81 FR 7201 - Energy Labeling Rule
FEDERAL TRADE COMMISSION Federal Register Volume 81, Issue 28 (February 11, 2016)
Federal Register Volume 81, Issue 28 (February 11, 2016)
| Page Range | 7201-7204 | |
| FR Document | 2016-02744 |
[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] ======================================================================= ----------------------------------------------------------------------- FEDERAL TRADE COMMISSION 16 CFR Part 305 RIN 3084-AB03 Energy Labeling Rule 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 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. --------------------------------------------------------------------------- \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 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \3\ 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) [[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 ------------------------------------------------------------------------ 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 ------------------------------------------------------------------------ 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 * * * * * BILLING CODE 6750-01-P [[Page 7203]] [GRAPHIC] [TIFF OMITTED] TR11FE16.000 * * * * * [[Page 7204]] [GRAPHIC] [TIFF OMITTED] TR11FE16.001 * * * * * 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
![Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Rules and Regulations 7201
FR 11034; February 26, 1979); and (3) Issued in Fort Worth, TX, on February 3, amendments update the ranges in
does not warrant preparation of a 2016. Appendix F1 and F2 and the sample
regulatory evaluation as the anticipated Vonnie Royal, labels in Appendix L of the Rule. The
impact is so minimal. Since this is a Acting Manager, Operations Support Group, amendments also include conforming
routine matter that only affects air traffic ATO Central Service Center. changes to sections 305.7, 305.10, and
procedures and air navigation, it is [FR Doc. 2016–02672 Filed 2–10–16; 8:45 am] 305.11 to remove obsolete regulatory
certified that this rule, when BILLING CODE 4910–13–P text applicable to models produced
promulgated, does not have a significant before March 7, 2015. Manufacturers
economic impact on a substantial have until May 11, 2016 to begin using
FEDERAL TRADE COMMISSION the updated ranges on their labels. As
number of small entities under the
indicated in section 305.10(a) of the
criteria of the Regulatory Flexibility Act.
16 CFR Part 305 Rule, products that have been labeled
Environmental Review RIN 3084–AB03
prior to this effective date need not be
relabeled.
The FAA has determined that this Energy Labeling Rule
action qualifies for categorical exclusion III. Administrative Procedure Act
under the National Environmental AGENCY: Federal Trade Commission. The amendments published in this
Policy Act in accordance with FAA ACTION: Final rule. document involve routine, technical
Order 1050.1F, ‘‘Environmental and minor, or conforming changes to the
SUMMARY: The Federal Trade labeling requirements in the Rule.
Impacts: Policies and Procedures’’ Commission (‘‘Commission’’) amends
paragraph 5–6.5a. This airspace action Accordingly, the Commission has good
its Energy Labeling Rule (‘‘Rule’’) by cause under section 553(b)(B) of the
is not expected to cause any potentially publishing new ranges of comparability
significant environmental impacts, and APA to forgo notice-and comment
for required EnergyGuide labels on procedures for these rule amendments.
no extraordinary circumstances exists clothes washers. 5 U.S.C. 553(b)(B). These technical
that warrant preparation of an DATES: The amendments announced in amendments merely provide a routine,
environmental assessment. this document will become effective conforming change to the range
List of Subjects in 14 CFR Part 71 May 11, 2016. information required on EnergyGuide
FOR FURTHER INFORMATION CONTACT: labels. The Commission therefore finds
Airspace, Incorporation by reference, Hampton Newsome, Attorney, Division for good cause that public comment for
Navigation (air). of Enforcement, Federal Trade these technical, procedural amendments
Commission, Washington, DC 20580 is impractical and unnecessary.
Adoption of the Amendment (202–326–2889).
