78736 Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Proposed Rules 

Issued in Kansas City, Missouri, on 

December 19, 2014. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2014–30722 Filed 12–30–14; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 305 

RIN 3084–AB15 

Energy and Water Use Labeling for 

Consumer Products Under the Energy 

Policy and Conservation Act (‘‘Energy 

Labeling Rule’’) 

AGENCY: Federal Trade Commission 

(FTC or Commission). 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Commission seeks 

comments on labeling for several 

miscellaneous refrigeration products not 

covered by existing labeling 

requirements. The Commission seeks 

comments on whether labels for these 

products would assist consumers in 

their purchasing decisions. Preliminary 

DOE analysis suggests labeling would 

benefit consumers and be economically 

and technologically feasible. 

DATES: Comments must be received by 

March 3, 2015. 

ADDRESSES: Interested parties may file a 

comment at https://

ftcpublic.commentworks.com/ftc/

miscrefrigerator online or on paper, by 

following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘Miscellaneous 

Refrigeration Products, Matter No. 

R611004’’ on your comment, and file 

your comment online at https://

ftcpublic.commentworks.com/ftc/

miscrefrigerator by following the 

instructions on the web-based form. If 

you prefer to file your comment on 

paper, write ‘‘Miscellaneous 

Refrigeration Products, 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 N), 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 N), 

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. Background 

The Commission’s Energy Labeling 

Rule (Rule) (16 CFR part 305), issued 

pursuant to the Energy Policy and 

Conservation Act (EPCA) (42 U.S.C. 

6291), requires energy labeling for major 

household appliances and other 

consumer products to help consumers 

compare competing models. The 

Commission implements its labeling 

program in conjunction with the 

Department of Energy’s efficiency 

standards program for consumer 

products, which is also instituted 

pursuant to EPCA. When first published 

in 1979, the Rule applied to eight 

product categories: Refrigerators, 

refrigerator-freezers, freezers, 

dishwashers, water heaters, clothes 

washers, room air conditioners, and 

furnaces. The Commission has since 

expanded the Rule’s coverage to include 

central air conditioners, heat pumps, 

plumbing products, lighting products, 

ceiling fans, certain types of water 

heaters, and televisions. 

The Rule requires manufacturers to 

attach yellow EnergyGuide labels on 

many of these products, and prohibits 

retailers from removing the labels or 

rendering them illegible. In addition, 

the Rule directs sellers, including 

retailers, to post label information on 

Web sites and in paper catalogs from 

which consumers can order products. 

EnergyGuide labels for covered products 

must contain three key disclosures: 

Estimated annual energy cost (for most 

products); a product’s energy 

consumption or energy efficiency rating 

as determined based on Department of 

Energy (DOE) test procedures; and a 

comparability range displaying the 

highest and lowest energy costs or 

efficiency ratings for all similar models. 

The Rule requires manufacturers to use 


tkelley on DSK3SPTVN1PROD with PROPOSALSEP31DE14.003</GPH>
Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Proposed Rules 78737 

1 16 CFR 305.10. 

2 42 U.S.C. 6292. 

3 42 U.S.C. 6292(b)(1). 

4 DOE began this rulemaking proceeding in 

November 2011, when DOE proposed to add noncompression-equipped residential refrigerators to 

the list of products covered by its conservation 

programs. 76 FR 69147 (Nov. 8, 2011). On February 

13, 2012, DOE published an additional notice 

discussing potential energy conservation standards 

and test procedures for other refrigeration products 

not currently covered by DOE requirements. 77 FR 

7547 (Feb. 13, 2012). Late last year, DOE issued a 

formal proposal to cover the new types of 

refrigeration products (78 FR 65223, Oct. 31, 2013). 

On December 16, 2014 (79 FR 74894), DOE 

published proposed test procedures for these 

products. In that test procedure notice, DOE 

clarified the scope of the products to include those 

listed above. 

5 78 FR 65223, 65224 (citing 42 U.S.C. 6201). 

6 Id. 

7See 78 FR at 65224–65228, 79 FR 74894, and 

DOE’s ‘‘Preliminary Technical Support Document’’ 

at http://www.regulations.gov/

#!documentDetail;D=EERE-2011-BT-STD-0043- 

0024. 

8 42 U.S.C. 6294(a)(3)&(b)(3). 

9See 42 U.S.C. 6294(b)(1)(B) (labeling for new 

products DOE designates pursuant to 42 U.S.C. 

6292(b)). EPCA also grants the Commission 

authority to require labeling or other disclosures for 

any consumer product not specified in the statute 

or designated by DOE if the Commission determines 

that ‘‘labeling for the product is likely to assist 

consumers in making decisions.’’ 42 U.S.C. 

6294(a)(6). 

10 78 FR at 65224–65228. 

national average costs for applicable 

energy sources (e.g., electricity, natural 

gas, and oil) as calculated by DOE. The 

Rule sets a five-year schedule for 

updating comparability ranges and 

average unit energy cost information.1

The Commission updates the range 

information based on manufacturer data 

submitted pursuant to the Rule’s 

reporting requirements. 

