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CFR Part: "16 CFR Part 305"
Citation: "78 FR 78305"
Document Number: "3084-AB15"
SUMMARY: The Commission proposes conforming amendments to the Energy Labeling Rule ("Rule") to require a new
EFFECTIVE DATE: Comments must be received by
ADDRESSES: Interested parties may file a comment online or on paper by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write "Television Labels, Matter No. R611004" on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/televisionlabels by following the instructions on the web-based form. If you prefer to file your comment on paper, mail or deliver your comment to the following address:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION: The Commission's Energy Labeling Rule (Rule) (16 CFR Part 305), issued pursuant to the Energy Policy and Conservation Act (EPCA), requires energy labeling for major household appliances and other consumer products to help consumers compare competing models. When first published in 1979, the Rule applied to eight product categories: Refrigerators, refrigerator-freezers, freezers, dishwashers, water heaters, clothes washers, room air conditioners, and furnaces. The Commission has since expanded the Rule's coverage to include central air conditioners, heat pumps, plumbing products, lighting products, ceiling fans, certain types of water heaters, and televisions.
The Rule requires manufacturers to attach yellow EnergyGuide labels on many of these products, and prohibits retailers from removing the labels or rendering them illegible. In addition, the Rule directs sellers, including retailers, to post label information on Web sites and in paper catalogs from which consumers can order products. EnergyGuide labels for covered appliances must contain three key disclosures: Estimated annual energy cost (for most products); a product's energy consumption or energy efficiency rating as determined from
FOOTNOTE 1 Where no "applicable" DOE test exists for televisions, EPCA authorizes the Commission to use "adequate non-
FOOTNOTE 2 16 CFR 305.10. END FOOTNOTE
II. Proposed Amendments
The Commission now proposes conforming amendments to revise the Rule's television testing and reporting requirements in response to a new DOE television test procedure published on
FOOTNOTE 3 42 U.S.C. 6294(c). END FOOTNOTE
When the Commission first issued labeling requirements for televisions in 2011 (76 FR 1038 (
FOOTNOTE 4 For example, the Commission explained in 2011 that "[w]hen DOE completes its own rulemaking to develop a television test procedure for use in that agency's efficiency standards program, the Commission will issue conforming amendments consistent with EPCA's requirements that the labels use information from DOE test procedures when such procedures are available." 76 FR 1038, 1040 (
FOOTNOTE 5 Any energy representation, including those made on a label, for a covered product must fairly reflect the results of a new DOE test procedure 180 days after that test's issuance. See 42 U.S.C. 6293(c)(2). In its
To conform the labeling rule to the new DOE test procedure, the Commission proposes three amendments. First, consistent with EPCA's mandate requiring DOE test procedures for labeling, the Commission plans to remove the Rule's reference to the ENERGY STAR test in section 305.5 and replace it with the DOE procedure. /6/ Second, the Commission proposes a new reporting requirement for televisions consistent with requirements for most other labeled products, such as refrigerators and clothes washers. /7/ Manufacturers may submit their new television data through the DOE's web-based reporting tool, the Compliance and Certification Management System (CCMS). /8/ To ensure that EPCA's 180-day period (i.e.,
FOOTNOTE 6 EPCA gives Commission no discretion to retain the ENERGY STAR procedure. 42 U.S.C. 6294(a)(2)(I). END FOOTNOTE
FOOTNOTE 7 The new DOE test procedure triggers EPCA's reporting provisions, which require manufacturers to submit energy reports to the Commission derived from DOE test procedures for all new models and annually for models in current production. 42 U.S.C. 6296(b)(1) and (4). Consistent with the Rule's required reports for other covered products, the content for the television reports in the proposed amendments include brand name; model number; screen size (diagonal in inches); power (in watts) consumed in on mode, standby-passive mode, in standby-active mode, low mode, and off mode; and annual energy consumption (kWh/year) for each basic model in current production. END FOOTNOTE
FOOTNOTE 8 See https://www.regulations.doe.gov/ccms. END FOOTNOTE
FOOTNOTE 9 Section 305.17 contains the television ranges. END FOOTNOTE
FOOTNOTE 10 See 10 CFR 430.2 and App. H, sec. 1; 78 FR at 63825-63826. The proposed amendments also would delete obsolete
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
FOOTNOTE 12 See id. END FOOTNOTE
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, requires that the Commission provide an Initial Regulatory Flexibility Analysis (IRFA) with a Proposed Rule and a Final Regulatory Flexibility Analysis (FRFA), if any, with the final Rule, unless the Commission certifies that the Rule will not have a significant economic impact on a substantial number of small entities. /13/
FOOTNOTE 13 5 U.S.C. 603-605. END FOOTNOTE
The Commission does not anticipate that the Proposed Rule will have a significant economic impact on a substantial number of small entities. Consistent with past analysis (76 FR at 1049), the Commission estimates that these new requirements will apply to about 30 product manufacturers. Out of these companies, the Commission expects that no manufactures qualify as small businesses. /14/ Furthermore, the Commission does not expect that the requirements specified in the Proposed Rule will have a significant impact on these entities. In addition, the Commission does not expect that the label design and other requirements specified in the Proposed Rule will have a significant economic impact on these entities.
