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36088 Federal Register / Vol. 71, No.

121 / Friday, June 23, 2006 / Notices

II. 22 NOTICES OF COMMENCEMENT FROM: 05/22/06 TO 06/2/06—Continued


Commencement
Case No. Received Date Chemical
Notice End Date

P–05–0062 05/22/06 05/11/06 (G) Ether amine phosphonate salt


P–05–0304 05/23/06 05/18/06 (S) 2,4,8,10-tetraoxaspiro[5.5]undecane-3,9-diethanol,
.beta.,.beta.,.beta.’,.beta.’-tetramethyl-
P–05–0552 05/22/06 05/03/06 (G) Aromatic polyurethane polymer
P–05–0722 05/24/06 04/28/06 (G) Carbon black, hydroxy- and 4-[[2-(sulfooxy)ethyl]substituted]phenyl-modi-
fied, sodium salt
P–05–0835 05/19/06 05/09/06 (G) Vinyl homopolymer, salt
P–06–0038 05/24/06 04/30/06 (S) Starch, polymer with 2-propenenitrile, hydrolyzed, potassium salts
P–06–0085 05/30/06 05/19/06 (G) (substituted)-benzenecarboxylic acid,2,2′-[(substituted)
bis[imino(substituted)-azo]] bis-,tetramethyl ester
P–06–0104 05/24/06 04/10/06 (G) Substituted sulfonated phenyl azo naphthalene
P–06–0157 05/19/06 04/12/06 (G) Organic acid salt of an alkylalkanolamine
P–06–0158 05/19/06 04/12/06 (G) Organic acid salt of an alkylalkanolamine
P–06–0159 05/19/06 04/12/06 (G) Organic acid salt of an alkylalkanolamine ethoxylate
P–06–0160 05/19/06 04/12/06 (G) Organic acid salt of an ethoxylated alkanolamine
P–06–0161 05/19/06 04/12/06 (G) Organic acid salt of an alkanolamine
P–06–0174 05/30/06 05/17/06 (G) Amine salt of an organic acid
P–06–0244 05/30/06 05/14/06 (G) Isocyanate functional polyester polyether urethane polymer
P–06–0245 05/25/06 05/10/06 (G) Siloxanes and silicones, di-me, 3-hydroxypropyl me, ethers with
polyalkylene glycol mono[2-hydroxy-3-[[6-(oxiranylalkoxy)alkyl]oxy]alkyl alkyl-
carbomonocyclicdicarboxylate]
P–06–0271 05/31/06 05/22/06 (S) Oils, agathosma ovata
P–06–0292 05/19/06 05/11/06 (G) Olefinic carbamate
P–06–0296 05/19/06 05/13/06 (G) Naphthalenesulfonic acid azo substituted naphthalenesulfonic acid amino
substituted triazine amino substituted phenyl azo phenyl sulfonyl compound
P–06–0301 05/19/06 05/16/06 (G) Modified anionic polyacrylamide
P–93–0999 05/24/06 04/27/06 (G) Modified polymer of alkenoic esters and styrene