II. DOE Authority To Add New Covered 

Products 

EPCA gives DOE authority to add 

product categories to its energy 

conservation program beyond those 

already listed under the statute.2 DOE 

may classify additional consumer 

product types upon a determination 

that: (1) Product coverage is either 

necessary or appropriate to carry out 

EPCA’s purposes; and (2) the average 

annual per-household energy use by 

products of such type is likely to exceed 

100 kWh per year.3

III. DOE Proposed Coverage of 

Miscellaneous Refrigeration Products 

Pursuant to this authority, DOE 

recently proposed to cover several types 

of refrigeration products excluded by 

existing DOE definitions, including 

cooled cabinets, non-compressor 

refrigerators, hybrid refrigerators, 

compact hybrid refrigerators, hybrid 

freezers, and residential ice makers.4 In 

DOE’s view, coverage of these products 

is both necessary and appropriate to 

carry out EPCA’s goals for conserving 

energy supplies and improving 

consumer product energy efficiency.5

DOE proposed to consolidate these 

various product groups into a single, 

new refrigeration product type distinct 

from the existing product type that 

includes refrigerators, refrigeratorfreezers, and freezers.6 DOE concluded 

that minimum efficiency standards for 

these products should lead to efficiency 

improvements. Table 1 contains 

detailed information from DOE about 

the products included in the new 

proposed refrigeration category. 

TABLE 1—DOE ENERGY ESTIMATES FOR MISCELLANEOUS REFRIGERATION PRODUCTS 7

Estimated 

annual kWh 

Estimated 

annual cost 

(12¢/kWh) 

National stock 

estimate 

Estimated 

lifetime 

in years 

Annual sales 

in 

units 

Range of energy 

use 

(per year) 

Cooled Cabinets ................................... 336 $40 12,300,000 4.3 2,900,000 104 to 803 kWh. 

Non-Compressor Refrigerators ............. 669 80 4,900,000 4.3 1,100,000 451 to 832 kWh. 

Hybrid Refrigerators .............................. 516 62 2,200,000 17 130,000 No estimate. 

Compact Hybrid Refrigerators .............. 429 51 1,400,000 5.6 250,000 365 to 445 kWh. 

Hybrid Freezers .................................... 413 50 900,000 22 40,000 No estimate. 

Residential Ice Makers ......................... 363 44 5,500,000 1.7 3,200,000 89 to 1075 kWh. 

IV. FTC Proposed Labeling 

In conjunction with DOE’s proposal, 

the Commission seeks comments on 

proposed labeling requirements. Under 

EPCA, the Commission has discretion to 

require labeling for new covered 

products designated by DOE if it 

determines such labeling will likely 

assist consumers in making purchasing 

decisions and be economically and 

technologically feasible.8 Although this 

labeling authority is discretionary, 

EPCA directs the Commission to 

publish a proposed rule 30 days after 

DOE issues a proposed test procedure.9

Thus, the Commission now seeks 

comments on whether labels for these 

products would assist consumers in 

their purchasing decisions. Preliminary 

DOE analysis suggests labeling would 

benefit consumers and be economically 

and technologically feasible. According 

to DOE, the various types of refrigerators 

under consideration are available to 

residential consumers in stores and 

online, and use a significant amount of 

energy. Moreover, DOE’s estimates 

suggest that competing models for most 

of these product categories exhibit 

variable amounts of energy use.10 In 

addition, because these products 

resemble refrigerators already covered 

by the Rule (16 CFR 305.11), labeling is 

likely to be economically or 

technologically feasible. 

The Commission has not proposed 

specific rule amendments in this Notice. 

However, should the Commission 

determine labeling is appropriate, any 

final requirements will likely resemble 

those applicable to currently covered 

refrigeration products, including 

requirements relating to testing (section 

305.5), EnergyGuide labeling (section 

305.11), recordkeeping (section 305.21), 

reporting (section 305.8), and catalog/

Web site disclosures (section 305.20). 

Accordingly, the Commission seeks 

comments on the application of these 

existing labeling requirements to the 

new refrigerator products. The 

Commission seeks comments on all 

aspects of this proposal. In particular, 

the Commission requests that 

commenters address the following 

questions: 

a. Benefits: Should the Commission 

require labeling or other energy 

disclosures for the miscellaneous 

refrigeration products described in this 

notice? Would labeling or other energy 

disclosures assist consumers in making 

purchasing decisions? What benefits, if 

any, would labeling or other energy 

disclosures for the products in question 

provide for consumers and businesses 

(including small businesses)? Would 

labeling promote the introduction of 

more energy-efficient products? What 

are the potential energy savings for 

consumers? 

b. Costs: Is there any evidence that 

labeling or other energy disclosures for 

these products would not assist 


tkelley on DSK3SPTVN1PROD with PROPOSALS
78738 Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Proposed Rules 

consumers in making purchasing 

decisions? Would labeling for these 

products be economically feasible? 

Would it be technologically feasible? 

What are the costs of testing these 

products? What costs would such 

labeling or other energy disclosures 

impose on consumers and businesses 

(including small businesses)? 

c. Energy Use Data: Is there energy 

use data regarding these refrigeration 

products beyond the information 

already provided by DOE? If so, is there 

data that shows a significant difference 

in the energy use of competing models? 

