Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules 29533 

1 44 FR 66466 (Nov. 19, 1979). 

2 42 U.S.C. 6294. EPCA also requires the 

Department of Energy (‘‘DOE’’) to develop test 

procedures that measure how much energy 

appliances use, and to determine the representative 

average cost a consumer pays for different types of 

energy. 

3 16 CFR 305.10. 

4 In 2017, DOE announced changes to the rating 

methods and associated efficiency descriptors for 

central air conditioners (e.g., from ‘‘Seasonal Energy 

Efficiency Ratio (SEER)’’ to ‘‘Seasonal Energy 

Efficiency Ratio 2 (SEER2)’’). 82 FR 1786 (Jan. 6, 

2017); and 82 FR 24211 (May 26, 2017). 

5AHRI is a trade association representing central 

air conditioner manufacturers. 

Issued in Washington, DC, on May 25, 

2021. 

George Gonzalez, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2021–11422 Filed 6–1–21; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 305 

[3084–AB15] 

Energy Labeling Rule 

AGENCY: Federal Trade Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Trade 

Commission (‘‘FTC’’ or ‘‘Commission’’) 

proposes updates to comparability 

ranges and sample labels for central air 

conditioners in the Energy Labeling 

Rule (‘‘Rule’’). 

DATES: Comments must be received on 

or before August 2, 2021. 

ADDRESSES: Interested parties may file a 

comment online or on paper, by 

following the instructions in the 

Comment Submissions part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘CAC Range Updates (16 

CFR part 305) (Matter No. R611004)’’ on 

your comment, and file it online at 

https://www.regulations.gov, by 

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

comment on paper, mail it to: Federal 

Trade Commission, Office of the 

Secretary, Suite CC–5610 (Annex J), 600 

Pennsylvania Avenue NW, Washington, 

DC 20580; or deliver your comment to: 

Federal Trade Commission, Office of the 

Secretary, Constitution Center, 400 7th 

Street SW, 5th Floor, Suite 5610 (Annex 

J), Washington, DC 20024. 

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. Energy Labeling Rule 

The Commission issued the Energy 

Labeling Rule (‘‘Rule’’) in 1979,1

pursuant to the Energy Policy and 

Conservation Act of 1975 (‘‘EPCA’’).2

The Rule requires energy labeling for 

major home appliances and other 

consumer products to help consumers 

compare the energy usage and costs of 

competing models. It also contains 

labeling requirements for refrigerators, 

refrigerator-freezers, freezers, 

dishwashers, water heaters, clothes 

washers, room and portable air 

conditioners, furnaces, central air 

conditioners, heat pumps, plumbing 

products, lighting products, ceiling fans, 

and televisions. 

The Rule requires manufacturers to 

attach yellow EnergyGuide labels to 

many of the covered products and 

prohibits retailers from removing these 

labels or rendering them illegible. In 

addition, it directs sellers, including 

retailers, to post label information on 

websites and in paper catalogs from 

which consumers can order products. 

EnergyGuide labels for most covered 

products contain three main 

disclosures: Estimated annual energy 

cost, a product’s energy consumption or 

energy efficiency rating as determined 

by Department of Energy (‘‘DOE’’) test 

procedures, and a comparability range 

displaying the highest and lowest 

energy costs or efficiency ratings for all 

similar models. Under the Rule, the 

Commission periodically updates 

comparability range and annual energy 

cost information based on manufacturer 

data submitted pursuant to the Rule’s 

reporting requirements.3

II. Proposed Updated Ranges for 

Central Air Conditioners 

The Commission proposes to update 

the comparability ranges for central air 

conditioners to ensure manufacturers 

have information available for the 

upcoming transition to new efficiency 

descriptors required by DOE. On 

February 12, 2021 (86 FR 9274), the 

Commission published conforming Rule 

amendments reflecting new DOE 

efficiency descriptors on central air 

conditioner labels to ensure the Rule’s 

consistency with DOE requirements, 

which become effective on January 1, 

2023.4 In the February Rule, the 

Commission stated it would update 

ranges in appendices H and I, and the 

sample labels in appendix L, once new 

efficiency numbers became available. 