List of Subjects encouraged to comment on any part of Beach, Florida, is revised to read as
Environmental protection, Chemicals, the technical bulletin. Written follows:
Premanufacturer notices. comments are requested by June 30, B. Federal Reserve Bank of Atlanta
2006, and should be sent to: (Andre Anderson, Vice President) 1000
Dated: June 8, 2006. Peachtree Street, N.E., Atlanta, Georgia
Wendy M. Comes, Executive Director,
LaRona M. Washington, 30309:
Federal Accounting Standards Advisory
Acting Director, Information Management Board, 441 G Street, NW., Suite 6814, 1. H Financial of Florida, Inc., St.
Division, Office of Pollution Prevention and Augustine, Florida; to become a bank
Mail Stop 6K17V, Washington, DC
Toxics.
20548. holding company by acquiring 100
[FR Doc. E6–9862 Filed 6–22–06; 8:45 am] percent of the voting shares of Haven
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6560–50–S Trust Bank, St. Augustine, Florida.
Wendy Comes, Executive Director, 441 Comments on this application must
G Street, NW., Mail Stop 6K17V, be received by July 13, 2006.
FEDERAL ACCOUNTING STANDARDS Washington, DC 20548, or call (202)
512–7350. Board of Governors of the Federal Reserve
ADVISORY BOARD System, June 20, 2006.
Authority: Federal Advisory Committee Jennifer J. Johnson,
Notice of Issuance of Technical Act. Public Law No. 92–463.
Bulletin 2006–1 Secretary of the Board.
Dated: June 20, 2006. [FR Doc. E6–9937 Filed 6–22–06; 8:45 am]
Board Action: Pursuant to the Federal Charles Jackson, BILLING CODE 6210–01–S
Advisory Committee Act (Pub. L. No. Federal Register Liaison Officer.
92–463), as amended, and the FASAB [FR Doc. 06–5630 Filed 6–22–06; 8:45 am]
Rules Of Procedure, as amended in BILLING CODE 1610–01–M FEDERAL TRADE COMMISSION
April, 2004, notice is hereby given that
the Federal Accounting Standards Agency Information Collection
Advisory Board has issued Technical Activities; Comment Request
Bulletin 2006–1, Recognition and FEDERAL RESERVE SYSTEM
Measurement of Asbestos-Related AGENCY: Federal Trade Commission
Cleanup Costs. Formations of, Acquisitions by, and (‘‘Commission’’ or ‘‘FTC’’).
The proposed Technical Bulletin is Mergers of Bank Holding Companies; ACTION: Notice.
intended to clarify the required Correction
reporting of liabilities and related SUMMARY: The FTC intends to conduct
expenses arising from friable and non- This notice corrects a notice (FR Doc. consumer research to examine the
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friable asbestos-related cleanup costs. E6–9483) published on page 35272 of effectiveness of the FTC’s current energy
The Technical Bulletin is available on the issue for Monday, June 19, 2006. labeling requirements for consumer
the FASAB Web site at http:// Under the Federal Reserve Bank of products and obtain information about
www.fasab.gov/exposure.html, or by Atlanta heading, the entry for H alternatives to those labels. This activity
calling 202–512–7350. Respondents are Financial of Florida, Inc., Ponte Vedra is part of the Commission’s efforts to

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Federal Register / Vol. 71, No. 121 / Friday, June 23, 2006 / Notices 36089

