Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Proposed Rules 9261 

1 44 FR 66466 (Nov. 19, 1979). 

2 42 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. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 by removing Class E 

airspace extending upward from 700 

feet above the surface at Morgan City, 

LA. 

The FAA is proposing this action due 

to the cancellation of the standard 

instrument approach procedures at the 

heliport making the airspace no longer 

necessary. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.11C, dated August 13, 2018, 

and effective September 15, 2018, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, would not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11C, 

Airspace Designations and Reporting 

Points, dated August 13, 2018, and 

effective September 15, 2018, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth 

* * * * * 

ASW LA E5 Morgan City, LA [Removed] 

Issued in Fort Worth, Texas, on March 7, 

2019. 

Thomas Lattimer, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2019–04639 Filed 3–13–19; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 305 

[3084–AB15] 

Energy Labeling Rule 

AGENCY: Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commission proposes 

amending the Energy Labeling Rule 

(‘‘Rule’’) to make the Rule easier to use 

by reorganizing several sections, 

amending language to increase clarity, 

and eliminating several obsolete 

provisions. The proposed amendments 

have no substantive impact on the 

Rule’s requirements. The Commission 

seeks comment regarding the proposed 

amendments and invites any 

suggestions to improve the Rule’s 

format, organization, and clarity. 

DATES: Comments must be received by 

April 15, 2019. 

ADDRESSES: Interested parties may file a 

comment online or on paper: 

• Online: Write ‘‘Energy Labeling 

Reorganization, Matter No. R611004’’ on 

your comment, and file your comment 

at https://ftcpublic.commentworks.com/ 

ftc/energylabeling by following the 

instructions on the web-based form. 

• Paper: Write ‘‘Energy Labeling 

Reorganization, Matter No. R611004’’ on 

your comment, and mail your comment 

to the following address: Federal Trade 

Commission, Office of the Secretary, 

600 Pennsylvania Avenue NW, Suite 

CC–5610 (Annex B), 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 B), 

Washington, DC 20024. 

See the Instructions for Submitting 

Comments part of the SUPPLEMENTARY

INFORMATION section below for 

additional information. 

FOR FURTHER INFORMATION CONTACT: 

Hampton Newsome (202–326–2889), 

Attorney, Division of Enforcement, 

Bureau of Consumer Protection, Federal 

Trade Commission, Room CC–9528, 600 

Pennsylvania Avenue NW, Washington, 

DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Background 

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 competing models. It also 

contains labeling requirements for 

refrigerators, refrigerator-freezers, 

freezers, dishwashers, water heaters, 

clothes washers, room 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 key disclosures: 

e\Estimated annual energy cost, a 

product’s energy consumption or energy 

efficiency rating as determined by DOE 

test procedures, and a comparability 

range displaying the highest and lowest 

energy costs or efficiency ratings for all 

similar models. The Rule requires 

marketers to use national average costs 

for applicable energy sources (e.g., 

9262 Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Proposed Rules 

3 16 CFR 305.10. 

4To supplement the amendatory instructions at 

the end of this Notice, the FTC staff has posted a 

redline version of the Rule on the FTC website. See 

this version on the comment page for this 

proceeding at https://www.ftc.gov/policy/publiccomments/2018/12/initiative-791. 

5The four proposed product category sections 

are: § 305.3 (Description of appliances and 

consumer electronics), § 305.4 (Description of 

furnaces and central air conditioners), § 305.5 

(Description of lighting products), and § 305.6 

(Description of plumbing products). 

6The revised sections include: § 305.13 (Layout, 

format, and placement of labels for all products), 

§ 305.14 (Label content for refrigerators, refrigeratorfreezers, and freezers); § 305.15 (Label content for 

clothes washers), § 305.16 (Label content for 

dishwashers), § 305.17 (Label content for water 

heaters), § 305.18 (Label content for room air 

conditioners), and § 305.19 (Label content for pool 

heaters). The amendments would renumber but 

otherwise retain the current labeling sections for 

heating and cooling equipment, ceiling fans, 

lighting products, plumbing products, and 

televisions. 

7The proposed amendments also remove an 

obsolete provision related to industry petitions for 

revised energy representations made in response to 

new or amended DOE test procedures. At the time 

of the Rule’s initial publication, the Commission 

had responsibility for reviewing such petitions 

under EPCA. However, DOE has that responsibility 

under the current statute, making this particular 

provision no longer operable. See 42 U.S.C. 

6293(c)(3). 

electricity, natural gas, oil) as calculated 

by DOE in all cost calculations. 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 Amendments 

As the Commission has added new 

products and provisions to the Rule 

over the past several decades, some 

sections have become lengthy and 

difficult to navigate. To improve the 

Rule’s organization and clarity, the 

Commission proposes several changes.4

First, the proposed amendments 

divide current section 305.3 

(Description of covered products), 

which lists the specific product types 

(e.g., clothes washers, LED lamps) 

covered by the Rule, into four different 

provisions organized by general product 

category (i.e., appliances, furnaces and 

central air conditioners, lighting, and 

plumbing).5 These changes should make 

it easier for stakeholders to identify 

relevant covered products, particularly 

for categories such as lighting, which 

contain several different product types 

and exemptions. 

Second, the proposed amendments 

divide current section 305.11 into 

several different sections to make it 

easier to identify the labeling 

requirements applicable to specific 

products. Currently, section 305.11 

addresses the label format and content 

for several appliances through a long list 

of instructions and exceptions. The 

proposed amendments divide this 

provision into several different sections: 

One for general layout and formatting 

requirements and six additional sections 

containing stand-alone label content 

requirements for refrigerator products, 

clothes washers, dishwashers, water 

heaters, room air conditioners, and pool 

heaters.6

Third, the proposed amendments 

remove obsolete references to provisions 

related to products produced decades 

ago (e.g., exemptions for plumbing 

products produced before 1994).7 Such 

provisions are no longer necessary 

because the Commission believes it 

unlikely that units produced before 

those dates are sold today. Finally, the 

proposed amendments make several 

minor changes to eliminate unnecessary 

cross references and correct 

typographical errors. 

The Commission seeks comment on 

these proposed amendments and any 

suggestions to clarify, correct, or 

improve the Rule’s organization and 

text, and, most importantly, make it 

easier to use. For instance, if there are 

any sections that are particularly 

confusing or unclear, commenters 

should identify them. As part of this 

proceeding, the Commission is not 

seeking comments on any additional, 

substantive changes to the Rule, such as 

modifications to label content, 

disclosure requirements, or product 

coverage. 

III. Request for Comment 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before April 15, 2019. Write ‘‘Energy 

Labeling Reorganization, 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 public 

FTC website, at https://www.ftc.gov/ 

policy/public-comments. 

Postal mail addressed to the 

Commission is subject to delay due to 

heightened security screening. As a 

result, we encourage you to submit your 

comments online. To make sure that the 

Commission considers your online 

comment, you must file it at https://

ftcpublic.commentworks.com/ftc/ 

energylabeling, by following the 

instruction on the web-based form. If 

this Notice appears at https://

www.regulations.gov, you also may file 

a comment through that website. 

If you file your comment on paper, 

write ‘‘Energy Labeling Reorganization, 

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 B), 

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, 

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 FTC website 

at www.ftc.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 that 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 ‘‘trade secret or any 

commercial or financial information 

which is . . . privileged or 

confidential’’—as provided by 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 FTC General Counsel grants your 

request in accordance with the law and 

the public interest. Once your comment 

has been posted on the public FTC 

website—as legally required by FTC 

Rule 4.9(b)—we cannot redact or 

remove your comment from the FTC 

website, unless you submit a 

confidentiality request that meets the 

Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Proposed Rules 9263 

requirements for such treatment under 

FTC Rule 4.9(c), and the General 

Counsel grants that request. 

Visit the FTC website to read this 

Notice of Proposed Rulemaking and the 

news release describing it. The FTC Act 

and other laws that 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 that it 

receives on or before April 15, 2019. 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. Because written 

comments appear adequate to present 

the views of all interested parties, the 

Commission has not scheduled an oral 

hearing regarding these proposed 

amendments. 

Interested parties may request an 

opportunity to present views orally. If 

such a request is made, the Commission 

will publish a document in the Federal 

Register stating the time and place for 

such oral presentation(s) and describing 

the procedures that will be followed. 

Interested parties who wish to present 

oral views must submit a hearing 

request, on or before April 15, 2019, in 

the form of a written comment that 

describes the issues on which the party 

wishes to speak. If there is no oral 

hearing, the Commission will base its 

decision on the written rulemaking 

record. 

IV. 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. OMB has 

approved the Rule’s existing 

information collection requirements 

through November 30, 2019 (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. 

V. Regulatory Flexibility Act 

The provisions of the Regulatory 

Flexibility Act relating to a Regulatory 

Flexibility Act analysis (5 U.S.C. 603– 

604) are not applicable to this 

proceeding because the proposed 

amendments do not impose any new or 

different obligations on entities 

regulated by the Energy Labeling Rule. 

As explained elsewhere in this 

document, the proposed amendments 

do not 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 

therefore concluded that a regulatory 

flexibility analysis is not necessary, and 

certifies, under section 605 of the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)), that the proposed amendments 

will not have a significant economic 

impact on a substantial number of small 

entities. This rulemaking document 

constitutes notice of the above 

certification and statement to the Small 

Business Administration required under 

5 U.S.C. 605(b). 

VI. 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). 

VII. Proposed Rule Language 

List of Subjects in 16 CFR Part 305 

Advertising, Energy conservation, 

Household appliances, Labeling, 

Reporting and recordkeeping 

requirements. 

For the reasons set out above, the 

Commission proposes to amend 16 CFR 

part 305 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. Amend § 305.2, by revising 

paragraphs (n), (q)(1), (q)(2), and (aa) to 

read as follows: 

* * * * * 

(n) Covered product means any 

consumer product or consumer 

appliance product described in §§ 305.3, 

305.4, 305.5, or 305.6 of this part. 

