
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

* * * * *
BILLING CODE 6750-01-P

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* * * * *

    By direction of the Commission.
Donald S. Clark
Secretary.
[FR Doc. 2015-07070 Filed 3-26-15; 8:45 am]
 BILLING CODE 6750-01-C



                                                                      Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations                                                   16259

                                                  actions from a manufacturer, the action must            ACTION:   Final rule.                                  Manufacturers have until July 15, 2015
                                                  be accomplished using a method approved                                                                        to begin using the ranges on their labels.
                                                  by the Manager, International Branch, ANM–              SUMMARY:   The Federal Trade
                                                  116, Transport Airplane Directorate, FAA; or            Commission (‘‘Commission’’) amends                     III. Administrative Procedure Act
                                                  the EASA; or Airbus’s EASA DOA. If                      its Energy Labeling Rule (‘‘Rule’’) by                    The amendments published in this
                                                  approved by the DOA, the approval must                  publishing new ranges of comparability
                                                  include the DOA-authorized signature.                                                                          Notice are purely ministerial in nature
                                                                                                          for required EnergyGuide labels on                     and implement the Rule’s requirement
                                                  (j) Related Information                                 televisions.                                           that representations for televisions be
                                                     Refer to Mandatory Continuing                        DATES: Effective July 15, 2015.                        derived from DOE test procedures. See
                                                  Airworthiness Information (MCAI)                                                                               16 CFR 305.5(d). Accordingly, the
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  Airworthiness Directive 2013–0220, dated                                                                       Commission has good cause under
                                                  September 18, 2013, for related information.            Hampton Newsome, Attorney, Division
                                                                                                          of Enforcement, Federal Trade                          section 553(b)(B) of the APA to forgo
                                                  This MCAI may be found in the AD docket
                                                  on the Internet at http://                              Commission, Washington, DC 20580                       notice-and comment procedures for
                                                  www.regulations.gov/#!documentDetail;                   (202–326–2889).                                        these rule amendments. 5 U.S.C.
                                                  D=FAA-2014-0229-0002.                                   SUPPLEMENTARY INFORMATION:
                                                                                                                                                                 553(b)(B). These technical amendments
                                                                                                                                                                 merely provide a routine, conforming
                                                  (k) Material Incorporated by Reference                  I. Background                                          change to the range and cost
                                                     (1) The Director of the Federal Register                                                                    information required on EnergyGuide
                                                  approved the incorporation by reference
                                                                                                             The Commission issued the Energy
                                                                                                          Labeling Rule in 1979, 44 FR 66466                     labels. The Commission therefore finds
                                                  (IBR) of the service information listed in this
                                                                                                          (Nov. 19, 1979) pursuant to the Energy                 for good cause that public comment for
                                                  paragraph under 5 U.S.C. 552(a) and 1 CFR
                                                  part 51.                                                Policy and Conservation Act of 1975                    these technical, procedural amendments
                                                     (2) You must use this service information            (‘‘EPCA’’).1 The Rule covers several                   is impractical and unnecessary.
                                                  as applicable to do the actions required by             categories of major household products,                IV. Regulatory Flexibility Act
                                                  this AD, unless this AD specifies otherwise.            including televisions. It requires
                                                     (i) Airbus All Operator Telex A300–                                                                            The provisions of the Regulatory
                                                                                                          manufacturers of covered products to
                                                  53A0392, dated March 14, 2012. The                                                                             Flexibility Act relating to a Regulatory
                                                  document number and date appear on only                 disclose specific energy consumption or
                                                                                                                                                                 Flexibility Act analysis (5 U.S.C. 603–
                                                  the first page of this document.                        efficiency information (derived from
                                                                                                                                                                 604) are not applicable to this
                                                     (ii) Airbus All Operator Telex A300–                 Department of Energy (‘‘DOE’’) test
                                                                                                                                                                 proceeding because the amendments do
                                                  53A6171, dated March 14, 2012. The                      procedures) at the point-of-sale. In
                                                  document number and date appear on only
                                                                                                                                                                 not impose any new obligations on
                                                                                                          addition, each label must include a
                                                  the first page of this document.                                                                               entities regulated by the Energy
                                                                                                          ‘‘range of comparability’’ indicating the
