Agency Information Collection Activities; Proposed Collection; Comment Request; Extension, 84330-84333 [2023-26602]
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Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Notices
available for at least five years after the
initial disclosure date.
Respondents: The FR WW panel
comprises covered companies, as
defined above. Certain requirements
apply only to covered holding and
nonbank companies.
Total estimated number of
respondents: 21.
Total estimated change in burden:
(446).
Total estimated annual burden hours:
2,483.1
Board of Governors of the Federal Reserve
System, November 29, 2023.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.
[FR Doc. 2023–26584 Filed 12–4–23; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Extension
Federal Trade Commission.
Notice.
AGENCY:
ACTION:
In accordance with the
Paperwork Reduction Act of 1995
(‘‘PRA’’), the Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’) is seeking
public comment on its proposal to
extend for an additional three years the
clearance from the Office of
Management and Budget (‘‘OMB’’) for
information collection requirements in
the Energy Labeling Rule (‘‘Rule’’). That
clearance expires on February 29, 2024.
DATES: Comments must be filed by
February 5, 2024.
ADDRESSES: Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Energy Labeling Rule,
PRA Comment, P145403,’’ on your
comment, and file your comment online
at https://www.regulations.gov by
following the instructions on the webbased form. If you prefer to file your
comment on paper, 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.
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SUMMARY:
1 More detailed information regarding this
collection, including more detailed burden
estimates, can be found in the OMB Supporting
Statement posted at https://www.federalreserve.gov/
apps/reportingforms/home/review. On the page
displayed at the link, you can find the OMB
Supporting Statement by referencing the collection
identifier, FR WW.
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16:35 Dec 04, 2023
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FOR FURTHER INFORMATION CONTACT:
Hampton Newsome, Attorney, Division
of Enforcement, Bureau of Consumer
Protection, Federal Trade Commission,
hnewsome@ftc.gov, (202) 326–2889.
SUPPLEMENTARY INFORMATION:
Title of Collection: Energy Labeling
Rule (Rule), 16 CFR part 305.
OMB Control Number: 3084–0069.
Type of Review: Extension without
change of currently approved collection.
Affected Public: Private Sector:
Businesses and other for-profit entities.
Estimated Annual Burden Hours:
821,651.
Estimated Annual Labor Costs:
24,690,012.
Estimated Annual Non-labor Costs:
$3,000,000.
Abstract: The Energy Labeling Rule
implements the Energy Policy and
Conservation Act of 1975 (‘‘EPCA’’).1
The Rule establishes testing, reporting,
recordkeeping, and labeling
requirements for manufacturers of major
household products (refrigerators,
refrigerator-freezers, and freezers;
dishwashers; clothes washers; water
heaters; room air conditioners; furnaces;
central air conditioners; heat pumps;
pool heaters; fluorescent lamp ballasts;
lamp products; plumbing fittings;
plumbing fixtures; ceiling fans;
consumer specialty lamps; and
televisions). The requirements relate
specifically to the disclosure of
information relating to energy
consumption and water usage. The
Rule’s testing and disclosure
requirements enable consumers
purchasing products to compare the
efficiency or energy use of competing
models. In addition, EPCA and the Rule
require manufacturers to submit
relevant data to the Commission
regarding energy or water usage in
connection with the products they
manufacture. The Commission uses this
data to compile ranges of comparability
for covered appliances for publication
in the Federal Register. These
submissions, along with required
records for testing data, may also be
used in enforcement actions involving
alleged misstatements on labels or in
advertisements.
As required by section 3506(c)(2)(A)
of the PRA, 44 U.S.C. 3506(c)(2)(A), the
FTC is providing this opportunity for
public comment before requesting that
OMB extend the existing clearance for
the information collection requirements
contained in the Rule.
Burden Estimates
Estimated annual hours burden:
821,651.
1 42
PO 00000
U.S.C. 6294.
Frm 00034
Fmt 4703
Sfmt 4703
The estimated hours burden imposed
by Section 324 of EPCA and the
Commission’s Rule include burdens for
testing (693,320 hours); reporting (2,646
hours); recordkeeping (807 hours);
labeling (112,272 hours); retail and
online catalog disclosures (6,800 hours);
and online label posting (5,806 hours).
The total burden for these activities is
821,651 hours (rounded to the nearest
hour).
The following estimates of the time
needed to comply with the requirements
of the Rule are based on census data,
Department of Energy figures and
estimates, general knowledge of
manufacturing practices, and industry
input and figures. Because the
compliance burden falls almost entirely
on manufacturers and importers (with a
de minimis burden for retailers), burden
estimates are calculated on the basis of
the number of domestic manufacturers
and/or the number of units shipped
domestically in the various product
categories.
