[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Rules and Regulations]
[Pages 7267-7274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02036]
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FEDERAL TRADE COMMISSION
16 CFR Part 305
RIN 3084-AB15
Energy Labeling Rule
AGENCY: Federal Trade Commission.
ACTION: Final rule.
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SUMMARY: The Federal Trade Commission (``Commission'') amends its
Energy Labeling Rule (``Rule'') by publishing new ranges of
comparability for required EnergyGuide labels on televisions.
DATES: The amendments are effective May 2, 2024.
ADDRESSES: Relevant portions of the record of this proceeding,
including this document, are available at https://www.ftc.gov.
FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326-2889, or
Hong Park, (202) 326-2158, Attorneys, Division of Enforcement, Bureau
of Consumer Protection, Federal Trade Commission, Room CC-6316, 600
Pennsylvania Avenue NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
I. Background
The Commission issued the Energy Labeling Rule in 1979 pursuant to
the Energy Policy and Conservation Act of
[[Page 7268]]
1975 (``EPCA'').\1\ The Rule covers several categories of major
household products, including televisions. It requires manufacturers of
covered products to disclose specific energy consumption or efficiency
information (derived from Department of Energy (``DOE'') test
procedures) at the point of sale. In addition, each label must include
a ``range of comparability'' indicating the highest and lowest energy
consumption or efficiencies for comparable models. The Commission
updates these ranges periodically.
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\1\ 42 U.S.C. 6294; 44 FR 66466 (Nov. 19, 1979). EPCA also
requires the Department of Energy (``DOE'') to set minimum
efficiency standards and develop test procedures to measure energy
use.
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II. Range Updates for Televisions
The Commission amends its television ranges in 16 CFR 305.25(f)(5)
based on test data generated from DOE's revised test procedure. In a
rule document published in October 2022 issuing range updates for other
covered products, the Commission postponed television range updates
until DOE finalized a new test procedure for those products.\2\ The
document stated the FTC would publish updated ranges after data derived
from the upcoming test procedure became available. DOE has issued a
final test update, and new data is now available.\3\ Accordingly, this
publication contains the updates to the television ranges, along with
related sample labels. In addition, these amendments update the cost
figure on the television label to 16 cents per kWh based on the most
recent national electricity cost information published by DOE.\4\
Manufacturers should begin using the new ranges on labels for newly-
produced units no later than May 2, 2024.
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\2\ 87 FR 61465 (Oct. 12, 2022); see 87 FR 11892 (Mar. 2, 2022)
(DOE NPRM).
\3\ 88 FR 16082 (Mar. 15, 2023) (DOE Final Rule).
\4\ 88 FR 58575 (Aug. 28, 2023) (cost figure rounded consistent
with 16 CFR 305, Appendices K1 and K2).
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III. Regulatory Flexibility Act
The provisions of the Regulatory Flexibility Act relating to a
Regulatory Flexibility Act analysis \5\ are not applicable to this
proceeding because the amendments do not impose any new obligations on
entities regulated by the Energy Labeling Rule. These technical
amendments merely provide a routine change to the range and cost
information already required on EnergyGuide labels. The Commission has
concluded, therefore, that a regulatory flexibility analysis is not
necessary, and certifies, under Section 605 of the Regulatory
Flexibility Act, that the amendments announced today will not have a
significant economic impact on a substantial number of small
entities.\6\
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\5\ See 5 U.S.C. 603-604.
\6\ 5 U.S.C. 605.
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IV. Paperwork Reduction Act
The current Rule contains recordkeeping, disclosure, testing, and
reporting requirements that constitute information collection
requirements as defined by 5 CFR 1320.3(c), the definitional provision
within the Office of Management and Budget (``OMB'') regulations that
implement the Paperwork Reduction Act (``PRA''). OMB has approved the
Rule's existing information collection requirements through February
29, 2024 (OMB Control No. 3084-0069). The amendments now being adopted
do not change the substance or frequency of the recordkeeping,
disclosure, or reporting requirements and, therefore, do not require
further OMB clearance.