* * * * * 

(q) Estimated annual energy 

consumption and estimated annual 

operating or energy cost—(1) Estimated 

annual energy consumption means the 

energy or (for plumbing products) water 

that is likely to be consumed annually 

in representative use of a consumer 

product, as determined in accordance 

with tests prescribed under section 323 

of the Act (42 U.S.C. 6293). 

(i) Kilowatt-hour use per year, or 

kWh/yr., means estimated annual energy 

consumption expressed in kilowatthours of electricity. 

(ii) Therm use per year, or therms/yr., 

means estimated annual energy 

consumption expressed in therms of 

natural gas. 

(iii) Gallon use per year, or gallons/ 

yr., means estimated annual energy 

consumption expressed in gallons of 

propane or No. 2 heating oil. 

(2) Estimated annual operating or 

energy cost means the aggregate retail 

cost of the energy that is likely to be 

consumed annually in representative 

use of a consumer product, as 

determined in accordance with tests 

prescribed under section 323 of the Act 

(42 U.S.C. 6293). 

* * * * * 

(aa) New covered product means a 

covered product the title of which has 

not passed to a purchaser who buys the 

product for purposes other than resale 

or leasing for a period in excess of one 

year. 

* * * * * 

■ 3. Revise § 305.3 to read as follows: 

§ 305.3 Description of appliances and 

consumer electronics. 

(a) Refrigerators and refrigeratorfreezers. (1) Electric refrigerator means a 

cabinet designed for the refrigerated 

storage of food, designed to be capable 

of achieving storage temperatures above 

32 °F (0 °C) and below 39 °F (3.9 °C), 

and having a source of refrigeration 

requiring single phase, alternating 

current electric energy input only. An 

electric refrigerator may include a 

compartment for the freezing and 

storage of food at temperatures below 

32 °F (0 °C), but does not provide a 

separate low temperature compartment 

designed for the freezing and storage of 

food at temperatures below 8 °F (¥13.3 

°C). 

(2) Electric refrigerator-freezer means 

a cabinet which consists of two or more 

compartments with at least one of the 

compartments designed for the 

refrigerated storage of food and designed 

to be capable of achieving storage 

temperatures above 32 °F (0 °C) and 

below 39 °F (3.9 °C), and with at least 

one of the compartments designed for 

the freezing and storage of food at 

temperatures below 8 °F (¥13.3 °C) 

which may be adjusted by the user to a 

temperature of 0 °F (¥17.8 °C) or below. 

The source of refrigeration requires 

single phase, alternating current electric 

energy input only. 

9264 Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Proposed Rules 

(b) Freezer means a cabinet designed 

as a unit for the freezing and storage of 

food at temperatures of 0 °F or below, 

and having a source of refrigeration 

requiring single phase, alternating 

current electric energy input only. 

(c) Dishwasher means a cabinetlike 

appliance which, with the aid of water 

and detergent, washes, rinses, and dries 

(when a drying process is included) 

dishware, glassware, eating utensils and 

most cooking utensils by chemical, 

mechanical, and/or electrical means and 

discharges to the plumbing drainage 

system. 

(1) Water Heating Dishwasher means 

a dishwasher which is designed for 

heating cold inlet water (nominal 50 °F) 

or a dishwasher for which the 

manufacturer recommends operation 

with a nominal inlet water temperature 

of 120 °F and may operate at either of 

these inlet water temperatures by 

providing internal water heating to 

above 120 °F in at least one wash phase 

of the normal cycle. 

(2) [Reserved] 

(d) Water heater means a product 

which utilizes oil, gas, or electricity to 

heat potable water for use outside the 

heater upon demand, including— 

(1) Storage type units which heat and 

store water at a thermostatically 

controlled temperature, including gas 

storage water heaters with an input of 

75,000 Btu per hour or less, oil storage 

water heaters with an input of 105,000 

Btu per hour or less, and electric storage 

water heaters with an input of 12 

kilowatts or less; 

(2) Instantaneous type units which 

heat water but contain no more than one 

gallon of water per 4,000 Btu per hour 

of input, including gas instantaneous 

water heaters with an input of 200,000 

Btu per hour or less, oil instantaneous 

water heaters with an input of 210,000 

Btu per hour or less, and electric 

instantaneous water heaters with an 

input of 12 kilowatts or less; and 

(3) Heat pump type units, with a 

maximum current rating of 24 amperes 

at a voltage no greater than 250 volts, 

which are products designed to transfer 

thermal energy from one temperature 

level to a higher temperature level for 

the purpose of heating water, including 

all ancillary equipment such as fans, 

storage tanks, pumps, or controls 

necessary for the device to perform its 

function. 

(e) Room air conditioner means a 

consumer product, other than a 

packaged terminal air conditioner, 

which is powered by a single phase 

electric current and which is an encased 

assembly designed as a unit for 

mounting in a window or through the 

wall for the purpose of providing 

delivery of conditioned air to an 

enclosed space. It includes a prime 

source of refrigeration and may include 

a means for ventilating and heating. 

(f) Clothes washer means a consumer 

product designed to clean clothes, 

utilizing a water solution of soap 

and/or detergent and mechanical 

agitation or other movement, and must 

be one of the following classes: 

Automatic clothes washers, semiautomatic clothes washers, and other 

clothes washers. 

(1) Automatic clothes washer means a 

class of clothes washer which has a 

control system capable of scheduling a 

pre-selected combination of operations, 

such as regulation of water fill level, 

and performance of wash, rinse, drain 

and spin functions, without the need for 

the user to intervene subsequent to the 

initiation of machine operation. Some 

models may require user intervention to 

initiate these different segments of the 

cycle after the machine has begun 

operation, but they do not require the 

user to intervene to regulate the water 

temperature by adjusting the external 

water faucet valves. 

(2) Semi-automatic clothes washer 

means a class of clothes washer that is 

the same as an automatic clothes washer 

except that the user must intervene to 

regulate the water temperature by 

adjusting the external water faucet 

valves. 

(3) Other clothes washer means a 

class of clothes washer which is not an 

automatic or semi-automatic clothes 

washer. 

(g) Ceiling fan means a nonportable 

device that is suspended from a ceiling 

for circulating air via the rotation of fan 

blades, excluding large-diameter and 

high-speed small diameter fans as 

defined in appendix U of subpart B of 

10 CFR part 430. The requirements of 

this part are otherwise limited to those 

ceiling fans for which the Department of 

Energy has adopted and published test 

procedures for measuring energy usage. 

(h) Television means a product that is 

designed to produce dynamic video, 

contains an internal TV tuner encased 

within the product housing, and is 

capable of receiving dynamic visual 

content from wired or wireless sources 

including but not limited to: Broadcast 

and similar services for terrestrial, cable, 

satellite, and/or broadband transmission 

of analog and/or digital signals; and/or 

display-specific data connections, such 

as HDMI, Component video, S-video, 

Composite video; and/or media storage 

devices such as a USB flash drive, 

memory card, or a DVD; and/or network 

connections, usually using internet 

Protocol, typically carried over Ethernet 

or Wi-Fi. The requirements of this part 

are limited to those televisions for 

which the Department of Energy has 

adopted and published test procedures 

for measuring energy use. 

(i) Pool heater means an appliance 

designed for heating nonpotable water 

contained at atmospheric pressure, 

including heating water in swimming 

pools, spas, hot tubs and similar 

applications. 

§ 305.11 [Removed and reserved] 

■ 4. Remove and reserve § 305.11. 

§§ 305.4 through 305.25 [Amended] 

■ 5. Re-designate §§ 305.4 through 

305.8, § 305.10, §§ 305.12 through 

§§ 305.17 and §§ 305.19 through 

§§ 305.25 as follows: 

Old section New section 

§ 305.4 § 305.7 

§ 305.5 § 305.8 

§ 305.6 § 305.9 

§ 305.7 § 305.10 

§ 305.8 § 305.11 

§ 305.10 § 305.12 

§ 305.12 § 305.20 

§ 305.13 § 305.21 

§ 305.14 § 305.22 

§ 305.15 § 305.23 

§ 305.16 § 305.24 

§ 305.17 § 305.25 

§ 305.19 § 305.26 

§ 305.20 § 305.27 

§ 305.21 § 305.28 

§ 305.22 § 305.29 

§ 305.23 § 305.30 

§ 305.24 § 305.31 

§ 305.25 § 305.32 

■ 6. Add new § 305.4 to read as follows: 

§ 305.4 Description of furnaces and central 

air conditioners. 

(a) Furnaces. (1) Furnace means a 

product which utilizes only singlephase electric current, or single-phase 

electric current or DC current in 

conjunction with natural gas, propane, 

or home heating oil, and which— 

(i) Is designed to be the principal 

heating sources for the living space of a 

residence; 

(ii) Is not contained within the same 

cabinet with a central air conditioner 

whose rated cooling capacity is above 

65,000 Btu per hour; 

(iii) Is an electric central furnace, 

electric boiler, forced-air central 

furnace, gravity central furnace, or low 

pressure steam or hot water boiler; and 

(iv) Has a heat input rate of less than 

300,000 Btu per hour for electric boilers 

and low pressure steam or hot water 

boilers and less than 225,000 Btu per 

hour for forced-air central furnaces, 

gravity central furnaces, and electric 

central furnaces. 

(2) Electric central furnace means a 

furnace designed to supply heat through 

Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Proposed Rules 9265 

a system of ducts with air as the heating 

medium, in which heat is generated by 

one or more electric resistance heating 

elements and the heated air is circulated 

by means of a fan or blower. 

(3) Forced air central furnace means 

a gas or oil burning furnace designed to 

supply heat through a system of ducts 

with air as the heating medium. The 

heat generated by combustion of gas or 

oil is transferred to the air within a 

casing by conduction through heat 

exchange surfaces and is circulated 

through the duct system by means of a 

fan or blower. 

(4) Gravity central furnace means a 

gas fueled furnace which depends 

primarily on natural convection for 

circulation of heated air and which is 

designed to be used in conjunction with 

a system of ducts. 

(5) Electric boiler means an 

electrically powered furnace designed to 

supply low pressure steam or hot water 

for space heating application. A low 

pressure steam boiler operates at or 

below 15 pounds per square inch gauge 

(psig) steam pressure; a hot water boiler 

operates at or below 160 psig water 

pressure and 250 °F water temperature. 

