Energy Labeling Rule, 29533-29541 [2021-11498]
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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules
Issued in Washington, DC, on May 25,
2021.
George Gonzalez,
Acting Manager, Rules and Regulations
Group.
[FR Doc. 2021–11422 Filed 6–1–21; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Part 305
[3084–AB15]
Energy Labeling Rule
Federal Trade Commission.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
proposes updates to comparability
ranges and sample labels for central air
conditioners in the Energy Labeling
Rule (‘‘Rule’’).
DATES: Comments must be received on
or before August 2, 2021.
ADDRESSES: Interested parties may file a
comment online or on paper, by
following the instructions in the
Comment Submissions part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘CAC Range Updates (16
CFR part 305) (Matter No. R611004)’’ on
your comment, and file it online at
https://www.regulations.gov, by
following the instructions on the webbased form. If you prefer to file your
comment on paper, mail it to: Federal
Trade Commission, Office of the
Secretary, Suite CC–5610 (Annex J), 600
Pennsylvania Avenue NW, Washington,
DC 20580; or deliver your comment to:
Federal Trade Commission, Office of the
Secretary, Constitution Center, 400 7th
Street SW, 5th Floor, Suite 5610 (Annex
J), Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Hampton Newsome (202–326–2889),
Attorney, Division of Enforcement,
Bureau of Consumer Protection, Federal
Trade Commission, 600 Pennsylvania
Avenue NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Energy Labeling Rule
The Commission issued the Energy
Labeling Rule (‘‘Rule’’) in 1979,1
pursuant to the Energy Policy and
Conservation Act of 1975 (‘‘EPCA’’).2
The Rule requires energy labeling for
1 44
FR 66466 (Nov. 19, 1979).
U.S.C. 6294. EPCA also requires the
Department of Energy (‘‘DOE’’) to develop test
procedures that measure how much energy
appliances use, and to determine the representative
average cost a consumer pays for different types of
energy.
2 42
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major home appliances and other
consumer products to help consumers
compare the energy usage and costs of
competing models. It also contains
labeling requirements for refrigerators,
refrigerator-freezers, freezers,
dishwashers, water heaters, clothes
washers, room and portable air
conditioners, furnaces, central air
conditioners, heat pumps, plumbing
products, lighting products, ceiling fans,
and televisions.
The Rule requires manufacturers to
attach yellow EnergyGuide labels to
many of the covered products and
prohibits retailers from removing these
labels or rendering them illegible. In
addition, it directs sellers, including
retailers, to post label information on
websites and in paper catalogs from
which consumers can order products.
EnergyGuide labels for most covered
products contain three main
disclosures: Estimated annual energy
cost, a product’s energy consumption or
energy efficiency rating as determined
by Department of Energy (‘‘DOE’’) test
procedures, and a comparability range
displaying the highest and lowest
energy costs or efficiency ratings for all
similar models. Under the Rule, the
Commission periodically updates
comparability range and annual energy
cost information based on manufacturer
data submitted pursuant to the Rule’s
reporting requirements.3
II. Proposed Updated Ranges for
Central Air Conditioners
The Commission proposes to update
the comparability ranges for central air
conditioners to ensure manufacturers
have information available for the
upcoming transition to new efficiency
descriptors required by DOE. On
February 12, 2021 (86 FR 9274), the
Commission published conforming Rule
amendments reflecting new DOE
efficiency descriptors on central air
conditioner labels to ensure the Rule’s
consistency with DOE requirements,
which become effective on January 1,
2023.4 In the February Rule, the
Commission stated it would update
ranges in appendices H and I, and the
sample labels in appendix L, once new
efficiency numbers became available.
The Commission now proposes to
amend the range tables (appendices H
and I) and sample labels in the Rule
(appendix L) using new information
from the Air-Conditioning, Heating, &
3 16
CFR 305.10.
2017, DOE announced changes to the rating
methods and associated efficiency descriptors for
central air conditioners (e.g., from ‘‘Seasonal Energy
Efficiency Ratio (SEER)’’ to ‘‘Seasonal Energy
Efficiency Ratio 2 (SEER2)’’). 82 FR 1786 (Jan. 6,
2017); and 82 FR 24211 (May 26, 2017).
4 In
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29533
Refrigeration Institute (AHRI) and DOE
staff input.5 As the Commission stated
in its February 2021 Rule (86 FR at
9279), manufacturers may begin using
the new range information prior to
January 1, 2023, in a manner consistent
with DOE guidance once the FTC issues
the final updates to appendices H and
I.
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 December 31, 2022 (OMB
Control No. 3084–0069). The proposed
amendments do not change the
substance or frequency of the
recordkeeping, disclosure, or reporting
requirements and, therefore, do not
require further OMB clearance.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act
(‘‘RFA’’), 5 U.S.C. 601–612, requires that
the Commission conduct an analysis of
the anticipated economic impact of the
proposed amendment on small entities.
The RFA requires that the Commission
provide an Initial Regulatory Flexibility
Analysis (‘‘IRFA’’) with a proposed rule
unless the Commission certifies that the
rule will not have a significant
economic impact on a substantial
number of small entities. 5 U.S.C. 605.
As explained elsewhere in this
document, the proposed amendments
merely update the Rule’s appendices to
include revised comparability ranges
and sample labels for central air
conditioners based on more recent data.
The proposed amendments do not
significantly change the substance or
frequency of the recordkeeping,
disclosure, or reporting requirements.
Thus, the amendments will not have a
‘‘significant economic impact on a
substantial number of small entities.’’ 5
U.S.C. 605. The Commission has
concluded, therefore, that a regulatory
flexibility analysis is not necessary, and
certifies, under Section 605 of the RFA
(5 U.S.C. 605(b)), that the proposed
amendments will not have a significant
economic impact on a substantial
number of small entities.
5 AHRI is a trade association representing central
air conditioner manufacturers.
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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules
V. 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).
VI. Comment Submissions
You can file a comment online or on
paper. For the FTC to consider your
comment, we must receive it on or
before August 2, 2021. Write ‘‘CAC
Range Updates (16 CFR part 305)
(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 https://
www.regulations.gov website.
Because of the public health
emergency in response to the COVID–19
outbreak and the agency’s heightened
security screening, postal mail
addressed to the Commission will be
subject to delay. We strongly encourage
you to submit your comment online
through the https://www.regulations.gov
website. To ensure the Commission
considers your online comment, please
follow the instructions on the webbased form.