The Commission now proposes to 

amend the range tables (appendices H 

and I) and sample labels in the Rule 

(appendix L) using new information 

from the Air-Conditioning, Heating, & 

Refrigeration Institute (AHRI) and DOE 

staff input.5 As the Commission stated 

in its February 2021 Rule (86 FR at 

9279), manufacturers may begin using 

the new range information prior to 

January 1, 2023, in a manner consistent 

with DOE guidance once the FTC issues 

the final updates to appendices H and 

I. 

III. 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 December 31, 2022 (OMB 

Control No. 3084–0069). The proposed 

amendments do not change the 

substance or frequency of the 

recordkeeping, disclosure, or reporting 

requirements and, therefore, do not 

require further OMB clearance. 

IV. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

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

the Commission conduct an analysis of 

the anticipated economic impact of the 

proposed amendment on small entities. 

The RFA requires that the Commission 

provide an Initial Regulatory Flexibility 

Analysis (‘‘IRFA’’) with a proposed rule 

unless the Commission certifies that the 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 5 U.S.C. 605. 

As explained elsewhere in this 

document, the proposed amendments 

merely update the Rule’s appendices to 

include revised comparability ranges 

and sample labels for central air 

conditioners based on more recent data. 

The proposed amendments do not 

significantly change the substance or 

frequency of the recordkeeping, 

disclosure, or reporting requirements. 

Thus, the amendments will not have a 

‘‘significant economic impact on a 

substantial number of small entities.’’ 5 

U.S.C. 605. The Commission has 

concluded, therefore, that a regulatory 

flexibility analysis is not necessary, and 

certifies, under Section 605 of the RFA 

(5 U.S.C. 605(b)), that the proposed 

amendments will not have a significant 

economic impact on a substantial 

number of small entities. 


jbell on DSKJLSW7X2PROD with PROPOSALS
29534 Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules 

V. Communications by Outside Parties 

to the Commissioners or Their Advisors 

Written communications and 

summaries or transcripts of oral 

communications respecting the merits 

of this proceeding, from any outside 

party to any Commissioner or 

Commissioner’s advisor, will be placed 

on the public record. See 16 CFR 

1.26(b)(5). 

VI. Comment Submissions 

You can file a comment online or on 

paper. For the FTC to consider your 

comment, we must receive it on or 

before August 2, 2021. Write ‘‘CAC 

Range Updates (16 CFR part 305) 

(Matter No. R611004)’’ on your 

comment. Your comment, including 

your name and your state, will be 

placed on the public record of this 

proceeding, including, to the extent 

practicable, on the https://

www.regulations.gov website. 

Because of the public health 

emergency in response to the COVID–19 

outbreak and the agency’s heightened 

security screening, postal mail 

addressed to the Commission will be 

subject to delay. We strongly encourage 

you to submit your comment online 

through the https://www.regulations.gov 

website. To ensure the Commission 

considers your online comment, please 

follow the instructions on the webbased form. 

If you file your comment on paper, 

write ‘‘CAC Range Updates (16 CFR part 

305) (Matter No. R611004)’’ on your 

comment and on the envelope, and mail 

your comment to the following address: 

Federal Trade Commission, Office of the 

Secretary, 600 Pennsylvania Avenue 

NW, Suite CC–5610 (Annex J), 

Washington, DC 20580, or deliver your 

comment to the following address: 

Federal Trade Commission, Office of the 

Secretary, Constitution Center, 400 7th 

Street SW, 5th Floor, Suite 5610 (Annex 

J), Washington, DC 20024. If possible, 

please submit your paper comment to 

the Commission by courier or overnight 

service. 

Because your comment will be placed 

on the publicly accessible website at 

https://www.regulations.gov, you are 

solely responsible for making sure that 

your comment does not include any 

sensitive or confidential information. In 

particular, your comment should not 

include any sensitive personal 

information, such as your or anyone 

else’s Social Security number; date of 

birth; driver’s license number or other 

state identification number, or foreign 

country equivalent; passport number; 

financial account number; or credit or 

debit card number. You are also solely 

responsible for making sure your 

comment does not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, your comment should not 

include any ‘‘[t]rade secret or any 

commercial or financial information 

which . . . is privileged or 

confidential’’—as provided in Section 

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

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

including in particular competitively 

sensitive information such as costs, 

sales statistics, inventories, formulas, 

patterns, devices, manufacturing 

processes, or customer names. 

