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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
3084AB15

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 Commissions website, www.ftc.gov.
FOR FURTHER INFORMATION CONTACT:
Hampton Newsome 2023262889, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Room CC9528, 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.
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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 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. 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 Rules 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.
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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 1320.3c, 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 6 AHRI is a trade association representing central air conditioner manufacturers.
7 The comments are posted at regulations.gov.
8 Two industry commenters AHRI 00300031
and Goodman 00300032 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 Wilsons 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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