Energy Labeling Rule, 57985-57991 [2021-22869]
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57985
Rules and Regulations
Federal Register
Vol. 86, No. 200
Wednesday, October 20, 2021
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
FEDERAL TRADE COMMISSION
16 CFR Part 305
[3084–AB15]
Energy Labeling Rule
Federal Trade Commission.
Final rule.
AGENCY:
ACTION:
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
issues amendments to update the
comparability ranges and sample labels
for central air conditioners in the Energy
Labeling Rule (‘‘Rule’’).
DATES: The amendments are effective on
January 1, 2023.
ADDRESSES: Copies of this document are
available on the Commission’s website,
www.ftc.gov.
FOR FURTHER INFORMATION CONTACT:
Hampton Newsome (202–326–2889),
Attorney, Division of Enforcement,
Bureau of Consumer Protection, Federal
Trade Commission, Room CC–9528, 600
Pennsylvania Avenue NW, Washington,
DC 20580.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Energy Labeling Rule
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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
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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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. Updated Ranges for Central Air
Conditioners
On February 12, 2021 (86 FR 9273),
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 document, 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.
On June 2, 2021 (86 FR 29533), the
Commission proposed 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.5 In the
June 2021 document, the Commission
proposed to update the range table data
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).
5 Commissioner Christine S. Wilson issued a
dissent stating that the Commission should also
seek further comment on broader issues including
the ‘‘more prescriptive aspects of this Rule’’ and
other changes to ‘‘maximize the positive impact of
this Rule for consumers.’’
4 In
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(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.6 In
response to the June document, the
Commission received 31 comments.
Commenters were generally supportive
of the proposed updates, and none
opposed the proposed ranges.7
Commenters also made various
suggestions for EnergyGuide labeling
improvements and Rule changes (e.g.,
the use of QR codes) not directly
relevant to the range updates set out in
the June document.8 The Commission
may consider these suggestions, which
would require further consideration and
additional public comment, in
connection with future regulatory
reviews.
Based on this record, the Commission
is finalizing the range amendments in
this document.9 Consistent with the
February 2021 amendments to the new
energy descriptors, the effective date for
these ranges is January 1, 2023. As the
Commission stated in the February 2021
document, manufacturers may begin
using the new range information prior to
that date, in a manner consistent with
DOE guidance now that the FTC has
issued the final updates to appendices
H and I 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
6 AHRI is a trade association representing central
air conditioner manufacturers.
7 The comments are posted at regulations.gov.
8 Two industry commenters (AHRI (#0030–0031)
and Goodman (#0030–0032)) urged the Commission
to issue the range updates ‘‘expeditiously’’ so that
manufacturers ‘‘have certainty on the revised
EnergyGuide labels and adequate time to
implement the labels.’’ These two commenters also
urged the Commission to postpone considering
other potential Rule changes discussed in
Commissioner Wilson’s dissenting statement.
9 The final amendments contain a few minor
corrections to the sample labels in the June
document (the top range number on Prototype Label
3; inclusion of asterisks and updated geographic
information on Sample Label 3, and the removal of
optional capacity numbers on labels).
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Federal Register / Vol. 86, No. 200 / Wednesday, October 20, 2021 / Rules and Regulations
information collection requirements
through December 31, 2022 (OMB
Control No. 3084–0069). The
amendments do not change the
substance or frequency of the Rule’s
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 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. The 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 amendments
will not have a significant economic
impact on a substantial number of small
entities.
V. 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).
List of Subjects in 16 CFR Part 305
Advertising, Consumer protection,
Energy conservation, Household
appliances, Incorporation by reference,
Labeling, Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, the Commission amends 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
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
11.7
11.9
13.7
13.8
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 ...........................................................................................................................
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:
■
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
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Split System Units
Heat Pumps (Heating Function): All capacities .......................................................................................................
Small-duct, high-velocity Systems ...........................................................................................................................
Space-Constrained Products
Heat Pumps (Heating Function): All capacities .......................................................................................................