If you file your comment on paper,
write ‘‘CAC Range Updates (16 CFR part
305) (Matter No. R611004)’’ on your
comment and on the envelope, and mail
your comment to the following address:
Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
NW, Suite CC–5610 (Annex J),
Washington, DC 20580, or deliver your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, Constitution Center, 400 7th
Street SW, 5th Floor, Suite 5610 (Annex
J), Washington, DC 20024. If possible,
please submit your paper comment to
the Commission by courier or overnight
service.
Because your comment will be placed
on the publicly accessible website at
https://www.regulations.gov, you are
solely responsible for making sure that
your comment does not include any
sensitive or confidential information. In
particular, your comment should not
include any sensitive personal
information, such as your or anyone
else’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 your
comment does not include any sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, your comment should not
include any ‘‘[t]rade secret or any
commercial or financial information
which . . . is privileged or
confidential’’—as provided in Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—
including in particular competitively
sensitive information such as costs,
sales statistics, inventories, formulas,
patterns, devices, manufacturing
processes, or customer names.
Comments containing material for
which confidential treatment is
requested must be filed in paper form,
must be clearly labeled ‘‘Confidential,’’
and must comply with FTC Rule
§ 4.9(c). In particular, the written
request for confidential treatment that
accompanies the comment must include
the factual and legal basis for the
request, and must identify the specific
portions of the comment to be withheld
from the public record. See FTC Rule
§ 4.9(c). Your comment will be kept
confidential only if the General Counsel
grants your request in accordance with
the law and the public interest. Once
your comment has been posted publicly
at www.regulations.gov, we cannot
redact or remove it unless you submit a
confidentiality request that meets the
requirements for such treatment under
FTC Rule § 4.9(c), and the General
Counsel grants that request.
The FTC Act and other laws 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 it receives on or before
August 2, 2021. For information on the
Commission’s privacy policy, including
routine uses permitted by the Privacy
Act, see https://www.ftc.gov/siteinformation/privacy-policy.
VII. Other Matters
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), the Office of
Information and Regulatory Affairs
designated this rule as not a ‘‘major
rule,’’ as defined by 5 U.S.C. 804(2).
Proposed Rule Language
List of Subjects in 16 CFR Part 305
Advertising, Energy conservation,
Household appliances, Labeling,
Reporting and recordkeeping
requirements.
For the reasons stated above, the
Commission proposes to amend part
305 of title 16 of the Code of Federal
Regulations 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.
2. Revise appendix H to part 305 to
read as follows:
■
Appendix H to Part 305—Cooling
Performance for Central Air
Conditioners
Range of SEER2’s
Manufacturer’s rated cooling capacity
(btu’s/hr)
Low
High
Single Package Units
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Central Air Conditioners (Cooling Only): All capacities ...........................................................................................
Heat Pumps (Cooling Function): All capacities .......................................................................................................
13.4
13.4
19
19
13.4
27
13.8
14.3
12
27
42
15
Split System Units
Central Air Conditioner models allowed only in northern states (listed in § 305.20(g)(13)) (Cooling Only): All capacities .................................................................................................................................................................
Central Air Conditioner models allowed in all states (Cooling Only):
All capacities .....................................................................................................................................................
Heat Pumps (Cooling Function): All capacities ................................................................................................
Small-duct, high-velocity Systems ...........................................................................................................................
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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules
Range of SEER2’s
Manufacturer’s rated cooling capacity
(btu’s/hr)
Low
High
Space-Constrained Products
Central Air Conditioners (Cooling Only): All capacities ...........................................................................................
Heat Pumps (Cooling Function): All capacities .......................................................................................................
3. Revise appendix I to part 305 to
read as follows:
■
11.7
11.9
13.7
13.8
Appendix I to Part 305—Heating
Performance and Cost for Central Air
Conditioners
Range of HSPF2’s
Manufacturer’s rated heating capacity
(btu’s/hr.)
Low
High
Single Package Units
Heat Pumps (Heating Function): All capacities .......................................................................................................
6.7
8.4
7.5
6.1
14.6
7.5
6.3
6.5
Split System Units
Heat Pumps (Heating Function): All capacities .......................................................................................................
Small-duct, high-velocity Systems ...........................................................................................................................
Space-Constrained Products
Heat Pumps (Heating Function): All capacities .......................................................................................................
4. Amend appendix L to part 305 by
revising Prototype Label 3, Prototype
■
Label 4, Sample Label 7, and Sample
Label 8 to read as follows:
Appendix L to Part 305—Sample Labels
*
*
*
*
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29536
Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules
----1•
10 pt.
Arial Narrow
U.S. Government
Federal law prohibits removal of this label before consumer purchase.
XYZ Corporation
ModelNH65
Capacity: 59,000Btu/h
10/12----4~ CentralAirConditioner
Anal Narrow Bold
Cooling Only
Single Package
-illl---
9 pt.
Arial Narrow
......_ _ 10/12
Arial Narrow Bold
·r-------------,
1 pt. r u l e - - - - 4 -. .
19
Arial Narrow Bold
pl.----4--1~ Efficiency Rating ( S E E R 2 ) * - 4 ' - - - - - - - + - - - - 12p1.
38 pt.Arial
Bold----+--1►14 ■
Arial Narrow Bold
4
12 pt. triangle
:W'
3 pt. rule
2 pt. rule
d;
1
,...
10 pt Arial Narrow Bold ----+--I►
22_3
Most Efflclent
8/9.6Arial Narrow ----+---1► Least Efficient
11 pt. Arial Narrow
Range of Similar Models
8112 Arial Narrow
• Seasonal Energy Efficiency Ratio 2
For energy cost info, visit ◄H----12114
f
Arial Narrow
productin o.energy.gov
----+--+---.
18 pt. Arial Narrow Bold----+--1►
Notice
Federal law allows this unit to be installed only in:
14116.BArial Narrow
bold where indicated
Mll----+-1►~~~~~~~~~
Arial Narrow
HI, ID, IL, IA, IN, KS, KY, LA, MA, ME,
MD, Ml, MN, MO, MS, MT, NC, ND,
NE, NH, NJ, NY, OH, OK, OR, PA, RI,
SC, SD, TN, TX, UT, VA, VT, WA, WV,
WI, WY, and U.S. territories.
