Energy and Water Use Labeling for Consumer Products Under the Energy Policy and Conservation Act (“Energy Labeling Rule”), 78305-78309 [2013-30633]

Download as PDF Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Proposed Rules Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] * * * * * 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9X, Airspace Designations and Reporting Points, Dated August 7, 2013, and Energy and Water Use Labeling for Consumer Products Under the Energy Policy and Conservation Act (‘‘Energy Labeling Rule’’) Federal Trade Commission (FTC or Commission). ACTION: Proposed rule. AGENCY: NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 14 CFR Parts 1260 and 1274 Removal of Procedures for Delegation of Administration of Grants and Cooperative Agreements Proposed rule; correction. This document corrects the preamble to a proposed rule published in the Federal Register of November 14, 2013, regarding Procedures for Delegation of Administration of Grants and Cooperative Agreements. This correction provides the correct regulatory identification number (RIN) for the proposed rule. SUMMARY: FOR FURTHER INFORMATION CONTACT: Leigh Pomponio, 202–358–0592. Correction In proposed rule FR Doc. 2013–27232, beginning on page 68376 in the issue of November 14, 2013, make the following corrections in the RIN and Addresses sections: • On page 68376 in the 1st column, remove the RIN 2700–AE11 and add in its place the RIN 2700–AE12. • On page 68376 in the 2nd column, remove the RIN 2700–AE11 and add in its place the RIN 2700–AE12. [FR Doc. 2013–30793 Filed 12–24–13; 8:45 am] BILLING CODE 7510–13–P Jkt 232001 Comments must be received by February 10, 2014. ADDRESSES: Interested parties may file a comment online or on paper by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write ‘‘Television Labels, Matter No. R611004’’ on your comment, and file your comment online at https:// ftcpublic.commentworks.com/ftc/ televisionlabels by following the instructions on the web-based form. If you prefer to file your comment on paper, mail or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Room H–113 (Annex F), 600 Pennsylvania Avenue NW., Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326–2889, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Room M–8102B, 600 Pennsylvania Avenue NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: DATES: National Aeronautics and Space Administration. AGENCY: Nanette Jennings, NASA Liaison Officer. The Commission proposes conforming amendments to the Energy Labeling Rule (‘‘Rule’’) to require a new Department of Energy (DOE) test procedure for televisions and establish data reporting requirements for those products. SUMMARY: RIN 2700–AE12 tkelley on DSK3SPTVN1PROD with PROPOSALS 88°51′52″ 89°00′22″ 88°46′17″ 88°18′14″ [3084–AB15] BILLING CODE 4910–13–P 17:18 Dec 24, 2013 long. long. long. long. * 16 CFR Part 305 [FR Doc. 2013–30693 Filed 12–24–13; 8:45 am] VerDate Mar<15>2010 N., N., N., N., Paragraph 6011 United States Area Navigation Routes FEDERAL TRADE COMMISSION Issued in Washington, DC, on December 18, 2013. Gary A. Norek, Manager, Airspace Policy and ATC Procedures Group. ACTION: effective September 15, 2013, is amended as follows: ■ T–265 AHMED, IL to VEENA, WI [Amended] AHMED, IL Fix (Lat. 41°29′52″ START, IL Fix (Lat. 41°45′25″ BULLZ, IL Fix (Lat. 42°27′27″ VEENA, WI Fix (Lat. 42°42′18″ I. Background The Commission’s Energy Labeling Rule (Rule) (16 CFR Part 305), issued pursuant to the Energy Policy and Conservation Act (EPCA), requires PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 78305 * * * * W.) W.) W.) W.) energy labeling for major household appliances and other consumer products to help consumers compare competing models. When first published in 1979, the Rule applied to eight product categories: Refrigerators, refrigerator-freezers, freezers, dishwashers, water heaters, clothes washers, room air conditioners, and furnaces. The Commission has since expanded the Rule’s coverage to include central air conditioners, heat pumps, plumbing products, lighting products, ceiling fans, certain types of water heaters, and televisions. The Rule requires manufacturers to attach yellow EnergyGuide labels on many of these products, and prohibits retailers from removing the labels or rendering them illegible. In addition, the Rule directs sellers, including retailers, to post label information on Web sites and in paper catalogs from which consumers can order products. EnergyGuide labels for covered appliances must contain three key disclosures: Estimated annual energy cost (for most products); a product’s energy consumption or energy efficiency rating as determined from Department of Energy (DOE) test procedures; and a comparability range displaying the highest and lowest energy costs or efficiency ratings for all similar models.1 For energy cost calculations, the Rule specifies national average costs for applicable energy sources (e.g., electricity, natural gas, oil) as calculated by DOE. The Rule sets a five-year schedule for updating range of comparability and average unit energy cost information.2 The Commission updates the range information based on manufacturer data submitted pursuant to the Rule’s reporting requirements. 1 Where no ‘‘applicable’’ DOE test exists for televisions, EPCA authorizes the Commission to use ‘‘adequate non-Department of Energy test procedures’’ to obtain information for energy disclosures. 42 U.S.C. 6294(a)(2)(I)(ii). During FTC’s television labeling proceeding, DOE announced plans to develop a new test procedure. 74 FR 53640, 53641 (Oct. 20, 2009). 2 16 CFR 305.10. E:\FR\FM\26DEP1.SGM 26DEP1 78306 Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Proposed Rules II. Proposed Amendments The Commission now proposes conforming amendments to revise the Rule’s television testing and reporting requirements in response to a new DOE television test procedure published on October 25, 2013 (78 FR 63823). These amendments will ensure the Rule’s television labeling requirements are consistent with EPCA, which mandates that FTC labels reflect applicable DOE test procedures when available.3 When the Commission first issued labeling requirements for televisions in 2011 (76 FR 1038 (Jan. 6, 2011)), no DOE test procedure existed for such products. Accordingly, the FTC required manufacturers to use the Environmental Protection Agency’s (EPA’s) ENERGY STAR test procedure to measure television energy use. However, as discussed in several previous Federal Register Notices, the Commission has anticipated that amendments would be necessary after completion of the DOE test procedure.4 DOE’s recently completed test procedure supersedes the ENERGY STAR procedure and triggers EPCA’s directive for manufacturers to begin using the new procedure 180 days after its issuance.5 To conform the labeling rule to the new DOE test procedure, the Commission proposes three amendments. First, consistent with EPCA’s mandate requiring DOE test procedures for labeling, the Commission plans to remove the Rule’s reference to the ENERGY STAR test in section 305.5 and replace it with the DOE procedure.6 Second, the Commission proposes a new reporting requirement for televisions consistent with requirements for most other labeled products, such as refrigerators and clothes washers.7 3 42 U.S.C. 6294(c). example, the Commission explained in 2011 that ‘‘[w]hen DOE completes its own rulemaking to develop a television test procedure for use in that agency’s efficiency standards program, the Commission will issue conforming amendments consistent with EPCA’s requirements that the labels use information from DOE test procedures when such procedures are available.’’ 76 FR 1038, 1040 (Jan. 6, 2011). See also 78 FR 43974, 43975 (July 23, 2013); 78 FR 1779, 1780 (Jan. 9, 2013). 5 Any energy representation, including those made on a label, for a covered product must fairly reflect the results of a new DOE test procedure 180 days after that test’s issuance. See 42 U.S.C. 6293(c)(2). In its October 25, 2013 Notice, DOE identified April 23, 2014 as the date for revised representations. 6 EPCA gives Commission no discretion to retain the ENERGY STAR procedure. 42 U.S.C. 6294(a)(2)(I). 7 The new DOE test procedure triggers EPCA’s reporting provisions, which require manufacturers to submit energy reports to the Commission derived from DOE test procedures for all new models and annually for models in current production. 