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Federal Register / Vol. 86, No. 200 / Wednesday, October 20, 2021 / Rules and Regulations
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:
■
57987
Appendix L to Part 305—Sample Labels
*
*
*
*
*
BILLING CODE 6750–01–P
Prototype Label 3 - Single-Package Central Air Conditioner
10 pt.---•► U.S. Government
Arial Narrow
Federal law prohibits removal of this label before consumer purchase.
10/12---•► Central Air Conditioner
Arial Narrow Bold
--1111---
9 pt.
Arial Narrow
XYZ Corporation
ModelNH65
Cooling Only
Single Package
1 pt. rule----+--a► r----------------,
19 pl.----+---1~
( S E E R 2 J · ~ - - - - - - - + - - - - 1 2 pt.
Arial Narrow Bold
Arial Narrow Bold
Efficiency Rating
38 pt. Arial
14
0
T
Bold------11---•►
■
3 pt. rule------11----+-~
I
---t-----------t----
12 pt. triangle
. , - - - - - - - - - - - - - - - - 2pt. rule
For energy cost info, visit ◄I+--- 12/14
productinfo.energy.gov
Arial Narrow
19.0
I
10 pt Arial Narrow Bold ------11---•►
Most Efficient
8/9.6Arial Narrow ----if---•►
11 pt. Arial Narrow -----if-----1---11► Range of Similar Models
8/12 Arial Narrow
• Seasonal Energy Efficiency Ratio 2
18pt.ArialNarrowBold----+---►
Notice
Federal law allows this unit to be installed only in:
14/16.SArial Narrow
bold where indicated
11/13.2 ----+---► AK, AL, AR, CO, CT, DC, DE, FL, GA,
•
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.
r'
■
Installation allowed
11 pt.Arial Narrow ----1--a► Federal law prohibits installation of this unit in other states.
--lllt---8pt.
Arial Narrow
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10 pl.------1..... Energy Efficiency Ratio 2 (EER2): This unit"s EER2 is 10.5. ◄1----------i---- 8 pt.
Arial Narrow Bold
Arial Narrow
57988
Federal Register / Vol. 86, No. 200 / Wednesday, October 20, 2021 / Rules and Regulations
Prototype Label 4 - Split-system Heat Pump
10/12--~~ Heat Pump
Arial Narrow Bold
Cooling and Heating
Split System
1 pt rule,----1--a►
19:1a22
1Na_rrow_Bold_-1--~
Ari
XYZCorporation
Model 6645
Cooling
Efficiency Rating (SEER2)*
~--------+---
12 pt
Arial Narrow Bold
14.3-16.0
::r~d
W
7pt.triangle
1-l--..__ __.___.__---t
2ptrule
10 pt Arial Narrow Bold
8/9.6 Arial Narrow
14.3
42.0
least Ellicient
Most Efficient
11 pt. Arial Narrow ----+-----+--► Range of Similar Models
8112 Arial Narrow
• Seasonal Enelgy Efficiency Ratio 2
Heating
Efficiency Rating (HSPF2l*
--1--10/12
Arial Narrow Bold
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.
r-.'
. .1---12/14
Arial Narrow
8.6-10.0
~
14.6
7.5
Leas!Ellicient
Most Efficient
For energy cost info, visit .,.....,___ 12/14
productlnfo.energy.gov
Arial Narrow
Range of Similar Models
• Heeling Seasonal Performence Factor 2
*
*
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*
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*
Federal Register / Vol. 86, No. 200 / Wednesday, October 20, 2021 / Rules and Regulations
57989
Sample Label 7 - Split-system Central Air Conditioner
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
r
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, and WY.
■
Installation allowed
Federal law prohibits installation of this unit in other states.
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Energy Efficiency Ratio 2 (EER2): This unit's EER2 is 11.6.
57990
Federal Register / Vol. 86, No. 200 / Wednesday, October 20, 2021 / Rules and Regulations
Sample Label 8 - Split-system Heat Pump
U.S. Government
Federal law prohibits removal of this label before consumer purchase.
