Federal Register - June 2, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules Issued in Washington, DC, on May 25, 2021.
George Gonzalez, Acting Manager, Rules and Regulations Group.
FR Doc. 202111422 Filed 6121; 8:45 am BILLING CODE 491013P
FEDERAL TRADE COMMISSION
16 CFR Part 305
3084AB15
Energy Labeling Rule Federal Trade Commission.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Federal Trade Commission FTC or Commission proposes updates to comparability ranges and sample labels for central air conditioners in the Energy Labeling Rule Rule.
DATES: Comments must be received on or before August 2, 2021.
ADDRESSES: Interested parties may file a comment online or on paper, by following the instructions in the Comment Submissions part of the SUPPLEMENTARY INFORMATION section below. Write CAC Range Updates 16
CFR part 305 Matter No. R611004 on your comment, and file it online at https www.regulations.gov, by following the instructions on the webbased form. If you prefer to file your comment on paper, mail it to: Federal Trade Commission, Office of the Secretary, Suite CC5610 Annex J, 600
Pennsylvania Avenue NW, Washington, DC 20580; or deliver your comment to:
Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 Annex J, Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Hampton Newsome 2023262889, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Energy Labeling Rule The Commission issued the Energy Labeling Rule Rule in 1979,1
pursuant to the Energy Policy and Conservation Act of 1975 EPCA.2
The Rule requires energy labeling for 1 44
FR 66466 Nov. 19, 1979.
U.S.C. 6294. EPCA also requires the Department of Energy DOE to develop test procedures that measure how much energy appliances use, and to determine the representative average cost a consumer pays for different types of energy.
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major home appliances and other consumer products to help consumers compare the energy usage and costs of competing models. It also contains labeling requirements for refrigerators, refrigerator-freezers, freezers, dishwashers, water heaters, clothes washers, room and portable air conditioners, furnaces, central air conditioners, heat pumps, plumbing products, lighting products, ceiling fans, and televisions.
The Rule requires manufacturers to attach yellow EnergyGuide labels to many of the covered products and prohibits retailers from removing these labels or rendering them illegible. In addition, it directs sellers, including retailers, to post label information on websites and in paper catalogs from which consumers can order products.
EnergyGuide labels for most covered products contain three main disclosures: Estimated annual energy cost, a products 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 Rules reporting requirements.3
II. Proposed Updated Ranges for Central Air Conditioners The Commission proposes to update the comparability ranges for central air conditioners to ensure manufacturers have information available for the upcoming transition to new efficiency descriptors required by DOE. On February 12, 2021 86 FR 9274, the Commission published conforming Rule amendments reflecting new DOE
efficiency descriptors on central air conditioner labels to ensure the Rules consistency with DOE requirements, which become effective on January 1, 2023.4 In the February Rule, the Commission stated it would update ranges in appendices H and I, and the sample labels in appendix L, once new efficiency numbers became available.
The Commission now proposes to amend the range tables appendices H
and I and sample labels in the Rule appendix L using new information from the Air-Conditioning, Heating, &
3 16
CFR 305.10.
2017, DOE announced changes to the rating methods and associated efficiency descriptors for central air conditioners e.g., from Seasonal Energy Efficiency Ratio SEER to Seasonal Energy Efficiency Ratio 2 SEER2. 82 FR 1786 Jan. 6, 2017; and 82 FR 24211 May 26, 2017.
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Refrigeration Institute AHRI and DOE
staff input.5 As the Commission stated in its February 2021 Rule 86 FR at 9279, manufacturers may begin using the new range information prior to January 1, 2023, in a manner consistent with DOE guidance once the FTC issues the final updates to appendices H and I.
III. Paperwork Reduction Act The current Rule contains recordkeeping, disclosure, testing, and reporting requirements that constitute information collection requirements as defined by 5 CFR 1320.3c, the definitional provision within the Office of Management and Budget OMB
regulations that implement the Paperwork Reduction Act PRA. OMB
has approved the Rules existing information collection requirements through December 31, 2022 OMB
Control No. 30840069. The proposed amendments do not change the substance or frequency of the recordkeeping, disclosure, or reporting requirements and, therefore, do not require further OMB clearance.
IV. Regulatory Flexibility Act The Regulatory Flexibility Act RFA, 5 U.S.C. 601612, requires that the Commission conduct an analysis of the anticipated economic impact of the proposed amendment on small entities.
The RFA requires that the Commission provide an Initial Regulatory Flexibility Analysis IRFA with a proposed rule unless the Commission certifies that the rule will not have a significant economic impact on a substantial number of small entities. 5 U.S.C. 605.
As explained elsewhere in this document, the proposed amendments merely update the Rules 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. 605b, that the proposed amendments will not have a significant economic impact on a substantial number of small entities.
5 AHRI is a trade association representing central air conditioner manufacturers.
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