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FTC

RIN: 3084-AB15

Publication ID: 2012

Title: 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)
Abstract: Section 321 of the Energy Independence and Security Act of 2007 (EISA) requires that the Commission conduct a rulemaking to consider the effectiveness of current energy labeling for lamps (commonly referred to as "light bulbs") and to consider alternative labeling approaches. On June 18, 2010, the Commission announced final amendments adopting a two-panel labeling format for light bulbs and brightness, energy cost, and other disclosure requirements, but provided for comments on certain limited issues (75 FR 41696). Some amendments became effective on August 18, 2010, and others are scheduled to become effective on July 19, 2011. On April 12, 2011, the Commission issued a final rule postponing the previously announced effective date of July 19, 2011, to January 1, 2012, providing light bulb manufacturers with additional time to incorporate the new label on their packaging. 76 FR 20233. The Commission also exempted the new label for incandescent bulbs (e.g., 75-watt bulbs), that will not be produced as of January 1, 2013, due to Federal energy efficiency standards. On August 1, 2011, the Commission published a NPRM seeking comment on expanding the "Lighting Facts" label coverage to additional bulb types and a specific test procedure for light-emitting diode (LED) bulbs. 76 FR 45715. The comment period closed on September 22, 2011. Staff anticipates sending a recommendation to the Commission by early 2013. Section 325 of the EISA provides the Commission with authority to promulgate energy labeling rules for consumer electronics, including televisions. On October 27, 2010, the Commission announced it was issuing a final rule that will require television manufacturers after May 10, 2011, to display Energy Guide labels that include information on estimated yearly energy cost and the cost range compared to similar models. 76 FR 1038 (Jan. 6, 2011). Section 306 of the EISA directs that within 90 days of the Department of Energy (DOE) publishing a final rule establishing regional efficiency standards for furnaces, central air conditioners, and heat pumps, the FTC must undertake a rulemaking to determine the appropriate disclosures regarding conformance with such regional standards. The DOE's final rule became effective on October 25, 2011. Accordingly, on November 28, 2011, the Commission published an ANPRM seeking comment on disclosures to help consumers, distributors, contractors, and installers easily determine whether a specific furnace, central air conditioner, or heat pump meets the applicable new DOE efficiency standard for the region where it will be installed. 76 FR 72872. The Commission sought comment on the content, location, and format of such disclosures. The comment period closed on January 10, 2012. As part of this effort, the Commission staff also held a public meeting with the Department of Energy (DOE) on December 16, 2011, to discuss possible disclosures. The statutory deadline for the Commission to issue requirements for disclosures on residential heating and cooling equipment is 15 months after DOE issued their final efficiency standards. 76 FR 37408. On June 6, 2012, the Commission published an NPRM seeking public comments on the proposed changes to the EnergyGuide Labels which would provide a U.S. map showing where the product can be installed legally, a simple format for efficiency ratings, and a link to an online energy cost calculator. The FTC also proposed requiring the label on manufacturers' web sites, product packaging, and as currently required, on the products themselves. The comment period closed on August 6, 2012. As part of its systematic review of all current FTC rules and guides, the Commission issued an NPRM seeking public comment on proposed changes to its Appliance Labeling Rule, which requires energy efficiency labels for major household appliances and other consumer products. 77 FR 15298 (Mar. 15, 2012). The FTC sought comments on its benefits and costs, and on several proposed changes, including whether the Commission should eliminate duplicative reporting requirements for manufacturers; require a uniform method for attaching labels to appliances; place EnergyGuide labels on room air conditioner packages instead of the products; improve web site disclosures; and revise ceiling fan labels. The comment period closed on May 16, 2012.
Agency: Federal Trade Commission(FTC)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: Undetermined	Unfunded Mandates: No
CFR Citation: 16 CFR 305
Legal Authority: Sec 321 of the Energy Independence and Security Act of 2007 Sec 325 of the Energy Independence and Security Act of 2007

Legal Deadline:

Action	Source	Description	Date
Other		15 months after DOE issued their final efficiency standards on October 25, 2011	01/25/2013

Overall Description of Deadline: Regional Efficiency Standards--Fifteen months after DOE issued their final efficiency standards on October 25, 2011.

Timetable:

Action	Date	FR Cite
ANPRM	07/17/2008	73 FR 40988
Public Meeting	09/15/2008
ANPRM Comment Period End	09/29/2008
ANPRM (Consumer Electronics)	03/16/2009	74 FR 11045
ANPRM (Consumer Electronics) Comment Period End	05/14/2009
NPRM (Light Bulbs)	11/10/2009	74 FR 57950
NPRM Comment Period End (Light Bulbs)	12/28/2009
NPRM (TVs and Other Consumer Electronics)	03/11/2010	75 FR 11483
Public Meeting (TVs and Other Consumer Electronics)	04/16/2010
NPRM (TVs and Other Consumer Electronics) Comment Period End	05/14/2010
Final Rule (Light Bulbs)	07/19/2010	75 FR 41696
Technical Correction to Final Rule (Light Bulbs)	08/16/2010	75 FR 49818
Comment Period End (Light Bulb: Other Issues)	09/20/2010
NPRM (Light Bulbs)	12/29/2010	75 FR 81943
Final Rule (TVs)	01/06/2011	76 FR 1038
Final Rule (Light Bulb)	04/12/2011	76 FR 20233
NPRM (Light Bulb II)	08/01/2011	76 FR 45715
ANPRM (Regional Efficiency Standards)	11/28/2011	76 FR 72872
Public Meeting (Regional Efficiency Standards)	12/16/2011
ANPRM Comment Period End (Regional Efficiency Standards)	01/10/2012
NPRM (Systematic Review)	03/15/2012	77 FR 15298
NPRM (Regional Efficiency Standards)	06/06/2012	77 FR 33337
Final Rule (Regional Efficiency Standards)	01/00/2013

Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: None
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Related RINs: Related to 3084-AB11
Agency Contact: Hampton Newsome Attorney Federal Trade Commission Division of Enforcement, Bureau of Consumer Protection, 600 Pennsylvania Avenue NW, CC-9528, Washington, DC 20580 Phone:202 326-2889 Email: hnewsome@ftc.gov