Rule2026-00690
Removing Obsolete Regulations Establishing Procedures for a Voluntary Labeling Program for Household Appliances and Equipment To Effect Energy Conservation
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
January 15, 2026
Effective
January 15, 2026
Issuing agencies
Commerce Department
Abstract
By this rule, the Department of Commerce is removing its regulations establishing a voluntary labeling program for household appliances and equipment designed to promote energy conservation. This action is necessary because the voluntary program is obsolete and has been superseded by the comprehensive Appliance Labeling Rule, administered by the Department of Energy and the Federal Trade Commission, which mandates manufacturers attach EnergyGuide labels to their products to help consumers compare different products and make informed purchasing decisions. The intended effect of this removal is to streamline the regulatory code, eliminate a duplicative and unnecessary program, and reduce the potential for public confusion.
Full Text
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<title>Federal Register, Volume 91 Issue 10 (Thursday, January 15, 2026)</title>
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[Federal Register Volume 91, Number 10 (Thursday, January 15, 2026)]
[Rules and Regulations]
[Pages 1680-1681]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00690]
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DEPARTMENT OF COMMERCE
15 CFR Part 9
[Docket ID 260107-0005]
RIN 0605-AA72
Removing Obsolete Regulations Establishing Procedures for a
Voluntary Labeling Program for Household Appliances and Equipment To
Effect Energy Conservation
AGENCY: Office of the Secretary, Department of Commerce.
ACTION: Final rule.
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SUMMARY: By this rule, the Department of Commerce is removing its
regulations establishing a voluntary labeling program for household
appliances and equipment designed to promote energy conservation. This
action is necessary because the voluntary program is obsolete and has
been superseded by the comprehensive Appliance Labeling Rule,
administered by the Department of Energy and the Federal Trade
Commission, which mandates manufacturers attach EnergyGuide labels to
their products to help consumers compare different products and make
informed purchasing decisions. The intended effect of this removal is
to streamline the regulatory code, eliminate a duplicative and
unnecessary program, and reduce the potential for public confusion.
DATES: The rule is effective January 15, 2026.
FOR FURTHER INFORMATION CONTACT: Daniel Sweeney, Senior Counsel, Office
of the General Counsel, at (202) 482-1395.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Commerce (the Department) is amending the
regulations at 15 CFR part 9, ``Procedures for a Voluntary Labeling
Program for Household Appliances and Equipment to Effect Energy
Conservation,'' by removing part 9 in its entirety. These regulations
establish the procedures for a voluntary program designed to provide
consumers with energy consumption and efficiency information for
household appliances; however, that program has been superseded by the
comprehensive, mandatory EnergyGuide labeling program administered by
the Department of Energy and the Federal Trade Commission.
Regulatory History
The Department of Commerce established the voluntary labeling
program in a final rule published in the Federal Register on October
26, 1973 (38 FR 29574). The program was created in response to
President Richard Nixon's 1973 Energy Message to Congress, which
directed the Department, in cooperation with the Council on
Environmental Quality and the Environmental Protection Agency, to
develop a voluntary labeling system for energy-consuming home
appliances. The stated goal of the program was to encourage
manufacturers to provide consumers with clear, uniform, and easily
understandable information about the energy consumption and efficiency
of household appliances at the point of sale. This information would
enable consumers to compare products and select those that could
achieve energy savings. The primary statutory authorities cited for the
establishment of this part were 15 U.S.C. 272, Reorganization Plan No.
3 of 1946, and the President's Message Concerning Energy Resources of
April 18, 1973.
The Department later amended the regulations in a final rule
published on August 13, 1975 (40 FR 33966). This amendment made two
primary changes: it revised the definition of manufacturer to clarify
the inclusion of private brand labelers, and it expanded the scope of
the program by adding television receivers to the list of covered
equipment.
Description of the Subject Regulations
The regulations at 15 CFR part 9 created a comprehensive framework
for the voluntary labeling program. Section 9.0 states the purpose of
the part is to establish the procedures for this program. Section 9.1
outlines the program's goal, which is to provide consumers with energy
consumption and efficiency information for household appliances to help
them make informed purchasing decisions. Section 9.2 provides
definitions for key terms used throughout the part, such as
manufacturer, energy consumption, and energy efficiency; the definition
for manufacturer was revised in 1975 to explicitly include private
brand labelers. Section 9.3 specifies the initial appliances and
equipment included in the program, such as air conditioners,
refrigerators, and water heaters, and was amended in 1975 to also
include television receivers.
The regulations also established the operational mechanics of the
program. Section 9.4 details the process for the Secretary of Commerce
to develop ``Voluntary Energy Conservation Specifications'' for
different classes of appliances. This process included publishing
proposed specifications for public comment and ensuring each
specification contained test methods, a prototype label, and conditions
for manufacturer participation. Section 9.5 outlines the requirements
for manufacturers who chose to participate, including notifying the
Department, conducting tests to generate the data on the label, and
displaying the label on their products. Section 9.6 specifies the
conditions under which a manufacturer's participation could be
terminated. Section 9.7 required the Department to develop and register
a ``Department of Commerce Energy Conservation Mark'' for use on the
labels.
Finally, the part includes provisions for program maintenance and
outreach. Section 9.8 provides a procedure for amending or revising the
specifications. Section 9.9 directs the Department to conduct a
consumer education program to explain the significance of the labels.
