81 FR 7201 - Energy Labeling Rule

FEDERAL TRADE COMMISSION

Federal Register Volume 81, Issue 28 (February 11, 2016)

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

[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)]
[Rules and Regulations]
[Pages 7201-7204]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02744]


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FEDERAL TRADE COMMISSION

16 CFR Part 305

RIN 3084-AB03


Energy Labeling Rule

AGENCY: Federal Trade Commission.

ACTION: Final rule.

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

DATES: The amendments announced in this document will become effective 
May 11, 2016.

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 clothes washers. 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.
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    \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.
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II. Range Updates for Clothes Washers

    The Commission amends its comparability ranges for clothes washers 
in the Rule based on manufacturer model data derived from the DOE test 
procedures and submitted to DOE (https://www.regulations.doe.gov/ccms).\2\ The amendments update the ranges in Appendix F1 and F2 and 
the sample labels in Appendix L of the Rule. The amendments also 
include conforming changes to sections 305.7, 305.10, and 305.11 to 
remove obsolete regulatory text applicable to models produced before 
March 7, 2015. Manufacturers have until May 11, 2016 to begin using the 
updated ranges on their labels. As indicated in section 305.10(a) of 
the Rule, products that have been labeled prior to this effective date 
need not be relabeled.
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    \2\ Previously, the Commission announced its intention to update 
the clothes washer ranges based on test data derived from updated 
DOE test requirements. See 80 FR 67351, 67355, n. 29 (Nov. 2, 2015).
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III. Administrative Procedure Act

    The amendments published in this document involve routine, 
technical and minor, or conforming changes to the labeling requirements 
in the Rule. 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 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 under 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.'' \3\ 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.
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    \3\ 5 U.S.C. 605.
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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)

[[Page 7202]]

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, 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.
    Accordingly, 16 CFR part 305 is amended as follows:

PART 305--[AMENDED]

0
1. The authority citation for Part 305 continues to read as follows:

    Authority: 42 U.S.C. 6294.



0
2. In Sec.  305.7, revise paragraph (g) to read as follows:


Sec.  305.7  Determinations of capacity.

* * * * *
    (g) Clothes washers. The capacity shall be the tub capacity as 
determined according to Department of Energy test procedures in 10 CFR 
part 430, subpart B, expressed in terms of ``Capacity (tub volume)'' in 
cubic feet, rounded to the nearest one-tenth of a cubic foot, and the 
capacity class designations ``standard'' or ``compact.''
* * * * *

0
3. In Sec.  305.10, revise paragraph (b) to read as follows:


Sec.  305.10  Ranges of comparability on the required labels.

* * * * *
    (b) Representative average unit energy cost. The Representative 
Average Unit Energy Cost figures to be used on labels as required by 
Sec.  305.11 are listed in appendix K to this part. The Commission 
shall publish revised Representative Average Unit Energy Cost figures 
in the Federal Register in 2017. When the cost figures are revised, all 
information disseminated after 90 days following the publication of the 
revision shall conform to the new cost figure.
* * * * *

0
4. In Sec.  305.11, revise paragraphs (f)(5), (f)(6), and (f)(9)(ii), 
remove paragraph (f)(9)(viii), redesignate paragraphs (f)(9)(ix) and 
(x) as (f)(9)(viii) and (ix) respectively, and revise redesignated 
paragraph (f)(9)(viii) 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) * * *
    (5) Unless otherwise indicated in this paragraph, estimated annual 
operating costs for refrigerators, refrigerator-freezers, freezers, 
clothes washers, dishwashers, room air conditioners, and water heaters 
are as determined in accordance with Sec. Sec.  305.5 and 305.10. 
Thermal efficiencies for pool heaters are as determined in accordance 
with Sec.  305.5. Labels for clothes washers and dishwashers must 
disclose estimated annual operating cost for both electricity and 
natural gas as illustrated in the sample labels in appendix L.
    (6) Unless otherwise indicated in this paragraph, ranges of 
comparability for estimated annual operating costs or thermal 
efficiencies, as applicable, are found in the appropriate appendices 
accompanying this part. For refrigerators, refrigerator-freezers, and 
freezers manufactured on or after September 15, 2014, the range 
information shall match the text and graphics in sample labels 1A of 
Appendix L.
* * * * *
    (9) * * *
    (ii) For refrigerators, refrigerator-freezers, and freezers 
manufactured on or after September 15, 2014 and clothes washers 
manufactured after March 7, 2015, the label shall contain the text and 
graphics illustrated in sample labels 1A and 2 of Appendix L, including 
the statement:
    Compare ONLY to other labels with yellow numbers.
    Labels with yellow numbers are based on the same test procedures.
* * * * *
    (viii) For clothes washers, the label shall contain the text and 
graphics illustrated in the prototype and sample labels in Appendix L, 
including the following statements (fill in the blanks with the 
appropriate capacity type and energy cost):

    Your cost will depend on your utility rates and use.
    Cost range based only on [compact/standard] capacity models.
    Estimated operating cost based on six wash loads a week and a 
national average electricity cost of __ cents per kWh and natural gas 
cost of $__ per therm.
* * * * *

0
5. Appendix F1 to Part 305 is revised to read as follows:

Appendix F1 to Part 305--Standard Clothes Washers

Range Information

    ``Standard'' includes all household clothes washers with a tub 
capacity of 1.6 cu. ft. or more.

------------------------------------------------------------------------
                                               Range of estimated annual
                                               operating costs (dollars/
                  Capacity                               year)
                                             ---------------------------
                                                   Low          High
------------------------------------------------------------------------
Standard....................................           $8           $51
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0
6. Appendix F2 to Part 305 is revised to read as follows:

Appendix F2 to Part 305--Compact Clothes Washers

Range Information

    ``Compact'' includes all household clothes washers with a tub 
capacity of less than 1.6 cu. ft.

------------------------------------------------------------------------
                                              Range of estimated  annual
                                               operating costs (dollars/
                  Capacity                               year)
                                             ---------------------------
                                                   Low          High
------------------------------------------------------------------------
Compact.....................................          $10           $24
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0
7. In Appendix L to Part 305, revise Prototype Label 2 and Sample Label 
2 and remove Sample Label 2A to read as follows:

Appendix L to Part 305--Sample Labels

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BILLING CODE 6750-01-P

[[Page 7203]]

[GRAPHIC] [TIFF OMITTED] TR11FE16.000

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[[Page 7204]]

[GRAPHIC] [TIFF OMITTED] TR11FE16.001

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    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2016-02744 Filed 2-10-16; 8:45 am]
BILLING CODE 6750-01-C