(6) Low pressure steam or hot water 

boiler means an electric, gas or oil 

burning furnace designed to supply low 

pressure steam or hot water for space 

heating application. A low pressure 

steam boiler operates at or below 15 

pounds psig steam pressure; a hot water 

boiler operates at or below 160 psig 

water pressure and 250 °F water 

temperature. 

(7) Outdoor furnace or boiler is a 

furnace or boiler normally intended for 

installation out-of-doors or in an 

unheated space (such as an attic or a 

crawl space). 

(8) Weatherized warm air furnace or 

boiler means a furnace or boiler 

designed for installation outdoors, 

approved for resistance to wind, rain, 

and snow, and supplied with its own 

venting system. 

(b) Central air conditioner means a 

product, other than a packaged terminal 

air conditioner, which is powered by 

single phase electric current, air cooled, 

rated below 65,000 Btu per hour, not 

contained within the same cabinet as a 

furnace, the rated capacity of which is 

above 225,000 Btu per hour, and is a 

heat pump or a cooling only unit. 

(1) Condenser-evaporator coil 

combination means a condensing unit 

made by one manufacturer and one of 

several evaporator coils, either 

manufactured by the same manufacturer 

or another manufacturer, intended to be 

combined with that particular 

condensing unit. 

(2) Condensing unit means a 

component of a ‘‘central air 

conditioner’’ which is designed to 

remove heat absorbed by the refrigerant 

and to transfer it to the outside 

environment, and which consists of an 

outdoor coil, compressor(s), and air 

moving device. 

(3) Evaporator coil means a 

component of a central air conditioner 

which is designed to absorb heat from 

an enclosed space and transfer the heat 

to a refrigerant. 

(4) Single package unit means any 

central air conditioner in which all the 

major assemblies are enclosed in one 

cabinet. 

(5) Split system means any central air 

conditioner in which one or more of the 

major assemblies are separate from the 

others. 

(c) Heat pump means a product, other 

than a packaged terminal heat pump, 

which consists of one or more 

assemblies, powered by single phase 

electric current, rated below 65,000 Btu 

per hour, utilizing an indoor 

conditioning coil, compressor, and 

refrigerant-to-outdoor air heat exchanger 

to provide air heating, and may also 

provide air cooling, dehumidifying, 

humidifying, circulating, and air 

cleaning. 

■ 7. Add new § 305.5 to read as follows: 

§ 305.5 Description of lighting products. 

(a) Fluorescent lamp ballast means a 

device which is used to start and 

operate fluorescent lamps by providing 

a starting voltage and current and 

limiting the current during normal 

operation. 

(b) Fluorescent lamp: (1) Means a low 

pressure mercury electric-discharge 

source in which a fluorescing coating 

transforms some of the ultra-violet 

energy generated by the mercury 

discharge into light, including only the 

following: 

(i) Any straight-shaped lamp 

(commonly referred to as 4-foot medium 

bi-pin lamps) with medium bi-pin bases 

of nominal overall length of 48 inches 

and rated wattage of 28 or more; 

(ii) Any U-shaped lamp (commonly 

referred to as 2-foot U-shaped lamps) 

with medium bi-pin bases of nominal 

overall length between 22 and 25 inches 

and rated wattage of 28 or more; 

(iii) Any rapid start lamp (commonly 

referred to as 8-foot high output lamps) 

with recessed double contact bases of 

nominal overall length of 96 inches and 

0.800 nominal amperes, as defined in 

ANSI C78.1–1978 and related 

supplements (copies of ANSI C78.1– 

1978 and related supplements may be 

obtained from the American National 

Standards Institute, 11 West 42nd St., 

New York, NY 10036); and 

(iv) Any instant start lamp (commonly 

referred to as 8-foot slimline lamps) 

with single pin bases of nominal overall 

length of 96 inches and rated wattage of 

52 or more, as defined in ANSI C78.3– 

1978 (R1984) and related supplement 

ANSI C78.3a–1985 (copies of ANSI 

C78.3–1978 (R1984) and related 

supplement ANSI C78.3a–1985 may be 

obtained from the American National 

Standards Institute, 11 West 42nd St., 

New York, NY 10036); but 

(2) Fluorescent lamp does not mean 

any lamp excluded by the Department 

of Energy, by rule, as a result of a 

determination that standards for such 

lamp would not result in significant 

energy savings because such lamp is 

designed for special applications or has 

special characteristics not available in 

reasonably substitutable lamp types; 

and 

(3) General service fluorescent lamp 

means a fluorescent lamp which can be 

used to satisfy the majority of 

fluorescent applications, but does not 

mean any lamp designed and marketed 

for the following nongeneral lighting 

applications: 

(i) Fluorescent lamps designed to 

promote plant growth; 

(ii) Fluorescent lamps specifically 

designed for cold temperature 

installations; 

(iii) Colored fluorescent lamps; 

(iv) Impact-resistant fluorescent 

lamps; 

(v) Reflectorized or aperture lamps; 

(vi) Fluorescent lamps designed for 

use in reprographic equipment; 

(vii) Lamps primarily designed to 

produce radiation in the ultra-violet 

region of the spectrum; and 

(viii) Lamps with a color rendering 

index of 82 or greater. 

(c) General service lamp means: 

(1) A lamp that is: 

(i) A medium base compact 

fluorescent lamp; 

(ii) A general service incandescent 

lamp; 

(iii) A general service light-emitting 

diode (LED or OLED) lamp; or 

(iv) Any other lamp that the Secretary 

of Energy determines is used to satisfy 

lighting applications traditionally 

served by general service incandescent 

lamps. 

(2) Exclusions. The term general 

service lamp does not include— 

(i) Any lighting application or bulb 

shape described in paragraphs 

(e)(3)(ii)(A) through (T) of this section; 

and 

(ii) Any general service fluorescent 

lamp. 

(d) Medium base compact fluorescent 

lamp means an integrally ballasted 

9266 Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Proposed Rules 

fluorescent lamp with a medium screw 

base, a rated input voltage range of 115 

to 130 volts and which is designed as a 

direct replacement for a general service 

incandescent lamp; however, the term 

does not include— 

(1) Any lamp that is: 

(i) Specifically designed to be used for 

special purpose applications; and 

(ii) Unlikely to be used in general 

purpose applications, such as the 

applications described in the definition 

of ‘‘General Service Incandescent 

Lamp’’ in paragraph (e)(3)(ii) of this 

section; or 

(2) Any lamp not described in the 

definition of ‘‘General Service 

Incandescent Lamp’’ in this section and 

that is excluded by the Department of 

Energy, by rule, because the lamp is— 

(i) Designed for special applications; 

and 

(ii) Unlikely to be used in general 

purpose applications. 

(e) Incandescent lamp: (1) Means a 

lamp in which light is produced by a 

filament heated to incandescence by an 

electric current, including only the 

following: 

(i) Any lamp (commonly referred to as 

lower wattage nonreflector general 

service lamps, including any tungsten 

halogen lamp) that has a rated wattage 

between 30 and 199 watts, has an E26 

medium screw base, has a rated voltage 

or voltage range that lies at least 

partially within 115 and 130 volts, and 

is not a reflector lamp; 

(ii) Any lamp (commonly referred to 

as a reflector lamp) which is not colored 

or designed for rough or vibration 

service applications, that contains an 

inner reflective coating on the outer 

bulb to direct the light, an R, PAR, ER, 

BR, BPAR, or similar bulb shapes with 

E26 medium screw bases, a rated 

voltage or voltage range that lies at least 

partially within 115 and 130 volts, a 

diameter which exceeds 2.25 inches, 

and has a rated wattage that is 40 watts 

or higher; 

(iii) Any general service incandescent 

lamp (commonly referred to as a highor higher-wattage lamp) that has a rated 

wattage above 199 watts (above 205 

watts for a high wattage reflector lamp); 

but 

(2) Incandescent lamp does not mean 

any lamp excluded by the Secretary of 

Energy, by rule, as a result of a 

determination that standards for such 

lamp would not result in significant 

energy savings because such lamp is 

designed for special applications or has 

special characteristics not available in 

reasonably substitutable lamp types; 

(3) General service incandescent lamp 

means: 

(i) In general, a standard 

incandescent, halogen, or reflector type 

lamp that— 

(A) Is intended for general service 

applications; 

(B) Has a medium screw base; 

(C) Has a lumen range of not less than 

310 lumens and not more than 2,600 

lumens; and 

(D) Is capable of being operated at a 

voltage range at least partially within 

110 and 130 volts. 

(ii) Exclusions. The term ‘‘general 

service incandescent lamp’’ does not 

include the following incandescent 

lamps: 

(A) An appliance lamp as defined at 

42 U.S.C. 6291(30); 

(B) A black light lamp; 

(C) A bug lamp; 

(D) A colored lamp as defined at 42 

U.S.C. 6291(30); 

(E) An infrared lamp; 

(F) A left hand thread lamp; 

(G) A marine lamp; 

(H) A marine signal service lamp; 

(I) A mine service lamp; 

(J) A plant light lamp; 

(K) A rough service lamp as defined 

at 42 U.S.C. 6291(30); 

(L) A shatter resistant lamp (including 

a shatter-proof lamp and a shatterprotected lamp); 

(M) A sign service lamp; 

(N) A silver bowl lamp; 

(O) A showcase lamp; 

(P) A traffic signal lamp; 

(Q) A vibration service lamp as 

defined at 42 U.S.C. 6291(30); 

(R) A G shape lamp (as defined in 

ANSI C78.20–2003 and C79.1–2002) 

with a diameter of 5 inches or more; 

(S) A T shape lamp (as defined in 

ANSI C78.20–2003 and C79.1–2002) 

and that uses not more than 40 watts or 

has a length of more than 10 inches; or 

(T) A B, BA, CA, F, G16–1⁄2, G–25, G– 

30, S, or M–14 lamp (as defined in ANSI 

C79.1–2002 and ANSI C78.20–2003) of 

40 watts or less. 

