Federal Register, Volume 74 Issue 49 (Monday, March 16, 2009)

[Federal Register Volume 74, Number 49 (Monday, March 16, 2009)]
[Proposed Rules]
[Pages 11045-11049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5560]

=======================================================================
-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION

16 CFR Part 305

[RIN 3084-AB03]

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: Advance notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: Section 325 of the Energy Independence and Security Act of
2007 provides the Commission with authority to promulgate energy
labeling rules for consumer electronics, including televisions. The
Commission is seeking comment on whether it should require labels for
televisions and other consumer electronic products.

DATES: Comments must be received by May 14, 2009.

ADDRESSES: Interested parties are invited to submit written comments
electronically or in paper form. Comments should refer to ``Consumer
Electronics Labeling, Project No. P094201'' to facilitate the
organization of comments. Please note that comments will be placed on
the public record of this proceeding--including on the publicly
accessible FTC website, at (http://www.ftc.gov/os/publiccomments.shtm)--and therefore should not include any sensitive or
confidential information. In particular, comments should not include
any sensitive personal information, such as an 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 any ``[t]rade secrets and
commercial or financial information obtained from a person and
privileged or confidential . . . .,'' as provided in Section 6(f) of
the FTC Act, 15 U.S.C. 46(f), and Commission Rule 4.10(a)(2), 16 CFR
4.10(a)(2). Comments containing material 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).\1\
---------------------------------------------------------------------------

\1\ FTC Rule 4.2(d), 16 CFR 4.2(d). 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 by using the following weblink: (https://secure.commentworks.com/ftc-electronicslabeling) (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://secure.commentworks.com/ftc-electronicslabeling). If this Notice appears at (http://www.regulations.gov/search/index.jsp,) you may also file an electronic
comment through that website. The Commission will consider all comments
that regulations.gov forwards to it. You may also visit the FTC website
at http://www.ftc.gov to read the Notice and the news release
describing it.
A comment filed in paper form should include the ``Consumer
Electronics Labeling, Project No. P094201'' 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 T), 600 Pennsylvania Avenue, NW, Washington, DC 20580. The FTC
requests 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 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, whether filed in paper or electronic
form. Comments received will be available to the public on the FTC

[[Page 11046]]

website, to the extent practicable, at (http://www.ftc.gov/os/publiccomments.shtm.) As a matter of discretion, the Commission makes
every effort to remove home contact information for individuals from
the public comments it receives before placing those comments on the
FTC website. 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.shtm.)

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, Attorney, (202) 326-
2889, Division of Enforcement, Federal Trade Commission, Washington, DC
20580.

SUPPLEMENTARY INFORMATION: Section 325 of the Energy Independence and
Security Act of 2007 (EISA or the Act) (Pub. L. 110-140) gives the
Commission authority to require energy labeling for five categories of
consumer electronic products. In accordance with that Act, the
Commission is seeking comment on labeling for such products. This
Notice provides information about current energy labeling requirements,
the FTC's new authority for consumer electronics labeling, background
on previous FTC labeling activities related to these products,
potential television labeling, potential labeling for other consumer
electronics, and a series of questions for commenters.

I. Current Energy Labeling Requirements

Section 324 of the Energy Policy and Conservation Act (EPCA) (42
U.S.C. 6294) requires the FTC to prescribe labeling rules for the
disclosure of estimated annual energy costs or alternative energy
consumption information for a variety of products covered by the
statute, including home appliances (e.g., refrigerators, clothes
washers, and dishwashers), lighting, and plumbing products.\2\ For most
covered products, labels must disclose energy information derived from
Department of Energy (DOE) test procedures.\3\ The Commission may also
require sellers, including retailers, to disclose energy information
found on the label in any printed material displayed or distributed at
the point of sale. In addition, the Commission may direct manufacturers
to provide energy-related disclosures including instructions for the
maintenance, use, or repair of the covered product.\4\
---------------------------------------------------------------------------