B Installation allowed
11 pt.Arial Narrow ----+---► Federal law prohibits installation of this unit in other states.
10 P'-----1-.Arial Narrow Bold
Energy Efficiency Ratio 2 (EER2): Thisunrt"sEER2 is 10.5. ◄I---------+---- 8 pt.
Arial Narrow
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Prototype Label 3 - Single-Package Central Air Conditioner
Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules
10 pt---► U.S. Government
Federal law prohibits removal of this label before consumer purchase.
Arial Narrow
10/12---1• Heat Pump
Arial Narrow Bold
-4111---
9 pt.
Arial Narrow
XYZCmporatlon --1----10/12
Model 6645
Arial Narrow Bold
Heating Capacity 26,000 Btu/h
Cooling Capacity 25,000 Btu/11
Cooling and Heating
Split System
1 pl rule•----1--a►
29537
Cooling
·A19na!2f2Na-rrow-Bo-l_d~~-► Efficiency Rating (SEER2)* - 4 - - - - - - - - + - - - 1 2 p t .
14.3-16.0
1
~ Bold
7 pt. triangle
2pt. rule
Arial NarrowBold
W
..
, _ _..__ _ _ _ _ _ __
iOptArial Narrow Bold
14.3
Least Efficient
8/9.6 Arial Narrow
11 pt. Arial Narrow
8/12 Arial Narrow
42.0
P,lost Efficient
Range of Similar Models
• Seasonal Eneigy Ellicie!tcY Ratio2
Heating
Efficiency Rating (HSPF2)*
...-,, This system's
efficiency ratings depend
on the coil your contractor
installs with this unit The
heating efficiency rating
varies slighUy in different
geographic regions. Ask
your contractor for detail!!;
--I---- 12/14
Arial Narrow
8.6-10.0
r--.'
7.5
14.6
leao!Efficienl
MostEfficient
Forenergy cosfirifu, visit ◄t-1---- 12114
productinfo.energy.gov
Arial Narrow
Range of Similar Models
• Heating Seasonal Pellormanca Facfur 2.
Prototype Label 4 - Split-system Heat Pump
*
*
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*
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*
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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules
U.S. Government
Federal law prohibits removal of this label before consumer purchase.
Central Air Conditioner
Cooling Only
Split System
XYZ Corporation
Model NH65
Efficiency Rating (SEER2)*
14.1
~
For energy cost info, visit
productinfo.energy.gov
27.0
13.4
Least Efficient
• Your air conditioner's efficiency
rating may be better depending on
the coil your contractor installs.
Most Efficient
Range of Similar Models
• Seasonal Energy Efficiency Ratio 2
Notice
Federal law allows this unit to be installed only in:
AK, CO, CT, ID, IL, IA, IN, KS, MA,
ME, Ml, MN, MO, MT, ND, NE, NH
NJ, NY, OH, OR, PA, RI, SD, UT, VT
WA, WV, WI, WY, and U.S. territories.
II Installation allowed
Federal law prohibits installation of this unit in other states.
Energy Efficiency Ratio 2 (EER2): This unit's EER2 is 11.6.
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Sample Label 7 - Split-system Central Air Conditioner
Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules
U.S. Government
29539
Federal law prohibits removal of this label before consumer purchase.
Heat Pump
Cooling and Heating
Split System
XVZ Corporation
Model 6645
Heating Capacity 26,000 Btu/h
Cooling Capacity 25,000 Btu/h
Cooling
Efficiency Rating (SEER2)*
14.3-16.0
w
I
~
14.3
42.0
Least Efficient
Most Efficient
Range of Similar Models
• Seasonal Energy Efficiency Ratio 2
Heating
Efficiency Rating (HSPF2)*
This system's
efficiency ratings depend
on the coil your contractor
installs with this unit. The
heating efficiency rating
varies slightly in different
geographic regions. Ask
your contractor for details.
8.6-10.0
••
7.5
14.6
Least Efficient
Most Efficient
For energy cost info, visit
productinfo.energy .gov
Range of Similar Models
• Heating Seasonal Performance Factor 2
Sample Label 8 - Split-system Heat Pump
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*
*
*
*
Dissenting Statement of Commissioner
Christine S. Wilson
*
By direction of the Commission.
April J. Tabor,
Secretary.
Note: The following statement will not
appear in the Code of Federal Regulations.
Today the Commission announces required
changes to the Energy Labeling Rule but
makes no other changes to the Rule. Since
2015, the Commission has sought comment
on provisions of this Rule at least three times,
and has made numerous amendments.1 This
1 See 81 FR 62861 (Sept. 12, 2016) (seeking
comment on proposed amendments regarding
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piecemeal approach has clarified the Rule’s
requirements—and I appreciate FTC staff’s
efforts to keep this Rule clear and current—
but the Commission can and should do more.
For the reasons described below, I dissent.
portable air conditioners, ceiling fans, and electric
water heaters); 84 FR 9261 (Mar. 14, 2019)
(proposing amendments to organize the Rule’s
product descriptions); 85 FR 20218 (Apr. 10, 2020)
(seeking comment on proposed amendments
regarding central and portable air conditioners).
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BILLING CODE 6750–01–C
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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules
I have repeatedly urged the Commission 2
to seek comment on the more prescriptive
aspects of this Rule. As I have noted in prior
statements, the Rule includes highly
prescriptive requirements detailing the trim
size dimensions for labels, including the
precise width (between 51⁄4″ to 51⁄2″) and
length (between 73⁄8″ and 75⁄8″); the number
of picas for the copy set (between 27 and 29);
the type style (Arial) and setting; the weight
of the paper stock on which the labels are
printed (not less than 58 pounds per 500
sheets or equivalent); and a suggested
minimum peel adhesive capacity of 12
ounces per square inch.3 For example, the
label example attached to the Rule specifies
not only the categories of information to be
displayed, but also the precise font and point
size in which that information is to be
printed. For example, the cooling efficiency
number must appear in 38 pt. Arial Narrow
Bold. And while the phrase ‘‘US
Government’’ at the top must be printed in
10 pt. Arial Narrow, the text next to it that
reads ‘‘Federal law prohibits removal of this
label before consumer purchase’’ must be
printed in 9 pt. Arial Narrow. See
Attachment 1 (Labeling Requirements).
