15298 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 

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

2For more information about the Rule, see 

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, 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This proposed rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part, A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This proposed regulation is 

within the scope of that authority as it 

would establish Class D and E airspace 

and amend existing Class E airspace at 

East Hampton Airport, East Hampton, 

NY. 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR Part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

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

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for Part 71 

will continue to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, and effective 

September 15, 2011, is amended as 

follows: 

Paragraph 5000 Class D airspace 

* * * * * 

AEA NY D East Hampton, NY [NEW] 

East Hampton Airport, NY 

(Lat. 40°57′34′′ N., long. 72°15′06′′ W.) 

That airspace extending upward from the 

surface up to and including 2,500 feet MSL 

within a 4.8-mile radius of East Hampton 

Airport. This Class D airspace area is 

effective during specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Paragraph 6002 Class E airspace designated 

as surface areas. 

* * * * * 

AEA NY E2 East Hampton, NY [NEW] 

East Hampton Airport, NY 

(Lat. 40°57′34′′ N., long. 72°15′06′′ W.) 

That airspace extending upward from the 

surface within a 4.8-mile radius of East 

Hampton Airport. This Class E airspace area 

is effective during specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AEA NY E5 East Hampton, NY [Amended] 

East Hampton Airport, NY 

(Lat. 40°57′34′′ N., long. 72°15′06′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.3-mile 

radius of East Hampton Airport. 

Issued in College Park, Georgia, on March 

9, 2012. 

Barry A. Knight 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2012–6338 Filed 3–14–12; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 305 

[RIN 3084–AB15] 

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: Notice of proposed rulemaking. 

SUMMARY: The Commission proposes 

several amendments to improve the 

Appliance Labeling Rule by 

streamlining requirements for 

manufacturers, increasing the 

availability of labels for consumers, and 

clarifying various aspects of the Rule. 

Specifically, the proposed amendments 

would eliminate duplicative reporting 

requirements for manufacturers, 

introduce a uniform method for 

attaching labels to appliances, place 

EnergyGuide labels on room air 

conditioner boxes instead of on the 

products themselves, improve current 

Web site disclosures, and revise ceiling 

fan labels. The proposed amendments 

also would clarify enforcement rules for 

data reporting, testing access, and Web 

site disclosures. The Commission 

requests comments on these proposed 

changes. In addition, as a part of the 

Commission’s systematic review of its 

regulations and guides, the Commission 

seeks comments on the Rule’s overall 

costs and benefits and its overall 

regulatory and economic impact. 

DATES: Written comments must be 

received by May 16, 2012. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form by 

following the instructions in section VI. 

of the SUPPLEMENTARY INFORMATION

section below. Comments in electronic 

form should be submitted using the 

following weblink: https:// 

ftcpublic.commentworks.com/ftc/ 

energylabelingamendmentsnprm (and 

following the instructions on the webbased form). Comments filed in paper 

form should be mailed or delivered to 

the following address: Federal Trade 

Commission, Office of the Secretary, 

Room H–135 (Annex A), 600 

Pennsylvania Avenue NW., Washington, 

DC 20580, in the manner detailed in the 

SUPPLEMENTARY INFORMATION section 

below. 

FOR FURTHER INFORMATION CONTACT: 

Hampton Newsome, (202) 326–2889, 

Attorney, Division of Enforcement, 

Bureau of Consumer Protection, Federal 

Trade Commission, Room M–8102B, 

600 Pennsylvania Avenue NW., 

Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. FTC’s Appliance Labeling Rule 

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. Subsequently, the Commission 

expanded the Rule’s coverage to include 

categories such as central air 

conditioners, heat pumps, plumbing 

products, lighting products, ceiling fans, 

and televisions.4


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Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 15299 

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); 16 CFR 305.4(a)(1). 

The Rule requires an energy disclosure or label on 

all covered products or on their packages. The 

EnergyGuide label must appear on refrigerators, 

refrigerator-freezers, freezers, room air conditioners, 

clothes washers, dishwashers, pool heaters, central 

air conditioners, heat pumps, furnaces, and 

televisions. See 16 CFR 305.11, 305.12, 305.14, and 

305.17. The EnergyGuide label constitutes a 

visually uniform ‘‘brand’’ for all these products, but 

it has different dimensions and disclosures based 

on the nature and energy use of the product. See 

16 CFR 305 Appx. L (label prototypes). Ceiling fans 

must bear labels somewhat similar to EnergyGuide 

labels, but visually distinct. 16 CFR 305.13. The 

remainder of the Rule’s covered products bear other 

types of labels or disclosures related to energy or 

water use (for plumbing products), rather than the 

EnergyGuide brand. For example, common 

consumer light bulbs manufactured beginning in 

2012 must bear a ‘‘Lighting Facts’’ label. 

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

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

8See 16 CFR 305.8; 42 U.S.C. 6296(b). 

9The Commission is also proposing several 

technical corrections described in section III. 

10See 16 CFR 305.8; 42 U.S.C. 6296(b)(4). In 

addition to annual reports, manufacturers must 

submit a report for each new model prior to 

distribution of that model. 

11See 10 CFR Part 430; 42 U.S.C. 6296. 

12These amendments would not affect televisions 

and LED bulbs because the Rule’s reporting 

requirements do not apply to those products. 76 FR 

1038, 1040 n.28 (Jan. 6, 2011). The Rule does not 

currently require reporting for televisions and lightemitting diode lamps because no DOE test 

procedures exist for those products at this time. 

13 75 FR 27183 (May 14, 2010). 

14See 16 CFR 4.9(b)(10)(xii). 

15The Commission does not propose to eliminate 

FTC reporting requirements altogether because 

EPCA requires manufacturers to submit annual 

reports to the FTC containing ‘‘relevant data 

respecting energy consumption and water use 

developed in accordance with’’ applicable DOE test 

procedures. 42 U.S.C. 6296(b)(4). 

16Unless otherwise specified in the Rule, the 

Commission does not propose to require 

compliance with any DOE testing provisions that 

are not required for DOE certification (e.g., certain 

lamp measurements). This will ensure that FTC 

does not inadvertently impose more specific testing 

burdens than DOE. 

17The proposed amendments also eliminate 

various references to recommended IES test 

procedures of incandescent and compact 

fluorescent lamps that are now covered by DOE 

testing requirements. Comments should address 

whether any of these references should remain in 

the Rule and, if so, why. 

The Rule requires manufacturers to 

attach yellow EnergyGuide labels to 

certain covered products.5 It prohibits 

retailers from removing these labels or 

rendering them illegible.6 In addition, 

the Rule directs sellers, including 

retailers, to post label information on 

Web sites and in paper catalogs from 

which consumers can order covered 

products.7

EnergyGuide labels for appliances and 

televisions contain three key 

disclosures: estimated annual operating 

cost (for most products), a ‘‘range of 

comparability’’ showing the highest and 

lowest energy consumption or 

efficiencies for all similar models, and 

a product’s energy consumption or 

energy efficiency rating as determined 

from standard Department of Energy 

(DOE) tests. The Rule specifies this 

content as well as the label’s format. 

Manufacturers cannot place any 

information on the label other than that 

specifically allowed by the Rule. 

Finally, the Rule contains reporting 

requirements for most products. Under 

these requirements, manufacturers must 

submit data to the FTC both when they 

begin manufacturing new models and 

annually.8 These reports must contain, 

among other things, estimated annual 

energy consumption or energy 

efficiency ratings. 

II. Proposed Amendments 

The Commission seeks comment on 

several proposed changes to reduce the 

Rule’s reporting burdens, increase the 

availability of energy labels to 

consumers, and generally to improve 

existing requirements. Specifically, the 

proposed changes would: (1) Eliminate 

duplicative requirements by 

harmonizing FTC and DOE reporting 

and testing rules; (2) prohibit hang tag 

labels for all covered clothes washers, 

dishwashers, and refrigerators and 

instead require adhesive labels; (3) 

require placement of room air 

conditioner labels on display boxes 

instead of on the product; (4) improve 

retailer Web site and paper catalog 

disclosures; (5) include estimated 

operating cost information on ceiling 

fan labels; (6) include specific capacity 

numbers on clothes washer 

EnergyGuide labels; (7) require a QR 

(‘‘Quick Response’’) code on 

EnergyGuide labels to link mobile 

phone users to FTC and DOE 

information; (8) update product 

definitions for refrigerators and freezers; 

(9) clarify the Rule’s enforcement 

provisions; and (10) shorten the Rule’s 

title.9 The following addresses each of 

these proposals in detail. 

A. Harmonization of Reporting and 

Testing Requirements 

By harmonizing existing FTC and 

DOE regulations, the proposed 

amendments would streamline existing 

reporting requirements. Currently, the 

FTC requires manufacturers to submit 

annual reports containing energy-related 

information about their covered 

products.10 Similarly, DOE requires 

manufacturers to submit reports 

certifying that their new products meet 

federal efficiency standards.11 The 

proposed amendments would 

streamline the Rule’s reporting burden 

in three ways.12

First, under current rules, 

manufacturers of each covered product 

must submit one report to DOE and 

another, largely duplicative report to the 

FTC. The proposed amendments would 

allow manufacturers to meet FTC 

reporting requirements by using DOE’s 

new web-based tool for energy reporting 

(the ‘‘Compliance and Certification 

Management System’’ (CCMS)).13 Once 

manufacturers upload their data, the 

FTC would be able to obtain the 

information from DOE and place it on 

the public record.14 This change would 

ease reporting for manufacturers and 

eliminate confusion caused by two 

separate government data collection 

requirements for identical products.15

Second, the Commission proposes to 

harmonize FTC reporting requirements 

with DOE certification rules. To achieve 

this goal, the Commission proposes 

requiring the same report content as 

DOE. However, for ceiling fans, the FTC 

will continue to maintain separate 

reporting requirements because DOE’s 

regulations contain test procedures for 

these products but do not currently 

require manufacturers to conduct such 

tests. 

