Energy Labeling Rule

• Published date: 20 October 2021
• Citation: 86 FR 57985
• Record Number: 2021-22869
• Section: Rules and Regulations
• Court: Federal Trade Commission

This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

57985

Vol. 86, No. 200

Wednesday, October 20, 2021

1

44 FR 66466 (Nov. 19, 1979).

2

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

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

procedures that measure how much energy

appliances use, and to determine the representative

average cost a consumer pays for different types of

energy.

3

16 CFR 305.10.

4

In 2017, DOE announced changes to the rating

methods and associated efficiency descriptors for

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

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

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

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

5

Commissioner Christine S. Wilson issued a

dissent stating that the Commission should also

seek further comment on broader issues including

the ‘‘more prescriptive aspects of this Rule’’ and

other changes to ‘‘maximize the positive impact of

this Rule for consumers.’’

6

AHRI is a trade association representing central

air conditioner manufacturers.

7

The comments are posted at regulations.gov.

8

Two industry commenters (AHRI (#0030–0031)

and Goodman (#0030–0032)) urged the Commission

to issue the range updates ‘‘expeditiously’’ so that

manufacturers ‘‘have certainty on the revised

EnergyGuide labels and adequate time to

implement the labels.’’ These two commenters also

urged the Commission to postpone considering

other potential Rule changes discussed in

Commissioner Wilson’s dissenting statement.

9

The final amendments contain a few minor

corrections to the sample labels in the June

document (the top range number on Prototype Label

3; inclusion of asterisks and updated geographic

information on Sample Label 3, and the removal of

optional capacity numbers on labels).

FEDERAL TRADE COMMISSION

16 CFR Part 305

[3084–AB15]

Energy Labeling Rule

AGENCY

: Federal Trade Commission.

ACTION

: Final rule.

SUMMARY

: The Federal Trade

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

issues amendments to update the

comparability ranges and sample labels

for central air conditioners in the Energy

Labeling Rule (‘‘Rule’’).

DATES

: The amendments are effective on

January 1, 2023.

ADDRESSES

: Copies of this document are

available on the Commission’s website,

www.ftc.gov.

FOR FURTHER INFORMATION CONTACT

:

Hampton Newsome (202–326–2889),

Attorney, Division of Enforcement,

Bureau of Consumer Protection, Federal

Trade Commission, Room CC–9528, 600

Pennsylvania Avenue NW, Washington,

DC 20580.

SUPPLEMENTARY INFORMATION

:

I. Energy Labeling Rule

The Commission issued the Energy

Labeling Rule (‘‘Rule’’) in 1979,

1

pursuant to the Energy Policy and

Conservation Act of 1975 (‘‘EPCA’’).

2

The Rule requires energy labeling for

major home appliances and other

consumer products to help consumers

compare the energy usage and costs of

competing models. It also contains

labeling requirements for refrigerators,

refrigerator-freezers, freezers,

dishwashers, water heaters, clothes

washers, room and portable air

conditioners, furnaces, central air

conditioners, heat pumps, plumbing

products, lighting products, ceiling fans,

and televisions.

The Rule requires manufacturers to

attach yellow EnergyGuide labels to

many of the covered products and

prohibits retailers from removing these

labels or rendering them illegible. In

addition, it directs sellers, including

retailers, to post label information on

websites and in paper catalogs from

which consumers can order products.

EnergyGuide labels for most covered

products contain three main

disclosures: Estimated annual energy

cost, a product’s energy consumption or

energy efficiency rating as determined

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

procedures, and a comparability range

displaying the highest and lowest

energy costs or efficiency ratings for all

similar models. Under the Rule, the

Commission periodically updates

comparability range and annual energy

cost information based on manufacturer

data submitted pursuant to the Rule’s

reporting requirements.

3

II. Updated Ranges for Central Air

Conditioners

On February 12, 2021 (86 FR 9273),

the Commission published conforming

rule amendments reflecting new DOE

efficiency descriptors on central air

conditioner labels to ensure the Rule’s

consistency with DOE requirements,

which become effective on January 1,

2023.

