2200 Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Rules and Regulations 

email: frederick.zink@faa.gov; phone: 781– 

238–7779; fax: 781–238–7199. 

(2) Refer to Mandatory Continuing 

Airworthiness Information AD 2012–0117, 

dated July 3, 2012, for related information. 

Issued in Burlington, Massachusetts, on 

December 31, 2012. 

Kevin Dickert, 

Acting Manager, Engine & Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–00130 Filed 1–9–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0750; Airspace 

Docket No. 11–AWP–4] 

RIN 2120–AA66 

Establishment of VOR Federal Airway 

V–629; Las Vegas, NV 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes VHF 

omnidirectional range (VOR) Federal 

airway V–629, near Las Vegas, NV, to 

supplement the existing routes structure 

for aircraft navigating in an area of 

marginal radar coverage. This action 

enhances the safety and efficiency of the 

National Airspace System. 

DATES: Effective date 0901 UTC, March 

7, 2013. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace Policy and ATC 

Procedures Group, Office of Airspace 

Services, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On September 6, 2012, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to establish V–629 near Las Vegas, NV. 

(77 FR 54859). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on this proposal to the FAA. No 

comments were received. 

The Rule 

The FAA is amending Title 14, Code 

of Federal Regulations (14 CFR) part 71 

by establishing VOR Federal airway V– 

629, near Las Vegas, NV, to supplement 

the existing route structure and provide 

positive course guidance for aircraft 

navigating in an area of marginal radar 

coverage. 

VOR Federal airways are published in 

paragraph 6010(a) of FAA Order 

7400.9W signed August 8, 2012 and 

effective September 15, 2012, which is 

incorporated by reference in 14 CFR 

71.1. The VOR Federal airway listed in 

this document will be published 

subsequently in the Order. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

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 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 the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it establishes a VOR Federal airway to 

enhance the safety and efficiency of the 

National Airspace System in the vicinity 

of Las Vegas, NV. Except for editorial 

changes, this rulemaking is the same as 

published in the NPRM. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, Environmental Impacts: 

Policies and Procedures, paragraph 

311a. This airspace action is not 

expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 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 

continues 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 the FAA Order 7400.9W, 

Airspace Designations and Reporting 

Points, signed August 8, 2012, and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 6010(a)—Domestic VOR Federal 

Airways. 

* * * * * 

V–629 [New] 

From INT Goffs, CA, 033° and the Boulder 

City, NV, 182° radials to Boulder City. 

Issued in Washington, DC, on December 

12, 2012. 

Gary A. Norek, 

Manager, Airspace Policy and ATC 

Procedures Group. 

[FR Doc. 2013–00289 Filed 1–8–13; 4:15 pm] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 305 

RIN 3084–AB15 

Energy Labeling Rule 

AGENCY: Federal Trade Commission 

(FTC or Commission). 

ACTION: Final rule. 

SUMMARY: As part of its ongoing 

regulatory review of the Appliance 

Labeling Rule (‘‘Rule’’), the Commission 

amends the Rule by streamlining data 

reporting requirements for 

manufacturers, clarifying testing 

requirements and enforcement 

provisions, improving online energy 

label disclosures, and making several 

minor technical changes and 


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Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Rules and Regulations 2201 

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). 

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

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

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

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

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

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

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

2011) (televisions). 5 See 42 U.S.C. 6302(a)(1); 16 CFR 305.4(a)(1). 

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 Part 305 Appx. L (label prototypes). Ceiling 

fans must bear labels 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 must bear a ‘‘Lighting Facts’’ 

label. 

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

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

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

addition to current models, each annual report must 

identify models discontinued since the previous 

report. 16 CFR 305.8(b)(2). In addition to annual 

reports, manufacturers must submit a report for 

each new model prior to distribution of that model. 

16 CFR 305.8(c). 

9 10 CFR Part 429. 

10 77 FR 15298 (Mar. 15, 2012). In 2011, the 

Commission also proposed amendments related to 

the Rule’s light bulb coverage. See 76 FR 45715 

(Aug. 1, 2011). 

11The Commission also proposed two technical 

corrections related to ENERGY STAR logos on 

heating and cooling equipment and television labels 

for small models. 77 FR 15298, 15303. 12The Commission received 15 timely comments 

in response to the NPRM. The commenters 

included A.O. Smith Corporation (#00003), AirConditioning, Heating, and Refrigeration Institute 

(AHRI) (#00020), Alliance Laundry Systems LLC 

(#00011), Association of Home Appliance 

Manufacturers (AHAM) (#00013), Bradford White 

Corporation (#00004), BSH Home Appliances 

(#00007), Consumer Electronics Association (CEA) 

(#00012), consolidated comments from the 

American Council for an Energy-Efficient Economy, 

Appliance Standards Awareness Project, Consumer 

Federation of America, Consumers Union, 

Earthjustice, Natural Resources Defense Council, 

and Public Citizen (referred to in this Notice as 

‘‘consolidated comments from consumer and 

efficiency organizations’’) (#00015), Highfill, Lisa 

(#00006), National Electrical Manufacturers 

Association (NEMA) (#00005), Pacific Gas and 

Electric Company (PG&E) (#00009), Panasonic 

Corporation of North America (#00014), 

Sonthipanya, Shannon (#00002), Southern 

California Edison (#00008), and Whirlpool 

Corporation (#00010). The comments can be found 

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

energylabelamend/index.shtm. 

corrections. The Commission continues 

to consider other issues related to this 

regulatory review and may seek 

comment on additional proposals in the 

future. 

DATES: The amendments published in 

this document will become effective on 

February 15, 2013, with the exception of 

the amendments to §§ 305.4(b)(6) and 

305.6, which become effective on July 

15, 2013, and the amendments to 

§ 305.20 and Appendix L, which 

become effective on January 15, 2014. 

The incorporation by reference of 

certain publications listed in the rule 

was approved by the Director of the 

Federal Register as of May 10, 2011. 

ADDRESSES: Requests for copies of this 

document should be sent to: Public 

Reference Branch, Room 130, Federal 

Trade Commission, 600 Pennsylvania 

Avenue NW., Washington, DC 20580. 

The complete record of this proceeding 

is also available at that address. 

Relevant portions of the proceeding, 

including this document, are available 

at http://www.ftc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Hampton Newsome, (202) 326–2889, 

Attorney, Division of Enforcement, 

Bureau of Consumer Protection, Federal 

Trade Commission, 600 Pennsylvania 

Avenue NW., Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Appliance Labeling Rule 

The Commission issued the 

Appliance Labeling Rule pursuant to the 

Energy Policy and Conservation Act 

(EPCA).1 The Rule 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 coverage to 

include central air conditioners, heat 

pumps, plumbing products, lighting 

products, ceiling fans, and televisions.4

The Rule requires manufacturers to 

attach yellow EnergyGuide labels on 

many of these products.5 It prohibits 

retailers from removing these labels or 

rendering them illegible.6 In addition, 

the Rule directs sellers, including 

retailers, to post energy disclosures on 

Web sites and in paper catalogs from 

which consumers can order products.7

EnergyGuide labels for covered 

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 efficiency ratings for all similar 

models, and the product’s energy 

consumption or energy efficiency rating 

as derived from standard Department of 

Energy (DOE) tests. The Rule specifies 

the content and format of the label. 