42 U.S.C. 6296(b)(1) and (4). Consistent with the Rule’s tkelley on DSK3SPTVN1PROD with PROPOSALS 4 For VerDate Mar<15>2010 17:18 Dec 24, 2013 Jkt 232001 Manufacturers may submit their new television data through the DOE’s webbased reporting tool, the Compliance and Certification Management System (CCMS).8 To ensure that EPCA’s 180day period (i.e., April 23, 2014) is complete before requiring the first round of data reports, the Commission proposes a May 1 date for annual submissions pursuant to the Rule’s reporting schedule (section 305.8). After the Commission reviews the new data, it will consider issuing updated comparability ranges for television labels.9 Finally, the proposed amendments update the definition of ‘‘television’’ in section 305.3 to incorporate DOE’s definition of that term as well as limit labeling coverage to the scope of DOE’s test procedure. For the most part, DOE’s definition of ‘‘television’’ and the coverage of its test procedure are consistent with FTC’s current rule. However, DOE determined not to cover very small models with screen sizes of 15 inches or fewer in its procedure because consumers often do not use such devices as typical televisions.10 III. 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 February 29, 2016 (OMB Control No. 3084 0069). The Commission accounted for the burden of testing and labeling televisions when it first issued the labeling requirements (76 FR 1038 (Jan. 6, 2011)). However, the new DOE test procedure triggers EPCA’s requirement that manufacturers retest their televisions for any energy representations made 180 days after DOE publishes the test, including those on the FTC label. This creates an required reports for other covered products, the content for the television reports in the proposed amendments include brand name; model number; screen size (diagonal in inches); power (in watts) consumed in on mode, standby-passive mode, in standby-active mode, low mode, and off mode; and annual energy consumption (kWh/year) for each basic model in current production. 8 See https://www.regulations.doe.gov/ccms. 9 Section 305.17 contains the television ranges. 10 See 10 CFR 430.2 and App. H, sec. 1; 78 FR at 63825–63826. The proposed amendments also would delete obsolete § 305.17(h), which contains specific labeling directions for televisions of nine inches or fewer. The Commission will consider revisions to the ranges in § 305.17 once data based on the DOE test procedure becomes available. PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 additional, one-time burden. In issuing the television labels, FTC staff estimated that 2,000 basic models exist in the marketplace, that manufacturers test two units per model, and that testing requires one hour per unit tested. Using these estimates, the Commission expects the new testing will require a one-time burden of 4,000 additional hours of burden. Annualized over a 3-year PRA clearance cycle, this one-time burden amounts to 1,333 hours. Assuming further that this testing will be implemented by electrical engineers, and applying an associated hourly wage rate of $44.14 per hour, labor costs for testing would annualized total of $58,839.11 In addition, the amendments would increase the Rule’s reporting requirements. Staff estimates that the average reporting burden for these manufacturers is approximately two minutes per basic model to enter information into DOE’s online database. Based on this estimate, multiplied by an estimated total of 2,000 basic television models, the annual reporting burden for manufacturers is an estimated 67 hours (2 minutes × 2,000 models ÷ 60 minutes per hour). Assuming further that these filing requirements will be implemented by data entry workers at an hourly wage rate of $15.11 per hour, the associated labor cost for recordkeeping would be approximately $1,012 per year.12 Any non-labor costs associated with the amendments are likely to be minimal. IV. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA), 5 U.S.C. 601–612, requires that the Commission provide an Initial Regulatory Flexibility Analysis (IRFA) with a Proposed Rule and a Final Regulatory Flexibility Analysis (FRFA), if any, with the final Rule, unless the Commission certifies that the Rule will not have a significant economic impact on a substantial number of small entities.13 The Commission does not anticipate that the Proposed Rule will have a significant economic impact on a substantial number of small entities. Consistent with past analysis (76 FR at 1049), the Commission estimates that these new requirements will apply to about 30 product manufacturers. Out of these companies, the Commission expects that no manufactures qualify as 11 See Bureau of Labor Statistics, U.S. Department of Labor, Occupational Employment and Wages— May 2012, Table 1 (National employment and wage data from the Occupational Employment Statistics survey by occupation, May 2012), available at: http://www.bls.gov/news.release/ocwage.t01.htm. 12 See id. 13 5 U.S.C. 603–605. E:\FR\FM\26DEP1.SGM 26DEP1 Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Proposed Rules small businesses.14 Furthermore, the Commission does not expect that the requirements specified in the Proposed Rule will have a significant impact on these entities. In addition, the Commission does not expect that the label design and other requirements specified in the Proposed Rule will have a significant economic impact on these entities. Accordingly, this document serves as notice to the Small Business Administration of the FTC’s certification of no effect. To ensure the accuracy of this certification, however, the Commission requests comment on whether the Proposed Rule will have a significant impact on a substantial number of small entities, including specific information on the number of entities that would be covered by the Proposed Rule, the number of these companies that are ‘‘small entities,’’ under the RFA, and the average annual burden for each entity. Although the Commission certifies under the RFA that the Rule proposed in this Notice would not, if promulgated, have a significant impact on a substantial number of small entities, the Commission has determined, nonetheless, that it is appropriate to publish an IRFA in order to inquire into the impact of the Proposed Rule on small entities. Therefore, the Commission has prepared the following analysis: A. Description of the Reasons That Action by the Agency Is Being Taken The Commission is proposing amendments to conform the Rule to a recently published DOE test procedure for televisions. B. Statement of the Objectives of, and Legal Basis for, the Proposed Rule The objective of the Proposed Rule is to provide television energy use information to consumers. EPCA provides the Commission with authority to require energy disclosures for televisions and other consumer electronics. tkelley on DSK3SPTVN1PROD with PROPOSALS C. Small Entities To Which the Proposed Rule Will Apply Under the Small Business Size Standards issued by the Small Business Administration, television manufacturers qualify as small businesses if they have fewer than 1,000 employees (for other household appliances the figure is 500 employees) or if their sales are less than $8.0 14 See also 78 FR at 63838 (DOE’s conclusion that no television manufacturers qualify as small businesses). VerDate Mar<15>2010 17:18 Dec 24, 2013 Jkt 232001 million annually. The Commission estimates that no manufacturers subject to the Proposed Rule qualify as small businesses. The Commission seeks comment and information with regard to the estimated number or nature of small business entities for which the Proposed Rule would have a significant economic impact D. Projected Reporting, Recordkeeping, and Other Compliance Requirements The Commission recognizes that the proposed rule will involve some increased costs related to reporting these products, and maintaining test records. All of these burdens and the skills required to comply are discussed in the previous section of this document, regarding the Paperwork Reduction Act, and there should be no difference in that burden as applied to small businesses. The Commission invites comment and information on these issues. E. Duplicative, Overlapping, or Conflicting Federal Rules The Commission has not identified any other federal statutes, rules, or policies that would duplicate, overlap, or conflict with the Proposed Rule. The Commission invites comment and information on this issue. F. Significant Alternatives to the Proposed Rule The Commission