(4) Incandescent reflector lamp means 

a lamp described in paragraph (e)(1)(ii) 

of this section; and 

(5) Tungsten halogen lamp means a 

gas filled tungsten filament 

incandescent lamp containing a certain 

proportion of halogens in an inert gas. 

(f) Light emitting diode (LED) means a 

p-n junction solid state device the 

radiated output of which is a function 

of the physical construction, material 

used, and exciting current of the device. 

The output of a light emitting diode may 

be in— 

(1) The infrared region; 

(2) The visible region; or 

(3) The ultraviolet region. 

(g) Organic light emitting diode 

(OLED) means a thin-film light-emitting 

device that typically consists of a series 

of organic layers between 2 electrical 

contacts (electrodes). 

(h) General service light-emitting 

diode (LED or OLED) lamp means any 

light emitting diode (LED or OLED) 

lamp that: 

(1) Is a consumer product; 

(2) Is intended for general service 

applications; 

(3) Has a medium screw base; 

(4) Has a lumen range of not less than 

310 lumens and not more than 2,600 

lumens; and 

(5) Is capable of being operated at a 

voltage range at least partially within 

110 and 130 volts. 

(i) Metal halide lamp fixture means a 

light fixture for general lighting 

application that is designed to be 

operated with a metal halide lamp and 

a ballast for a metal halide lamp and 

that is subject to and complies with 

Department of Energy efficiency 

standards issued pursuant to 42 U.S.C. 

6295. 

(1) Metal halide ballast means a 

ballast used to start and operate metal 

halide lamps. 

(2) Metal halide lamp means a high 

intensity discharge lamp in which the 

major portion of the light is produced by 

radiation of metal halides and their 

products of dissociation, possibly in 

combination with metallic vapors. 

(j) Specialty consumer lamp means 

(1) Any lamp that: 

(i) Is not included under the 

definition of general service lamp in this 

part; 

(ii) Has a lumen range between 310 

lumens and no more than 2,600 lumens 

or a rated wattage between 30 and 199; 

(iii) Has one of the following bases: 

(A) A medium screw base; 

(B) A candelabra screw base; 

(C) A GU–10 base; or 

(D) A GU–24 base; and 

(iv) Is capable of being operated at a 

voltage range at least partially within 

110 and 130 volts. 

(2) Inclusions. The term specialty 

consumer lamp includes, but is not 

limited to, the following lamps if such 

lamps meet the conditions listed in 

paragraph (1): 

(i) Vibration-service lamps as defined 

at 42 U.S.C. 6291(30)(AA); 

(ii) Rough service lamps as defined at 

42 U.S.C. 6291(30)(X); 

(iii) Appliance lamps as defined at 42 

U.S.C. 6291(30)(T); and 

(iv) Shatter resistant lamps (including 

a shatter proof lamp and a shatter 

protected lamp) as defined in 42 U.S.C. 

6291(30)(Z). 

(3) Exclusions. The term specialty 

consumer lamp does not include: 

(i) A black light lamp; 

Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Proposed Rules 9267 

(ii) A bug lamp; 

(iii) A colored lamp; 

(iv) An infrared lamp; 

(v) A left-hand thread lamp; 

(vi) A marine lamp; 

(vii) A marine signal service lamp; 

(viii) A mine service lamp; 

(ix) A sign service lamp; 

(x) A silver bowl lamp; 

(xi) A showcase lamp; 

(xii) A traffic signal lamp; 

(xiii) A G-shape lamp with diameter 

of 5 inches or more; 

(xiv) A C7, M–14, P, RP, S, or T shape 

lamp; 

(xv) A intermediate screw-base lamp; 

and 

(xvi) A plant light lamp. 

■ 8. Add new § 305.6 to read as follows: 

§ 305.6 Description of plumbing products. 

(a) Showerhead means a component 

or set of components distributed in 

commerce for attachment to a single 

supply fitting, for spraying water onto a 

bather, typically from an overhead 

position, excluding safety shower 

showerheads. 

(b) Faucet means a lavatory faucet, 

kitchen faucet, metering faucet, or 

replacement aerator for a lavatory or 

kitchen faucet. 

(c) Water closet means a plumbing 

fixture having a water-containing 

receptor which receives liquid and solid 

body waste and, upon actuation, 

conveys the waste through an exposed 

integral trap seal into a gravity drainage 

system, except such term does not 

include fixtures designed for 

installation in prisons. 

(d) Urinal means a plumbing fixture 

which receives only liquid body waste 

and, on demand, conveys the waste 

through a trap seal into a gravity 

drainage system, except such term does 

not include fixtures designed for 

installation in prisons. 

■ 9. In newly re-designated § 305.7, 

delete paragraph (d)(3), remove the 

references ‘‘305.20,’’ ‘‘305.6,’’ ‘‘305.19,’’ 

and add in their place respectively the 

references ‘‘305.27,’’ ‘‘305.9,’’ and 

‘‘305.26,’’ and revise paragraph (e) to 

read as follows: 

§ 305.7 Prohibited acts. 

* * * * * 

(e) This part shall not apply to: 

(1) Any covered product if it is 

manufactured, imported, sold, or held 

for sale for export from the United 

States, so long as such product is not in 

fact distributed in commerce for use in 

the United States, and such covered 

product or the container thereof bears a 

stamp or label stating that such covered 

product is intended for export. 

(2) Televisions manufactured before 

May 10, 2011. 

* * * * * 

■ 10. In newly re-designated § 305.8, 

revise paragraph (c) to read as follows: 

§ 305.8 Determinations of estimated 

annual energy consumption, estimated 

annual operating cost, and energy 

efficiency rating, water use rate, and other 

required disclosure content. 

* * * * * 

(c) Representations for ceiling fans 

under § 305.21 and televisions under 

§ 305.25 must be derived from 

applicable procedures in 10 CFR parts 

429, 430, and 431. 

■ 11. Revise newly re-designated § 305.9 

to read as follows: 

§ 305.9 Duty to provide labels on websites. 

For each covered product required by 

this part to bear an EnergyGuide or 

Lighting Facts label, the manufacturer 

must make a copy of the label available 

on a publicly accessible website in a 

manner that allows catalog sellers to 

hyperlink to the label or download it for 

use in websites or paper catalogs. The 

label for each specific model must 

remain on the website for six months 

after production of that model ceases. 

■ 12. In newly re-designated § 305.11, 

revise paragraph (a)(5) to read as 

follows, remove the references to 

‘‘§ 305.6(a)’’ and ‘‘§ 305.8(a),’’ and add 

in their place respectively the words 

‘‘305.9’’ and ‘‘§ 305.11(a).’’: 

§ 305.11 Submission of data. 

(a) * * * 

(5) Manufacturers must submit a 

website address for the online 

EnergyGuide labels covered by § 305.9 

in new model and annual reports 

required by this section. Manufacturers 

may accomplish this by either 

submitting a specific link to a URL for 

each label, a link to a PDF download for 

each label, or a link to a website that 

takes users directly to a searchable 

database of the covered labels from 

which the label image or download may 

be accessed using the model number as 

certified to DOE pursuant to 10 CFR part 

429 and the model number advertised in 

product literature. Such label 

information must be submitted either at 

the time the model is certified to DOE 

pursuant to 10 CFR part 429 or at some 

time on or before the annual report date 

immediately following such 

certification. In lieu of submitting the 

required information to the 

Commission, manufacturers may submit 

such information to the Department of 

Energy via the CCMS at https://

regulations.doe.gov/ccms as provided 

by 10 CFR 429.12. The requirements in 

this paragraph do not apply to Lighting 

Facts labels. 

* * * * * 

■ 13. In newly re-designated § 305.12: 

■ a. Revise the paragraph (c) 

introductory text and paragraph (c)(1); 

■ b. Remove the reference ‘‘§ 305.11’’ 

and add in its place ‘‘§ 305.14 through 

§ 305.19’’; and 

■ c. Remove the reference to ‘‘§ 305.20’’ 

and add in its place ‘‘§ 305.27’’. 

The revisions read as follows: 

§ 305.12 Ranges of comparability on the 

required labels. 

* * * * * 

(c) Operating costs or efficiency 

ratings outside current range. When the 

estimated annual operating cost or 

energy efficiency rating of a given model 

of a product covered by this section falls 

outside the limits of the current range 

for that product, which could result 

from the introduction of a new or 

changed model, the manufacturer shall: 

(1) Omit placement of such product 

on the scale appearing on the label, and 

* * * * * 

■ 14. Add new § 305.13 to read as 

follows: 

§ 305.13 Layout, format, and placement of 

labels for refrigerators, refrigeratorfreezers, freezers, dishwashers, clothes 

washers, water heaters, room air 

conditioners, and pool heaters. 

(a) Coverage. The requirements of this 

section apply to labels for refrigerators, 

refrigerator-freezers, freezers, 

dishwashers, clothes washers, water 

heaters, room air conditioners, and pool 

heaters. 

(b) Layout. Energy labels shall use one 

size, similar colors, and typefaces with 

consistent positioning of headline, copy, 

and charts to maintain uniformity for 

immediate consumer recognition and 

readability. Trim size dimensions for 

the labels shall be as follows: Width 

must be between 51⁄4 inches and 51⁄2

inches (13.34 cm. and 13.97 cm.); length 

must be between 73⁄8 inches (18.73 cm.) 

and 75⁄8 (19.37 cm.). Copy is to be set 

between 27 picas and 29 picas and copy 

page should be centered (right to left 

and top to bottom). Depth is variable but 

should follow closely the prototype and 

sample labels appearing at the end of 

this part illustrating the basic layout. All 

positioning, spacing, type sizes, and line 

widths should be similar to and 

consistent with the prototype and 

sample labels in appendix L to this part. 

(c) Type style and setting. The Arial 

series typeface or equivalent shall be 

used exclusively on the label. Specific 

sizes and faces to be used are indicated 

on the prototype labels. No hyphenation 

should be used in setting headline or 

9268 Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Proposed Rules 

copy text. Positioning and spacing 

should follow the prototypes closely. 

Generally, text must be set flush left 

with two points leading except where 

otherwise indicated. See the prototype 

labels for specific directions. 

