[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Proposed Rules]
[Pages 15298-15310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4865]


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FEDERAL TRADE COMMISSION

16 CFR Part 305

[RIN 3084-AB15]


Rule Concerning Disclosures Regarding Energy Consumption and 
Water Use of Certain Home Appliances and Other Products Required Under 
the Energy Policy and Conservation Act (``Appliance Labeling Rule'')

AGENCY: Federal Trade Commission (FTC or Commission).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission proposes several amendments to improve the 
Appliance Labeling Rule by streamlining requirements for manufacturers, 
increasing the availability of labels for consumers, and clarifying 
various aspects of the Rule. Specifically, the proposed amendments 
would eliminate duplicative reporting requirements for manufacturers, 
introduce a uniform method for attaching labels to appliances, place 
EnergyGuide labels on room air conditioner boxes instead of on the 
products themselves, improve current Web site disclosures, and revise 
ceiling fan labels. The proposed amendments also would clarify 
enforcement rules for data reporting, testing access, and Web site 
disclosures. The Commission requests comments on these proposed 
changes. In addition, as a part of the Commission's systematic review 
of its regulations and guides, the Commission seeks comments on the 
Rule's overall costs and benefits and its overall regulatory and 
economic impact.

DATES: Written comments must be received by May 16, 2012.

ADDRESSES: Interested parties are invited to submit written comments 
electronically or in paper form by following the instructions in 
section VI. of the SUPPLEMENTARY INFORMATION section below. Comments in 
electronic form should be submitted using the following weblink: 
https://ftcpublic.commentworks.com/ftc/energylabelingamendmentsnprm 
(and following the instructions on the web-based form). Comments filed 
in paper form should be mailed or delivered to the following address: 
Federal Trade Commission, Office of the Secretary, Room H-135 (Annex 
A), 600 Pennsylvania Avenue NW., Washington, DC 20580, in the manner 
detailed in the SUPPLEMENTARY INFORMATION section below.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326-2889, 
Attorney, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, Room M-8102B, 600 Pennsylvania Avenue NW., 
Washington, DC 20580.

SUPPLEMENTARY INFORMATION:

I. FTC's Appliance Labeling Rule

    The Commission's Appliance Labeling Rule, issued pursuant to the 
Energy Policy and Conservation Act (EPCA),\1\ requires energy labeling 
for major household appliances and other consumer products to help 
consumers compare competing models.\2\ When first published in 1979,\3\ 
the Rule applied to eight appliance categories: refrigerators, 
refrigerator-freezers, freezers, dishwashers, water heaters, clothes 
washers, room air conditioners, and furnaces. Subsequently, the 
Commission expanded the Rule's coverage to include categories such as 
central air conditioners, heat pumps, plumbing products, lighting 
products, ceiling fans, and televisions.\4\
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    \1\ 42 U.S.C. 6291 et seq.
    \2\ For 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).

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[[Page 15299]]

    The Rule requires manufacturers to attach yellow EnergyGuide labels 
to certain covered products.\5\ It prohibits retailers from removing 
these labels or rendering them illegible.\6\ In addition, the Rule 
directs sellers, including retailers, to post label information on Web 
sites and in paper catalogs from which consumers can order covered 
products.\7\
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    \5\ See 42 U.S.C. 6302(a)(1); 16 CFR 305.4(a)(1). The Rule 
requires an energy disclosure or label on all covered products or on 
their packages. The EnergyGuide label must appear on refrigerators, 
refrigerator-freezers, freezers, room air conditioners, clothes 
washers, dishwashers, pool heaters, central air conditioners, heat 
pumps, furnaces, and televisions. See 16 CFR 305.11, 305.12, 305.14, 
and 305.17. The EnergyGuide label constitutes a visually uniform 
``brand'' for all these products, but it has different dimensions 
and disclosures based on the nature and energy use of the product. 
See 16 CFR 305 Appx. L (label prototypes). Ceiling fans must bear 
labels somewhat similar to EnergyGuide labels, but visually 
distinct. 16 CFR 305.13. The remainder of the Rule's covered 
products bear other types of labels or disclosures related to energy 
or water use (for plumbing products), rather than the EnergyGuide 
brand. For example, common consumer light bulbs manufactured 
beginning in 2012 must bear a ``Lighting Facts'' label.
    \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).
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    EnergyGuide labels for appliances and televisions contain three key 
disclosures: estimated annual operating cost (for most products), a 
``range of comparability'' showing the highest and lowest energy 
consumption or efficiencies for all similar models, and a product's 
energy consumption or energy efficiency rating as determined from 
standard Department of Energy (DOE) tests. The Rule specifies this 
content as well as the label's format. Manufacturers cannot place any 
information on the label other than that specifically allowed by the 
Rule.
    Finally, the Rule contains reporting requirements for most 
products. Under these requirements, manufacturers must submit data to 
the FTC both when they begin manufacturing new models and annually.\8\ 
These reports must contain, among other things, estimated annual energy 
consumption or energy efficiency ratings.
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    \8\ See 16 CFR 305.8; 42 U.S.C. 6296(b).
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II. Proposed Amendments

    The Commission seeks comment on several proposed changes to reduce 
the Rule's reporting burdens, increase the availability of energy 
labels to consumers, and generally to improve existing requirements. 
Specifically, the proposed changes would: (1) Eliminate duplicative 
requirements by harmonizing FTC and DOE reporting and testing rules; 
(2) prohibit hang tag labels for all covered clothes washers, 
dishwashers, and refrigerators and instead require adhesive labels; (3) 
require placement of room air conditioner labels on display boxes 
instead of on the product; (4) improve retailer Web site and paper 
catalog disclosures; (5) include estimated operating cost information 
on ceiling fan labels; (6) include specific capacity numbers on clothes 
washer EnergyGuide labels; (7) require a QR (``Quick Response'') code 
on EnergyGuide labels to link mobile phone users to FTC and DOE 
information; (8) update product definitions for refrigerators and 
freezers; (9) clarify the Rule's enforcement provisions; and (10) 
shorten the Rule's title.\9\ The following addresses each of these 
proposals in detail.
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    \9\ The Commission is also proposing several technical 
corrections described in section III.
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A. Harmonization of Reporting and Testing Requirements

    By harmonizing existing FTC and DOE regulations, the proposed 
amendments would streamline existing reporting requirements. Currently, 
the FTC requires manufacturers to submit annual reports containing 
energy-related information about their covered products.\10\ Similarly, 
DOE requires manufacturers to submit reports certifying that their new 
products meet federal efficiency standards.\11\ The proposed amendments 
would streamline the Rule's reporting burden in three ways.\12\
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    \10\ See 16 CFR 305.8; 42 U.S.C. 6296(b)(4). In addition to 
annual reports, manufacturers must submit a report for each new 
model prior to distribution of that model.
    \11\ See 10 CFR Part 430; 42 U.S.C. 6296.
    \12\ These amendments would not affect televisions and LED bulbs 
because the Rule's reporting requirements do not apply to those 
products. 76 FR 1038, 1040 n.28 (Jan. 6, 2011). The Rule does not 
currently require reporting for televisions and light-emitting diode 
lamps because no DOE test procedures exist for those products at 
this time.
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    First, under current rules, manufacturers of each covered product 
must submit one report to DOE and another, largely duplicative report 
to the FTC. The proposed amendments would allow manufacturers to meet 
FTC reporting requirements by using DOE's new web-based tool for energy 
reporting (the ``Compliance and Certification Management System'' 
(CCMS)).\13\ Once manufacturers upload their data, the FTC would be 
able to obtain the information from DOE and place it on the public 
record.\14\ This change would ease reporting for manufacturers and 
eliminate confusion caused by two separate government data collection 
requirements for identical products.\15\
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    \13\ 75 FR 27183 (May 14, 2010).
    \14\ See 16 CFR 4.9(b)(10)(xii).
    \15\ The Commission does not propose to eliminate FTC reporting 
requirements altogether because EPCA requires manufacturers to 
submit annual reports to the FTC containing ``relevant data 
respecting energy consumption and water use developed in accordance 
with'' applicable DOE test procedures. 42 U.S.C. 6296(b)(4).
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    Second, the Commission proposes to harmonize FTC reporting 
requirements with DOE certification rules. To achieve this goal, the 
Commission proposes requiring the same report content as DOE. However, 
for ceiling fans, the FTC will continue to maintain separate reporting 
requirements because DOE's regulations contain test procedures for 
these products but do not currently require manufacturers to conduct 
such tests.
    Third, the Commission proposes to clarify the DOE testing 
requirements manufacturers must use to determine energy information for 
FTC labels. The current FTC Rule requires adherence to applicable DOE 
test procedures, but does not mention several DOE requirements related 
to testing, including sampling rules, testing accreditation (for light 
bulbs), and DOE testing waiver procedures. The amendments would specify 
that manufacturers must test their products in accordance with these 
applicable DOE requirements.\16\ This amendment should eliminate any 
confusion among manufacturers and, therefore, ensure that the content 
of energy disclosures on the FTC labels is based on all DOE-required 
testing provisions.\17\
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    \16\ Unless otherwise specified in the Rule, the Commission does 
not propose to require compliance with any DOE testing provisions 
that are not required for DOE certification (e.g., certain lamp 
measurements). This will ensure that FTC does not inadvertently 
impose more specific testing burdens than DOE.
    \17\ The proposed amendments also eliminate various references 
to recommended IES test procedures of incandescent and compact 
fluorescent lamps that are now covered by DOE testing requirements. 
Comments should address whether any of these references should 
remain in the Rule and, if so, why.
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    The Commission seeks comments on these proposals, including the 
length of time required to implement these changes, the need for the 
changes, and the costs and benefits of the proposals.