Manufacturers cannot place any 

information on the label other than what 

the Rule specifically allows. 

The Rule also contains reporting 

requirements for most products. Under 

these requirements, manufacturers must 

submit data to the FTC both when they 

begin manufacturing new models and 

on an annual basis thereafter.8 These 

reports must contain, among other 

things, estimated annual energy 

consumption or energy efficiency 

ratings. DOE also has similar reporting 

requirements for its efficiency standards 

certification program.9

II. Regulatory Review 

In a March 15, 2012 Notice of 

Proposed Rulemaking (NPRM),10 the 

Commission initiated a regulatory 

review of the Rule, inviting comment on 

several specific proposals as well as the 

Rule’s overall regulatory and economic 

impacts. In particular, the Commission 

proposed to: (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 

manufacturers to place room air 

conditioner labels on display boxes 

instead of on the product; (4) improve 

retailer Web site and paper catalog 

disclosures by retailers; (5) require 

manufacturers to include estimated 

operating cost information on ceiling 

fan labels; (6) require manufacturers to 

include specific capacity information 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.11

The Commission has reviewed the 

responsive comments 12 and now issues 

final amendments to address two of the 

principal issues raised in the NPRM— 

the harmonization of reporting and 

testing requirements, and improvements 

to the Rule’s online disclosure 

requirements—as well as several less 

significant changes. In the future, the 

Commission plans to address some of 

the other issues discussed in the NPRM, 

as well as additional issues raised by 

commenters, because these issues 

require further comment and 

consideration. 

III. Final Amendments 

The Commission announces final 

amendments to improve the Rule 


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2202 Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Rules and Regulations 

13The Rule’s reporting requirements do not apply 

to televisions and LED (light-emitting diode) light 

bulbs. 76 FR 1038, 1040 n.28 (Jan. 6, 2011). 

14 75 FR 27183 (May 14, 2010). 

15 See 10 CFR part 430; 42 U.S.C. 6296. 

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

17Unless otherwise specified in the Rule, the 

Commission did not propose to require compliance 

with any DOE testing provisions that DOE does not 

require for certification. This will ensure that the 

FTC does not inadvertently impose additional 

testing requirements. The Commission also 

proposed to eliminate various references to 

recommended Illuminating Engineering Society 

(IES) test procedures for incandescent and compact 

fluorescent lamps now superseded by specific DOE 

testing requirements. 

18See, e.g., Alliance, AHAM, National Electrical 

Manufacturers Association (NEMA), Energy and 

Consumer Organization Commenters. 

19AHAM, Alliance Laundry Systems, Whirlpool, 

and BSH Home Appliances. 

20 10 CFR 429.12(f). 

21See 76 FR 12422, 12429 (Mar. 7, 2011). 

22 10 CFR 429.14(a)(2)(i). 

23The final rule contains a non-substantive 

change to the language in section 305.5(a) to reflect 

recent changes in the location of DOE testing and 

sampling provisions in 10 CFR Parts 429 and 430. 

24The final amendments do not eliminate direct 

reporting to the FTC 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). 

25Consistent with the current FTC Rule (305.8) 

and as required by EPCA (42 U.S.C. 6296(b)), the 

final rule contains a technical correction indicating 

that ceiling fan reports must contain a ‘‘starting 

serial number, date code or other means of 

identifying the date of manufacture (date of 

manufacture information must be included with 

only the first submission for each basic model).’’ 

through harmonization of DOE and FTC 

reporting and testing rules, enhance 

retailer Web site and paper catalog 

disclosures, update product definitions 

for refrigerators and freezers, clarify the 

Rule’s enforcement and penalty 

provisions, change the Rule’s title, and 

correct a few technical errors. Below, we 

discuss the comments received and the 

Commission’s final decision on these 

issues. 

A. Reporting and Testing Requirements 

Background: In the NPRM, the 

Commission proposed to streamline 

current reporting requirements by 

allowing manufacturers to submit FTCrequired data through a DOE database 

and by harmonizing FTC reporting rules 

with DOE requirements. The 

Commission also proposed to clarify 

FTC testing requirements for mandatory 

label disclosures.13

Specifically, the Commission 

proposed to 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)).14 Under current rules, 

manufacturers of each covered product 

must submit one report to DOE 15 and 

another, largely duplicative submission 

to the FTC. Under the proposal, 

manufacturers would send their reports 

only to DOE. Once manufacturers 

upload their data to DOE’s database, the 

FTC would obtain the information from 

DOE and place it on the Commission’s 

public record.16

The Commission also proposed to 

harmonize FTC reporting requirements 

with DOE certification rules. To achieve 

this goal, the FTC Rule would require 

the same report content as DOE. 

However, for ceiling fans, the FTC 

would continue to maintain separate 

reporting requirements because DOE’s 

test procedures for these products are 

not mandatory. 

In addition, the Commission proposed 

to clarify the DOE testing requirements 

that manufacturers must use to 

determine energy information for FTC 

labels. The current FTC Rule calls for 

adherence to applicable DOE test 

procedures generally, but does not 

mention several specific DOE testing 

requirements such as sampling rules, 

testing accreditation (for light bulbs), 

and testing waiver procedures. The 

proposed amendments specify that 

manufacturers must test their products 

in accordance with all of these DOE 

testing requirements.17

Comments: Commenters supported 

the proposal to harmonize FTC 

reporting and testing regulations with 

DOE.18 For example, the Association of 

Home Appliance Manufacturers 

(AHAM) explained that the change 

‘‘would go a long way to minimize the 

burdens associated with this dual 

reporting.’’ Similarly, the AirConditioning, Heating, and Refrigeration 

Institute (AHRI) observed that existing 

duplicative reporting requirements do 

not ‘‘provide any benefit to consumers 

while considerably increasing the 

regulatory burden on manufacturers.’’ 

No comments opposed the proposals. 

Commenters also urged the Commission 

to consider three specific issues related 

to reporting and testing. 

First, some industry members raised 

concerns about the disparate scope of 

FTC and DOE reporting requirements.19

They noted that the FTC’s proposal, 

consistent with its current rule, requires 

annual reporting for models that are 

‘‘currently in production.’’ In contrast, 

DOE reporting covers all models 

currently ‘‘offered for sale,’’ a broader 

category.20 These comments preferred 

the FTC’s approach and urged the 

Commission to maintain its coverage. 