The Energy Labeling Rule exemplifies the
era in which it was created. The FTC
promulgated the Rule in the 1970s, an era
when the agency was engaged in prolific and
highly prescriptive rulemaking.4 As I have
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2 See Dissenting Statement of Commissioner
Christine S. Wilson on the Notice of Proposed
Rulemaking: Energy Labeling Rule (Dec. 10, 2018)
(expressing my view that the Commission should
seek comment on the prescriptive labeling
requirements), https://www.ftc.gov/publicstatements/2018/12/dissenting-statementcommissioner-christine-s-wilson-notice-proposed;
See Dissenting Statement of Commissioner
Christine S. Wilson on the Notice of Proposed
Rulemaking: Energy Labeling Rule (Oct. 22, 2019)
(urging the Commission to seek comment on the
labeling requirements), https://www.ftc.gov/system/
files/documents/public_statements/1551786/
r611004_wilson_dissent_energy_labeling_rule.pdf.
3 See 16 CFR 305.13 and 305.20.
4 See, e.g., Timothy J. Muris, Paper: Will the
FTC’s Success Continue?, George Mason Law &
Economics No. 18 (Sept. 24, 2018) (discussing the
successes and failures of the FTC’s enforcement
efforts including the aggressive rulemaking
activities in the 1970s), available at: https://
papers.ssrn.com/sol3/papers.cfm?abstract_
id=3254294; Timothy J. Muris, Rules Without
Reason, AEI J. on Gov’t and Society (Sept/Oct.
1982) (describing failed FTC rulemaking
proceedings), available at: https://www.cato.org/
sites/cato.org/files/serials/files/regulation/1982/9/
v6n5-4.pdf; Teresa Schwartz, Regulating Unfair
Practices Under The FTC Act: The Need For a Legal
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noted previously,5 no area of commerce was
too straightforward or mundane to escape the
Commission’s notice:
• The Trade Regulation Rule concerning
Deception as to Non-Prismatic and Partially
Prismatic Instruments Being Prismatic
Binoculars 6 addressed failures to disclose
‘‘instruments having bulges on the tubes
which simulate prismatic instruments are not
prismatic instruments or do not contain
complete prism systems’’ and provided
detailed definitions of six types of binoculars
and field glasses.
• The Trade Regulation Rule concerning
Failure to Disclose that Skin Irritation May
Result from Washing or Handling Glass Fiber
Curtains and Draperies included a
Commission conclusion that ‘‘the failure to
disclose that skin irritation may result from
body contact with glass fiber drapery and
curtain fabrics, and clothing or other articles
which have been washed with such glass
fiber products or in containers previously
used for washing such products when that
container has not been cleansed of glass
particles, has the capacity and tendency to
mislead and deceive purchasers and
prospective purchasers and to divert business
from competitors whose products may be
washed or handled without the resulting
irritation.’’ 7
• The Guides for the Ladies’ Handbag
Industry addressed the use of the terms
‘‘scuffproof,’’ ‘‘scratchproof,’’ ‘‘scuff
resistant,’’ and ‘‘scratch resistant;’’
representations that a product is colored,
Standard of Unfairness, 11 Akron Law Rev. 1 (1978)
(explaining that the judicial reversals of FTC
regulations resulted from a failure to establish an
adequate legal basis for the regulations), available
at: https://ideaexchange.uakron.edu/
akronlawreview/vol11/iss1/1/.
5 See Concurring Statement of Commissioner
Christine S. Wilson, Amplifier Rule (Dec. 17, 2020),
https://www.ftc.gov/system/files/documents/
public_statements/1585038/csw_amplifier_rule_
stmt_11192020.pdf; Dissenting Statement of
Commissioner Christine S. Wilson on the Notice of
Proposed Rulemaking: Energy Labeling Rule (Dec.
10, 2018), https://www.ftc.gov/public-statements/
2018/12/dissenting-statement-commissionerchristine-s-wilson-notice-proposed.
6 16 CFR 402, https://www.ftc.gov/sites/default/
files/documents/federal_register_notices/traderegulation-rule-concerning-deception-nonprismatic-and-partially-prismatic-instrumentsbeing/950523non-prismatic.pdf.
7 16 CFR 413.3(c), https://www.ftc.gov/sites/
default/files/documents/federal_register_notices/
trade-regulation-rule-deceptive-advertising-andlabeling-size-tablecloths-and-related-products-16/
950523advertisingandlabelingasto.pdf.
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
finished or dyed with aniline dye or
otherwise dyed, embossed, grained,
processed, finished or stitched in a certain
manner; and required disclosures to be made
with respect to a product’s composition.8
In March 2020, we sought comment on
some of the more prescriptive provisions of
the Energy Labeling Rule 9 and received
many interesting and thoughtful comments.10
Rather than act on these comments or
proposals, though, the Commission chose to
finalize only proposals necessary to conform
to Department of Energy changes.11 Again
today, the Commission chooses to make
minor changes necessary for conformity but
fails to conduct a full review of the Rule to
consider removing all dated and prescriptive
provisions, and to consider the recent
comments suggesting changes.
The Commission last conducted a full
review of the Energy Labeling Rule in 2015.
Under our 10-year regulatory review
schedule, the next review is scheduled for
2025. Nothing, however, prevents the
Commission from conducting this review
now. I again urge the Commission to act on
the comments we received last year,
eliminate the more prescriptive aspects of the
Rule, and maximize the positive impact of
this Rule for consumers. If we are statutorily
mandated to maintain this Rule, we should
endeavor to make it beneficial for consumers
and competition.
8 16 CFR 247, https://www.ftc.gov/sites/default/
files/documents/federal_register_notices/guidesluggage-and-related-products-industry-guides-shoecontent-labeling-and-advertising-and-guides/
950918luggageandrelatedproducts.pdf.
9 See Concurring Statement of Commissioner
Christine S. Wilson on the Notice of Proposed
Rulemaking: Energy Labeling Rule (Mar. 20, 2020),
https://www.ftc.gov/system/files/documents/
public_statements/1569815/r611004_wilson_
statement_energy_labeling.pdf.
