29533 Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules 
144 FR 66466 (Nov. 19, 1979). 
242 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. 316 CFR 305.10. 
4In 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). 
5AHRI is a trade association representing central 
air conditioner manufacturers. Issued in Washington, DC, on May 25, 
2021. 
George Gonzalez, Acting Manager, Rules and Regulations 
Group. 
[FR Doc. 2021–11422 Filed 6–1–21; 8:45 am] 
BILLING CODE 4910–13–P 
FEDERAL TRADE COMMISSION 
16 CFR Part 305 
[3084–AB15] 
Energy Labeling Rule 
AGENCY : Federal Trade Commission. 
ACTION : Notice of proposed rulemaking. 
SUMMARY : 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 web- based form. If you prefer to file your comment on paper, mail it to: Federal Trade Commission, Office of the Secretary, Suite CC–5610 (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 (202–326–2889), Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. 
SUPPLEMENTARY INFORMATION : 
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 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 product’s 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 Rule’s 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 Rule’s consistency with DOE requirements, which become effective on January 1, 2023.
4In 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, & Refrigeration Institute (AHRI) and DOE 
staff input.
5As 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 1320.3(c), the definitional provision within the Office 
of Management and Budget (OMB) regulations that implement the Paperwork Reduction Act (PRA). OMB has approved the Rule’s existing information collection requirements through December 31, 2022 (OMB Control No. 3084–0069). 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. 601–612, 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 Rule’s 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. 605(b)), that the proposed amendments will not have a significant economic impact on a substantial number of small entities. 
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V. Communications by Outside Parties 
to the Commissioners or Their Advisors 
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). 
VI. Comment Submissions 
You can file a comment online or on 
paper. For the FTC to consider your 
comment, we must receive it on or before August 2, 2021. Write ‘‘CAC Range Updates (16 CFR part 305) (Matter No. R611004)’’ on your comment. Your comment, including your name and your state, will be placed on the public record of this proceeding, including, to the extent practicable, on the https://www.regulations.gov website. 
Because of the public health 
emergency in response to the COVID–19 outbreak and the agency’s heightened security screening, postal mail addressed to the Commission will be subject to delay. We strongly encourage you to submit your comment online through the https://www.regulations.gov website. To ensure the Commission considers your online comment, please follow the instructions on the web- based form. 
If you file your comment on paper, 
write ‘‘CAC Range Updates (16 CFR part 305) (Matter No. R611004)’’ on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC–5610 (Annex J), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex J), Washington, DC 20024. If possible, please submit your paper comment to the Commission by courier or overnight 
service. 
Because your comment will be placed 
on the publicly accessible website at https://www.regulations.gov, you are 
solely responsible for making sure that your comment does not include any sensitive or confidential information. In particular, your comment should not include any sensitive personal information, such as your or anyone else’s Social Security number; date of birth; driver’s license number or other state identification number, or foreign country equivalent; passport number; financial account number; or credit or debit card number. You are also solely responsible for making sure your comment does not include any sensitive health information, such as medical records or other individually identifiable health information. In addition, your comment should not include any ‘‘[t]rade secret or any commercial or financial information which . . . is privileged or 
confidential’’—as provided in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. 
Comments containing material for 
which confidential treatment is requested must be filed in paper form, must be clearly labeled ‘‘Confidential,’’ and must comply with FTC Rule § 4.9(c). In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 
§ 4.9(c). Your comment will be kept confidential only if the General Counsel grants your request in accordance with the law and the public interest. Once your comment has been posted publicly at www.regulations.gov, we cannot redact or remove it unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule § 4.9(c), and the General Counsel grants that request. 
The FTC Act and other laws 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 it receives on or before August 2, 2021. For information on the Commission’s privacy policy, including routine uses permitted by the Privacy Act, see https://www.ftc.gov/site- information/privacy-policy. 
VII. Other Matters 
Pursuant to the Congressional Review 
Act (5 U.S.C. 801 et seq.), the Office of 
Information and Regulatory Affairs designated this rule as not a ‘‘major rule,’’ as defined by 5 U.S.C. 804(2). 