IV. Regulatory Flexibility Act
In consideration of the foregoing, the SUPPLEMENTARY INFORMATION:
The provisions of the Regulatory
Federal Aviation Administration I. Background Flexibility Act relating to a Regulatory
amends 14 CFR part 71 as follows: Flexibility Act analysis (5 U.S.C. 603–
The Commission issued the Energy
Labeling Rule in 1979, 44 FR 66466 604) are not applicable to this
PART 71—DESIGNATION OF CLASS A,
(Nov. 19, 1979) pursuant to the Energy proceeding because the amendments do
B, C, D, AND E AIRSPACE AREAS; AIR
Policy and Conservation Act of 1975 not impose any new obligations on
TRAFFIC SERVICE ROUTES; AND entities regulated under the Energy
(‘‘EPCA’’).1 The Rule covers several
REPORTING POINTS Labeling Rule. These technical
categories of major household products,
including clothes washers. It requires amendments merely provide a routine
■ 1. The authority citation for Part 71 manufacturers of covered products to change to the range information
continues to read as follows: disclose specific energy consumption or required on EnergyGuide labels. Thus,
Authority: 49 U.S.C. 106(f), 106(g), 40103, efficiency information (derived from the amendments will not have a
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Department of Energy (‘‘DOE’’) test ‘‘significant economic impact on a
1959–1963 Comp., p. 389. procedures) at the point-of-sale. In substantial number of small entities.’’ 3
addition, each label must include a The Commission has concluded,
§ 71.1 [Amended] ‘‘range of comparability’’ indicating the therefore, that a regulatory flexibility
highest and lowest energy consumption analysis is not necessary, and certifies,
■ 2. The incorporation by reference in under Section 605 of the Regulatory
14 CFR 71.1 of FAA Order 7400.9Z, or efficiencies for comparable models.
The Commission updates these ranges Flexibility Act (5 U.S.C. 605(b)), that the
Airspace Designations and Reporting amendments announced today will not
periodically.
Points, dated August 6, 2015, and have a significant economic impact on
effective September 15, 2015, is II. Range Updates for Clothes Washers a substantial number of small entities.
amended as follows: The Commission amends its V. Paperwork Reduction Act
comparability ranges for clothes
Paragraph 6005 Class E Airspace Areas washers in the Rule based on The current Rule contains
Extending Upward From 700 Feet or More recordkeeping, disclosure, testing, and
manufacturer model data derived from
Above the Surface of the Earth. reporting requirements that constitute
the DOE test procedures and submitted
* * * * * to DOE (https:// information collection requirements as
jstallworth on DSK7TPTVN1PROD with RULES
www.regulations.doe.gov/ccms).2 The defined by 5 CFR 1320.3(c), the
ASW AR E5 Clinton, AR [New] definitional provision within the Office
Clinton Municipal Airport, AR 1 42 U.S.C. 6294. EPCA also requires the of Management and Budget (OMB)
(Lat. 35°35′52″ N., long. 092°27′06″ W.) Department of Energy (‘‘DOE’’) to set minimum
That airspace extending upward from 700 efficiency standards and develop test procedures to on test data derived from updated DOE test
measure energy use. requirements. See 80 FR 67351, 67355, n. 29 (Nov.
feet above the surface within a 6.0-mile 2 Previously, the Commission announced its 2, 2015).
radius of Clinton Municipal Airport. intention to update the clothes washer ranges based 3 5 U.S.C. 605.
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![7202 Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Rules and Regulations
regulations that implement the revision shall conform to the new cost illustrated in the prototype and sample
Paperwork Reduction Act (PRA). OMB figure. labels in Appendix L, including the
has approved the Rule’s existing * * * * * following statements (fill in the blanks
information collection requirements ■ 4. In § 305.11, revise paragraphs (f)(5), with the appropriate capacity type and
through May 31, 2017 (OMB Control No. (f)(6), and (f)(9)(ii), remove paragraph energy cost):
3084 0069). The amendments now being (f)(9)(viii), redesignate paragraphs Your cost will depend on your utility
adopted do not change the substance or (f)(9)(ix) and (x) as (f)(9)(viii) and (ix) rates and use.
frequency of the recordkeeping, respectively, and revise redesignated Cost range based only on [compact/
disclosure, or reporting requirements paragraph (f)(9)(viii) to read as follows: standard] capacity models.
and, therefore, do not require further
OMB clearance. § 305.11 Labeling for refrigerators, Estimated operating cost based on six
refrigerator-freezers, freezers, dishwashers, wash loads a week and a national
List of Subjects in 16 CFR Part 305 clothes washers, water heaters, room air average electricity cost of ll cents per
conditioners, and pool heaters. kWh and natural gas cost of $ll per
Advertising, Energy conservation,
Household appliances, Labeling, * * * * * therm.
