[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Rules and Regulations]
[Pages 7267-7274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02036]


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FEDERAL TRADE COMMISSION

16 CFR Part 305

RIN 3084-AB15


Energy Labeling Rule

AGENCY: Federal Trade Commission.

ACTION: Final rule.

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SUMMARY: The Federal Trade Commission (``Commission'') amends its 
Energy Labeling Rule (``Rule'') by publishing new ranges of 
comparability for required EnergyGuide labels on televisions.

DATES: The amendments are effective May 2, 2024.

ADDRESSES: Relevant portions of the record of this proceeding, 
including this document, are available at https://www.ftc.gov.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326-2889, or 
Hong Park, (202) 326-2158, Attorneys, Division of Enforcement, Bureau 
of Consumer Protection, Federal Trade Commission, Room CC-6316, 600 
Pennsylvania Avenue NW, Washington, DC 20580.

SUPPLEMENTARY INFORMATION:

I. Background

    The Commission issued the Energy Labeling Rule in 1979 pursuant to 
the Energy Policy and Conservation Act of

[[Page 7268]]

1975 (``EPCA'').\1\ The Rule covers several categories of major 
household products, including televisions. It requires manufacturers of 
covered products to disclose specific energy consumption or efficiency 
information (derived from Department of Energy (``DOE'') test 
procedures) at the point of sale. In addition, each label must include 
a ``range of comparability'' indicating the highest and lowest energy 
consumption or efficiencies for comparable models. The Commission 
updates these ranges periodically.
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    \1\ 42 U.S.C. 6294; 44 FR 66466 (Nov. 19, 1979). EPCA also 
requires the Department of Energy (``DOE'') to set minimum 
efficiency standards and develop test procedures to measure energy 
use.
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II. Range Updates for Televisions

    The Commission amends its television ranges in 16 CFR 305.25(f)(5) 
based on test data generated from DOE's revised test procedure. In a 
rule document published in October 2022 issuing range updates for other 
covered products, the Commission postponed television range updates 
until DOE finalized a new test procedure for those products.\2\ The 
document stated the FTC would publish updated ranges after data derived 
from the upcoming test procedure became available. DOE has issued a 
final test update, and new data is now available.\3\ Accordingly, this 
publication contains the updates to the television ranges, along with 
related sample labels. In addition, these amendments update the cost 
figure on the television label to 16 cents per kWh based on the most 
recent national electricity cost information published by DOE.\4\ 
Manufacturers should begin using the new ranges on labels for newly-
produced units no later than May 2, 2024.
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    \2\ 87 FR 61465 (Oct. 12, 2022); see 87 FR 11892 (Mar. 2, 2022) 
(DOE NPRM).
    \3\ 88 FR 16082 (Mar. 15, 2023) (DOE Final Rule).
    \4\ 88 FR 58575 (Aug. 28, 2023) (cost figure rounded consistent 
with 16 CFR 305, Appendices K1 and K2).
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III. Regulatory Flexibility Act

    The provisions of the Regulatory Flexibility Act relating to a 
Regulatory Flexibility Act analysis \5\ are not applicable to this 
proceeding because the amendments do not impose any new obligations on 
entities regulated by the Energy Labeling Rule. These technical 
amendments merely provide a routine change to the range and cost 
information already required on EnergyGuide labels. The Commission has 
concluded, therefore, that a regulatory flexibility analysis is not 
necessary, and certifies, under Section 605 of the Regulatory 
Flexibility Act, that the amendments announced today will not have a 
significant economic impact on a substantial number of small 
entities.\6\
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    \5\ See 5 U.S.C. 603-604.
    \6\ 5 U.S.C. 605.
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IV. Paperwork Reduction Act

    The current Rule contains recordkeeping, disclosure, testing, and 
reporting requirements that constitute information collection 
requirements as defined by 5 CFR 1320.3(c), the definitional provision 
within the Office of Management and Budget (``OMB'') regulations that 
implement the Paperwork Reduction Act (``PRA''). OMB has approved the 
Rule's existing information collection requirements through February 
29, 2024 (OMB Control No. 3084-0069). The amendments now being adopted 
do not change the substance or frequency of the recordkeeping, 
disclosure, or reporting requirements and, therefore, do not require 
further OMB clearance.

