72872 Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Proposed Rules 

1 42 U.S.C. 6291 et seq. 

2More information about the Rule can be found 

at http://www.ftc.gov/appliances. 

3 44 FR 66466 (Nov. 19, 1979). 

4See 52 FR 46888 (Dec. 10, 1987) (central air 

conditioners and heat pumps); 54 FR 28031 (Jul. 5, 

1989) (fluorescent lamp ballasts); 58 FR 54955 (Oct. 

25, 1993) (certain plumbing products); 59 FR 25176 

(May 13, 1994) (lighting products); 59 FR 49556 

(Sep. 28, 1994) (pool heaters); 71 FR 78057 (Dec. 

26, 2006) (ceiling fans); and 76 FR 1038 (Jan. 6, 

2011) (televisions). 

5See 42 U.S.C. 6302(a)(1) and 16 CFR 305.4(a)(1). 

6See 42 U.S.C. 6302(a)(2) and 16 CFR 305.4(a)(2). 

7See 42 U.S.C. 6296(a) and 16 CFR 305.20. 

Controlling agency. FAA, Minneapolis 

ARTCC. 

Using agency. U.S. Air Force, 119th 

Operations Support Squadron, Hector 

International Airport, Fargo, ND. 

R–5403D Devils Lake, ND [New] 

Boundaries. Beginning at lat. 47°35′39′′ N., 

long. 98°15′00′′ W.; to lat. 47°15′00′′ N., long. 

98°15′00′′ W.; to lat. 47°15′00′′ N., long. 

99°15′00′′ W.; to the point of beginning. 

Designated Altitudes. 10,000 feet MSL to, 

but not including, 12,000 feet MSL. 

Time of designation. 0700–2200 daily, by 

NOTAM 4 hours in advance; other times by 

NOTAM. 

Controlling agency. FAA, Minneapolis 

ARTCC. 

Using agency. U.S. Air Force, 119th 

Operations Support Squadron, Hector 

International Airport, Fargo, ND. 

R–5403E Devils Lake, ND [New] 

Boundaries. Beginning at lat. 47°35′39′′ N., 

long. 98°15′00′′ W.; to lat. 47°15′00′′ N., long. 

98°15′00′′ W.; to lat. 47°15′00′′ N., long. 

99°15′00′′ W.; to the point of beginning. 

Designated Altitudes. 12,000 feet MSL to, 

but not including, 14,000 feet MSL. 

Time of designation. 0700–2200 daily, by 

NOTAM 4 hours in advance; other times by 

NOTAM. 

Controlling agency. FAA, Minneapolis 

ARTCC. 

Using agency. U.S. Air Force, 119th 

Operations Support Squadron, Hector 

International Airport, Fargo, ND. 

R–5403F Devils Lake, ND [New] 

Boundaries. Beginning at lat. 47°35′39′′ N., 

long. 98°15′00′′ W.; to lat. 47°15′00′′ N., long. 

98°15′00′′ W.; to lat. 47°15′00′′ N., long. 

99°15′00′′ W.; to the point of beginning. 

Designated Altitudes. 14,000 feet MSL to, 

but not including, FL 180. 

Time of designation. 0700–2200 daily, by 

NOTAM 4 hours in advance; other times by 

NOTAM. 

Controlling agency. FAA, Minneapolis 

ARTCC. 

Using agency. U.S. Air Force, 119th 

Operations Support Squadron, Hector 

International Airport, Fargo, ND. 

Issued in Washington, DC, on November 

17, 2011. 

Gary A. Norek, 

Acting Manager, Airspace, Regulations and 

ATC Procedures Group. 

[FR Doc. 2011–30495 Filed 11–25–11; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 305 

[RIN 3084–AB03] 

Rule Concerning Disclosures 

Regarding Energy Consumption and 

Water Use of Certain Home Appliances 

and Other Products Required Under 

the Energy Policy and Conservation 

Act (‘‘Appliance Labeling Rule’’) 

AGENCY: Federal Trade Commission 

(FTC or Commission). 

ACTION: Advance notice of proposed 

rulemaking and public meeting 

announcement. 

SUMMARY: The Commission seeks 

comment on disclosures to help 

consumers, distributors, contractors, 

and installers easily determine whether 

a specific furnace, central air 

conditioner, or heat pump meets the 

applicable new Department of Energy 

efficiency standard for the regions 

where it will be installed. The 

Commission seeks comment on the 

content, location, and format of such 

disclosures. As part of this effort, the 

Commission staff will hold a public 

meeting with the Department of Energy 

to discuss possible disclosures. 