If so, is there a significant difference in 

the energy use of such models? What are 

the annual energy costs of these 

products? 

d. Format, Content, and Placement: If 

the Commission considers labeling or 

other energy disclosures for one or more 

of these products, what should the 

format, content, and placement be of 

such information? Should the labeling 

requirements for these products differ in 

any significant way from the 

EnergyGuide labels currently applicable 

to refrigerators, refrigerator-freezers, and 

freezers? How do consumers purchase 

these products (e.g., in stores, online, or 

otherwise)? Are consumers likely to see 

the label for these products before 

purchase? Should disclosures appear on 

the products themselves, on packaging, 

in other point-of-purchase material, or 

through some other means? 

e. Internet and Catalog Disclosures: 

Should internet and other catalog 

disclosures for these products be any 

different than those for other covered 

products, such as refrigerators already 

covered by the Rule? 

f. Content: If labeling or other energy 

disclosures should be required, what 

types of information should such labels 

include? Should labeling provide the 

same information as the EnergyGuide 

label for other refrigerators (i.e., yearly 

operating costs, energy use, and 

comparative information)? Should the 

label require something different or 

additional? 

V. Request for Comments 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before March 3, 2015. Write 

‘‘Miscellaneous Refrigeration Products, 

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 public Commission Web site, at 

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

publiccomments.shtm. As a matter of 

discretion, the Commission tries to 

remove individuals’ home contact 

information from comments before 

placing them on the Commission Web 

site. 

Because your comment will be made 

public, you are solely responsible for 

making sure that your comment does 

not include any sensitive personal 

information, such as anyone’s Social 

Security number, date of birth, driver’s 

license number or other state 

identification number or foreign country 

equivalent, passport number, financial 

account number, or credit or debit card 

number. You are also solely responsible 

for making sure that your comment does 

not include any sensitive health 

information, such as medical records or 

other individually identifiable health 

information. In addition, do not include 

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

financial information which is . . . 

privileged or confidential,’’ as discussed 

in § 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). In particular, do not include 

competitively sensitive information 

such as costs, sales statistics, 

inventories, formulas, patterns, devices, 

manufacturing processes, or customer 

names. 

If you want the Commission to give 

your comment confidential treatment, 

you must file it in paper form, with a 

request for confidential treatment, and 

you have to follow the procedure 

explained in FTC Rule 4.9(c), 16 CFR 

4.9(c). Your comment will be kept 

confidential only if the FTC General 

Counsel, in his or her sole discretion, 

grants your request in accordance with 

the law and the public interest. 

Postal mail addressed to the 

Commission is subject to delay due to 

heightened security screening. As a 

result, we encourage you to submit your 

comments online. To make sure that the 

Commission considers your online 

comment, you must file it at https://

ftcpublic.commentworks.com/ftc/

miscrefrigeration, by following the 

instruction on the web-based form. If 

this Notice appears at http://

www.regulations.gov, you also may file 

a comment through that Web site. 

If you file your comment on paper, 

write ‘‘Miscellaneous Refrigeration 

Products, 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 N), 

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 N), Washington, DC 20024. If 

possible, submit your paper comment to 

the Commission by courier or overnight 

service. 

Visit the Commission Web site at 

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

and the news release describing it. The 

FTC Act and other laws that the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding, as 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives on or 

before March 3, 2015. You can find 

more information, including routine 

uses permitted by the Privacy Act, in 

the Commission’s privacy policy, at 

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

By direction of the Commission. 

Janice Podoll Frankle, 

Acting Secretary. 

[FR Doc. 2014–30572 Filed 12–30–14; 8:45 am] 

BILLING CODE 6750–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1422 

[CPSC Docket No. CPSC–2009–0087] 

Recreational Off-Highway Vehicles 

(ROVs); Notice of Opportunity for Oral 

Presentation of Comments; Correction 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of opportunity for oral 

presentation of comments; correction. 

SUMMARY: The Consumer Product Safety 

Commission (CPSC, Commission) 

published a document in the Federal 

Register on December 3, 2014, 

announcing that on January 7, 2015, the 

Commission will provide an 

opportunity for interested persons to 

present oral comments on the notice of 

proposed rulemaking (NPR) the 

Commission issued, which proposes a 

standard to reduce the risk of injury 

associated with recreational off-highway 

vehicles (ROVs). The location for the 

meeting has changed. 

DATES: Effective December 31, 2014. 

ADDRESSES: The meeting will be held in 

the Hearing Room, 4th floor of Bethesda 

Towers Building, 4330 East West 

Highway, Bethesda, MD 20814. 

Requests to make oral presentations, 

and texts of oral presentations, should 

be captioned: ‘‘ROVs NPR; Oral 

Presentation’’ and submitted by email to 

cpsc-os@cpsc.gov, or mailed or 

delivered to the Office of the Secretary, 

Consumer Product Safety Commission, 

4330 East-West Highway, Bethesda, MD 


tkelley on DSK3SPTVN1PROD with PROPOSALS