They explained that DOE’s approach 

requires manufacturers to keep track of 

information outside their control 

because manufacturers generally 

maintain records based on the models in 

current production, not on whether 

retailers offer them for sale, and 

manufacturers do not always know how 

long retailers will offer discontinued 

models for sale. 

Second, industry commenters urged 

the FTC to recognize recent DOE rules 

allowing manufacturers to report energy 

ratings that are more conservative than 

tested ratings. Some manufacturers 

follow this practice to ensure that, given 

slight variations from unit to unit, their 

representations do not overstate the 

efficiency of their products. DOE has 

explained that ‘‘the tested performance 

of the model(s) must be at least as good 

as the certified rating, after applying the 

appropriate sampling plan.’’ 21

Consistent with this policy, DOE 

sampling regulations state that reported 

energy consumption values ‘‘shall be 

greater than or equal to the higher of’’ 

the value generated by the sampling 

procedures.22

Third, some industry commenters 

(e.g., AHAM and Bradford White) noted 

that several manufacturers currently 

submit certification reports to DOE and 

FTC through voluntary industry 

certification programs, such as one 

currently administered by AHRI for 

heating and cooling equipment. These 

comments urged the Commission to 

continue allowing this type of reporting, 

to minimize the burden on 

manufacturers. 

Discussion: After considering the 

comments, the Commission amends the 

Rule as proposed to harmonize its 

reporting and testing requirements with 

DOE.23 These changes streamline 

reporting for manufacturers and ensure 

that all required product data is 

submitted to a single location.24 In 

addition, the amendments will ensure 

that manufacturers develop the content 

of energy disclosures for the FTC labels 

based on DOE-required testing 

provisions. 

Consistent with the proposal and 

existing rule, the final rule continues to 

require reporting for all models in 

current production and all models 

discontinued during the previous 

reporting year.25 DOE currently requires 

reporting for all models available for 

sale (not just those in current 

production). The Commission’s 

amendments should not materially 

change the scope or burden of reporting 

to DOE’s database because FTC’s 

coverage is not as broad as DOE’s. 

In addition, the Commission concurs 

with recent DOE guidance allowing 

manufacturers to rate models more 

conservatively than their tested 


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26 10 CFR 429.12(g). 27The Rule’s definition of ‘‘catalog’’ encompasses 

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). 28 76 FR 1038 (Jan. 6, 2011) (television labels). 

29Pacific Gas and Electric Company (PG&E), 

Southern California Edison, and consolidated 

comments from efficiency and consumer groups. 

30The consolidated comments from consumer 

and efficiency organizations acknowledged that the 

proposed icon, with its explanatory text, was 

preferable to the icon currently required for 

televisions, which contains no such text. However, 

these organizations argued that any link allowed by 

the Rule should display the model’s estimated 

annual operating cost, to provide this important 

information even if consumers do not click on the 

link to the full label. 

31PG&E, Southern California Edison, and 

consolidated consumer and efficiency organizations 

comments. 

32Whirlpool noted that it already posts labels for 

its products online. 

33NEMA indicated that there was no consensus 

among its members on this proposal. 

34BSH Home Appliances echoed AHAM’s 

comments on these issues. 

35Recent AHRI comments in a separate 

proceeding involving furnace and air conditioner 

labels (77 FR 33337 (June 6, 2012)) argued that the 

two-year retention period conflicts with new ‘‘DOE 

guidance on discontinued models, which requires 

that basic models be removed from public Web sites 

once DOE is notified.’’ AHRI Comments # 560904– 

00008 (Aug. 6, 2012). http://www.ftc.gov/os/ 

comments/regionaldisclosurenprm/index.shtm. 

After consultation with DOE staff, the FTC staff has 

identified no such requirement in DOE’s 

certification rules. See 10 CFR 429.12(d). 

performance. These rules allow 

manufacturers to label their products 

with higher energy usage numbers (e.g., 

estimated annual energy cost) than test 

results for the product indicate. This 

approach should have no negative 

impact on consumers because these 

products may be more energy-efficient 

than their labels indicate. The 

Commission does not need to amend the 

Rule, which already directs 

manufacturers to derive their energy 

consumption figures using DOE testing 

protocols because DOE regulations 

specifically allow this practice. 

Lastly, the FTC will continue to allow 

manufacturers to submit data through 

certification bodies or other entities 

(e.g., testing laboratories) acting on their 

behalf. This approach is consistent with 

DOE requirements.26 The record 

identifies no reason to change this 

practice. 

B. Web Site and Paper Catalog 

Disclosures 

Background: In the NPRM, the 

Commission proposed several 

amendments to enhance the energy 

information available to consumers in 

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

sites selling covered products),27

consistent with the Commission’s 

recently issued requirements for 

television labels.28 First, the 

Commission proposed to require retail 

Web sites to post the full EnergyGuide 

or Lighting Facts label online. The 

current Rule requires online retailers to 

post the label content, but not the label 

image. Under the proposal, Web sites 

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

full label. The proposed amendments 

specified the format and placement for 

the required information (e.g., label or 

icon). Second, to ensure that retail Web 

sites have access to the label, the NPRM 

proposed to require manufacturers to 

post their EnergyGuide and Lighting 

Facts labels online and to retain the 

label online for two years after 

discontinuing a model. Finally, for 

paper catalogs, the Commission 

proposed to continue allowing retailers 

to use an abbreviated text disclosure in 

lieu of the full label, due to space and 

cost constraints. 

Comments: Most comments generally 

supported the proposed requirements 

directing online retailers to post 

EnergyGuide and Lighting Facts labels. 

However, several raised concerns with 

particular details, including the use of 

Web site hyperlinks. Comments 

contained mixed support for the 

proposed requirement that 

manufacturers make their labels 

available online, and some commenters 

urged the Commission to reduce the 

proposed two-year retention period to 

six months. 

Online Retailer Duty to Post Labels: 

Commenters generally expressed 

support for, or did not oppose, the 

revised Web site requirements for 

retailers, which conform to recently 

issued rules for television labels. For 

example, the consolidated comments 

from consumer and efficiency 

organizations note that such changes are 

important ‘‘to ensure that the Rule 

remains useful as consumer purchasing 

and consumer research increasingly 

migrate online.’’ 

However, several comments opposed 

the Commission’s proposal to allow 

online retailers to use a hyperlink icon 

from the product page to link consumers 

to the required label.29 These 

commenters argued that the label must 

appear on the product page itself.30 In 

their opinion, consumers may not 

realize the icon is a link, or understand 

where the link leads, or may simply find 

the link inconvenient.31 In addition, 

they suggested that consumers may 

decide not to view the label at all if the 

Web site requires them to download a 

PDF or other file to their computer. 