XYZ Corporation
Model6645
Heat Pump
Cooling and Heating
Split System
Cooling
Efficiency Rating (SEER2)*
14.3-16.0
w
I
42.0
14.3
Least Efficient
Most Efficient
Range of Similar Models
* Seasonal Energy Efficiency Ratio 2
Heating
Efficiency Rating (HSPF2)*
r-T 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
prod uctinfo.energy .gov
Range of Similar Models
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*
*
*
*
*
Dissenting Statement of Commissioner
Christine S. Wilson
By direction of the Commission,
Commissioner Wilson dissenting.
April J. Tabor,
Secretary.
Note: The following will not appear in the
Code of Federal Regulations.
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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 multiple times and has made
numerous amendments clarifying the
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Rule’s requirements and making
necessary changes. I have repeatedly
urged the Commission to seek comment
on the more prescriptive aspects of this
Rule. I have explained my concerns
about the highly prescriptive nature of
this Rule in detail in my prior dissents.
Regrettably, again today, the
Commission chooses to make minor
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• Heating Seasonal Performance Factor 2
Federal Register / Vol. 86, No. 200 / Wednesday, October 20, 2021 / Rules and Regulations
changes to the Rule necessary for
conformity but fails to conduct a full
review of the Rule to consider removing
all dated and prescriptive provisions.
For these reasons, I dissent.
[FR Doc. 2021–22869 Filed 10–19–21; 8:45 am]
BILLING CODE 6750–01–C
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Part 122
[CBP Dec. 21–15]
Technical Amendment to List of User
Fee Airports: Removal of One Airport
U.S. Customs and Border
Protection, Department of Homeland
Security (DHS).
ACTION: Final rule; technical
amendment.
AGENCY:
This document amends U.S.
Customs and Border Protection (CBP)
regulations by removing one airport
from the list of user fee airports. User
fee airports are airports that have been
approved by the Commissioner of CBP
to receive, for a fee, the customs services
of CBP officers for processing aircraft,
passengers, and cargo entering the
United States, but do not qualify for
designation as international or landing
rights airports. Specifically, this
technical amendment reflects the
removal of the designation of user fee
airport status for the Charlotte-Monroe
Executive Airport in Monroe, North
Carolina.
SUMMARY:
DATES:
Effective date: October 20, 2021.
FOR FURTHER INFORMATION CONTACT:
Ryan Flanagan, Director, Alternative
Funding Program, Office of Field
Operations, U.S. Customs and Border
Protection at Ryan.H.Flanagan@
cbp.dhs.gov or 202–550–9566.
SUPPLEMENTARY INFORMATION:
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Background
Title 19, part 122 of the Code of
Federal Regulations (19 CFR part 122)
sets forth regulations relating to the
entry and clearance of aircraft engaged
in international commerce and the
transportation of persons and cargo by
aircraft in international commerce.1
Generally, a civil aircraft arriving from
outside the United States must land at
an airport designated as an international
1 For purposes of this technical rule, an ‘‘aircraft’’
is defined as any device used or designed for
navigation or flight in air and does not include
hovercraft. 19 CFR 122.1(a).
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airport. Alternatively, civil aircraft may
request permission to land at a specific
airport and, if landing rights are granted,
the civil aircraft may land at that
landing rights airport.2
Section 236 of the Trade and Tariff
Act of 1984 (Pub. L. 98–573, 98 stat.
2948, 2994 (1984)), codified at 19 U.S.C.
58b, created an alternative option for
civil aircraft seeking to land at an
airport that is neither an international
airport nor a landing rights airport. This
alternative option allows the
Commissioner of U.S. Customs and
Border Protection (CBP) to designate an
airport, upon request by the airport
authority or other sponsoring entity, as
a user fee airport.3 Pursuant to 19 U.S.C.