                                                     (iii) Airbus All Operator Telex A310–                                                                       Labeling Rule. These technical
                                                                                                          highest and lowest energy consumption
                                                  53A2135, dated March 14, 2012. The                                                                             amendments merely provide a routine
                                                                                                          or efficiencies for comparable models.
                                                  document number and date appear on only                                                                        change to the range information
                                                  the first page of this document.                        The Commission updates these ranges
                                                                                                                                                                 required on EnergyGuide labels. Thus,
                                                     (3) For service information identified in            periodically.
                                                                                                                                                                 the amendments will not have a
                                                  this AD, contact Airbus SAS, Airworthiness              II. Range Updates for Televisions                      ‘‘significant economic impact on a
                                                  Office—EAW, 1 Rond Point Maurice
                                                  Bellonte, 31707 Blagnac Cedex, France;                     The Commission amends its                           substantial number of small entities.’’ 4
                                                  telephone +33 5 61 93 36 96; fax +33 5 61               television ranges in section 305.17(f)(5)              The Commission has concluded,
                                                  93 44 51; email account.airworth-eas@                   based on manufacturer data derived                     therefore, that a regulatory flexibility
                                                  airbus.com; Internet http://www.airbus.com.             from the DOE test procedures and                       analysis is not necessary, and certifies,
                                                     (4) You may view this service information            posted on the DOE Web site (https://                   under Section 605 of the Regulatory
                                                  at the FAA, Transport Airplane Directorate,                                                                    Flexibility Act (5 U.S.C. 605(b)), that the
                                                  1601 Lind Avenue SW., Renton, WA. For
                                                                                                          www.regulations.doe.gov/ccms). Last
                                                                                                          year, the Commission issued changes to                 amendments announced today will not
                                                  information on the availability of this                                                                        have a significant economic impact on
                                                  material at the FAA, call 425–227–1221.                 the television labeling requirements,
                                                     (5) You may view this service information            including new reporting and testing                    a substantial number of small entities.
                                                  that is incorporated by reference at the                provisions, to conform the FTC Rule to                 V. Paperwork Reduction Act
                                                  National Archives and Records                           a new DOE test procedure (79 FR 19464
                                                  Administration (NARA). For information on                                                                         The current Rule contains
                                                                                                          (April 9, 2014)). In that Notice, the
                                                  the availability of this material at NARA, call                                                                recordkeeping, disclosure, testing, and
                                                                                                          Commission also discussed the
                                                  202–741–6030, or go to: http://www.archives.                                                                   reporting requirements that constitute
                                                                                                          possibility that it would revise the
                                                  gov/federal-register/cfr/ibr-locations.html.                                                                   information collection requirements as
                                                                                                          Rule’s comparability ranges following
                                                    Issued in Renton, Washington, on March                                                                       defined by 5 CFR 1320.3(c), the
                                                                                                          the submission by manufacturers of new
                                                  14, 2015.                                                                                                      definitional provision within the Office
                                                                                                          model data derived from the DOE test
                                                  Jeffrey E. Duven,                                                                                              of Management and Budget (OMB)
                                                                                                          procedure.2 The Commission now
                                                  Manager, Transport Airplane Directorate,                                                                       regulations that implement the
                                                                                                          updates those ranges, along with related               Paperwork Reduction Act (PRA). OMB
                                                  Aircraft Certification Service.                         sample labels. In addition, these
                                                  [FR Doc. 2015–06583 Filed 3–26–15; 8:45 am]                                                                    has approved the Rule’s existing
                                                                                                          amendments update the cost figure on                   information collection requirements
                                                  BILLING CODE 4910–13–P                                  the television label to 12 cents per kWh               through May 31, 2017 (OMB Control No.
                                                                                                          consistent with other labeled products.3               3084 0069). The amendments now being
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                                                                                                                                                                 adopted do not change the substance or
                                                  FEDERAL TRADE COMMISSION                                   1 42 U.S.C. 6294. EPCA also requires the