\2\ For most appliances, the Commission must prescribe labeling
rules unless it determines that labeling is not technologically or
economically feasible (42 U.S.C. 6294(a)(1)). For central air
conditioners, heat pumps, furnaces, and clothes washers, the statute
requires labeling unless the Commission finds that labeling is not
technologically or economically feasible or is not likely to assist
consumers in making purchasing decisions (42 U.S.C. 6294(a)(2)(A)).
Pursuant to Section 6294(a)(1), the Commission determined not to
require labeling for television sets, kitchen ranges, ovens, clothes
dryers, humidifiers, dehumidifiers, and certain home heating
equipment other than furnaces. See 44 FR 66466, 66468-66469 (Nov.
19, 1979).
\3\ Section 323 of EPCA (42 U.S.C. 6293) directs DOE to develop
test procedures for major household appliances. Manufacturers must
follow these test procedures to determine their products' compliance
with DOE's energy conservation standards (required by Section 325 of
EPCA), and to derive the energy consumption or efficiency values to
put on required labels.
\4\ 42 U.S.C. 6294(c).
---------------------------------------------------------------------------

The Commission implements EPCA's directive through the Appliance
Labeling Rule (16 CFR Part 305). Under the Rule, appliance
manufacturers must disclose specific energy use information at the
point of sale in the form of a yellow ``EnergyGuide'' label affixed to
each unit. This information also must appear in catalogs and on
Internet sites from which covered products can be ordered. Labels for
most appliances must provide the product's estimated annual operating
cost as the primary disclosure. To calculate these operating cost
estimates, manufacturers must use national average cost figures for
energy (e.g., electricity, natural gas, etc.) determined by DOE. The
Rule also allows manufacturers to place the U.S. Government ENERGY STAR
logo on labels for products that qualify for that program.\5\ Required
labels for appliances must include a ``range of comparability''
(published by the Commission) that shows, for most products, the
highest and lowest operating cost of all similar appliance models.
These ranges help consumers compare similar models.
---------------------------------------------------------------------------

\5\ ENERGY STAR is a voluntary labeling program that identifies
high efficiency products. The Environmental Protection Agency (EPA)
and DOE administer the ENERGY STAR program. See http://www.energystar.gov.
---------------------------------------------------------------------------

The Commission's Rule also requires manufacturers of most covered
products to file data reports with the FTC. These reports must contain
the estimated annual energy consumption or energy efficiency ratings
for the appliances derived from tests performed pursuant to the DOE
test procedures (16 CFR 305.8(b)).\6\
---------------------------------------------------------------------------

\6\ See 42 U.S.C. 6296(b)(2)&(4).
---------------------------------------------------------------------------

II. FTC's New Authority for Consumer Electronics Labeling

Section 325 of EISA amends EPCA to direct the Commission to
prescribe labeling for televisions, personal computers, cable or
satellite set-top boxes, stand-alone digital video recorder boxes, and
personal computer monitors.\7\ The Act also specifically provides the
Commission with discretion to consider other types of energy
disclosures for consumers in lieu of traditional product labeling for
these consumer electronics.\8\ The Commission must issue such
requirements no later than 18 months after DOE publishes applicable
test procedures for such products. In the absence of such test
procedures, the Commission has discretion to require labeling if it
identifies adequate non-DOE testing procedures, and determines that
disclosure requirements for those products are likely to assist
consumers in making purchasing decisions.\9\ EISA also gives the
Commission discretion to require comparative information on the label
or in other disclosures. Finally, the amendments provide the Commission
with authority to require labeling or other disclosures for any other
consumer product if the FTC determines such labeling is likely to
assist consumers in making purchasing decisions.\10\
---------------------------------------------------------------------------

\7\ However, the Act states that the requirements would not
apply in any case in which the Commission determines that the rules
would not be technologically or economically feasible or would not
be likely to assist consumers in making purchasing decisions. See
EISA, Section 325 (42 U.S.C. 6294(a)).
\8\ The Act directs the Commission to ``prescribe labeling or
other disclosure requirements for the energy use of'' the covered
consumer electronic products. 42 U.S.C. 6294(a)(2)(I)(i).
\9\ Any FTC labeling requirements must become effective 18
months after they are issued. 42 U.S.C. 6294(a)(2)(I)(iii).
\10\ Under EPCA, a ``consumer product'' means any article which
consumes, or is designed to consume energy and which, to any
significant extent, is distributed in commerce for personal use or
consumption by individuals. 42 U.S.C. 6291(1). As with the five
consumer electronic categories specifically listed in the EISA
amendments, the FTC may identify a non-DOE test procedure for
labeling such additional consumer products (in the absence of a DOE
test procedure) and has discretion to require comparative
information on the label.
---------------------------------------------------------------------------