58b, a requesting airport may be
designated as a user fee airport only if
CBP determines that the volume or
value of business at the airport is
insufficient to justify the unreimbursed
availability of customs services at the
airport and the governor of the state in
which the airport is located approves
the designation. As the volume or value
of business cleared through this type of
airport is insufficient to justify the
availability of customs services at no
cost, customs services provided by CBP
at the airport are not funded by
appropriations from the general treasury
of the United States. Instead, the user
fee airport pays for the customs services
provided by CBP. The user fee airport
must pay the fees charged, which must
be in an amount equal to the expenses
incurred by CBP in providing customs
and related services at the user fee
airport, including the salary and
expenses of CBP employees to provide
such services. See 19 U.S.C. 58b; also 19
CFR 24.17(a)–(b).
CBP designates airports as user fee
airports in accordance with 19 U.S.C.
58b and 19 CFR 122.15 and on a caseby-case basis. If CBP decides that the
conditions for designation as a user fee
airport are satisfied, a Memorandum of
Agreement (MOA) is executed between
the Commissioner of CBP and the
2 A landing rights airport is ‘‘any airport, other
than an international airport or user fee airport, at
which flights from a foreign area are given
permission by Customs to land.’’ 19 CFR 122.1(f).
3 Sections 403(1) and 411 of the Homeland
Security Act of 2002 (Pub. L. 107–296, 116 stat.
2135, 2178–79 (2002)), codified at 6 U.S.C. 203(1)
and 211, transferred certain functions, including the
authority to designate user fee facilities, from the
U.S. Customs Service of the Department of the
Treasury to the newly established U.S. Department
of Homeland Security. The Secretary of Homeland
Security delegated the authority to designate user
fee facilities to the Commissioner of CBP through
Department of Homeland Security Delegation, Sec.
II.A., No. 7010.3 (May 11, 2006). The Commissioner
subsequently delegated this authority to the
Executive Assistant Commissioner of the Office of
Field Operations on January 28, 2020.
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57991
sponsor of the user fee airport. Pursuant
to 19 CFR 122.15(c), the designation of
an airport as a user fee airport must be
withdrawn if either CBP or the airport
authority gives 120 days written notice
of termination to the other party, or if
any amounts due to CBP are not paid on
a timely basis.
The list of designated user fee airports
is set forth in 19 CFR 122.15(b).
Periodically, CBP updates the list to
include newly designated airports that
were not previously on the list, to reflect
any changes in the names of the
designated user fee airports, and to
remove airports that are no longer
designated as user fee airports.
Recent Change Requiring Update to the
List of User Fee Airports
This document updates the list of user
fee airports in 19 CFR 122.15(b) by
removing the Charlotte-Monroe
Executive Airport in Monroe, North
Carolina. On February 3, 2021, the
Monroe City Manager requested
termination of the user fee status for the
Charlotte-Monroe Executive Airport,
and the Monroe City Manager and CBP
mutually agreed to terminate the user
fee status of Charlotte-Monroe Executive
Airport effective on June 30, 2021.
Inapplicability of Public Notice and
Delayed Effective Date Requirements
Under the Administrative Procedure
Act (5 U.S.C. 553(b)), an agency is
exempted from the prior public notice
and comment procedures if it finds, for
good cause, that such procedures are
impracticable, unnecessary, or contrary
to the public interest. This final rule
makes a conforming change by updating
the list of user fee airports by removing
one airport in light of the CBP
Commissioner’s withdrawal of its
designation as a user fee airport, in
accordance with 19 U.S.C. 58b. Because
this conforming rule has no substantive
impact, is technical in nature, and does
not impose additional burdens on or
take away any existing rights or
privileges from the public, CBP finds for
good cause that the prior public notice
and comment procedures are
impracticable, unnecessary, and
contrary to the public interest. For the
same reasons, pursuant to 5 U.S.C.
553(d)(3), a delayed effective date is not
required.
Regulatory Flexibility Act and
Executive Order 12866
Because no notice of proposed
rulemaking is required, the provisions
of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) do not apply. This
amendment does not meet the criteria
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]]>Agencies
[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Rules and Regulations]
[Pages 57985-57991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22869]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 86, No. 200 / Wednesday, October 20, 2021 /
Rules and Regulations
[[Page 57985]]
FEDERAL TRADE COMMISSION
16 CFR Part 305
[3084-AB15]
Energy Labeling Rule
AGENCY: Federal Trade Commission.