                                                                                                          Department of Energy (‘‘DOE’’) to set minimum          frequency of the recordkeeping,
                                                  16 CFR Part 305                                         efficiency standards and develop test procedures to
                                                                                                          measure energy use.                                    § 305.17 to reflect the scope of the DOE test
                                                  RIN 3084–AB03                                              2 The Commission also discussed the potential for   procedure, which does not cover models with
                                                                                                          new ranges in a notice published last summer (79       screen sizes smaller than 16 inches. See 79 FR at
                                                  EnergyGuide Labels on Televisions                       FR 34642, 34656 n.108 (June 18, 2014)).                19465 (Commission’s discussion of this DOE
                                                                                                             3 These amendments also make a minor,               change).
                                                  AGENCY:    Federal Trade Commission.                    conforming change to the range categories in              4 5 U.S.C. 605.




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                                                  16260                       Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations

                                                  disclosure, or reporting requirements                                     PART 305—ENERGY AND WATER USE                                                (f) * * *
                                                  and, therefore, do not require further                                    LABELING FOR CONSUMER                                                        (4) Estimated annual energy costs
                                                  OMB clearance.                                                            PRODUCTS UNDER THE ENERGY                                                  determined in accordance with § 305.5
                                                                                                                            POLICY AND CONSERVATION ACT                                                of this part and based on a usage rate of
                                                  List of Subjects in 16 CFR Part 305                                       (‘‘ENERGY LABELING RULE’’)                                                 5 hours in on mode and 19 hours in
                                                    Advertising, Energy conservation,                                       ■ 1. The authority citation for part 305                                   standby (sleep) mode per day and an
                                                  Household appliances, Labeling,                                           continues to read as follows:                                              electricity cost rate of 12 cents per kWh.
                                                  Reporting and recordkeeping                                                                                                                            (5) The applicable ranges of
                                                                                                                                Authority: 42 U.S.C. 6294.
                                                  requirements.                                                                                                                                        comparability for estimated annual
                                                                                                                            ■ 2. In § 305.17, revise paragraphs (f)(4)
                                                    For the reasons set out above, the                                      and (5) to read as follows:                                                energy costs based on the labeled
                                                  Commission amends 16 CFR part 305 as                                                                                                                 product’s diagonal screen size,
                                                  follows:                                                                  § 305.17        Television labeling.                                       according to the following table:
                                                                                                                            *         *         *        *         *

                                                                                                                                                                                                                                 Annual energy cost ranges for
                                                                                                                                                                                                                                          televisions
                                                                                                                    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                                       Appendix L to Part 305—Sample Labels
                                                                                                                            Labels 8, 9, and 10 and Sample Labels                                      *         *           *      *      *
                                                                                                                            in 14, 15, and 16 to read as follows:                                      BILLING CODE 6750–01–P
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          Federal Register/Vol. 80, No. 59/Friday, March 27, 2015 /Rules and Regulations                                                                                 16261




                                                                                                         prohihits removal              Arial Narrow
                                                                                                       of this Iabel before
                                                                                                      consumer purchase.

                                                     12/14.4
                                           Arial Narrow 3




                                                                                                                                                          18 pt.
                       8 pt.                                                                                                                              Arial Narrow
                                    Bold              B Television
          819.6        Arial Narrow               L h XYZ Corporation

          Arial Narrow Bold                                Model ABC—L
8/9.6                               B‘ + Based on 12 cents per kWh
                                         and 5 hours per day use                /     at      C
Arial Narrow,
                                            * Estimated yearly electricity //       /
bold where indicated                                                                Cost Rangeof
                                              use of this model: 150 k\¥h
                                            * Your cost depends on                   Similar Models
                                              your utility rates and use.              (50" — 54")
                  ‘/’                                                                                                               = Text becomes
                                       >» Visit ftec.govienergy                                                                       PMS Yellow
Arial Narrow                                                                                                                            ien on black fill




                                                                                                                                                 setecn
                                                8 pt. 1
                                                Arial Bold                                                     3 pt.
                                                                  30 pt.                                      Arial Narrow
                                                            Arnal Bold,                                       baseline shift 2pt.
                                                     baseline shift 2 pt.




                                                 Minimumlabel size right angle triangle 4.5" x 4.5"



                   * Typeface is Arial Narrow andArial or equivalent typestyle. Typesizes shown are minimum allowable.
                    Use bold or heavy typeface where indicated. Typeis black printedon process yellow or equivalent
                    color background. EnergyStarlogo, if applicable, must be at least 0.36" wide.