V. Other Matters

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the OMB's Office of Information and Regulatory Affairs designated this 
rule as not a ``major rule,'' as defined by 5 U.S.C. 804(2).

List of Subjects in 16 CFR Part 305

    Advertising, Energy conservation, Household appliances, Labeling, 
Reporting and recordkeeping requirements.

    Accordingly, 16 CFR part 305 is amended as follows:

PART 305--ENERGY AND WATER USE LABELING FOR CONSUMER PRODUCTS UNDER 
THE ENERGY POLICY AND CONSERVATION ACT (``ENERGY LABELING RULE'')

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

    Authority:  42 U.S.C. 6294.

0
2. In Sec.  305.25, revise paragraphs (f)(4) and (5) to read as 
follows:


Sec.  305.25   Television labeling.

* * * * *
    (f) * * *
    (4) Estimated annual energy costs determined in accordance with 
this part, and based on a usage rate of 5 hours in on mode and 19 hours 
in standby (sleep) mode per day, and an electricity cost rate of 16 
cents per kWh.
    (5) The applicable ranges of comparability for estimated annual 
energy costs based on the labeled product's diagonal screen size, 
according to the following table:

                       Table 1 to Paragraph (f)(5)
------------------------------------------------------------------------
                                        Annual energy cost ranges for
                                                 televisions
      Screen size  (diagonal)      -------------------------------------
                                           Low                High
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16-20'' (16.0 to 20.49'').........                 $7                 $7
21-23'' (20.5 to 23.49'').........                (*)                (*)
24-29'' (23.5 to 29.49'').........                  5                 15
30-34'' (29.5 to 34.49'').........                  8                 30
35-39'' (34.5 to 39.49'').........                 19                 20
40-44'' (39.5 to 44.49'').........                 13                 51
45-49'' (44.5 to 49.49'').........                 40                 40
50-54'' (49.5 to 54.49'').........                 22                 51
55-59'' (54.5 to 59.49'').........                 24                 69
60-64'' (59.5 to 64.49'').........                 29                113
65-69'' (64.5 to 69.49'').........                 27                110
69.5'' or greater.................                 32                155
------------------------------------------------------------------------
* No data.


[[Page 7269]]

* * * * *

0
3. In Sec.  305.27, revise paragraph (b)(1)(i)(F) to read as follows:


 Sec.  305.27  Paper catalogs and websites.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (F) Televisions. The estimated annual operating cost determined in 
accordance with this part, and a disclosure stating ``Your energy cost 
depends on your utility rates and use. The estimated cost is based on 
16 cents per kWh and 5 hours of use per day. For more information, 
visit www.ftc.gov/energy.''
* * * * *

0
4. Revise Prototype Labels 8, 9, and 10 and Sample Labels 14, 15, and 
16 in Appendix L to read as follows:
BILLING CODE 6750-01-P

Appendix L to Part 305--Sample Labels

* * * * *
[GRAPHIC] [TIFF OMITTED] TR02FE24.000

Prototype Label 8, Triangular Television Label

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[GRAPHIC] [TIFF OMITTED] TR02FE24.001

Prototype Label 9, Horizontal Rectangular Television Label

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[GRAPHIC] [TIFF OMITTED] TR02FE24.002

Prototype Label 10, Vertical Rectangular Television Label

* * * * *

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[GRAPHIC] [TIFF OMITTED] TR02FE24.003

Sample Label 14, Triangular Television Labels

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[GRAPHIC] [TIFF OMITTED] TR02FE24.004

Sample Label 15, Vertical Television Labels

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[GRAPHIC] [TIFF OMITTED] TR02FE24.005

Sample Label 16, Horizontal Television Labels

* * * * *

    By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2024-02036 Filed 2-1-24; 8:45 am]
BILLING CODE 6750-01-C