ACTION: Final rule.
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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'')
issues amendments to update the comparability ranges and sample labels
for central air conditioners in the Energy Labeling Rule (``Rule'').
DATES: The amendments are effective on January 1, 2023.
ADDRESSES: Copies of this document are available on the Commission's
website, www.ftc.gov.
FOR FURTHER INFORMATION CONTACT: Hampton Newsome (202-326-2889),
Attorney, Division of Enforcement, Bureau of Consumer Protection,
Federal Trade Commission, Room CC-9528, 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.
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\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.
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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\
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\3\ 16 CFR 305.10.
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II. Updated Ranges for Central Air Conditioners
On February 12, 2021 (86 FR 9273), 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 document, 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.
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\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).
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On June 2, 2021 (86 FR 29533), the Commission proposed 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.\5\ In the June 2021
document, the Commission proposed to update the range table data
(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.\6\ In response to the June
document, the Commission received 31 comments. Commenters were
generally supportive of the proposed updates, and none opposed the
proposed ranges.\7\ Commenters also made various suggestions for
EnergyGuide labeling improvements and Rule changes (e.g., the use of QR
codes) not directly relevant to the range updates set out in the June
document.\8\ The Commission may consider these suggestions, which would
require further consideration and additional public comment, in
connection with future regulatory reviews.
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\5\ Commissioner Christine S. Wilson issued a dissent stating
that the Commission should also seek further comment on broader
issues including the ``more prescriptive aspects of this Rule'' and
other changes to ``maximize the positive impact of this Rule for
consumers.''
\6\ AHRI is a trade association representing central air
conditioner manufacturers.
\7\ The comments are posted at regulations.gov.
\8\ Two industry commenters (AHRI (#0030-0031) and Goodman
(#0030-0032)) urged the Commission to issue the range updates
``expeditiously'' so that manufacturers ``have certainty on the
revised EnergyGuide labels and adequate time to implement the
labels.'' These two commenters also urged the Commission to postpone
considering other potential Rule changes discussed in Commissioner
Wilson's dissenting statement.
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Based on this record, the Commission is finalizing the range
amendments in this document.\9\ Consistent with the February 2021
amendments to the new energy descriptors, the effective date for these
ranges is January 1, 2023. As the Commission stated in the February
2021 document, manufacturers may begin using the new range information
prior to that date, in a manner consistent with DOE guidance now that
the FTC has issued the final updates to appendices H and I once the FTC
issues the final updates to appendices H and I.
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\9\ The final amendments contain a few minor corrections to the
sample labels in the June document (the top range number on
Prototype Label 3; inclusion of asterisks and updated geographic
information on Sample Label 3, and the removal of optional capacity
numbers on labels).
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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
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information collection requirements through December 31, 2022 (OMB
Control No. 3084-0069). The amendments do not change the substance or
frequency of the Rule's 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 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. The 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 amendments will not have a significant economic
impact on a substantial number of small entities.
V. 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).
List of Subjects in 16 CFR Part 305
Advertising, Consumer protection, Energy conservation, Household
appliances, Incorporation by reference, Labeling, Reporting and
recordkeeping requirements.
For the reasons set forth in the preamble, the Commission amends
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
------------------------------------------------------------------------
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.............................
------------------------------------------------------------------------
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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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By direction of the Commission, Commissioner Wilson dissenting.
April J. Tabor,
Secretary.
Note: The following 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 multiple times
and has made numerous amendments clarifying the Rule's requirements and
making necessary changes. I have repeatedly urged the Commission to
seek comment on the more prescriptive aspects of this Rule. I have
explained my concerns about the highly prescriptive nature of this Rule
in detail in my prior dissents. Regrettably, again today, the
Commission chooses to make minor
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changes to the Rule necessary for conformity but fails to conduct a
full review of the Rule to consider removing all dated and prescriptive
provisions. For these reasons, I dissent.
[FR Doc. 2021-22869 Filed 10-19-21; 8:45 am]
BILLING CODE 6750-01-C