4

In the February document, the

Commission stated it would update

ranges in appendices H and I, and the

sample labels in appendix L, once new

efficiency numbers became available.

On June 2, 2021 (86 FR 29533), the

Commission proposed to update the

comparability ranges for central air

conditioners to ensure manufacturers

have information available for the

upcoming transition to new efficiency

descriptors required by DOE.

5

In the

June 2021 document, the Commission

proposed to update the range table data

(appendices H and I) and sample labels

in the Rule (appendix L) using new

information from the Air-Conditioning,

Heating, & Refrigeration Institute

(‘‘AHRI’’) and DOE staff input.

6

In

response to the June document, the

Commission received 31 comments.

Commenters were generally supportive

of the proposed updates, and none

opposed the proposed ranges.

7

Commenters also made various

suggestions for EnergyGuide labeling

improvements and Rule changes (e.g.,

the use of QR codes) not directly

relevant to the range updates set out in

the June document.

8

The Commission

may consider these suggestions, which

would require further consideration and

additional public comment, in

connection with future regulatory

reviews.

Based on this record, the Commission

is finalizing the range amendments in

this document.

9

Consistent with the

February 2021 amendments to the new

energy descriptors, the effective date for

these ranges is January 1, 2023. As the

Commission stated in the February 2021

document, manufacturers may begin

using the new range information prior to

that date, in a manner consistent with

DOE guidance now that the FTC has

issued the final updates to appendices

H and I once the FTC issues the final

updates to appendices H and I.

III. Paperwork Reduction Act

The current Rule contains

recordkeeping, disclosure, testing, and

reporting requirements that constitute

information collection requirements as

defined by 5 CFR 1320.3(c), the

definitional provision within the Office

of Management and Budget (‘‘OMB’’)

regulations that implement the

Paperwork Reduction Act (‘‘PRA’’).

OMB has approved the Rule’s existing

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57986

Federal Register / Vol. 86, No. 200 / Wednesday, October 20, 2021 / Rules and Regulations

information collection requirements

through December 31, 2022 (OMB

Control No. 3084–0069). The

amendments do not change the

substance or frequency of the Rule’s

recordkeeping, disclosure, or reporting

requirements and, therefore, do not

require further OMB clearance.

IV. Regulatory Flexibility Act

The Regulatory Flexibility Act

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

the Commission conduct an analysis of

the anticipated economic impact of the

proposed amendment on small entities.

The RFA requires that the Commission

provide an Initial Regulatory Flexibility

Analysis (‘‘IRFA’’) with a rule unless the

Commission certifies that the rule will

not have a significant economic impact

on a substantial number of small

entities. 5 U.S.C. 605. The amendments

merely update the Rule’s appendices to

include revised comparability ranges

and sample labels for central air

conditioners based on more recent data.

The proposed amendments do not

significantly change the substance or

frequency of the recordkeeping,

disclosure, or reporting requirements.

Thus, the amendments will not have a

‘‘significant economic impact on a

substantial number of small entities.’’ 5

U.S.C. 605. The Commission has

concluded, therefore, that a regulatory

flexibility analysis is not necessary, and

certifies, under Section 605 of the RFA

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

will not have a significant economic

impact on a substantial number of small

entities.

V. Other Matters

Pursuant to the Congressional Review

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

Information and Regulatory Affairs

designated this rule as not a ‘‘major

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

List of Subjects in 16 CFR Part 305

Advertising, Consumer protection,

Energy conservation, Household

appliances, Incorporation by reference,

Labeling, Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, the Commission amends part

305 of title 16 of the Code of Federal

Regulations as follows:

PART 305—ENERGY AND WATER USE

LABELING FOR CONSUMER

PRODUCTS UNDER THE ENERGY

POLICY AND CONSERVATION ACT

(‘‘ENERGY LABELING RULE’’)

■1. The authority citation for part 305

continues to read as follows:

Authority: 42 U.S.C. 6294.