                                                                Prototype Label 8
                                                      Triangular Television Label


16262     Federal Register/Vol. 80, No. 59/Friday, March 27, 2015 /Rules and Regulations

                                      30 pt.
                                      Arial Bold,                       12 pt.                       36 pt
                                      baseline shift 3 pt.       Arial Narrow Bold            Arial Bold             3 pt. rule



                                                                                                                      * Rased on 17cents per kWh
                                                                                                                        and 5 hours use perday ..
                                                                                                                      *# Estimated yearly electricity          Arial Narrow,
                                                                                                                         use of this model: 150 kWh
                                                                                                                      * Your cost depends on            bold where indicated
                                                                                                                        yourutility rates and use.

                                    XYZ Corporation      | es
        B D. mm    s Television        Model ABC—L      [@@Cost Rang             K                                        Visit ftc.govienergy                           8 pt.
                                          k            1J                                                                                                           Arial Bold
                                      |                                                  |o      _
                                    2l                                        .15 pt. rule
                                  aia.s 1                                            *           f
                                  Arial Narrow Bold            Arial Narrow                   13 pt.                      | 1Arial Narrow
                                                    Peapbllss                        Arial Narrow               2 pt. rule
                                                    Text becomes            baseline shift 2pt.
                                                    PMS Yellow                                               18 pt
                                                    when on blackfill                                        Afigi
                                                                                                             Narrow

                                                            Miaimum label size 1.5" x 5.25


                * Typefaceis Arial Narrowand Arial or equivalent typestyle. Typesizes shown are minimum allowable.
                  Use bold or heavy typeface whereindicated. Type is black printed on process yellow or equivalent
                  color background. Energy Star logo, if applicable, must be at least 0.36" wide.



                                                                Prototype Label 9
                                          Horizontal Rectangular Television Label


                                                                      Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations                         16263




                                                  *      *     *       *      *
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                                                                                                                                                                                          ER27MR15.002</GPH>




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                                                  16264               Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations




                                                                                                                                                           EnERGY
                                                                                                                                                           GUIDE+
                                                                                                                                                  Estimated Yearly
                                                                                                                                                    Energy Cost


                                                                                                                 • Based on 12 Cllllls per kWh
                                                                                                                   and 5hours per day we
                                                                                                                                                   $18
                                                                                                                 • Estlmalsd ynlyeleclridly
                                                                                                                   use ofll1smodel: 150 kWh             Cost Range of
                                                                                                                 • Your cctt depends 011                Similar Models
                                                                                                                   your utility rain and use.             (50"-54,
                                                                                                                    VISit ftc.govtenergy




                                                                                                                                                           EnERGY
                                                                                                                                                           GUIDE+
                                                                                                                                                  Estimated Yearly
                                                                                                                                                    Energy Cost


                                                                                                                 • Based on 12CillllsperkWh
                                                                                                                   and 5hours per day we
                                                                                                                                                   $10
                                                                                                                 • Estim1111ld ynly eleclridly
                                                                                                                   use of ll1s model: 83 kWh            Cost Range of
                                                                                                                 • Yourccttdepellds011                  Similar Models
                                                                                                                   your utility rain 111d - .            (50"-54,
                                                                                                                    ViM ttc.govtenergy




                                                                                                                       Sample Label 14
                                                                                                                  Triangular Television Labels
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                                                                                                                                                                                        ER27MR15.003</GPH>




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Federal Register/Vol. 80, No. 59/Friday, March 27, 2015 /Rules and Regulations                                       16265


        Federal law prohibits removal of this                                Faderal law prohibits removel of this
        label before consumer purchase.                                      label before consumer purchase.




                                 Television                                                           Television

                        XYZ Corporation                                                      XYZ Corporation
                           Model ABC—L                                                          Mode! ABC—L

           Estimated Yearly                                                     Estimated Yearly
             Energy Cost                                                          Energy Cost




          Cost Range of    L                                                   Cost Range of               L
          Similar Models >                                                     Similar Models




        * BRased on 12 cents per kW                                          * Rased on 12 centsper kWt
          and 5 hoursuse ;w@ay                                                 and5 hours use per day
          Estimated yearly electricity                                       * Estimated yearly electricity
          useofthis model: 150 kWh                                             useofthis model: 83 kWh
        * Your cost depends on                                               * Your cost deponds on
          yourutility rates and use.                                           your utility rates and use.