examine the current labeling program, be submitted via facsimile to (202) 395– initiate a rulemaking to consider ‘‘the
as required by section 137 of the Energy 6974 because U.S. Postal Mail is subject effectiveness of the consumer products
Policy Act of 2005 (Pub. L. 109–58). The to lengthy delays due to heightened labeling program in assisting consumers
information collection requirements security precautions. in making purchasing decisions and
described below will be submitted to The FTC Act and other laws the improving energy efficiency.’’ As part of
the Office of Management and Budget Commission administers permit the this effort, the EPCA directs the
(‘‘OMB’’) for review, as required by the collection of public comments to Commission to consider ‘‘changes to the
Paperwork Reduction Act (‘‘PRA’’) (44 consider and use in this proceeding as labeling rules (including categorical
U.S.C. 3501–3520). appropriate. All timely and responsive labeling) that would improve the
DATES: Comments must be received on public comments will be considered by effectiveness of consumer product
or before July 24, 2006. the Commission and will be available to labels.’’
ADDRESSES: Interested parties are the public on the FTC Web site, to the On November 2, 2005, the
invited to submit written comments. extent practicable, at http://www.ftc.gov. Commission published an Advance
Comments should refer to ‘‘Appliance As a matter of discretion, the FTC makes Notice of Proposed Rulemaking
Labeling Research: No. P064200’’ to every effort to remove home contact (‘‘ANPR’’) seeking comments on the
facilitate the organization of comments. information for individuals from the effectiveness of the FTC’s energy
A comment filed in paper form should public comments it receives before labeling regulations for consumer
placing those comments on the FTC products. 70 FR 66307 (November 2,
include this reference both in the text
Web site. More information, including 2005). In that Notice, the Commission
and on the envelope and should be
routine uses permitted by the Privacy stated that the American Council for an
mailed or delivered, with two complete
Act, may be found in the FTC’s privacy Energy Efficient Environment
copies, to the following address: Federal
policy at http://www.ftc.gov/ftc/ (‘‘ACEEE’’) released a report in 2002
Trade Commission/Office of the
privacy.htm. summarizing its research on the
Secretary, Room H–135 (Annex J), 600
EnergyGuide label’s efficacy and on
Pennsylvania Avenue, NW., FOR FURTHER INFORMATION CONTACT:
alternative formats and graphical
Washington, DC 20580. Because paper Requests for additional information
elements for the label.2 More recently,
mail in the Washington area and at the should be addressed to Hampton
the Association of Home Appliance
Commission is subject to delay, please Newsome, Attorney, Division of
Manufacturers (‘‘AHAM’’) conducted
consider submitting your comments in Enforcement, Bureau of Consumer
research that also examined the current
electronic form, as prescribed below. Protection, Federal Trade Commission,
label and alternatives.3 The conclusions
However, if the comment contains any 600 Pennsylvania Avenue, NW.,
reached by AHAM and ACEEE are not
material for which confidential Washington, DC 20580, (202) 326–2889.
in accord. As part of the ongoing
treatment is requested, the comment SUPPLEMENTARY INFORMATION: Section rulemaking proceeding concerning the
must be filed in paper form, and the first 324 of the Energy Policy and effectiveness of the FTC’s energy
page of the document must be clearly Conservation Act of 1975 (‘‘EPCA’’), 42 labeling regulations, the FTC proposes
labeled ‘‘Confidential.’’ 1 The FTC is U.S.C. 6291–6309, requires the to conduct its own consumer research
requesting that any comment filed in Commission to prescribe labeling rules related to the existing label
paper form be sent by courier or for the disclosure of estimated annual requirements and possible alternatives.
overnight service, if possible. energy cost or alternative energy The FTC’s proposed research design
Comments filed in electronic form consumption information for a variety builds on the findings and strategies of
should be submitted by clicking on the of products covered by the statute, prior research and on the comments
following Weblink: https:// including home appliances (e.g., received during the rulemaking
secure.commentworks.com/FTC- refrigerators, dishwashers, air proceeding. For example, similar to
ApplianceResearch and following the conditioners, and furnaces), lighting, prior research by ACEEE, the FTC
instructions on the Web-based form. To and plumbing products. The research will include questions
ensure that the Commission considers Commission’s Appliance Labeling Rule designed to understand how well
an electronic comment, you must file it (‘‘Rule’’), 16 CFR part 305, implements consumers comprehend information
on the web-based form at the https:// these requirements by directing presented in different labeling formats.
secure.commentworks.com/FTC- manufacturers to disclose energy Similar to the research conducted by
ApplianceResearch weblink. If this information about major household AHAM, the FTC’s proposed study will
notice appears at http:// appliances. This information enables involve an Internet panel. While the
www.regulations.gov, you may also file consumers to compare the energy use or project will build on this prior work, the
an electronic comment through that efficiency and operating costs of FTC’s proposed study will address
Web site. The Commission will consider competing models. When initially several issues not raised in the prior
all comments that regulations.gov published in 1979, the Rule applied to studies and will also consider a label
forwards to it. eight appliance categories: Refrigerators, design not addressed in detail by
Comments should also be submitted refrigerator-freezers, freezers, ACEEE or AHAM.
to: Office of Management and Budget, dishwashers, water heaters, clothes On March 15, 2006 (71 FR 13398), the
Attention: Desk Officer for the Federal washers, room air conditioners, and FTC published a Federal Register
Trade Commission. Comments should furnaces. Since then, the Commission
has expanded the Rule’s coverage to 2 Thorne, Jennifer and Egan, Christine, ‘‘An
1 Commission Rule 4.2(d), 16 CFR 4.2(d). The include central air conditioners, heat Evaluation of the Federal Trade Commission’s
comment must be accompanied by an explicit EnergyGuide Label: Final Report and
request for confidential treatment, including the pumps, fluorescent lamp ballasts, Recommendations,’’ ACEEE, August 2002. The
factual and legal basis for the request, and must plumbing products, lighting products, report is available online at http://aceee.org/pubs/
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identify the specific portions of the comment to be pool heaters, and some other types of a021full.pdf.
withheld from the public record. The request will water heaters.
3 AHAM submitted the research results as part of