B. Adhesive Labels for Clothes Washers, Dishwashers, and Refrigerators

    To improve the availability of EnergyGuide labels for clothes 
washers, dishwashers, and refrigerators, the Commission proposes to 
prohibit hang tags on these products and, instead,

[[Page 15300]]

require adhesive labels.\18\ Under the current Rule, these products 
must display EnergyGuide labels in a location visible to consumers 
either in the form of a hang tag attached inside the product or an 
adhesive labels affixed outside or inside the product. The proposal to 
eliminate hang tags and require adhesive labels is designed to decrease 
the number of missing labels in showrooms because hang tags appear to 
detach easily.\19\
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    \18\ The Commission's recent television labeling rule prohibits 
hang tags on televisions for the same reasons given here. See 76 FR 
1038.
    \19\ The current Rule defines a hang tag for clothes washers, 
dishwashers, and refrigerators as a label ``affixed to the product * 
* * using string or similar material.'' 16 CFR 305.11(d)(2). Because 
the Rule does not allow hang tags on product exteriors, 
manufacturers cannot use hang tags on water heaters and other 
products that do not have an interior visible to consumers.
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    Evidence gathered by the FTC and the Government Accountability 
Office (GAO) demonstrates that many showroom products do not have 
EnergyGuide labels attached. Specifically, GAO visits to 30 stores in 
2007 found that 26 percent of products examined had no EnergyGuide 
label and another 24 percent had labels that were ``no longer affixed 
in a prominent and easily accessible location.'' \20\ Following the GAO 
report, FTC staff conducted its own examination of more than 8,500 
appliances in 89 retail locations.\21\ The FTC found labels either 
detached or missing altogether on approximately 38 percent of 
appliances examined.\22\
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    \20\ United States GAO, Energy Efficiency--Opportunities Exist 
for Federal Agencies to Better Inform Household Consumers, GAO-07-
1162, Sept. 2007, at 6.
    \21\ The staff visited stores in nine metropolitan areas across 
the country in 2008. The results are not necessarily nationally 
representative.
    \22\ The staff examined clothes washers, dishwashers, 
refrigerator products (freezers, refrigerators, and refrigerator-
freezers), room air conditioners, and water heaters. The examination 
did not find specific models or brands consistently missing labels. 
Accordingly, the visits provided no clear evidence that specific 
manufacturers are routinely failing to label their products.
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    Comments received in the television rulemaking indicated that hang 
tags often become twisted or dislodged in stores.\23\ In addition, FTC 
staff found that products frequently labeled with hang tags (i.e., 
clothes washers, dishwashers, and refrigerator-freezers) are more 
likely to have detached or missing labels compared to water heaters, 
which are generally labeled with adhesive labels.\24\ The Commission, 
therefore, is concerned that hang tags may be more prone to detachment 
than adhesive labels and offer a less secure means to affix labels.
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    \23\ 76 FR at 1044.
    \24\ The store visit data indicate that dishwashers, clothes 
washers, and refrigerator-freezers frequently bear hang tags because 
the many of these products had hang tags either attached to the 
product or lying detached on or in the product (64% for dishwashers, 
49% for clothes washers, and 76% for refrigerator-freezers.) By 
contrast, the results indicate water heaters predominately bear 
adhesive labels (82% had adhesive labels attached, and there were no 
detached hang tags found near or on the unlabeled units). Moreover, 
the products that frequently bear hang tags had a high rate of 
missing and/or detached labels (31% missing and 25% detached for 
clothes washers; 26% missing and 24% detached for dishwashers; 12% 
missing labels and 11% detached for refrigerators, freezers, and 
refrigerator-freezers.) By contrast, only 14% of water heaters were 
missing labels (and none had detached labels).
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    Accordingly, the Commission seeks comment on whether requiring 
adhesive labels (and prohibiting hang tags) for clothes washers, 
dishwashers, and refrigerators would improve label availability in 
showrooms.\25\ If a comment indicates such a change would improve the 
label's effectiveness, please explain why. If not, please explain why 
not. Comments should identify the time required by industry members to 
switch to adhesive labels without undue burden, whether there are 
alternative approaches to reduce the burden of such changes, and 
whether the proposal accomplishes the Commission's goal of providing 
disclosures to consumers. Also, because dishwashers and clothes washers 
may have limited interior surface area for adhesive labels, the 
Commission asks whether the EnergyGuide label for these products should 
be smaller. Should the Commission adopt a smaller label size, comments 
should also address whether the text size, graphics, and wording for 
the current label should, if possible, remain the same as the current 
label. The Commission developed the current content and format of the 
label after conducting extensive consumer research, and therefore, is 
concerned that content changes to accommodate a smaller label would 
reduce the label's effectiveness for consumers.\26\ Comments should 
address whether a smaller label would decrease the label's utility in 
helping consumers make purchasing decisions and, if so, how.
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    \25\ The proposed rule language specifies that manufacturers 
must attach adhesive labels to the product before distribution in 
commerce. Manufacturers should not place the labels separately in 
literature bags or otherwise leave labels unattached when shipping 
units.
    \26\ 72 FR 49948 (Aug. 27, 2007).
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C. Room Air Conditioners

    The Commission proposes requiring manufacturers to print or affix 
EnergyGuide labels on room air conditioner boxes instead of adhering 
them to the units themselves. Under the current Rule, manufacturers 
must place an adhesive EnergyGuide label on the exterior of room air 
conditioners. However, FTC staff has observed that retailers often 
display these products in boxes stacked on shelves or the showroom 
floor. Therefore, consumers cannot examine the label before purchase. 
The proposed box label would address this concern.\27\ The Commission 
proposes to provide manufacturers with at least two years to implement 
this change to minimize the burdens associated with package changes.
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    \27\ The Commission has followed this approach with ceiling fan 
labels, which must appear on the principal display panel of 
packages. See 16 CFR 305.13.
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    The Commission seeks comments on this proposal. In particular, 
comments should address whether retailers typically display room air 
conditioners in or out of the box, and whether the proposal would 
accomplish the Commission's goal of consistently providing energy 
disclosures to consumers. Comments should provide detailed information 
about the costs of the proposed change, including whether two years is 
sufficient lead time to come into compliance with a package label 
requirement without undue burden, or whether the changes can be made 
more quickly. Finally, comments should address whether the Commission 
should require labels on boxes for any other covered products (e.g., 
water heaters or pool heaters) in lieu of the existing labels affixed 
directly to those products.

 D. Web site and Paper Catalog Disclosures

    The Commission proposes several amendments to enhance the energy 
information available to consumers in ``catalogs'' (i.e., print 
catalogs and Web sites selling covered products).\28\ First, the 
amendments would require retail Web sites to post the full EnergyGuide 
or Lighting Facts label online.\29\ The Rule would require these Web 
sites to post the full label or to use an FTC-provided icon to link 
consumers to the full version of the EnergyGuide or Lighting Facts 
label. Second, to ensure that retail Web sites have access to the 
label, the amendments would require that manufacturers make the 
EnergyGuide and Lighting Facts labels

[[Page 15301]]

