[Federal Register Volume 84, Number 50 (Thursday, March 14, 2019)]
[Proposed Rules]
[Pages 9261-9273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27324]


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FEDERAL TRADE COMMISSION

16 CFR Part 305

[3084-AB15]


Energy Labeling Rule

AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').

ACTION: Notice of proposed rulemaking.

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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:
    <bullet> 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.
    <bullet> 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.
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    \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.
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    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.,

[[Page 9262]]

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\
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    \3\ 16 CFR 305.10.
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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\
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    \4\ To 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/public-comments/2018/12/initiative-791.
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    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.
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    \5\ The four proposed product category sections are: Sec.  305.3 
(Description of appliances and consumer electronics), Sec.  305.4 
(Description of furnaces and central air conditioners), Sec.  305.5 
(Description of lighting products), and Sec.  305.6 (Description of 
plumbing products).
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    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\
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    \6\ The revised sections include: Sec.  305.13 (Layout, format, 
and placement of labels for all products), Sec.  305.14 (Label 
content for refrigerators, refrigerator-freezers, and freezers); 
Sec.  305.15 (Label content for clothes washers), Sec.  305.16 
(Label content for dishwashers), Sec.  305.17 (Label content for 
water heaters), Sec.  305.18 (Label content for room air 
conditioners), and Sec.  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.
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    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.
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    \7\ The 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).
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    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

[[Page 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'')

0
1. The authority citation for Part 305 continues to read as follows:

    Authority:  42 U.S.C. 6294.

0
2. Amend Sec.  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 Sec. Sec.  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 kilowatt-hours 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.
* * * * *
0
3. Revise Sec.  305.3 to read as follows:


Sec.  305.3   Description of appliances and consumer electronics.

    (a) Refrigerators and refrigerator-freezers. (1) Electric 
refrigerator means a cabinet designed for the refrigerated storage of 
food, designed to be capable of achieving storage temperatures above 32 
[deg]F (0 [deg]C) and below 39 [deg]F (3.9 [deg]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 [deg]F (0 
[deg]C), but does not provide a separate low temperature compartment 
designed for the freezing and storage of food at temperatures below 8 
[deg]F (-13.3 [deg]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 [deg]F (0 [deg]C) and below 39 
[deg]F (3.9 [deg]C), and with at least one of the compartments designed 
for the freezing and storage of food at temperatures below 8 [deg]F (-
13.3 [deg]C) which may be adjusted by the user to a temperature of 0 
[deg]F (-17.8 [deg]C) or below. The source of refrigeration requires 
single phase, alternating current electric energy input only.

[[Page 9264]]

    (b) Freezer means a cabinet designed as a unit for the freezing and 
storage of food at temperatures of 0 [deg]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 [deg]F) or a dishwasher for 
which the manufacturer recommends operation with a nominal inlet water 
temperature of 120 [deg]F and may operate at either of these inlet 
water temperatures by providing internal water heating to above 120 
[deg]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, semi-automatic 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.


Sec.  305.11  [Removed and reserved]

0
4. Remove and reserve Sec.  305.11.


Sec. Sec.  305.4 through 305.25   [Amended]

0
5. Re-designate Sec. Sec.  305.4 through 305.8, Sec.  305.10, 
Sec. Sec.  305.12 through Sec. Sec.  305.17 and Sec. Sec.  305.19 
through Sec. Sec.  305.25 as follows:

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                Old section                          New section
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Sec.   305.4..............................  Sec.   305.7
Sec.   305.5..............................  Sec.   305.8
Sec.   305.6..............................  Sec.   305.9
Sec.   305.7..............................  Sec.   305.10
Sec.   305.8..............................  Sec.   305.11
Sec.   305.10.............................  Sec.   305.12
Sec.   305.12.............................  Sec.   305.20
Sec.   305.13.............................  Sec.   305.21
Sec.   305.14.............................  Sec.   305.22
Sec.   305.15.............................  Sec.   305.23
Sec.   305.16.............................  Sec.   305.24
Sec.   305.17.............................  Sec.   305.25
Sec.   305.19.............................  Sec.   305.26
Sec.   305.20.............................  Sec.   305.27
Sec.   305.21.............................  Sec.   305.28
Sec.   305.22.............................  Sec.   305.29
Sec.   305.23.............................  Sec.   305.30
Sec.   305.24.............................  Sec.   305.31
Sec.   305.25.............................  Sec.   305.32
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0
6. Add new Sec.  305.4 to read as follows:


Sec.  305.4   Description of furnaces and central air conditioners.

    (a) Furnaces. (1) Furnace means a product which utilizes only 
single-phase 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

[[Page 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 [deg]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 [deg]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.
0
7. Add new Sec.  305.5 to read as follows:


Sec.  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

[[Page 9266]]

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 high- or 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 
shatter-protected 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;

[[Page 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.
0
8. Add new Sec.  305.6 to read as follows:


Sec.  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.
0
9. In newly re-designated Sec.  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:


Sec.  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.
* * * * *
0
10. In newly re-designated Sec.  305.8, revise paragraph (c) to read as 
follows:


Sec.  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 Sec.  305.21 and 
televisions under Sec.  305.25 must be derived from applicable 
procedures in 10 CFR parts 429, 430, and 431.
0
11. Revise newly re-designated Sec.  305.9 to read as follows:


Sec.  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.
0
12. In newly re-designated Sec.  305.11, revise paragraph (a)(5) to 
read as follows, remove the references to ``Sec.  305.6(a)'' and 
``Sec.  305.8(a),'' and add in their place respectively the words 
``305.9'' and ``Sec.  305.11(a).'':


Sec.  305.11   Submission of data.