Proposed Rule Language List of Subjects in 16 CFR Part 305 
Advertising, Energy conservation, 
Household appliances, Labeling, 
Reporting and recordkeeping requirements. 
For the reasons stated above, the 
Commission proposes to amend part 305 of title 16 of the Code of Federal Regulations 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. 
■2. Revise appendix H to part 305 to 
read as follows: 
Appendix H to Part 305—Cooling 
Performance for Central Air Conditioners 
Manufacturer’s rated cooling capacity 
(btu’s/hr) Range of SEER2’s 
Low High 
Single Package Units 
Central Air Conditioners (Cooling Only): All capacities ........................................................................ ................... 13.4 19 
Heat Pumps (Cooling Function): All capacities .................................................................................. ..................... 13.4 19 
Split System Units 
Central Air Conditioner models allowed only in northern states (listed in § 305.20(g)(13)) (Cooling Only): All ca-
pacities ....................................................................................................................... .......................................... 13.4 27 
Central Air Conditioner models allowed in all states (Cooling Only): 
All capacities ................................................................................................................. .................................... 13.8 27 
Heat Pumps (Cooling Function): All capacities .................................................................................. .............. 14.3 42 
Small-duct, high-velocity Systems .............................................................................................. ............................. 12 15 
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Manufacturer’s rated cooling capacity 
(btu’s/hr) Range of SEER2’s 
Low High 
Space-Constrained Products 
Central Air Conditioners (Cooling Only): All capacities ........................................................................ ................... 11.7 13.7 
Heat Pumps (Cooling Function): All capacities .................................................................................. ..................... 11.9 13.8 
■3. Revise appendix I to part 305 to 
read as follows: Appendix I to Part 305—Heating 
Performance and Cost for Central Air Conditioners 
Manufacturer’s rated heating capacity 
(btu’s/hr.) Range of HSPF2’s 
Low High 
Single Package Units 
Heat Pumps (Heating Function): All capacities .................................................................................. ..................... 6.7 8.4 
Split System Units 
Heat Pumps (Heating Function): All capacities .................................................................................. ..................... 7.5 14.6 
Small-duct, high-velocity Systems .............................................................................................. ............................. 6.1 7.5 
Space-Constrained Products 
Heat Pumps (Heating Function): All capacities .................................................................................. ..................... 6.3 6.5 
■4. Amend appendix L to part 305 by 
revising Prototype Label 3, Prototype Label 4, Sample Label 7, and Sample 
Label 8 to read as follows: Appendix L to Part 305—Sample Labels 
* * * * * 
BILLING CODE 6750–01–P 
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EP02JN21.000</GPH>jbell on DSKJLSW7X2PROD with PROPOSALS10 pt. ----1• U.S. Government Federal law prohibits removal of this label before consumer purchase. -illl--- 9 pt. 
Arial Narrow 
10/12----4~ CentralAirConditioner 
Anal Narrow Bold Cooling Only 
Single Package 
1 pt. rule----4- .. ·r-------------, XYZ Corporation 
ModelNH65 
Capacity: 59,000Btu/h Arial Narrow 
...... __ 10/12 
Arial Narrow Bold 
19 pl.----4--1~ 
Arial Narrow Bold Efficiency Rating (SEER2)*-4'-------+---- 12p1. 
Arial Narrow Bold 
38 pt.Arial Bold----+--1 ►14 ■ 4 12 pt. triangle 
3 pt. rule :W' 2 pt. rule d; 1 For energy cost info, visit ◄H----12114 ,... f Arial Narrow 10 pt Arial Narrow Bold ----+--I ► 22_3 productin o.energy.gov 
8/9.6Arial Narrow ----+---1 ► Least Efficient Most Efflclent 
11 pt. Arial Narrow ----+--+---. Range of Similar Models 
8112 Arial Narrow • Seasonal Energy Efficiency Ratio 2 
18 pt. Arial Narrow Bold----+--1 ► Notice 
14116.BArial Narrow Federal law allows this unit to be installed only in: 
bold where indicated 
Mll----+-1 ►~~~~~~~~~ 
Arial Narrow HI, ID, IL, IA, IN, KS, KY, LA, MA, ME, 
MD, Ml, MN, MO, MS, MT, NC, ND, 
NE, NH, NJ, NY, OH, OK, OR, PA, RI, 
SC, SD, TN, TX, UT, VA, VT, WA, WV, 
WI, WY, and U.S. territories. 