Comments containing material for 

which confidential treatment is 

requested must be filed in paper form, 

must be clearly labeled ‘‘Confidential,’’ 

and must comply with FTC Rule 

§ 4.9(c). In particular, the written 

request for confidential treatment that 

accompanies the comment must include 

the factual and legal basis for the 

request, and must identify the specific 

portions of the comment to be withheld 

from the public record. See FTC Rule 

§ 4.9(c). Your comment will be kept 

confidential only if the General Counsel 

grants your request in accordance with 

the law and the public interest. Once 

your comment has been posted publicly 

at www.regulations.gov, we cannot 

redact or remove it unless you submit a 

confidentiality request that meets the 

requirements for such treatment under 

FTC Rule § 4.9(c), and the General 

Counsel grants that request. 

The FTC Act and other laws the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. The Commission will 

consider all timely and responsive 

public comments it receives on or before 

August 2, 2021. For information on the 

Commission’s privacy policy, including 

routine uses permitted by the Privacy 

Act, see https://www.ftc.gov/siteinformation/privacy-policy. 

VII. Other Matters 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a ‘‘major 

rule,’’ as defined by 5 U.S.C. 804(2). 

Proposed Rule Language 

List of Subjects in 16 CFR Part 305 

Advertising, Energy conservation, 

Household appliances, Labeling, 

Reporting and recordkeeping 

requirements. 

For the reasons stated above, the 

Commission proposes to amend part 

305 of title 16 of the 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 appendix H to part 305 to 

read as follows: 

Appendix H to Part 305—Cooling 

Performance for Central Air 

Conditioners 

Manufacturer’s rated cooling capacity 

(btu’s/hr) 

Range of SEER2’s 

Low High 

Single Package Units 

Central Air Conditioners (Cooling Only): All capacities ........................................................................................... 13.4 19 

Heat Pumps (Cooling Function): All capacities ....................................................................................................... 13.4 19 

Split System Units 

Central Air Conditioner models allowed only in northern states (listed in § 305.20(g)(13)) (Cooling Only): All capacities ................................................................................................................................................................. 13.4 27 

Central Air Conditioner models allowed in all states (Cooling Only): 

All capacities ..................................................................................................................................................... 13.8 27 

Heat Pumps (Cooling Function): All capacities ................................................................................................ 14.3 42 

Small-duct, high-velocity Systems ........................................................................................................................... 12 15 


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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules 29535 

Manufacturer’s rated cooling capacity 

(btu’s/hr) 

Range of SEER2’s 

Low High 

Space-Constrained Products 

Central Air Conditioners (Cooling Only): All capacities ........................................................................................... 11.7 13.7 

Heat Pumps (Cooling Function): All capacities ....................................................................................................... 11.9 13.8 

■ 3. Revise appendix I to part 305 to 

read as follows: 

Appendix I to Part 305—Heating 

Performance and Cost for Central Air 

Conditioners 

Manufacturer’s rated heating capacity 

(btu’s/hr.) 

Range of HSPF2’s 

Low High 

Single Package Units 

Heat Pumps (Heating Function): All capacities ....................................................................................................... 6.7 8.4 

Split System Units 

Heat Pumps (Heating Function): All capacities ....................................................................................................... 7.5 14.6 

Small-duct, high-velocity Systems ........................................................................................................................... 6.1 7.5 

Space-Constrained Products 

Heat Pumps (Heating Function): All capacities ....................................................................................................... 6.3 6.5 

■ 4. Amend appendix L to part 305 by 

revising Prototype Label 3, Prototype 

Label 4, Sample Label 7, and Sample 

Label 8 to read as follows: 

Appendix L to Part 305—Sample Labels 

* * * * * 

BILLING CODE 6750–01–P 


jbell on DSKJLSW7X2PROD with PROPOSALS
29536 Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules 


jbell on DSKJLSW7X2PROD with PROPOSALSEP02JN21.000</GPH>

10 pt. ----1• U.S. Government Federal law prohibits removal of this label before consumer purchase. -illl--- 9 pt. 