A. Testing
Under the Rule, manufacturers of
covered products must test each basic
model they produce to determine energy
usage (or, in the case of plumbing
fixtures, water consumption). The
burden imposed by this requirement is
determined by the number of basic
models produced, the average number
of units tested per model, and the time
required to conduct the applicable test.
Manufacturers need not subject each
basic model to testing annually; they
must retest only if the product design
changes in such a way as to affect
energy consumption. The staff estimates
that the proportion of models tested
each year ranges roughly between 10%
and 50% and that the actual percentage
of basic models tested varies by
appliance category. In addition, the
majority of tests conducted are required
by Department of Energy requirements;
therefore, it is likely that only a small
portion of the tests conducted is
attributable to the Rule’s requirements.
Accordingly, the burden estimates are
based on the assumption that 25% of all
basic models are tested annually due to
the Rule’s requirements. Thus, the
estimated testing burden for the various
categories of products covered by the
Rule is as follows: 2
2 The following numbers reflect estimates of the
basic models in the market and test burdens based
on information collected by the Department of
Energy or other sources. The actual basic model
numbers will vary from year to year.
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Percentage of
models tested
(FTC required)
Avg. number
of units tested
per model
Labor hours
per unit tested
Total annual
testing burden
hours
9,703
1,350
1,364
3,936
1,844
5,894
11,911
280
494
20,000
3,000
45,111
9,572
3,274
548
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
4
4
4
2
4
2
2
2
4
10
2
1
3
2
4
4
1
2
24
8
8
24
12
3
8
2
.0833
1
2
8
38,812
1,350
2,728
47,232
14,752
23,576
142,932
1,680
1,482
400,000
3,000
939
7,179
3,274
4,384
........................
........................
........................
........................
693,320
Number of
basic models
Category of manufacturer
Refrigerators, Refrigerator-freezers, and Freezers .............
Dishwashers .........................................................................
Clothes washers ..................................................................
Water heaters ......................................................................
Room air conditioners ..........................................................
Furnaces ..............................................................................
Central A/C and Heat pumps ..............................................
Pool heaters .........................................................................
Fluorescent lamp ballasts ....................................................
Lamp products .....................................................................
Plumbing fittings ...................................................................
Plumbing fixtures .................................................................
Ceiling fans ..........................................................................
Televisions ...........................................................................
Portable air conditioners ......................................................
B. Reporting
The Rule requires that manufacturers
of covered products ‘‘shall submit
annually a report for each model in
current production containing the same
information that must be submitted to
the Department of Energy pursuant to 10
CFR part 429. In lieu of submitting the
required information to the Commission
as required by this section,
manufacturers may submit such
information to the Department of Energy
via the CCMS at https://
regulations.doe.gov/ccms as provided
by 10 CFR 429.12.’’ 16 CFR 305.11. The
Rule also requires manufacturers to
furnish links to images of their
EnergyGuide labels as part of these
required annual reports. 16 CFR 305.11.
Manufacturers must submit data to the
FTC both when they begin
manufacturing new models and
annually. 16 CFR 305.11; 42 U.S.C.
6296(b).
Reporting burden estimates are based
on information from industry
representatives. Manufacturers of some
products, such as appliances and HVAC
equipment, indicate that, for them, the
reporting burden is best measured by
the estimated time required to report on
each model manufactured, while others,
such as makers of fluorescent lamp
ballasts and lamp products, state that an
estimated number of annual burden
hours by manufacturer is a more
meaningful way to measure. The figures
below reflect these different
methodologies as well as the varied
burden hour estimates provided by
manufacturers of the different product
categories that use the latter
methodology.
Appliances, HVAC Equipment, Pool
Heaters, and Televisions
manufacturers is approximately two
minutes per basic model. Based on this
estimate, multiplied by a total of 49,676
basic models of these products, the
annual reporting burden for the
appliance, HVAC equipment, and pool
heater industry is an estimated 1,656
hours (2 minutes × 49,676 models ÷ 60
minutes per hour).
Fluorescent Lamp Ballasts, Lamp
Products, and Plumbing Products
The total annual reporting burden for
manufacturers of fluorescent lamp
ballasts, lamp products, and plumbing
fixtures is based on the estimated
average annual burden for each category
of manufacturers, multiplied by the
number of manufacturers in each
respective category, as shown below:
Staff estimates that the average
reporting burden for these
Category of manufacturer
Annual burden
hours per
manufacturer
Number of
manufacturers
6
15
1
20
50
120
Fluorescent lamp ballasts ............................................................................................................
Lamp products .............................................................................................................................
Plumbing products .......................................................................................................................