Federal law prohibits installation of this unit in other states. B Installation allowed 
11 pt.Arial Narrow ----+--- ► 
10 P'-----1-.­
Arial Narrow Bold Energy Efficiency Ratio 2 (EER2): Thisunrt"sEER2 is 10.5. ◄I---------+---- 8 pt. 
Arial Narrow 
Prototype Label 3 -Single-Package Central Air Conditioner 29537 Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules 
* * * * * 
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EP02JN21.001</GPH>jbell on DSKJLSW7X2PROD with PROPOSALS10 pt--- ► U.S. Government 
Arial Narrow Federal law prohibits removal of this label before consumer purchase. -4111--- 9 pt. 
10/12---1• Heat Pump 
Arial Narrow Bold Cooling and Heating 
Split System 
1 pl rule•----1--a ► Cooling Arial Narrow 
XYZCmporatlon --1----10/12 
Model 6645 Arial Narrow Bold 
Heating Capacity 26,000 Btu/h 
Cooling Capacity 25,000 Btu/11 
·A19na!2f2Na-rrow-Bo-l_d~~- ► Efficiency Rating (SEER2)* -4--------+---12pt. 
Arial NarrowBold 
~1Bold 14.3-16.0 
7 pt. triangle W 2pt. rule .. , __ .._ _______ _ 
iOptArial Narrow Bold 14.3 42.0 
8/9.6 Arial Narrow Least Efficient P,lost Efficient 
11 pt. Arial Narrow Range of Similar Models 
8/12 Arial Narrow • Seasonal Eneigy Ellicie!tcY Ratio2 
Heating 
Efficiency Rating (HSPF2)* 
8.6-10.0 
r--.' 
7.5 
leao!Efficienl 14.6 
MostEfficient 
Range of Similar Models 
• Heating Seasonal Pellormanca Facfur 2. 
Prototype Label 4 -Split-system Heat Pump ...-,, This system's 
efficiency ratings depend 
on the coil your contractor 
installs with this unit The 
heating efficiency rating 
varies slighUy in different 
geographic regions. Ask 
your contractor for detail!!; --I---- 12/14 
Arial Narrow 
Forenergy cosfirifu, visit ◄t-1---- 12114 
productinfo.energy.gov Arial Narrow 29538 Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules 
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EP02JN21.002</GPH>jbell on DSKJLSW7X2PROD with PROPOSALSU.S. Government Federal law prohibits removal of this label before consumer purchase. 
Central Air Conditioner 
Cooling Only 
Split System 
Efficiency Rating (SEER2)* 
14.1 
~ 
13.4 
Least Efficient 27.0 
Most Efficient 
Range of Similar Models 
• Seasonal Energy Efficiency Ratio 2 
Notice XYZ Corporation 
Model NH65 
For energy cost info, visit 
productinfo.energy.gov 
• Your air conditioner's efficiency 
rating may be better depending on 
the coil your contractor installs. 
Federal law allows this unit to be installed only in: 
AK, CO, CT, ID, IL, IA, IN, KS, MA, 
ME, Ml, MN, MO, MT, ND, NE, NH 
NJ, NY, OH, OR, PA, RI, SD, UT, VT 
WA, WV, WI, WY, and U.S. territories. 
Federal law prohibits installation of this unit in other states. 
Energy Efficiency Ratio 2 (EER2): This unit's EER2 is 11.6. 