easily available online. Third, the proposed amendments provide 
specifications that retail Web sites must follow for the format and 
placement of the required information (e.g., label or icon). Finally, 
for paper catalogs, the proposed amendments would continue to allow 
retailers to use an abbreviated text disclosure in lieu of the full 
label, due to space and cost constraints.
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    \28\ These proposed amendments preserve the current Rule's 
definition of ``catalog'' to encompass both print and online 
formats. The current rule defines ``catalog'' as ``printed material, 
including material disseminated over the Internet, which contains 
the terms of sale, retail price, and instructions for ordering, from 
which a retail consumer can order a covered product.'' 16 CFR 
305.2(h).
    \29\ This proposal is consistent with current requirements for 
television labels. See 76 FR 1038.
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    Under the proposed amendments, Web sites selling EnergyGuide- or 
Lighting Facts-labeled products would be required to display the full 
label (either on the product page or through a link). The current Rule 
does not require Web sites (or paper catalogs) to include the full 
label, and instead allows an abbreviated, text-only disclosure. The 
Commission allowed these abbreviated disclosures due to space 
constraints and the costs of printing the full label would impose on 
marketers.\30\ However, in reaching this decision, the Commission did 
not examine the differences between Web sites and paper catalogs and 
their relative capacities to display information. Subsequently, during 
the television labeling rulemaking, the Commission determined that 
while paper catalogs continue to have space constraints and associated 
costs justifying the abbreviated disclosures, this rationale does not 
apply to Web sites. Accordingly, the Commission required Web sites 
selling televisions to include the full label or a special icon linking 
to the label.\31\ For the same reasons, the Commission now proposes to 
require Web sites to include the full label for all EnergyGuide and 
Lighting Facts-labeled products they sell.
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    \30\ 72 FR 49948, 49961 (Aug. 29, 2007).
    \31\ Id.
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    Under the proposal, Web sites either could place the full label on 
the product's detailed description page, or, to minimize design impact 
on their sites, they could use a small EnergyGuide or Lighting Facts 
logo icon provided by FTC to link to the full label. The proposed rule 
allows Web sites to scale the icon (as well as the label) appropriately 
to accommodate their layout as long they remain readable and 
recognizable. The new icon would apply to all products subject to the 
EnergyGuide or Lighting Facts requirements, including televisions.
    Recently, a group of petitioners raised concerns that consumers may 
view the icon as an endorsement or general claim about a product's 
environmental quality, rather than as an energy cost disclosure.\32\ 
The petitioners also noted that some Web sites already voluntarily 
display an EnergyGuide icon, but create confusion by adding text (e.g., 
``EnergyGuide rated'') which might imply to consumers that the icon 
constitutes an endorsement or a general environmental claim.\33\ In 
light of these concerns, the Commission proposes an icon which 
integrates the text ``Click for this product's energy information'' 
into the icon design. This additional text is designed to help 
consumers understand that the icon is a link to label information, and 
not a product endorsement or environmental claim.\34\ The Commission 
seeks comment on this proposal.
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    \32\ Petition of American Council for an Energy Efficient 
Economy, Consumers Union, and Public Citizen, 10 (July 22, 2011), 
available at http://earthjustice.org/sites/default/files/Petition-to-amend-catalog-rule.pdf.
    \33\ Id.
    \34\ When using the FTC icon for televisions under current 
requirements, sellers should not include language that might imply 
the icon constitutes an endorsement or an environmental claim. For 
example, adding the words ``EnergyGuide Rated'' near the icon could 
suggest that the icon represents a product endorsement or a 
``green'' claim about the product, rather than a neutral disclosure 
of energy costs. Such language may be deceptive under section 5 of 
the FTC Act, 15 U.S.C. 45. If the Commission finalizes the proposed 
catalog amendments, marketers will have to follow the same approach 
for other products.
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    The petitioners also argued that in light of potential confusion, 
the Commission should not allow an icon at all, and should instead 
require the full label on the main product pages. The Commission seeks 
comment on whether requiring the full label, instead of a link to the 
label, is necessary. In particular, commenters should consider whether 
such a requirement would unduly impede Web site design and whether the 
use of the icon with the explanatory text, as proposed in this notice, 
would address the concern raised by the petitioners.
    Second, to facilitate retailer compliance with the Rule, the 
proposed amendments require that manufacturers make images of their 
labels available on a Web site for linking and downloading by both 
paper catalogs and Web sites. Under the proposal, the labels must 
remain available online for two years after the manufacturer ceases to 
make the model. This proposed requirement is based on EPCA's mandate 
that manufacturers ``provide'' a label and is consistent with the 
recent television label rules.\35\
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    \35\ 42 U.S.C. 6296(a); 76 FR 1038. Catalog sellers (both paper 
and Web sites) may create their own versions of the labels rather 
than using the images provided by the manufacturers, as long as the 
labels conform to all the specifications in the amended Rule.
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    Third, the proposed amendments provide specifications about the 
format and placement of the required information on Web sites. In the 
recent television labeling proceeding, the Natural Resources Defense 
Council (NRDC) raised concerns that consumers must navigate several 
layers of information to obtain EnergyGuide information on some Web 
sites.\36\ NRDC argued consumers should not have to scroll down or 
switch to another tab or page to see the icon.\37\ To address these 
concerns, the Commission proposes to require that the label or icon be 
displayed ``clearly and conspicuously and in close proximity to the 
covered product's price.'' This proposal, which is consistent with the 
new television label requirements, should help ensure that consumers 
can easily view the label or icon while shopping online without 
excessive scrolling or clicking, and still providing flexibility to Web 
site designers. To minimize burden, the label or icon would only need 
to appear on ``each Web page that contains a detailed description of 
the covered product and its price,'' rather than alongside every image 
of a covered product on the site. This would reduce the burden for Web 
sites that include abbreviated summary pages listing several different 
models with links to a more detailed individual product page.\38\
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    \36\ See NRDC comments, Aug. 10, 2010, 547194-00011. 
(http://www.ftc.gov/os/comments/tvenergylabelsnprm/547194-00011.pdf).
    \37\ 76 FR at 1046.
    \38\ Similarly, the proposed amendments would require that Web 
site disclosures for required non-label markings or text (e.g., 
gallons per minute for showerheads and faucets) must be displayed 
clearly and conspicuously and in close proximity to the product's 
price on the Web page. The amendments would not impose any design or 
font size requirements for these disclosures, other than that they 
be clear and conspicuous.
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    Finally, for paper catalogs, the amendments would continue to allow 
an abbreviated text disclosure in lieu of the full label. Due to the 
space and cost constraints involved with paper catalogs, inclusion of 
the entire label may be impractical.\39\
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    \39\ The proposed amendments also state that if paper catalogs 
display more than one covered product model on a page, the seller 
may disclose the utility rates or usage assumptions underlying the 
energy information (i.e., 10.65 cents per kWh, 8 cycles per week, 
etc.) only once per page for each type of product (e.g., a single 
footnote for all refrigerators advertised on the page) rather than 
repeating the information for each advertised model. The disclosure 
must be clear and conspicuous.
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    The Commission seeks comment on these proposals. In particular, 
comments should address whether the Rule should require paper catalogs 
to place these required disclosures in close proximity to the product's 
price, as the proposed amendments would require for Web sites. The 
Commission also seeks

[[Page 15302]]

information on whether the various formats and space limitations 
associated with paper catalogs would render such a requirement 
impractical in many cases.
    In addition, commenters should address: how the Commission's 
proposal would impact Web site usability and whether it would allow 
consumers to easily find EnergyGuide and Lighting Facts information 
online; whether the proposed amendments provide adequate guidance to 
Web site designers; the time necessary for catalog sellers and 
manufacturers to conform to these proposed requirements; and the costs 
and benefits of the proposal for businesses and consumers.

E. Ceiling Fan Labels

    The Commission proposes to enhance the existing ceiling fan label 
by requiring estimated annual energy cost information as the primary 
disclosure on ceiling fan labels. The current label, which appears on 
product boxes, provides information on airflow (cubic feet per minute), 
energy use in watts, and energy efficiency (cubic feet per minute per 
watt). Consistent with most other EnergyGuide labels, the Commission 
proposes to change this current label to focus on energy cost 
information while presenting existing label information in a less 
prominent manner. As the Commission has indicated in the past, consumer 
research suggests energy cost ``provides a clear, understandable tool 
to allow consumers to compare the energy performance of different 
models.'' \40\ As with the EnergyGuide label for appliances, the new 
ceiling fan label would state that ``Your cost will depend on your 
utility rates and use.'' The proposed yellow label features the 
familiar ``EnergyGuide'' title used for appliances and televisions. The 
proposed usage and rate assumptions for this energy cost are six hours 
use per day (at high speed) and eleven cents per kWh/hour.\41\ To 
minimize the burden caused by this change, the Rule would provide 
manufacturers two years to change their packaging.
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    \40\ 72 FR 49948, 49959 (Aug. 29, 2007) (appliance labels); see 
also 75 FR 41696 (July 19, 2010) (light bulb labels); 76 FR 1038 
(Jan. 6, 2011) (television labels).
    \41\ The six hour duty cycle estimate is consistent with earlier 
research on ceiling fans. See Davis Energy Group (Prepared for 
Pacific Gas & Electric), Analysis of Standards Options For Ceiling 
Fans, May 2004 (http://www.energy.ca.gov/appliances/2003rulemaking/documents/case_studies/CASE_Ceiling_Fan.pdf). The 11 cent 
electricity cost figure, which is based on DOE information, also 
appears on recently amended light bulb labels and television labels. 
See 75 FR 41696 and 75 FR 12470.
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    The Commission seeks comment on this proposal, including whether 
six hours per day is an appropriate usage assumption for determining 
estimated annual energy cost. Additionally, in recent consumer research 
on light bulb labels, efficiency ratings performed poorly in helping 
study participants choose efficient products.\42\ Comments should 
address whether ceiling fan labels raise similar issues and, if so, 
whether efficiency ratings should continue to appear on the labels. 
Finally, comments should address whether two years is sufficient lead 
time for manufacturers to come into compliance with a requirement to 
label packages without undue burden, or whether the changes can be made 
in less, or more, time.
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    \42\ See 75 FR 41696, 41703-4 (July 19, 2010).
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F. Clothes Washer Capacity