Given the limited time that consumers 

review Web site information, the 

consolidated efficiency and energy 

group comments explained that the 

online label must be ‘‘conspicuous, 

easily accessible, and an intrinsic part of 

the description of the product in order 

for it to be useful to and used by 

consumers.’’ They suggested that 

retailers could minimize the Web page 

space consumed by labels with a hover 

or ‘‘mouseover’’ feature, which would 

allow consumers to view labels without 

clicking an icon. 

In contrast, Whirlpool argued that the 

inclusion of the full label itself ‘‘would 

dramatically alter the ability of 

manufacturers (or retailers) to display 

product photos and descriptive 

information’’ on product pages. In 

addition, Whirlpool asserted that such 

an approach would significantly reduce 

the ‘‘readability and usability of these 

pages.’’ 

Manufacturer Duty to Post Labels: The 

comments contained mixed views on 

the proposal requiring manufacturers to 

post labels online. Consumer and 

efficiency groups supported the 

proposed changes; appliance 

manufacturers did not oppose them but 

recommended modifications; and 

heating and cooling equipment 

manufacturers criticized them. 

Consumer and efficiency groups 

urged adoption of the proposed 

provision, noting that it will allow 

retailers to download labels and repost 

them on their own Web sites. In their 

view, the requirement will allow 

consumers to view labels missing from 

retailer sites and otherwise make it 

easier to locate product efficiency 

information. 

Appliance manufacturers 32 did not 

oppose the proposal but raised concerns 

about having to continue to post labels 

two years after discontinuing a model’s 

production.33 AHAM stated that the 

proposed timeframe is ‘‘far too long and 

burdensome for manufacturers’’ and 

fails to provide ‘‘corresponding 

benefit.’’ 34 It explained that the twoyear period would raise significant 

complications when the Commission 

requires changes to the label content 

(e.g., through range or cost updates), 

necessitating label changes for models 

that are no longer in production. To 

avoid such problems, it suggested a sixmonth retention period. AHAM also 

asked the Commission to clarify 

whether the online label disclosure 

would apply to products no longer in 

production when the proposed rule 

becomes effective.35


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36 Generally, a private labeler purchases products 

from a manufacturer and markets those products 

under its own brand name. EPCA defines a private 

labeler as an entity, other than the product 

manufacturer, that owns a product brand or 

trademark other than the product manufacturer. 42 

U.S.C. 6291(15). 

37NEMA indicated that no consensus existed 

among its members on the issue of online 

disclosures and provided no details regarding the 

merits of the proposal. 

38 72 FR 49948, 49961 (Aug. 29, 2007). 39 76 FR 1038. 40Nothing in the final rule prohibits online 

retailers from using a ‘‘mouseover’’ or hover feature 

to allow consumers to magnify label images placed 

directly on the product page. 

41Web site sellers should not use language 

implying that 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. 

Such language would probably be deceptive under 

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

42 77 FR at 15301. 

43Similarly, the amendments require that Web 

site disclosures for required non-label markings or 

text (e.g., gallons per minute for showerheads and 

faucets) be displayed clearly and conspicuously, 

and in close proximity to the product’s price on the 

Web page. Because the Rule does not require a 

specific product label for these short and simple 

disclosures, the amendments do not impose any 

design or font size requirements for these 

disclosures on Web site, other than that they be 

clear and conspicuous. 

Finally, heating and cooling 

equipment manufacturers opposed the 

proposal. A.O. Smith, a water heater 

manufacturer, argued that the proposed 

requirement will force manufacturers to 

expend considerable time and resources 

for a service that the majority of retailers 

will not use. In AHRI’s view, under the 

current rule, manufacturers already 

provide adequate product information 

to retail catalog sellers. In addition, 

AHRI argued that the proposed 

requirement will create a burdensome 

and complicated process for companies 

that sell private-labeled products 

procured from other manufacturers.36

Smith also noted that manufacturers 

generally do not maintain a Web site for 

models they sell to private labelers. It 

further explained that merchants, to 

save time and avoid errors, generally 

rely on direct communication with 

manufacturers to obtain product 

information. 

Paper Catalogs: Finally, Whirlpool 

concurred with continuation of the 

current practice of allowing abbreviated 

text disclosure in printed catalogs. No 

commenters opposed this proposal.37

Discussion: The Commission amends 

the Rule’s catalog requirements as 

proposed, with a few minor changes 

discussed below. Generally, the 

amendments require Web site sellers to 

display the full EnergyGuide or Lighting 

Facts labels on the product page or 

through a hyperlink from that page, 

establish specific Web site format 

requirements, and require 

manufacturers to post labels for their 

products on a publicly available Web 

site. These revised Web site 

requirements should make it easier for 

consumers to compare the energy 

performance of products as they shop 

and research products online. The 

changes also will provide a clear, 

consistent process that manufacturers 

and retailers must follow to deliver 

energy information to online consumers. 

The final rule requires manufacturers to 

continue posting their labels online for 

six months after discontinuing 

production of the model, instead of the 

proposed two-year period. Finally, 

manufacturers will have six months to 

comply with these new requirements, 

and online retailers will have one year. 

The amendments do not change 

requirements for paper catalogs. 

Retail Web sites: The final 

amendments require Web sites selling 

products with the EnergyGuide or 

Lighting Facts label to display the full 

label either on the product page or 

through a hyperlink. These provisions 

mark a departure from the current 

online requirements, which allow 

abbreviated, text-only energy 

disclosures. The Commission allowed 

these short disclosures in the past due 

to space constraints and the costs 

associated with printing the full label in 

paper catalogs.38 However, during the 

television labeling rulemaking, the 

Commission determined that 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 full label.39

The Commission does not agree with 

commenters that the full label must 

appear on the product page with no 

option to provide a hyperlink. 

Depending on the design of the Web 

site, a full label could crowd and clutter 

product pages, reducing the space 

available to display photos and other 

information. Although, as suggested by 

comments, a hover or ‘‘mouseover’’ 

feature (presumably coupled with a 

small, thumbnail label image) could 

mitigate such problems, the record does 

not demonstrate that a thumbnail-sized 

label would be more effective than the 

icon link, a common Web site feature 

familiar to consumers.40 Both 

approaches require consumers to direct 

their mouse to a specific location. 

However, the Commission agrees with 

commenters that retail Web sites should 

not require consumers to save files in 

order to view the labels. Accordingly, 

the final rule language specifically 

prohibits this practice. 

The final amendments require Web 

site sellers either to place the full label 

on the product’s detailed description 

page or, to minimize design impact on 

their sites, to use a small EnergyGuide 

or Lighting Facts logo icon provided by 

FTC, which will link to the full label. 