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The total reporting burden for
industries covered by the Rule is 2,646
hours annually (1,656 + 120 + 750 +
120).
of manufacturers for fluorescent lamp
ballasts, lamp products, and plumbing
products.
C. Recordkeeping
Appliances, HVAC Equipment, Pool
Heaters, and Televisions
EPCA and the Rule require
manufacturers to keep the data
generated from the tests required by the
Rule. As with reporting, burden is
calculated by number of models for
appliances, HVAC equipment, pool
heaters, and televisions, and by number
The recordkeeping burden for
manufacturers of appliances, HVAC
equipment, pool heaters, and televisions
varies directly with the number of tests
performed. Staff estimates total
recordkeeping burden to be
approximately 207 hours for these
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Total annual
reporting
burden hours
120
750
120
manufacturers, based on an estimated
average of one minute per record stored
(whether in electronic or paper format),
multiplied by 12,419 tests 3 performed
annually (1 × 12,419 ÷ 60 minutes per
hour).
Fluorescent Lamp Ballasts, Lamp
Products, and Plumbing Products
The total annual recordkeeping
burden for manufacturers of fluorescent
3 This is derived from 25% of 49,676 estimated
models that are tested.
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Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Notices
lamp ballasts, lamp products, and
plumbing fixtures is based on the
estimated average annual burden for
each category of manufacturers (derived
from industry sources), multiplied by
Category of manufacturer
the number of manufacturers in each
respective category, as shown below:
Annual burden
hours per
manufacturer
Number of
manufacturers
Total annual
recordkeeping
burden hours
2
10
0.5
20
50
120
40
500
60
Fluorescent lamp ballasts ............................................................................................................
Lamp products .............................................................................................................................
Plumbing fixtures .........................................................................................................................
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The total recordkeeping burden for
industries covered by the Rule is 807
hours annually (207 + 40 + 500 + 60).
D. Labeling
EPCA and the Rule require that
manufacturers of covered products
provide certain information to
consumers through labels on covered
products. The burden imposed by this
requirement consists of (1) the time
needed to prepare labels, and (2) the
time needed to affix required labels.
EPCA and the Rule specify the
content, format, and specifications for
the required labels, so manufacturers
need only add the energy consumption
figures derived from testing. In addition,
most companies use automation to
generate labels, and the labels do not
change from year to year.
Given these considerations, staff
estimates that the time to prepare labels
for covered products (all covered
products except plumbing and
fluorescent lamp products, which do
not have separate labels) is no more
than four minutes per basic model. In
addition, staff estimates that, on
average, manufacturers draft or revise
labels for 25% of the total basic models
each year. Based on Department of
Energy data, staff has estimated that
manufacturers offer approximately
69,676 basic models of covered
products. Based on these estimates, staff
estimates that the approximate annual
drafting burden involved in labeling
covered products is 1,161 hours per year
[69,676 (all basic models) × 25% × four
minutes (drafting time per basic model)
÷ 60 (minutes per hour)].
Based on input from industry
representatives and trade associations,
staff estimates that it takes
approximately 4 seconds to affix labels
to products for retail sales.4 Based on an
average of 4 seconds per unit, the
annual burden for affixing labels to
covered products is 111,111 hours [4
4 Estimates from trade association members for
labeling costs ranged from 1 second to 8 seconds.
Staff has chosen a middle-ground estimate of 4
seconds, although due to improvements in
automation, staff believes this estimate likely
overstates the time spent labeling most covered
products.
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(seconds) × 100,000,000 (the estimated
number of total products shipped for
sale annually) divided by 3,600
(seconds per hour)].5
The total labeling burden for all
industries covered by the Rule is
112,272 (1,161 + 111,111) annually.
E. Online and Retail Sales Catalog
Disclosures
The Rule requires that sellers offering
covered products online or through
retail sales catalogs (i.e., those
publications from which a consumer
can order merchandise) disclose online
or in the catalog energy or water
consumption for each covered product.
Because this information is supplied by
the product manufacturers, the burden
on the retailer consists of incorporating
the information into the online or
catalog presentation.
In the past, staff has estimated that
there are 100 sellers who offer covered
products through paper retail catalogs.
While the Rule initially imposed a
burden on catalog sellers by requiring
that they draft disclosures and
incorporate them into the layouts of
their catalogs, paper catalog sellers now
have substantial experience with the
Rule and its requirements. Energy and
water consumption information has
obvious relevance to consumers, so
sellers are likely to disclose much of the
required information with or without
the Rule. Accordingly, given the small
number of catalog sellers, their
experience with incorporating energy
and water consumption data into their
catalogs, and the likelihood that many
of the required disclosures would be
made in the ordinary course of business,
staff believes that any burden the Rule
imposes on these paper catalog sellers
would be minimal.