    The Commission proposes to require EnergyGuide labels for clothes 
washers to disclose specific capacity information (i.e., cubic feet). 
Current EnergyGuide labels indicate whether the model is a ``standard'' 
or ``compact'' but do not provide a specific volume (e.g., 3.5 cubic 
feet). The vast majority of models are ``standard'' size, but capacity 
among standard models varies significantly. Therefore, the general 
capacity disclosure provides little assistance to consumers. A specific 
capacity disclosure should help consumers make important product 
comparisons. It would also complement recent DOE and industry efforts 
to ensure consistency in clothes washer capacity disclosures which 
would provide consumers with consistent information whether they are 
looking at FTC labels, manufacturer advertising, or DOE certification 
data.\43\ Under the proposed amendment, manufacturers would continue to 
measure capacity using DOE procedures. The Commission seeks comments on 
this proposal, including the time needed to make the proposed changes.
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    \43\ See 75 FR 57556, 57575 (Sep. 21, 2010) and http://www.aham.org/ht/a/GetDocumentAction/i/51727.
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G. QR Codes on EnergyGuide Labels

    The Commission also seeks comments on whether to require 
manufacturers to place QR (``Quick Response'') codes on the EnergyGuide 
labels. QR codes are two dimensional black and white matrix barcodes 
that provide access to a Web site by scanning the code with a mobile 
phone equipped with scanning software. If implemented, consumers could 
connect instantly to government Web sites or other sources providing 
detailed product information, such as the broad energy impacts and 
greenhouse gas emissions associated with a product's use.\44\
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    \44\ Recently, DOE announced plans to work collaboratively with 
the FTC to provide consumers with information about the broad energy 
use impacts and greenhouse gas emissions of covered products. As 
part of this announcement, DOE described plans to consider ``full-
fuel-cycle'' (``FFC'') measures for emissions and energy in 
developing energy efficiency standards. Such measures would include, 
for example, the energy consumed in extracting and transporting 
primary fuels involved in powering home appliances. Currently, DOE 
only considers ``site'' energy measures (e.g., the electricity 
consumers use to run their appliances). 76 FR 51281 (Aug. 18, 2011).
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    The Commission seeks comment on whether it should pursue such 
provisions.\45\ In particular, comments should address whether the 
codes would be helpful to consumers in purchasing or using products, 
and whether they should link to any particular information about 
covered products. Comments should also address whether these codes 
raise particular technical challenges or pose any significant burdens 
for manufacturers. Finally, comments should address the time needed to 
make any proposed changes.
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    \45\ This Notice does not contain specific rule language for 
this proposal.
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H. Definitions of Refrigerator and Refrigerator Freezers

    On December 16, 2010,\46\ DOE, as part of amendments to 
refrigerator test procedures, issued revised definitions for the terms 
``electric refrigerator'' and ``electric refrigerator-freezer.'' The 
Commission proposes to conform its own definitions for these terms to 
ensure consistency between FTC and DOE requirements.
---------------------------------------------------------------------------

    \46\ 75 FR 78810.
---------------------------------------------------------------------------

I. Clarification of Prohibited Acts Provision

    The proposed rule would clarify penalty assessments for several 
non-labeling violations listed in Sec.  305.4(b). These violations 
include the refusal to allow access to records, refusal to submit 
required data reports, refusal to permit FTC officials to observe 
testing, refusal to supply units for testing, and failure to disclose 
required energy information in catalogs (i.e., Web sites and paper 
catalogs).\47\ The current Rule does not specify the method (e.g., per 
day) for assessing penalties for these non-labeling violations.\48\
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    \47\ 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).
    \48\ In contrast, the current Rule does provide the basis for 
labeling violations. Specifically, consistent with EPCA (42 U.S.C. 
6303(a)), Sec.  305.4(a) states that labeling violations are 
assessed on a per unit basis.

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[[Page 15303]]

    The proposed amendments would clarify that these violations are 
subject to civil penalties calculated on a per model per day basis.\49\ 
For example, a manufacturer's refusal to submit required reports 
accrues a fine of up to $110 per day for each model subject to the 
reporting requirements. In addition, a Web site seller's failure to 
post required label information accrues a fine of up to $110 per day 
for each model on the Web site lacking the disclosure.
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    \49\ The per day per model basis is consistent with EPCA's 
enforcement provisions. See 42 U.S.C. 6302, 6303 and 16 CFR 
305.4(a). It is also consistent with recent DOE enforcement guidance 
for the same and similar provisions. See, e.g., DOE ``Guidance on 
the Imposition of Civil Penalties for Violations of EPCA 
Conservation Standards and Certification Obligations,'' http://www.doe.gov/sites/prod/files/gcprod/documents/Penalty_Guidance_5_7_2010__final_%282%29.pdf.
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J. Amended Rule Title

    Finally, the Commission proposes to shorten the Rule's title. When 
originally promulgated in 1979, the Rule applied only to appliances. 
Subsequently, the Rule expanded well beyond those products to include 
lighting, plumbing, and consumer electronics. Accordingly, the 
Commission proposes to change the Rule's title from ``Part 305--Rule 
Concerning Disclosures Regarding Energy Consumption and Water Use Of 
Certain Home Appliances and Other Products Required Under the Energy 
Policy And Conservation Act (`Appliance Labeling Rule')'' to ``Part 
305--Energy And Water Use Labeling For Consumer Products Under The 
Energy Policy and Conservation Act (`Energy Labeling Rule')''.

III. Section by Section Description of Proposed Changes

    Rule Title: The proposed amendments would shorten the Rule's title.
    Description of Covered Products (305.3): The proposed amendments 
would amend the definitions for refrigerator products to ensure 
consistency with DOE requirements.
    Prohibited Acts (305.4): The proposed amendments would clarify that 
civil penalties assessed per day under Sec.  305.4(b) accrue on a per 
model basis.
    Test Procedures (305.5): The proposed amendments would harmonize 
FTC test procedure requirements with DOE rules.
    Manufacturer Duty to Provide Labels (305.6): The proposed revisions 
would require manufacturers to make copies of the EnergyGuide and 
Lighting Facts labels available to the public on a Web site at no 
charge.
    Clothes Washer Volume (305.7): The proposed amendments would 
require EnergyGuide labels to disclose clothes washer capacity in cubic 
feet.
    Submission of Data (305.8): The proposed amendments would require 
manufacturers to make a copy of the EnergyGuide label publicly 
available. They also would allow manufacturers to submit data required 
by Sec.  305.8 to the DOE in lieu of submitting it to the Commission.
    Appliance Label Placement (305.11): The proposed amendments would 
require adhesive EnergyGuide labels for all appliances with the 
exception of room air conditioners. The amendments also would require a 
QR code on the label. Finally, the amendments would require room air 
conditioner manufacturers to print or affix the label on the product 
package.
    Heating and Cooling Equipment (305.12): The proposed amendments 
would allow the ENERGY STAR logo on heating and cooling equipment to be 
wider than one inch. This minor, non-substantive change accommodates 
new, wider ENERGY STAR logos developed by the Environmental Protection 
Agency for these products.
    Ceiling Fan Label Content (305.13): The proposed amendments would 
require Ceiling Fan labels to display an estimated annual energy cost 
based on six hours of use per day and eleven cents per kWh.
    Television Labels (305.17): The proposed amendments would clarify 
the television labeling provisions by indicating that manufacturers of 
televisions with screen sizes of nine inches or fewer (measured 
diagonally) may print or affix the EnergyGuide label on the product 
package.\50\
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    \50\ 76 FR at 1044. The Federal Register notice accompanying the 
television labeling amendments to the Rule stated that televisions 
smaller than 9'' may be labeled on the box rather than on the 
screen. However, the final rule language did not reflect this.
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    Catalog Requirements (305.20): The proposed amendments would 
require Web site sellers to post images of EnergyGuide and Lighting 
Facts labels online for the products they sell. They also revise 
disclosure requirements for paper and Web site catalogs.