Sample Label 7 -Split-system Central Air Conditioner II Installation allowed 29539 Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules 
1See 81 FR 62861 (Sept. 12, 2016) (seeking 
comment on proposed amendments regarding portable air conditioners, ceiling fans, and electric 
water heaters); 84 FR 9261 (Mar. 14, 2019) (proposing amendments to organize the Rule’s product descriptions); 85 FR 20218 (Apr. 10, 2020) (seeking comment on proposed amendments regarding central and portable air conditioners). 
BILLING CODE 6750–01–C 
* * * * * 
By direction of the Commission. 
April J. Tabor, 
Secretary. 
Note: The following statement will not 
appear in the Code of Federal Regulations. Dissenting Statement of Commissioner 
Christine S. Wilson 
Today the Commission announces required 
changes to the Energy Labeling Rule but 
makes no other changes to the Rule. Since 2015, the Commission has sought comment 
on provisions of this Rule at least three times, and has made numerous amendments.
1This piecemeal approach has clarified the Rule’s 
requirements—and I appreciate FTC staff’s efforts to keep this Rule clear and current— 
but the Commission can and should do more. For the reasons described below, I dissent. 
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Heat Pump 
Cooling and Heating 
Split System 
Cooling 
Efficiency Rating (SEER2)* 
14.3-16.0 
w 
I 
14.3 
Least Efficient 42.0 
Most Efficient 
Range of Similar Models 
• Seasonal Energy Efficiency Ratio 2 
Heating 
Efficiency Rating (HSPF2)* 
8.6-10.0 • • 
7.5 
Least Efficient 14.6 
Most Efficient 
Range of Similar Models 
• Heating Seasonal Performance Factor 2 
Sample Label 8 -Split-system Heat Pump XVZ Corporation 
Model 6645 
Heating Capacity 26,000 Btu/h 
Cooling Capacity 25,000 Btu/h 
~ This system's 
efficiency ratings depend 
on the coil your contractor 
installs with this unit. The 
heating efficiency rating 
varies slightly in different 
geographic regions. Ask 
your contractor for details. 
For energy cost info, visit 
productinfo.energy .gov 29540 Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules 
2See Dissenting Statement of Commissioner 
Christine S. Wilson on the Notice of Proposed 
Rulemaking: Energy Labeling Rule (Dec. 10, 2018) (expressing my view that the Commission should seek comment on the prescriptive labeling requirements), https://www.ftc.gov/public- 
statements/2018/12/dissenting-statement- commissioner-christine-s-wilson-notice-proposed; See Dissenting Statement of Commissioner 
Christine S. Wilson on the Notice of Proposed Rulemaking: Energy Labeling Rule (Oct. 22, 2019) (urging the Commission to seek comment on the labeling requirements), https://www.ftc.gov/system/ files/documents/public_ statements/1551786/ 
r611004_ wilson_ dissent_ energy_ labeling_ rule.pdf. 
3See 16 CFR 305.13 and 305.20. 
4See, e.g., Timothy J. Muris, Paper: Will the 
FTC’s Success Continue?, George Mason Law & Economics No. 18 (Sept. 24, 2018) (discussing the successes and failures of the FTC’s enforcement efforts including the aggressive rulemaking activities in the 1970s), available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3254294; Timothy J. Muris, Rules Without 
Reason, AEI J. on Gov’t and Society (Sept/Oct. 1982) (describing failed FTC rulemaking proceedings), available at: https://www.cato.org/ sites/cato.org/files/serials/files/regulation/1982/9/ v6n5-4.pdf; Teresa Schwartz, Regulating Unfair 
Practices Under The FTC Act: The Need For a Legal Standard of Unfairness, 11 Akron Law Rev. 1 (1978) (explaining that the judicial reversals of FTC regulations resulted from a failure to establish an adequate legal basis for the regulations), available at: https://ideaexchange.uakron.edu/ 
akronlawreview/vol11/iss1/1/. 