be granted or denied by the Commission’s General its comments on the ANPR. See AHAM Comments
Counsel, consistent with applicable law and the
Section 137 of the Energy Policy Act in FTC Matter No. R511994, (January 13, 2006)
public interest. See Commission Rule 4.9(c), 16 CFR of 2005 amends the EPCA (42 U.S.C. (http://www.ftc.gov/os/comments/energylabeling/
4.9(c). 6294(a)(2)) to require the Commission to 519870–00016.htm).

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36090 Federal Register / Vol. 71, No. 121 / Friday, June 23, 2006 / Notices

Notice seeking comments from the response, the screener questions will be EnergyGuide label of qualified products
public concerning the FTC’s proposal to asked of approximately 20,000 (see 16 CFR 305.19). The collection of
conduct consumer research to examine consumers, as screening that number this information will allow the FTC staff
the effectiveness of the FTC’s current should enable the FTC to reach its target to gather information about the impacts
energy labeling requirements for sample size of 3,000 individuals. In various label designs have on consumer
consumer products and obtain addition, the FTC will pretest the study comprehension of energy performance
information about alternatives to those on 300 individuals to ensure that all information when labels bear the
labels. No comments were received in questions are easily understood. The ENERGY STAR logo.
response to that Notice. Nonetheless, pretest participants will be drawn from The proposed study will also include
several comments received as part of the the sample population. a control no-label (pure information)
FTC’s Energy Labeling Public Workshop Respondents will be randomly condition. For this condition,
held on May 3, 2006, see 71 FR 18023 assigned to one of approximately eight respondents will view information
(April 10, 2006), address the FTC’s to ten label conditions using a number about appliances, but the information
proposed consumer research for energy of different label designs.7 For example, would not be in a label format. The
labels.4 The issues raised in such one group of respondents will view the purpose of this condition will be to
comments are discussed below under current EnergyGuide label for four explore what information is likely to be
the applicable subheadings. refrigerators with different energy most useful to consumers outside of the
Pursuant to the OMB regulations that characteristics, whereas, a different EnergyGuide labeling context. Finally,
implement the PRA (5 CFR part 1320), group of respondents will view a the research study will also likely
the FTC is providing this second categorical version of the label for the include a refrigerator condition that
opportunity for public comment while same refrigerators. Respondents will combines all full-size refrigerators into
requesting that OMB grant clearance for then answer a series of objective one category (i.e., eliminates separate
the proposed consumer research. All questions about the characteristics of ranges of comparability for
comments should be filed as prescribed the products described in the labels. configurations such as side-by-side
in the ADDRESSES section above, and Respondents will be asked, for example, doors and bottom-mounted freezers).
must be received on or before July 24, to rank the refrigerators in terms of This condition will allow the FTC staff
2006. annual operating costs, annual energy to explore the possible effect of
use, and energy efficiency. In addition, changing the current refrigerator
I. Description of the Collection of
respondents will likely answer categorization system.
Information and Proposed Use In addition to comprehension
questions about the magnitude of cost,
The FTC proposes to collect efficiency, or energy use differences questions, respondents will be asked
information from consumers in order to between different models and about any questions about their prior experience
gather data on the effectiveness of differences in product quality using EnergyGuide labels in order to
current energy labels and possible communicated by the labels. The assess how useful the current labels
alternative label designs. The proposed proportion of consumers who correctly have been and to assess how prior