A. Television Labeling

The Commission is seeking comment on possible energy labeling or
similar disclosures for televisions. As discussed in more detail below,
the Commission did not require television labeling in its original 1979
Rule. In 2007, the Commission revisited this issue but declined to
require television labeling because the existing DOE test procedure was
inapplicable to modern televisions. Because EISA now allows the FTC to
use non-DOE test procedures for television labeling requirements, we
are seeking comment on whether to require labeling based on a new test
procedure recently adopted by EPA's ENERGY

[[Page 11047]]

STAR program. We also seek comment on whether there are other test
procedures we should consider.
Televisions have been covered products under EPCA since the 1970's.
In 1979, the Commission determined not to require labeling because
there was little variation in the annual energy costs of competing
television models and such costs were a small fraction of the purchase
price. The Commission, therefore, believed it was unlikely that labels
for televisions would promote industry efforts to increase energy
efficiency, or provide benefits to consumers.\11\
---------------------------------------------------------------------------

\11\ 44 FR 66466, 66468 (Nov. 19, 1979).
---------------------------------------------------------------------------

In 2007, the FTC revisited the issue and sought comment on whether
the Rule should require television labeling.\12\ Several commenters
urged the Commission to require labeling. The comments suggested that
many modern televisions use as much, or more, electricity than products
currently labeled under the Rule. In addition, comments indicated that
there is a significant range of energy use among similar products on
the market.\13\ The energy consumption characteristics of televisions,
therefore, appear to be significantly different than when the
Commission decided to forgo labeling in the 1970's. After considering
these comments, the Commission concluded that energy labeling for
televisions may assist consumers in making purchasing decisions.\14\ At
the same time, however, the record indicated that current DOE test
procedures were inadequate to test most televisions on the market.
Because the law at that time required the use of DOE test procedures,
the Commission decided not to proceed further until the DOE test
procedure was revised.\15\
---------------------------------------------------------------------------

\12\ 72 FR 6836, 6857 (Feb. 13, 2007).
\13\ According to the Natural Resources Defense Council (NRDC),
there are now many ``large-screen'' digital televisions on the
market that use 500 or more kilowatt-hours per year, as much energy
as many new refrigerators. NRDC (519870-00025). At an FTC
public workshop held during the 2007 proceeding, one participant
suggested that the average 42-inch plasma television draws 334
watts, with models ranging from 201 watts to 520 watts. Workshop Tr.
at 198 (http://www.ftc.gov/os/comments/energylabeling-workshop/060503wrkshoptrnscript.pdf).
\14\ See 72 FR 49948, 49962 (Aug. 29, 2007).
\15\ 72 FR at 6858 (Feb. 13, 2007).
---------------------------------------------------------------------------

The most recent EPCA amendments allow the Commission to consider
non-DOE test procedures for television labeling. EPA's ENERGY STAR
program has adopted criteria for televisions based on specific
international test procedures (Section 11 of ``IEC 62087, Ed. 2.0:
Methods of Measurement for the Power Consumption of Audio, Video and
Related Equipment'' and ``IEC 62301, Ed. 1.0: Household Electrical
Appliances - Measurement of Standby Power'').\16\ The procedures
require manufacturers to measure the power consumed by televisions when
the products are on and in standby mode. Given these existing ENERGY
STAR procedures and the comments received in response to the 2007
proceeding, the Commission is considering television labeling again and
seeks comment on adoption of the IEC procedures (and any other
appropriate procedures) for labeling purposes.
---------------------------------------------------------------------------

\16\ See International Electrotechnical Commission (http://www.iec.ch/); and ``ENERGY STAR Program Requirements for Televisions
Eligibility Criteria (Version 3.0)'' (http://www.energystar.gov/ia/partners/product_specs/eligibility/tv_vcr_elig.pdf).
---------------------------------------------------------------------------