Reporting and recordkeeping (f) * * * * * * * *
(5) Unless otherwise indicated in this
requirements. ■ 5. Appendix F1 to Part 305 is revised
paragraph, estimated annual operating
Accordingly, 16 CFR part 305 is costs for refrigerators, refrigerator- to read as follows:
amended as follows: freezers, freezers, clothes washers, Appendix F1 to Part 305—Standard
dishwashers, room air conditioners, and Clothes Washers
PART 305—[AMENDED]
water heaters are as determined in
Range Information
■ 1. The authority citation for Part 305 accordance with §§ 305.5 and 305.10.
Thermal efficiencies for pool heaters are ‘‘Standard’’ includes all household clothes
continues to read as follows: washers with a tub capacity of 1.6 cu. ft. or
as determined in accordance with
Authority: 42 U.S.C. 6294. § 305.5. Labels for clothes washers and more.
dishwashers must disclose estimated
■ 2. In § 305.7, revise paragraph (g) to Range of estimated
annual operating cost for both electricity annual operating costs
read as follows:
and natural gas as illustrated in the Capacity (dollars/year)
§ 305.7 Determinations of capacity. sample labels in appendix L.
(6) Unless otherwise indicated in this Low High
* * * * *
paragraph, ranges of comparability for
(g) Clothes washers. The capacity Standard ........... $8 $51
estimated annual operating costs or
shall be the tub capacity as determined
thermal efficiencies, as applicable, are
according to Department of Energy test ■ 6. Appendix F2 to Part 305 is revised
found in the appropriate appendices
procedures in 10 CFR part 430, subpart to read as follows:
accompanying this part. For
B, expressed in terms of ‘‘Capacity (tub
refrigerators, refrigerator-freezers, and Appendix F2 to Part 305—Compact
volume)’’ in cubic feet, rounded to the
freezers manufactured on or after Clothes Washers
nearest one-tenth of a cubic foot, and September 15, 2014, the range
the capacity class designations information shall match the text and Range Information
‘‘standard’’ or ‘‘compact.’’ graphics in sample labels 1A of ‘‘Compact’’ includes all household clothes
* * * * * Appendix L. washers with a tub capacity of less than 1.6
■ 3. In § 305.10, revise paragraph (b) to * * * * * cu. ft.
read as follows: (9) * * *
(ii) For refrigerators, refrigerator- Range of estimated
§ 305.10 Ranges of comparability on the annual operating costs
freezers, and freezers manufactured on Capacity (dollars/year)
required labels. or after September 15, 2014 and clothes
* * * * * washers manufactured after March 7, Low High
(b) Representative average unit energy 2015, the label shall contain the text and
cost. The Representative Average Unit graphics illustrated in sample labels 1A Compact ........... $10 $24
Energy Cost figures to be used on labels and 2 of Appendix L, including the
as required by § 305.11 are listed in statement: ■ 7. In Appendix L to Part 305, revise
appendix K to this part. The Compare ONLY to other labels with Prototype Label 2 and Sample Label 2
Commission shall publish revised yellow numbers. and remove Sample Label 2A to read as
Representative Average Unit Energy Labels with yellow numbers are based follows:
Cost figures in the Federal Register in on the same test procedures.
Appendix L to Part 305—Sample Labels
2017. When the cost figures are revised, * * * * *
all information disseminated after 90 (viii) For clothes washers, the label * * * * *
days following the publication of the shall contain the text and graphics BILLING CODE 6750–01–P
jstallworth on DSK7TPTVN1PROD with RULES
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Document Created: 2016-02-11 00:03:31
Document Modified: 2016-02-11 00:03:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | The amendments announced in this document will become effective May 11, 2016. | |
| Contact | Hampton Newsome, Attorney, Division of Enforcement, Federal Trade Commission, Washington, DC 20580 (202-326- 2889). | |
| FR Citation | 81 FR 7201 | |
| RIN Number | 3084-AB03 | |
| CFR Associated | Advertising; Energy Conservation; Household Appliances; Labeling and Reporting and Recordkeeping Requirements |
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