DATES: Comments must be received by 

January 10, 2012. The public meeting 

will be held on December 16, 2011. 

ADDRESSES: Interested parties may file a 

comment online or on paper, by 

following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘Regional Labeling for 

Heating and Cooling Equipment (16 CFR 

Part 305) (Project No. P114202)’’ on 

your comment, and file your comment 

online at https://public.commentworks.

com/ftc/regional-disclosuresanpr, by 

following the instructions on the webbased form. If you prefer to file your 

comment on paper, mail or deliver your 

comment to the following address: 

Federal Trade Commission, Office of the 

Secretary, Room H–113 (Annex H), 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. 

FOR FURTHER INFORMATION CONTACT: 

Hampton Newsome, Attorney, (202) 

326–2889, Division of Enforcement, 

Federal Trade Commission, 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Commission seeks comment on 

new labeling requirements and other 

disclosures for residential furnaces, 

central air conditioners, and heat pumps 

(i.e., heating and cooling equipment) to 

help consumers and industry members 

install equipment with the efficiency 

rating appropriate for their location 

under new regional efficiency standards 

issued by the Department of Energy 

(DOE). These new standards impose 

minimum efficiency levels which vary 

by region for different types of 

equipment. 

To facilitate the development of such 

disclosures, the Commission seeks 

comment on their appropriate content, 

location, and format. After considering 

comments, the Commission will publish 

specific proposed requirements for 

comment and then publish final 

disclosure requirements as amendments 

to the Commission’s Appliance Labeling 

Rule (16 CFR Part 305). 

II. Background 

The Commission’s Appliance 

Labeling Rule, issued pursuant to the 

Energy Policy and Conservation Act 

(EPCA),1 requires energy labeling for 

major household appliances and other 

consumer products to help consumers 

compare competing models.2 When first 

published in 1979,3 the Rule applied to 

eight appliance categories: refrigerators, 

refrigerator-freezers, freezers, 

dishwashers, water heaters, clothes 

washers, room air conditioners, and 

furnaces. Since 1979, the Commission 

has expanded the Rule’s coverage to 

include central air conditioners, heat 

pumps, plumbing products, lighting 

products, ceiling fans, certain types of 

water heaters, and televisions.4 The 

Rule requires manufacturers to attach 

yellow EnergyGuide labels to all 

covered furnaces, central air 

conditioners, and heat pumps.5 The 

Rule also prohibits retailers from 

removing these labels or rendering them 

illegible.6 In addition, sellers, including 

retailers, must post label information on 

Web sites and in paper catalogs from 

which covered products can be 

ordered.7

The EnergyGuide labels for heating 

and cooling equipment contain two key 

disclosures: (1) The product’s efficiency 


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Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Proposed Rules 72873 

8Efficiency ratings for these products include 

annual fuel utilization efficiency (AFUE) for 

furnaces, and seasonal energy efficiency ratio 

(SEER) and heating performance seasonal factor 

(HSPF) for central air conditioners and heat pumps. 

9 16 CFR 305.13. 

10 16 CFR 305.14. 

11 76 FR 37408. 

12Public Law 110–140; 42 U.S.C. 6295(o)(6). 

EISA amended EPCA to authorize separate regional 

standards for these products. 

13See 76 FR 67037 (Oct. 31, 2011). Although 

DOE’s final standards became effective on October 

25, 2011, DOE is not requiring compliance until 

later. Specifically, DOE will require 

nonweatherized gas furnaces to comply by May 1, 

2013; and weatherized gas furnaces and central air 

conditioner and heat pump product classes to 

comply by January 1, 2015. 

14 42 U.S.C. 6295(o)(6)(B). The DOE standards 

apply to three regions: The North, Southeast, and 

Southwest. For furnaces, the standards are the same 

for the southeastern and southwestern regions. The 

Northern region encompasses Alaska, Colorado, 

Connecticut, Idaho, Illinois, Indiana, Iowa, Kansas, 

Maine, Massachusetts, Michigan, Minnesota, 

Missouri, Montana, Nebraska, New Hampshire, 

New Jersey, New York, North Dakota, Ohio, Oregon, 

Pennsylvania, Rhode Island, South Dakota, Utah, 

Vermont, Washington, West Virginia, Wisconsin, 

and Wyoming. The Southeastern region 

encompasses Alabama, Arkansas, Delaware, 

Florida, Georgia, Hawaii, Kentucky, Louisiana, 

Maryland, Mississippi, North Carolina, Oklahoma, 

South Carolina, Tennessee, Texas, Virginia, and the 

District of Columbia. The Southwest includes 

Arizona, California, New Mexico, and Nevada. 76 

FR 37422. 