The Commission also is seeking comment on the appropriate format
for television energy use disclosures. The Appliance Labeling Rule
follows a consistent approach for labeling most large covered products
displayed in showrooms. In particular, the Rule requires manufacturers
to affix a yellow EnergyGuide label that displays yearly operating cost
as the primary energy disclosure for the product. The Commission is
seeking comment on whether such an approach is appropriate for
televisions or whether there are alternative formats and locations for
the disclosure of energy information.\17\ Although televisions
routinely appear in showrooms, the configuration of these products may
raise placement issues not present with appliances such as
refrigerators or clothes washers. For example, it may be difficult to
affix labels on the products themselves in a location that is visible
to consumers without blocking the television screen. As detailed in
Section III of this Notice, the Commission is seeking input on a
variety of issues related to television disclosures, including the need
for such disclosures, the format and placement of information,
comparative information, usage assumptions, and test procedures.
---------------------------------------------------------------------------

\17\ The current EnergyGuide label is the product of a two-year
rulemaking effort concluded in 2007. During that proceeding, the
Commission solicited comment about various label designs including
energy use or efficiency disclosures, annual operating cost
disclosures, and a five-star rating system (i.e., a ``categorical''
label). Based on consumer research and the comments received during
that proceeding, the Commission revised the EnergyGuide label to
feature prominently annual operating costs on the label. Because
this research on showroom products was so recent, we do not plan to
duplicate that labeling research for televisions. See 72 FR 49948
(Aug. 29, 2007).
---------------------------------------------------------------------------

B. Other Consumer Electronic Products

The Commission is also seeking information about potential labeling
requirements for personal computers, cable or satellite set-top boxes,
stand-alone digital video recorder boxes, personal computer monitors,
and other consumer electronic products. Although currently there are no
DOE tests for these products, EISA gives the Commission the discretion
to require energy disclosures for them using non-DOE test procedures.
Therefore, the Commission is seeking comment on the need for such
disclosures, any appropriate test procedures, the format of labels or
disclosures, and the placement of labels on the products. We are also
seeking comment on a series of questions about potential labeling
detailed in Section III of this Notice.

III. Request for Comment

The Commission seeks written comments on a series of questions
related to labeling for televisions and other consumer electronic
products. We invite interested persons to submit written comments on
any issue of fact, law, or policy that may bear upon the FTC's labeling
requirements. The Commission encourages commenters to respond to the
specific questions. However, commenters do not need to respond to all
questions. Please provide explanations for your answers and supporting
evidence where appropriate. After examining the comments, the
Commission will determine whether to propose any specific amendments.

A. Televisions

To facilitate the Commission's efforts to consider energy
disclosures for televisions, we request that commenters consider the
following questions and issues:
1. Need for Labeling:
a. Would labeling or other energy disclosures for televisions
``assist consumers in making purchasing decisions''? Why or why not?
b. Is there any evidence that labeling or energy disclosures for
televisions would ``not be technologically or economically feasible''?
If so, please provide such information.
c. What benefits, if any, would labeling or other energy
disclosures provide for consumers and businesses (including small
businesses)? What costs, if any, would such labeling or other energy
disclosures impose on consumers and businesses (including small
businesses)?
2. Energy Use Data: Is there data regarding energy use of
televisions in the market? Is there data that shows a significant
difference in the energy use of other models? What are the typical
annual energy costs of each product?
3. Reports, Studies, or Research: Do any recent reports, studies,
or research

[[Page 11048]]

provide data relevant to energy use, operating costs, and labeling for
televisions in the United States or other countries?\18\ If so, please
provide such reports, studies, or research.
---------------------------------------------------------------------------

\18\ When statistical or scientific data is presented, the
Commission requests enough detail about data, study design,
statistical analysis, and findings to enable it to understand the
methodology that was used to conduct the analysis.
---------------------------------------------------------------------------

