Proposed Rule2024-17105
Energy Labeling Rule
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 20, 2024
Issuing agencies
Federal Trade Commission
Abstract
In response to a recent notice of proposed rulemaking on the Energy Labeling Rule, one commenter, Dyson, Inc. ("Dyson"), requested an opportunity to present oral comments on proposed air cleaner labeling. In response, the Commission will hold a virtual oral hearing for the requester to provide its comments.
Full Text
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<title>Federal Register, Volume 89 Issue 161 (Tuesday, August 20, 2024)</title>
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[Federal Register Volume 89, Number 161 (Tuesday, August 20, 2024)]
[Proposed Rules]
[Pages 67335-67336]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17105]
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FEDERAL TRADE COMMISSION
16 CFR Part 305
RIN 3084-AB15
Energy Labeling Rule
AGENCY: Federal Trade Commission.
ACTION: Notice of proposed rulemaking; public hearing.
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SUMMARY: In response to a recent notice of proposed rulemaking on the
Energy Labeling Rule, one commenter, Dyson, Inc. (``Dyson''), requested
an opportunity to present oral comments on proposed air cleaner
labeling. In response, the Commission will hold a virtual oral hearing
for the requester to provide its comments.
DATES: The oral hearing will be conducted virtually starting at 1:00
p.m. Eastern Time on September 19, 2024.
ADDRESSES: The Hearing Participant (i.e., Dyson) must submit any
materials it intends to present at the oral hearing by following the
instructions in Part III of the SUPPLEMENTARY INFORMATION section
below. Write ``Air Cleaner Labeling Oral Hearing (Matter No. R611004)''
on any documentary submission and file it at <a href="/cdn-cgi/l/email-protection#85e0e9e0e6f1f7eaebece6e3ece9ecebe2f6c5e3f1e6abe2eaf3"><span class="__cf_email__" data-cfemail="ea8f868f899e98858483898c838683848d99aa8c9e89c48d859c">[email protected]</span></a>.
If Dyson prefers to file a documentary submission on paper, please send
it via overnight service to the following address: Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Mail
Stop H-144 (Annex L), Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Julia Ensor, 202-326-2377; and Hong
Park, 202-326-2158.
SUPPLEMENTARY INFORMATION: On February 2, 2024 (89 FR 7566), the
Commission published a notice of proposed rulemaking (``NPRM'')
containing proposed amendments to improve the Energy Labeling Rule
(``Rule'') (16 CFR part 305), including energy labels for several new
consumer product categories such as air cleaners, clothes dryers,
miscellaneous refrigeration products, and portable electric spas. In
response, the Commission received 29 comments, which are posted on the
docket at <a href="https://www.regulations.gov/docket/FTC-2024-0008">https://www.regulations.gov/docket/FTC-2024-0008</a>.
I. Dyson's Request To Present Oral Views
In addition to soliciting written comments, the NPRM invited
interested parties to request an opportunity to present oral data,
views, and comments on the proposed amendments.\1\ In response, Dyson
asked to present its view on the Department of Energy's (``DOE'') test
procedures for the proposed air cleaner labels. Specifically, Dyson
requested the
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\1\ The Energy Policy and Conservation Act (``EPCA''), which
directs FTC to issue energy labeling requirements, states that ``the
Commission shall afford interested persons an opportunity to present
written or oral data, views, and comments with respect to the
proposed labeling rules published under [section 6294(b)(1))].'' 42
U.S.C. 6294(b)(2); see also 16 CFR 1.26(c). Because this Rule is
promulgated under EPCA, the procedural requirements for rules
promulgated under section 18 of the FTC Act (15 U.S.C. 57a) do not
apply here.
. . . opportunity to present oral comments and other materials (such
as audio/visual and/or visual aids) that Dyson believes would be
helpful to the FTC in better understanding: (1) the misleading
outputs of the DOE's test procedure as applied to room size coverage
and energy efficiency claims for air cleaners, (2) the
inapplicability of AHAM AC1 to real-world situations, (3) whether
AHAM AC1 includes outdated elements and whether it has been subject
to thorough review, (4) the feasibility of a one-size-fits-all room
size test that may not capture the nuances of different air
cleaners, and (5) if a one-size-fits-all room size test is
appropriate, potential ways in which the DOE's test procedure could
be modified to be more accurate and consistent, and avoid potential
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consumer confusion and harm for the reasons outlined above.
Therefore, the Commission issues this notice of oral hearing for
Dyson on labeling for air cleaners.