The amendments allow Web sites to 

scale the icon (as well as the label) 

appropriately to accommodate their 

layout, as long the labels and icons 

remain readable and recognizable. The 

new icon applies to all products subject 

to the EnergyGuide or Lighting Facts 

requirements, including televisions. As 

proposed, the required icon in the final 

amendments integrates the text ‘‘Click 

for this product’s energy information’’ 

into the icon design. This design, which 

differs slightly from the current 

television icon, should reduce the 

likelihood that consumers will view the 

icon as an endorsement or general claim 

about a product’s environmental 

quality, rather than as an energy cost 

disclosure.41

Under the amendments, online sellers 

have some flexibility in how they 

display the label. For example, they may 

use a thumbnail image as long as 

consumers can recognize the image and 

read it using a hover, ‘‘mouseover,’’ or 

similar feature that magnifies the label. 

For general service lamps, online sellers 

may post an image of the manufacturer’s 

package bearing the Lighting Facts label, 

as long as consumers can read the label 

by, for example, magnifying the package 

image to read the label using a 

mouseover or similar feature. In 

addition, online sellers 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. 

The final amendments also provide 

specifications regarding the format and 

placement of the required information 

on Web sites. Consistent with the 

NPRM,42 the final rule requires that the 

label or icon appear ‘‘clearly and 

conspicuously and in close proximity to 

the covered product’s price.’’ 43 This 

requirement, incorporated into the new 

television label provisions, should 

ensure that consumers can easily view 

the label or icon without excessive 

scrolling or clicking, and still provide 

flexibility to Web site designers. The 

label or icon need only 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. 

The Commission does not agree with 


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44The amendments also include language 

conforming to the Rule’s prohibited acts section 

(305.4) indicating that a manufacturer’s failure to 

post labels online is subject to civil penalties. See 

42 U.S.C. 6296(a), 6302(a)(4). The new requirements 

stem from EPCA’s mandate, in the statute’s catalogrelated provision, that manufacturers ‘‘provide’’ a 

label and from the Commission’s general authority 

to dictate the manner in which labels are displayed. 

42 U.S.C. 6294(c)(3) & 6296(a). 

45 76 FR 1038. 46The six-month period is also consistent with 

EPCA’s provisions directing manufacturers to 

change labels and other energy representations 180 

days after DOE amends its test procedures for 

specific products. 42 U.S.C. 6293(c). 

47As specified in section 305.6, the final rule 

does not apply to models discontinued prior to the 

effective date. 

48EPCA states that ‘‘Each manufacturer of a 

covered product to which a rule under section 6294 

of this title applies shall provide a label which 

meets, and is displayed in accordance with, the 

requirements of such rule.’’ 42 U.S.C. 6296(a). The 

definition of ‘‘manufacturer’’ under EPCA includes 

importer. 42 U.S.C. 6291(10)–(12). 

49 DOE follows a similar approach to its 

certification requirements by allowing 

manufacturers to arrange with third parties, 

including private labelers, to display product labels 

on Web sites. See 76 FR 12422, 12427 (Mar. 7, 

2011). In addition, though FTC reporting 

requirements apply solely to manufacturers, the 

FTC accepts submissions through third parties. See 

16 CFR 305.8. 

50See 16 CFR 305.4(a). 

51A.O. Smith also argued that many retailers do 

not use manufacturer Web sites to obtain labels. 

Nothing in the final rule prohibits manufacturers 

from also providing labels to their retail partners 

through means other than the Web site. 

Nevertheless, the requirement will ensure that 

labels are available online for those that do use 

manufacturer Web sites. 

52Consistent with the NPRM, the 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 (e.g., 10.65 cents 

per kWh, 8 cycles per week) 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. In addition, the final rule language 

covers heating and cooling equipment disclosures, 

text inadvertently omitted from the proposed 

language. 

53 75 FR 78810. 

54The consolidated comments from consumer 

and energy organizations also supported the 

proposal. 

55 See 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 and manufacturer responsibilities). 

56 In contrast, the current rule specifies the basis 

for labeling violations. Specifically, consistent with 

EPCA (42 U.S.C. 6303(a)), section 305.4(a) states 

that labeling violations are assessed on a per-unit 

basis. 

comments suggesting the hyperlink icon 

should disclose the model’s specific 

estimated energy cost. It is not clear 

whether any benefits associated with 

such a disclosure would justify the 

significant burden this requirement 

would impose on retailers. 

Manufacturer Duty to Post Labels: The 

amendments require manufacturers to 

make images of their EnergyGuide and 

Lighting Facts labels available on a Web 

site for linking and downloading by 

both paper catalogs and Web sites.44 As 

discussed in the NPRM and the 

comments, this requirement will assist 

retailers in complying with the Rule and 

help ensure consumers can view the 

labels when they are shopping online. 

In particular, it will provide retail 

sellers with easy access to the labels for 

the products they offer for sale, even if 

they do not handle the labeled products 

directly. It will also eliminate the need 

for these retailers to affirmatively 

request labels from various 

manufacturers for each individual 

product sold on their Web sites and 

catalogs. The Commission does not 

expect that the amendments, which are 

consistent with current television label 

rules,45 will impose undue burden 

because industry members have already 

created labels under Rule and should 

have them readily available for posting 

on Web sites. 

Under the final rule, the labels must 

remain available online for six months 

after the manufacturer ceases to produce 

the model, instead of two years as 

proposed in the NPRM. The 

Commission agrees with commenters 

that the proposed two-year period could 

create a significant burden for 

manufacturers unmatched by the 

potential benefits for online retailers 

and ultimately, consumers. Specifically, 

given periodic FTC-required label 

updates, the two-year retention period 

could force manufacturers to revise 

labels for obsolete products.46 At the 

same time, there is no clear evidence 

that online retailers have a strong need 

for labels from models discontinued for 

six months or more. Should the sixmonth period prove to be insufficient to 

provide needed labels to retailers in the 

future, the Commission may revisit the 

issue.47

The new posting requirement applies 

to manufacturers, not private labelers.48

Manufacturers must ensure that the 

labels are available on a publicly 

accessible site. However, nothing 

prohibits manufacturers from arranging 

with private labelers to post the labels 

on the private labelers’ Web sites.49 The 

Rule does not mandate that 

manufacturers post labels for the 

products they produce on their own 

sites. Other labeling responsibilities 

under the Rule have applied to both 

manufacturers and their private labelers 

for decades.50 Accordingly, the 

Commission does not expect that this 

new online label disclosure requirement 

should unduly complicate coordination 

between manufacturers and private 

labelers.51

Compliance Period: Consistent with 

the recent television labeling 

requirements, the final rule staggers the 

compliance dates for these new 

requirements. Specifically, 

manufacturers must make their labels 

available online by July 15, 2013. In 

turn, online retailers must begin 

displaying labels for the covered 

products they sell by January 15, 2014. 