4. Test Procedures: If the Commission were to require labeling,
should the Commission require the use of Section 11 of ``IEC 62087, Ed.
2.0: Methods of Measurement for the Power Consumption of Audio, Video
and Related Equipment'' and ``IEC 62301, Ed. 1.0: Household Electrical
Appliances - Measurement of Standby Power'' as adopted by ENERGY STAR
for television labeling purposes? What are the advantages and
disadvantages to adopting the ENERGY STAR procedures?
a. Usage Rates: To derive annual operating cost figures for
potential disclosures, the Rule must require standard usage assumptions
for televisions (e.g., 5 hours per day). EPA's Eligibility Criteria
(Section 3) uses annual power consumption estimates on a daily usage
pattern of 5 hours in ``On Mode'' and 19 hours in ``standby.'' If the
FTC were to require labeling or other energy disclosures, should the
FTC adopt EPA's usage patterns? What are the advantages and
disadvantages to adopting such usage patterns?
b. Other Test Procedure Issues: Are there any issues not addressed
by Section 11 of IEC 62087 that the Commission should address in a
potential Rule? Are there any aspects of the ENERGY STAR criteria (not
otherwise contained in IEC 62087 or IEC 62301) that the Commission
should incorporate into its labeling requirements? In particular,
ENERGY STAR (Section 4.E.2.) has specifications that go beyond the IEC
test procedure regarding input signal levels, broadcast test materials,
true power factor, testing at default factory settings, and automatic
brightness control. Should the FTC adopt any of these particular EPA
specifications in its requirements? If so, which ones and why? If not,
which ones and why not?
c. Alternative Test Procedures: Are there any other test procedures
the Commission should adopt in lieu of the ENERGY STAR procedure? If
so, please explain why the Commission should adopt such procedures.
What are the advantages and disadvantages to adopting such alternative
procedures?
5. Format, Content, and Placement: If the Commission were to
require labeling or other energy disclosures, how should it require
manufacturers or other sellers to disclose such information? Should
television labels follow the same ``EnergyGuide'' format, content, and
placement requirements applicable to other covered showroom products
such as refrigerators? What form should the label take (e.g., hang tag,
adhesive label, static cling label)?
a. Retailer Role: What role should retailers have, if any, in
providing these disclosures?\19\ Should retailers have a responsibility
for the placement of disclosures in brick and mortar stores? If so,
what should this responsibility be?
---------------------------------------------------------------------------

\19\ Section 324(c)(4) of EPCA (42 U.S.C. 6294(c)(4)) states:
``A rule under this section applicable to a covered product may
require disclosure, in any printed matter displayed or distributed
at the point of sale of such product, of any information which may
be required under this section to be disclosed on the label of such
product.''
---------------------------------------------------------------------------

b. Internet Disclosures: Should the Commission consider energy
disclosure options that do not provide consumer information at the
point of purchase in the form of a label or other in-store disclosures
(e.g., Internet-only disclosures with no labeling on the product or
product package)? If so, what should be the format, content, and
placement of such disclosures? Should such Internet disclosures (and
other catalog disclosures) be any different than those for other
covered products under the Rule (such as refrigerators)?
6. Comparative Information: What comparative information, if any,
should the Rule require on labels or in other disclosures about the
energy use of televisions?
a. Should the Commission require disclosure of a range of
comparability similar to EnergyGuide labels for other covered products?
If not, why not? If so, how should such comparative information be
organized? Should the comparisons be made across model types or
technologies (e.g., LCD, plasma, screen resolutions, etc.)? Should the
Commission limit comparative information to screen size (e.g., 1' to
20', 21' to 29', 30' to 39', 40' to 49', 50' to 59', and 60' or more)?
Should the Commission use some other approach for establishing such
categories? If so, what approach? What would be the advantages and
disadvantages to such an approach?
b. Is there information available from which to develop approximate
ranges for labeling purposes or should the Commission wait for
manufacturers to test all their products and submit such data to the
Commission?
7. Reporting Requirements: What data, if any, should the Rule
require manufacturers to submit to the FTC?\20\ Should the Commission
use the data in developing ranges of comparability (e.g., ranges
organized by screen size)?
---------------------------------------------------------------------------

\20\ Under 42 U.S.C. 6296(b)(2), ``[i]f requested by the
Secretary or Commission, the manufacturer of a covered product to
which a rule under section 6294 of this title applies shall provide,
within 30 days of the date of the request, the data from which the
information included on the label and required by the rule was
derived.'' In addition, 42 U.S.C. 6296(b)(4) states, ``[e]ach
manufacturer of a covered product to which a rule under section 6294
of this title applies shall annually, at a time specified by the
Commission, supply to the Commission relevant data respecting energy
consumption or water use developed in accordance with the test
procedures applicable to such product under section 6293 of this
title.''
---------------------------------------------------------------------------