seeks comment and information on the need, if any, for alternative compliance methods that would reduce the economic impact of the Rule on such small entities. As one alternative to reduce burden, the Commission could delay the proposed Rule’s reporting date to provide additional time for small business compliance. If the comments filed in response to this Notice identify small entities that would be affected by the Rule, as well as alternative methods of compliance that would reduce the economic impact of the Rule on such entities, the Commission will consider the feasibility of such alternatives and determine whether they should be incorporated into the final rule. V. Request for Comments You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before February 10, 2014. Write ‘‘Television Labels, Matter No. R611004’’ on your comment. Your comment—including your name and your state—will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission Web site, at http:// PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 78307 www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to remove individuals’ home contact information from comments before placing them on the Commission Web site. Because your comment will be made public, you are solely responsible for making sure that your comment does not include any sensitive personal information, such as anyone’s Social Security number, date of birth, driver’s license number or other state identification number or foreign country equivalent, passport number, financial account number, or credit or debit card number. You are also solely responsible for making sure that your comment does not include any sensitive health information, such as medical records or other individually identifiable health information. In addition, do not include any ‘‘[t]rade secret or any commercial or financial information which is . . . privileged or confidential,’’ as discussed in § 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do not include competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you have to follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c). Your comment will be kept confidential only if the FTC General Counsel, in his or her sole discretion, grants your request in accordance with the law and the public interest. Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at https:// ftcpublic.commentworks.com/ftc/ televisionlabels, by following the instruction on the web-based form. If this Notice appears at http:// www.regulations.gov, you also may file a comment through that Web site. If you file your comment on paper, write ‘‘Television Labels, Matter No. R611004’’ on your comment and on the envelope, and mail or deliver it to the following address: Federal Trade Commission, Office of the Secretary, Room H–113 (Annex F), 600 Pennsylvania Avenue NW., Washington, DC 20580. If possible, submit your paper comment to the Commission by courier or overnight service. E:\FR\FM\26DEP1.SGM 26DEP1 78308 Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Proposed Rules Visit the Commission Web site at http://www.ftc.gov to read this NPRM and the news release describing it. The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding, as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before February 10, 2014. You can find more information, including routine uses permitted by the Privacy Act, in the Commission’s privacy policy, at http://www.ftc.gov/ftc/privacy.htm. Because written comments appear adequate to present the views of all interested parties, the Commission has not scheduled an oral hearing regarding these proposed amendments. Interested parties may request an opportunity to present views orally. If such a request is made, the Commission will publish a document in the Federal Register stating the time and place for such oral presentation(s) and describing the procedures that will be followed. Interested parties who wish to present oral views must submit a hearing request, on or before January 15, 2014, in the form of a written comment that describes the issues on which the party wishes to speak. If there is no oral hearing, the Commission will base its decision on the written rulemaking record. VI. Communications by Outside Parties to the Commissioners or Their Advisors Written communications and summaries or transcripts of oral communications respecting the merits of this proceeding, from any outside party to any Commissioner or Commissioner’s advisor, will be placed on the public record. See 16 CFR 1.26(b)(5). List of Subjects in 16 CFR Part 305 Advertising, Energy conservation, Household appliances, Labeling, reporting and recordkeeping requirements. tkelley on DSK3SPTVN1PROD with PROPOSALS For the reasons set out above, the Commission proposes to amend 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’’) 1. The authority citation for Part 305 continues to read as follows: Authority: 42 U.S.C. 6294. VerDate Mar<15>2010 17:18 Dec 24, 2013 Jkt 232001 § 305.3 Description of covered products. * * * * * (y) Television means a product that is designed to produce dynamic video, contains an internal TV tuner encased within the product housing, and is capable of receiving dynamic visual content from wired or wireless sources including but not limited to: (1) Broadcast and similar services for terrestrial, cable, satellite, and/or broadband transmission of analog and/ or digital signals; and/or (2) Display-specific data connections, such as HDMI, Component video, Svideo, Composite video; and/or (3) Media storage devices such as a USB flash drive, memory card, or a DVD; and/or (4) Network connections, usually using Internet Protocol, typically carried over Ethernet or Wi-Fi. (z) The requirements of this part are limited to those televisions for which the Department of Energy has adopted and published test procedures for measuring energy use. ■ 3. In § 305.5, remove paragraph (d), redesignate paragraph (e) as paragraph (d), and revise newly redesignated paragraph (d) to read as follows: § 305.5 Determinations of estimated annual energy consumption, estimated annual operating cost, and energy efficiency rating, water use rate, and other required disclosure content. * * * * (d) Representations for ceiling fans under § 305.13 and televisions under § 305.17 must be derived from applicable procedures in 10 CFR parts 429, 430, and 431. ■ 4. In § 305.8, revise paragraph (a)(1); redesignate paragraph (a)(3) as paragraph (a)(4); add new paragraph (a)(3), and revise newly redesignated paragraph (a)(4) and paragraph (b)(1) to read as follows: the Commission as required by this section, manufacturers may submit such information to the Department of Energy via the Compliance and Certification Management System (CCMS) at https:// regulations.doe.gov/ccms as provided by 10 CFR 429.12. * * * * * (3) Manufacturers of televisions shall submit annually a report containing the brand name; model number; screen size (diagonal in inches); power (in watts) consumed in on mode, standby-passive mode, in standby-active mode, low mode, and off mode; and annual energy consumption (kWh/year) for each basic model in current production. The report should also include a starting serial number, date code, or other means of identifying the date of manufacture with the first submission for each basic model. In lieu of submitting the required information to the Commission as required by this section, manufacturers may submit such information to the Department of Energy via the Compliance and Certification Management System (CCMS) at https:// regulations.doe.gov/ccms as provided by 10 CFR 429.12. (4) This section does not require reports for general service light-emitting diode (LED or OLED) lamps. (b)(1) All data required by § 305.8(a) except serial numbers shall be submitted to the Commission annually, on or before the following dates: * § 305.8 Proposed Rule Language ■ 2. In § 305.3, revise paragraph (y) and add paragraph (z) to read as follows: ■ Submission of data. (a)(1) Except as provided in paragraphs (a)(2) through (4) of this section, each manufacturer of a covered product subject to the disclosure requirements of this part and subject to Department of Energy certification requirements in 10 CFR part 429 shall submit annually a report for each model in current production containing the same information that must be submitted to the Department of Energy pursuant to 10 CFR part 429 for that product, and that the Department has identified as public information pursuant to 10 CFR part 429. In lieu of submitting the required information to PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 Deadline for data submission Product category Refrigerators ............................... Refrigerators-freezers ................. Freezers ...................................... Central air conditioners .............. Heat pumps ................................ Dishwashers ............................... Water heaters ............................. Room air conditioners ................ Furnaces ..................................... Pool heaters ............................... Clothes washers ......................... Fluorescent lamp ballasts ........... Showerheads .............................. Faucets ....................................... Water closets .............................. Ceiling fans ................................. Urinals ......................................... Metal halide lamp fixtures .......... General service fluorescent lamps. Medium base compact fluorescent lamps. General service incandescent lamps. Televisions .................................. * * § 305.17 ■ * * Aug. 1. Aug. 1. Aug. 1. July 1. July 1. June 1. May 1. July 1. May 1. May 1. Oct. 1. Mar. 1. Mar. 1. Mar. 1. Mar. 1. Mar. 1. Mar. 1. Sept. 1. Mar. 1. Mar. 1. Mar. 1. May 1. * [Amended] 5. In § 305.17, remove paragraph (h). E:\FR\FM\26DEP1.SGM 26DEP1 Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Proposed Rules By direction of the Commission. FOR FURTHER INFORMATION CONTACT: Donald S. Clark, Secretary. [FR Doc. 2013–30633 Filed 12–24–13; 8:45 am] BILLING CODE 6750–01–P LIBRARY OF CONGRESS U.S. Copyright Office 37 CFR Parts 201 and 210 [Docket No. 2012–7] Mechanical and Digital Phonorecord Delivery Compulsory License U.S. Copyright Office, Library of Congress. ACTION: Request for additional comments. AGENCY: The U.S. Copyright Office (‘‘Office’’ or ‘‘Copyright Office’’) of the Library of Congress requests additional public comments on clarifying the terms in the Monthly and Annual Statements of Account for the making and distribution of phonorecords. DATES: Additional comments on the proposed rule published July 27, 2012 (77 FR 44179), must be received in the Office of the General Counsel of the Copyright Office no later than 5 p.m. Eastern Daylight Time (EDT) on January 30, 2014. Reply comments must be received no later than 5 p.m. EDT on February 14, 2014. ADDRESSES: The Copyright Office strongly prefers that comments be submitted electronically. A comment submission page is posted on the Copyright Office Web site at http:// www.copyright.gov/docs/section115/ soa/comments/. The Web site interface requires submitters to complete a form specifying name and other required information, and to upload comments as an attachment. To meet accessibility standards, all comments must be uploaded in a single file in either the Portable Document File (PDF) format that contains searchable, accessible text (not an image); Microsoft Word; WordPerfect; Rich Text Format (RTF); or ASCII text file format (not a scanned document). The maximum file size is 6 megabytes (MB). The name of the submitter and organization should appear on both the form and the face of the comments. All comments will be posted publicly on the Copyright Office Web site exactly as they are received, along with names and organizations if provided. If electronic submission of comments is not feasible, please contact the Copyright Office at (202) 707–8380 for special instructions. tkelley on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 17:18 Dec 24, 2013 Jkt 232001 William Roberts, Senior Counsel to the Register of Copyrights, or Stephen Ruwe, Attorney Advisor, Copyright GC/ I&R, P.O. Box 70400, Washington, DC 20024. Telephone: (202) 707–8380. Telefax: (202) 707–8366. SUPPLEMENTARY INFORMATION: On July 27, 2012, the Copyright Office published a notice of proposed rulemaking (‘‘NPRM’’) and request for comments concerning new regulations that would amend the requirements for reporting Monthly and Annual Statements of Account for the making and distribution of phonorecords under the compulsory license, 17 U.S.C. 115, to bring the regulations up to date to accommodate certain rates and terms proposed by the Copyright Royalty Judges (‘‘Judges’’) that provided for a multi-step process for calculating royalties for certain new services, including limited offerings, mixed service bundles, paid locker services and purchased content locker services. Mechanical and Digital Phonorecord Delivery Compulsory License; Notice of proposed rulemaking, 77 FR 44179, July 27, 2012. The NPRM noted that the existing regulations addressing Statements of Account are designed to address flat penny rates, such as those that are still applicable for the making and distribution of physical phonorecords, permanent digital downloads and ringtones. The Office also observed that the current regulations do not specifically accommodate the more complex methods for calculating the royalties contained in the Judges’ May 17, 2012 proposed rule, announced in the context of the Judges’ royalty rate adjustment proceeding in Docket No. 2011–3 CRB Phonorecords II. See, 77 FR 29259, May 17, 2012. In order to address this concern, the Copyright Office, acting under the authority set forth in 17 U.S.C. 115(c)(5), initiated a rulemaking to amend the Statement of Account provisions. In large part, the proposed regulations incorporate by reference the methodology adopted by the Judges in their 2009 determination, which are mirrored in the regulations adopting new rates and terms for the current licensing period. However, the NPRM identified a number of issues associated with the new rate structure that require careful consideration before adoption. See, 77 FR at 44181–185. In response to joint motions by several parties requesting more time to provide input, the Office decided to extend the comment and reply comment periods. Mechanical and Digital Phonorecord Delivery Compulsory License; Notice of proposed rulemaking: PO 00000 Frm 00025 Fmt 4702 Sfmt 9990 78309 Extension of comment and reply comment periods. 77 FR 55783, Sept. 11, 2012; Mechanical and Digital Phonorecord Delivery Compulsory License; Extension of reply comment periods. 77 FR 68075, Nov. 15, 2012. The Office withheld further action in this rulemaking pending the Judges’ adoption of final rates and terms. On November 13, 2013, the Judges issued final rates and terms for the section 115 license. Adjustment of Determination of Compulsory License Rates for Mechanical and Digital Phonorecord, Final rule. 78 FR 67938, Nov. 13, 2013. The final rates and terms differed from the 2012 proposed rates and terms in certain respects, due in part to actions taken by the Judges. Specifically, the Judges referred material questions of law to the Register of Copyrights concerning their authority to adopt certain terms relating to statements of account. Order Referring Material Questions of Law and Setting Briefing Schedule (March 27, 2013). The Judges also referred novel material questions of substantive law to the Register concerning their authority to adopt certain terms. Order Referring Novel Questions of Law and Setting Briefing Schedule (May 17, 2013). In light of the Register’s timely responses to these referred questions, the Judges declined to adopt certain terms contained in the May 17, 2012 proposed rule. Adjustment of Determination of Compulsory License Rates for Mechanical and Digital Phonorecord. Final rule. 78 FR 67938, Nov. 13, 2013. The Office finds that the conclusion of the recent proceeding and adoption of new rates and terms for the current licensing period may be pertinent to the issues raised in this rulemaking. Likewise, due to the passage of time since the issuance of the NPRM, marketplace developments and changes in business models may be relevant to the amendment of the regulations. Consequently, the Office has decided to extend an opportunity for such additional comments and supporting information. Interested parties are strongly encouraged to offer information and/or documentation to support arguments or conclusions offered in their comments. Any additional comments must be received in the Office of the General Counsel of the Copyright Office no later than January 30, 2014, and reply comments no later than February 14, 2014. Dated: December 17, 2013. Maria A. Pallante, Register of Copyrights. [FR Doc. 2013–30777 Filed 12–24–13; 8:45 am] BILLING CODE 1410–30–P E:\FR\FM\26DEP1.SGM 26DEP1