15Seasonal Energy Efficiency Rating. 

16Energy Efficiency Rating. 

17Heating Seasonal Performance Factor. 

18 42 U.S.C. 6295(o)(6)(G). 

19 Id. 

20 42 U.S.C. 6295(o)(6)(H). 

rating,8 and (2) a ‘‘range of 

comparability’’ showing the highest and 

lowest ratings for all similar models.9

The Rule also specifies the label’s 

format. For example, the label must be 

yellow and feature the EnergyGuide 

headline in a specific format and type. 

Additionally, manufacturers cannot 

place any information on the label other 

than that specifically allowed by the 

Rule. 

The Rule also requires manufacturers 

to provide distributors and installers 

with energy information about their 

furnaces, central air conditioners, and 

heat pumps in paper or electronic form 

(including internet-based access).10 In 

turn, retailers, including installers, must 

show this information to their 

customers and let them read the 

information before purchase. 

III. DOE Regional Standards for 

Heating and Cooling Equipment 

On June 27, 2011,11 DOE published a 

direct final rule notice promulgating 

new efficiency standards for residential 

furnaces, central air conditioners, and 

heat pumps as authorized by the Energy 

Independence and Security Act of 2007 

(EISA).12 DOE’s direct final rule became 

effective on October 25, 2011.13 Unlike 

existing DOE standards which impose 

uniform, national efficiency levels, the 

new standards for certain products vary 

by region.14 As detailed in Tables 1 and 

2, the DOE standards impose regional 

efficiency standards for split air 

conditioners, package air conditioners, 

and gas furnaces (non-weatherized and 

mobile home). The standards for other 

covered heating and cooling equipment 

are national. 

TABLE 1—DOE REGIONAL EFFICIENCY STANDARDS FOR FURNACES

System type North Southeast Southwest 

Non-weatherized ............................ 90% AFUE .................................... 80% AFUE .................................... 80% AFUE. 

Mobile home gas ........................... 90% AFUE .................................... 80% AFUE .................................... 80% AFUE. 

Non-weatherized ............................ 83% AFUE .................................... 83% AFUE .................................... 83% AFUE. 

Weatherized gas ............................ 81% AFUE .................................... 81% AFUE .................................... 81% AFUE. 

Mobile home oil-fired ..................... 75% AFUE .................................... 75% AFUE .................................... 75% AFUE. 

Weatherized oil-fired ...................... 78% AFUE .................................... 78% AFUE .................................... 78% AFUE. 

Electric ........................................... 78% AFUE .................................... 78% AFUE .................................... 78% AFUE. 

TABLE 2—DOE REGIONAL EFFICIENCY STANDARDS FOR CENTRAL AIR CONDITIONERS AND HEAT PUMPS

System type North Southeast Southwest 

Split-system air .............................. 13 SEER 15 ................................... 14 SEER ....................................... 14 SEER/12.2 EER 16 <45,000 

Btu/h. 

Split-system heat pumps ............... 14 SEER/8.2 HSPF 17 .................. 14 SEER/8.2 HSPF ...................... 14 SEER/8.2 HSPF. 

Single package air conditioners ..... 14 SEER ....................................... 14 SEER ....................................... 14 SEER/11.0 EER. 

Single-Package Heat Pumps ......... 14 SEER/8.0 HSPF ...................... 14 SEER/8.0 HSPF ...................... 14 SEER/8.0 HSPF.

Small-duct, high-velocity systems .. 13 SEER/7.7 HSPF ...................... 13 SEER/7.7 HSPF ...................... 13 SEER/7.7 HSPF. 

Space-constrained products—air 

conditioners.

12 SEER ....................................... 12 SEER ....................................... 12 SEER. 

Space-constrained products—heat 

pumps.