B. Other Consumer Electronics

To facilitate the Commission's consideration of energy disclosures
for personal computers, personal computer monitors, cable or satellite
set-top boxes, stand-alone digital video recorder boxes, and other
consumer electronic products, we request that commenters respond to the
following questions and issues:
1. Need for Energy Disclosures:
a. Should the Commission require labeling or other energy
disclosures for personal computers, personal computer monitors, cable
or satellite set-top boxes, and stand-alone digital video recorder
boxes? Would labeling or other energy disclosures ``assist consumers in
making purchasing decisions''? Is there any evidence that labeling or
other energy disclosures for these products would ``not be
technologically or economically feasible'' or ``not likely to assist
consumers in making purchasing decisions''?
b. Are there any other consumer electronic products (i.e., beyond
those listed above) that the Commission should consider for labeling or
other energy disclosures? If so, which ones? Would labeling or other
energy disclosures ``assist consumers in making purchasing decisions''?
c. What benefits, if any, would labeling or other energy
disclosures for consumer electronics (i.e., any product identified in
response to 1.a. or 1.b. immediately above) provide for consumers and
businesses (including small businesses)? What costs would such labeling
or other energy disclosures impose on consumers and businesses
(including small businesses)?
2. Energy Use Data: Is there data regarding energy use of consumer
electronic products (i.e., any product identified in response to 1.a.
or 1.b. above) in the market? If so, is there data that shows a
significant difference in the energy use of other models? What are

[[Page 11049]]

the annual energy costs of these products?
3. Reports, Studies, or Research: Do any recent reports, studies,
or research provide data relevant to potential energy disclosures for
consumer electronics products in the United States or other
countries?\21\
---------------------------------------------------------------------------

\21\ When statistical or scientific data is presented, the
Commission requests enough detail about data, study design,
statistical analysis, and findings to enable it to understand the
methodology that was used to conduct the analysis.
---------------------------------------------------------------------------

4. Test Procedures: Are there existing adequate test procedures for
consumer electronic products that could yield annual energy consumption
estimates? If so, are such test procedures currently used by industry
or in any government standards program? Would such test procedures be
appropriate for the Commission to adopt for labeling purposes? Why or
why not?
5. Format, Content, and Placement: If the Commission considers
labeling or other energy disclosures for one or more of these products,
what should be the format, content, and placement of such information?
How do consumers purchase these products (e.g., in stores, online,
etc.)? Should disclosures appear on the products themselves, on
packaging, through other point of purchase material, or through some
other means?
a. Retailer Role: What role, if any, should retailers have in
providing these disclosures? Should retailers have a responsibility for
the placement of disclosures in brick and mortar stores? If so, what
should this responsibility be?
b. Internet Disclosures: Should the Commission consider energy
disclosure options that do not provide consumer information at the
point of purchase in the form of a label or other in-store disclosure
(e.g., Internet-only disclosures with no labeling on the product or
product package)? Should such Internet disclosures (and other catalog
disclosures) be any different than those for other covered products
under the Rule (such as refrigerators)?
c. Content: If labeling or other energy disclosures should be
required, what types of information should be included on such labels?
Should labeling provide the same information as the EnergyGuide label
(i.e., yearly operating costs, energy use, and comparative
information)? Or should the label require something different or
additional?
6. Comparative Information: What, if any, disclosures should the
Rule require about other products on the market? If the Commission
requires a label, should the label contain a range of comparability
like other covered products with the EnergyGuide label? If not, why
not? If so, how should such comparative information be organized?
Should the comparisons be made across model types and technologies? Is
there data available from which to develop approximate ranges for
labeling purposes or should the Commission wait for manufacturers to
test all their products and submit such data to the Commission?
7. Reporting Requirements: What data, if any, should the Rule
require manufacturers to submit to the FTC?

List of Subjects in 16 CFR Part 305

Advertising, Consumer Protection, Energy Conservation, Household
Appliances, Labeling, Lamp Products, Penalties, Reporting and
Recordkeeping Requirements.
By direction of the Commission.

Donald S. Clark,
Secretary.
[FR Doc. E9-5560 Filed 3-13-09: 8:45 am]
BILLING CODE 6750-01-S