II. Conduct of the Oral Hearing for Air Cleaner Labeling
Commission staff will preside over the oral hearing virtually using
video conferencing at 1:00 p.m. Eastern Time on September 19, 2024. The
presiding officer (Julia Ensor or Hong Park) will ensure the orderly
conduct of the oral hearing and place the transcript and any written
submissions by Dyson into the rulemaking record. The oral hearing will
be available for the public to watch live from the Commission's
website, <a href="https://www.ftc.gov">https://www.ftc.gov</a>. The oral hearing will be limited to the
party requesting submission of oral comments, Dyson, and its concerns
regarding labeling for air cleaners raised in its request. See section
I, supra.
III. Making an Oral Statement or Documentary Submission
Dyson's oral statement will be limited to 20 minutes, although the
oral statement may be supplemented by documentary submissions as
described below, and the presiding officer may grant an extension of
time for good cause shown. Dyson will be provided with instructions as
to how to participate in the virtual hearing.
Dyson must submit any materials (e.g., slides) it intends to
present at the oral hearing by submitting the materials to
<a href="/cdn-cgi/l/email-protection#bcd9d0d9dfc8ced3d2d5dfdad5d0d5d2dbcffcdac8df92dbd3ca"><span class="__cf_email__" data-cfemail="cbaea7aea8bfb9a4a5a2a8ada2a7a2a5acb88badbfa8e5aca4bd">[email protected]</span></a> on or before September 12, 2024.\2\ Write
``Air Cleaner Labeling Oral Hearing (Matter No. R611004)'' on the
submission. If Dyson files a documentary submission under this section,
the documentary submission--including Dyson's name and State--will be
placed on the rulemaking record of this proceeding, including on the
website <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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\2\ Pursuant to 16 CFR 1.26(c), if, by reason of the limitations
imposed, Dyson cannot complete the presentation of its suggestions,
Dyson may, within 24 hours, file a written statement covering those
relevant matters that it did not orally present. Any such statement
must be submitted on the rulemaking docket and otherwise follow the
instructions set out in this document for documentary submissions.
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Because any documentary submission will be placed on the rulemaking
record, Dyson is solely responsible for making sure the documentary
submission does not include sensitive or confidential information. In
particular, the documentary submission should not contain sensitive
personal information, such as Social Security numbers; dates of birth;
driver's license numbers or other State identification numbers or
foreign country equivalent; passport
[[Page 67336]]
numbers; financial account numbers; or credit or debit card numbers.
Dyson is also solely responsible for making sure the documentary
submission does not include sensitive health information, such as
medical records or other individually identifiable health information.
In addition, the documentary submission should not include any
``[t]rade secret or any commercial or financial information which . . .
is 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)--including, in particular, competitively sensitive
information such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
Documentary submissions containing material for which confidential
treatment is requested must be filed in paper form, must be clearly
labeled ``Confidential,'' and must comply with Commission Rule 4.9(c),
16 CFR 4.9(c). In particular, the written request for confidential
treatment that accompanies the documentary submission must include the
factual and legal basis for the request and must identify the specific
portions to be withheld from the public record. See Commission Rule
4.9(c). Documentary submissions will be kept confidential only if the
General Counsel grants the request in accordance with the law and the
public interest. Once a documentary submission has been posted publicly
at <a href="https://www.regulations.gov">https://www.regulations.gov</a>--as legally required by Commission Rule
4.9(b), 16 CFR 4.9(b)--we cannot redact or remove it, unless the
submitter submits a confidentiality request that meets the requirements
for such treatment under Commission Rule 4.9(c), and the General
Counsel grants that request.
The FTC Act and other laws that the Commission administers permit
the collection of documentary submissions to consider and use in this
proceeding as appropriate. The Commission will consider all timely and
responsive documentary submissions it receives from Dyson. For
information on the Commission's privacy policy, including routine uses
permitted by the Privacy Act, see <a href="https://www.ftc.gov/siteinformation/privacypolicy">https://www.ftc.gov/siteinformation/privacypolicy</a>.
If Dyson needs assistance complying with these instructions, it
should indicate as much in a written submission, and the Commission
will endeavor to provide accommodations. If Dyson does not have the
computer technology necessary to participate in video conferencing, it
will be able to participate in the oral hearing by telephone; it should
indicate as much in its submission.
IV. 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).
By direction of the Commission.
Joel Christie,
Acting Secretary.
[FR Doc. 2024-17105 Filed 8-19-24; 8:45 am]
BILLING CODE 6750-01-P
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