Agencies

[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Proposed Rules]
[Pages 78305-78309]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30633]


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FEDERAL TRADE COMMISSION

16 CFR Part 305

[3084-AB15]


Energy and Water Use Labeling for Consumer Products Under the 
Energy Policy and Conservation Act (``Energy Labeling Rule'')

AGENCY: Federal Trade Commission (FTC or Commission).

ACTION: Proposed rule.

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SUMMARY: The Commission proposes conforming amendments to the Energy 
Labeling Rule (``Rule'') to require a new Department of Energy (DOE) 
test procedure for televisions and establish data reporting 
requirements for those products.

DATES: Comments must be received by February 10, 2014.

ADDRESSES: Interested parties may file a comment online or on paper by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Television Labels, 
Matter No. R611004'' on your comment, and file your comment online at 
https://ftcpublic.commentworks.com/ftc/televisionlabels by following 
the instructions on the web-based form. If you prefer to file your 
comment on paper, mail or deliver your comment to the following 
address: Federal Trade Commission, Office of the Secretary, Room H-113 
(Annex F), 600 Pennsylvania Avenue NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326-2889, 
Attorney, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, Room M-8102B, 600 Pennsylvania Avenue NW., 
Washington, DC 20580.

SUPPLEMENTARY INFORMATION:

I. Background

    The Commission's Energy Labeling Rule (Rule) (16 CFR Part 305), 
issued pursuant to the Energy Policy and Conservation Act (EPCA), 
requires energy labeling for major household appliances and other 
consumer products to help consumers compare competing models. When 
first published in 1979, the Rule applied to eight product categories: 
Refrigerators, refrigerator-freezers, freezers, dishwashers, water 
heaters, clothes washers, room air conditioners, and furnaces. The 
Commission has since expanded the Rule's coverage to include central 
air conditioners, heat pumps, plumbing products, lighting products, 
ceiling fans, certain types of water heaters, and televisions.
    The Rule requires manufacturers to attach yellow EnergyGuide labels 
on many of these products, and prohibits retailers from removing the 
labels or rendering them illegible. In addition, the Rule directs 
sellers, including retailers, to post label information on Web sites 
and in paper catalogs from which consumers can order products. 
EnergyGuide labels for covered appliances must contain three key 
disclosures: Estimated annual energy cost (for most products); a 
product's energy consumption or energy efficiency rating as determined 
from Department of Energy (DOE) test procedures; and a comparability 
range displaying the highest and lowest energy costs or efficiency 
ratings for all similar models.\1\ For energy cost calculations, the 
Rule specifies national average costs for applicable energy sources 
(e.g., electricity, natural gas, oil) as calculated by DOE. The Rule 
sets a five-year schedule for updating range of comparability and 
average unit energy cost information.\2\ The Commission updates the 
range information based on manufacturer data submitted pursuant to the 
Rule's reporting requirements.
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    \1\ Where no ``applicable'' DOE test exists for televisions, 
EPCA authorizes the Commission to use ``adequate non-Department of 
Energy test procedures'' to obtain information for energy 
disclosures. 42 U.S.C. 6294(a)(2)(I)(ii). During FTC's television 
labeling proceeding, DOE announced plans to develop a new test 
procedure. 74 FR 53640, 53641 (Oct. 20, 2009).
    \2\ 16 CFR 305.10.