12 SEER/7.4 HSPF ...................... 12 SEER/7.4 HSPF ...................... 12 SEER/7.4 HSPF. 

To promote compliance with these 

new standards, DOE is developing an 

EISA-directed enforcement plan which 

will specify the responsibilities of 

various entities (e.g., installers, 

distributors, and manufacturers) to meet 

the new standards and to make any 

required disclosures.18 DOE must 

complete this plan within 15 months 

after issuance of the final regional 

standards. To augment DOE’s 

enforcement efforts, EISA grants states 

the authority to enforce the regional 

standards in Federal court.19

IV. FTC Disclosures for Heating and 

Cooling Equipment 

To help consumers and businesses 

determine whether a product conforms 

with the regional standards promulgated 

by DOE, EISA directs the FTC to 

develop new disclosures for furnaces, 

central air conditioners, and heat 

pumps. Specifically, the law requires 

the Commission to ‘‘determine the 

appropriate 1 or more methods for 

disclosing information so that 

consumers, distributors, contractors, 

and installers can easily determine 

whether a specific piece of equipment 

that is installed in a specific building is 

in conformance with the regional 

standard that applies to the building.’’ 20

The statute also authorizes the 

Commission to modify the Energy Guide 

label or develop other disclosure 


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21 Id. 

22Efficiency ratings for central air conditioner 

systems depend on the particular condenser and 

evaporator coil paired to form the system. 

Thousands of possible condenser and coil 

combinations exist. Given the impracticality of 

including all such combinations on a label, the 

current EnergyGuide label discloses a condenser’s 

efficiency rating when paired with the coil with 

which it is most commonly sold. The current label 

appears on the condenser only. 

23New ENERGY STAR logo specifications 

adopted by the Environmental Protection Agency 

use a U.S. map to communicate whether a product 

meets the energy efficiency levels for that program. 

http://www.energystar.gov/ia/partners/prod_

development/revisions/downloads/furnaces/

Furnaces_Final_V3_and_V4_Cover_Memo.pdf. 

24Currently, the EnergyGuide label for these 

products only discloses the Seasonal Energy 

Efficiency Rating (SEER). The SEER reflects a 

model’s energy performance over a range of 

temperature conditions while EER measures energy 

performance at a single, high temperature. 

25http://yosemite.epa.gov/opa/admpress.nsf/

names/hq_2011-5-25_fueleconomylabel. 

‘‘methods that make it easy for 

consumers and installers to use and 

understand at the point of 

installation.’’ 21 The Commission must 

complete this effort within 15 months of 

DOE’s final publication of the regional 

standards. To begin this effort, the 

Commission requests comment on the 

content, location, and format for the 

new disclosure requirements. 

The content of the new disclosures 

must help consumers and industry 

members avoid installing equipment in 

violation of regional standards. The 

Commission seeks suggestions for the 

best disclosure content to meet this goal. 

For example, such disclosures could 

simply explain that a particular product 

may or may not be installed in certain 

regions:22

• [For split air conditioner systems 

rated lower than 14 SEER]: 

Federal law prohibits installation of 

this unit in Alabama, Arizona, 

Arkansas, California, Delaware, Florida, 

Georgia, Hawaii, Kentucky, Louisiana, 

Maryland, Mississippi, New Mexico, 

Nevada, North Carolina, Oklahoma, 

South Carolina, Tennessee, Texas, 

Virginia, or the District of Columbia. 

• [For split air conditioner systems 

smaller than 45,000 Btu/h and rated 

lower than 12.2 EER, split air 

conditioner systems larger than or equal 

to 45,000 Btu/h and rated lower than 

11.7 EER, and single-package air 

conditioner systems rated lower than 

11.0 EER]: 

Federal law prohibits installation of 

this unit in Arizona, California, New 

Mexico, or Nevada. 

• [For non-weatherized gas furnaces 

(including mobile home gas furnaces) 

rated lower than 90% AFUE]: 

Federal law prohibits the installation 

of this unit in Alaska, Colorado, 

Connecticut, Idaho, Illinois, Indiana, 

Iowa, Kansas, Maine, Massachusetts, 

Michigan, Minnesota, Missouri, 

Montana, Nebraska, New Hampshire, 

New Jersey, New York, North Dakota, 

Ohio, Oregon, Pennsylvania Rhode 

Island, South Dakota, Utah, Vermont, 

Washington, West Virginia, Wisconsin, 

or Wyoming. 

• [For all other covered products]: 

Federal law allows installation of this 

unit in any U.S. state. 