Arial Narrow 

10/12----4~ CentralAirConditioner 

Anal Narrow Bold Cooling Only 

Single Package 

1 pt. rule----4-.. ·r-------------, 

XYZ Corporation 

ModelNH65 

Capacity: 59,000Btu/h 

Arial Narrow 

...... __ 10/12 

Arial Narrow Bold 

19 pl.----4--1~ 

Arial Narrow Bold Efficiency Rating (SEER2)*-4'-------+---- 12p1. Arial Narrow Bold 

38 pt.Arial Bold----+--1 14 ■ 4 12 pt. triangle 

3 pt. rule :W' 2 pt. rule 

d; 1 For energy cost info, visit H----12114 ,... f Arial Narrow 

10 pt Arial Narrow Bold ----+--I► 22_3 productin o.energy.gov 

8/9.6Arial Narrow ----+---1► Least Efficient Most Efflclent 

11 pt. Arial Narrow ----+--+---. Range of Similar Models 

8112 Arial Narrow • Seasonal Energy Efficiency Ratio 2 

18 pt. Arial Narrow Bold----+--1► Notice 

14116.BArial Narrow Federal law allows this unit to be installed only in: 

bold where indicated 

Mll----+-1►~~~~~~~~~ 

Arial Narrow HI, ID, IL, IA, IN, KS, KY, LA, MA, ME, 

MD, Ml, MN, MO, MS, MT, NC, ND, 

NE, NH, NJ, NY, OH, OK, OR, PA, RI, 

SC, SD, TN, TX, UT, VA, VT, WA, WV, 

WI, WY, and U.S. territories. 

Federal law prohibits installation of this unit in other states. 

B Installation allowed 

11 pt.Arial Narrow ----+---► 

10 P'-----1-.-

Arial Narrow Bold Energy Efficiency Ratio 2 (EER2): Thisunrt"sEER2 is 10.5. I---------+---- 8 pt. 

Arial Narrow 

Prototype Label 3 - Single-Package Central Air Conditioner 
Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules 29537 

* * * * * 


jbell on DSKJLSW7X2PROD with PROPOSALSEP02JN21.001</GPH>

10 pt---► U.S. Government 

Arial Narrow 

Federal law prohibits removal of this label before consumer purchase. -4111--- 9 pt. 

10/12---1• Heat Pump 

Arial Narrow Bold Cooling and Heating 

Split System 

1 pl rule•----1--a► Cooling 

Arial Narrow 

XYZCmporatlon --1----10/12 

Model 6645 Arial Narrow Bold 

Heating Capacity 26,000 Btu/h 

Cooling Capacity 25,000 Btu/11 

·A19na!2f Na-rrow-Bo-l_d~~-► Efficiency Rating (SEER2)* -4--------+---12pt. Arial NarrowBold 

~ 1Bold 14.3-16.0 

7 pt. triangle W 

2pt. rule .. , __ .._ _______ _ 

iOptArial Narrow Bold 14.3 42.0 

8/9.6 Arial Narrow Least Efficient P,lost Efficient 

11 pt. Arial Narrow Range of Similar Models 

8/12 Arial Narrow • Seasonal Eneigy Ellicie!tcY Ratio2 

Heating 

Efficiency Rating (HSPF2)* 

8.6-10.0 

r--.' 

7.5 

leao!Efficienl 

14.6 MostEfficient 

Range of Similar Models 

• Heating Seasonal Pellormanca Facfur 2. 

Prototype Label 4 - Split-system Heat Pump 

...-,, This system's 

efficiency ratings depend 

on the coil your contractor 

installs with this unit The 

heating efficiency rating 

varies slighUy in different 

geographic regions. Ask 

your contractor for detail!!; 

--I---- 12/14 

Arial Narrow 

Forenergy cosfirifu, visit t-1---- 12114 

productinfo.energy.gov Arial Narrow 
29538 Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules 


jbell on DSKJLSW7X2PROD with PROPOSALSEP02JN21.002</GPH>

U.S. Government Federal law prohibits removal of this label before consumer purchase. 

Central Air Conditioner 

Cooling Only 

Split System 

Efficiency Rating (SEER2)* 

14.1 

~ 13.4 

Least Efficient 

27.0 

Most Efficient 

Range of Similar Models 

• Seasonal Energy Efficiency Ratio 2 

Notice 

XYZ Corporation 

Model NH65 

For energy cost info, visit 

productinfo.energy.gov 

• Your air conditioner's efficiency 

rating may be better depending on 

the coil your contractor installs. 

Federal law allows this unit to be installed only in: 

AK, CO, CT, ID, IL, IA, IN, KS, MA, 

ME, Ml, MN, MO, MT, ND, NE, NH 

NJ, NY, OH, OR, PA, RI, SD, UT, VT 

WA, WV, WI, WY, and U.S. territories. 

Federal law prohibits installation of this unit in other states. 