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[[Page 78306]]

II. Proposed Amendments

    The Commission now proposes conforming amendments to revise the 
Rule's television testing and reporting requirements in response to a 
new DOE television test procedure published on October 25, 2013 (78 FR 
63823). These amendments will ensure the Rule's television labeling 
requirements are consistent with EPCA, which mandates that FTC labels 
reflect applicable DOE test procedures when available.\3\
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    \3\ 42 U.S.C. 6294(c).
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    When the Commission first issued labeling requirements for 
televisions in 2011 (76 FR 1038 (Jan. 6, 2011)), no DOE test procedure 
existed for such products. Accordingly, the FTC required manufacturers 
to use the Environmental Protection Agency's (EPA's) ENERGY STAR test 
procedure to measure television energy use. However, as discussed in 
several previous Federal Register Notices, the Commission has 
anticipated that amendments would be necessary after completion of the 
DOE test procedure.\4\ DOE's recently completed test procedure 
supersedes the ENERGY STAR procedure and triggers EPCA's directive for 
manufacturers to begin using the new procedure 180 days after its 
issuance.\5\
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    \4\ For example, the Commission explained in 2011 that ``[w]hen 
DOE completes its own rulemaking to develop a television test 
procedure for use in that agency's efficiency standards program, the 
Commission will issue conforming amendments consistent with EPCA's 
requirements that the labels use information from DOE test 
procedures when such procedures are available.'' 76 FR 1038, 1040 
(Jan. 6, 2011). See also 78 FR 43974, 43975 (July 23, 2013); 78 FR 
1779, 1780 (Jan. 9, 2013).
    \5\ Any energy representation, including those made on a label, 
for a covered product must fairly reflect the results of a new DOE 
test procedure 180 days after that test's issuance. See 42 U.S.C. 
6293(c)(2). In its October 25, 2013 Notice, DOE identified April 23, 
2014 as the date for revised representations.
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    To conform the labeling rule to the new DOE test procedure, the 
Commission proposes three amendments. First, consistent with EPCA's 
mandate requiring DOE test procedures for labeling, the Commission 
plans to remove the Rule's reference to the ENERGY STAR test in section 
305.5 and replace it with the DOE procedure.\6\ Second, the Commission 
proposes a new reporting requirement for televisions consistent with 
requirements for most other labeled products, such as refrigerators and 
clothes washers.\7\ Manufacturers may submit their new television data 
through the DOE's web-based reporting tool, the Compliance and 
Certification Management System (CCMS).\8\ To ensure that EPCA's 180-
day period (i.e., April 23, 2014) is complete before requiring the 
first round of data reports, the Commission proposes a May 1 date for 
annual submissions pursuant to the Rule's reporting schedule (section 
305.8). After the Commission reviews the new data, it will consider 
issuing updated comparability ranges for television labels.\9\ Finally, 
the proposed amendments update the definition of ``television'' in 
section 305.3 to incorporate DOE's definition of that term as well as 
limit labeling coverage to the scope of DOE's test procedure. For the 
most part, DOE's definition of ``television'' and the coverage of its 
test procedure are consistent with FTC's current rule. However, DOE 
determined not to cover very small models with screen sizes of 15 
inches or fewer in its procedure because consumers often do not use 
such devices as typical televisions.\10\
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    \6\ EPCA gives Commission no discretion to retain the ENERGY 
STAR procedure. 42 U.S.C. 6294(a)(2)(I).
    \7\ The new DOE test procedure triggers EPCA's reporting 
provisions, which require manufacturers to submit energy reports to 
the Commission derived from DOE test procedures for all new models 
and annually for models in current production. 42 U.S.C. 6296(b)(1) 
and (4). Consistent with the Rule's required reports for other 
covered products, the content for the television reports in the 
proposed amendments include brand name; model number; screen size 
(diagonal in inches); power (in watts) consumed in on mode, standby-
passive mode, in standby-active mode, low mode, and off mode; and 
annual energy consumption (kWh/year) for each basic model in current 
production.
    \8\ See https://www.regulations.doe.gov/ccms.
    \9\ Section 305.17 contains the television ranges.
    \10\ See 10 CFR 430.2 and App. H, sec. 1; 78 FR at 63825-63826. 
The proposed amendments also would delete obsolete Sec.  305.17(h), 
which contains specific labeling directions for televisions of nine 
inches or fewer. The Commission will consider revisions to the 
ranges in Sec.  305.17 once data based on the DOE test procedure 
becomes available.
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III. 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 February 
29, 2016 (OMB Control No. 3084 0069). The Commission accounted for the 
burden of testing and labeling televisions when it first issued the 
labeling requirements (76 FR 1038 (Jan. 6, 2011)). However, the new DOE 
test procedure triggers EPCA's requirement that manufacturers retest 
their televisions for any energy representations made 180 days after 
DOE publishes the test, including those on the FTC label. This creates 
an additional, one-time burden. In issuing the television labels, FTC 
staff estimated that 2,000 basic models exist in the marketplace, that 
manufacturers test two units per model, and that testing requires one 
hour per unit tested. Using these estimates, the Commission expects the 
new testing will require a one-time burden of 4,000 additional hours of 
burden. Annualized over a 3-year PRA clearance cycle, this one-time 
burden amounts to 1,333 hours. Assuming further that this testing will 
be implemented by electrical engineers, and applying an associated 
hourly wage rate of $44.14 per hour, labor costs for testing would 
annualized total of $58,839.\11\ In addition, the amendments would 
increase the Rule's reporting requirements. Staff estimates that the 
average reporting burden for these manufacturers is approximately two 
minutes per basic model to enter information into DOE's online 
database. Based on this estimate, multiplied by an estimated total of 
2,000 basic television models, the annual reporting burden for 
manufacturers is an estimated 67 hours (2 minutes x 2,000 models / 60 
minutes per hour). Assuming further that these filing requirements will 
be implemented by data entry workers at an hourly wage rate of $15.11 
per hour, the associated labor cost for recordkeeping would be 
approximately $1,012 per year.\12\ Any non-labor costs associated with 
the amendments are likely to be minimal.
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    \11\ See Bureau of Labor Statistics, U.S. Department of Labor, 
Occupational Employment and Wages--May 2012, Table 1 (National 
employment and wage data from the Occupational Employment Statistics 
survey by occupation, May 2012), available at: http://www.bls.gov/news.release/ocwage.t01.htm.
    \12\ See id.
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IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, requires 
that the Commission provide an Initial Regulatory Flexibility Analysis 
(IRFA) with a Proposed Rule and a Final Regulatory Flexibility Analysis 
(FRFA), if any, with the final Rule, unless the Commission certifies 
that the Rule will not have a significant economic impact on a 
substantial number of small entities.\13\
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    \13\ 5 U.S.C. 603-605.
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    The Commission does not anticipate that the Proposed Rule will have 
a significant economic impact on a substantial number of small 
entities. Consistent with past analysis (76 FR at 1049), the Commission 
estimates that these new requirements will apply to about 30 product 
manufacturers. Out of these companies, the Commission expects that no 
manufactures qualify as