IV. Regulatory Review

    The Commission conducts scheduled reviews of its rules and guides 
in an effort to seek information about their costs and benefits as well 
as their regulatory and economic impact.\51\ In addition to the 
specific issues discussed above, the Commission solicits general 
comments on, among other things, the economic impact of, and the 
continuing need for, the Rule; possible conflicts between the Rule and 
state, local, or other federal laws; and the effect on the Rule of any 
technological, economic, or other industry changes. If comments 
identify additional amendments that would improve the existing Rule, 
the Commission will consider issuing a supplemental notice seeking 
comments on such changes.
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    \51\ In comments responding to the Commission's recently 
published Ten-Year Regulatory Review Schedule (76 FR 41150 (July 13, 
2011)), the Association of Home Appliance Manufacturers (AAHAM@) and 
Whirlpool Corporation (``Whirlpool''), urged the Commission to 
reconsider its earlier decision to accelerate review of the 
Appliance Labeling Rule. The two comments are available at http://www.ftc.gov/os/comments/regulatoryreviewschedule/index.shtm. AHAM 
asserted, and Whirlpool concurred, that the Commission should avoid 
frequent rule revisions unless existing requirements are outdated, 
overly burdensome, or deficient. However, the Rule warrants a 
comprehensive review at this time to allow the Commission to 
consider burden reductions associated with existing reporting 
requirements, explore ways to reduce the number of labels missing in 
showrooms, improve access to label information on retail Web sites, 
and consider whether additional consumer products should have energy 
labels. Therefore, the Commission has proceeded with the Rule's 
scheduled review. AHAM's comments also recommended that the 
Commission reduce duplicative FTC and DOE reporting requirements. 
The amendments proposed in the present Notice address these 
concerns. Finally, AHAM urged a reduction in the amount of 
information collected in DOE's certification reports. The FTC will 
provide AHAM's comments to DOE.
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    The Commission is interested in receiving data, surveys and other 
empirical evidence to support comments submitted in response to this 
notice. As part of the regulatory review, the Commission is 
particularly interested in receiving comments and supporting data in 
response to the following questions:
    (1) Is there a continuing need for the Rule as currently 
promulgated? Why or why not?
    (2) What benefits has the Rule provided to, or what significant 
costs has the Rule imposed on, consumers? Provide any evidence 
supporting your position.
    (3) What modifications, if any, should the Commission make to the 
Rule to increase its benefits or reduce its costs to consumers?
    (a) Provide any evidence supporting your proposed modifications.
    (b) How would these modifications affect the costs and benefits of 
the Rule for consumers?
    (c) How would these modifications affect the costs and benefits of 
the Rule for businesses, particularly small businesses?
    (4) What impact has the Rule had on the flow of truthful 
information to consumers and on the flow of deceptive information to 
consumers? Provide any evidence supporting your position.
    (5) What benefits, if any, has the Rule provided to, or what 
significant costs,

[[Page 15304]]

including costs of compliance, has the Rule imposed on businesses, 
particularly small businesses? Provide any evidence supporting your 
position.
    (6) What modifications, if any, should be made to the Rule to 
increase its benefits or reduce its costs to businesses, particularly 
small businesses?
    (a) Provide any evidence supporting your proposed modifications.
    (b) How would these modifications affect the costs and benefits of 
the Rule for consumers?
    (c) How would these modifications affect the costs and benefits of 
the Rule for businesses, particularly small businesses?
    (7) Provide any evidence concerning the degree of industry 
compliance with the Rule. Does this evidence indicate that the Rule 
should be modified? If so, why, and how? If not, why not?
    (8) Provide any evidence concerning whether any of the Rule's 
provisions are no longer necessary. Explain why these provisions are 
unnecessary.
    (9) What modifications, if any, should be made to the Rule to 
account for current or impending changes in technology or economic 
conditions?
    (a) Provide any evidence supporting the proposed modifications.
    (b) How would these modifications affect the costs and benefits of 
the Rule for consumers and businesses, particularly small businesses?
    (10) Does the Rule overlap or conflict with other federal, state, 
or local laws or regulations? If so, how?
    (a) Provide any evidence supporting your position.
    (b) With reference to the asserted conflicts, should the Rule be 
modified? If so, why, and how? If not, why not?
    (c) Provide any evidence concerning whether the Rule has assisted 
in promoting national consistency with respect to energy labeling.
    (11) Are there foreign or international laws, regulations, or 
standards with respect to energy labeling that the Commission should 
consider as it reviews the Rule? If so, what are they?
    (a) Should the Rule be modified in order to harmonize with these 
international laws, regulations, or standards? If so, why, and how? If 
not, why not?
    (b) How would such harmonization affect the costs and benefits of 
the Rule for consumers and businesses, particularly small businesses?
    (c) Provide any evidence supporting your position.
    (12) Are there any consumer products, not currently under review, 
that the Commission should consider for energy labeling?
    (13) Is there any information not submitted in earlier proceedings 
that the Commission should consider about possible consumer electronics 
labeling? \52\
---------------------------------------------------------------------------

    \52\ 76 FR 1038 (Jan. 6, 2011) (Federal Register Notice on 
consumer electronics labeling).
---------------------------------------------------------------------------

    (a) Are there any new developments in test procedures for consumer 
electronics relevant to possible labeling requirements?
    (b) Are there new consumer electronics products on the market that 
the Commission should consider for consumer energy labeling?
    (c) Is there new information consumer electronics marketing or 
buying patterns that would aid the Commission in considering new 
labeling requirements?
    (14) Is our business compliance guidance and consumer education 
about the Rules useful? Can they be improved? If so, how? Should the 
Commission print copies of these materials, or is a pdf at 
www.business.ftc.gov sufficient for business and consumer needs?

VI. Request for Comment

    The Commission invites interested persons to submit written 
comments on any issue of fact, law, or policy that may bear upon the 
FTC's proposed labeling requirements. Please provide explanations for 
your answers and supporting evidence where appropriate. After examining 
the comments, the Commission will determine whether to issue final 
amendments.
    All comments should be filed as prescribed below, and must be 
received by May 16, 2012. Interested parties are invited to submit 
written comments electronically or in paper form. Comments should refer 
to ``Appliance Labeling Amendments, Matter No. R611004'' to facilitate 
the organization of comments. Please note that your comment B including 
your name and your state B will be placed on the public record of this 
proceeding, including on the publicly accessible FTC Web site, at 
http://www.ftc.gov/os/publiccomments.shtm.
    Because comments will be made public, they should not include any 
sensitive personal information, such as any individual's Social 
Security Number; date of birth; driver's license number or other state 
identification number, or foreign country equivalent; passport number; 
financial account number; or credit or debit card number. Comments also 
should not include any sensitive health information, such as medical 
records or other individually identifiable health information. In 
addition, comments should not include ``[t]rade secret or any 
commercial or financial information which is obtained from any person 
and which is privileged or confidential'' as provided in Section 6(f) 
of the Federal Trade Commission Act (``FTC Act''), 15 U.S.C. 46(f), and 
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing matter for 
which confidential treatment is requested must be filed in paper form, 
must be clearly labeled ``Confidential,'' and must comply with FTC Rule 
4.9(c).\53\
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    \53\ The comment must be accompanied by an explicit request for 
confidential treatment, including the factual and legal basis for 
the request, and must identify the specific portions of the comment 
to be withheld from the public record. The request will be granted 
or denied by the Commission's General Counsel, consistent with 
applicable law and the public interest. See FTC Rule 4.9(c), 16 CFR 
4.9.(c).
---------------------------------------------------------------------------

    Because paper mail addressed to the FTC is subject to delay due to 
heightened security screening, please consider submitting your comments 
in electronic form. Comments filed in electronic form should be 
submitted using the following weblink: https://ftcpublic.commentworks.com/ftc/energylabelingamendmentsnprm (and 
following the instructions on the web-based form). To ensure that the 
Commission considers an electronic comment, you must file it on the 
web-based form at the weblink https://ftcpublic.commentworks.com/ftc/energylabelingamendmentsnprm. If this Notice appears at http://www.regulations.gov/#!home, you may also file an electronic comment 
through that Web site. The Commission will consider all comments that 
regulations.gov forwards to it. You may also visit the FTC Web site at 
http://www.ftc.gov to read the Notice and the news release describing 
it.
    A comment filed in paper form should include the ``Appliance 
Labeling Amendments, Matter No. R611004'' reference both in the text 
and on the envelope, and should be mailed or delivered to the following 
address: Federal Trade Commission, Office of the Secretary, Room H-135 
(Annex A), 600 Pennsylvania Avenue, NW., Washington, DC 20580. The FTC 
is requesting that any comment filed in paper form be sent by courier 
or overnight service, if possible, because U.S. postal mail in the 
Washington area and at the Commission is subject to delay due to 
heightened security precautions.
    The FTC Act and other laws that the Commission administers permit 
the collection of public comments to consider and use in this 
proceeding as appropriate. The Commission will consider all timely and 
responsive public comments that it receives,

[[Page 15305]]

whether filed in paper or electronic form. Comments received will be 
available to the public on the FTC Web site, to the extent practicable, 
at http://www.ftc.gov/os/publiccomments.shtm. As a matter of 
discretion, the FTC makes every effort to remove home contact 
information for individuals from the public comments it receives before 
placing those comments on the FTC Web site. More information, including 
routine uses permitted by the Privacy Act, may be found in the FTC's 
privacy policy, at http://www.ftc.gov/ftc/privacy.htm.
    Because written comments appear adequate to present the views of 
all interested parties, the Commission has not scheduled an oral 
hearing regarding these proposed amendments. Interested parties may 
request an opportunity to present views orally. If such a request is 
made, the Commission will publish a document in the Federal Register 
stating the time and place for such oral presentation(s) and describing 
the procedures that will be followed. Interested parties who wish to 
present oral views must submit a hearing request, on or before March 
20, 2012, in the form of a written comment that describes the issues on 
which the party wishes to speak. If there is no oral hearing, the 
Commission will base its decision on the written rulemaking record.