These examples represent one possible 

approach for providing the content of 

the disclosures. Other possibilities 

include providing more detailed 

explanations of the standards or using 

illustrations, such as a map of the U.S. 

to indicate where the law prohibits 

installation of certain equipment.23 The 

Commission seeks comments on these 

options and other possible disclosures. 

Please address whether the label should 

include additional information that may 

be relevant to regional standards 

compliance, such as the Energy 

Efficiency Rating (EER) for central air 

conditioners.24 Commenters should also 

refer to the specific questions set forth 

in section V. 

Comments should also address the 

location and format for the required 

disclosures. For instance, the 

EnergyGuide label could be revised to 

include information about whether a 

specific piece of equipment meets 

standards for installation in a specific 

region. Alternatively, the manufacturer 

could provide the required disclosures 

through other means such as product 

nameplates, product packaging, 

brochures, user manuals, Web sites, or 

online databases. Such alternative 

methods might provide more space than 

the EnergyGuide labels for the 

disclosure of detailed compliance 

information. The disclosure format 

could also involve a combination of 

these approaches. For example, the 

Energy Guide label could include a QR 

(Quick Response) scan code to provide 

mobile phone access to an online 

database containing detailed product 

information in addition to disclosures 

on the label or elsewhere. The EPA 

recently adopted such an approach for 

new fuel economy labels on 

automobiles.25 In addressing these 

issues, commenters should also 

consider the specific questions in 

section V. 

V. Issues and Questions for Comment 

The Commission seeks general 

comments on potential disclosure 

methods to help consumers, 

distributors, contractors, and installers 

easily determine whether residential 

heating and cooling equipment meets 

applicable regional efficiency standards. 

The Commission invites interested 

persons to submit written comments on 

any issue of fact, law or policy that may 

bear upon the FTC’s current labeling 

requirements. Please provide details to 

support your comments. We encourage 

commenters to consider the questions 

below when preparing comments. 

(1) Content: What information is 

necessary to inform consumers and 

industry members whether equipment 

complies with DOE-mandated regional 

energy standards in a particular region? 

Should the disclosures use images (e.g., 

a map of the U.S.) to illustrate the scope 

of the regional standards? What changes 

would be required to the EnergyGuide 

label (e.g., EER disclosures) in addition 

to disclosures specifically related to 

regional standards? 

(2) Location and Format: Should the 

required disclosures appear on the label 

affixed to the product, on packaging, 

through point of sale materials, on the 

Internet, or through some other means? 

Should the disclosures appear in a 

combination of these formats in 

multiple locations? If so, which ones? 

Should the FTC explore the use of QR 

(Quick Response) scan codes to allow 

installers and consumers to access 

detailed information about the 

equipment through mobile phones? If 

the disclosures appear on the product 

itself, should the Commission replace 

the EnergyGuide label with permanent 

disclosure on the product nameplate or 

a similar location? 

(3) Separate Disclosures: Should the 

Commission develop separate 

disclosures for furnaces, central air 

conditioners, and heat pumps given 

differences in the way these products 

are rated on the EnergyGuide label and 

how they are installed? Should the Rule 

require separate disclosures for industry 

members and consumers? Should the 

Rule require different disclosures or 

instructions for various industry 

members such as distributors and 

installers? 

(4) Installer Requirements: What 

changes, if any, should the Commission 

make to the content and format of 

disclosures installers must provide to 

their customers? 

(5) Database Information: Are there 

existing databases the Commission 

could use to help industry members and 

consumers determine whether 

equipment complies with the regional 

energy standards, including the 

efficiency ratings of specific compressor 

and coil combinations for central air 

conditioners? 


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26 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), 16 CFR 4.9(c). 

(6) Benefits: What benefits, if any, will 

the new disclosures provide to 

consumers? What evidence supports the 

asserted benefits? What benefits, if any, 

will the new disclosures provide to 

industry members? What is the 

magnitude of such benefits? What 

evidence supports the asserted benefits? 

(7) Costs: What costs, if any, would 

the potential new disclosures impose on 

businesses, and in particular on small 

businesses such as installers? What 

would be the magnitude of such costs? 

What evidence supports the asserted 

costs? 

(8) Other Federal, State, or Local 

Requirements: Would the new 

disclosures overlap or conflict with 

other federal, state, or local laws or 

regulations? If so, how? 