10 See, e.g., Air-Conditioning, Heating and
Refrigeration Institute (AHRI) Comment (#33–09),
available at: https://www.regulations.gov/
document?D=FTC-2020-0033-0009; Association of
Home Appliance Manufacturers (AHAM) Comment
(#33–04), available at: https://www.regulations.gov/
document?D=FTC-2020-0033-0004; Goodman
Manufacturing Comment (#33–08), available at:
https://www.regulations.gov/document?D=FTC2020-0033-0008.
11 See Dissenting Statement of Commissioner
Christine S. Wilson on Notice of Proposed
Rulemaking: Energy Labeling Rule (Dec. 22, 2020),
https://www.ftc.gov/system/files/documents/
public_statements/1585242/commission_wilson_
dissenting_statement_energy_labeling_rule_final1222-2020revd2.pdf.
E:\FR\FM\02JNP1.SGM
02JNP1
Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules
29541
Attachment 1
10 pt--~--- U.S. Government
ArialNanow
Federal law prohibils removal of this label before consumer purchase.
10/12 ..........,~... Heat Pump
Arial Nanow Bold
CooUng and Heating
SpUtSystem
--I---
9 pt.
Arial Narrow
XYZ Corporation
"1111--- 10/12
Model 6645
Arial Narrow Bold
Heating capacity 2&,000 Btu/h
Cooling Capacity 25,000 Btu/II
1 pt rule,----i-~~
91a22
1
Ari
1Na_rro_w-Bo-ld---------►
Cooling
Efficiency Rating (SEER2)* - 4 1 - - - - - - - - - + - -Arial-Nanow
1 2 pt.
Bold
14.3-16.0
1
~ Bold
7pt.lriangle
W
1-l-----------1
2pt.rule
10p!Arial Narrow Bold ----+---► 14.3
42.0
Most Efficient
819.6 Arial Narrow
Least Efficient
11 pt. Arial Narrow ----+--+--I► Range of Similar Models
8112 Arial Narrow
• Seasonal Energy Efficiency Ratio 2
Heating
Efficiency Rating (HSPF2r
This system's
efficiency ratings depend
on the coil your contractor
installs with this unit. The
heating efficiency rating
varies slightly in different
geographic regions. Ask
your contractor for details.
..---T
........- - 12/14
ArialNanow
8.6-10.0
r--Y
14.6
7.5
Least Efficient
MostEflicient
!=otenergycostinfo, visit ◄H---- 12/14
productinfo.energy.gov
Arial Narrow
Range of Similar Models
[FR Doc. 2021–11498 Filed 6–1–21; 8:45 a.m.]
BILLING CODE 6750–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 121
[EPA–HQ–OW–2021–0302; FRL–10023–97–
OW]
Notice of Intention To Reconsider and
Revise the Clean Water Act Section
401 Certification Rule
Environmental Protection
Agency (EPA).
ACTION: Notice of intent.
jbell on DSKJLSW7X2PROD with PROPOSALS
AGENCY:
In accordance with Protecting
Public Health and the Environment and
Restoring Science to Tackle the Climate
Crisis (Executive Order 13990), the U.S.
Environmental Protection Agency (EPA)
announces its intention to reconsider
SUMMARY:
VerDate Sep<11>2014
17:35 Jun 01, 2021
Jkt 253001
and revise the Clean Water Act Section
401 Certification Rule. In addition, EPA
will initiate a series of stakeholder
outreach sessions and invite written
feedback on how to revise the
requirements for water quality
certifications under the Clean Water
Act. EPA intends to revise the Clean
Water Act Section 401 Certification Rule
in a manner that is well informed by
stakeholder input on the rule’s
substantive and procedural components;
is better aligned with the cooperative
federalism principles that have been
central to the effective implementation
of the Clean Water Act; and is
responsive to the national objectives
outlined in President Biden’s Executive
Order 13990.
Written feedback must be
received on or before August 2, 2021.
DATES:
You may send written
feedback, identified by Docket ID No.
ADDRESSES:
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
EPA–HQ–OW–2021–0302, by any of the
following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov/ (our
preferred method). Follow the online
instructions for submitting written
feedback.
• Email: OW-Docket@epa.gov.
Include Docket ID No. EPA–HQ–OW–
2021–0302 in the subject line of the
message.
Instructions: All submissions received
must include the Docket ID Number.
Written feedback received may be
posted without change to https://
www.regulations.gov/, including any
personal information provided. Out of
an abundance of caution for members of
the public and our staff, the EPA Docket
Center and Reading Room are closed to
the public, with limited exceptions, to
reduce the risk of transmitting COVID–
19. Our Docket Center staff will
continue to provide remote customer
service via email, phone, and webform.
E:\FR\FM\02JNP1.SGM
02JNP1
EP02JN21.004</GPH>
• Heating Seasonal Performance fac!or 2
]]>Agencies
[Federal Register Volume 86, Number 104 (Wednesday, June 2, 2021)]
[Proposed Rules]
[Pages 29533-29541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11498]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 305
[3084-AB15]
Energy Labeling Rule
AGENCY: Federal Trade Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'')
proposes updates to comparability ranges and sample labels for central
air conditioners in the Energy Labeling Rule (``Rule'').
DATES: Comments must be received on or before August 2, 2021.
ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Comment Submissions part of the
SUPPLEMENTARY INFORMATION section below. Write ``CAC Range Updates (16
CFR part 305) (Matter No. R611004)'' on your comment, and file it
online at https://www.regulations.gov, by following the instructions on
the web-based form. If you prefer to file your comment on paper, mail
it to: Federal Trade Commission, Office of the Secretary, Suite CC-5610
(Annex J), 600 Pennsylvania Avenue NW, Washington, DC 20580; or deliver
your comment to: Federal Trade Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex
J), Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT: Hampton Newsome (202-326-2889),
Attorney, Division of Enforcement, Bureau of Consumer Protection,
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC
20580.
SUPPLEMENTARY INFORMATION:
I. Energy Labeling Rule
The Commission issued the Energy Labeling Rule (``Rule'') in
1979,\1\ pursuant to the Energy Policy and Conservation Act of 1975
(``EPCA'').\2\ The Rule requires energy labeling for major home
appliances and other consumer products to help consumers compare the
energy usage and costs of competing models. It also contains labeling
requirements for refrigerators, refrigerator-freezers, freezers,
dishwashers, water heaters, clothes washers, room and portable air
conditioners, furnaces, central air conditioners, heat pumps, plumbing
products, lighting products, ceiling fans, and televisions.