(d) Colors. The basic colors of all 

labels covered by this section shall be 

process yellow or equivalent and 

process black. The label shall be printed 

full bleed process yellow. All type and 

graphics shall be print process black. 

(e) Label types. Except as indicated in 

paragraph (e)(3) of this section, the 

labels must be affixed to the product in 

the form of an adhesive label for any 

product covered by this section, or in 

the form of a hang tag for refrigerators, 

refrigerator-freezers, freezers, 

dishwashers, and clothes washers, as 

follows: 

(1) Adhesive labels. All adhesive 

labels should be applied so they can be 

easily removed without the use of tools 

or liquids, other than water, but should 

be applied with an adhesive with an 

adhesion capacity sufficient to prevent 

their dislodgment during normal 

handling throughout the chain of 

distribution to the retailer or consumer. 

The paper stock for pressure-sensitive or 

other adhesive labels shall have a basic 

weight of not less than 58 pounds per 

500 sheets (25′′ x 38′′) or equivalent, 

exclusive of the release liner and 

adhesive. A minimum peel adhesion 

capacity for the adhesive of 12 ounces 

per square inch is suggested, but not 

required if the adhesive can otherwise 

meet the above standard. In lieu of a 

label with adhesive backing, 

manufacturers may adhere the label 

with adhesive tape, provided the tape is 

affixed along the entire top and bottom 

of the label. 

(2) Hang tags. Labels may be affixed 

to the product interior in the form of a 

hang tag using cable ties or double 

strings connected through reinforced 

punch holes, or with attachment and 

label material of equivalent or greater 

strength and durability. If paper stock is 

used for hang tags, it shall have a basic 

weight of not less than 110 pounds per 

500 sheets (251⁄2′′ x 301⁄2′′ index). When 

materials are used to attach the hang 

tags to appliance products, the materials 

shall be of sufficient strength to insure 

that if gradual pressure is applied to the 

hang tag by pulling it away from where 

it is affixed to the product, the hang tag 

will tear before the material used to affix 

the hang tag to the product breaks. 

(3) Package labels for certain 

products. Labels for electric 

instantaneous water heaters shall be 

printed on or affixed to the product’s 

packaging in a conspicuous location. 

Labels for room air conditioners 

produced on or after October 1, 2019 

shall be printed on or affixed to the 

principal display panel of the product’s 

packaging. 

(f) Placement—(1) Adhesive labels. 

Manufacturers shall affix adhesive 

labels to the covered products in such 

a position that it is easily read by a 

consumer examining the product. The 

label should be generally located on the 

upper-right-front corner of the product’s 

front exterior. However, some other 

prominent location may be used as long 

as the label will not become dislodged 

during normal handling throughout the 

chain of distribution to the retailer or 

consumer. The top of the label should 

not exceed 74 inches from the base of 

taller products. The label can be 

displayed in the form of a flap tag 

adhered to the top of the appliance and 

bent (folded at 90°) to hang over the 

front, as long as this can be done with 

assurance that it will be readily visible. 

(2) Hang tags. A hang tag shall be 

affixed to the interior of the product in 

such a position that it can be easily read 

by a consumer examining the product. 

A hang tag can be affixed in any 

position that meets this requirement as 

long as the label will not become 

dislodged during normal handling 

throughout the chain of distribution to 

the retailer or consumer. Hang tags may 

only be affixed in refrigerators, 

refrigerator-freezers, freezers, 

dishwashers, and clothes washers. 

■ 15. Add new § 305.14 to read as 

follows: 

§ 305.14 Label content for refrigerators, 

refrigerator-freezers, and freezers. 

(a) Label content. (1) Headlines and 

texts, as illustrated in the prototype and 

sample labels in appendix L to this part, 

are standard for all labels. 

(2) Name of manufacturer or private 

labeler shall, in the case of a 

corporation, be deemed to be satisfied 

only by the actual corporate name, 

which may be preceded or followed by 

the name of the particular division of 

the corporation. In the case of an 

individual, partnership, or association, 

the name under which the business is 

conducted shall be used. Inclusion of 

the name of the manufacturer or private 

labeler is optional at the discretion of 

the manufacturer or private labeler. 

(3) Model number(s) will be the 

designation given by the manufacturer 

or private labeler. 

(4) Capacity or size is that determined 

in accordance with this part. The 

capacity provided on the label shall be 

the model’s total refrigerated volume 

(VT) as determined in accordance with 

this part and the model description 

must be consistent with the categories 

described in Appendices A and B to this 

part. 

(5) Unless otherwise indicated in this 

paragraph, estimated annual operating 

costs must be determined in accordance 

with this part. Labels for dual-mode 

refrigerator-freezers that can operate as 

either a refrigerator or a freezer must 

reflect the estimated energy cost of the 

model’s most energy intensive 

configuration. 

(6) Unless otherwise indicated in this 

paragraph, ranges of comparability for 

estimated annual operating costs are 

found in the appropriate appendices 

accompanying this part. 

(7) Placement of the labeled product 

on the scale shall be proportionate to 

the lowest and highest estimated annual 

operating costs. 

(8) Labels must contain the model’s 

estimated annual energy consumption 

as determined in accordance with this 

part and as indicated on the sample 

labels in appendix L. 

(9) Labels must contain statements as 

illustrated in the prototype labels in 

appendix L and specified as follows by 

product type: 

(i) Labels for refrigerators, refrigeratorfreezers, and freezers shall contain the 

text and graphics illustrated in sample 

labels of appendix L, including the 

statement: 

Compare ONLY to other labels with 

yellow numbers. 

Labels with yellow numbers are based 

on the same test procedures. 

(ii) Labels for refrigerators and 

refrigerator-freezers must contain a 

statement as illustrated in the prototype 

labels in appendix L and specified as 

follows (fill in the blanks with the 

appropriate energy cost figure): 

Your cost will depend on your utility 

rates and use. 

Both cost ranges based on models of 

similar size capacity. 

[Insert statement required by 

paragraph (a)(9)(iii) of this section]. 

Estimated energy cost based on a 

national average electricity cost of 

llcents per kWh. 

ftc.gov/energy. 

(iii) Labels for refrigerators and 

refrigerator-freezers shall include the 

following as part of the statement 

required by paragraph (a)(9)(ii) of this 

section: 

(A) For models covered under 

appendix A1 to this part, the sentence 

shall read: 

Models with similar features have 

automatic defrost and no freezer. 

(B) For models covered under 

appendix A2 to this part, the sentence 

shall read: 

Models with similar features have 

manual defrost. 

Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Proposed Rules 9269 

(C) For models covered under 

appendix A3 to this part, the sentence 

shall read: 

Models with similar features have 

partial automatic defrost. 

(D) For models covered under 

appendix A4 to this part, the sentence 

shall read: 

Models with similar features have 

automatic defrost, top-mounted freezer, 

and no through-the-door ice. 

(E) For models covered under 

appendix A5 to this part, the sentence 

shall read: 

Models with similar features have 

automatic defrost, side-mounted freezer, 

and no through-the-door ice. 

(F) For models covered under 

appendix A6 to this part, the sentence 

shall read: 

Models with similar features have 

automatic defrost, bottom-mounted 

freezer, and no through-the-door ice. 

(G) For models covered under 

appendix A7 to this part, the sentence 

shall read: 

Models with similar features have 

automatic defrost, bottom-mounted 

freezer and through-the-door ice. 

(H) For models covered under 

appendix A8 to this part, the sentence 

shall read: 

Models with similar features have 

automatic defrost, side-mounted freezer, 

and through-the-door ice. 

(iv) Labels for freezers must contain a 

statement as illustrated in the prototype 

labels in appendix L and specified as 

follows (fill in the blanks with the 

appropriate energy cost figure): 

Your cost will depend on your utility 

rates and use. 

[Insert statement required by 

paragraph (a)(10)(v) of this section]. 

Estimated energy cost based on a 

national average electricity cost of ll

cents per kWh. 

ftc.gov/energy. 

(v) For freezers, the following 

sentence shall be included as part of the 

statement required by paragraph 

(a)(9)(iv) of this section: 

(A) For models covered under 

appendix B1 to this part, the sentence 

shall read: 

Cost range based only on upright 

freezer models of similar capacity with 

manual defrost. 

(B) For models covered under 

appendix B2 to this part, the sentence 

shall read: 

Cost range based only on upright 

freezer models of similar capacity with 

automatic defrost. 

(C) For models covered under 

appendix B3 to this part, the sentence 

shall read: 

Cost range based only on chest and 

other freezer models of similar capacity. 

(10) The following statement shall 

appear on each label as illustrated in the 

prototype and sample labels in 

appendix L to this part: 

Federal law prohibits removal of this 

label before consumer purchase. 

(b) Additional information. No marks 

or information other than that specified 

in this part shall appear on or directly 

adjoining this label except that: 

(1) A part or publication number 

identification may be included on this 

label, as desired by the manufacturer. If 

a manufacturer elects to use a part or 

publication number, it must appear in 

the lower right-hand corner of the label 

and be set in 6-point type or smaller. 

(2) The energy use disclosure labels 

required by the governments of Canada 

or Mexico may appear directly adjoining 

this label, as desired by the 

manufacturer. 

(3) The manufacturer or private 

labeler may include the ENERGY STAR 

logo on the bottom right corner of the 

label for certified products. The logo 

must be 1 inch by 1 inch in size. Only 

manufacturers that have signed a 

Memorandum of Understanding with 

the Department of Energy or the 

Environmental Protection Agency may 

add the ENERGY STAR logo to labels on 

certified covered products; such 

manufacturers may add the ENERGY 

STAR logo to labels only on those 

covered products that are contemplated 

by the Memorandum of Understanding. 

■ 16. Add new § 305.15 to read as 

follows: 

§ 305.15 Label content for clothes 

washers. 

(a) Label content. (1) Headlines and 

texts, as illustrated in the prototype and 

sample labels in appendix L to this part, 

are standard for all labels. 