VI. Request for Comment 

The Commission invites interested 

persons to submit written comments on 

any issue of fact, law, or policy that may 

bear upon the proposals under 

consideration. Please include 

explanations for any answers provided, 

as well as supporting evidence where 

appropriate. After examining the 

comments, the Commission will 

determine whether to issue specific 

amendments. 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before January 10, 2012. Write 

‘‘Regional Labeling for Heating and 

Cooling Equipment, (16 CFR Part 305) 

(Project No. P114202)’’ 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 Commission 

Web site, at http://www.ftc.gov/os/

publiccomments.shtm. As a matter of 

discretion, the Commission tries to 

remove individuals’ home contact 

information from comments before 

placing them on the Commission Web 

site. 

Because your comment will be made 

public, you are solely responsible for 

making sure that your comment does 

not include any sensitive personal 

information, such as anyone’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, like medical records or 

other individually identifiable health 

information. In addition, do not include 

any ‘‘[t]rade secret or any commercial or 

financial information which is obtained 

from any person and which is privileged 

or confidential,’’ as provided in Section 

6(f) of the FTC Act, 15 U.S.C. 46(f), and 

FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). 

If you want the Commission to give your 

comment confidential treatment, you 

must file it in paper form, with a request 

for confidential treatment, and you have 

to follow the procedure explained in 

FTC Rule 4.9(c), 16 CFR 4.9(c).26 Your 

comment will be kept confidential only 

if the FTC General Counsel, in his or her 

sole discretion, grants your request in 

accordance with the law and the public 

interest. 

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, or to send them to the 

Commission by courier or overnight 

service. To make sure that the 

Commission considers your online 

comment, you must file it at https://

public.commentworks.com/ftc/regionaldisclosuresanpr, by following the 

instructions on the web-based form. If 

this Notice appears at http://www.

regulations.gov/#!home, you also may 

file a comment through that Web site. 

If you file your comment on paper, 

write ‘‘Regional Labeling for Heating 

and Cooling Equipment, (16 CFR Part 

305) (Project No.114202)’’ on your 

comment and on the envelope, and mail 

or deliver it to the following address: 

Federal Trade Commission, Office of the 

Secretary, Room H–113 (Annex H), 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. If possible, submit your 

paper comment to the Commission by 

courier or overnight service. 

Visit the Commission Web site at 

http://www.ftc.gov to read this Notice 

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 January 10, 2012. You can find 

more information, including routine 

uses permitted by the Privacy Act, in 

the Commission’s privacy policy, at 

http://www.ftc.gov/ftc/privacy.htm. 

VII. Public Meeting Information 

The Commission and DOE staff have 

scheduled a public meeting to give 

interested parties an opportunity to 

provide their views on potential FTC 

disclosures and the DOE enforcement 

plan related to new regional standards 

for furnaces, central air conditioners, 

and heat pumps. The public meeting 

will be held on December 16, 2011 at 

DOE. DOE will provide details regarding 

time, location, attendance and 

participation at the meeting. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2011–30436 Filed 11–25–11; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–109369–10] 

RIN 1545–BJ33 

Passive Activity Losses and Credits 

Limited 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document contains 

proposed regulations regarding the 

definition of an ‘‘interest in a limited 

partnership as a limited partner’’ for 

purposes of determining whether a 

taxpayer materially participates in an 

activity under section 469 of the 

Internal Revenue Code (Code). These 

proposed regulations affect individuals 

who are partners in partnerships. 

DATES: Written or electronic comments 

and requests for a public hearing must 

be received by February 27, 2012. 

ADDRESSES: Send submissions to: 

CC:PA:LPD:PR (REG–109369–10), Room 

5203, Internal Revenue Service, P.O. 

Box 7604, Ben Franklin Station, 

Washington, DC 20044. Submissions 

may be hand-delivered Monday through 

Friday between the hours of 8 a.m. and 

4 p.m. to: CC:PA:LPD:PR (REG–109369– 

10), Courier’s Desk, Internal Revenue 

Service, 1111 Constitution Avenue NW., 

Washington, DC, or sent electronically, 

via the Federal eRulemaking Portal at 

http://www.regulations.gov/(IRS REG109369-10). 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulations, 

Michala Irons, (202) 622–3050; 

concerning submissions of comments 

and requests for public hearing, 

Oluwafunmilayo Taylor, (202) 622–7180 

(not toll free numbers). 

SUPPLEMENTARY INFORMATION: 


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