■2. Revise appendix H to part 305 to

read as follows:

Appendix H to Part 305—Cooling

Performance for Central Air

Conditioners

Manufacturer’s rated cooling capacity

(btu’s/hr)

Range of SEER2’s

Low High

Single Package Units

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

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

Split System Units

Central Air Conditioner models allowed only in northern states (listed in § 305.20(g)(13)) (Cooling Only): All ca-

pacities ................................................................................................................................................................. 13.4 27

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

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

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

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

Space-Constrained Products

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

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

■3. Revise appendix I to part 305 to

read as follows: Appendix I to Part 305—Heating

Performance and Cost for Central Air

Conditioners

Manufacturer’s rated heating capacity

(btu’s/hr)

Range of HSPF2’s

Low High

Single Package Units

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

Split System Units

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

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

Space-Constrained Products

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

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57987

Federal Register / Vol. 86, No. 200 / Wednesday, October 20, 2021 / Rules and Regulations

■4. Amend appendix L to part 305 by

revising Prototype Label 3, Prototype Label 4, Sample Label 7, and Sample

Label 8 to read as follows: Appendix L to Part 305—Sample Labels

* * * * *

BILLING CODE 6750–01–P

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Prototype Label 3 - Single-Package Central Air Conditioner

10

pt.---•

►

U.S.

Government

Federal

law

prohibits

removal

of

this

label

before

consumer

purchase.

--1111---

9

pt.

Arial

Narrow

10/12---•

►

Central

Air

Conditioner

Arial

Narrow

Bold

Cooling

Only

Single

Package

1

pt.

rule----+--a

►

r----------------,

XYZ

Corporation

ModelNH65

Arial

Narrow

19

pl.----+---1~

Arial

Narrow

Bold

Efficiency

Rating

(SEER2J·~-------+----12

pt.

Arial

Narrow

Bold

38

pt.

Arial

Bold------11---•

►

14 0

■

3

pt.

rule------11----+-~

T

---t-----------t----

12

pt.

triangle

.,----------------

2pt.

rule

I I

19.0

10

pt

Arial

Narrow

Bold

------11---•

►

8/9.6Arial

Narrow

----if---•

►

Most

Efficient

11

pt.

Arial

Narrow

-----if-----1---11

►

Range

of

Similar

Models

8/12

Arial

Narrow

•

Seasonal

Energy

Efficiency

Ratio

2

18pt.ArialNarrowBold----+---

►

Notice

For

energy

cost

info,

visit

◄

I+---

12/14

productinfo.energy.gov

Arial

Narrow

14/16.SArial

Narrow

Federal

law

allows

this

unit

to

be

installed

only

in:

bold

where

indicated

11/13.2

----+---

►

AK,

AL,

AR,

CO,

CT,

DC,

DE,

FL,

GA,

•

Arial

Narrow

HI,

ID,

IL,

IA,

IN,

KS,

KY,

LA,

MA,

ME,

.

r'

MD,

Ml,

MN,

MO,

MS,

MT,

NC, ND,

·-

NE,

NH,

NJ,

NY,

OH,

OK,

OR,

PA,

RI,

SC,

SD,

TN,

TX,

UT,

VA,

VT,

WA,

WV,

WI,

WY,

and

U.S.

territories.

■

Installation

allowed

--lllt---8pt.

Federal

law

prohibits

installation

of

this

unit

in

other

states.

Arial

Narrow

11

pt.Arial

Narrow

----1--a

►

10

pl.------1

.....

Arial

Narrow

Bold

Energy

Efficiency

Ratio

2

(EER2):

This

unit"s

EER2

is

10.5.

◄

1----------i----

8

pt.