These compliance dates should provide 

industry members adequate time to 

comply with the new requirements. 

Paper Catalogs: Finally, for paper 

catalogs, the Rule continues 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.52 No comments 

opposed this approach. 

C. Definitions of Refrigerator and 

Refrigerator-Freezer 

The Commission amends the Rule’s 

refrigerator definitions to match DOE 

regulations. On December 16, 2010,53

DOE issued revised definitions for the 

terms ‘‘electric refrigerator’’ and 

‘‘electric refrigerator-freezer.’’ In the 

NPRM, the Commission proposed to 

conform its own definitions for these 

terms to ensure consistency. No 

comments opposed the proposal. 

AHAM and BSH supported the changes, 

explaining that they would provide 

consistency and clarity for regulated 

parties and consumers.54

D. Prohibited Acts Provision 

Consistent with the NPRM, the final 

rule clarifies the penalty assessments for 

several non-labeling violations listed in 

section 305.4(b). These violations 

include 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, failure to disclose 

required energy information in Web 

sites and paper catalogs, and failure of 

manufacturers to make labels available 

online.55 The current Rule does not 

specify the method (e.g., per day) for 

assessing penalties for these nonlabeling violations.56 The amendments 

clarify that these violations are subject 

to civil penalties calculated on a permodel, per-day basis. The per-model, 

per-day basis is consistent with EPCA’s 

enforcement provisions as well as DOE 

enforcement guidance for the same and 


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57See 42 U.S.C. 6302, 6303; 16 CFR 305.4(a); and 

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_lfinal_%282%29.pdf. 

58The consolidated consumer and efficiency 

organizations comments specifically supported the 

proposal, noting that any other interpretation would 

lead to absurd results. 

59 77 FR 15303. 

60The Federal Register notice accompanying the 

television labeling amendments to the Rule stated 

that televisions smaller than nine inches may be 

labeled on the box rather than on the screen. 

However, the final rule language did not reflect this. 

See 76 FR at 1044. 

61Though the Commission did not seek comment 

on these minor changes to Appendix E and the 

ENERGY STAR-related language, these 

amendments involve minor, technical corrections to 

the background information in the Rule. 

Accordingly, the Commission finds good cause that 

public comment for these technical, procedural 

amendments is impractical and unnecessary (5 

U.S.C. 553(b)(A)(B) and (d)). 

62The Commission proposed this amendment in 

an August 1, 2011 notice related to light bulb 

labeling (76 FR 45715). No comments opposed the 

change. 

63 44 U.S.C. 3501 et seq. 

64For 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. 

65This is an FTC staff estimate based on data 

submitted by manufacturers to the FTC pursuant to 

the current Rule. 

66This estimate is based on FTC staff’s general 

knowledge of industry practices. 

67Unlike 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). 

68 See U.S. Department of Labor, ‘‘Occupational 

Employment and Wages—May 2011’’, issued March 

27, 2012, Table 1 at p.13 (mean hourly wages), 

available at http://www.bls.gov/news.release/ 

archives/ocwage_03272012.pdf. 

69This 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. 

70 5 U.S.C. 603–605. 

similar provisions.57 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. No 

comments opposed the proposal.58

E. Rule Title 

As proposed in the NPRM, the 

Commission shortens the Rule’s title. 

When originally promulgated in 1979, 

the Rule applied only to appliances. 

Subsequently, the Commission 

expanded the Rule to include lighting, 

plumbing, and consumer electronics. 

Accordingly, the Commission proposed 

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’’).’’ No 

comments opposed this proposal. 

F. ENERGY STAR Logo on Heating and 

Cooling Equipment Labels 

As proposed in the NPRM, the final 

amendments to § 305.12 allow a wider 

version of the ENERGY STAR logo on 

heating and cooling equipment. This 

minor, non-substantive change 

accommodates new ENERGY STAR 

logos developed by the Environmental 

Protection Agency for these products. 

No comments opposed this proposal. 

G. Technical Corrections and 

Clarifications 

The final amendments also contain 

four minor, technical corrections or 

clarifications for television labeling, rule 

language regarding room air conditioner 

capacity, terminology related to the 

ENERGY STAR program, and three-way 

bulb labeling. First, as noted in the 

NPRM,59 the amendments clarify that 

manufacturers of televisions with screen 

sizes of nine inches or less (measured 

diagonally) may print or affix the 

EnergyGuide label on the product 

package.60 Second, the amendments 

correct the room air conditioner range 

table in Appendix E to indicate that the 

applicable room air conditioner capacity 

for labeling purposes is ‘‘Btu per hour,’’ 

not ‘‘Btu per year.’’ Third, in rule 

sections related to the ENERGY STAR 

program, the final rule changes the term 

‘‘qualified’’ to ‘‘certified’’ to reflect the 

terminology currently employed by the 

ENERGY STAR program.61 Fourth, the 

amendments change the Rule language 

for labeling bulbs that operate at 

multiple, separate light levels (e.g., ‘‘3- 

way’’ bulbs) to clarify that such 

language applies to all covered bulb 

technologies. Currently, the Rule’s 

language addressing such bulbs applies 

only to incandescent bulbs.62

IV. Paperwork Reduction Act 

The Rule contains recordkeeping, 

disclosure, testing, and reporting 

requirements that constitute 

‘‘information collection requirements’’ 

as defined by 5 CFR 1320.3(c), the 

definitional provision within the Office 

of Management and Budget (OMB) 

regulations that implement the 

Paperwork Reduction Act (PRA).63 Prior 

to the FTC’s March 15, 2012 NPRM, 

OMB had approved the Rule’s preexisting information collection 

requirements through Jan. 31, 2014 

(OMB Control No. 3084–0069). As 

described below, the final amendments 

modify (to a minor degree) the Rule’s 

labeling and reporting requirements.64

Accordingly, the Commission is seeking 

OMB clearance specific to the Rule 

amendments. 

Manufacturer EnergyGuide Images 

Online: The amendments require 

manufacturers to post images of their 

EnergyGuide and Lighting Facts labels 

online. Given approximately 15,000 

total models 65 at an estimated five 

minutes per model,66 this requirement 

will entail a burden of 1,250 hours.67

Assuming graphic designers at a mean 

hourly wage of $23.41 per hour will 

implement the additional disclosure 

requirement,68 the associated labor cost 

would be approximately $29,300 per 

year. 

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)).69 The one-time 

adjustment under the amendments has 

effectively been accounted for by this 

prior assumption and the associated 

burden estimates for catalog sellers. 

Thus, 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. 