research study will involve a sample of answer such questions for each experience might impact accuracy rates.
3,000 individuals who are at least 18 condition will be tallied. If there are Respondents will also be asked general
years old and are likely or recent major differences in accuracy rates between questions about the perceived
appliance (e.g., refrigerator or label conditions, the direction and usefulness of certain types of energy-
dishwasher) purchasers.5 A nationwide statistical significance of these related information to assess whether
Internet panel will be used to identify differences will aid FTC staff in labels that feature certain types of
potential respondents and the assessing whether one type of label information, such as energy usage
questionnaire will be administered design is more comprehensible to measured in kWh, categorical measures
online. All information will be collected consumers than alternative designs. of energy efficiency, or operating costs,
on a voluntary basis. The proposed study will also include are likely to be useful.
Subject to OMB approval, the FTC has label conditions with the ENERGY In sum, the label designs will include
contracted with Harris Interactive, a STAR logo, i.e., some groups of the current EnergyGuide label design
consumer research firm that has respondents will view labels bearing the (the control label), a revised version of
substantial experience assessing ENERGY STAR logo and some other the current design using a continuous
consumer communications using the groups will view the same label without bar graph, a categorical ‘‘five-star’’ label,
Internet and other alternative protocols. the ENERGY STAR logo. In addition to and a fourth label prominently featuring
The contractor will first identify answering the same questions posed for operating costs (see Figures 1 and 2 at
respondents using any relevant pre- other label sets (described above), the end of this Notice). The research
existing data in its Internet panel respondents that view the ENERGY will also include a version of each label
database and any necessary additional STAR label conditions will answer including the ENERGY STAR logo.
screening questions. The screener questions about which model or models Thus, the eight primary treatments
questions will be designed to ensure in the set qualify for ENERGY STAR and include: (1) The current label with and
that the demographic composition of the the location of the ENERGY STAR logo without the ENERGY STAR logo, (2) the
sample reasonably matches that of the on the label. The FTC’s regulations modified version of the current label
target population.6 Allowing for non- currently allow manufacturers to place with and without the ENERGY STAR
the ENERGY STAR logo on the logo, (3) the categorical label with and
4 The comments received as part of the FTC’s
without the ENERGY STAR logo, and
Energy Labeling Workshop and the Workshop
transcript are available at http://www.ftc.gov/os/ another appropriate method determined in (4) the label featuring operating costs
publiccomments.htm. conjunction with the contractor, to increase the with and without the ENERGY STAR
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5 FTC staff would like to understand the extent to probability that the selected sample represents the logo. The two other treatments that are
which recent purchasers used current EnergyGuide characteristics of the target population in terms of likely to be used include the no label
labels in addition to the likely effects of geography, gender, age, education, and race/
EnergyGuide labels in the future. ethnicity. (pure information) condition and a
6 As discussed in Section III.D. of this Notice, if 7 Several draft labels appear as Figures 1 and 2 condition collapsing all of the full size
necessary, the FTC will use quota sampling, or at the end of this Notice. refrigerators into one category.

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Federal Register / Vol. 71, No. 121 / Friday, June 23, 2006 / Notices 36091

As discussed above, after being format and be given shopping scenarios will be rotated. The design of the
randomly assigned to a condition, for two products (e.g., dishwashers and proposed study will allow for
respondents will view one type of label refrigerators). The order of the scenarios approximately 300 respondents per cell.