5See Concurring Statement of Commissioner 
Christine S. Wilson, Amplifier Rule (Dec. 17, 2020), https://www.ftc.gov/system/files/documents/ public_ statements/1585038/csw_ amplifier_ rule_
stmt_ 11192020.pdf; Dissenting Statement of 
Commissioner Christine S. Wilson on the Notice of Proposed Rulemaking: Energy Labeling Rule (Dec. 10, 2018), https://www.ftc.gov/public-statements/ 2018/12/dissenting-statement-commissioner- christine-s-wilson-notice-proposed. 
616 CFR 402, https://www.ftc.gov/sites/default/ 
files/documents/federal_ register_ notices/trade- 
regulation-rule-concerning-deception-non- prismatic-and-partially-prismatic-instruments- being/950523non-prismatic.pdf. 
716 CFR 413.3(c), https://www.ftc.gov/sites/ 
default/files/documents/federal_ register_ notices/ 
trade-regulation-rule-deceptive-advertising-and- labeling-size-tablecloths-and-related-products-16/ 950523advertisingandlabelingasto.pdf. 816 CFR 247, https://www.ftc.gov/sites/default/ 
files/documents/federal_ register_ notices/guides- 
luggage-and-related-products-industry-guides-shoe- content-labeling-and-advertising-and-guides/ 950918luggageandrelatedproducts.pdf. 
9See Concurring Statement of Commissioner 
Christine S. Wilson on the Notice of Proposed Rulemaking: Energy Labeling Rule (Mar. 20, 2020), https://www.ftc.gov/system/files/documents/ public_ statements/1569815/r611004_ wilson_
statement_ energy_ labeling.pdf. 
10See, e.g., Air-Conditioning, Heating and 
Refrigeration Institute (AHRI) Comment (#33–09), available at: https://www.regulations.gov/ document?D=FTC-2020-0033-0009; Association of 
Home Appliance Manufacturers (AHAM) Comment (#33–04), available at: https://www.regulations.gov/ document?D=FTC-2020-0033-0004; Goodman 
Manufacturing Comment (#33–08), available at: https://www.regulations.gov/document?D=FTC- 2020-0033-0008. 
11See Dissenting Statement of Commissioner 
Christine S. Wilson on Notice of Proposed Rulemaking: Energy Labeling Rule (Dec. 22, 2020), https://www.ftc.gov/system/files/documents/ public_ statements/1585242/commission_ wilson_
dissenting_ statement_ energy_ labeling_ rule_ final12- 
22-2020revd2.pdf. I have repeatedly urged the Commission2 
to seek comment on the more prescriptive 
aspects of this Rule. As I have noted in prior statements, the Rule includes highly prescriptive requirements detailing the trim size dimensions for labels, including the precise width (between 5
1⁄4″ to 51⁄2″) and 
length (between 73⁄8″ and 75⁄8″); the number 
of picas for the copy set (between 27 and 29); the type style (Arial) and setting; the weight of the paper stock on which the labels are printed (not less than 58 pounds per 500 sheets or equivalent); and a suggested minimum peel adhesive capacity of 12 ounces per square inch.
3For example, the 
label example attached to the Rule specifies not only the categories of information to be displayed, but also the precise font and point size in which that information is to be printed. For example, the cooling efficiency number must appear in 38 pt. Arial Narrow Bold. And while the phrase ‘‘US Government’’ at the top must be printed in 10 pt. Arial Narrow, the text next to it that reads ‘‘Federal law prohibits removal of this label before consumer purchase’’ must be printed in 9 pt. Arial Narrow. See Attachment 1 (Labeling Requirements). 
The Energy Labeling Rule exemplifies the 
era in which it was created. The FTC promulgated the Rule in the 1970s, an era when the agency was engaged in prolific and highly prescriptive rulemaking.
4As I have noted previously,5no area of commerce was 
too straightforward or mundane to escape the 
Commission’s notice: 
•The Trade Regulation Rule concerning 
Deception as to Non-Prismatic and Partially Prismatic Instruments Being Prismatic Binoculars
6addressed failures to disclose 
‘‘instruments having bulges on the tubes which simulate prismatic instruments are not prismatic instruments or do not contain complete prism systems’’ and provided detailed definitions of six types of binoculars and field glasses. 