VII. Paperwork Reduction Act

    The current Rule contains recordkeeping, disclosure, testing, and 
reporting requirements that constitute ``information collection 
requirements'' as defined by 5 CFR 1320.3(c), the regulation that 
implements the Paperwork Reduction Act (PRA).\54\ OMB has approved the 
Rule's existing information collection requirements through Jan. 31, 
2014 (OMB Control No. 3084-0069). As described below, the proposed 
amendments modify (to a minor degree) the current Rule's existing 
labeling and reporting requirements.\55\ Accordingly, the Commission is 
submitting this proposed Rule and an associated PRA Supporting 
Statement to OMB for review.
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    \54\ 44 U.S.C. 3501-3521.
    \55\ For 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.
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    Manufacturer EnergyGuide Images Online: The proposed Rule requires 
manufacturers to post images of their EnergyGuide and Lighting Facts 
labels on their Web sites. Given approximately 15,000 total models \56\ 
at an estimated five minutes per model,\57\ this requirement will 
entail a burden of 1,250 hours.\58\ Assuming that the additional 
disclosure requirement will be implemented by graphic designers at a 
mean hourly wage of $23.42 per hour,\59\ the associated labor cost 
would approximate $29,300 per year.
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    \56\ This is an FTC staff estimate based on data submitted by 
manufacturers to the FTC pursuant to the current Rule.
    \57\ This estimate is based on FTC staff's general knowledge of 
manufacturing practices.
    \58\ Unlike 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).
    \59\ See U.S. Department of Labor, National Compensation Survey: 
Occupational Earnings in the United States 2010 (May 2011), Bulletin 
2753, Table 3 at 3-13 (``Full-time civilian workers,'' mean and 
median hourly wages), available at  http://www.bls.gov/ncs/ncswage2010.htm.
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    Adhesive EnergyGuide Labels: The proposed amendments would require 
manufacturers of products with the EnergyGuide label to change 
information on the label and, in some cases, convert their labels from 
hang tags to adhesive labels. Under the current Rule, manufacturers 
routinely change labels to reflect new range and cost data, which is 
already accounted for by previous burden analyses for the Rule. Thus, 
such a change should not impose any additional burden.
    Ceiling Fan, Clothes Washer, and Room Air Conditioner Labels: 
Changes to ceiling fan, clothes washer, and room air conditioner labels 
should impose no additional burden. Because the amendments will provide 
manufacturers with ample time to make such changes, manufacturers 
should be able to incorporate these changes into their normal schedules 
for package and label printing.
    Catalog Disclosures: The Commission's past estimate of the Rule's 
burden on catalog sellers (including Internet sellers) has assumed 
conservatively that catalog sellers must enter their data for each 
product into the catalog each year (see, e.g., 71 FR 78057, 78062 (Dec. 
28, 2006)).\60\ The proposed amendments do not alter that assumption as 
they would require just a one-time change of all products in affected 
catalogs. This one-time adjustment is consistent with, and accounted 
for by this prior assumption and the associated burden estimates for 
catalog sellers. Accordingly, the Commission believes no modification 
to existing burden estimates for catalog sellers is necessary.
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    \60\ This 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.
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    Estimated annual non-labor cost burden: Any capital costs 
associated with the amendments are likely to be minimal.
    The Commission invites comments that will enable it to: (1) 
Evaluate whether the proposed collections of information are necessary 
for the proper performance of the functions of the Commission, 
including whether the information will have practical utility; (2) 
evaluate the accuracy of the Commission's estimate of the burden of the 
proposed collections of information, including the validity of the 
methodology and assumptions used; (3) enhance the quality, utility, and 
clarity of the information to be collected; and (4) minimize the burden 
of the collections of information on those who must comply, including 
through the use of appropriate automated, electronic, mechanical, or 
other technological techniques or other forms of information 
technology.
    Comments on any proposed recordkeeping, disclosure, testing, or 
reporting requirements that are subject to OMB review under the PRA 
should additionally be submitted to: Office of Information and 
Regulatory Affairs, Office of Management and Budget, Attention: Desk 
Officer for Federal Trade Commission. Comments should be submitted via 
facsimile to (202) 395B5167 because U.S. postal mail at the OMB is 
subject to lengthy delays due to heightened security precautions.

VIII. Regulatory Flexibility Act

    The Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601-612, 
requires that the Commission provide an Initial Regulatory Flexibility 
Analysis (``IRFA'') with a proposed Rule and a Final Regulatory 
Flexibility Analysis (``FRFA''), with the final Rule, if any, unless 
the Commission certifies that the Rule will not have a significant 
economic impact on a substantial number of small entities. See 5 U.S.C. 
603-605.
    The Commission does not anticipate that the proposed Rule will have 
a significant economic impact on a substantial number of small 
entities. The Commission recognizes that some of the affected 
manufacturers may qualify as small businesses under the relevant 
thresholds. However, the Commission does not expect that the 
requirements specified in the proposed Rule will have a significant 
impact on these entities because, as discussed in the previous section, 
the proposed amendments involve formatting changes to labels and Web 
site changes that

[[Page 15306]]

should not have a significant impact on affected entities, including 
small businesses.
    Accordingly, this document serves as notice to the Small Business 
Administration of the FTC's certification of no effect. To ensure the 
accuracy of this certification, however, the Commission requests 
comment on whether the proposed Rule will have a significant impact on 
a substantial number of small entities, including specific information 
on the number of entities that would be covered by the proposed Rule, 
the number of these companies that are ``small entities,'' and the 
average annual burden for each entity. Although the Commission 
certifies under the RFA that the Rule proposed in this notice would 
not, if promulgated, have a significant impact on a substantial number 
of small entities, the Commission has determined, nonetheless, that it 
is appropriate to publish an IRFA in order to inquire into the impact 
of the proposed Rule on small entities. Therefore, the Commission has 
prepared the following analysis:

A. Description of the Reasons That Action by the Agency Is Being Taken

    The Commission has initiated this rulemaking to reduce the Rule's 
reporting burdens, increase the availability of energy labels to 
consumers while minimizing burdens on industry, and generally improve 
existing requirements.

B. Statement of the Objectives of, and Legal Basis for, the Proposed 
Rule

    The objective of the proposed Rule is to improve the effectiveness 
of the current energy labeling program which will assist consumers in 
their purchasing decisions while minimizing industry burden. The legal 
basis for this Rule is the EPCA (42 U.S.C. 6291 et seq.).

C. Small Entities to Which the Proposed Rule Will Apply

    Under the Small Business Size Standards issued by the Small 
Business Administration, the standards for various affected entities 
are as follows: refrigerator manufacturers--up to 1,000 employees; 
other appliance manufacturers--up to 500 employees; appliances stores--
up to $10 million in annual receipts; television stores--up to $25.5 
million in annual receipts, and light bulb manufacturers--up to 1,000 
employees. The Commission estimates that fewer than 600 entities 
subject to the proposed Rule's requirements qualify as small 
businesses. The Commission seeks comment and information with regard to 
the estimated number or nature of small business entities for which the 
proposed Rule would have a significant economic impact.

D. Projected Reporting, Recordkeeping and Other Compliance Requirements

    The Commission recognizes that the proposed labeling changes will 
involve some burdens on affected entities. However, the amendments 
should not have a significant impact on small entities. The proposed 
amendments would require manufacturers of products with the EnergyGuide 
label to change information on the label and, in some cases, convert 
their labels from hang tags to adhesive labels. Changes to ceiling fan, 
clothes washer, and room air conditioner labels should impose no 
additional burden because the proposed amendments should give 
manufacturers time to incorporate the changes into their normal label 
production schedules at minimal cost. Because the amendments would 
provide manufacturers with ample time to make such changes, 
manufacturers should be able to incorporate these changes into their 
normal schedules for package and label printing. Online sellers would 
have to make changes to ensure their Web sites provide the full 
EnergyGuide or Lighting Facts label. There should be no capital costs 
associated with the amendments. The Commission invites comment and 
information on these issues.

E. Duplicative, Overlapping, or Conflicting Federal Rules

    The Commission has not identified any other federal statutes, 
rules, or policies that would duplicate, overlap, or conflict with the 
proposed Rule. In fact, the proposed amendments should reduce 
duplication between FTC and DOE reporting requirements.

F. Significant Alternatives to the Proposed Rule

    The Commission seeks comment and information on the need, if any, 
for alternative compliance methods that, consistent with the statutory 
requirements, would reduce the economic impact of the rule on such 
small entities. As one alternative to reduce burden, the Commission 
could delay the effective date of the amendments to provide additional 
time for small business compliance. In addition, the Commission could 
consider different compliance dates, reporting requirements, or 
exemptions for small entities. Comments filed in response to this 
notice should identify small entities that are affected by the Rule, as 
well as alternative methods of compliance that would reduce the 
economic impact of the Rule on small entities. The Commission will 
consider the feasibility of such alternatives and determine whether 
they should be incorporated into the final rule.

IX. Communications by Outside Parties to the Commissioners or Their 
Advisors

    Written communications and summaries or transcripts of oral 
communications respecting the merits of this proceeding, from any 
outside party to any Commissioner or Commissioner's advisor, will be 
placed on the public record. See 16 CFR 1.26(b)(5).

X. Proposed Rule Language

List of Subjects in 16 CFR Part 305

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

    For the reasons set out above, the Commission proposes the 
following amendments to 16 CFR part 305:

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

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

    Authority: 42 U.S.C. 6294.