TABLE 1.—LABEL CONDITIONS AND CELL SAMPLE SIZES FOR APPLIANCE LABEL RESEARCH
Condition Sample size

Current EnergyGuide Label ............................................................................................................................................................... 300


Current EnergyGuide Label with ENERGY STAR logo .................................................................................................................... 300
Modified Version of Current Label ..................................................................................................................................................... 300
Modified Version of Current Label with ENERGY STAR logo .......................................................................................................... 300
Categorical Label ............................................................................................................................................................................... 300
Categorical Label with ENERGY STAR logo .................................................................................................................................... 300
Label Featuring Operating Cost ........................................................................................................................................................ 300
Label Featuring Operating Cost with ENERGY STAR logo ............................................................................................................. 300
Pure Information (No Recognizable Label Format) .......................................................................................................................... 300
Current EnergyGuide Label with Collapsed Refrigerator Categories ............................................................................................... 300

Total Sample .............................................................................................................................................................................. 3000

II. Labels for the Consumer Research The respondents will then answer a to use labels that are representative of
series of questions about these models. models on the market but do not
As discussed above, the FTC plans to For example, respondents viewing necessarily reflect the attributes of
present research participants with labels categorical label designs will see four actual products. The data that the staff
from several hypothetical refrigerator- categorical-type labels representing plans to use for these various labels are
freezer models and dishwasher models different models with varying energy as follows:
for each specific label design category. performance attributes. The staff plans
TABLE 2.—DISHWASHER MODELS FOR CONSUMER RESEARCH
Yearly oper- Yearly
Yearly Energy fac- ating cost— opeating Number of
energy use tor electric cost—nat. stars
(kWh/yr) (EF) water gas water
heating heating

Model A .................................................................................................... 433 .497 $42 $35 1


Model B .................................................................................................... 380 .566 37 30 3
Model C ................................................................................................... 363 .592 36 28 4
Model D ................................................................................................... 297 .724 29 22 5

TABLE 3.—REFRIGERATOR-FREEZER MODELS FOR CONSUMER RESEARCH


Yearly Yearly oper- Number of
energy use ating cost stars
(kWh/yr)

Model A .................................................................................................................................................... 680 $67 1


Model B .................................................................................................................................................... 600 59 3
Model C ................................................................................................................................................... 580 57 4
Model D ................................................................................................................................................... 539 53 5

In calculating the operating costs for CFR 305, Appendix A8). Models C and available on the market in creating these
these models, the FTC staff used the D for both appliance categories qualify designations. See http://www.ftc.gov/
Department of Energy (‘‘DOE’’) 2006 as ENERGY STAR models.8 appliancedata. For dishwashers, the
Representative Average Unit Costs of The system for assigning categorical categories are as follows: 0 to 9.99 % =
$0.0981 per kWh for electricity and stars to these models stems from a 1 star; 10 to 19.99% = 2 stars; 20 to
$1.415 per therm for natural gas. All comparison of the model’s energy 24.99% = 3 stars; 25 to 29.9% = 4 stars;
dishwasher models are standard-size performance to DOE minimum and 30% and over = 5 stars. For
units. All refrigerator-freezer models standards expressed as a percentage refrigerators, the categories are: 0 to
feature side-by-side door configurations above that standard. The FTC staff has
4.99% = 1 star; 5 to 9.99% = 2 stars; 10
developed these categories for the
with through-the-door ice service. The to 14.99% = 3 stars; 15% to 19.99 % =
limited purpose of drafting a small
volume of each refrigerator model is 4 stars; and 20% or greater = 5 stars.
number of labels for use in the
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assumed to be 23 cubic feet and the consumer research. Nevertheless, the ENERGY STAR models correspond to
adjusted volume for each is assumed to staff has considered models currently four or five stars under this categorical
be 27.7 cubic feet. The applicable range system.
of comparability for these refrigerator 8 The letter designations ‘‘A,’’ ‘‘B,’’ ‘‘C,’’ and ‘‘D’’

models is 539 to 698 kWh/yr (see 16 will not be used during the research.