    (a) * * *
    (5) Manufacturers must submit a website address for the online 
EnergyGuide labels covered by Sec.  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.
* * * * *
0
13. In newly re-designated Sec.  305.12:
0
a. Revise the paragraph (c) introductory text and paragraph (c)(1);
0
b. Remove the reference ``Sec.  305.11'' and add in its place ``Sec.  
305.14 through Sec.  305.19''; and
0
c. Remove the reference to ``Sec.  305.20'' and add in its place 
``Sec.  305.27''.
    The revisions read as follows:


Sec.  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
* * * * *
0
14. Add new Sec.  305.13 to read as follows:


Sec.  305.13   Layout, format, and placement of labels for 
refrigerators, refrigerator-freezers, 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 5\1/4\ inches and 5\1/2\ inches (13.34 cm. and 13.97 cm.); 
length must be between 7\3/8\ inches (18.73 cm.) and 7\5/8\ (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

[[Page 9268]]

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 (25\1/2\'' x 30\1/2\'' 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[deg]) 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.
0
15. Add new Sec.  305.14 to read as follows:


Sec.  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, refrigerator-freezers, 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 __cents 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.

[[Page 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 __ 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.
0
16. Add new Sec.  305.15 to read as follows:


Sec.  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 __cents per kWh and natural gas 
cost of $ __ 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.

[[Page 9270]]

0
17. Add new Sec.  305.16 to read as follows.


Sec.  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 [__] cents per kWh and natural gas 
cost of $[__] 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.
0
18. Add new Sec.  305.17 to read as follows:


Sec.  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 [__ cents per kWh or $__ per 
therm or gallon].
    Estimated yearly energy use: __ [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 [ __ cents per kWh or $__ per therm or 
gallon].
    Estimated yearly energy use: __ [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.

[[Page 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.
0
19. Add Sec.  305.18 to read as follows:


Sec.  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 __ 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.
0
20. Add new Sec.  305.19 to read as follows:


Sec.  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

[[Page 9272]]

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.


Sec.  305.20  [Amended]

0
21. In newly re-designated Sec.  305.20, remove the references to 
``Sec.  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''.


Sec.  305.21  [Amended]

0
22. In newly re-designated Sec.  305.21, remove the references to 
``Sec.  305.5'' wherever they appear and add in their place the 
reference ``Sec.  305.8.''


Sec.  305.23  [Amended]

0
23. In newly re-designated Sec.  305.23, remove the references ``Sec.  
305.2(n),'' ``Sec.  305.2(w),'' ``Sec.  305.2(hh)'' wherever they 
appear and add in their place the words ``this part.''


Sec.  305.24  [Amended]

0
24. Amend newly re-designated Sec.  305.24 by removing paragraphs 
(b)(4) and (b)(5).


Sec.  305.25  [Amended]

0
25. In newly re-designated Sec.  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
------------------------------------------------------------------------
Sec.   305.11(d)(2).......................  Sec.   305.13(e)(2).
Sec.   305.5 of this part.................  this part.
Sec.   305.5..............................  this part.
Sec.   305.6..............................  Sec.   305.9.
------------------------------------------------------------------------

Sec.  305.26  [Amended]

0
26. In Sec.  305.26, remove the references ``Sec.  305.11(f)'' and 
``Sec.  305.4(e)'' and add in their place respectively the references 
``this part'' and ``Sec.  305.7(e).''


Sec.  305.27  [Amended]

0
27. In Sec.  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
------------------------------------------------------------------------
Sec.   305.5..............................  this part.
Sec.   305.5 and appendix K of this Part..  this part.
Sec.   305.7..............................  this part.
Sec.   305.13.............................  Sec.   305.21.
Sec.   305.15.............................  Sec.   305.23.
Sec.   305.15(b)(3)(iv)...................  Sec.   305.23(b)(3)(iv).
Sec.   305.15(d)(1).......................  Sec.   305.23(g)(1).
Sec.   305.16.............................  this part.
Sec.   305.20(a)(1)(ii)...................  Sec.   305.27(a)(1)(ii).
Sec.   305.20(b)(1)(i) and (ii)...........  Sec.   305.27(b)(1)(i) and
                                             (ii).
------------------------------------------------------------------------

Sec.  305.29  [Amended]

0
28. In Sec.  305.29, remove the reference to ``Sec.  305.21(b)'' and 
add in its place the reference ``Sec.  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.
---------------------------------------------------------------------------

    \1\ Energy Policy and Conservation Act, 42 U.S.C. 6295.
---------------------------------------------------------------------------

    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 inflation-adjusted price an airline could charge 
between New York and Los Angeles was $1,442 in 1974; consumers now 
routinely pay less than $300.\5\
---------------------------------------------------------------------------

    \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 in-flight 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.'').
    \3\ The 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).
    \4\ See, 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-and-why-nobody-noticed/273506/.
    \5\ Id.
---------------------------------------------------------------------------

    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

[[Page 9273]]

some of the requirements contained in this rule.
---------------------------------------------------------------------------

    \6\ See, 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).

[FR Doc. 2018-27324 Filed 3-13-19; 8:45 am]
 BILLING CODE 6750-01-P