Third, the Commission proposes to 

clarify the DOE testing requirements 

manufacturers must use to determine 

energy information for FTC labels. The 

current FTC Rule requires adherence to 

applicable DOE test procedures, but 

does not mention several DOE 

requirements related to testing, 

including sampling rules, testing 

accreditation (for light bulbs), and DOE 

testing waiver procedures. The 

amendments would specify that 

manufacturers must test their products 

in accordance with these applicable 

DOE requirements.16 This amendment 

should eliminate any confusion among 

manufacturers and, therefore, ensure 

that the content of energy disclosures on 

the FTC labels is based on all DOErequired testing provisions.17

The Commission seeks comments on 

these proposals, including the length of 

time required to implement these 

changes, the need for the changes, and 

the costs and benefits of the proposals. 

B. Adhesive Labels for Clothes Washers, 

Dishwashers, and Refrigerators 

To improve the availability of 

EnergyGuide labels for clothes washers, 

dishwashers, and refrigerators, the 

Commission proposes to prohibit hang 

tags on these products and, instead, 


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15300 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 

18The Commission’s recent television labeling 

rule prohibits hang tags on televisions for the same 

reasons given here. See 76 FR 1038. 

19The current Rule defines a hang tag for clothes 

washers, dishwashers, and refrigerators as a label 

‘‘affixed to the product * * * using string or similar 

material.’’ 16 CFR 305.11(d)(2). Because the Rule 

does not allow hang tags on product exteriors, 

manufacturers cannot use hang tags on water 

heaters and other products that do not have an 

interior visible to consumers. 

20United States GAO, Energy Efficiency— 

Opportunities Exist for Federal Agencies to Better 

Inform Household Consumers, GAO–07–1162, Sept. 

2007, at 6. 

21The staff visited stores in nine metropolitan 

areas across the country in 2008. The results are not 

necessarily nationally representative. 

22The staff examined clothes washers, 

dishwashers, refrigerator products (freezers, 

refrigerators, and refrigerator-freezers), room air 

conditioners, and water heaters. The examination 

did not find specific models or brands consistently 

missing labels. Accordingly, the visits provided no 

clear evidence that specific manufacturers are 

routinely failing to label their products. 

23 76 FR at 1044. 

24The store visit data indicate that dishwashers, 

clothes washers, and refrigerator-freezers frequently 

bear hang tags because the many of these products 

had hang tags either attached to the product or lying 

detached on or in the product (64% for 

dishwashers, 49% for clothes washers, and 76% for 

refrigerator-freezers.) By contrast, the results 

indicate water heaters predominately bear adhesive 

labels (82% had adhesive labels attached, and there 

were no detached hang tags found near or on the 

unlabeled units). Moreover, the products that 

frequently bear hang tags had a high rate of missing 

and/or detached labels (31% missing and 25% 

detached for clothes washers; 26% missing and 

24% detached for dishwashers; 12% missing labels 

and 11% detached for refrigerators, freezers, and 

refrigerator-freezers.) By contrast, only 14% of 

water heaters were missing labels (and none had 

detached labels). 

25The proposed rule language specifies that 

manufacturers must attach adhesive labels to the 

product before distribution in commerce. 

Manufacturers should not place the labels 

separately in literature bags or otherwise leave 

labels unattached when shipping units. 

26 72 FR 49948 (Aug. 27, 2007). 

27The Commission has followed this approach 

with ceiling fan labels, which must appear on the 

principal display panel of packages. See 16 CFR 

305.13. 

28These proposed amendments preserve the 

current Rule’s definition of ‘‘catalog’’ to encompass 

both print and online formats. The current rule 

defines ‘‘catalog’’ as ‘‘printed material, including 

material disseminated over the Internet, which 

contains the terms of sale, retail price, and 

instructions for ordering, from which a retail 

consumer can order a covered product.’’ 16 CFR 

305.2(h). 

29This proposal is consistent with current 

requirements for television labels. See 76 FR 1038. 

require adhesive labels.18 Under the 

current Rule, these products must 

display EnergyGuide labels in a location 

visible to consumers either in the form 

of a hang tag attached inside the product 

or an adhesive labels affixed outside or 

inside the product. The proposal to 

eliminate hang tags and require 

adhesive labels is designed to decrease 

the number of missing labels in 

showrooms because hang tags appear to 

detach easily.19

Evidence gathered by the FTC and the 

Government Accountability Office 

(GAO) demonstrates that many 

showroom products do not have 

EnergyGuide labels attached. 

Specifically, GAO visits to 30 stores in 

2007 found that 26 percent of products 

examined had no EnergyGuide label and 

another 24 percent had labels that were 

‘‘no longer affixed in a prominent and 

easily accessible location.’’ 20 Following 

the GAO report, FTC staff conducted its 

own examination of more than 8,500 

appliances in 89 retail locations.21 The 

FTC found labels either detached or 

missing altogether on approximately 38 

percent of appliances examined.22

Comments received in the television 

rulemaking indicated that hang tags 

often become twisted or dislodged in 

stores.23 In addition, FTC staff found 

that products frequently labeled with 

hang tags (i.e., clothes washers, 

dishwashers, and refrigerator-freezers) 

are more likely to have detached or 

missing labels compared to water 

heaters, which are generally labeled 

with adhesive labels.24 The 

Commission, therefore, is concerned 

that hang tags may be more prone to 

detachment than adhesive labels and 

offer a less secure means to affix labels. 

Accordingly, the Commission seeks 

comment on whether requiring adhesive 

labels (and prohibiting hang tags) for 

clothes washers, dishwashers, and 

refrigerators would improve label 

availability in showrooms.25 If a 

comment indicates such a change would 

improve the label’s effectiveness, please 

explain why. If not, please explain why 

not. Comments should identify the time 

required by industry members to switch 

to adhesive labels without undue 

burden, whether there are alternative 

approaches to reduce the burden of such 

changes, and whether the proposal 

accomplishes the Commission’s goal of 

providing disclosures to consumers. 

Also, because dishwashers and clothes 

washers may have limited interior 

surface area for adhesive labels, the 

Commission asks whether the 

EnergyGuide label for these products 

should be smaller. Should the 

Commission adopt a smaller label size, 

comments should also address whether 

the text size, graphics, and wording for 

the current label should, if possible, 

remain the same as the current label. 

The Commission developed the current 

content and format of the label after 

conducting extensive consumer 

research, and therefore, is concerned 

that content changes to accommodate a 

smaller label would reduce the label’s 

effectiveness for consumers.26

Comments should address whether a 

smaller label would decrease the label’s 

utility in helping consumers make 

purchasing decisions and, if so, how. 

C. Room Air Conditioners 

The Commission proposes requiring 

manufacturers to print or affix 

EnergyGuide labels on room air 

conditioner boxes instead of adhering 

them to the units themselves. Under the 

current Rule, manufacturers must place 

an adhesive EnergyGuide label on the 

exterior of room air conditioners. 

However, FTC staff has observed that 

retailers often display these products in 

boxes stacked on shelves or the 

showroom floor. Therefore, consumers 

cannot examine the label before 

purchase. The proposed box label 

would address this concern.27 The 

Commission proposes to provide 

manufacturers with at least two years to 

implement this change to minimize the 

burdens associated with package 

changes. 

The Commission seeks comments on 

this proposal. In particular, comments 

should address whether retailers 

typically display room air conditioners 

in or out of the box, and whether the 

proposal would accomplish the 

Commission’s goal of consistently 

providing energy disclosures to 

consumers. Comments should provide 

detailed information about the costs of 

the proposed change, including whether 

two years is sufficient lead time to come 

into compliance with a package label 

requirement without undue burden, or 

whether the changes can be made more 

quickly. Finally, comments should 

address whether the Commission 

should require labels on boxes for any 

other covered products (e.g., water 

heaters or pool heaters) in lieu of the 

existing labels affixed directly to those 

products. 

D. Web site and Paper Catalog 

Disclosures 

The Commission proposes several 

amendments to enhance the energy 

information available to consumers in 

‘‘catalogs’’ (i.e., print catalogs and Web 

sites selling covered products).28 First, 

the amendments would require retail 

Web sites to post the full EnergyGuide 

or Lighting Facts label online.29 The 

Rule would require these Web sites to 

post the full label or to use an FTCprovided icon to link consumers to the 

full version of the EnergyGuide or 

Lighting Facts label. Second, to ensure 

that retail Web sites have access to the 

label, the amendments would require 

that manufacturers make the 

EnergyGuide and Lighting Facts labels 


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30 72 FR 49948, 49961 (Aug. 29, 2007). 

31 Id. 

32Petition of American Council for an Energy 

Efficient Economy, Consumers Union, and Public 

Citizen, 10 (July 22, 2011), available at http:// 

earthjustice.org/sites/default/files/Petition-toamend-catalog-rule.pdf. 

33 Id. 

34When using the FTC icon for televisions under 

current requirements, sellers should not include 

language that might imply the icon constitutes an 

endorsement or an environmental claim. For 

example, adding the words ‘‘EnergyGuide Rated’’ 

near the icon could suggest that the icon represents 

a product endorsement or a ‘‘green’’ claim about the 

product, rather than a neutral disclosure of energy 

costs. Such language may be deceptive under 

section 5 of the FTC Act, 15 U.S.C. 45. If the 

Commission finalizes the proposed catalog 

amendments, marketers will have to follow the 

same approach for other products. 

35 42 U.S.C. 6296(a); 76 FR 1038. Catalog sellers 

(both paper and Web sites) may create their own 

versions of the labels rather than using the images 

provided by the manufacturers, as long as the labels 

conform to all the specifications in the amended 

Rule. 