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36092 Federal Register / Vol. 71, No. 121 / Friday, June 23, 2006 / Notices

III. Public Comments viewed in conjunction with the plan. CEE also requested that the FTC
As noted above, the FTC did not ENERGY STAR logo. For similar develop and publish a timeline that
receive any comments in response to its reasons, the FTC does not plan to defines the necessary steps in this
March 15, 2005 Federal Register Notice address the impact of revised label rulemaking.
related to the Paperwork Reduction Act. designs on voluntary efficiency Discussion: In developing the
However, as part of the FTC’s Energy programs in its consumer research. This consumer research, the FTC staff has
Labeling Workshop held on May 3, is an important issue, however, and it is considered the prior work in this area
2006, the Commission invited and expected that stakeholders will provide including the ACEEE and AHAM
received written comments. Several of their views on this issue as the research. This prior work has allowed
these comments directly addressed the rulemaking proceeding continues. the FTC to narrow its focus to a few
FTC’s proposed consumer research for specific label designs and several
B. Purpose of Labeling Program specific questions regarding those label
energy labels and are discussed below.
Comment: ACEEE indicated that the designs. For example, the focus group
A. ENERGY STAR and Consumer ‘‘FTC should make clear its work conducted by ACEEE has helped
Research interpretation of Congress’s intent for to identify concerns that the current
Comment: The Consortium on Energy the appliance labeling program prior to label design is wordy, cluttered, and too
Efficiency (‘‘CEE’’) urged the FTC to conducting research on the program.’’10 complex.11 In addition, the FTC staff
consider the impact that a categorical Discussion: In promulgating the has chosen not to pursue several label
label would have on consumer Appliance Labeling Rule in 1979 (44 FR designs that did not fare well in the
understanding of ENERGY STAR.9 For 66466 (November 19, 1979)), the ACEEE research such as speedometer
example, CEE suggested that, in Commission provided the following and thermometer formats. Moreover, the
analyzing a categorical label design, the statement: ‘‘The primary purpose of the FTC plans to include both the
FTC should consider the consumer Commission’s rule is to encourage categorical star label and the revised
impacts of equating the ENERGY STAR consumers to comparison-shop for bar-graph label in its research.12 These
level consistently with a category 4 (i.e., energy-efficient household appliances. designs figured prominently in both the
4 stars). CEE asked about the impacts of By mandating a uniform disclosure AHAM and ACEEE research.13
setting different ENERGY STAR scheme for energy consumption The FTC will not conduct the planned
categories for different products (e.g., information, the rule will permit consumer research until it receives
ENERGY STAR is equivalent to category consumers to compare the energy clearance from the OMB under the
3 or higher for clothes washers and efficiency of competing appliances and Paperwork Reduction Act. The timing of
category 4 or higher for dishwashers). to weigh this attribute against other such clearance is not certain. Once
CEE also suggested that the FTC product features in making their clearance is granted and the research is
research address the fact that ENERGY purchasing decisions. If the labeling completed, the FTC staff will
STAR does not apply to all products program works as expected, the recommend proposed rule changes, if
bearing an EnergyGuide label (e.g., availability of this new information any, to the Commission. The
water heaters). Finally, CEE urged the should enhance consumer demand for Commission will issue a Federal
FTC to explore how a revised appliances that save energy. In turn, Register Notice soliciting comment on
EnergyGuide label would impact competition should be generated among any proposed rule changes. Congress
voluntary efficiency programs, such as manufacturers to meet this demand by has directed the Commission to issue
those administered by CEE members. producing more energy-efficient any final amendments to the Rule by
Discussion: The FTC consumer appliances.’’ FTC staff believes this August 2007.
research will consider the impacts of Commission statement provides
various label designs on the ENERGY D. Nationally Representative Research
sufficient guidance for the proposed
STAR logo. By testing whole groups of consumer research. Comment: One commenter stated that
labels with and without the ENERGY the ‘‘sampling technique utilized in
STAR logo, the research should yield C. Importance of Prior Research quantitative market research must allow
useful information about the effect that Comment: Some commenters urged the sample to be representative of the
various label designs have on consumer the FTC to build on prior research census (entire body) of the group being
comprehension when the designs are results in conducting the consumer surveyed. In the case of appliance
coupled with the ENERGY STAR logo. research for this proceeding. In purchasers, the research must be
Respondents will also address questions particular, ACEEE indicated that to ‘nationally representative,’ or represent
specifically related to the ENERGY ‘‘make the most of the time and the U.S. adult population.’’ 14
STAR logo. For the purposes of the resources available, any research Discussion: As discussed above, the
research, the categorical label designs conducted should build on the results of FTC has contracted with Harris
will equate ENERGY STAR with four prior research on the EnergyGuide Interactive to administer the study. The
and five star ratings. Given resource and labeling program and the design of sample for the study will be drawn from
time constraints, it is necessary for the effective energy labels conducted in the Harris Interactive’s existing Internet
FTC staff to manage the scope and detail U.S. and abroad.’’ In addition, ACEEE panel, which has more than 4 million
of issues explored in the research. stated that any new EnergyGuide members throughout the nation. The
Although the FTC does not plan to variations ‘‘must be tested alongside the panel is derived from a variety of
address all the scenarios involving the primary alternatives identified in earlier
11 SeeThorne and Eagan, supra n. 3.
ENERGY STAR logo suggested by CEE, research * * *.’’ Both CEE and ACEEE
12 SeeFigures 1 and 2 at the end of this Notice.
FTC staff believes the planned research recommend that the FTC review
13 The FTC staff is also aware of studies that have
will provide useful information about existing domestic and international
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been conducted in other countries. See, e.g.,