V. Other Matters
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the OMB's Office of Information and Regulatory Affairs designated this
rule as not a ``major rule,'' as defined by 5 U.S.C. 804(2).
List of Subjects in 16 CFR Part 305
Advertising, Energy conservation, Household appliances, Labeling,
Reporting and recordkeeping requirements.
Accordingly, 16 CFR part 305 is amended as follows:
PART 305--ENERGY AND WATER USE LABELING FOR CONSUMER PRODUCTS UNDER
THE ENERGY POLICY AND CONSERVATION ACT (``ENERGY LABELING RULE'')
0
1. The authority citation for Part 305 continues to read as follows:
Authority: 42 U.S.C. 6294.
0
2. In Sec. 305.25, revise paragraphs (f)(4) and (5) to read as
follows:
Sec. 305.25 Television labeling.
* * * * *
(f) * * *
(4) Estimated annual energy costs determined in accordance with
this part, and based on a usage rate of 5 hours in on mode and 19 hours
in standby (sleep) mode per day, and an electricity cost rate of 16
cents per kWh.
(5) The applicable ranges of comparability for estimated annual
energy costs based on the labeled product's diagonal screen size,
according to the following table:
Table 1 to Paragraph (f)(5)
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Annual energy cost ranges for
televisions
Screen size (diagonal) -------------------------------------
Low High
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16-20'' (16.0 to 20.49'')......... $7 $7
21-23'' (20.5 to 23.49'')......... (*) (*)
24-29'' (23.5 to 29.49'')......... 5 15
30-34'' (29.5 to 34.49'')......... 8 30
35-39'' (34.5 to 39.49'')......... 19 20
40-44'' (39.5 to 44.49'')......... 13 51
45-49'' (44.5 to 49.49'')......... 40 40
50-54'' (49.5 to 54.49'')......... 22 51
55-59'' (54.5 to 59.49'')......... 24 69
60-64'' (59.5 to 64.49'')......... 29 113
65-69'' (64.5 to 69.49'')......... 27 110
69.5'' or greater................. 32 155
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* No data.
[[Page 7269]]
* * * * *
0
3. In Sec. 305.27, revise paragraph (b)(1)(i)(F) to read as follows:
Sec. 305.27 Paper catalogs and websites.
* * * * *
(b) * * *
(1) * * *
(i) * * *
(F) Televisions. The estimated annual operating cost determined in
accordance with this part, and a disclosure stating ``Your energy cost
depends on your utility rates and use. The estimated cost is based on
16 cents per kWh and 5 hours of use per day. For more information,
visit www.ftc.gov/energy.''
* * * * *
0
4. Revise Prototype Labels 8, 9, and 10 and Sample Labels 14, 15, and
16 in Appendix L to read as follows:
BILLING CODE 6750-01-P
Appendix L to Part 305--Sample Labels
* * * * *
[GRAPHIC] [TIFF OMITTED] TR02FE24.000
Prototype Label 8, Triangular Television Label
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[GRAPHIC] [TIFF OMITTED] TR02FE24.001
Prototype Label 9, Horizontal Rectangular Television Label
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[GRAPHIC] [TIFF OMITTED] TR02FE24.002
Prototype Label 10, Vertical Rectangular Television Label
* * * * *
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[GRAPHIC] [TIFF OMITTED] TR02FE24.003
Sample Label 14, Triangular Television Labels
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[GRAPHIC] [TIFF OMITTED] TR02FE24.004
Sample Label 15, Vertical Television Labels
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[GRAPHIC] [TIFF OMITTED] TR02FE24.005
Sample Label 16, Horizontal Television Labels
* * * * *
By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2024-02036 Filed 2-1-24; 8:45 am]
BILLING CODE 6750-01-C