36See NRDC comments, Aug. 10, 2010, #547194– 

00011. (http://www.ftc.gov/os/comments/ 

tvenergylabelsnprm/547194-00011.pdf). 

37 76 FR at 1046. 

38Similarly, the proposed amendments would 

require that Web site disclosures for required nonlabel markings or text (e.g., gallons per minute for 

showerheads and faucets) must be displayed clearly 

and conspicuously and in close proximity to the 

product’s price on the Web page. The amendments 

would not impose any design or font size 

requirements for these disclosures, other than that 

they be clear and conspicuous. 

39The proposed amendments also state that if 

paper catalogs display more than one covered 

product model on a page, the seller may disclose 

the utility rates or usage assumptions underlying 

the energy information (i.e., 10.65 cents per kWh, 

8 cycles per week, etc.) only once per page for each 

type of product (e.g., a single footnote for all 

refrigerators advertised on the page) rather than 

repeating the information for each advertised 

model. The disclosure must be clear and 

conspicuous. 

easily available online. Third, the 

proposed amendments provide 

specifications that retail Web sites must 

follow for the format and placement of 

the required information (e.g., label or 

icon). Finally, for paper catalogs, the 

proposed amendments would continue 

to allow retailers to use an abbreviated 

text disclosure in lieu of the full label, 

due to space and cost constraints. 

Under the proposed amendments, 

Web sites selling EnergyGuide- or 

Lighting Facts-labeled products would 

be required to display the full label 

(either on the product page or through 

a link). The current Rule does not 

require Web sites (or paper catalogs) to 

include the full label, and instead 

allows an abbreviated, text-only 

disclosure. The Commission allowed 

these abbreviated disclosures due to 

space constraints and the costs of 

printing the full label would impose on 

marketers.30 However, in reaching this 

decision, the Commission did not 

examine the differences between Web 

sites and paper catalogs and their 

relative capacities to display 

information. Subsequently, during the 

television labeling rulemaking, the 

Commission determined that while 

paper catalogs continue to have space 

constraints and associated costs 

justifying the abbreviated disclosures, 

this rationale does not apply to Web 

sites. Accordingly, the Commission 

required Web sites selling televisions to 

include the full label or a special icon 

linking to the label.31 For the same 

reasons, the Commission now proposes 

to require Web sites to include the full 

label for all EnergyGuide and Lighting 

Facts-labeled products they sell. 

Under the proposal, Web sites either 

could place the full label on the 

product’s detailed description page, or, 

to minimize design impact on their 

sites, they could use a small 

EnergyGuide or Lighting Facts logo icon 

provided by FTC to link to the full label. 

The proposed rule allows Web sites to 

scale the icon (as well as the label) 

appropriately to accommodate their 

layout as long they remain readable and 

recognizable. The new icon would 

apply to all products subject to the 

EnergyGuide or Lighting Facts 

requirements, including televisions. 

Recently, a group of petitioners raised 

concerns that consumers may view the 

icon as an endorsement or general claim 

about a product’s environmental 

quality, rather than as an energy cost 

disclosure.32 The petitioners also noted 

that some Web sites already voluntarily 

display an EnergyGuide icon, but create 

confusion by adding text (e.g., 

‘‘EnergyGuide rated’’) which might 

imply to consumers that the icon 

constitutes an endorsement or a general 

environmental claim.33 In light of these 

concerns, the Commission proposes an 

icon which integrates the text ‘‘Click for 

this product’s energy information’’ into 

the icon design. This additional text is 

designed to help consumers understand 

that the icon is a link to label 

information, and not a product 

endorsement or environmental claim.34

The Commission seeks comment on this 

proposal. 

The petitioners also argued that in 

light of potential confusion, the 

Commission should not allow an icon at 

all, and should instead require the full 

label on the main product pages. The 

Commission seeks comment on whether 

requiring the full label, instead of a link 

to the label, is necessary. In particular, 

commenters should consider whether 

such a requirement would unduly 

impede Web site design and whether 

the use of the icon with the explanatory 

text, as proposed in this notice, would 

address the concern raised by the 

petitioners. 

Second, to facilitate retailer 

compliance with the Rule, the proposed 

amendments require that manufacturers 

make images of their labels available on 

a Web site for linking and downloading 

by both paper catalogs and Web sites. 

Under the proposal, the labels must 

remain available online for two years 

after the manufacturer ceases to make 

the model. This proposed requirement 

is based on EPCA’s mandate that 

manufacturers ‘‘provide’’ a label and is 

consistent with the recent television 

label rules.35

Third, the proposed amendments 

provide specifications about the format 

and placement of the required 

information on Web sites. In the recent 

television labeling proceeding, the 

Natural Resources Defense Council 

(NRDC) raised concerns that consumers 

must navigate several layers of 

information to obtain EnergyGuide 

information on some Web sites.36 NRDC 

argued consumers should not have to 

scroll down or switch to another tab or 

page to see the icon.37 To address these 

concerns, the Commission proposes to 

require that the label or icon be 

displayed ‘‘clearly and conspicuously 

and in close proximity to the covered 

product’s price.’’ This proposal, which 

is consistent with the new television 

label requirements, should help ensure 

that consumers can easily view the label 

or icon while shopping online without 

excessive scrolling or clicking, and still 

providing flexibility to Web site 

designers. To minimize burden, the 

label or icon would only need to appear 

on ‘‘each Web page that contains a 

detailed description of the covered 

product and its price,’’ rather than 

alongside every image of a covered 

product on the site. This would reduce 

the burden for Web sites that include 

abbreviated summary pages listing 

several different models with links to a 

more detailed individual product 

page.38

Finally, for paper catalogs, the 

amendments would continue to allow 

an abbreviated text disclosure in lieu of 

the full label. Due to the space and cost 

constraints involved with paper 

catalogs, inclusion of the entire label 

may be impractical.39

The Commission seeks comment on 

these proposals. In particular, comments 

should address whether the Rule should 

require paper catalogs to place these 

required disclosures in close proximity 

to the product’s price, as the proposed 

amendments would require for Web 

sites. The Commission also seeks 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1
15302 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 

40 72 FR 49948, 49959 (Aug. 29, 2007) (appliance 

labels); see also 75 FR 41696 (July 19, 2010) (light 

bulb labels); 76 FR 1038 (Jan. 6, 2011) (television 

labels). 

41The six hour duty cycle estimate is consistent 

with earlier research on ceiling fans. See Davis 

Energy Group (Prepared for Pacific Gas & Electric), 

Analysis of Standards Options For Ceiling Fans, 

May 2004 (http://www.energy.ca.gov/appliances/ 

2003rulemaking/documents/case_studies/ 

CASE_Ceiling_Fan.pdf). The 11 cent electricity cost 

figure, which is based on DOE information, also 

appears on recently amended light bulb labels and 

television labels. See 75 FR 41696 and 75 FR 12470. 

42See 75 FR 41696, 41703–4 (July 19, 2010). 

43See 75 FR 57556, 57575 (Sep. 21, 2010) and 

http://www.aham.org/ht/a/GetDocumentAction/i/ 

51727. 

44Recently, DOE announced plans to work 

collaboratively with the FTC to provide consumers 

with information about the broad energy use 

impacts and greenhouse gas emissions of covered 

products. As part of this announcement, DOE 

described plans to consider ‘‘full-fuel-cycle’’ 

(‘‘FFC’’) measures for emissions and energy in 

developing energy efficiency standards. Such 

measures would include, for example, the energy 

consumed in extracting and transporting primary 

fuels involved in powering home appliances. 

Currently, DOE only considers ‘‘site’’ energy 

measures (e.g., the electricity consumers use to run 

their appliances). 76 FR 51281 (Aug. 18, 2011). 

45This Notice does not contain specific rule 

language for this proposal. 

46 75 FR 78810. 

47See 16 CFR 305.4(b); see also 42 U.S.C. 

6296(b)(2)&(4) and 6303(a)(3) (data reports and 

records access), 6296(b)(5) (testing access), 

6296(b)(3) (units for testing), and 6296(a) (catalog 

sales). 

48 In contrast, the current Rule does provide the 

basis for labeling violations. Specifically, consistent 

information on whether the various 

formats and space limitations associated 

with paper catalogs would render such 

a requirement impractical in many 

cases. 

In addition, commenters should 

address: how the Commission’s 

proposal would impact Web site 

usability and whether it would allow 

consumers to easily find EnergyGuide 

and Lighting Facts information online; 

whether the proposed amendments 

provide adequate guidance to Web site 

designers; the time necessary for catalog 

sellers and manufacturers to conform to 

these proposed requirements; and the 

costs and benefits of the proposal for 

businesses and consumers. 

E. Ceiling Fan Labels 

The Commission proposes to enhance 

the existing ceiling fan label by 

requiring estimated annual energy cost 

information as the primary disclosure 

on ceiling fan labels. The current label, 

which appears on product boxes, 

provides information on airflow (cubic 

feet per minute), energy use in watts, 

and energy efficiency (cubic feet per 

minute per watt). Consistent with most 

other EnergyGuide labels, the 

Commission proposes to change this 

current label to focus on energy cost 

information while presenting existing 

label information in a less prominent 

manner. As the Commission has 

indicated in the past, consumer research 

suggests energy cost ‘‘provides a clear, 

understandable tool to allow consumers 

to compare the energy performance of 

different models.’’ 40 As with the 

EnergyGuide label for appliances, the 

new ceiling fan label would state that 

‘‘Your cost will depend on your utility 

rates and use.’’ The proposed yellow 

label features the familiar 

‘‘EnergyGuide’’ title used for appliances 

and televisions. The proposed usage and 

rate assumptions for this energy cost are 

six hours use per day (at high speed) 

and eleven cents per kWh/hour.41 To 

minimize the burden caused by this 

change, the Rule would provide 

manufacturers two years to change their 

packaging. 