(2) Name of manufacturer or private 

labeler shall, in the case of a 

corporation, be deemed to be satisfied 

only by the actual corporate name, 

which may be preceded or followed by 

the name of the particular division of 

the corporation. In the case of an 

individual, partnership, or association, 

the name under which the business is 

conducted shall be used. Inclusion of 

the name of the manufacturer or private 

labeler is optional at the discretion of 

the manufacturer or private labeler. 

(3) Model number(s) will be the 

designation given by the manufacturer 

or private labeler. 

(4) Capacity or size is that determined 

in accordance this part. 

(5) Estimated annual operating costs 

are as determined in accordance with 

this part. Labels must disclose estimated 

annual operating cost for both electricity 

and natural gas as illustrated in the 

sample labels in appendix L to this part. 

(6) Unless otherwise indicated in this 

paragraph, ranges of comparability for 

estimated annual operating costs are 

found in the appropriate appendices 

accompanying this part. 

(7) Placement of the labeled product 

on the scale shall be proportionate to 

the lowest and highest estimated annual 

operating costs. 

(8) Labels must contain the model’s 

estimated annual energy consumption 

as determined in accordance with this 

part and as indicated on the sample 

labels in appendix L. 

(9) Labels must contain a statement as 

illustrated in the prototype labels in 

appendix L and specified as follows (fill 

in the blanks with the appropriate 

capacity and energy cost figures): 

Your costs will depend on your utility 

rates and use. 

Cost range based only on [compact/ 

standard] capacity models. 

Estimated energy cost is based on six 

wash loads a week and a national 

average electricity cost of llcents per 

kWh and natural gas cost of $ llp per 

therm. 

ftc.gov/energy. 

(10) The following statement shall 

appear on each label as illustrated in the 

prototype and sample labels in 

appendix L: 

Federal law prohibits removal of this 

label before consumer purchase. 

(b) Additional information. No marks 

or information other than that specified 

in this part shall appear on or directly 

adjoining this label except that: 

(1) A part or publication number 

identification may be included on this 

label, as desired by the manufacturer. If 

a manufacturer elects to use a part or 

publication number, it must appear in 

the lower right-hand corner of the label 

and be set in 6-point type or smaller. 

(2) The energy use disclosure labels 

required by the governments of Canada 

or Mexico may appear directly adjoining 

this label, as desired by the 

manufacturer. 

(3) The manufacturer or private 

labeler may include the ENERGY STAR 

logo on the bottom right corner of the 

label for certified products. The logo 

must be 1 inch by 1 inch in size. Only 

manufacturers that have signed a 

Memorandum of Understanding with 

the Department of Energy or the 

Environmental Protection Agency may 

add the ENERGY STAR logo to labels on 

certified covered products; such 

manufacturers may add the ENERGY 

STAR logo to labels only on those 

covered products that are contemplated 

by the Memorandum of Understanding. 

9270 Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Proposed Rules 

■ 17. Add new § 305.16 to read as 

follows. 

§ 305.16 Label content for dishwashers. 

(a) Label content. (1) Headlines and 

texts, as illustrated in the prototype and 

sample labels in appendix L to this part, 

are standard for all labels. 

(2) Name of manufacturer or private 

labeler shall, in the case of a 

corporation, be deemed to be satisfied 

only by the actual corporate name, 

which may be preceded or followed by 

the name of the particular division of 

the corporation. In the case of an 

individual, partnership, or association, 

the name under which the business is 

conducted shall be used. Inclusion of 

the name of the manufacturer or private 

labeler is optional at the discretion of 

the manufacturer or private labeler. 

(3) Model number(s) will be the 

designation given by the manufacturer 

or private labeler. 

(4) Capacity or size is that determined 

in accordance with this part. 

(5) Estimated annual operating costs 

are as determined in accordance with 

this part. Labels must disclose estimated 

annual operating cost for both electricity 

and natural gas as illustrated in the 

sample labels in appendix L to this part. 

(6) Unless otherwise indicated in this 

paragraph, ranges of comparability for 

estimated annual operating costs are 

found in the appropriate appendices 

accompanying this part. 

(7) Placement of the labeled product 

on the scale shall be proportionate to 

the lowest and highest estimated annual 

operating costs. 

(8) Labels must contain the model’s 

estimated annual energy consumption 

as determined in accordance with this 

part and as indicated on the sample 

labels in appendix L. 

(9) Labels must contain a statement as 

illustrated in the prototype labels in 

appendix L and specified as follows (fill 

in the brackets with the appropriate 

capacity and the energy cost figures): 

Your costs will depend on your utility 

rates and use. 

Cost range based only on [compact/ 

standard] capacity models. 

Estimated energy cost is based on four 

washloads a week, and a national 

average electricity cost of [ll] cents 

per kWh and natural gas cost of 

$[ll] per therm. 

For more information, visit 

www.ftc.gov/energy. 

(10) The following statement shall 

appear on each label as illustrated in the 

prototype and sample labels in 

appendix L to this part: 

Federal law prohibits removal of this 

label before consumer purchase. 

(b) Additional information. No marks 

or information other than that specified 

in this part shall appear on or directly 

adjoining this label except that: 

(1) A part or publication number 

identification may be included on this 

label, as desired by the manufacturer. If 

a manufacturer elects to use a part or 

publication number, it must appear in 

the lower right-hand corner of the label 

and be set in 6-point type or smaller. 

(2) The energy use disclosure labels 

required by the governments of Canada 

or Mexico may appear directly adjoining 

this label, as desired by the 

manufacturer. 

(3) The manufacturer or private 

labeler may include the ENERGY STAR 

logo on the bottom right corner of the 

label for certified products. The logo 

must be 1 inch by 1 inch in size. Only 

manufacturers that have signed a 

Memorandum of Understanding with 

the Department of Energy or the 

Environmental Protection Agency may 

add the ENERGY STAR logo to labels on 

certified covered products; such 

manufacturers may add the ENERGY 

STAR logo to labels only on those 

covered products that are contemplated 

by the Memorandum of Understanding. 

■ 18. Add new § 305.17 to read as 

follows: 

§ 305.17 Label content for water heaters. 

(a) Label content. (1) Headlines and 

texts, as illustrated in the prototype and 

sample labels in appendix L to this part, 

are standard for all labels. 

(2) Name of manufacturer or private 

labeler shall, in the case of a 

corporation, be deemed to be satisfied 

only by the actual corporate name, 

which may be preceded or followed by 

the name of the particular division of 

the corporation. In the case of an 

individual, partnership, or association, 

the name under which the business is 

conducted shall be used. Inclusion of 

the name of the manufacturer or private 

labeler is optional at the discretion of 

the manufacturer or private labeler. 

(3) Model number(s) will be the 

designation given by the manufacturer 

or private labeler. 

(4) Capacity or size is that determined 

in accordance with this part. Capacity 

for storage water heaters shall be 

presented in both rated storage volume 

(‘‘tank size (storage capacity)’’) and first 

hour rating as indicated on the sample 

label in appendix L to this part. 

(5) Estimated annual operating costs 

are as determined in accordance with 

this part. 

(6) Unless otherwise indicated in this 

paragraph, ranges of comparability for 

estimated annual operating costs are 

found in the appropriate appendices 

accompanying this part. 

(7) Placement of the labeled product 

on the scale shall be proportionate to 

the lowest and highest estimated annual 

operating costs. 

(8) Labels must contain the model’s 

estimated annual energy consumption 

as determined in accordance with this 

part and as indicated on the sample 

labels in appendix L to this part. 

(9) Labels must contain a statement as 

illustrated in the prototype labels in 

appendix L to this part and specified as 

follows by product type: 

(i) For water heaters covered by 

appendices D1, D2, and D3 to this part, 

the statement will read as follows (fill 

in the blanks with the appropriate fuel 

type, and energy cost figures): 

Your costs will depend on your utility 

rates and use. 

Cost range based only on models 

fueled by [natural gas, oil, propane, or 

electricity] with a [very small, low, 

medium, or high] first hour rating [fewer 

than 18 gallons, 18–50.9 gallons, 51– 

74.9 gallons, or greater than 75 gallons]. 

Estimated energy cost is based on a 

national average [electricity, natural gas, 

propane, or oil] cost of [ll cents per 

kWh or $ll per therm or gallon]. 

Estimated yearly energy use: ll

[kWh or therms]. 

ftc.gov/energy. 

(ii) For instantaneous water heaters, 

the statement will read as follows (fill 

in the blanks with the appropriate 

model type, and the energy cost figures): 

Your costs will depend on your utility 

rates and use. 

Cost range based only on [electric 

models or models fueled by natural gas] 

with a [very small, low, medium, or 

high] gallons per minute rating [0 to 1.6, 

1.7 to 2.7, 2.8 to 4.0, or greater than 4.0]. 

Estimated energy cost is based on a 

national average [electricity, natural gas, 

or propane] cost of [ ll cents per kWh 

or $ll per therm or gallon]. 

Estimated yearly energy use: ll

[kWh or therms]. 

ftc.gov/energy. 

(10) The following statement shall 

appear on each label as illustrated in the 

prototype and sample labels in 

appendix L: 

Federal law prohibits removal of this 

label before consumer purchase. 

(b) Additional information. No marks 

or information other than that specified 

in this part shall appear on or directly 

adjoining this label except that: 

(1) A part or publication number 

identification may be included on this 

label, as desired by the manufacturer. If 

a manufacturer elects to use a part or 

publication number, it must appear in 

the lower right-hand corner of the label 

and be set in 6-point type or smaller. 

Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Proposed Rules 9271 

(2) The energy use disclosure labels 

required by the governments of Canada 

or Mexico may appear directly adjoining 

this label, as desired by the 

manufacturer. 

(3) The manufacturer or private 

labeler may include the ENERGY STAR 

logo on the bottom right corner of the 

label for certified products. The logo 

must be 1 inch by 1 inch in size. Only 

manufacturers that have signed a 

Memorandum of Understanding with 

the Department of Energy or the 

Environmental Protection Agency may 

add the ENERGY STAR logo to labels on 

certified covered products; such 

manufacturers may add the ENERGY 

STAR logo to labels only on those 

covered products that are contemplated 

by the Memorandum of Understanding. 