---------------------------------------------------------------------------
\1\ 44 FR 66466 (Nov. 19, 1979).
\2\ 42 U.S.C. 6294. EPCA also requires the Department of Energy
(``DOE'') to develop test procedures that measure how much energy
appliances use, and to determine the representative average cost a
consumer pays for different types of energy.
---------------------------------------------------------------------------
The Rule requires manufacturers to attach yellow EnergyGuide labels
to many of the covered products and prohibits retailers from removing
these labels or rendering them illegible. In addition, it directs
sellers, including retailers, to post label information on websites and
in paper catalogs from which consumers can order products. EnergyGuide
labels for most covered products contain three main disclosures:
Estimated annual energy cost, a product's energy consumption or energy
efficiency rating as determined by Department of Energy (``DOE'') test
procedures, and a comparability range displaying the highest and lowest
energy costs or efficiency ratings for all similar models. Under the
Rule, the Commission periodically updates comparability range and
annual energy cost information based on manufacturer data submitted
pursuant to the Rule's reporting requirements.\3\
---------------------------------------------------------------------------
\3\ 16 CFR 305.10.
---------------------------------------------------------------------------
II. Proposed Updated Ranges for Central Air Conditioners
The Commission proposes to update the comparability ranges for
central air conditioners to ensure manufacturers have information
available for the upcoming transition to new efficiency descriptors
required by DOE. On February 12, 2021 (86 FR 9274), the Commission
published conforming Rule amendments reflecting new DOE efficiency
descriptors on central air conditioner labels to ensure the Rule's
consistency with DOE requirements, which become effective on January 1,
2023.\4\ In the February Rule, the Commission stated it would update
ranges in appendices H and I, and the sample labels in appendix L, once
new efficiency numbers became available. The Commission now proposes to
amend the range tables (appendices H and I) and sample labels in the
Rule (appendix L) using new information from the Air-Conditioning,
Heating, & Refrigeration Institute (AHRI) and DOE staff input.\5\ As
the Commission stated in its February 2021 Rule (86 FR at 9279),
manufacturers may begin using the new range information prior to
January 1, 2023, in a manner consistent with DOE guidance once the FTC
issues the final updates to appendices H and I.
---------------------------------------------------------------------------
\4\ In 2017, DOE announced changes to the rating methods and
associated efficiency descriptors for central air conditioners
(e.g., from ``Seasonal Energy Efficiency Ratio (SEER)'' to
``Seasonal Energy Efficiency Ratio 2 (SEER2)''). 82 FR 1786 (Jan. 6,
2017); and 82 FR 24211 (May 26, 2017).
\5\ AHRI is a trade association representing central air
conditioner manufacturers.
---------------------------------------------------------------------------
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 December
31, 2022 (OMB Control No. 3084-0069). The proposed amendments do not
change the substance or frequency of the recordkeeping, disclosure, or
reporting requirements and, therefore, do not require further OMB
clearance.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601-612,
requires that the Commission conduct an analysis of the anticipated
economic impact of the proposed amendment on small entities. The RFA
requires that the Commission provide an Initial Regulatory Flexibility
Analysis (``IRFA'') with a proposed rule unless the Commission
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. 5 U.S.C. 605. As explained
elsewhere in this document, the proposed amendments merely update the
Rule's appendices to include revised comparability ranges and sample
labels for central air conditioners based on more recent data. The
proposed amendments do not significantly change the substance or
frequency of the recordkeeping, disclosure, or reporting requirements.
Thus, the amendments will not have a ``significant economic impact on a
substantial number of small entities.'' 5 U.S.C. 605. The Commission
has concluded, therefore, that a regulatory flexibility analysis is not
necessary, and certifies, under Section 605 of the RFA (5 U.S.C.
605(b)), that the proposed amendments will not have a significant
economic impact on a substantial number of small entities.
[[Page 29534]]
V. 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).
VI. Comment Submissions
You can file a comment online or on paper. For the FTC to consider
your comment, we must receive it on or before August 2, 2021. Write
``CAC Range Updates (16 CFR part 305) (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 https://www.regulations.gov website.
Because of the public health emergency in response to the COVID-19
outbreak and the agency's heightened security screening, postal mail
addressed to the Commission will be subject to delay. We strongly
encourage you to submit your comment online through the https://www.regulations.gov website. To ensure the Commission considers your
online comment, please follow the instructions on the web-based form.
If you file your comment on paper, write ``CAC Range Updates (16
CFR part 305) (Matter No. R611004)'' on your comment and on the
envelope, and mail your comment to the following address: Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite
CC-5610 (Annex J), Washington, DC 20580, or deliver your comment to the
following address: Federal Trade Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex
J), Washington, DC 20024. If possible, please submit your paper comment
to the Commission by courier or overnight service.
Because your comment will be placed on the publicly accessible
website at https://www.regulations.gov, you are solely responsible for
making sure that your comment does not include any sensitive or
confidential information. In particular, your comment should not
include any sensitive personal information, such as your or anyone
else'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 your comment
does not include any sensitive health information, such as medical
records or other individually identifiable health information. In
addition, your comment should not include any ``[t]rade secret or any
commercial or financial information which . . . is privileged or
confidential''--as provided in Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)--including in
particular competitively sensitive information such as costs, sales
statistics, inventories, formulas, patterns, devices, manufacturing
processes, or customer names.
Comments containing material for which confidential treatment is
requested must be filed in paper form, must be clearly labeled
``Confidential,'' and must comply with FTC Rule Sec. 4.9(c). In
particular, the written request for confidential treatment that
accompanies the comment must include the factual and legal basis for
the request, and must identify the specific portions of the comment to
be withheld from the public record. See FTC Rule Sec. 4.9(c). Your
comment will be kept confidential only if the General Counsel grants
your request in accordance with the law and the public interest. Once
your comment has been posted publicly at www.regulations.gov, we cannot
redact or remove it unless you submit a confidentiality request that
meets the requirements for such treatment under FTC Rule Sec. 4.9(c),
and the General Counsel grants that request.
The FTC Act and other laws 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 it receives on or before August 2, 2021. For
information on the Commission's privacy policy, including routine uses
permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.