    2. In Sec.  305.3, revise paragraph (a)(1) and (2) to read as 
follows:


Sec.  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 [deg]F (0 [deg]C) and below 39 [deg]F 
(3.9 [deg]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 [deg]F (0 [deg]C), but does not provide a 
separate low temperature compartment designed for the freezing and 
storage of food at temperatures below 8 [deg]F (-13.3 [deg]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 [deg]F (0 [deg]C) and below 39 
[deg]F (3.9 [deg]C), and with at least one of the compartments designed 
for the freezing and storage of food at

[[Page 15307]]

temperatures below 8 [deg]F (-13.3 [deg]C) which may be adjusted by the 
user to a temperature of 0 [deg]F (-17.8 [deg]C) or below. The source 
of refrigeration requires single phase, alternating current electric 
energy input only.
* * * * *
    3. In Sec.  305.4, revise paragraph (b) to read as follows:


Sec.  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 
Sec.  1.98 of this chapter, it shall be unlawful for any manufacturer 
or private labeler knowingly to:
* * * * *
    4. Section 305.5 is revised to read as follows:


Sec.  305.5  Determinations of estimated annual energy consumption, 
estimated annual operating cost, and energy efficiency rating, water 
use rate, and other required disclosure content.

    (a) Unless otherwise stated in paragraphs (b), (c), (d), or (e) of 
this section, the content of any disclosures required by this part must 
be determined in accordance with the procedures required by the 
Department of Energy as set forth in 10 CFR part 430, including test 
procedures in Sec.  430.23, sampling procedures in Sec.  430.24, 
laboratory accreditation in Sec.  430.25 for information required to be 
submitted to the Department, and testing procedure waivers granted 
pursuant to Sec.  430.27.
    (b) For any representations required by this part but not subject 
to 10 CFR part 430 requirements and not otherwise specified in this 
section, manufacturers and private labelers of any covered product must 
possess and rely upon a reasonable basis consisting of competent and 
reliable scientific tests and procedures substantiating the 
representation.
    (c) For representations of the light output for general service 
light-emitting diode (LED or OLED) lamps, the Commission will accept as 
a reasonable basis scientific tests conducted according to IES LM79.
    (d) Determinations of estimated annual energy consumption and 
estimated annual operating (energy) costs of televisions must be based 
on the procedures contained in the ENERGY STAR Version 4.2 test, which 
is comprised of the ENERGY STAR Program Requirements, Product 
Specification for Televisions, Eligibility Criteria Version 4.2 
(Adopted April 30, 2010); the Test Method (Revised Aug-2010); and the 
CEA Procedure for DAM Testing: For TVs, Revision 0.3 (Sept. 8, 2010). 
Annual energy consumption and cost estimates must be derived assuming 5 
hours in on mode and 19 hours in sleep (standby) mode per day. These 
ENERGY STAR requirements are incorporated by reference into this 
section. The Director of the Federal Register has approved these 
incorporations by reference in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. Copies of the test procedure may be inspected or obtained 
at the United States Environmental Protection Agency, ENERGY STAR 
Hotline (6202J), 1200 Pennsylvania Avenue NW., Washington, DC 20460, or 
at http://www.energystar.gov/ia/partners/product_specs/program_reqs/Televisions_Program_Requirements.pdf [Telephone: ENERGY STAR Hotline: 
1-888-782-7937]; at the Federal Trade Commission, Consumer Response 
Center, Room 130, 600 Pennsylvania Avenue NW., Washington, DC 20580 
[Telephone: 1-202-326-2830]; and at the National Archives and Records 
Administration, at http://www.archives.gov/federal-register/cfr/ibr-locations.html [Telephone: 1-202-741-6030].
    (e) Representations for ceiling fans under section 305.13 must be 
derived from procedures in 10 CFR 430.23.
    5. Section 305.6 is revised to read as follows:


Sec.  305.6  Manufacturer duty to provide labels.

    For each covered product that a manufacturer distributes in 
commerce which is required by this part to bear an EnergyGuide or 
Lighting Facts label, the manufacturer must make a copy of the label 
available on a publicly accessible Web site in a manner that allows 
catalog sellers to hyperlink to the label or download it for use in Web 
sites or paper catalogs. The labels must remain on the Web site for two 
years after the manufacturer ceases the model's production.
    6. In Sec.  305.7, revise paragraph (g) to read as follows:


Sec.  305.7  Determination of capacity.

* * * * *
    (g) Clothes washers. The capacity shall be the tub capacity as 
determined according to appendix J1 to 10 CFR part 430, expressed as 
cubic feet rounded to the nearest tenth of a foot.
* * * * *
    7. In Sec.  305.8, paragraph (a)(1) is revised to read as follows:


Sec.  305.8  Submission of data.

    (a)(1) Except as provided in paragraphs (a)(2) and (a)(3) of this 
section, each manufacturer of a covered product subject to the 
disclosure requirements of this part and subject to Department of 
Energy certification requirements in 10 CFR part 430 shall submit 
annually a report for each model in current production containing the 
same information that must be submitted to the Department of Energy 
pursuant to 10 CFR part 430 for that product, and that the Department 
has identified as public information pursuant to 10 CFR part 429. In 
lieu of submitting the required information to the Commission as 
required by this section, manufacturers may submit such information to 
the Department of Energy via the Compliance and Certification 
Management System (CCMS) at https://regulations.doe.gov/ccms as 
provided by 10 CFR 430.62.
    (2) Manufacturers or private labelers of ceiling fans shall submit 
annually a report containing the brand name, model number, diameter (in 
inches), wattage at high speed excluding any lights, and airflow 
(capacity) at high speed for each basic model in current production.
    (3) This section does not require reports for televisions and 
general service light-emitting diode (LED or OLED) lamps.
* * * * *
    8. In Sec.  305.11, paragraphs (d) and (e) are revised to read as 
follows:


Sec.  305.11  Labeling for refrigerators, refrigerator-freezers, 
freezers, dishwashers, clothes washers, water heaters, room air 
conditioners, and pool heaters.

* * * * *
    (d) Label type. (1) Except for room air conditioners as provided in 
paragraph (d)(2), manufacturers or private labelers must affix the 
labels to the product in the form of an adhesive label before 
distribution of the product into commerce. The adhesive labels should 
be applied so they can be easily removed without the use of tools or 
liquids, other than water, but should be applied with an adhesion 
capacity sufficient to prevent their dislodgment during normal handling 
throughout the chain of distribution to the consumer. The paper stock 
for pressure-sensitive or other adhesive labels shall have a basic 
weight of not less than 58 pounds per 500 sheets (25'' x 38'') or 
equivalent, exclusive of the release liner and adhesive. A minimum peel 
adhesion capacity for the adhesive of 12 ounces per square inch is 
suggested, but not required if the adhesive can otherwise meet the 
requirements of this paragraph.
    (2) Labels for room air conditioners shall be printed on or affixed 
to the

[[Page 15308]]

principal display panel of the product's packaging.
    (e) Placement. Manufacturers shall affix adhesive labels to the 
covered products before distribution into commerce in such a position 
that it is easily read by a consumer examining the product. The label 
generally should be located on the upper-right-front corner of the 
product's front exterior. However, some other prominent location, 
including a prominent location in the product's interior, may be used 
as long as the label will not become dislodged during normal handling 
throughout the chain of distribution to the retailer or consumer. The 
top of the label should not exceed 74 inches from the base of taller 
products. The label can be displayed in the form of a flap tag adhered 
to the top of the appliance and bent (folded at 90[deg]) to hang over 
the front, as long as this can be done with assurance that it will be 
readily visible and will not become dislodged.
* * * * *
    9. Section 305.12, paragraphs (f)(8)(iii) and (g)(9)(iii) are 
revised to read as follows:


Sec.  305.12  Labeling for central air conditioners, heat pumps, and 
furnaces.

* * * * *
    (f) * * *
    (8) * * *
    (iii) The manufacturer may include the ENERGY STAR logo on the 
bottom right corner of the label for qualified products. The logo must 
be 1 inch high and no greater than 3 inches wide. Only manufacturers 
that have signed a Memorandum of Understanding with the Department of 
Energy or the Environmental Protection Agency may add the ENERGY STAR 
logo to labels on qualifying covered products; such manufacturers may 
add the ENERGY STAR logo to labels only on those covered products that 
are contemplated by the Memorandum of Understanding.
* * * * *
    (g) * * *
    (9) * * *
    (iii) The manufacturer may include the ENERGY STAR logo on the 
bottom right corner of the label for qualified products. The logo must 
be 1 inch high and no greater than 3 inches wide. Only manufacturers 
that have signed a Memorandum of Understanding with the Department of 
Energy or the Environmental Protection Agency may add the ENERGY STAR 
logo to labels on qualifying covered products; such manufacturers may 
add the ENERGY STAR logo to labels only on those covered products that 
are contemplated by the Memorandum of Understanding.
    10. In Sec.  305.13 paragraph (a) is revised to read as follows:


Sec.  305.13  Labeling for ceiling fans.