The Commission seeks comment on 

this proposal, including whether six 

hours per day is an appropriate usage 

assumption for determining estimated 

annual energy cost. Additionally, in 

recent consumer research on light bulb 

labels, efficiency ratings performed 

poorly in helping study participants 

choose efficient products.42 Comments 

should address whether ceiling fan 

labels raise similar issues and, if so, 

whether efficiency ratings should 

continue to appear on the labels. 

Finally, comments should address 

whether two years is sufficient lead time 

for manufacturers to come into 

compliance with a requirement to label 

packages without undue burden, or 

whether the changes can be made in 

less, or more, time. 

F. Clothes Washer Capacity 

The Commission proposes to require 

EnergyGuide labels for clothes washers 

to disclose specific capacity information 

(i.e., cubic feet). Current EnergyGuide 

labels indicate whether the model is a 

‘‘standard’’ or ‘‘compact’’ but do not 

provide a specific volume (e.g., 3.5 

cubic feet). The vast majority of models 

are ‘‘standard’’ size, but capacity among 

standard models varies significantly. 

Therefore, the general capacity 

disclosure provides little assistance to 

consumers. A specific capacity 

disclosure should help consumers make 

important product comparisons. It 

would also complement recent DOE and 

industry efforts to ensure consistency in 

clothes washer capacity disclosures 

which would provide consumers with 

consistent information whether they are 

looking at FTC labels, manufacturer 

advertising, or DOE certification data.43

Under the proposed amendment, 

manufacturers would continue to 

measure capacity using DOE 

procedures. The Commission seeks 

comments on this proposal, including 

the time needed to make the proposed 

changes. 

G. QR Codes on EnergyGuide Labels 

The Commission also seeks comments 

on whether to require manufacturers to 

place QR (‘‘Quick Response’’) codes on 

the EnergyGuide labels. QR codes are 

two dimensional black and white matrix 

barcodes that provide access to a Web 

site by scanning the code with a mobile 

phone equipped with scanning 

software. If implemented, consumers 

could connect instantly to government 

Web sites or other sources providing 

detailed product information, such as 

the broad energy impacts and 

greenhouse gas emissions associated 

with a product’s use.44

The Commission seeks comment on 

whether it should pursue such 

provisions.45 In particular, comments 

should address whether the codes 

would be helpful to consumers in 

purchasing or using products, and 

whether they should link to any 

particular information about covered 

products. Comments should also 

address whether these codes raise 

particular technical challenges or pose 

any significant burdens for 

manufacturers. Finally, comments 

should address the time needed to make 

any proposed changes. 

H. Definitions of Refrigerator and 

Refrigerator Freezers 

On December 16, 2010,46 DOE, as part 

of amendments to refrigerator test 

procedures, issued revised definitions 

for the terms ‘‘electric refrigerator’’ and 

‘‘electric refrigerator-freezer.’’ The 

Commission proposes to conform its 

own definitions for these terms to 

ensure consistency between FTC and 

DOE requirements. 

I. Clarification of Prohibited Acts 

Provision 

The proposed rule would clarify 

penalty assessments for several nonlabeling violations listed in § 305.4(b). 

These violations include the refusal to 

allow access to records, refusal to 

submit required data reports, refusal to 

permit FTC officials to observe testing, 

refusal to supply units for testing, and 

failure to disclose required energy 

information in catalogs (i.e., Web sites 

and paper catalogs).47 The current Rule 

does not specify the method (e.g., per 

day) for assessing penalties for these 

non-labeling violations.48


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Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 15303 

with EPCA (42 U.S.C. 6303(a)), § 305.4(a) states that 

labeling violations are assessed on a per unit basis. 

49The per day per model basis is consistent with 

EPCA’s enforcement provisions. See 42 U.S.C. 6302, 

6303 and 16 CFR 305.4(a). It is also consistent with 

recent DOE enforcement guidance for the same and 

similar provisions. See, e.g., DOE ‘‘Guidance on the 

Imposition of Civil Penalties for Violations of EPCA 

Conservation Standards and Certification 

Obligations,’’ http://www.doe.gov/sites/prod/files/

gcprod/documents/Penalty_Guidance_5_7_2010__

final_%282%29.pdf. 

50 76 FR at 1044. The Federal Register notice 

accompanying the television labeling amendments 

to the Rule stated that televisions smaller than 9’’ 

may be labeled on the box rather than on the screen. 

However, the final rule language did not reflect this. 

51 In comments responding to the Commission’s 

recently published Ten-Year Regulatory Review 

Schedule (76 FR 41150 (July 13, 2011)), the 

Association of Home Appliance Manufacturers 

(AAHAM@) and Whirlpool Corporation 

(‘‘Whirlpool’’), urged the Commission to reconsider 

its earlier decision to accelerate review of the 

Appliance Labeling Rule. The two comments are 

available at http://www.ftc.gov/os/comments/

regulatoryreviewschedule/index.shtm. AHAM 

asserted, and Whirlpool concurred, that the 

Commission should avoid frequent rule revisions 

unless existing requirements are outdated, overly 

burdensome, or deficient. However, the Rule 

warrants a comprehensive review at this time to 

allow the Commission to consider burden 

reductions associated with existing reporting 

requirements, explore ways to reduce the number 

of labels missing in showrooms, improve access to 

label information on retail Web sites, and consider 

whether additional consumer products should have 

energy labels. Therefore, the Commission has 

proceeded with the Rule’s scheduled review. 

AHAM’s comments also recommended that the 

Commission reduce duplicative FTC and DOE 

reporting requirements. The amendments proposed 

in the present Notice address these concerns. 

Finally, AHAM urged a reduction in the amount of 

information collected in DOE’s certification reports. 

The FTC will provide AHAM’s comments to DOE. 

The proposed amendments would 

clarify that these violations are subject 

to civil penalties calculated on a per 

model per day basis.49 For example, a 

manufacturer’s refusal to submit 

required reports accrues a fine of up to 

$110 per day for each model subject to 

the reporting requirements. In addition, 

a Web site seller’s failure to post 

required label information accrues a fine 

of up to $110 per day for each model on 

the Web site lacking the disclosure. 

J. Amended Rule Title 

Finally, the Commission proposes to 

shorten the Rule’s title. When originally 

promulgated in 1979, the Rule applied 

only to appliances. Subsequently, the 

Rule expanded well beyond those 

products to include lighting, plumbing, 

and consumer electronics. Accordingly, 

the Commission proposes to change the 

Rule’s title from ‘‘Part 305—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’)’’ to ‘‘Part 

305—Energy And Water Use Labeling 

For Consumer Products Under The 

Energy Policy and Conservation Act 

(‘Energy Labeling Rule’)’’. 

III. Section by Section Description of 

Proposed Changes 

Rule Title: The proposed amendments 

would shorten the Rule’s title. 

Description of Covered Products 

(305.3): The proposed amendments 

would amend the definitions for 

refrigerator products to ensure 

consistency with DOE requirements. 

Prohibited Acts (305.4): The proposed 

amendments would clarify that civil 

penalties assessed per day under 

§ 305.4(b) accrue on a per model basis. 

Test Procedures (305.5): The proposed 

amendments would harmonize FTC test 

procedure requirements with DOE rules. 

Manufacturer Duty to Provide Labels 

(305.6): The proposed revisions would 

require manufacturers to make copies of 

the EnergyGuide and Lighting Facts 

labels available to the public on a Web 

site at no charge. 

Clothes Washer Volume (305.7): The 

proposed amendments would require 

EnergyGuide labels to disclose clothes 

washer capacity in cubic feet. 

Submission of Data (305.8): The 

proposed amendments would require 

manufacturers to make a copy of the 

EnergyGuide label publicly available. 

They also would allow manufacturers to 

submit data required by § 305.8 to the 

DOE in lieu of submitting it to the 

Commission. 

Appliance Label Placement (305.11): 

The proposed amendments would 

require adhesive EnergyGuide labels for 

all appliances with the exception of 

room air conditioners. The amendments 

also would require a QR code on the 

label. Finally, the amendments would 

require room air conditioner 

manufacturers to print or affix the label 

on the product package. 

Heating and Cooling Equipment 

(305.12): The proposed amendments 

would allow the ENERGY STAR logo on 

heating and cooling equipment to be 

wider than one inch. This minor, nonsubstantive change accommodates new, 

wider ENERGY STAR logos developed 

by the Environmental Protection Agency 

for these products. 

Ceiling Fan Label Content (305.13): 

The proposed amendments would 

require Ceiling Fan labels to display an 

estimated annual energy cost based on 

six hours of use per day and eleven 

cents per kWh. 

Television Labels (305.17): The 

proposed amendments would clarify the 

television labeling provisions by 

indicating that manufacturers of 

televisions with screen sizes of nine 

inches or fewer (measured diagonally) 

may print or affix the EnergyGuide label 

on the product package.50

Catalog Requirements (305.20): The 

proposed amendments would require 

Web site sellers to post images of 

EnergyGuide and Lighting Facts labels 

online for the products they sell. They 

also revise disclosure requirements for 

paper and Web site catalogs. 

IV. Regulatory Review 

The Commission conducts scheduled 

reviews of its rules and guides in an 

effort to seek information about their 

costs and benefits as well as their 

regulatory and economic impact.51 In 

addition to the specific issues discussed 

above, the Commission solicits general 

comments on, among other things, the 

economic impact of, and the continuing 

need for, the Rule; possible conflicts 

between the Rule and state, local, or 

other federal laws; and the effect on the 

Rule of any technological, economic, or 

other industry changes. If comments 

identify additional amendments that 

would improve the existing Rule, the 

Commission will consider issuing a 

supplemental notice seeking comments 

on such changes. 