■ 19. Add § 305.18 to read as follows: 

§ 305.18 Label content for room air 

conditioners. 

(a) Label content. (1) Headlines and 

texts, as illustrated in the prototype and 

sample labels in appendix L to this part, 

are standard for all labels. 

(2) Name of manufacturer or private 

labeler shall, in the case of a 

corporation, be deemed to be satisfied 

only by the actual corporate name, 

which may be preceded or followed by 

the name of the particular division of 

the corporation. In the case of an 

individual, partnership, or association, 

the name under which the business is 

conducted shall be used. Inclusion of 

the name of the manufacturer or private 

labeler is optional at the discretion of 

the manufacturer or private labeler. 

(3) Model number(s) will be the 

designation given by the manufacturer 

or private labeler. 

(4) Capacity or size is that determined 

in accordance with this part. 

(5) Estimated annual operating costs 

are as determined in accordance with 

this part. 

(6) Unless otherwise indicated in this 

paragraph, ranges of comparability for 

estimated annual operating costs are 

found in the appropriate appendices 

accompanying this part. 

(7) Placement of the labeled product 

on the scale shall be proportionate to 

the lowest and highest estimated annual 

operating costs. 

(8) Labels must contain the model’s 

estimated annual energy consumption 

as determined in accordance with this 

part and as indicated on the sample 

labels in appendix L. Labels must 

contain the model’s energy efficiency 

rating, as applicable, as determined in 

accordance with this part and as 

indicated on the sample labels in 

appendix L to this part. 

(9) Labels must contain a statement as 

illustrated in the prototype labels in 

appendix L and specified as follows (fill 

in the blanks with the appropriate 

model type, year, energy type, and 

energy cost figure): 

Your costs will depend on your utility 

rates and use. 

Cost range based only on models [of 

similar capacity without reverse cycle 

and with louvered sides; of similar 

capacity without reverse cycle and 

without louvered sides; with reverse 

cycle and with louvered sides; or with 

reverse cycle and without louvered 

sides]. 

Estimated annual energy cost is based 

on a national average electricity cost of 

ll cents per kWh and a seasonal use 

of 8 hours use per day over a 3 month 

period. 

For more information, visit 

www.ftc.gov/energy. 

(10) The following statement shall 

appear on each label as illustrated in the 

prototype and sample labels in 

appendix L: 

Federal law prohibits removal of this 

label before consumer purchase. 

(b) Additional information. No marks 

or information other than that specified 

in this part shall appear on or directly 

adjoining this label except that: 

(1) A part or publication number 

identification may be included on this 

label, as desired by the manufacturer. If 

a manufacturer elects to use a part or 

publication number, it must appear in 

the lower right-hand corner of the label 

and be set in 6-point type or smaller. 

(2) The energy use disclosure labels 

required by the governments of Canada 

or Mexico may appear directly adjoining 

this label, as desired by the 

manufacturer. 

(3) The manufacturer or private 

labeler may include the ENERGY STAR 

logo on the bottom right corner of the 

label for certified products. The logo 

must be 1 inch by 1 inch in size. Only 

manufacturers that have signed a 

Memorandum of Understanding with 

the Department of Energy or the 

Environmental Protection Agency may 

add the ENERGY STAR logo to labels on 

certified covered products; such 

manufacturers may add the ENERGY 

STAR logo to labels only on those 

covered products that are contemplated 

by the Memorandum of Understanding. 

■ 20. Add new § 305.19 to read as 

follows: 

§ 305.19 Label content for pool heaters. 

(a) Label content. (1) Headlines and 

texts, as illustrated in the prototype and 

sample labels in appendix L to this part, 

are standard for all labels. 

(2) Name of manufacturer or private 

labeler shall, in the case of a 

corporation, be deemed to be satisfied 

only by the actual corporate name, 

which may be preceded or followed by 

the name of the particular division of 

the corporation. In the case of an 

individual, partnership, or association, 

the name under which the business is 

conducted shall be used. Inclusion of 

the name of the manufacturer or private 

labeler is optional at the discretion of 

the manufacturer or private labeler. 

(3) Model number(s) will be the 

designation given by the manufacturer 

or private labeler. 

(4) Capacity or size is that determined 

in accordance with this part. 

(5) Thermal efficiencies are as 

determined in accordance with this 

part. 

(6) Unless otherwise indicated in this 

paragraph, ranges of comparability for 

thermal efficiencies are found in the 

appropriate appendices accompanying 

this part. 

(7) Placement of the labeled product 

on the scale shall be proportionate to 

the lowest and highest thermal 

efficiencies. 

(8) Labels must contain the model’s 

energy efficiency rating or thermal 

efficiency, as applicable, as determined 

in accordance with this part and as 

indicated on the sample labels in 

appendix L to this part. 

(9) Labels must contain a statement as 

illustrated in the prototype labels in 

appendix L and specified as follows: 

Efficiency range based only on models 

fueled by [natural gas or oil]. 

For more information, visit 

www.ftc.gov/energy. 

(10) The following statement shall 

appear on each label as illustrated in the 

prototype and sample labels in 

appendix L to this part: 

Federal law prohibits removal of this 

label before consumer purchase. 

(b) Additional information. No marks 

or information other than that specified 

in this part shall appear on or directly 

adjoining this label except that: 

(1) A part or publication number 

identification may be included on this 

label, as desired by the manufacturer. If 

a manufacturer elects to use a part or 

publication number, it must appear in 

the lower right-hand corner of the label 

and be set in 6-point type or smaller. 

(2) The energy use disclosure labels 

required by the governments of Canada 

or Mexico may appear directly adjoining 

this label, as desired by the 

manufacturer. 

(3) The manufacturer or private 

labeler may include the ENERGY STAR 

logo on the bottom right corner of the 

label for certified products. The logo 

must be 1 inch by 1 inch in size. Only 

manufacturers that have signed a 

9272 Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Proposed Rules 

1Energy Policy and Conservation Act, 42 U.S.C. 

6295. 

2 Interview with Alfred E. Kahn, Professor 

Emeritus of Economics, Cornell University, 

available at https://www.pbs.org/fmc/interviews/ 

kahn.htm (‘‘Since the airlines could not compete in 

price, they competed in quality . . . . Instead of 

competing on the meals that they gave and free inflight entertainment, under regulation, 

internationally, that was prohibited, because that 

was another kind of competition. So they actually 

regulated the size of sandwiches in the 

international routes.’’). 

3The CAB’s micromanagement of airlines’ 

operations—up to and including sandwich sizes— 

led then-CAB Chairman Kahn, later the ‘‘Father of 

Deregulation,’’ to ask ‘‘Is this what my mother 

raised me to do?’’ See Herbert Hovenkamp, The 

Opening of American Law: Neoclassical Legal 

Thought, 1870–1970, at 321 (2015) (providing quote 

without attribution); see also Nancy L. Rose, In 

Remembrance of Alfred E. Kahn: Fred Kahn’s 

Impact on Deregulation and Regulatory Reform, 102 

Am. Econ. Rev. Papers & Proceedings 376 (2012). 

4See, e.g., Derek Thompson, How Airline Ticket 

Prices Fell 50% in 30 Years (and Why Nobody 

Noticed), The Atlantic, Feb. 28, 2013, https://

www.theatlantic.com/business/archive/2013/02/ 

how-airline-ticket-prices-fell-50-in-30-years-andwhy-nobody-noticed/273506/. 

5 Id. 

6See, e.g., J. Howard Beales III & Timothy J. 

Muris, FTC Consumer Protection at 100: 1970s 

Redux or Protecting Markets to Protect Consumers?, 

83 Geo. Wash. L. Rev. 2157, 2159 (2015) (quoting 

Jean Carper, The Backlash at the FTC, Wash. Post, 

Feb. 6, 1977, at C1). 

Memorandum of Understanding with 

the Department of Energy or the 

Environmental Protection Agency may 

add the ENERGY STAR logo to labels on 

certified covered products; such 

manufacturers may add the ENERGY 

STAR logo to labels only on those 

covered products that are contemplated 

by the Memorandum of Understanding. 

§ 305.20 [Amended] 

■ 21. In newly re-designated § 305.20, 

remove the references to ‘‘§ 305.5’’ 

wherever they appear and add in their 

place the words ‘‘this part,’’ and remove 

the reference to ‘‘7A’’ and add in its 

place the reference ‘‘7’’. 

§ 305.21 [Amended] 

■ 22. In newly re-designated § 305.21, 

remove the references to ‘‘§ 305.5’’ 

wherever they appear and add in their 

place the reference ‘‘§ 305.8.’’ 

§ 305.23 [Amended] 

■ 23. In newly re-designated § 305.23, 

remove the references ‘‘§ 305.2(n),’’ 

‘‘§ 305.2(w),’’ ‘‘§ 305.2(hh)’’ wherever 

they appear and add in their place the 

words ‘‘this part.’’ 

§ 305.24 [Amended] 

■ 24. Amend newly re-designated 

§ 305.24 by removing paragraphs (b)(4) 

and (b)(5). 

§ 305.25 [Amended] 

■ 25. In newly re-designated § 305.25, 

for each reference indicated in the left 

column, remove the reference indicated 

from wherever it appears in the section, 

and add in its place the reference 

indicated in the right column: 

Remove Add 

§ 305.11(d)(2) ............ § 305.13(e)(2). 

§ 305.5 of this part .... this part. 

§ 305.5 ....................... this part. 

§ 305.6 ....................... § 305.9. 

§ 305.26 [Amended] 

■ 26. In § 305.26, remove the references 

‘‘§ 305.11(f)’’ and ‘‘§ 305.4(e)’’ and add 

in their place respectively the references 

‘‘this part’’ and ‘‘§ 305.7(e).’’ 

§ 305.27 [Amended] 

■ 27. In § 305.27, for each reference 

indicated in the left column, remove the 

reference indicated from wherever it 

appears in the section, and add in its 

place the reference indicated in the right 

column: 

Remove Add 

§ 305.5 ....................... this part. 

§ 305.5 and appendix 

K of this Part.

this part. 

§ 305.7 ....................... this part. 