Staff estimates that there are
approximately 400 online sellers of
covered products who are subject to the
Rule’s catalog disclosure requirements.
Staff estimates that these online sellers
each require approximately 17 hours per
5 Includes only those product categories, such as
showroom appliances and heating and cooling
equipment, that must have separate labels affixed
to them.
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
year to incorporate the data into their
online catalogs. This estimate is based
on the assumption that entry of the
required information takes 1 minute per
covered product and an assumption that
the average online catalog contains
approximately 1,000 covered products
(based on a sampling of websites of
affected retailers). Given that there is a
great variety among sellers in the
volume of products they offer online, it
is very difficult to estimate such volume
with precision. In addition, this analysis
assumes that information for all 1,000
products is entered into the catalog each
year. This assumption likely overstates
the associated burden because the
number of incremental additions to the
catalog from year to year is likely to be
much lower after initial start-up efforts
have been completed. The total catalog
disclosure burden for all industries
covered by the Rule is 6,800 hours (400
sellers × 17 hours annually).
F. Online Label Posting
The Rule require manufacturers to
post images of their EnergyGuide and
Lighting Facts labels online. Given
approximately 69,676 total models
(excluding plumbing and fluorescent
lamp products, which do not have these
labels) at an estimated five minutes per
model, this requirement entails a
burden of 5,806 hours.
Estimated annual cost burden:
$24,690,012 in labor costs and
$3,000,000 in other non-labor costs.
Labor costs: Staff derived labor costs
by applying estimated mean hourly cost
figures to the burden hours described
above. In calculating the cost figures,
staff assumes that test procedures are
conducted by engineering technicians at
an hourly rate of $32.10, and that
recordkeeping and reporting, and
labeling and marking, generally are
performed by data entry personnel at an
hourly rate of $18.97.6
6 These labor cost estimates are derived from the
Bureau of Labor Statistics (‘‘BLS’’) figures in ‘‘Table
1. National employment and wage data from the
Occupational Employment and Wage Statistics
survey by occupation, May 2022,’’ available at
https://www.bls.gov/news.release/ocwage.t01.htm.
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Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Notices
Burden hours
per year
Activity
Testing .......................................................................
Reporting ...................................................................
Recordkeeping ...........................................................
Labeling .....................................................................
Online and Catalog disclosures .................................
Online Label Posting .................................................
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Capital or Other Non-Estimated nonlabor cost: $3,000,000.
Manufacturers must incur the cost of
procuring labels used in compliance
with the Rule. Based on estimates of
100,000,000 units shipped annually, at
an average cost of three cents for each
label, the total (rounded) labeling cost is
$3,000,000.
Request for Comment
Pursuant to Section 3506(c)(2)(A) of
the PRA, the FTC invites comments on:
(1) whether the disclosure and
recordkeeping requirements are
necessary, including whether the
information will be practically useful;
(2) the accuracy of our burden estimates,
including whether the methodology and
assumptions used are valid; (3) ways to
enhance the quality, utility, and clarity
of the information to be collected; and
(4) ways to minimize the burden of the
collection of information.
For the FTC to consider a comment,
we must receive it on or before February
5, 2024. Your comment, including your
name and your state, will be placed on
the public record of this proceeding,
including the https://
www.regulations.gov website.
You can file a comment online or on
paper. Due to heightened security
screening, postal mail addressed to the
Commission will be subject to delay. We
encourage you to submit your comments
online through the https://
www.regulations.gov website.
If you file your comment on paper,
write ‘‘Energy Labeling Rule, PRA
Comment, P145403,’’ on your comment
and on the envelope, and mail it to the
following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW, Suite
CC–5610 (Annex J), Washington, DC
20580. If possible, submit your paper
comment to the Commission by
overnight service.
Because your comment will become
publicly available 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
VerDate Sep<11>2014
17:57 Dec 04, 2023
Jkt 262001
Wage category/mean hourly rate
693,320
2,646
807
112,272
6,800
5,806
Engineering technicians ($32.10) ..............................
Data Entry/Information Processing ($18.97) .............
Data Entry/Information Processing ($18.97) .............
Data Entry/Information Processing ($18.97) .............
Data Entry/Information Processing ($18.97) .............
Data Entry/Information Processing ($18.97) .............
$22,255,572
50,195
15,309
2,129,800
128,996
110,140
........................
....................................................................................