•The Trade Regulation Rule concerning 
Failure to Disclose that Skin Irritation May Result from Washing or Handling Glass Fiber Curtains and Draperies included a Commission conclusion that ‘‘the failure to disclose that skin irritation may result from body contact with glass fiber drapery and curtain fabrics, and clothing or other articles which have been washed with such glass fiber products or in containers previously used for washing such products when that container has not been cleansed of glass particles, has the capacity and tendency to mislead and deceive purchasers and prospective purchasers and to divert business from competitors whose products may be washed or handled without the resulting irritation.’’
7 
•The Guides for the Ladies’ Handbag 
Industry addressed the use of the terms 
‘‘scuffproof,’’ ‘‘scratchproof,’’ ‘‘scuff resistant,’’ and ‘‘scratch resistant;’’ representations that a product is colored, finished or dyed with aniline dye or 
otherwise dyed, embossed, grained, processed, finished or stitched in a certain manner; and required disclosures to be made with respect to a product’s composition.
8 
In March 2020, we sought comment on 
some of the more prescriptive provisions of the Energy Labeling Rule
9and received 
many interesting and thoughtful comments.10 
Rather than act on these comments or proposals, though, the Commission chose to finalize only proposals necessary to conform to Department of Energy changes.
11Again 
today, the Commission chooses to make minor changes necessary for conformity but fails to conduct a full review of the Rule to consider removing all dated and prescriptive provisions, and to consider the recent comments suggesting changes. 
The Commission last conducted a full 
review of the Energy Labeling Rule in 2015. Under our 10-year regulatory review schedule, the next review is scheduled for 2025. Nothing, however, prevents the Commission from conducting this review now. I again urge the Commission to act on the comments we received last year, eliminate the more prescriptive aspects of the Rule, and maximize the positive impact of this Rule for consumers. If we are statutorily mandated to maintain this Rule, we should endeavor to make it beneficial for consumers 
and competition. 
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[FR Doc. 2021–11498 Filed 6–1–21; 8:45 a.m.] 
BILLING CODE 6750–01–P 
ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 121 
[EPA–HQ–OW–2021–0302; FRL–10023–97– 
OW] 
Notice of Intention To Reconsider and 
Revise the Clean Water Act Section 401 Certification Rule 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Notice of intent. 
SUMMARY : In accordance with Protecting 
Public Health and the Environment and Restoring Science to Tackle the Climate Crisis (Executive Order 13990), the U.S. Environmental Protection Agency (EPA) announces its intention to reconsider and revise the Clean Water Act Section 
401 Certification Rule. In addition, EPA will initiate a series of stakeholder outreach sessions and invite written feedback on how to revise the requirements for water quality certifications under the Clean Water Act. EPA intends to revise the Clean Water Act Section 401 Certification Rule in a manner that is well informed by stakeholder input on the rule’s substantive and procedural components; is better aligned with the cooperative federalism principles that have been central to the effective implementation of the Clean Water Act; and is responsive to the national objectives outlined in President Biden’s Executive Order 13990. 
DATES : Written feedback must be 
received on or before August 2, 2021. 
ADDRESSES : You may send written 
feedback, identified by Docket ID No. EPA–HQ–OW–2021–0302, by any of the 
following methods: 
•Federal eRulemaking Portal: 
https://www.regulations.gov/ (our 
preferred method). Follow the online instructions for submitting written feedback. 
•Email: OW-Docket@epa.gov. 
Include Docket ID No. EPA–HQ–OW– 2021–0302 in the subject line of the message. 
Instructions: All submissions received 
must include the Docket ID Number. Written feedback received may be posted without change to https://www.regulations.gov/, including any 
personal information provided. Out of an abundance of caution for members of the public and our staff, the EPA Docket Center and Reading Room are closed to the public, with limited exceptions, to reduce the risk of transmitting COVID– 19. Our Docket Center staff will continue to provide remote customer service via email, phone, and webform. 
VerDate Sep<11>2014 17:35 Jun 01, 2021 Jkt 253001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\02JNP1.SGM 02JNP1
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