Remove Add 

§ 305.13 ..................... § 305.21. 

§ 305.15 ..................... § 305.23. 

§ 305.15(b)(3)(iv) ....... § 305.23(b)(3)(iv). 

§ 305.15(d)(1) ............ § 305.23(g)(1). 

§ 305.16 ..................... this part. 

§ 305.20(a)(1)(ii) ........ § 305.27(a)(1)(ii). 

§ 305.20(b)(1)(i) and 

(ii).

§ 305.27(b)(1)(i) and 

(ii). 

§ 305.29 [Amended] 

■ 28. In § 305.29, remove the reference 

to ‘‘§ 305.21(b)’’ and add in its place the 

reference ‘‘§ 305.28(b).’’ 

By direction of the Commission, 

Commissioner Wilson dissenting. 

Donald S. Clark, 

Secretary. 

The following will not appear in the 

Code of Federal Regulations: 

Dissenting Statement of Commissioner 

Christine S. Wilson 

I dissent from the Commission’s 

decision to issue a Federal Register 

Notice seeking comment on the 

proposed changes to the Energy 

Labeling Rule. I appreciate that staff 

undertook this Rule review to improve 

its organization and clarity. Moreover, I 

understand that the Commission is 

required by statute to issue a rule 

governing the energy labeling of 

appliances.1 I question, however, 

whether it is necessary for the Rule to 

prescribe the weight of the paper (58 

pounds per 500 sheets) a manufacturer 

must use when printing the 

EnergyGuide label and the minimum 

peel capacity of the adhesive it must use 

to affix the label to the appliance. I 

believe this Commission should review 

its roster of rules with a deregulatory 

mindset. Consequently, the Commission 

should use this opportunity to rethink 

its approach to the scope and detail of 

this Rule’s requirements. 

Freeing businesses from unnecessarily 

prescriptive requirements benefits 

consumers. Airlines are one oft-quoted 

example. In the late 1970s, Alfred E. 

Kahn was appointed to run the Civil 

Aeronautics Board, which at that time 

regulated both price and non-price 

aspects of competition, including airline 

routes, fares, and schedules. Regulations 

even went so far as to specify the size 

of sandwiches served in flight.2 Soon 

after taking office, Kahn recommended 

disbanding the agency, and Congress 

agreed.3 The changes were dramatic: 

Inflation-adjusted round-trip airfares 

roughly halved over the next 30 years.4

On some routes, prices fell even further. 

For example, the minimum inflationadjusted price an airline could charge 

between New York and Los Angeles was 

$1,442 in 1974; consumers now 

routinely pay less than $300.5

Although deregulating energy labeling 

pales in comparison to Kahn’s 

comprehensive deregulation of the 

airline industry, the same principle—to 

leave firms room to experiment within 

the bounds set by applicable law— 

applies here. For example, a 

manufacturer with particularly 

impressive energy conservation 

statistics might wish to trumpet that 

achievement with a larger and more 

detailed graphic. A manufacturer with 

less impressive statistics must of course 

satisfy its baseline labeling obligations. 

Surely, we as a Commission can provide 

guidance on labeling requirements 

without dictating minutia involving the 

type of paper and adhesive employed. 

In short, I support fulfilling the 

statutory mandate that Congress has 

imposed, but cannot vote to issue the 

Rule in its present form. As it stands, 

the Rule is laden with many additional 

commandments that go far beyond what 

is necessary to fulfill our obligation 

under the relevant statute. Although the 

Commission long ago abandoned some 

of the most egregious instances of 

invasive regulatory zeal that earned it 

the sobriquet of the ‘‘second most 

powerful legislature in Washington,’’ 6

forswearing new mistakes is not enough. 

We must also revisit and pare back 

existing regulatory excesses, including 

Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Proposed Rules 9273 

some of the requirements contained in 

this rule. 

[FR Doc. 2018–27324 Filed 3–13–19; 8:45 am] 

BILLING CODE 6750–01–P 

INTERNATIONAL TRADE 

COMMISSION 

19 CFR Part 220 

Submission and Consideration of 

Petitions for Duty Suspensions and 

Reductions 

AGENCY: United States International 

Trade Commission. 

ACTION: Proposed amendments to rule 

with request for comments. 

SUMMARY: The United States 

International Trade Commission 

(Commission) proposes to amend Part 

220 of its Rules of Practice and 

Procedure. Part 220 governs the 

submission and consideration of 

petitions for duty suspensions and 

reductions under the American 

Manufacturing Competitiveness Act of 

2016. The amendments are necessary to 

clarify certain provisions and address 

concerns that have arisen in 

Commission practice. 

DATES: To be assured of consideration, 

written comments must be received by 

5:15 p.m.: April 15, 2019. 

ADDRESSES: You may submit comments, 

identified by docket number MISC–046, 

Rulemaking Regarding Petitions for 

Duty Suspensions/Reductions, by any of 

the following methods: 

—Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

—Agency Website: https://

edis.usitc.gov. Follow the instructions 

for submitting comments on the 

website. 

—Mail: For paper submission. U.S. 

International Trade Commission, 500 E 

Street SW, Room 112A, Washington, DC 

20436. 

—Hand Delivery/Courier: U.S. 

International Trade Commission, 500 E 

Street SW, Room 112A, Washington, DC 

20436. From the hours of 8:45 a.m. to 

5:15 p.m. 

Instructions: All submissions received 

must include the agency name and 

docket number (MISC–046, Rulemaking 

Regarding Petitions for Duty 

Suspensions/Reductions), along with a 

cover letter stating the nature of the 

commenter’s interest in the proposed 

rulemaking. All comments received will 

be posted, without change, to https://

edis.usitc.gov including any personal 

information provided. For paper copies, 

a signed original and 8 copies of each 

set of comments should be submitted to 

Lisa R. Barton, Secretary, U.S. 

International Trade Commission, 500 E 

Street SW, Room 112A, Washington, DC 

20436. 

For access to the docket to read 

background documents or comments 

received, go to https://edis.usitc.gov 

and/or the U.S. International Trade 

Commission, 500 E Street SW, Room 

112A, Washington, DC 20436. 

FOR FURTHER INFORMATION CONTACT: Lisa 

R. Barton, Secretary, telephone (202) 

205–2000 or William Gearhart, Esquire, 

Office of the General Counsel, United 

States International Trade Commission, 

telephone (202) 205–3091. Hearingimpaired individuals are advised that 

information on this matter can be 

obtained by contacting the 

Commission’s TDD terminal at 202– 

205–1810. General information 

concerning the Commission may also be 

obtained by accessing its website at 

https://www.usitc.gov. 

SUPPLEMENTARY INFORMATION: The 

preamble below is designed to assist 

readers in understanding these 

proposed amendments to the 

Commission’s Rules of Practice and 

Procedure (the Rules). This preamble 

provides background information, a 

regulatory analysis of the amendments, 

a section-by-section explanation of the 

amendments, and a description of the 

amendments to the Rules. The 

Commission encourages members of the 

public to comment on whether the 

language of the amendments is 

sufficiently clear for users to 

understand, and to submit any other 

comments they wish to make on the 

amendments. 

These amendments are being 

promulgated in accordance with the 

Administrative Procedure Act (5 U.S.C. 

553) (APA). If the Commission decides 

to proceed with this rulemaking after 

reviewing the comments filed in 

response to this notice, the proposed 

rule revisions will be promulgated in 

accordance with the applicable 

requirements of the APA and will be 

codified in 19 CFR part 220. 

Background 

Section 335 of the Tariff Act of 1930 

(19 U.S.C. 1335) authorizes the 

Commission to adopt such reasonable 

procedures, rules and regulations as it 

deems necessary to carry out its 

functions and duties. In addition, 

section 3(b)(5) of the American 

Manufacturing Competitiveness Act of 

2016 (19 U.S.C. 1332 note) (the Act) 

directs the Commission to prescribe and 

publish in the Federal Register, and on 

a publicly available internet website of 

the Commission, procedures to be 

complied with by members of the public 

submitting petitions for duty 

suspensions and reductions under 

section 3(b)(1)(A) of that Act. 

The Commission is amending its rules 

governing the submission and 

consideration of petitions for duty 

suspensions and reductions under the 

Act. Section 3 of the Act establishes a 

process for the submission and 

consideration of petitions for duty 

suspensions and reductions. More 

specifically, it directs the Commission 

to publish notices, not later than 

October 15, 2016, and October 15, 2019, 

that requests members of the public to 

submit petitions to the Commission for 

duty suspensions and reductions, 

provided they can demonstrate that they 

are likely beneficiaries of such duty 

suspensions or reductions. The Act also 

provides that the petitioners must 

submit disclosure forms with respect to 

such duty suspensions and reductions. 

The petitions and disclosure forms must 

be submitted during the 60-day period 

beginning on the date of publication of 

the Commission’s notices. Section 3 of 

the Act also lists the types of 

information that must be included in a 

petition. 

Section 3 of the Act requires that the 

Commission publish on its website all 

petitions that contain the required 

information and the related disclosure 

forms no later than 30 days after the 

close of the 60-day filing period. It also 

provides that members of the public 

will have 45 days from the date of the 

notice’s publication to submit 

comments to the Commission regarding 

the petitions and disclosure forms. The 

Commission must make those 

comments available to the public on the 

Commission’s website. 

The Commission adopted the rules it 

is amending as a final rule effective 

December 26, 2018 (see notice 

published in the Federal Register on 

December 26, 2018 (83 FR 66102)). In so 

doing the Commission adopted, without 

change, the interim rule published in 

the Federal Register on September 30, 

2016 (61 FR 67144). In its notice 

promulgating the interim rule, the 

Commission invited interested parties to 

file comments on the interim rule; no 

comments were filed. In its notice of 

final rulemaking published on 

December 26, 2018, the Commission 

stated that it may propose several 

amendments to this final rule. 

These amendments modify the text of 

sections 220.5, 220.6, 220.7, 220.9, 

220.10, and 220.11 of Part 220. In 

addition, these amendments redesignate current sections 220.11, 

220.12, 220.13, and 220.14 as sections