VII. Other Matters
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a ``major rule,'' as defined by 5 U.S.C. 804(2).
Proposed Rule Language
List of Subjects in 16 CFR Part 305
Advertising, Energy conservation, Household appliances, Labeling,
Reporting and recordkeeping requirements.
For the reasons stated above, the Commission proposes to amend part
305 of title 16 of the Code of Federal Regulations 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. Revise appendix H to part 305 to read as follows:
Appendix H to Part 305--Cooling Performance for Central Air
Conditioners
------------------------------------------------------------------------
Range of SEER2's
Manufacturer's rated cooling capacity -------------------------------
(btu's/hr) Low High
------------------------------------------------------------------------
Single Package Units
------------------------------------------------------------------------
Central Air Conditioners (Cooling Only): 13.4 19
All capacities.........................
Heat Pumps (Cooling Function): All 13.4 19
capacities.............................
------------------------------------------------------------------------
Split System Units
------------------------------------------------------------------------
Central Air Conditioner models allowed 13.4 27
only in northern states (listed in Sec.
305.20(g)(13)) (Cooling Only): All
capacities.............................
Central Air Conditioner models allowed
in all states (Cooling Only):
All capacities...................... 13.8 27
Heat Pumps (Cooling Function): All 14.3 42
capacities.........................
Small-duct, high-velocity Systems....... 12 15
------------------------------------------------------------------------
[[Page 29535]]
Space-Constrained Products
------------------------------------------------------------------------
Central Air Conditioners (Cooling Only): 11.7 13.7
All capacities.........................
Heat Pumps (Cooling Function): All 11.9 13.8
capacities.............................
------------------------------------------------------------------------
0
3. Revise appendix I to part 305 to read as follows:
Appendix I to Part 305--Heating Performance and Cost for Central Air
Conditioners
------------------------------------------------------------------------
Range of HSPF2's
Manufacturer's rated heating capacity -------------------------------
(btu's/hr.) Low High
------------------------------------------------------------------------
Single Package Units
------------------------------------------------------------------------
Heat Pumps (Heating Function): All 6.7 8.4
capacities.............................
------------------------------------------------------------------------
Split System Units
------------------------------------------------------------------------
Heat Pumps (Heating Function): All 7.5 14.6
capacities.............................
Small-duct, high-velocity Systems....... 6.1 7.5
------------------------------------------------------------------------
Space-Constrained Products
------------------------------------------------------------------------
Heat Pumps (Heating Function): All 6.3 6.5
capacities.............................
------------------------------------------------------------------------
0
4. Amend appendix L to part 305 by revising Prototype Label 3,
Prototype Label 4, Sample Label 7, and Sample Label 8 to read as
follows:
Appendix L to Part 305--Sample Labels
* * * * *
BILLING CODE 6750-01-P
[[Page 29536]]
[GRAPHIC] [TIFF OMITTED] TP02JN21.000
[[Page 29537]]
[GRAPHIC] [TIFF OMITTED] TP02JN21.001
* * * * *
[[Page 29538]]
[GRAPHIC] [TIFF OMITTED] TP02JN21.002
[[Page 29539]]
[GRAPHIC] [TIFF OMITTED] TP02JN21.003
BILLING CODE 6750-01-C
* * * * *
By direction of the Commission.
April J. Tabor,
Secretary.
Note: The following statement will not appear in the Code of
Federal Regulations.
Dissenting Statement of Commissioner Christine S. Wilson
Today the Commission announces required changes to the Energy
Labeling Rule but makes no other changes to the Rule. Since 2015,
the Commission has sought comment on provisions of this Rule at
least three times, and has made numerous amendments.\1\ This
piecemeal approach has clarified the Rule's requirements--and I
appreciate FTC staff's efforts to keep this Rule clear and current--
but the Commission can and should do more. For the reasons described
below, I dissent.
---------------------------------------------------------------------------
\1\ See 81 FR 62861 (Sept. 12, 2016) (seeking comment on
proposed amendments regarding portable air conditioners, ceiling
fans, and electric water heaters); 84 FR 9261 (Mar. 14, 2019)
(proposing amendments to organize the Rule's product descriptions);
85 FR 20218 (Apr. 10, 2020) (seeking comment on proposed amendments
regarding central and portable air conditioners).
---------------------------------------------------------------------------
[[Page 29540]]
I have repeatedly urged the Commission \2\ to seek comment on
the more prescriptive aspects of this Rule. As I have noted in prior
statements, the Rule includes highly prescriptive requirements
detailing the trim size dimensions for labels, including the precise
width (between 5\1/4\'' to 5\1/2\'') and length (between 7\3/8\''
and 7\5/8\''); the number of picas for the copy set (between 27 and
29); the type style (Arial) and setting; the weight of the paper
stock on which the labels are printed (not less than 58 pounds per
500 sheets or equivalent); and a suggested minimum peel adhesive
capacity of 12 ounces per square inch.\3\ For example, the label
example attached to the Rule specifies not only the categories of
information to be displayed, but also the precise font and point
size in which that information is to be printed. For example, the
cooling efficiency number must appear in 38 pt. Arial Narrow Bold.
And while the phrase ``US Government'' at the top must be printed in
10 pt. Arial Narrow, the text next to it that reads ``Federal law
prohibits removal of this label before consumer purchase'' must be
printed in 9 pt. Arial Narrow. See Attachment 1 (Labeling
Requirements).
---------------------------------------------------------------------------
\2\ See Dissenting Statement of Commissioner Christine S. Wilson
on the Notice of Proposed Rulemaking: Energy Labeling Rule (Dec. 10,
2018) (expressing my view that the Commission should seek comment on
the prescriptive labeling requirements), https://www.ftc.gov/public-statements/2018/12/dissenting-statement-commissioner-christine-s-wilson-notice-proposed; See Dissenting Statement of Commissioner
Christine S. Wilson on the Notice of Proposed Rulemaking: Energy
Labeling Rule (Oct. 22, 2019) (urging the Commission to seek comment
on the labeling requirements), https://www.ftc.gov/system/files/documents/public_statements/1551786/r611004_wilson_dissent_energy_labeling_rule.pdf.
\3\ See 16 CFR 305.13 and 305.20.