Energy Efficiency Ratio 2 (EER2): This unit's EER2 is 11.6. 

Sample Label 7 - Split-system Central Air Conditioner 

II Installation allowed 
Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules 29539 

1See 81 FR 62861 (Sept. 12, 2016) (seeking 

comment on proposed amendments regarding 

portable air conditioners, ceiling fans, and electric 

water heaters); 84 FR 9261 (Mar. 14, 2019) 

(proposing amendments to organize the Rule’s 

product descriptions); 85 FR 20218 (Apr. 10, 2020) 

(seeking comment on proposed amendments 

regarding central and portable air conditioners). 

BILLING CODE 6750–01–C 

* * * * * 

By direction of the Commission. 

April J. Tabor, 

Secretary. 

Note: The following statement will not 

appear in the Code of Federal Regulations. 

Dissenting Statement of Commissioner 

Christine S. Wilson 

Today the Commission announces required 

changes to the Energy Labeling Rule but 

makes no other changes to the Rule. Since 

2015, the Commission has sought comment 

on provisions of this Rule at least three times, 

and has made numerous amendments.1 This 

piecemeal approach has clarified the Rule’s 

requirements—and I appreciate FTC staff’s 

efforts to keep this Rule clear and current— 

but the Commission can and should do more. 

For the reasons described below, I dissent. 


jbell on DSKJLSW7X2PROD with PROPOSALSEP02JN21.003</GPH>

U.S. Government Federal law prohibits removal of this label before consumer purchase. 

Heat Pump 

Cooling and Heating 

Split System 

Cooling 

Efficiency Rating (SEER2)* 

14.3-16.0 

w 

I 

14.3 

Least Efficient 

42.0 

Most Efficient 

Range of Similar Models 

• Seasonal Energy Efficiency Ratio 2 

Heating 

Efficiency Rating (HSPF2)* 

8.6-10.0 

• • 

7.5 

Least Efficient 

14.6 

Most Efficient 

Range of Similar Models 

• Heating Seasonal Performance Factor 2 

Sample Label 8 - Split-system Heat Pump 

XVZ Corporation 

Model 6645 

Heating Capacity 26,000 Btu/h 

Cooling Capacity 25,000 Btu/h 

~ This system's 

efficiency ratings depend 

on the coil your contractor 

installs with this unit. The 

heating efficiency rating 

varies slightly in different 

geographic regions. Ask 

your contractor for details. 

For energy cost info, visit 

productinfo.energy .gov 
29540 Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules 

2See Dissenting Statement of Commissioner 

Christine S. Wilson on the Notice of Proposed 

Rulemaking: Energy Labeling Rule (Dec. 10, 2018) 

(expressing my view that the Commission should 

seek comment on the prescriptive labeling 

requirements), https://www.ftc.gov/publicstatements/2018/12/dissenting-statementcommissioner-christine-s-wilson-notice-proposed; 

See Dissenting Statement of Commissioner 

Christine S. Wilson on the Notice of Proposed 

Rulemaking: Energy Labeling Rule (Oct. 22, 2019) 

(urging the Commission to seek comment on the 

labeling requirements), https://www.ftc.gov/system/ 

files/documents/public_statements/1551786/ 

r611004_wilson_dissent_energy_labeling_rule.pdf. 

3See 16 CFR 305.13 and 305.20. 

4See, e.g., Timothy J. Muris, Paper: Will the 

FTC’s Success Continue?, George Mason Law & 

Economics No. 18 (Sept. 24, 2018) (discussing the 

successes and failures of the FTC’s enforcement 

efforts including the aggressive rulemaking 

activities in the 1970s), available at: https://

papers.ssrn.com/sol3/papers.cfm?abstract_

id=3254294; Timothy J. Muris, Rules Without 

Reason, AEI J. on Gov’t and Society (Sept/Oct. 

1982) (describing failed FTC rulemaking 

proceedings), available at: https://www.cato.org/ 

sites/cato.org/files/serials/files/regulation/1982/9/ 

v6n5-4.pdf; Teresa Schwartz, Regulating Unfair 

Practices Under The FTC Act: The Need For a Legal 

Standard of Unfairness, 11 Akron Law Rev. 1 (1978) 

(explaining that the judicial reversals of FTC 

regulations resulted from a failure to establish an 

adequate legal basis for the regulations), available 

at: https://ideaexchange.uakron.edu/ 

akronlawreview/vol11/iss1/1/. 