The Commission is interested in 

receiving data, surveys and other 

empirical evidence to support 

comments submitted in response to this 

notice. As part of the regulatory review, 

the Commission is particularly 

interested in receiving comments and 

supporting data in response to the 

following questions: 

(1) Is there a continuing need for the 

Rule as currently promulgated? Why or 

why not? 

(2) What benefits has the Rule 

provided to, or what significant costs 

has the Rule imposed on, consumers? 

Provide any evidence supporting your 

position. 

(3) What modifications, if any, should 

the Commission make to the Rule to 

increase its benefits or reduce its costs 

to consumers? 

(a) Provide any evidence supporting 

your proposed modifications. 

(b) How would these modifications 

affect the costs and benefits of the Rule 

for consumers? 

(c) How would these modifications 

affect the costs and benefits of the Rule 

for businesses, particularly small 

businesses? 

(4) What impact has the Rule had on 

the flow of truthful information to 

consumers and on the flow of deceptive 

information to consumers? Provide any 

evidence supporting your position. 

(5) What benefits, if any, has the Rule 

provided to, or what significant costs, 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1
15304 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 

52 76 FR 1038 (Jan. 6, 2011) (Federal Register 

Notice on consumer electronics labeling). 

53The comment must be accompanied by an 

explicit request for confidential treatment, 

including the factual and legal basis for the request, 

and must identify the specific portions of the 

comment to be withheld from the public record. 

The request will be granted or denied by the 

Commission’s General Counsel, consistent with 

applicable law and the public interest. See FTC 

Rule 4.9(c), 16 CFR 4.9.(c). 

including costs of compliance, has the 

Rule imposed on businesses, 

particularly small businesses? Provide 

any evidence supporting your position. 

(6) What modifications, if any, should 

be made to the Rule to increase its 

benefits or reduce its costs to 

businesses, particularly small 

businesses? 

(a) Provide any evidence supporting 

your proposed modifications. 

(b) How would these modifications 

affect the costs and benefits of the Rule 

for consumers? 

(c) How would these modifications 

affect the costs and benefits of the Rule 

for businesses, particularly small 

businesses? 

(7) Provide any evidence concerning 

the degree of industry compliance with 

the Rule. Does this evidence indicate 

that the Rule should be modified? If so, 

why, and how? If not, why not? 

(8) Provide any evidence concerning 

whether any of the Rule’s provisions are 

no longer necessary. Explain why these 

provisions are unnecessary. 

(9) What modifications, if any, should 

be made to the Rule to account for 

current or impending changes in 

technology or economic conditions? 

(a) Provide any evidence supporting 

the proposed modifications. 

(b) How would these modifications 

affect the costs and benefits of the Rule 

for consumers and businesses, 

particularly small businesses? 

(10) Does the Rule overlap or conflict 

with other federal, state, or local laws or 

regulations? If so, how? 

(a) Provide any evidence supporting 

your position. 

(b) With reference to the asserted 

conflicts, should the Rule be modified? 

If so, why, and how? If not, why not? 

(c) Provide any evidence concerning 

whether the Rule has assisted in 

promoting national consistency with 

respect to energy labeling. 

(11) Are there foreign or international 

laws, regulations, or standards with 

respect to energy labeling that the 

Commission should consider as it 

reviews the Rule? If so, what are they? 

(a) Should the Rule be modified in 

order to harmonize with these 

international laws, regulations, or 

standards? If so, why, and how? If not, 

why not? 

(b) How would such harmonization 

affect the costs and benefits of the Rule 

for consumers and businesses, 

particularly small businesses? 

(c) Provide any evidence supporting 

your position. 

(12) Are there any consumer products, 

not currently under review, that the 

Commission should consider for energy 

labeling? 

(13) Is there any information not 

submitted in earlier proceedings that the 

Commission should consider about 

possible consumer electronics 

labeling? 52

(a) Are there any new developments 

in test procedures for consumer 

electronics relevant to possible labeling 

requirements? 

(b) Are there new consumer 

electronics products on the market that 

the Commission should consider for 

consumer energy labeling? 

(c) Is there new information consumer 

electronics marketing or buying patterns 

that would aid the Commission in 

considering new labeling requirements? 

(14) Is our business compliance 

guidance and consumer education about 

the Rules useful? Can they be improved? 

If so, how? Should the Commission 

print copies of these materials, or is a 

pdf at www.business.ftc.gov sufficient 

for business and consumer needs? 

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 FTC’s proposed labeling 

requirements. Please provide 

explanations for your answers and 

supporting evidence where appropriate. 

After examining the comments, the 

Commission will determine whether to 

issue final amendments. 

All comments should be filed as 

prescribed below, and must be received 

by May 16, 2012. Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Appliance 

Labeling Amendments, Matter No. 

R611004’’ to facilitate the organization 

of comments. Please note that your 

comment B including your name and 

your state B will be placed on the public 

record of this proceeding, including on 

the publicly accessible FTC Web site, at 

http://www.ftc.gov/os/ 

publiccomments.shtm. 

Because comments will be made 

public, they should not include any 

sensitive personal information, such as 

any individual’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. 

Comments also should not include any 

sensitive health information, such as 

medical records or other individually 

identifiable health information. In 

addition, comments should not include 

‘‘[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 Federal Trade Commission 

Act (‘‘FTC Act’’), 15 U.S.C. 46(f), and 

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

Comments containing matter 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).53

Because paper mail addressed to the 

FTC is subject to delay due to 

heightened security screening, please 

consider submitting your comments in 

electronic form. Comments filed in 

electronic form should be submitted 

using the following weblink: https:// 

ftcpublic.commentworks.com/ftc/ 

energylabelingamendmentsnprm (and 

following the instructions on the webbased form). To ensure that the 

Commission considers an electronic 

comment, you must file it on the webbased form at the weblink https:// 

ftcpublic.commentworks.com/ftc/ 

energylabelingamendmentsnprm. If this 

Notice appears at http:// 

www.regulations.gov/#!home, you may 

also file an electronic comment through 

that Web site. The Commission will 

consider all comments that 

regulations.gov forwards to it. You may 

also visit the FTC Web site at http:// 

www.ftc.gov to read the Notice and the 

news release describing it. 

A comment filed in paper form 

should include the ‘‘Appliance Labeling 

Amendments, Matter No. R611004’’ 

reference both in the text and on the 

envelope, and should be mailed or 

delivered to the following address: 

Federal Trade Commission, Office of the 

Secretary, Room H–135 (Annex A), 600 

Pennsylvania Avenue, NW., 

Washington, DC 20580. The FTC is 

requesting that any comment filed in 

paper form be sent by courier or 

overnight service, if possible, because 

U.S. postal mail in the Washington area 

and at the Commission is subject to 

delay due to heightened security 

precautions. 

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, 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 15305 

54 44 U.S.C. 3501–3521. 

55For reporting requirements, the amendments 

allow manufacturers to submit data to the DOE in 

lieu of the FTC. This will not affect the PRA burden 

because the Rule, as directed by the EPCA, will 

continue to require reporting to the FTC, even if 

manufacturers may fulfill that requirement by 

reporting to the DOE. 

56This is an FTC staff estimate based on data 

submitted by manufacturers to the FTC pursuant to 

the current Rule. 57This estimate is based on FTC staff’s general 

knowledge of manufacturing practices. 

58Unlike retail Web sites that already have 

established Web pages for the products they offer, 

some manufacturers may have to create new Web 

pages for posting these requirements. Accordingly, 

the burden estimate for manufacturers is higher 

(five minutes per model) than that for catalog sellers 

(one minute per model). 

59See U.S. Department of Labor, National 

Compensation Survey: Occupational Earnings in 

the United States 2010 (May 2011), Bulletin 2753, 

Table 3 at 3–13 (‘‘Full-time civilian workers,’’ mean 

and median hourly wages), available at http:// 

www.bls.gov/ncs/ncswage2010.htm. 

60This assumption is conservative because the 

number of incremental additions to the catalog and 

their frequency is likely to be much lower after 

initial start-up efforts have been completed. 

whether filed in paper or electronic 

form. Comments received will be 

available to the public on the FTC Web 

site, to the extent practicable, at 

http://www.ftc.gov/os/ 

publiccomments.shtm. As a matter of 

discretion, the FTC makes every effort to 

remove home contact information for 

individuals from the public comments it 

receives before placing those comments 

on the FTC Web site. More information, 

including routine uses permitted by the 

Privacy Act, may be found in the FTC’s 

privacy policy, at http://www.ftc.gov/ 

ftc/privacy.htm. 

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 March 20, 2012, 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. 

VII. 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 

regulation that implements the 

Paperwork Reduction Act (PRA).54 OMB 

has approved the Rule’s existing 

information collection requirements 

through Jan. 31, 2014 (OMB Control No. 

3084–0069). As described below, the 

proposed amendments modify (to a 

minor degree) the current Rule’s 

existing labeling and reporting 

requirements.55 Accordingly, the 

Commission is submitting this proposed 

Rule and an associated PRA Supporting 

Statement to OMB for review. 

Manufacturer EnergyGuide Images 

Online: The proposed Rule requires 

manufacturers to post images of their 

EnergyGuide and Lighting Facts labels 

on their Web sites. Given approximately 

15,000 total models 56 at an estimated 

five minutes per model,57 this 

requirement will entail a burden of 

1,250 hours.58 Assuming that the 

additional disclosure requirement will 

be implemented by graphic designers at 

a mean hourly wage of $23.42 per 

hour,59 the associated labor cost would 

approximate $29,300 per year. 

Adhesive EnergyGuide Labels: The 

proposed amendments would require 

manufacturers of products with the 

EnergyGuide label to change 

information on the label and, in some 

cases, convert their labels from hang 

tags to adhesive labels. Under the 

current Rule, manufacturers routinely 

change labels to reflect new range and 

cost data, which is already accounted 

for by previous burden analyses for the 

Rule. Thus, such a change should not 

impose any additional burden. 