---------------------------------------------------------------------------
The Energy Labeling Rule exemplifies the era in which it was
created. The FTC promulgated the Rule in the 1970s, an era when the
agency was engaged in prolific and highly prescriptive
rulemaking.\4\ As I have noted previously,\5\ no area of commerce
was too straightforward or mundane to escape the Commission's
notice:
---------------------------------------------------------------------------
\4\ See, e.g., Timothy J. Muris, Paper: Will the FTC's Success
Continue?, George Mason Law & Economics No. 18 (Sept. 24, 2018)
(discussing the successes and failures of the FTC's enforcement
efforts including the aggressive rulemaking activities in the
1970s), available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3254294; Timothy J. Muris, Rules Without
Reason, AEI J. on Gov't and Society (Sept/Oct. 1982) (describing
failed FTC rulemaking proceedings), available at: https://www.cato.org/sites/cato.org/files/serials/files/regulation/1982/9/v6n5-4.pdf; Teresa Schwartz, Regulating Unfair Practices Under The
FTC Act: The Need For a Legal Standard of Unfairness, 11 Akron Law
Rev. 1 (1978) (explaining that the judicial reversals of FTC
regulations resulted from a failure to establish an adequate legal
basis for the regulations), available at: https://ideaexchange.uakron.edu/akronlawreview/vol11/iss1/1/.
\5\ See Concurring Statement of Commissioner Christine S.
Wilson, Amplifier Rule (Dec. 17, 2020), https://www.ftc.gov/system/files/documents/public_statements/1585038/csw_amplifier_rule_stmt_11192020.pdf; Dissenting Statement of
Commissioner Christine S. Wilson on the Notice of Proposed
Rulemaking: Energy Labeling Rule (Dec. 10, 2018), https://www.ftc.gov/public-statements/2018/12/dissenting-statement-commissioner-christine-s-wilson-notice-proposed.
---------------------------------------------------------------------------
The Trade Regulation Rule concerning Deception as to
Non-Prismatic and Partially Prismatic Instruments Being Prismatic
Binoculars \6\ addressed failures to disclose ``instruments having
bulges on the tubes which simulate prismatic instruments are not
prismatic instruments or do not contain complete prism systems'' and
provided detailed definitions of six types of binoculars and field
glasses.
---------------------------------------------------------------------------
\6\ 16 CFR 402, https://www.ftc.gov/sites/default/files/documents/federal_register_notices/trade-regulation-rule-concerning-deception-non-prismatic-and-partially-prismatic-instruments-being/950523non-prismatic.pdf.
---------------------------------------------------------------------------
The Trade Regulation Rule concerning Failure to
Disclose that Skin Irritation May Result from Washing or Handling
Glass Fiber Curtains and Draperies included a Commission conclusion
that ``the failure to disclose that skin irritation may result from
body contact with glass fiber drapery and curtain fabrics, and
clothing or other articles which have been washed with such glass
fiber products or in containers previously used for washing such
products when that container has not been cleansed of glass
particles, has the capacity and tendency to mislead and deceive
purchasers and prospective purchasers and to divert business from
competitors whose products may be washed or handled without the
resulting irritation.'' \7\
---------------------------------------------------------------------------
\7\ 16 CFR 413.3(c), https://www.ftc.gov/sites/default/files/documents/federal_register_notices/trade-regulation-rule-deceptive-advertising-and-labeling-size-tablecloths-and-related-products-16/950523advertisingandlabelingasto.pdf.
---------------------------------------------------------------------------
The Guides for the Ladies' Handbag Industry addressed
the use of the terms ``scuffproof,'' ``scratchproof,'' ``scuff
resistant,'' and ``scratch resistant;'' representations that a
product is colored, finished or dyed with aniline dye or otherwise
dyed, embossed, grained, processed, finished or stitched in a
certain manner; and required disclosures to be made with respect to
a product's composition.\8\
---------------------------------------------------------------------------
\8\ 16 CFR 247, https://www.ftc.gov/sites/default/files/documents/federal_register_notices/guides-luggage-and-related-products-industry-guides-shoe-content-labeling-and-advertising-and-guides/950918luggageandrelatedproducts.pdf.
---------------------------------------------------------------------------
In March 2020, we sought comment on some of the more
prescriptive provisions of the Energy Labeling Rule \9\ and received
many interesting and thoughtful comments.\10\ Rather than act on
these comments or proposals, though, the Commission chose to
finalize only proposals necessary to conform to Department of Energy
changes.\11\ Again today, the Commission chooses to make minor
changes necessary for conformity but fails to conduct a full review
of the Rule to consider removing all dated and prescriptive
provisions, and to consider the recent comments suggesting changes.
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\9\ See Concurring Statement of Commissioner Christine S. Wilson
on the Notice of Proposed Rulemaking: Energy Labeling Rule (Mar. 20,
2020), https://www.ftc.gov/system/files/documents/public_statements/1569815/r611004_wilson_statement_energy_labeling.pdf.
\10\ See, e.g., Air-Conditioning, Heating and Refrigeration
Institute (AHRI) Comment (#33-09), available at: https://www.regulations.gov/document?D=FTC-2020-0033-0009; Association of
Home Appliance Manufacturers (AHAM) Comment (#33-04), available at:
https://www.regulations.gov/document?D=FTC-2020-0033-0004; Goodman
Manufacturing Comment (#33-08), available at: https://www.regulations.gov/document?D=FTC-2020-0033-0008.
\11\ See Dissenting Statement of Commissioner Christine S.
Wilson on Notice of Proposed Rulemaking: Energy Labeling Rule (Dec.
22, 2020), https://www.ftc.gov/system/files/documents/public_statements/1585242/commission_wilson_dissenting_statement_energy_labeling_rule_final12-22-2020revd2.pdf.
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The Commission last conducted a full review of the Energy
Labeling Rule in 2015. Under our 10-year regulatory review schedule,
the next review is scheduled for 2025. Nothing, however, prevents
the Commission from conducting this review now. I again urge the
Commission to act on the comments we received last year, eliminate
the more prescriptive aspects of the Rule, and maximize the positive
impact of this Rule for consumers. If we are statutorily mandated to
maintain this Rule, we should endeavor to make it beneficial for
consumers and competition.
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[FR Doc. 2021-11498 Filed 6-1-21; 8:45 a.m.]
BILLING CODE 6750-01-P