24,690,012
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 that 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 ‘‘trade secret or any
commercial or financial information
which . . . is privileged or
confidential’’—as provided by 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 (1) be filed in paper
form, (2) be clearly labeled
‘‘Confidential,’’ and (3) 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 your comment 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 that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before February 5, 2024. For information
PO 00000
Total annual
labor cost
Frm 00037
Fmt 4703
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on the Commission’s privacy policy,
including routine uses permitted by the
Privacy Act, see https://www.ftc.gov/
site-information/privacy-policy.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2023–26602 Filed 12–4–23; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Notice of Closed Meeting
Pursuant to section 5 U.S.C. 1009(d),
notice is hereby given of the following
meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), title 5 U.S.C.,
as amended, and the Determination of
the Director, Office of Strategic Business
Initiatives, Office of the Chief Operating
Officer, CDC, pursuant to Public Law
92–463. The grant applications and the
discussions could disclose confidential
trade secrets or commercial property
such as patentable material, and
personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: Disease,
Disability, and Injury Prevention and
Control Special Emphasis Panel (SEP)–
RFA–PS–24–063 Minority HIV Research
Initiative (MARI): Epidemiologic,
Behavioral, and Implementation Science
Research in Racial/Ethnic Minority
Communities Disproportionately
Affected by HIV and Build Research
Capacity Among Historically
Underrepresented Researchers.
Date: February 22–23, 2024.
Time: 10 a.m.–5 p.m., EST.
Place: Videoconference.
Agenda: To review and evaluate grant
applications.
FOR FURTHER INFORMATION CONTACT:
Seraphine A. Pitt Barnes, Ph.D., MPH,
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]]>Agencies
[Federal Register Volume 88, Number 232 (Tuesday, December 5, 2023)]
[Notices]
[Pages 84330-84333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26602]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request; Extension
AGENCY: Federal Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995
(``PRA''), the Federal Trade Commission (``FTC'' or ``Commission'') is
seeking public comment on its proposal to extend for an additional
three years the clearance from the Office of Management and Budget
(``OMB'') for information collection requirements in the Energy
Labeling Rule (``Rule''). That clearance expires on February 29, 2024.
DATES: Comments must be filed by February 5, 2024.
ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``Energy Labeling Rule,
PRA Comment, P145403,'' on your comment, and file your comment 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 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.
FOR FURTHER INFORMATION CONTACT: Hampton Newsome, Attorney, Division of
Enforcement, Bureau of Consumer Protection, Federal Trade Commission,
[email protected], (202) 326-2889.
SUPPLEMENTARY INFORMATION:
Title of Collection: Energy Labeling Rule (Rule), 16 CFR part 305.
OMB Control Number: 3084-0069.
Type of Review: Extension without change of currently approved
collection.
Affected Public: Private Sector: Businesses and other for-profit
entities.
Estimated Annual Burden Hours: 821,651.
Estimated Annual Labor Costs: 24,690,012.
Estimated Annual Non-labor Costs: $3,000,000.
Abstract: The Energy Labeling Rule implements the Energy Policy and
Conservation Act of 1975 (``EPCA'').\1\ The Rule establishes testing,
reporting, recordkeeping, and labeling requirements for manufacturers
of major household products (refrigerators, refrigerator-freezers, and
freezers; dishwashers; clothes washers; water heaters; room air
conditioners; furnaces; central air conditioners; heat pumps; pool
heaters; fluorescent lamp ballasts; lamp products; plumbing fittings;
plumbing fixtures; ceiling fans; consumer specialty lamps; and
televisions). The requirements relate specifically to the disclosure of
information relating to energy consumption and water usage. The Rule's
testing and disclosure requirements enable consumers purchasing
products to compare the efficiency or energy use of competing models.
In addition, EPCA and the Rule require manufacturers to submit relevant
data to the Commission regarding energy or water usage in connection
with the products they manufacture. The Commission uses this data to
compile ranges of comparability for covered appliances for publication
in the Federal Register. These submissions, along with required records
for testing data, may also be used in enforcement actions involving
alleged misstatements on labels or in advertisements.
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\1\ 42 U.S.C. 6294.
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As required by section 3506(c)(2)(A) of the PRA, 44 U.S.C.
3506(c)(2)(A), the FTC is providing this opportunity for public comment
before requesting that OMB extend the existing clearance for the
information collection requirements contained in the Rule.
Burden Estimates
Estimated annual hours burden: 821,651.
The estimated hours burden imposed by Section 324 of EPCA and the
Commission's Rule include burdens for testing (693,320 hours);
reporting (2,646 hours); recordkeeping (807 hours); labeling (112,272
hours); retail and online catalog disclosures (6,800 hours); and online
label posting (5,806 hours). The total burden for these activities is
821,651 hours (rounded to the nearest hour).