Ceiling Fan, Clothes Washer, and 

Room Air Conditioner Labels: Changes 

to ceiling fan, clothes washer, and room 

air conditioner labels should impose no 

additional burden. Because the 

amendments will provide 

manufacturers with ample time to make 

such changes, manufacturers should be 

able to incorporate these changes into 

their normal schedules for package and 

label printing. 

Catalog Disclosures: The 

Commission’s past estimate of the 

Rule’s burden on catalog sellers 

(including Internet sellers) has assumed 

conservatively that catalog sellers must 

enter their data for each product into the 

catalog each year (see, e.g., 71 FR 78057, 

78062 (Dec. 28, 2006)).60 The proposed 

amendments do not alter that 

assumption as they would require just a 

one-time change of all products in 

affected catalogs. This one-time 

adjustment is consistent with, and 

accounted for by this prior assumption 

and the associated burden estimates for 

catalog sellers. Accordingly, the 

Commission believes no modification to 

existing burden estimates for catalog 

sellers is necessary. 

Estimated annual non-labor cost 

burden: Any capital costs associated 

with the amendments are likely to be 

minimal. 

The Commission invites comments 

that will enable it to: (1) Evaluate 

whether the proposed collections of 

information are necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information will have practical utility; 

(2) evaluate the accuracy of the 

Commission’s estimate of the burden of 

the proposed collections of information, 

including the validity of the 

methodology and assumptions used; (3) 

enhance the quality, utility, and clarity 

of the information to be collected; and 

(4) minimize the burden of the 

collections of information on those who 

must comply, including through the use 

of appropriate automated, electronic, 

mechanical, or other technological 

techniques or other forms of information 

technology. 

Comments on any proposed 

recordkeeping, disclosure, testing, or 

reporting requirements that are subject 

to OMB review under the PRA should 

additionally be submitted to: Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

Attention: Desk Officer for Federal 

Trade Commission. Comments should 

be submitted via facsimile to (202) 

395B5167 because U.S. postal mail at 

the OMB is subject to lengthy delays 

due to heightened security precautions. 

VIII. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(‘‘RFA’’), 5 U.S.C. 601–612, requires that 

the Commission provide an Initial 

Regulatory Flexibility Analysis 

(‘‘IRFA’’) with a proposed Rule and a 

Final Regulatory Flexibility Analysis 

(‘‘FRFA’’), with the final Rule, if any, 

unless the Commission certifies that the 

Rule will not have a significant 

economic impact on a substantial 

number of small entities. See 5 U.S.C. 

603–605. 

The Commission does not anticipate 

that the proposed Rule will have a 

significant economic impact on a 

substantial number of small entities. 

The Commission recognizes that some 

of the affected manufacturers may 

qualify as small businesses under the 

relevant thresholds. However, the 

Commission does not expect that the 

requirements specified in the proposed 

Rule will have a significant impact on 

these entities because, as discussed in 

the previous section, the proposed 

amendments involve formatting changes 

to labels and Web site changes that 


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should not have a significant impact on 

affected entities, including small 

businesses. 

Accordingly, this document serves as 

notice to the Small Business 

Administration of the FTC’s 

certification of no effect. To ensure the 

accuracy of this certification, however, 

the Commission requests comment on 

whether the proposed Rule will have a 

significant impact on a substantial 

number of small entities, including 

specific information on the number of 

entities that would be covered by the 

proposed Rule, the number of these 

companies that are ‘‘small entities,’’ and 

the average annual burden for each 

entity. Although the Commission 

certifies under the RFA that the Rule 

proposed in this notice would not, if 

promulgated, have a significant impact 

on a substantial number of small 

entities, the Commission has 

determined, nonetheless, that it is 

appropriate to publish an IRFA in order 

to inquire into the impact of the 

proposed Rule on small entities. 

Therefore, the Commission has prepared 

the following analysis: 

A. Description of the Reasons That 

Action by the Agency Is Being Taken 

The Commission has initiated this 

rulemaking to reduce the Rule’s 

reporting burdens, increase the 

availability of energy labels to 

consumers while minimizing burdens 

on industry, and generally improve 

existing requirements. 

B. Statement of the Objectives of, and 

Legal Basis for, the Proposed Rule 

The objective of the proposed Rule is 

to improve the effectiveness of the 

current energy labeling program which 

will assist consumers in their 

purchasing decisions while minimizing 

industry burden. The legal basis for this 

Rule is the EPCA (42 U.S.C. 6291 et 

seq.). 

C. Small Entities to Which the Proposed 

Rule Will Apply 

Under the Small Business Size 

Standards issued by the Small Business 

Administration, the standards for 

various affected entities are as follows: 

refrigerator manufacturers—up to 1,000 

employees; other appliance 

manufacturers—up to 500 employees; 

appliances stores—up to $10 million in 

annual receipts; television stores—up to 

$25.5 million in annual receipts, and 

light bulb manufacturers—up to 1,000 

employees. The Commission estimates 

that fewer than 600 entities subject to 

the proposed Rule’s requirements 

qualify as small businesses. The 

Commission seeks comment and 

information with regard to the estimated 

number or nature of small business 

entities for which the proposed Rule 

would have a significant economic 

impact. 

D. Projected Reporting, Recordkeeping 

and Other Compliance Requirements 

The Commission recognizes that the 

proposed labeling changes will involve 

some burdens on affected entities. 

However, the amendments should not 

have a significant impact on small 

entities. The proposed amendments 

would require manufacturers of 

products with the EnergyGuide label to 

change information on the label and, in 

some cases, convert their labels from 

hang tags to adhesive labels. Changes to 

ceiling fan, clothes washer, and room air 

conditioner labels should impose no 

additional burden because the proposed 

amendments should give manufacturers 

time to incorporate the changes into 

their normal label production schedules 

at minimal cost. Because the 

amendments would provide 

manufacturers with ample time to make 

such changes, manufacturers should be 

able to incorporate these changes into 

their normal schedules for package and 

label printing. Online sellers would 

have to make changes to ensure their 

Web sites provide the full EnergyGuide 

or Lighting Facts label. There should be 

no capital costs associated with the 

amendments. The Commission invites 

comment and information on these 

issues. 

E. Duplicative, Overlapping, or 

Conflicting Federal Rules 

The Commission has not identified 

any other federal statutes, rules, or 

policies that would duplicate, overlap, 

or conflict with the proposed Rule. In 

fact, the proposed amendments should 

reduce duplication between FTC and 

DOE reporting requirements. 

F. Significant Alternatives to the 

Proposed Rule 

The Commission seeks comment and 

information on the need, if any, for 

alternative compliance methods that, 

consistent with the statutory 

requirements, would reduce the 

economic impact of the rule on such 

small entities. As one alternative to 

reduce burden, the Commission could 

delay the effective date of the 

amendments to provide additional time 

for small business compliance. In 

addition, the Commission could 

consider different compliance dates, 

reporting requirements, or exemptions 

for small entities. Comments filed in 

response to this notice should identify 

small entities that are affected by the 

Rule, as well as alternative methods of 

compliance that would reduce the 

economic impact of the Rule on small 

entities. The Commission will consider 

the feasibility of such alternatives and 

determine whether they should be 

incorporated into the final rule. 

IX. 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). 

X. 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 the following 

amendments to 16 CFR part 305: 

PART 305—ENERGY AND WATER USE 

LABELING FOR CONSUMER 

PRODUCTS UNDER THE ENERGY 

POLICY AND CONSERVATION ACT 

(‘‘ENERGY LABELING RULE’’) 

1. The authority citation for part 305 

continues to read as follows: 

Authority: 42 U.S.C. 6294. 

2. In § 305.3, revise paragraph (a)(1) 

and (2) to read as follows: 

§ 305.3 Description of covered products. 

(a)(1) Electric refrigerator means a 

cabinet designed for the refrigerated 

storage of food, designed to be capable 

of achieving storage temperatures above 

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

and having a source of refrigeration 

requiring single phase, alternating 

current electric energy input only. An 

electric refrigerator may include a 

compartment for the freezing and 

storage of food at temperatures below 32 

°F (0 °C), but does not provide a 

separate low temperature compartment 

designed for the freezing and storage of 

food at temperatures below 8 °F (¥13.3 

°C). 

(2) Electric refrigerator-freezer means 

a cabinet which consists of two or more 

compartments with at least one of the 

compartments designed for the 

refrigerated storage of food and designed 

to be capable of achieving storage 

temperatures above 32 °F (0 °C) and 

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

one of the compartments designed for 

the freezing and storage of food at 


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temperatures below 8 °F (¥13.3 °C) 

which may be adjusted by the user to a 

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

The source of refrigeration requires 

single phase, alternating current electric 

energy input only. 

* * * * * 

3. In § 305.4, revise paragraph (b) to 

read as follows: 

§ 305.4 Prohibited acts. 

* * * * * 

(b) Subject to enforcement penalties 

assessed per model per day of violation 

pursuant to 42 U.S.C. 6303 and adjusted 

for inflation by § 1.98 of this chapter, it 

shall be unlawful for any manufacturer 

or private labeler knowingly to: 

* * * * * 

4. Section 305.5 is revised to read as 

follows: 

§ 305.5 Determinations of estimated 

annual energy consumption, estimated 

annual operating cost, and energy 

efficiency rating, water use rate, and other 

required disclosure content. 

(a) Unless otherwise stated in 

paragraphs (b), (c), (d), or (e) of this 

section, the content of any disclosures 

required by this part must be 

determined in accordance with the 

procedures required by the Department 

of Energy as set forth in 10 CFR part 

430, including test procedures in 

§ 430.23, sampling procedures in 

§ 430.24, laboratory accreditation in 

§ 430.25 for information required to be 

submitted to the Department, and 

testing procedure waivers granted 

pursuant to § 430.27. 