FOOTNOTE 14 See also 78 FR at 63838 (DOE's conclusion that no television manufacturers qualify as small businesses). END FOOTNOTE
Accordingly, this document serves as notice to the
A. Description of the Reasons That Action by the Agency Is Being Taken
The Commission is proposing amendments to conform the Rule to a recently published DOE test procedure for televisions.
B. Statement of the Objectives of, and Legal Basis for, the Proposed Rule
The objective of the Proposed Rule is to provide television energy use information to consumers. EPCA provides the Commission with authority to require energy disclosures for televisions and other consumer electronics.
C. Small Entities To Which the Proposed Rule Will Apply
Under the Small Business Size Standards issued by the
D. Projected Reporting, Recordkeeping, and Other Compliance Requirements
The Commission recognizes that the proposed rule will involve some increased costs related to reporting these products, and maintaining test records. All of these burdens and the skills required to comply are discussed in the previous section of this document, regarding the Paperwork Reduction Act, and there should be no difference in that burden as applied to small businesses. The Commission invites comment and information on these issues.
E. Duplicative, Overlapping, or Conflicting Federal Rules
The Commission has not identified any other federal statutes, rules, or policies that would duplicate, overlap, or conflict with the Proposed Rule. The Commission invites comment and information on this issue.
F. Significant Alternatives to the Proposed Rule
The Commission seeks comment and information on the need, if any, for alternative compliance methods that would reduce the economic impact of the Rule on such small entities. As one alternative to reduce burden, the Commission could delay the proposed Rule's reporting date to provide additional time for small business compliance. If the comments filed in response to this Notice identify small entities that would be affected by the Rule, as well as alternative methods of compliance that would reduce the economic impact of the Rule on such entities, the Commission will consider the feasibility of such alternatives and determine whether they should be incorporated into the final rule.
V. Request for Comments
You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before
Because your comment will be made public, you are solely responsible for making sure that your comment does not include any sensitive personal information, such as anyone's
If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you have to follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c). Your comment will be kept confidential only if the FTC General Counsel, in his or her sole discretion, grants your request in accordance with the law and the public interest.
Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at https://ftcpublic.commentworks.com/ftc/televisionlabels, by following the instruction on the web-based form. If this Notice appears at http://www.regulations.gov, you also may file a comment through that Web site.
If you file your comment on paper, write "Television Labels, Matter No. R611004" on your comment and on the envelope, and mail or deliver it to the following address:
Visit the Commission Web site at http://www.ftc.gov to read this NPRM and the news release describing it. The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding, as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before
Because written comments appear adequate to present the views of all interested parties, the Commission has not scheduled an oral hearing regarding these proposed amendments. Interested parties may request an opportunity to present views orally. If such a request is made, the Commission will publish a document in the
VI. Communications by Outside Parties to the Commissioners or
Written communications and summaries or transcripts of oral communications respecting the merits of this proceeding, from any outside party to any Commissioner or Commissioner's advisor, will be placed on the public record. See 16 CFR 1.26(b)(5).
List of Subjects in 16 CFR Part 305
Advertising, Energy conservation, Household appliances, Labeling, reporting and recordkeeping requirements.
Proposed Rule Language
For the reasons set out above, the Commission proposes to amend 16 CFR Part 305 as follows:
PART 305--ENERGY AND WATER USE LABELING FOR CONSUMER PRODUCTS UNDER THE ENERGY POLICY AND CONSERVATION ACT ("ENERGY LABELING RULE")
1. The authority citation for Part 305 continues to read as follows:
Authority: 42 U.S.C. 6294.
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(y) Television means a product that is designed to produce dynamic video, contains an internal TV tuner encased within the product housing, and is capable of receiving dynamic visual content from wired or wireless sources including but not limited to:
(1) Broadcast and similar services for terrestrial, cable, satellite, and/or broadband transmission of analog and/or digital signals; and/or
(2) Display-specific data connections, such as HDMI, Component video, Svideo, Composite video; and/or
(3) Media storage devices such as a USB flash drive, memory card, or a DVD; and/or
(4) Network connections, usually using Internet Protocol, typically carried over Ethernet or Wi-Fi.
(z) The requirements of this part are limited to those televisions for which the
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(d) Representations for ceiling fans under
(a)(1) Except as provided in paragraphs (a)(2) through (4) of this section, each manufacturer of a covered product subject to the disclosure requirements of this part and subject to
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(3) Manufacturers of televisions shall submit annually a report containing the brand name; model number; screen size (diagonal in inches); power (in watts) consumed in on mode, standby-passive mode, in standby-active mode, low mode, and off mode; and annual energy consumption (kWh/year) for each basic model in current production. The report should also include a starting serial number, date code, or other means of identifying the date of manufacture with the first submission for each basic model. In lieu of submitting the required information to the Commission as required by this section, manufacturers may submit such information to the
(4) This section does not require reports for general service light-emitting diode (LED or OLED) lamps.
(b)(1) All data required by
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By direction of the Commission.
[FR Doc. 2013-30633 Filed 12-24-13;
BILLING CODE 6750-01-P
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