The following estimates of the time needed to comply with the
requirements of the Rule are based on census data, Department of Energy
figures and estimates, general knowledge of manufacturing practices,
and industry input and figures. Because the compliance burden falls
almost entirely on manufacturers and importers (with a de minimis
burden for retailers), burden estimates are calculated on the basis of
the number of domestic manufacturers and/or the number of units shipped
domestically in the various product categories.
A. Testing
Under the Rule, manufacturers of covered products must test each
basic model they produce to determine energy usage (or, in the case of
plumbing fixtures, water consumption). The burden imposed by this
requirement is determined by the number of basic models produced, the
average number of units tested per model, and the time required to
conduct the applicable test.
Manufacturers need not subject each basic model to testing
annually; they must retest only if the product design changes in such a
way as to affect energy consumption. The staff estimates that the
proportion of models tested each year ranges roughly between 10% and
50% and that the actual percentage of basic models tested varies by
appliance category. In addition, the majority of tests conducted are
required by Department of Energy requirements; therefore, it is likely
that only a small portion of the tests conducted is attributable to the
Rule's requirements. Accordingly, the burden estimates are based on the
assumption that 25% of all basic models are tested annually due to the
Rule's requirements. Thus, the estimated testing burden for the various
categories of products covered by the Rule is as follows: \2\
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\2\ The following numbers reflect estimates of the basic models
in the market and test burdens based on information collected by the
Department of Energy or other sources. The actual basic model
numbers will vary from year to year.
[[Page 84331]]
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Percentage of Avg. number of Labor hours Total annual
Category of manufacturer Number of models tested units tested per unit testing burden
basic models (FTC required) per model tested hours
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Refrigerators, Refrigerator- 9,703 25 4 4 38,812
freezers, and Freezers.........
Dishwashers..................... 1,350 25 4 1 1,350
Clothes washers................. 1,364 25 4 2 2,728
Water heaters................... 3,936 25 2 24 47,232
Room air conditioners........... 1,844 25 4 8 14,752
Furnaces........................ 5,894 25 2 8 23,576
Central A/C and Heat pumps...... 11,911 25 2 24 142,932
Pool heaters.................... 280 25 2 12 1,680
Fluorescent lamp ballasts....... 494 25 4 3 1,482
Lamp products................... 20,000 25 10 8 400,000
Plumbing fittings............... 3,000 25 2 2 3,000
Plumbing fixtures............... 45,111 25 1 .0833 939
Ceiling fans.................... 9,572 25 3 1 7,179
Televisions..................... 3,274 25 2 2 3,274
Portable air conditioners....... 548 25 4 8 4,384
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.............. .............. .............. .............. 693,320
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B. Reporting
The Rule requires that manufacturers of covered products ``shall
submit annually a report for each model in current production
containing the same information that must be submitted to the
Department of Energy pursuant to 10 CFR part 429. In lieu of submitting
the required information to the Commission as required by this section,
manufacturers may submit such information to the Department of Energy
via the CCMS at https://regulations.doe.gov/ccms as provided by 10 CFR
429.12.'' 16 CFR 305.11. The Rule also requires manufacturers to
furnish links to images of their EnergyGuide labels as part of these
required annual reports. 16 CFR 305.11. Manufacturers must submit data
to the FTC both when they begin manufacturing new models and annually.
16 CFR 305.11; 42 U.S.C. 6296(b).
Reporting burden estimates are based on information from industry
representatives. Manufacturers of some products, such as appliances and
HVAC equipment, indicate that, for them, the reporting burden is best
measured by the estimated time required to report on each model
manufactured, while others, such as makers of fluorescent lamp ballasts
and lamp products, state that an estimated number of annual burden
hours by manufacturer is a more meaningful way to measure. The figures
below reflect these different methodologies as well as the varied
burden hour estimates provided by manufacturers of the different
product categories that use the latter methodology.
Appliances, HVAC Equipment, Pool Heaters, and Televisions
Staff estimates that the average reporting burden for these
manufacturers is approximately two minutes per basic model. Based on
this estimate, multiplied by a total of 49,676 basic models of these
products, the annual reporting burden for the appliance, HVAC
equipment, and pool heater industry is an estimated 1,656 hours (2
minutes x 49,676 models / 60 minutes per hour).
Fluorescent Lamp Ballasts, Lamp Products, and Plumbing Products
The total annual reporting burden for manufacturers of fluorescent
lamp ballasts, lamp products, and plumbing fixtures is based on the
estimated average annual burden for each category of manufacturers,
multiplied by the number of manufacturers in each respective category,
as shown below:
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Annual burden Total annual
Category of manufacturer hours per Number of reporting
manufacturer manufacturers burden hours
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Fluorescent lamp ballasts....................................... 6 20 120
Lamp products................................................... 15 50 750
Plumbing products............................................... 1 120 120
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The total reporting burden for industries covered by the Rule is
2,646 hours annually (1,656 + 120 + 750 + 120).