    (a) Ceiling fans--
    (1) Content. Any covered product that is a ceiling fan shall be 
labeled clearly and conspicuously on the package's principal display 
panel with the following information in order from top to bottom on the 
label:
    (i) Headlines and text as illustrated in the prototype and sample 
labels in Appendix L to this part;
    (ii) the product's estimated annual operating cost based on 6 hours 
use per day and 11 cents per kWh.
    (iii) The product's airflow at high speed expressed in cubic feet 
per minute and determined pursuant to Sec.  305.5 of this part;
    (iv) The product's electricity usage at high speed expressed in 
watts and determined pursuant to Sec.  305.5 of this part as indicated 
in Ceiling Fan Label Illustration of appendix L of this part;
    (v) The following statement shall appear on the label for fans 
fewer than 49 inches in diameter: ``Compare: 36'' to 48'' ceiling fans 
have an estimated yearly energy cost ranging from approximately $2 to 
$53.'';
    (vi) The following statement shall appear on the label for fans 49 
inches or more in diameter: ``Compare: 49'' to 60'' ceiling fans have 
an estimated yearly energy cost ranging from approximately $3 to 
$29.''; and
    (vii) The ENERGY STAR logo as illustrated on the ceiling fan label 
illustration in Appendix L for qualified products, if desired by the 
manufacturer. Only manufacturers that have signed a Memorandum of 
Understanding with the Department of Energy or the Environmental 
Protection Agency may add the ENERGY STAR logo to labels on qualifying 
covered products; such manufacturers may add the ENERGY STAR logo to 
labels only on those products that are covered by the Memorandum of 
Understanding;
    (2) Label size, color, and text font. The label shall be four 
inches wide and three inches high. The label colors shall be process 
black text on a process yellow background. The text font shall be Arial 
or another equivalent font. The text on the label shall be black with a 
white background. The label's text size, format, content, and the order 
of the required disclosures shall be consistent with ceiling fan label 
illustration of appendix L of this part.
    (3) Placement. The ceiling fan label shall be printed on or affixed 
to the principal display panel of the product's packaging.
    (4) Additional information. No marks or information other than that 
specified in this part shall appear on this label, except a model name, 
number, or similar identifying information.
* * * * *
    11. Section 305.17, paragraphs (d), (e), (e)(1), are revised and 
(h) is added to read as follows:


Sec.  305.17  Television labeling.

* * * * *
    (d) Label types. Except as provided in paragraph (i), the labels 
must be affixed to the product in the form of either an adhesive label, 
cling label, or alternative label as follows:
* * * * *
    (e) Placement--(1) In general. Except as provided in paragraph (i), 
all labels must be clear and conspicuous to consumers viewing the 
television screen from the front.
* * * * *
    (h) Labels for small televisions: For television with screens 
measuring nine inches or less diagonally, manufacturers may print the 
label required by this section on the primary display panel of the 
product's packaging or affix a label to the packaging in lieu of 
affixing a label to the television screen or bezel. The size of the 
label may be scaled to fit the packaging size as appropriate, as long 
as it remains clear and conspicuous.
* * * * *
    12. Section 305.20 is revised to read as follows:


Sec.  305.20  Paper catalogs and Web sites.

    (a) Covered products offered for sale on the Internet. Any 
manufacturer, distributor, retailer, or private labeler who advertises 
a covered product on an Internet Web site in a manner that qualifies as 
a catalog under this Part shall disclose energy information as follows:
    (1) Content.
    (i) Products required to bear EnergyGuide or Lighting Facts labels. 
All Web sites advertising covered refrigerators, refrigerator-freezers, 
freezers, room air conditioners, clothes washers, dishwashers, ceiling 
fans, pool heaters, central air conditioners, heat pumps, furnaces, 
general service lamps, and televisions must display, for each model, an 
image of the label required for that product by this Part. The Web site 
may hyperlink to the image of the label using the icon depicted in 
Appendix L.
    (ii) Products not required to bear EnergyGuide or Lighting Facts 
labels. All Web sites advertising covered showerheads, faucets, water 
closets, urinals, general service fluorescent

[[Page 15309]]

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 Sec.  305.16.
    (B) General service fluorescent lamps, fluorescent lamp ballasts 
and luminaires and metal halide lamp fixtures. A capital letter ``E'' 
printed within a circle.
    (2) Format. The required Web site disclosures, whether label image, 
icon, or text, must appear clearly and conspicuously and in close 
proximity to the covered product's price on each Web page that contains 
a detailed description of the covered product and its price. The label 
and hyperlink icon must conform to the prototypes in Appendix L, but 
may be altered in size to accommodate the Web page's design, as long as 
they remain clear and conspicuous to consumers viewing the page.
    (b) Covered products offered for sale in paper catalogs. Any 
manufacturer, distributor, retailer, or private labeler that advertises 
a covered product in a paper publication that qualifies as a catalog 
under this Part shall disclose energy information as follows:
    (1) Content.
    (i) Products required to bear EnergyGuide or Lighting Facts labels. 
All paper catalogs advertising covered products required by this Part 
to bear EnergyGuide or Lighting Facts labels illustrated in Appendix L 
(refrigerators, refrigerator-freezers, freezers, room air conditioners, 
clothes washers, dishwashers, ceiling fans, pool heaters, central air 
conditioners, heat pumps, furnaces, general service fluorescent lamps, 
general service lamps, and televisions) must either display an image of 
the full label prepared in accordance with this Part, or make a text 
disclosure as follows:
    (A) Refrigerator, refrigerator-freezer, and freezer. The capacity 
of the model determined in accordance with Sec.  305.7, the estimated 
annual operating cost determined in accordance with Sec.  305.5 and 
appendix K of this Part, and a disclosure stating ``Your energy cost 
depends on your utility rates and use. The estimated cost is based on 
11 cents per kWh and TK hours of use per day. For more information, 
visit www.ftc.gov/energy.''
    (B) Room air conditioners and water heaters. The capacity of the 
model determined in accordance with Sec.  305.7, the estimated annual 
operating cost determined in accordance with Sec.  305.5 and appendix K 
of this Part, and a disclosure stating ``Your operating costs will 
depend on your utility rates and use. The estimated operating cost is 
based on a national average [electricity, natural gas, propane, or oil] 
cost of [$ ---- per kWh, therm, or gallon]. For more information, visit 
www.ftc.gov/energy.''
    (C) Clothes washers and dishwashers. The capacity of the model 
determined in accordance with Sec.  305.7 and the estimated annual 
operating cost determined in accordance with Sec.  305.5 and appendix 
K, and a disclosure stating ``Your energy cost depends on your utility 
rates and use. The estimated cost is based on [4 washloads a week for 
dishwashers, or 8 washloads a week for clothes washers] and 11 cents 
per kWh for electricity and $---- per therm for natural gas. For more 
information, visit www.ftc.gov/energy.''
    (D) General service fluorescent lamps or general service lamps. All 
the information concerning that lamp required by Sec.  305.15 of this 
part to be disclosed on the lamp's package, and a disclosure stating 
``Your energy cost depends on your utility rates and use. The estimated 
cost and life is based on 11 cents per kWh and 3 hours of use per day. 
For more information, visit www.ftc.gov/energy.'' For the ``Light 
Appearance'' disclosure required by Sec.  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 Sec.  305.15(d)(1).
    (E) Ceiling fans. All the information required by Sec.  305.13.
    (F) Televisions. The estimated annual operating cost determined in 
accordance with Sec.  305.5 and a disclosure stating ``Your energy cost 
depends on your utility rates and use. The estimated cost is based on 
11 cents per kWh and 5 hours of use per day. For more information, 
visit www.ftc.gov/energy.''
    (ii) Products not required to bear EnergyGuide or Lighting Facts 
labels. All Web sites advertising covered products not required by this 
Part to bear labels with specific design characteristics illustrated in 
Appendix L (showerheads, faucets, water closets, urinals, fluorescent 
lamp ballasts, and metal halide lamp fixtures) must make a text 
disclosure for each covered product identical to those required for 
Internet disclosures under Sec.  305.20(a)(1)(iii).
    (2) Format. The required disclosures, whether text, label image, or 
icon, must appear clearly and conspicuously on each page that contains 
a detailed description of the covered product and its price. If a 
catalog displays an image of the full label, the size of the label may 
be altered to accommodate the catalog's design, as long as the label 
remains clear and conspicuous to consumers. For text disclosures made 
pursuant to 305.20(b)(1)(i) and (ii), the required disclosure may be 
displayed once per page per type of product if the catalog offers 
multiple covered products of the same type on a page, as long as the 
disclosure remains clear and conspicuous.
    13. Revise Appendix L by revising Sample Icon 17, adding Sample 
Icon 18, and revising Ceiling Fan Illustration to read as follows:

Appendix L to Part 305--Sample Labels

* * * * *
BILLING CODE 6750-01-P
[GRAPHIC] [TIFF OMITTED] TP15MR12.010

* * * * *

[[Page 15310]]

[GRAPHIC] [TIFF OMITTED] TP15MR12.011


    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2012-4865 Filed 3-14-12; 8:45 am]
BILLING CODE 6750-01-C