[[Page 78307]]

small businesses.\14\ Furthermore, the Commission does not expect that 
the requirements specified in the Proposed Rule will have a significant 
impact on these entities. In addition, the Commission does not expect 
that the label design and other requirements specified in the Proposed 
Rule will have a significant economic impact on these entities.
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    \14\ See also 78 FR at 63838 (DOE's conclusion that no 
television manufacturers qualify as small businesses).
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    Accordingly, this document serves as notice to the Small Business 
Administration of the FTC's certification of no effect. To ensure the 
accuracy of this certification, however, the Commission requests 
comment on whether the Proposed Rule will have a significant impact on 
a substantial number of small entities, including specific information 
on the number of entities that would be covered by the Proposed Rule, 
the number of these companies that are ``small entities,'' under the 
RFA, and the average annual burden for each entity. Although the 
Commission certifies under the RFA that the Rule proposed in this 
Notice would not, if promulgated, have a significant impact on a 
substantial number of small entities, the Commission has determined, 
nonetheless, that it is appropriate to publish an IRFA in order to 
inquire into the impact of the Proposed Rule on small entities. 
Therefore, the Commission has prepared the following analysis:

A. Description of the Reasons That Action by the Agency Is Being Taken

    The Commission is proposing amendments to conform the Rule to a 
recently published DOE test procedure for televisions.

B. Statement of the Objectives of, and Legal Basis for, the Proposed 
Rule

    The objective of the Proposed Rule is to provide television energy 
use information to consumers. EPCA provides the Commission with 
authority to require energy disclosures for televisions and other 
consumer electronics.

C. Small Entities To Which the Proposed Rule Will Apply

    Under the Small Business Size Standards issued by the Small 
Business Administration, television manufacturers qualify as small 
businesses if they have fewer than 1,000 employees (for other household 
appliances the figure is 500 employees) or if their sales are less than 
$8.0 million annually. The Commission estimates that no manufacturers 
subject to the Proposed Rule qualify as small businesses. The 
Commission seeks comment and information with regard to the estimated 
number or nature of small business entities for which the Proposed Rule 
would have a significant economic impact

D. Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    The Commission recognizes that the proposed rule will involve some 
increased costs related to reporting these products, and maintaining 
test records. All of these burdens and the skills required to comply 
are discussed in the previous section of this document, regarding the 
Paperwork Reduction Act, and there should be no difference in that 
burden as applied to small businesses. The Commission invites comment 
and information on these issues.

E. Duplicative, Overlapping, or Conflicting Federal Rules

    The Commission has not identified any other federal statutes, 
rules, or policies that would duplicate, overlap, or conflict with the 
Proposed Rule. The Commission invites comment and information on this 
issue.

F. Significant Alternatives to the Proposed Rule

    The Commission seeks comment and information on the need, if any, 
for alternative compliance methods that would reduce the economic 
impact of the Rule on such small entities. As one alternative to reduce 
burden, the Commission could delay the proposed Rule's reporting date 
to provide additional time for small business compliance. If the 
comments filed in response to this Notice identify small entities that 
would be affected by the Rule, as well as alternative methods of 
compliance that would reduce the economic impact of the Rule on such 
entities, the Commission will consider the feasibility of such 
alternatives and determine whether they should be incorporated into the 
final rule.

V. Request for Comments

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before February 10, 
2014. Write ``Television Labels, Matter No. R611004'' on your comment. 
Your comment--including your name and your state--will be placed on the 
public record of this proceeding, including, to the extent practicable, 
on the public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to 
remove individuals' home contact information from comments before 
placing them on the Commission Web site.
    Because your comment will be made public, you are solely 
responsible for making sure that your comment does not include any 
sensitive personal information, such as anyone's Social Security 
number, date of birth, driver's license number or other state 
identification number or foreign country equivalent, passport number, 
financial account number, or credit or debit card number. You are also 
solely responsible for making sure that your comment does not include 
any sensitive health information, such as medical records or other 
individually identifiable health information. In addition, do not 
include any ``[t]rade secret or any commercial or financial information 
which is . . . privileged or confidential,'' as discussed in Sec.  6(f) 
of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 
4.10(a)(2). In particular, do not include competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns, devices, manufacturing processes, or customer names.
    If you want the Commission to give your comment confidential 
treatment, you must file it in paper form, with a request for 
confidential treatment, and you have to follow the procedure explained 
in FTC Rule 4.9(c), 16 CFR 4.9(c). Your comment will be kept 
confidential only if the FTC General Counsel, in his or her sole 
discretion, grants your request in accordance with the law and the 
public interest.
    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/televisionlabels, by following the instruction on the web-based 
form. If this Notice appears at http://www.regulations.gov, you also 
may file a comment through that Web site.
    If you file your comment on paper, write ``Television Labels, 
Matter No. R611004'' on your comment and on the envelope, and mail or 
deliver it to the following address: Federal Trade Commission, Office 
of the Secretary, Room H-113 (Annex F), 600 Pennsylvania Avenue NW., 
Washington, DC 20580. If possible, submit your paper comment to the 
Commission by courier or overnight service.