             Visit ftc.govienergy




                                                    Sample Label 15
                                                Vertical Television Labels


                                                  16266                Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations




                                                  *      *      *       *      *                           device are identified in this order and               rulemaking process. These devices
                                                    By direction of the Commission.                        will be part of the codified language for             remain in class III and require
                                                  Donald S. Clark
                                                                                                           the brain injury adjunctive interpretive              premarket approval, unless and until
                                                                                                           electroencephalograph assessment aid’s                the device is classified or reclassified
                                                  Secretary.
                                                                                                           classification. The Agency is classifying             into class I or II, or FDA issues an order
                                                  [FR Doc. 2015–07070 Filed 3–26–15; 8:45 am]
                                                                                                           the device into class II (special controls)           finding the device to be substantially
                                                  BILLING CODE 6750–01–C                                   in order to provide a reasonable                      equivalent, in accordance with section
                                                                                                           assurance of safety and effectiveness of              513(i) of the FD&C Act, to a predicate
                                                                                                           the device.                                           device that does not require premarket
                                                  DEPARTMENT OF HEALTH AND                                 DATES: This order is effective March 27,              approval. The Agency determines
                                                  HUMAN SERVICES                                           2015. The classification was applicable               whether new devices are substantially
                                                                                                           on November 17, 2014.                                 equivalent to predicate devices by
                                                  Food and Drug Administration                                                                                   means of premarket notification
                                                                                                           FOR FURTHER INFORMATION CONTACT: Jay
                                                                                                           Gupta, Center for Devices and                         procedures in section 510(k) of the
                                                  21 CFR Part 882                                                                                                FD&C Act (21 U.S.C. 360(k)) and part
                                                                                                           Radiological Health, Food and Drug
                                                  [Docket No. FDA–2015–N–0802]                             Administration, 10903 New Hampshire                   807 (21 CFR part 807) of the regulations.
                                                                                                           Ave., Bldg. 66, Rm. G312, Silver Spring,                 Section 513(f)(2) of the FD&C Act, as
                                                  Medical Devices; Neurological                            MD 20993–0002, 301–796–2795,                          amended by section 607 of the Food and
                                                  Devices; Classification of the Brain                     jay.gupta@fda.hhs.gov.                                Drug Administration Safety and
                                                  Injury Adjunctive Interpretive                                                                                 Innovation Act (Pub. L. 112–144),
                                                                                                           SUPPLEMENTARY INFORMATION:
                                                  Electroencephalograph Assessment                                                                               provides two procedures by which a
                                                  Aid                                                      I. Background                                         person may request FDA to classify a
                                                  AGENCY:    Food and Drug Administration,                    In accordance with section 513(f)(1) of            device under the criteria set forth in
                                                  HHS.                                                     the Federal Food, Drug, and Cosmetic                  section 513(a)(1). Under the first
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  ACTION:    Final order.                                  Act (the FD&C Act) (21 U.S.C.                         procedure, the person submits a
                                                                                                           360c(f)(1)), devices that were not in                 premarket notification under section
                                                  SUMMARY:   The Food and Drug                             commercial distribution before May 28,                510(k) of the FD&C Act for a device that
                                                  Administration (FDA) is classifying the                  1976 (the date of enactment of the                    has not previously been classified and,
                                                  brain injury adjunctive interpretive                     Medical Device Amendments of 1976),                   within 30 days of receiving an order
                                                  electroencephalograph assessment aid                     generally referred to as postamendments               classifying the device into class III
                                                  into class II (special controls). The                    devices, are classified automatically by              under section 513(f)(1) of the FD&C Act,
                                                                                                                                                                                                              ER27MR15.005</GPH>




                                                  special controls that will apply to the                  statute into class III without any FDA                the person requests a classification


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Document Created: 2015-12-18 11:36:03
Document Modified: 2015-12-18 11:36:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective July 15, 2015.
ContactHampton Newsome, Attorney, Division of Enforcement, Federal Trade Commission, Washington, DC 20580 (202-326- 2889).
FR Citation80 FR 16259 
RIN Number3084-AB03
CFR AssociatedAdvertising; Energy Conservation; Household Appliances; Labeling and Reporting and Recordkeeping Requirements

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