V. 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, unless the 

Commission certifies that the Rule will 

not have a significant economic impact 

on a substantial number of small 

entities.70

The Commission does not anticipate 

that the final amendments will have a 

significant economic impact on a 

substantial number of small entities. 

The Commission recognizes that many 

affected entities may qualify as small 

businesses under the relevant 

thresholds. The Commission does not 

expect, however, that the economic 


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impact of implementing the 

amendments will be significant. The 

Commission plans to provide businesses 

with ample time to implement the 

requirements. In addition, the 

Commission does not expect that the 

requirements specified in the final 

amendments will have a significant 

impact on affected entities. 

Although the Commission certified 

under the RFA that the amendments 

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 FRFA in order to explain the 

impact of the amendments on small 

entities as follows: 

A. Description of the Reasons That 

Action by the Agency Is Being Taken 

The Commission 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. Issues Raised by Comments in 

Response to the IRFA 

The Commission did not receive any 

comments specifically related to the 

impact of the final amendments on 

small businesses. Comments that 

involve impacts on all entities are 

discussed above. 

C. Estimate of Number of Small Entities 

to Which the Amendments 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. 

D. Projected Reporting, Recordkeeping, 

and Other Compliance Requirements 

The Commission recognizes that the 

proposed changes will involve some 

burdens on affected entities. However, 

the amendments should not have a 

significant impact on small entities. 

Online sellers would have to make 

changes to ensure their Web sites 

provide the full EnergyGuide or 

Lighting Facts label. However, the 

Commission has provided them with 

ample time to incorporate the changes 

into their normal Web site updates. 

There should be minimal capital costs 

associated with the amendments. As 

estimated above, the proposed Rule 

imposes new requirements on fewer 

than 600 small businesses. The changes 

are likely to be made by graphic 

designers. 

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. Description of Steps Taken To 

Minimize Significant Economic Impact, 

If Any, on Small Entities, Including 

Alternatives 

The Commission sought comment and 

information on the need, if any, for 

alternative compliance methods that 

would reduce the economic impact of 

the Rule on such small entities. In 

particular, the Commission sought 

comments on whether it should delay 

the Rule’s effective date to provide 

additional time for small business 

compliance and whether to reduce the 

amount of information catalog sellers 

must provide. The Commission did not 

receive any comments on those specific 

issues. However, to minimize the 

impacts on manufacturers and retailers 

in posting the required labels, the 

Commission has set the effective date 

for the new catalog requirements at 

January 15, 2014. 

Final Rule 

List of Subjects in 16 CFR part 305 

Advertising, Energy conservation, 

Household appliances, Incorporation by 

reference, Labeling, Reporting and 

recordkeeping requirements. 

For the reasons discussed above, the 

Commission amends part 305 of title 16, 

Code of Federal Regulations, as follows: 

PART 305—ENERGY AND WATER USE 

LABELING FOR CONSUMER 

PRODUCTS UNDER THE ENERGY 

POLICY AND CONSERVATION ACT 

(‘‘ENERGY LABELING RULE’’) 

■ 1. The authority citation for part 305 

continues to read as follows: 

Authority: 42 U.S.C. 6294. 

■ 2. Revise the heading of part 305 to 

read as set forth above. 

■ 3. In § 305.3, revise paragraphs (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 

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. 

* * * * * 

■ 4. In § 305.4, revise paragraph (b) 

introductory text and add paragraph 

(b)(6) 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: 

* * * * * 

(6) Fail to make a label for a covered 

product available on a publicly 

accessible Web site in accordance with 

§ 305.6. This provision applies only to 

manufacturers. 

* * * * * 

■ 5. Revise § 305.5 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 

testing and sampling provisions 

required by the Department of Energy as 

set forth in subpart B to 10 CFR part 

430, part 431, and 10 CFR 429.11. 


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(b) For any representations required 

by this part but not subject to 

Department of Energy 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. 

■ 6. Revise § 305.6 to read as follows: 

§ 305.6 Duty to provide labels on Web 

sites. 

For each covered product that a 

manufacturer distributes in commerce 

after July 15, 2013, 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 

label for each specific model must 

remain on the Web site for six months 

after production of that model ceases. 

■ 7. In § 305.8, revise paragraphs (a) and 

(b)(1) to read as follows: 

§ 305.8 Submission of data. 

(a)(1) Except as provided in 

paragraphs (a)(2) and (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 429 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 429 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 429.12. 

(2) Manufacturers of ceiling fans shall 

submit annually a report containing the 

brand name, model number, diameter 

(in inches), wattage at high speed 

excluding any lights, airflow (capacity) 

at high speed for each basic model in 

current production, and starting serial 

number, date code or other means of 

identifying the date of manufacture with 

the first submission for each basic 

model. 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 429.12. 

(3) This section does not require 

reports for televisions and general 

service light-emitting diode (LED or 

OLED) lamps. 

(b)(1) All data required by § 305.8(a) 

except serial numbers shall be 

submitted to the Commission annually, 

on or before the following dates: 

Product category 

Deadline 

for data 

submission 

Refrigerators .......................... Aug. 1. 

Refrigerators-freezers ........... Aug. 1. 

Freezers ................................ Aug. 1. 

Central air conditioners ......... July 1. 

Heat pumps ........................... July 1. 

Dishwashers .......................... June 1. 

Water heaters ........................ May 1. 

Room air conditioners ........... July 1. 

Furnaces ............................... May 1. 

Pool heaters .......................... May 1. 

Clothes washers .................... Oct. 1. 

Fluorescent lamp ballasts ..... Mar. 1. 

Showerheads ........................ Mar. 1. 

Faucets .................................. Mar. 1. 

Water closets ........................ Mar. 1. 

Ceiling fans ........................... Mar. 1. 

Urinals ................................... Mar. 1. 

Metal halide lamp fixtures ..... Sept. 1. 

General service fluorescent 

lamps.

Mar. 1. 

Medium base compact fluorescent lamps.Mar. 1. 

General service incandescent 

lamps.

Mar. 1. 

* * * * * 

■ 8. In § 305.11, revise paragraph 

(f)(12)(iii) to read as follows: 

§ 305.11 Labeling for refrigerators, 

refrigerator-freezers, freezers, dishwashers, 

clothes washers, water heaters, room air 

conditioners, and pool heaters. 

* * * * * 

(f) * * * 

(12) * * * 

(iii) The manufacturer or private 

labeler may include the ENERGY STAR 

logo on the bottom right corner of the 

label for certified products. The logo 

must be 1 inch by 1 inch in size. Only 

manufacturers that have signed a 

Memorandum of Understanding with 

the Department of Energy or the 

Environmental Protection Agency may 

add the ENERGY STAR logo to labels on 

certified covered products; such 

manufacturers may add the ENERGY 

STAR logo to labels only on those 

covered products that are contemplated 

by the Memorandum of Understanding. 

