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Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Rules and Regulations
Grid technologies, and better ways to display comparative energy cost information. However, without further commenter input, we do not know how valuable this information would be for consumers, and how easy it would be to convey such information with existing DOE-generated data.
These issues represent a few of many possible issues the Commission could consider in a future proceeding. In weighing any alternatives to the Rule, the Commission would need to ensure any new approach is consistent with its existing authority under EPCA. The Commission must also ensure consumers have access to clear, truthful energy information to assist them in their purchasing decisions while minimizing burdens placed on industry members. Fully evaluating these issues requires a more extensive proceeding focused from the outset at broad issues affecting the Rule in the 21st century.
The Commission also declines to propose amendments to eliminate the current physical labels for central air conditioners and replace them with a smaller label with a QR code or its equivalent linking consumers to online content as AHRI and Goodman recommended. Such substantial changes to the labeling program would require further study and consideration in a future rulemaking proceeding. In the meantime, the updated EnergyGuide label for central air conditioners, which contains both EPCA-mandated energy efficiency ratings and regional standards information for installers, will continue to aid both consumers and industry members.
Finally, the Commission may consider changes to the detailed label requirements e.g., the changes to current label layout and content advocated by Goodman in a future proceeding. Some of the Rules detailed requirements mentioned in the NPRM
may have indeed become obsolete. At the same time, detailed, uniform requirements for consumer labels like the EnergyGuide provide benefits to consumers by presenting information in a format that allows consumers to easily compare products across multiple categories. Moreover, the FTCs online, editable EnergyGuide templates already include all the labels general information in the size, font, and location required by the Rule and thus largely free manufacturers from having to navigate the detailed format requirements.
VI. Paperwork Reduction Act The current Rule contains recordkeeping, disclosure, testing, and reporting requirements that constitute
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information collection requirements as defined by the Paperwork Reduction Act PRA.28 Under the PRA, an agency may not collect or sponsor the collection of information, nor may it impose an information collection requirement, unless it displays a currently valid Office of Management and Budget OMB control number.
OMB has approved the Rules existing information collection requirements through December 31, 2022 OMB
Control No. 30840069.
The amendments include new labeling requirements for portable air conditioners that constitute information collections under the PRA. The Commission submitted these proposed information collections for review by OMB in conjunction with its publication of the NPRM. The Commission received no comments pertaining to its PRA estimates. OMB
has approved these amended information collection requirements under the existing control number for the Rule 30840069.
Burden estimates below are based on Census data, DOE figures and estimates, public comments, general knowledge of manufacturing practices, and trade association advice and figures. The FTC
estimates there are about 150 basic models of portable air conditioners i.e., units with essentially identical physical and electrical characteristics. In addition, FTC staff estimates there are 45 portable air conditioner manufacturers and 1,500,000 portable air conditioner units shipped each year in the U.S.
Reporting: The Rule requires manufacturers of covered products to annually submit 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, manufacturers may submit such information to DOE
directly via the agencys Compliance Certification Management System, available at https regulations.doe.gov/
ccms, as provided by 10 CFR 429.12.
Because manufacturers are already required to submit these reports to DOE, FTC staff estimates any additional burden associated with providing the information to the FTC is minimal. FTC
staff estimates the average reporting burden for manufacturers of portable air conditioners will be approximately 15
hours per manufacturer. Based on this estimate, the annual reporting burden for manufacturers of portable air conditioners is 675 hours 15 hours 45
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manufacturers.29 Staff estimates that information processing staff, at an hourly rate of $16.24,30 will typically perform the required tasks, for an estimated annual labor cost of $10,962.
Labeling: The amendments require that manufacturers label portable air conditioners. The burden imposed by this requirement consists of the time needed to draft labels and incorporate them onto package designs. Since EPCA
and the Rule specify the content and format for the required labels and FTC
staff provide online label templates, manufacturers need only input the energy consumption figures and other product-specific information derived from testing. FTC staff estimates the time to incorporate the required information into labels and label covered products is five hours per basic model. Accordingly, staff estimates that the approximate annual burden involved in labeling covered products is 750 hours 150 basic models 5 hours.
Staff estimates that information processing staff, at an hourly rate of $16.24,31 will typically perform the required tasks, for an estimated annual labor cost of $12,180.
Testing: Manufacturers of portable air conditioners must test each basic model they produce to determine energy usage, but the majority of tests conducted are required by DOE rules. As a result, it is likely only a small portion of the tests conducted are attributable to the Rules requirements. In addition, 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. FTC staff estimates manufacturers will require approximately 36 hours for testing of portable air conditioners,32 and that 25% of all basic models are tested annually due to the Rules requirements.
Accordingly, the estimated annual testing burden for portable air 29 In earlier comments, AHAM 68100012
estimated the data entry involved in filing reports with the FTC is not particularly burdensome, but estimated that other tasks involved in reporting such as performing the required testing and gathering information could take as long as 40
hours per manufacturer. As noted above, however, testing and reporting are required and accounted for in DOE regulations. As a result, staff estimates that the primary burdens associated with reporting are due to DOE requirements.
30 These labor cost estimates are derived from the Bureau of Labor Statistics figures in Table 1.
National employment and wage data from the Occupational Employment Statistics survey by occupation, May 2018, available at: https
www.bls.gov/news.release/ocwage.t01.htm.
31 Id.
32 AHAM estimated manufacturers would require 32 hours per model for testing and up to 4 hours for preparing the test data. AHAM Comment, 681
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