5See Concurring Statement of Commissioner 

Christine S. Wilson, Amplifier Rule (Dec. 17, 2020), 

https://www.ftc.gov/system/files/documents/ 

public_statements/1585038/csw_amplifier_rule_

stmt_11192020.pdf; Dissenting Statement of 

Commissioner Christine S. Wilson on the Notice of 

Proposed Rulemaking: Energy Labeling Rule (Dec. 

10, 2018), https://www.ftc.gov/public-statements/ 

2018/12/dissenting-statement-commissionerchristine-s-wilson-notice-proposed. 

6 16 CFR 402, https://www.ftc.gov/sites/default/ 

files/documents/federal_register_notices/traderegulation-rule-concerning-deception-nonprismatic-and-partially-prismatic-instrumentsbeing/950523non-prismatic.pdf. 

7 16 CFR 413.3(c), https://www.ftc.gov/sites/ 

default/files/documents/federal_register_notices/ 

trade-regulation-rule-deceptive-advertising-andlabeling-size-tablecloths-and-related-products-16/ 

950523advertisingandlabelingasto.pdf. 

8 16 CFR 247, https://www.ftc.gov/sites/default/ 

files/documents/federal_register_notices/guidesluggage-and-related-products-industry-guides-shoecontent-labeling-and-advertising-and-guides/ 

950918luggageandrelatedproducts.pdf. 

9See Concurring Statement of Commissioner 

Christine S. Wilson on the Notice of Proposed 

Rulemaking: Energy Labeling Rule (Mar. 20, 2020), 

https://www.ftc.gov/system/files/documents/ 

public_statements/1569815/r611004_wilson_

statement_energy_labeling.pdf. 

10See, e.g., Air-Conditioning, Heating and 

Refrigeration Institute (AHRI) Comment (#33–09), 

available at: https://www.regulations.gov/ 

document?D=FTC-2020-0033-0009; Association of 

Home Appliance Manufacturers (AHAM) Comment 

(#33–04), available at: https://www.regulations.gov/ 

document?D=FTC-2020-0033-0004; Goodman 

Manufacturing Comment (#33–08), available at: 

https://www.regulations.gov/document?D=FTC2020-0033-0008. 

11See Dissenting Statement of Commissioner 

Christine S. Wilson on Notice of Proposed 

Rulemaking: Energy Labeling Rule (Dec. 22, 2020), 

https://www.ftc.gov/system/files/documents/ 

public_statements/1585242/commission_wilson_

dissenting_statement_energy_labeling_rule_final12- 

22-2020revd2.pdf. 

I have repeatedly urged the Commission 2

to seek comment on the more prescriptive 

aspects of this Rule. As I have noted in prior 

statements, the Rule includes highly 

prescriptive requirements detailing the trim 

size dimensions for labels, including the 

precise width (between 51⁄4′′ to 51⁄2′′) and 

length (between 73⁄8′′ and 75⁄8′′); the number 

of picas for the copy set (between 27 and 29); 

the type style (Arial) and setting; the weight 

of the paper stock on which the labels are 

printed (not less than 58 pounds per 500 

sheets or equivalent); and a suggested 

minimum peel adhesive capacity of 12 

ounces per square inch.3 For example, the 

label example attached to the Rule specifies 

not only the categories of information to be 

displayed, but also the precise font and point 

size in which that information is to be 

printed. For example, the cooling efficiency 

number must appear in 38 pt. Arial Narrow 

Bold. And while the phrase ‘‘US 

Government’’ at the top must be printed in 

10 pt. Arial Narrow, the text next to it that 

reads ‘‘Federal law prohibits removal of this 

label before consumer purchase’’ must be 

printed in 9 pt. Arial Narrow. See 

Attachment 1 (Labeling Requirements). 

The Energy Labeling Rule exemplifies the 

era in which it was created. The FTC 

promulgated the Rule in the 1970s, an era 

when the agency was engaged in prolific and 

highly prescriptive rulemaking.4 As I have 

noted previously,5 no area of commerce was 

too straightforward or mundane to escape the 

Commission’s notice: 

• The Trade Regulation Rule concerning 

Deception as to Non-Prismatic and Partially 

Prismatic Instruments Being Prismatic 

Binoculars 6 addressed failures to disclose 

‘‘instruments having bulges on the tubes 

which simulate prismatic instruments are not 

prismatic instruments or do not contain 

complete prism systems’’ and provided 

detailed definitions of six types of binoculars 

and field glasses. 

