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Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Rules and Regulations rules for portable air conditioners. As detailed in this and previous notices, these products are common in the marketplace, vary in energy efficiency, and use energy similar to, or greater than, currently labeled room air conditioners.21 Further, energy labels for these products are likely to assist consumers with purchasing decisions by allowing them to compare the energy costs of competing models and, consequently, save significantly on their electric bills. In addition, there is no evidence labeling is economically or technologically infeasible i.e., that the costs of labeling substantially outweigh consumer benefits.22
After considering the comments, the Commission adjusts the compliance date to October 1, 2022.23 As some commenters noted, manufacturers have sufficient information to create labels because, pursuant to 42 U.S.C. 6293c, they have been testing their products since 2016 using the DOE procedure to substantiate any energy-related claims including unit capacity for all their models. Therefore, the proposed 2025
compliance date appears to be overly long, particularly given the expected consumer benefits from labeling very low efficiency units prior to the DOE
standards. The Commission, however, understands such packaging changes can take time, particularly where manufacturers must redesign their box labels to accommodate the EnergyGuide.
Accordingly, the final amendments establish an October 2022 compliance date to provide companies ample time to incorporate the label into packaging while getting these labels into the market sooner than originally proposed.
As the Commission has noted in the past, manufacturers generally deploy their lines for these types of products on an annual basis beginning in October of each year.24 The final compliance date, which coincides with the beginning of the model year, will allow manufacturers to incorporate the changes into their normal production schedules with minimal disruption. In addition, the Rule allows manufacturers to incorporate the label into the primary packaging display or affix them to label packaging relieving them from redesigning boxes for models scheduled to be phased out before the 2025
standards.25
The final amendments also contain several other minor changes for the 21 80

FR at 6735758.
80 FR at 67357 and 81 FR at 62683.
manufacturers must include the new label on all units produced on or after that date.
24 83 FR 7593, 7594 Feb. 22, 2018.
25 80 FR 67285, 67293 Nov. 2, 2015.
22 See
23 Specifically,
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portable air conditioner labels in response to comments.26 First, the final Rule requires manufacturers to determine model capacity using the DOE testing requirements specifically applicable to portable air conditioners.
Second, the final amendments contain a small change to the language in 305.18a9 to clarify that the comparative information on the portable air conditioners applies to models of similar capacity only without the various configurations applicable to room air conditioners.27
B. Energy Efficiency Descriptor Transition The final Rule adopts the proposed amendments to require manufacturers to update the efficiency descriptors for central air conditioners to conform to pending DOE changes. The change for all applicable references in Part 305 will become effective on January 1, 2023 to ensure consistency with the new DOE
requirements. To aid the transition, manufacturers may begin using the new information prior to January 1, 2023 in a manner consistent with DOE
guidance. Given the relatively small differences produced by the old and the new rating methods, the amendments do not require dual labels or any additional explanatory information. As indicated in its comments, AHRI is developing a communications campaign to help various entities with the transition to the new descriptors. In addition, as part of the scheduled 2022
update to comparability ranges for all product classes 305.12, the Commission will update ranges in Appendix H and I, as well as applicable numbers and terms on the sample labels in Appendix L.
C. Label Burdens and Electronic Labeling The final amendments do not make any broad changes to the Rule, although commenters recommended a wide array of potential changes. For instance, both AHRI and AHAM recommended a transition away from the current physical label to a system that relies on electronic web-based labels or energy 26 The final amendments also contain minor changes in section 305.27 Paper Catalogs and websites to include references to portable air conditioners.
27 As with the room air conditioner labels, the portable air conditioner labels include the operating assumptions behind the energy cost estimates. In addition, the amendments do not contain requirements related to the need for ducting.
Manufacturers have an incentive to ensure consumers understand how to operate their products properly and should not need a mandate from the FTC to do so. However, should problems arise in the marketplace, the Commission may reconsider such requirements in the future.

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data to aid consumer purchasing decisions. Although these proposals warrant further exploration, such broad issues would require additional rounds of notice and comment to consider and develop. Accordingly, the Commission may consider those proposals during a future proceeding to avoid delay in promulgating the present amendments for portable air conditioner labels and update to efficiency descriptors for central air conditioners.
These broad industry suggestions are part of a larger inquiry about the Rules future, particularly as online information continues to become more prevalent and consumer shopping habits change. EPCAs basic labeling provisions, developed in the 1970s, are predicated upon an understanding that consumers routinely examine and purchase products in retail showrooms with little prior information. Further, to ensure any covered product displayed in a showroom bears a label, the Rule requires manufacturers to affix the label on every unit it produces, apparently based on the expectation that any unit may be displayed in a store.
Over the years, however, buying patterns have changed. Consumers now frequently compare and purchase products without ever visiting a store.
To help consumers in this evolving marketplace, the Commissions revisions in the last several years reflect these new buying patterns. Specifically, the FTC previously updated the Rule with clear requirements that retailers display labels on websites 305.27, for manufacturers to make their labels accessible online 305.9, and for manufacturers to submit links to those labels as part of their routine data reports filed through DOEs CCMS
305.11.
Further amendments may reduce burdens while ensuring energy information is available to consumers.
For instance, the Commission could examine whether the Rule should continue to require manufacturers to affix a display-ready EnergyGuide label on every appliance typically displayed in showrooms. Indeed, only a tiny fraction of units shipped actually appear in retail store displays, while the costs of affixing display-ready labels to all units can impose significant burden. On the other hand, past commenters have noted that consumers use the label affixed to their old product in choosing a new one.
In addition, the Commission could consider changes to the label content to help consumers better compare products and understand issues not currently communicated by the label, such as climate change impacts, Smart
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