C. Recordkeeping
EPCA and the Rule require manufacturers to keep the data generated
from the tests required by the Rule. As with reporting, burden is
calculated by number of models for appliances, HVAC equipment, pool
heaters, and televisions, and by number of manufacturers for
fluorescent lamp ballasts, lamp products, and plumbing products.
Appliances, HVAC Equipment, Pool Heaters, and Televisions
The recordkeeping burden for manufacturers of appliances, HVAC
equipment, pool heaters, and televisions varies directly with the
number of tests performed. Staff estimates total recordkeeping burden
to be approximately 207 hours for these manufacturers, based on an
estimated average of one minute per record stored (whether in
electronic or paper format), multiplied by 12,419 tests \3\ performed
annually (1 x 12,419 / 60 minutes per hour).
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\3\ This is derived from 25% of 49,676 estimated models that are
tested.
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Fluorescent Lamp Ballasts, Lamp Products, and Plumbing Products
The total annual recordkeeping burden for manufacturers of
fluorescent
[[Page 84332]]
lamp ballasts, lamp products, and plumbing fixtures is based on the
estimated average annual burden for each category of manufacturers
(derived from industry sources), multiplied by the number of
manufacturers in each respective category, as shown below:
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Annual burden Total annual
Category of manufacturer hours per Number of recordkeeping
manufacturer manufacturers burden hours
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Fluorescent lamp ballasts....................................... 2 20 40
Lamp products................................................... 10 50 500
Plumbing fixtures............................................... 0.5 120 60
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The total recordkeeping burden for industries covered by the Rule
is 807 hours annually (207 + 40 + 500 + 60).
D. Labeling
EPCA and the Rule require that manufacturers of covered products
provide certain information to consumers through labels on covered
products. The burden imposed by this requirement consists of (1) the
time needed to prepare labels, and (2) the time needed to affix
required labels.
EPCA and the Rule specify the content, format, and specifications
for the required labels, so manufacturers need only add the energy
consumption figures derived from testing. In addition, most companies
use automation to generate labels, and the labels do not change from
year to year.
Given these considerations, staff estimates that the time to
prepare labels for covered products (all covered products except
plumbing and fluorescent lamp products, which do not have separate
labels) is no more than four minutes per basic model. In addition,
staff estimates that, on average, manufacturers draft or revise labels
for 25% of the total basic models each year. Based on Department of
Energy data, staff has estimated that manufacturers offer approximately
69,676 basic models of covered products. Based on these estimates,
staff estimates that the approximate annual drafting burden involved in
labeling covered products is 1,161 hours per year [69,676 (all basic
models) x 25% x four minutes (drafting time per basic model) / 60
(minutes per hour)].
Based on input from industry representatives and trade
associations, staff estimates that it takes approximately 4 seconds to
affix labels to products for retail sales.\4\ Based on an average of 4
seconds per unit, the annual burden for affixing labels to covered
products is 111,111 hours [4 (seconds) x 100,000,000 (the estimated
number of total products shipped for sale annually) divided by 3,600
(seconds per hour)].\5\
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\4\ Estimates from trade association members for labeling costs
ranged from 1 second to 8 seconds. Staff has chosen a middle-ground
estimate of 4 seconds, although due to improvements in automation,
staff believes this estimate likely overstates the time spent
labeling most covered products.
\5\ Includes only those product categories, such as showroom
appliances and heating and cooling equipment, that must have
separate labels affixed to them.
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The total labeling burden for all industries covered by the Rule is
112,272 (1,161 + 111,111) annually.
E. Online and Retail Sales Catalog Disclosures
The Rule requires that sellers offering covered products online or
through retail sales catalogs (i.e., those publications from which a
consumer can order merchandise) disclose online or in the catalog
energy or water consumption for each covered product. Because this
information is supplied by the product manufacturers, the burden on the
retailer consists of incorporating the information into the online or
catalog presentation.
In the past, staff has estimated that there are 100 sellers who
offer covered products through paper retail catalogs. While the Rule
initially imposed a burden on catalog sellers by requiring that they
draft disclosures and incorporate them into the layouts of their
catalogs, paper catalog sellers now have substantial experience with
the Rule and its requirements. Energy and water consumption information
has obvious relevance to consumers, so sellers are likely to disclose
much of the required information with or without the Rule. Accordingly,
given the small number of catalog sellers, their experience with
incorporating energy and water consumption data into their catalogs,
and the likelihood that many of the required disclosures would be made
in the ordinary course of business, staff believes that any burden the
Rule imposes on these paper catalog sellers would be minimal.