(b) For any representations required 

by this part but not subject to 10 CFR 

part 430 requirements and not otherwise 

specified in this section, manufacturers 

and private labelers of any covered 

product must possess and rely upon a 

reasonable basis consisting of competent 

and reliable scientific tests and 

procedures substantiating the 

representation. 

(c) For representations of the light 

output for general service light-emitting 

diode (LED or OLED) lamps, the 

Commission will accept as a reasonable 

basis scientific tests conducted 

according to IES LM79. 

(d) Determinations of estimated 

annual energy consumption and 

estimated annual operating (energy) 

costs of televisions must be based on the 

procedures contained in the ENERGY 

STAR Version 4.2 test, which is 

comprised of the ENERGY STAR 

Program Requirements, Product 

Specification for Televisions, Eligibility 

Criteria Version 4.2 (Adopted April 30, 

2010); the Test Method (Revised Aug– 

2010); and the CEA Procedure for DAM 

Testing: For TVs, Revision 0.3 (Sept. 8, 

2010). Annual energy consumption and 

cost estimates must be derived assuming 

5 hours in on mode and 19 hours in 

sleep (standby) mode per day. These 

ENERGY STAR requirements are 

incorporated by reference into this 

section. The Director of the Federal 

Register has approved these 

incorporations by reference in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. Copies of the test 

procedure may be inspected or obtained 

at the United States Environmental 

Protection Agency, ENERGY STAR 

Hotline (6202J), 1200 Pennsylvania 

Avenue NW., Washington, DC 20460, or 

at http://www.energystar.gov/ia/ 

partners/product_specs/program_reqs/ 

Televisions_Program_Requirements.pdf 

[Telephone: ENERGY STAR Hotline: 

1–888–782–7937]; at the Federal Trade 

Commission, Consumer Response 

Center, Room 130, 600 Pennsylvania 

Avenue NW., Washington, DC 20580 

[Telephone: 1–202–326–2830]; and at 

the National Archives and Records 

Administration, at http:// 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html [Telephone: 1–202– 

741–6030]. 

(e) Representations for ceiling fans 

under section 305.13 must be derived 

from procedures in 10 CFR 430.23. 

5. Section 305.6 is revised to read as 

follows: 

§ 305.6 Manufacturer duty to provide 

labels. 

For each covered product that a 

manufacturer distributes in commerce 

which is 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 

Web site in a manner that allows catalog 

sellers to hyperlink to the label or 

download it for use in Web sites or 

paper catalogs. The labels must remain 

on the Web site for two years after the 

manufacturer ceases the model’s 

production. 

6. In § 305.7, revise paragraph (g) to 

read as follows: 

§ 305.7 Determination of capacity. 

* * * * * 

(g) Clothes washers. The capacity 

shall be the tub capacity as determined 

according to appendix J1 to 10 CFR part 

430, expressed as cubic feet rounded to 

the nearest tenth of a foot. 

* * * * * 

7. In § 305.8, paragraph (a)(1) is 

revised to read as follows: 

§ 305.8 Submission of data. 

(a)(1) Except as provided in 

paragraphs (a)(2) and (a)(3) of this 

section, each manufacturer of a covered 

product subject to the disclosure 

requirements of this part and subject to 

Department of Energy certification 

requirements in 10 CFR part 430 shall 

submit annually a report for each model 

in current production containing the 

same information that must be 

submitted to the Department of Energy 

pursuant to 10 CFR part 430 for that 

product, and that the Department has 

identified as public information 

pursuant to 10 CFR part 429. In lieu of 

submitting the required information to 

the Commission as required by this 

section, manufacturers may submit such 

information to the Department of Energy 

via the Compliance and Certification 

Management System (CCMS) at https:// 

regulations.doe.gov/ccms as provided 

by 10 CFR 430.62. 

(2) Manufacturers or private labelers 

of ceiling fans shall submit annually a 

report containing the brand name, 

model number, diameter (in inches), 

wattage at high speed excluding any 

lights, and airflow (capacity) at high 

speed for each basic model in current 

production. 

(3) This section does not require 

reports for televisions and general 

service light-emitting diode (LED or 

OLED) lamps. 

* * * * * 

8. In § 305.11, paragraphs (d) and (e) 

are revised to read as follows: 

§ 305.11 Labeling for refrigerators, 

refrigerator-freezers, freezers, dishwashers, 

clothes washers, water heaters, room air 

conditioners, and pool heaters. 

* * * * * 

(d) Label type. (1) Except for room air 

conditioners as provided in paragraph 

(d)(2), manufacturers or private labelers 

must affix the labels to the product in 

the form of an adhesive label before 

distribution of the product into 

commerce. The 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 adhesion capacity 

sufficient to prevent their dislodgment 

during normal handling throughout the 

chain of distribution to the 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′′ × 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 requirements of this paragraph. 

(2) Labels for room air conditioners 

shall be printed on or affixed to the 


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principal display panel of the product’s 

packaging. 

(e) Placement. Manufacturers shall 

affix adhesive labels to the covered 

products before distribution into 

commerce in such a position that it is 

easily read by a consumer examining 

the product. The label generally should 

be located on the upper-right-front 

corner of the product’s front exterior. 

However, some other prominent 

location, including a prominent location 

in the product’s interior, may be used as 

long as the label will not become 

dislodged during normal handling 

throughout the chain of distribution to 

the retailer or consumer. The top of the 

label should not exceed 74 inches from 

the base of taller products. The label can 

be displayed in the form of a flap tag 

adhered to the top of the appliance and 

bent (folded at 90°) to hang over the 

front, as long as this can be done with 

assurance that it will be readily visible 

and will not become dislodged. 

* * * * * 

9. Section 305.12, paragraphs (f)(8)(iii) 

and (g)(9)(iii) are revised to read as 

follows: 

§ 305.12 Labeling for central air 

conditioners, heat pumps, and furnaces. 

* * * * * 

(f) * * * 

(8) * * * 

(iii) The manufacturer may include 

the ENERGY STAR logo on the bottom 

right corner of the label for qualified 

products. The logo must be 1 inch high 

and no greater than 3 inches wide. 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 

qualifying 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. 

* * * * * 

(g) * * * 

(9) * * * 

(iii) The manufacturer may include 

the ENERGY STAR logo on the bottom 

right corner of the label for qualified 

products. The logo must be 1 inch high 

and no greater than 3 inches wide. 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 

qualifying 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. 

10. In § 305.13 paragraph (a) is revised 

to read as follows: 

§ 305.13 Labeling for ceiling fans. 

(a) Ceiling fans— 

(1) Content. Any covered product that 

is a ceiling fan shall be labeled clearly 

and conspicuously on the package’s 

principal display panel with the 

following information in order from top 

to bottom on the label: 

(i) Headlines and text as illustrated in 

the prototype and sample labels in 

Appendix L to this part; 

(ii) the product’s estimated annual 

operating cost based on 6 hours use per 

day and 11 cents per kWh. 

(iii) The product’s airflow at high 

speed expressed in cubic feet per 

minute and determined pursuant to 

§ 305.5 of this part; 

(iv) The product’s electricity usage at 

high speed expressed in watts and 

determined pursuant to § 305.5 of this 

part as indicated in Ceiling Fan Label 

Illustration of appendix L of this part; 

(v) The following statement shall 

appear on the label for fans fewer than 

49 inches in diameter: ‘‘Compare: 36’’ to 

48’’ ceiling fans have an estimated 

yearly energy cost ranging from 

approximately $2 to $53.’’; 

(vi) The following statement shall 

appear on the label for fans 49 inches or 

more in diameter: ‘‘Compare: 49’’ to 60’’ 

ceiling fans have an estimated yearly 

energy cost ranging from approximately 

$3 to $29.’’; and 

(vii) The ENERGY STAR logo as 

illustrated on the ceiling fan label 

illustration in Appendix L for qualified 

products, if desired by the 

manufacturer. 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 qualifying covered 

products; such manufacturers may add 

the ENERGY STAR logo to labels only 

on those products that are covered by 

the Memorandum of Understanding; 

(2) Label size, color, and text font. The 

label shall be four inches wide and three 

inches high. The label colors shall be 

process black text on a process yellow 

background. The text font shall be Arial 

or another equivalent font. The text on 

the label shall be black with a white 

background. The label’s text size, 

format, content, and the order of the 

required disclosures shall be consistent 

with ceiling fan label illustration of 

appendix L of this part. 

(3) Placement. The ceiling fan label 

shall be printed on or affixed to the 

principal display panel of the product’s 

packaging. 

(4) Additional information. No marks 

or information other than that specified 

in this part shall appear on this label, 

except a model name, number, or 

similar identifying information. 

* * * * * 

11. Section 305.17, paragraphs (d), (e), 

(e)(1), are revised and (h) is added to 

read as follows: 

§ 305.17 Television labeling. 

* * * * * 

(d) Label types. Except as provided in 

paragraph (i), the labels must be affixed 

to the product in the form of either an 

adhesive label, cling label, or alternative 

label as follows: 

* * * * * 

(e) Placement—(1) In general. Except 

as provided in paragraph (i), all labels 

must be clear and conspicuous to 

consumers viewing the television screen 

from the front. 

* * * * * 

(h) Labels for small televisions: For 

television with screens measuring nine 

inches or less diagonally, manufacturers 

may print the label required by this 

section on the primary display panel of 

the product’s packaging or affix a label 

to the packaging in lieu of affixing a 

label to the television screen or bezel. 

The size of the label may be scaled to 

fit the packaging size as appropriate, as 

long as it remains clear and 

conspicuous. 

* * * * * 

12. Section 305.20 is revised to read 

as follows: 

§ 305.20 Paper catalogs and Web sites. 