Section 9.10 requires the Department to coordinate with State and local
governments to promote uniformity in appliance labeling programs.
Section 9.11 mandates that the Secretary prepare an annual report on
the program's activities.
II. Discussion
The Department of Commerce is removing 15 CFR part 9 in its
entirety. These regulations, established in 1973, created a voluntary
labeling program for household appliances to promote energy
conservation. After a thorough review, the Department has determined
that this
[[Page 1681]]
program is obsolete and has been entirely superseded by subsequent,
more comprehensive federal energy conservation and labeling programs.
Elimination of a Duplicative and Unnecessary Program
The primary policy basis for removing 15 CFR part 9 is that its
purpose and function have been rendered unnecessary and duplicative by
the mandatory energy labeling program established under the Energy
Policy and Conservation Act of 1975 (EPCA). That program, which is
jointly administered by the U.S. Department of Energy (DOE) and the
Federal Trade Commission (FTC), created the familiar yellow
``EnergyGuide'' label found on major home appliances today. The
EnergyGuide program is a comprehensive, mandatory, and nationally
recognized system that effectively achieves the original goals of the
Department's voluntary program from 1973. It provides consumers with
clear, standardized information on appliance energy consumption and
efficiency, enabling them to make informed purchasing decisions.
Given the success and ubiquity of the mandatory DOE/FTC program,
the Department's older, voluntary program serves no remaining practical
purpose. Its continued existence in the Code of Federal Regulations is
redundant and creates the potential for public confusion. Removing
these obsolete regulations is a common-sense administrative action that
streamlines the regulatory code and eliminates a program that no longer
provides a benefit to the public, regulated entities, or the
government. The removal of the entire part, from the purpose and
definitions in Sec. Sec. 9.0 through 9.2 to the operational procedures
in Sec. Sec. 9.3 through 9.8 and the outreach and reporting
requirements in Sec. Sec. 9.9 through 9.11, is necessary as all of
these provisions are integral components of a program that is no longer
active or needed.
The Department has concluded that the establishment of this
specific voluntary labeling program is not mandated by statute. The
program was originally created under the Department's general
authorities, including those found in 15 U.S.C. 272, and in response to
a 1973 Presidential message. However, the cited statutory authorities
grant general functions related to standards and technology; they do
not contain a specific congressional command to create or maintain this
particular appliance labeling program. Because the underlying program
is not statutorily required and has been fully superseded by a
congressionally mandated program administered by other federal
agencies, the Department believes that its complete removal is the most
appropriate course of action.
III. Classification
A. Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(4)(B), the Department finds good cause
to waive the prior notice and opportunity for public participation
requirements of the Administrative Procedure Act for this final rule.
The Department has determined that prior notice and opportunity for
public participation is unnecessary because, as discussed above, the
voluntary program being eliminated by this action has already been
superseded and rendered obsolete by the comprehensive Appliance
Labeling Rule, administered by the Department of Energy and the Federal
Trade Commission, and the EnergyGuide program. Furthermore, because the
Department firmly expects that it would not receive any comments--let
alone any significant comments--on this rulemaking, and because
eliminating clutter from the Code of Federal Regulations would provide
some immediate benefits to the public, the Department finds that
proceeding with notice and comment for this rulemaking would be
contrary to the public interest
For these reasons, there is also good cause under 5 U.S.C. 553(d)
to waive the 30-day delay in effectiveness.
B. Executive Orders 12866 and 14192
This rule has been determined to be not significant for purposes of
E.O. 12866. This rule is an E.O. 14192 deregulatory action.
C. Regulatory Flexibility Act
Because prior notice and an opportunity for public participation
are not required pursuant to 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are not applicable. Accordingly, no regulatory flexibility
analysis is required, and none has been prepared.
D. National Environmental Policy Act
For the purposes of compliance with the National Environmental
Policy Act (NEPA), the Department has concluded that this rulemaking
action falls within the National Telecommunications and Information
Administration (NTIA) categorical exclusion (CE) A-2, ``Preparation of
policy directives, rules, regulations, and guidelines of an
administrative, financial, legal, technical, or procedural nature, or
for which the environmental effects are too broad, speculative or
conjectural to lend themselves to meaningful analysis and will be
subject later to the NEPA process, either collectively or on a case-by-
case basis.'' The Department has consulted with NTIA pursuant to 42
U.S.C. 4336 and agreed that the Department will adopt this CE for the
purposes of this rulemaking.
E. Paperwork Reduction Act
These regulations do not contain any information collection
requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501
et seq.
List of Subjects for 15 CFR Part 9
Administrative practice and procedure, Consumer protection, Energy
conservation, Household appliances, Labeling, Reporting and
recordkeeping requirements.
Dated: January 13, 2026.
Paul Dabbar,
Deputy Secretary of Commerce.
PART 9--[REMOVED AND RESERVED]
0
Accordingly, for the reasons set forth above part 9 of title 15 of the
Code of Federal Regulations and under the authority of 15 U.S.C. 272
and 5 U.S.C. 301, the Department of Commerce removes 15 CFR part 9.
[FR Doc. 2026-00690 Filed 1-14-26; 8:45 am]
BILLING CODE 3510-13-P
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</html>Indexed from Federal Register on January 15, 2026.
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