Arial

Narrow

57988

Federal Register / Vol. 86, No. 200 / Wednesday, October 20, 2021 / Rules and Regulations

* * * * *

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Prototype Label 4 - Split-system Heat Pump

10/12--~~

Heat

Pump

Arial

Narrow

Bold

Cooling

and

Heating

Split

System

1

pt

rule,----1--a

►

Cooling

XYZCorporation

--1---

10/12

Model

6645

Arial

Narrow

Bold

Ari

1

9:1a

22

1

Na_rrow_Bold_-1--~

Efficiency

Rating

(SEER2)*

~--------+---

12

pt

Arial

Narrow

Bold

::r~d

14.3-16.0

7pt.triangle

W

2ptrule 1-l--.._ _

__.

__

_.__---t

10

pt

Arial

Narrow

Bold

14.3

8/9.6

Arial

Narrow

least

Ellicient

42.0

Most

Efficient

11

pt.

Arial

Narrow

----+-----+--

►

Range

of

Similar

Models

8112

Arial

Narrow

•

Seasonal

Enelgy

Efficiency

Ratio

2

Heating

Efficiency

Rating

(HSPF2l*

8.6-10.0

~

7.5

Leas!Ellicient

14.6

Most

Efficient

Range

of

Similar

Models

•

Heeling

Seasonal

Performence

Factor

2

r-.'

This

system's

efficiency

ratings

depend

on

the

coil

your

contractor

installs

with

this

unit.

The

heating

efficiency

rating

varies

slightly

in

different

geographic

regions.

Ask

your

contractor

for

details.

..

1---12/14

Arial

Narrow

For

energy

cost

info,

visit

.,.....,

___

12/14

productlnfo.energy.gov

Arial

Narrow

57989

Federal Register / Vol. 86, No. 200 / Wednesday, October 20, 2021 / Rules and Regulations

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Sample Label 7 - Split-system Central Air Conditioner

U.S.

Government

Federal

law

prohibits

removal

of

this

label

before

consumer

purchase.

Central

Air

Conditioner

Cooling

Only

Split

System

Efficiency

Rating

(SEER2)**

14.1

r

13.4

Least

Efficient

27.0

Most

Efficient

Range

of

Similar

Models

••

Seasonal

Energy

Efficiency

Ratio

2

Notice

XYZ

Corporation

Model

NH65

For

energy

cost

info,

visit

productinfo.energy

.gov

•

Your

air

conditioner's

efficiency

rating

may

be

better

depending

on

the

coil

your

contractor

installs.

Federal

law

allows

this

unit

to

be

installed

only

in:

AK,

CO,

CT,

ID,

IL,

IA,

IN,

KS,

MA,

ME,

Ml,

MN,

MO,

MT,

ND,

NE,

NH

NJ,

NY,

OH, OR,

PA,

RI,

SD,

UT,

VT

WA,

WV,

WI,

and

WY.

Federal

law

prohibits

installation

of

this

unit

in

other

states.

Energy

Efficiency

Ratio

2

(EER2):

This

unit's

EER2

is

11.6.

■

Installation

allowed

57990

Federal Register / Vol. 86, No. 200 / Wednesday, October 20, 2021 / Rules and Regulations

* * * * *

By direction of the Commission,

Commissioner Wilson dissenting.

April J. Tabor,

Secretary.

Note: The following will not appear in the

Code of Federal Regulations.

Dissenting Statement of Commissioner

Christine S. Wilson

Today the Commission announces

required changes to the Energy Labeling

Rule but makes no other changes to the

Rule. Since 2015, the Commission has

sought comment on provisions of this

Rule multiple times and has made

numerous amendments clarifying the

Rule’s requirements and making

necessary changes. I have repeatedly

urged the Commission to seek comment

on the more prescriptive aspects of this

Rule. I have explained my concerns

about the highly prescriptive nature of

this Rule in detail in my prior dissents.

Regrettably, again today, the

Commission chooses to make minor

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Sample Label 8 - Split-system Heat Pump

U.S.

Government

Federal

law

prohibits

removal

of

this

label

before

consumer

purchase.