• The Trade Regulation Rule concerning 

Failure to Disclose that Skin Irritation May 

Result from Washing or Handling Glass Fiber 

Curtains and Draperies included a 

Commission conclusion that ‘‘the failure to 

disclose that skin irritation may result from 

body contact with glass fiber drapery and 

curtain fabrics, and clothing or other articles 

which have been washed with such glass 

fiber products or in containers previously 

used for washing such products when that 

container has not been cleansed of glass 

particles, has the capacity and tendency to 

mislead and deceive purchasers and 

prospective purchasers and to divert business 

from competitors whose products may be 

washed or handled without the resulting 

irritation.’’ 7

• The Guides for the Ladies’ Handbag 

Industry addressed the use of the terms 

‘‘scuffproof,’’ ‘‘scratchproof,’’ ‘‘scuff 

resistant,’’ and ‘‘scratch resistant;’’ 

representations that a product is colored, 

finished or dyed with aniline dye or 

otherwise dyed, embossed, grained, 

processed, finished or stitched in a certain 

manner; and required disclosures to be made 

with respect to a product’s composition.8

In March 2020, we sought comment on 

some of the more prescriptive provisions of 

the Energy Labeling Rule 9 and received 

many interesting and thoughtful comments.10

Rather than act on these comments or 

proposals, though, the Commission chose to 

finalize only proposals necessary to conform 

to Department of Energy changes.11 Again 

today, the Commission chooses to make 

minor changes necessary for conformity but 

fails to conduct a full review of the Rule to 

consider removing all dated and prescriptive 

provisions, and to consider the recent 

comments suggesting changes. 

The Commission last conducted a full 

review of the Energy Labeling Rule in 2015. 

Under our 10-year regulatory review 

schedule, the next review is scheduled for 

2025. Nothing, however, prevents the 

Commission from conducting this review 

now. I again urge the Commission to act on 

the comments we received last year, 

eliminate the more prescriptive aspects of the 

Rule, and maximize the positive impact of 

this Rule for consumers. If we are statutorily 

mandated to maintain this Rule, we should 

endeavor to make it beneficial for consumers 

and competition. 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Proposed Rules 29541 

[FR Doc. 2021–11498 Filed 6–1–21; 8:45 a.m.] 

BILLING CODE 6750–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 121 

[EPA–HQ–OW–2021–0302; FRL–10023–97– 

OW] 

Notice of Intention To Reconsider and 

Revise the Clean Water Act Section 

401 Certification Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of intent. 

SUMMARY: In accordance with Protecting 

Public Health and the Environment and 

Restoring Science to Tackle the Climate 

Crisis (Executive Order 13990), the U.S. 

Environmental Protection Agency (EPA) 

announces its intention to reconsider 

and revise the Clean Water Act Section 

401 Certification Rule. In addition, EPA 

will initiate a series of stakeholder 

outreach sessions and invite written 

feedback on how to revise the 

requirements for water quality 

certifications under the Clean Water 

Act. EPA intends to revise the Clean 

Water Act Section 401 Certification Rule 

in a manner that is well informed by 

stakeholder input on the rule’s 

substantive and procedural components; 

is better aligned with the cooperative 

federalism principles that have been 

central to the effective implementation 

of the Clean Water Act; and is 

responsive to the national objectives 

outlined in President Biden’s Executive 

Order 13990. 

DATES: Written feedback must be 

received on or before August 2, 2021. 

ADDRESSES: You may send written 

feedback, identified by Docket ID No. 

EPA–HQ–OW–2021–0302, by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting written 

feedback. 

• Email: OW-Docket@epa.gov. 

Include Docket ID No. EPA–HQ–OW– 

2021–0302 in the subject line of the 

message. 

Instructions: All submissions received 

must include the Docket ID Number. 

Written feedback received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. Out of 

an abundance of caution for members of 

the public and our staff, the EPA Docket 

Center and Reading Room are closed to 

the public, with limited exceptions, to 

reduce the risk of transmitting COVID– 

19. Our Docket Center staff will 

continue to provide remote customer 

service via email, phone, and webform. 


jbell on DSKJLSW7X2PROD with PROPOSALSEP02JN21.004</GPH>

Attachment 1 

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