[[Page 78308]]

    Visit the Commission Web site at http://www.ftc.gov to read this 
NPRM and the news release describing it. The FTC Act and other laws 
that the Commission administers permit the collection of public 
comments to consider and use in this proceeding, as appropriate. The 
Commission will consider all timely and responsive public comments that 
it receives on or before February 10, 2014. You can find more 
information, including routine uses permitted by the Privacy Act, in 
the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.
    Because written comments appear adequate to present the views of 
all interested parties, the Commission has not scheduled an oral 
hearing regarding these proposed amendments. Interested parties may 
request an opportunity to present views orally. If such a request is 
made, the Commission will publish a document in the Federal Register 
stating the time and place for such oral presentation(s) and describing 
the procedures that will be followed. Interested parties who wish to 
present oral views must submit a hearing request, on or before January 
15, 2014, in the form of a written comment that describes the issues on 
which the party wishes to speak. If there is no oral hearing, the 
Commission will base its decision on the written rulemaking record.

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

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

List of Subjects in 16 CFR Part 305

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

Proposed Rule Language

    For the reasons set out above, the Commission proposes to amend 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.  305.3, revise paragraph (y) and add paragraph (z) to read 
as follows:


Sec.  305.3  Description of covered products.

* * * * *
    (y) Television means a product that is designed to produce dynamic 
video, contains an internal TV tuner encased within the product 
housing, and is capable of receiving dynamic visual content from wired 
or wireless sources including but not limited to:
    (1) Broadcast and similar services for terrestrial, cable, 
satellite, and/or broadband transmission of analog and/or digital 
signals; and/or
    (2) Display-specific data connections, such as HDMI, Component 
video, Svideo, Composite video; and/or
    (3) Media storage devices such as a USB flash drive, memory card, 
or a DVD; and/or
    (4) Network connections, usually using Internet Protocol, typically 
carried over Ethernet or Wi-Fi.
    (z) The requirements of this part are limited to those televisions 
for which the Department of Energy has adopted and published test 
procedures for measuring energy use.
0
3. In Sec.  305.5, remove paragraph (d), redesignate paragraph (e) as 
paragraph (d), and revise newly redesignated paragraph (d) to read as 
follows:


Sec.  305.5  Determinations of estimated annual energy consumption, 
estimated annual operating cost, and energy efficiency rating, water 
use rate, and other required disclosure content.

* * * * *
    (d) Representations for ceiling fans under Sec.  305.13 and 
televisions under Sec.  305.17 must be derived from applicable 
procedures in 10 CFR parts 429, 430, and 431.
0
4. In Sec.  305.8, revise paragraph (a)(1); redesignate paragraph 
(a)(3) as paragraph (a)(4); add new paragraph (a)(3), and revise newly 
redesignated paragraph (a)(4) and paragraph (b)(1) to read as follows:


Sec.  305.8  Submission of data.

    (a)(1) Except as provided in paragraphs (a)(2) through (4) of this 
section, each manufacturer of a covered product subject to the 
disclosure requirements of this part and subject to Department of 
Energy certification requirements in 10 CFR part 429 shall submit 
annually a report for each model in current production containing the 
same information that must be submitted to the Department of Energy 
pursuant to 10 CFR part 429 for that product, and that the Department 
has identified as public information pursuant to 10 CFR part 429. In 
lieu of submitting the required information to the Commission as 
required by this section, manufacturers may submit such information to 
the Department of Energy via the Compliance and Certification 
Management System (CCMS) at https://regulations.doe.gov/ccms as 
provided by 10 CFR 429.12.
* * * * *
    (3) Manufacturers of televisions shall submit annually a report 
containing the brand name; model number; screen size (diagonal in 
inches); power (in watts) consumed in on mode, standby-passive mode, in 
standby-active mode, low mode, and off mode; and annual energy 
consumption (kWh/year) for each basic model in current production. The 
report should also include a starting serial number, date code, or 
other means of identifying the date of manufacture with the first 
submission for each basic model. In lieu of submitting the required 
information to the Commission as required by this section, 
manufacturers may submit such information to the Department of Energy 
via the Compliance and Certification Management System (CCMS) at 
https://regulations.doe.gov/ccms as provided by 10 CFR 429.12.
    (4) This section does not require reports for general service 
light-emitting diode (LED or OLED) lamps.
    (b)(1) All data required by Sec.  305.8(a) except serial numbers 
shall be submitted to the Commission annually, on or before the 
following dates:

------------------------------------------------------------------------
                                                  Deadline  for data
              Product category                        submission
------------------------------------------------------------------------
Refrigerators..............................  Aug. 1.
Refrigerators-freezers.....................  Aug. 1.
Freezers...................................  Aug. 1.
Central air conditioners...................  July 1.
Heat pumps.................................  July 1.
Dishwashers................................  June 1.
Water heaters..............................  May 1.
Room air conditioners......................  July 1.
Furnaces...................................  May 1.
Pool heaters...............................  May 1.
Clothes washers............................  Oct. 1.
Fluorescent lamp ballasts..................  Mar. 1.
Showerheads................................  Mar. 1.
Faucets....................................  Mar. 1.
Water closets..............................  Mar. 1.
Ceiling fans...............................  Mar. 1.
Urinals....................................  Mar. 1.
Metal halide lamp fixtures.................  Sept. 1.
General service fluorescent lamps..........  Mar. 1.
Medium base compact fluorescent lamps......  Mar. 1.
General service incandescent lamps.........  Mar. 1.
Televisions................................  May 1.
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* * * * *


Sec.  305.17  [Amended]

0
5. In Sec.  305.17, remove paragraph (h).


[[Page 78309]]


    By direction of the Commission.

Donald S. Clark,
Secretary.
[FR Doc. 2013-30633 Filed 12-24-13; 8:45 am]
BILLING CODE 6750-01-P