(a) Covered products offered for sale 

on the Internet. Any manufacturer, 

distributor, retailer, or private labeler 

who advertises a covered product on an 

Internet Web site in a manner that 

qualifies as a catalog under this Part 

shall disclose energy information as 

follows: 

(1) Content. 

(i) Products required to bear 

EnergyGuide or Lighting Facts labels. 

All Web sites advertising covered 

refrigerators, refrigerator-freezers, 

freezers, room air conditioners, clothes 

washers, dishwashers, ceiling fans, pool 

heaters, central air conditioners, heat 

pumps, furnaces, general service lamps, 

and televisions must display, for each 

model, an image of the label required for 

that product by this Part. The Web site 

may hyperlink to the image of the label 

using the icon depicted in Appendix L. 

(ii) Products not required to bear 

EnergyGuide or Lighting Facts labels. 

All Web sites advertising covered 

showerheads, faucets, water closets, 

urinals, general service fluorescent 


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lamps, fluorescent lamp ballasts, and 

metal halide lamp fixtures must include 

the following disclosures for each 

covered product: 

(A) Showerheads, faucets, water 

closets, and urinals. The product’s 

water use, expressed in gallons and 

liters per minute (gpm and L/min) or 

per cycle (gpc and L/cycle) or gallons 

and liters per flush (gpf and Lpf) as 

specified in § 305.16. 

(B) General service fluorescent lamps, 

fluorescent lamp ballasts and 

luminaires and metal halide lamp 

fixtures. A capital letter ‘‘E’’ printed 

within a circle. 

(2) Format. The required Web site 

disclosures, whether label image, icon, 

or text, must appear clearly and 

conspicuously and in close proximity to 

the covered product’s price on each 

Web page that contains a detailed 

description of the covered product and 

its price. The label and hyperlink icon 

must conform to the prototypes in 

Appendix L, but may be altered in size 

to accommodate the Web page’s design, 

as long as they remain clear and 

conspicuous to consumers viewing the 

page. 

(b) Covered products offered for sale 

in paper catalogs. Any manufacturer, 

distributor, retailer, or private labeler 

that advertises a covered product in a 

paper publication that qualifies as a 

catalog under this Part shall disclose 

energy information as follows: 

(1) Content. 

(i) Products required to bear 

EnergyGuide or Lighting Facts labels. 

All paper catalogs advertising covered 

products required by this Part to bear 

EnergyGuide or Lighting Facts labels 

illustrated in Appendix L (refrigerators, 

refrigerator-freezers, freezers, room air 

conditioners, clothes washers, 

dishwashers, ceiling fans, pool heaters, 

central air conditioners, heat pumps, 

furnaces, general service fluorescent 

lamps, general service lamps, and 

televisions) must either display an 

image of the full label prepared in 

accordance with this Part, or make a text 

disclosure as follows: 

(A) Refrigerator, refrigerator-freezer, 

and freezer. The capacity of the model 

determined in accordance with § 305.7, 

the estimated annual operating cost 

determined in accordance with § 305.5 

and appendix K of this Part, and a 

disclosure stating ‘‘Your energy cost 

depends on your utility rates and use. 

The estimated cost is based on 11 cents 

per kWh and TK hours of use per day. 

For more information, visit www.ftc.gov/ 

energy.’’ 

(B) Room air conditioners and water 

heaters. The capacity of the model 

determined in accordance with § 305.7, 

the estimated annual operating cost 

determined in accordance with § 305.5 

and appendix K of this Part, and a 

disclosure stating ‘‘Your operating costs 

will depend on your utility rates and 

use. The estimated operating cost is 

based on a national average [electricity, 

natural gas, propane, or oil] cost of [$ __ 

per kWh, therm, or gallon]. For more 

information, visit www.ftc.gov/energy.’’ 

(C) Clothes washers and dishwashers. 

The capacity of the model determined 

in accordance with § 305.7 and the 

estimated annual operating cost 

determined in accordance with § 305.5 

and appendix K, and a disclosure 

stating ‘‘Your energy cost depends on 

your utility rates and use. The estimated 

cost is based on [4 washloads a week for 

dishwashers, or 8 washloads a week for 

clothes washers] and 11 cents per kWh 

for electricity and $__ per therm for 

natural gas. For more information, visit 

www.ftc.gov/energy.’’ 

(D) General service fluorescent lamps 

or general service lamps. All the 

information concerning that lamp 

required by § 305.15 of this part to be 

disclosed on the lamp’s package, and a 

disclosure stating ‘‘Your energy cost 

depends on your utility rates and use. 

The estimated cost and life is based on 

11 cents per kWh and 3 hours of use per 

day. For more information, visit 

www.ftc.gov/energy.’’ For the ‘‘Light 

Appearance’’ disclosure required by 

§ 305.15(b)(3)(iv), the catalog need only 

disclose the lamp’s correlated color 

temperature in Kelvin (e.g., 2700 K). 

General service fluorescent lamps or 

incandescent reflector lamps must also 

include a capital letter ‘‘E’’ printed 

within a circle and the statement 

described in § 305.15(d)(1). 

(E) Ceiling fans. All the information 

required by § 305.13. 

(F) Televisions. The estimated annual 

operating cost determined in accordance 

with § 305.5 and a disclosure stating 

‘‘Your energy cost depends on your 

utility rates and use. The estimated cost 

is based on 11 cents per kWh and 5 

hours of use per day. For more 

information, visit www.ftc.gov/energy.’’ 

(ii) Products not required to bear 

EnergyGuide or Lighting Facts labels. 

All Web sites advertising covered 

products not required by this Part to 

bear labels with specific design 

characteristics illustrated in Appendix L 

(showerheads, faucets, water closets, 

urinals, fluorescent lamp ballasts, and 

metal halide lamp fixtures) must make 

a text disclosure for each covered 

product identical to those required for 

Internet disclosures under 

§ 305.20(a)(1)(iii). 

(2) Format. The required disclosures, 

whether text, label image, or icon, must 

appear clearly and conspicuously on 

each page that contains a detailed 

description of the covered product and 

its price. If a catalog displays an image 

of the full label, the size of the label may 

be altered to accommodate the catalog’s 

design, as long as the label remains clear 

and conspicuous to consumers. For text 

disclosures made pursuant to 

305.20(b)(1)(i) and (ii), the required 

disclosure may be displayed once per 

page per type of product if the catalog 

offers multiple covered products of the 

same type on a page, as long as the 

disclosure remains clear and 

conspicuous. 

13. Revise Appendix L by revising 

Sample Icon 17, adding Sample Icon 18, 

and revising Ceiling Fan Illustration to 

read as follows: 

Appendix L to Part 305—Sample Labels 

* * * * * 

BILLING CODE 6750–01–P 

* * * * * 


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15310 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2012–4865 Filed 3–14–12; 8:45 am] 

BILLING CODE 6750–01–C 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Federal Highway Administration 

23 CFR Part 771 

[Docket No. FTA–2011–0056] 

RIN 2132–AB03 

Environmental Impact and Related 

Procedures 

AGENCY: Federal Transit Administration 

(FTA), Federal Highway Administration 

(FHWA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This notice of proposed 

rulemaking (NPRM) provides interested 

parties with the opportunity to 

comment on proposed changes to the 

joint Federal Transit Administration 

(FTA) and Federal Highway 

Administration (FHWA) regulations that 

implement the National Environmental 

Policy Act (NEPA). The proposed 

revisions would affect actions by FTA 

and project sponsors. The proposed 

revisions are intended to streamline the 

FTA environmental process for transit 

projects in response to the Presidential 

Memorandum on the subject ‘‘Speeding 

Infrastructure Development through 

More Efficient and Effective Permitting 

and Environmental Review’’ of August 

31, 2011. The proposed categorical 

exclusions (CEs) would apply to FTA 

and improve the efficiency of the NEPA 

environmental reviews by making 

available the least intensive form of 

review for those actions that typically 

do not have the potential for significant 

environmental effects and therefore do 

not merit additional analysis and 

documentation associated with an 

Environmental Assessment or an 

Environmental Impact Statement. FTA 

and the FHWA invite comments on the 

proposals contained in this notice. 

DATES: Comments must be received by 

May 14, 2012. 

ADDRESSES: You may submit comments 

identified by the docket number (FTA– 

2011–0056) by any of the following 

methods: 

Federal eRulemaking Portal: Go to 

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

online instructions for submitting 

comments. 

U.S. Mail: U.S. Department of 

Transportation, Docket Operations, 

West Building, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

West Building, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Fax: (202) 493–2251. 

Instructions: You must include the 

agency name (Federal Transit 

Administration) and docket number 

(FTA–2011–0056) or Regulatory 

Identification Number (RIN 2132–AB03) 

for this rulemaking at the beginning of 

your comments. All comments received 

will be posted, without change and 

including any personal information 

provided, to http://www.regulations.gov, 

where they will be available to Internet 

users. Please see the discussion of the 

Privacy Act below. 

You should submit two copies of your 

comments if you submit them by mail. 

If you wish to receive confirmation that 

FTA received your comments, you must 

include a self-addressed, stamped 

postcard. Due to security procedures in 

effect since October 2001 regarding mail 

deliveries, mail received through the 

U.S. Postal Service may be subject to 

delays. Parties submitting comments 

may wish to consider using an express 

mail firm to ensure the prompt filing of 

any submissions not filed electronically 

or by hand. For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov and follow the 

online instructions for viewing the 

docket or visit Docket Operations at the 

address above. 

FOR FURTHER INFORMATION CONTACT: 

Antoinette Quagliata at (202) 366–4265 

or Megan Blum at (202) 366–0463, 

Office of Planning and Environment 

(TPE), or Christopher Van Wyk at (202) 

366–1733, or Scott Biehl at (202) 366– 

4011, Office of Chief Counsel (TCC), 

Federal Transit Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 


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