■ 9. In § 305.12, revise paragraphs 

(f)(8)(iii) and (g)(9)(iii) to read as 

follows: 

§ 305.12 Labeling for central air 

conditioners, heat pumps, and furnaces. 

* * * * * 

(f) * * * 

(8) * * * 

(iii) The manufacturer or private 

labeler may include the ENERGY STAR 

logo on the bottom right corner of the 

label for certified products. The logo 

must be 1 inch high and no greater than 

3 inches wide. Only manufacturers that 

have signed a Memorandum of 

Understanding with the Department of 


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Energy or the Environmental Protection 

Agency may add the ENERGY STAR 

logo to labels on certified covered 

products; such manufacturers may add 

the ENERGY STAR logo to labels only 

on those covered products that are 

contemplated by the Memorandum of 

Understanding. 

(g) * * * 

(9) * * * 

(iii) The manufacturer or private 

labeler may include the ENERGY STAR 

logo on the bottom right corner of the 

label for certified products. The logo 

must be 1 inch 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 certified covered 

products; such manufacturers may add 

the ENERGY STAR logo to labels only 

on those covered products that are 

contemplated by the Memorandum of 

Understanding. 

■ 10. In § 305.15, revise paragraphs 

(b)(3)(vi) and (d)(4) to read as follows: 

§ 305.15 Labeling for lighting products. 

* * * * * 

(b) * * * 

(3) * * * 

(vi) The ENERGY STAR logo as 

illustrated in Prototype Label 6 to 

appendix L for certified products, if 

desired by the manufacturer or private 

labeler. Only manufacturers or private 

labelers that have signed a 

Memorandum of Understanding with 

the Department of Energy or the 

Environmental Protection Agency may 

add the ENERGY STAR logo to labels on 

certified covered products; such 

manufacturers or private labelers may 

add the ENERGY STAR logo to labels 

only on those products that are covered 

by the Memorandum of Understanding; 

* * * * * 

(d) * * * 

(4) For any covered product that is a 

general service lamp and operates at 

discrete, multiple light levels (e.g., 800, 

1600, and 2500 lumens), the light 

output, energy cost, and wattage 

disclosures required by this section 

must be provided at each of the lamp’s 

levels of light output and the lamp’s life 

provided on the basis of the shortest 

lived operating mode. The multiple 

numbers shall be separated by a ‘‘/’’ 

(e.g., 800/1600/2500 lumens) if they 

appear on the same line on the label. 

* * * * * 

■ 11. In § 305.17, revise paragraph (d) 

introductory text and paragraphs (e)(1) 

and (g), and add paragraph (h) 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. 

* * * * * 

(g) Distribution of Labels: Consistent 

with section 305.6 of this part, for each 

covered television that a manufacturer 

distributes in commerce which is 

required by this part to bear an 

EnergyGuide 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 

label for each specific model must 

remain on the Web site for six months 

after production of the model ceases. 

(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. Revise § 305.20 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, a recognizable and legible image 

of the label required for that product by 

this Part. The Web site may hyperlink 

to the image of the label using the 

sample EnergyGuide and Lighting Facts 

icons depicted in appendix L. The Web 

site must hyperlink the image in a way 

that does not require consumers to save 

the hyperlinked image in order to view 

it. 

(ii) Products not required to bear 

EnergyGuide or Lighting Facts labels. 

All Web sites advertising covered 

showerheads, faucets, water closets, 

urinals, general service fluorescent 

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 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 ll 


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cents per kWh. 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 [electricity, natural gas, 

propane, or oil] cost of [$ ll per kWh, 

therm, or gallon]. For more information, 

visit www.ftc.gov/energy.’’ 

(C) Clothes washers and dishwashers. 

The capacity of the model for clothes 

washers determined in accordance with 

§ 305.7 and the estimated annual 

operating cost for clothes washers and 

dishwashers 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 l cents per kWh for electricity and 

$l 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, 

for general service lamps, 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.’’ 

(G) Central air conditioners, heat 

pumps, and furnaces (including boilers), 

and pool heaters. The capacity of the 

model determined in accordance with 

§ 305.7 and the energy efficiency or 

thermal efficiency ratings determined in 

accordance with § 305.5 on each page 

that lists the covered product. 

(ii) Products not required to bear 

EnergyGuide or Lighting Facts labels. 

All paper catalogs 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)(ii). 

(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. 

Appendix E to Part 305 [Amended] 

■ 13. In Appendix E, revise the column 

heading ‘‘Manufacturer’s rated cooling 

capacity in Btu’s/yr’’ in the teable to 

read ‘‘Manufacturer’s rated cooling 

capacity in Btu’s/hr.’’ 

Appendix L to Part 305 [Amended] 

■ 14. In Appendix L, remove ‘‘Sample 

Icon 13 Web site Link Icon’’ and add in 

its place ‘‘Sample EnergyGuide Icon For 

Use on Web sites’’ and ‘‘Sample 

Lighting Facts Icon For Use on Web 

sites’’ to read as follows: 

Appendix L to Part 305—Sample Labels 

* * * * * 

SAMPLE ENERGYGUIDE ICON FOR USE ON 

WEB SITES 

SAMPLE LIGHTING FACTS ICON FOR USE 

ON WEBSITES 

* * * * * 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2013–00116 Filed 1–9–13; 8:45 am] 

BILLING CODE 6750–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 49 and 51 

[EPA–HQ–OAR–2003–0076; FRL–9767–8] 

RIN 2060–AH37 

Review of New Sources and 

Modifications in Indian Country: Notice 

of Action Partially Granting Petition for 

Reconsideration and Denying Request 

for Administrative Stay 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of action partially 

granting petition for reconsideration and 

denying request for administrative stay. 

SUMMARY: The EPA is providing notice 

that it has responded to a petition for 

reconsideration and a request for an 

administrative stay of certain provisions 

of the rule titled, ‘‘Review of New 

Sources and Modifications in Indian 

Country’’ published on July 1, 2011. The 

EPA received letters dated August 30, 

2011, and November 4, 2011, 

petitioning for reconsideration of 

various aspects of the minor new source 

review (NSR) rule (the Petitions) and 

one provision of the nonattainment 

major NSR rule pursuant to the Clean 

Air Act (CAA) from the American 

Petroleum Institute (API), the 

Independent Petroleum Association of 

America (IPAA) and America’s Natural 

Gas Alliance (ANGA) (collectively, the 

Petitioners). In the letter dated August 

30, 2011, the Petitioners asked, among 

other things, that the EPA reconsider the 

synthetic minor source provisions of the 

minor NSR rule and requested that the 

EPA stay the effective date of the minor 

NSR rule as it relates to synthetic minor 

sources pending its reconsideration. In 


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