Staff estimates that there are approximately 400 online sellers of
covered products who are subject to the Rule's catalog disclosure
requirements. Staff estimates that these online sellers each require
approximately 17 hours per year to incorporate the data into their
online catalogs. This estimate is based on the assumption that entry of
the required information takes 1 minute per covered product and an
assumption that the average online catalog contains approximately 1,000
covered products (based on a sampling of websites of affected
retailers). Given that there is a great variety among sellers in the
volume of products they offer online, it is very difficult to estimate
such volume with precision. In addition, this analysis assumes that
information for all 1,000 products is entered into the catalog each
year. This assumption likely overstates the associated burden because
the number of incremental additions to the catalog from year to year is
likely to be much lower after initial start-up efforts have been
completed. The total catalog disclosure burden for all industries
covered by the Rule is 6,800 hours (400 sellers x 17 hours annually).
F. Online Label Posting
The Rule require manufacturers to post images of their EnergyGuide
and Lighting Facts labels online. Given approximately 69,676 total
models (excluding plumbing and fluorescent lamp products, which do not
have these labels) at an estimated five minutes per model, this
requirement entails a burden of 5,806 hours.
Estimated annual cost burden: $24,690,012 in labor costs and
$3,000,000 in other non-labor costs.
Labor costs: Staff derived labor costs by applying estimated mean
hourly cost figures to the burden hours described above. In calculating
the cost figures, staff assumes that test procedures are conducted by
engineering technicians at an hourly rate of $32.10, and that
recordkeeping and reporting, and labeling and marking, generally are
performed by data entry personnel at an hourly rate of $18.97.\6\
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\6\ These labor cost estimates are derived from the Bureau of
Labor Statistics (``BLS'') figures in ``Table 1. National employment
and wage data from the Occupational Employment and Wage Statistics
survey by occupation, May 2022,'' available at https://www.bls.gov/news.release/ocwage.t01.htm.
[[Page 84333]]
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Burden hours Total annual
Activity per year Wage category/mean hourly rate labor cost
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Testing..................................... 693,320 Engineering technicians $22,255,572
($32.10).
Reporting................................... 2,646 Data Entry/Information 50,195
Processing ($18.97).
Recordkeeping............................... 807 Data Entry/Information 15,309
Processing ($18.97).
Labeling.................................... 112,272 Data Entry/Information 2,129,800
Processing ($18.97).
Online and Catalog disclosures.............. 6,800 Data Entry/Information 128,996
Processing ($18.97).
Online Label Posting........................ 5,806 Data Entry/Information 110,140
Processing ($18.97).
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.............. ............................... 24,690,012
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Capital or Other Non-Estimated non-labor cost: $3,000,000.
Manufacturers must incur the cost of procuring labels used in
compliance with the Rule. Based on estimates of 100,000,000 units
shipped annually, at an average cost of three cents for each label, the
total (rounded) labeling cost is $3,000,000.
Request for Comment
Pursuant to Section 3506(c)(2)(A) of the PRA, the FTC invites
comments on: (1) whether the disclosure and recordkeeping requirements
are necessary, including whether the information will be practically
useful; (2) the accuracy of our burden estimates, including whether the
methodology and assumptions used are valid; (3) ways to enhance the
quality, utility, and clarity of the information to be collected; and
(4) ways to minimize the burden of the collection of information.
For the FTC to consider a comment, we must receive it on or before
February 5, 2024. Your comment, including your name and your state,
will be placed on the public record of this proceeding, including the
https://www.regulations.gov website.
You can file a comment online or on paper. Due to heightened
security screening, postal mail addressed to the Commission will be
subject to delay. We encourage you to submit your comments online
through the https://www.regulations.gov website.
If you file your comment on paper, write ``Energy Labeling Rule,
PRA Comment, P145403,'' on your comment and on the envelope, and mail
it to the following address: Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex J),
Washington, DC 20580. If possible, submit your paper comment to the
Commission by overnight service.
Because your comment will become publicly available 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 that 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 ``trade secret or any commercial or financial
information which . . . is privileged or confidential''--as provided by
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 (1) be filed in paper form, (2) be clearly labeled
``Confidential,'' and (3) 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
your comment 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 that the Commission administers permit
the collection of public comments to consider and use in this
proceeding as appropriate. The Commission will consider all timely and
responsive public comments that it receives on or before February 5,
2024. 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.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2023-26602 Filed 12-4-23; 8:45 am]
BILLING CODE 6750-01-P