Heat

Pump

Cooling

and

Heating

Split

System

Cooling

Efficiency

Rating

(SEER2)*

14.3-16.0

w

I

14.3

Least

Efficient

42.0

Most

Efficient

Range

of

Similar

Models

*

Seasonal

Energy

Efficiency

Ratio

2

Heating

Efficiency

Rating

(HSPF2)*

8.6-10.0

• •

7.5

Least

Efficient

14.6

Most

Efficient

Range

of

Similar

Models

•

Heating

Seasonal

Performance

Factor

2

XYZ

Corporation

Model6645

r-T

This

system's

efficiency

ratings

depend

on

the

coil

your

contractor

installs

with

this

unit.

The

heating

efficiency

rating

varies

slightly

in

different

geographic

regions.

Ask

your

contractor

for

details.

For

energy

cost

info,

visit

prod

uctinfo.energy

.gov

57991

Federal Register / Vol. 86, No. 200 / Wednesday, October 20, 2021 / Rules and Regulations

1

For purposes of this technical rule, an ‘‘aircraft’’

is defined as any device used or designed for

navigation or flight in air and does not include

hovercraft. 19 CFR 122.1(a).

2

A landing rights airport is ‘‘any airport, other

than an international airport or user fee airport, at

which flights from a foreign area are given

permission by Customs to land.’’ 19 CFR 122.1(f).

3

Sections 403(1) and 411 of the Homeland

Security Act of 2002 (Pub. L. 107–296, 116 stat.

2135, 2178–79 (2002)), codified at 6 U.S.C. 203(1)

and 211, transferred certain functions, including the

authority to designate user fee facilities, from the

U.S. Customs Service of the Department of the

Treasury to the newly established U.S. Department

of Homeland Security. The Secretary of Homeland

Security delegated the authority to designate user

fee facilities to the Commissioner of CBP through

Department of Homeland Security Delegation, Sec.

II.A., No. 7010.3 (May 11, 2006). The Commissioner

subsequently delegated this authority to the

Executive Assistant Commissioner of the Office of

Field Operations on January 28, 2020.

changes to the Rule necessary for

conformity but fails to conduct a full

review of the Rule to consider removing

all dated and prescriptive provisions.

For these reasons, I dissent.

[FR Doc. 2021–22869 Filed 10–19–21; 8:45 am]

BILLING CODE 6750–01–C

DEPARTMENT OF HOMELAND

SECURITY

U.S. Customs and Border Protection

19 CFR Part 122

[CBP Dec. 21–15]

Technical Amendment to List of User

Fee Airports: Removal of One Airport

AGENCY

: U.S. Customs and Border

Protection, Department of Homeland

Security (DHS).

ACTION

: Final rule; technical

amendment.

SUMMARY

: This document amends U.S.

Customs and Border Protection (CBP)

regulations by removing one airport

from the list of user fee airports. User

fee airports are airports that have been

approved by the Commissioner of CBP

to receive, for a fee, the customs services

of CBP officers for processing aircraft,

passengers, and cargo entering the

United States, but do not qualify for

designation as international or landing

rights airports. Specifically, this

technical amendment reflects the

removal of the designation of user fee

airport status for the Charlotte-Monroe

Executive Airport in Monroe, North

Carolina.

DATES

: Effective date: October 20, 2021.

FOR FURTHER INFORMATION CONTACT

:

Ryan Flanagan, Director, Alternative

Funding Program, Office of Field

Operations, U.S. Customs and Border

Protection at Ryan.H.Flanagan@

cbp.dhs.gov or 202–550–9566.

SUPPLEMENTARY INFORMATION

:

Background

Title 19, part 122 of the Code of

Federal Regulations (19 CFR part 122)

sets forth regulations relating to the

entry and clearance of aircraft engaged

in international commerce and the

transportation of persons and cargo by

aircraft in international commerce.

1

Generally, a civil aircraft arriving from

outside the United States must land at

an airport designated as an international

airport. Alternatively, civil aircraft may

request permission to land at a specific

airport and, if landing rights are granted,

the civil aircraft may land at that

landing rights airport.

2

Section 236 of the Trade and Tariff

Act of 1984 (Pub. L. 98–573, 98 stat.

2948, 2994 (1984)), codified at 19 U.S.C.

58b, created an alternative option for

civil aircraft seeking to land at an

airport that is neither an international

airport nor a landing rights airport. This

alternative option allows the

Commissioner of U.S. Customs and

Border Protection (CBP) to designate an

airport, upon request by the airport

authority or other sponsoring entity, as

a user fee airport.

3

Pursuant to 19 U.S.C.

58b, a requesting airport may be

designated as a user fee airport only if

CBP determines that the volume or

value of business at the airport is

insufficient to justify the unreimbursed

availability of customs services at the

airport and the governor of the state in

which the airport is located approves

the designation. As the volume or value

of business cleared through this type of

airport is insufficient to justify the

availability of customs services at no

cost, customs services provided by CBP

at the airport are not funded by

appropriations from the general treasury

of the United States. Instead, the user

fee airport pays for the customs services

provided by CBP. The user fee airport

must pay the fees charged, which must

be in an amount equal to the expenses

incurred by CBP in providing customs

and related services at the user fee

airport, including the salary and

expenses of CBP employees to provide

such services. See 19 U.S.C. 58b; also 19

CFR 24.17(a)–(b).

CBP designates airports as user fee

airports in accordance with 19 U.S.C.

58b and 19 CFR 122.15 and on a case-

by-case basis. If CBP decides that the

conditions for designation as a user fee

airport are satisfied, a Memorandum of

Agreement (MOA) is executed between

the Commissioner of CBP and the

sponsor of the user fee airport. Pursuant

to 19 CFR 122.15(c), the designation of

an airport as a user fee airport must be

withdrawn if either CBP or the airport

authority gives 120 days written notice

of termination to the other party, or if

any amounts due to CBP are not paid on

a timely basis.

The list of designated user fee airports

is set forth in 19 CFR 122.15(b).

Periodically, CBP updates the list to

include newly designated airports that

were not previously on the list, to reflect

any changes in the names of the

designated user fee airports, and to

remove airports that are no longer

designated as user fee airports.

Recent Change Requiring Update to the

List of User Fee Airports

This document updates the list of user

fee airports in 19 CFR 122.15(b) by

removing the Charlotte-Monroe

Executive Airport in Monroe, North

Carolina. On February 3, 2021, the

Monroe City Manager requested

termination of the user fee status for the

Charlotte-Monroe Executive Airport,

and the Monroe City Manager and CBP

mutually agreed to terminate the user

fee status of Charlotte-Monroe Executive

Airport effective on June 30, 2021.

Inapplicability of Public Notice and

Delayed Effective Date Requirements

Under the Administrative Procedure

Act (5 U.S.C. 553(b)), an agency is

exempted from the prior public notice

and comment procedures if it finds, for

good cause, that such procedures are

impracticable, unnecessary, or contrary

to the public interest. This final rule

makes a conforming change by updating

the list of user fee airports by removing

one airport in light of the CBP

Commissioner’s withdrawal of its

designation as a user fee airport, in

accordance with 19 U.S.C. 58b. Because

this conforming rule has no substantive

impact, is technical in nature, and does

not impose additional burdens on or

take away any existing rights or

privileges from the public, CBP finds for

good cause that the prior public notice

and comment procedures are

impracticable, unnecessary, and

contrary to the public interest. For the

same reasons, pursuant to 5 U.S.C.

553(d)(3), a delayed effective date is not

required.

Regulatory Flexibility Act and

Executive Order 12866

Because no notice of proposed

rulemaking is required, the provisions

of the Regulatory Flexibility Act (5

U.S.C. 601 et seq.) do not apply. This

amendment does not meet the criteria

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