the impacts of the various label designs research before crafting its own research Collaborative Labeling and Appliance Standards
Program (CLASP) Comments in FTC Matter No.
9 Consortium for Energy Efficiency Comments in 10 American Council for an Energy-Efficienty R511994 (Jan. 13, 2006).
FTC Matter No. P064201 (May 17, 2006), pp. 1–3 Economy Comments in FTC Matter No. P064201 14 Whirlpool Comments in FTC Matter No.

(hereinafter ‘‘CEE Comments’’). (May 17, 2006) (hereinafter ‘‘ACEEE Comments’’). P064201.

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convenience sampling procedures, (see Figures 1 and 2 at the end of this Discussion: The FTC staff does not
rather than true probability sampling Notice). Unlike the current label design, plan to consider lifecycle cost in the
techniques. The sample for this research which provides information on energy consumer research. Under the EPCA (42
will therefore not be nationally use for some products and energy U.S.C. 6294), the disclosures on
representative in the classic sense. efficiency for others, operating costs EnergyGuide labels must be derived
However, Harris Interactive has studied provide information that is consistent from DOE test procedures. It is the FTC
the relationship between samples from across all labels. At the same time, FTC staff’s understanding that such test
its Internet panel and samples collected staff recognizes that the cost information procedures do not contain information
using more traditional probability can create concerns if the fuel prices about lifecycle costs such as emissions
sampling techniques. Based on these (e.g., national electricity rates or natural of air pollutants and carbon dioxide.
studies, Harris has developed gas prices) used to calculate label Accordingly, the consumer research will
procedures to ensure that differences information change frequently. Under focus on alternative label designs that
between the results of Harris’ Internet the current Rule, the FTC changes the contain information readily provided by
panel studies, and studies based on true fuel costs only when the ranges for a existing DOE test procedures such as
probability samples of the nation, are particular product change. This means annual operating cost and electricity
minimized. More specifically, Harris that the ranges (and thus the fuel rates) use.
has used a variety of techniques, for most products change on an irregular
including demographic weighting, IV. Estimated Hours Burden
basis (usually once every several years).
propensity scoring, and quota sampling At the Workshop, one participant As discussed above, allowing for non-
in order to obtain accurate projections of suggested that the FTC change the response, screener questions will be
national sentiment based on samples underlying fuel costs used to calculate asked of approximately 20,000
drawn from its Internet panel. such information once every several respondents in order to obtain the FTC’s
Accordingly, FTC staff will work with years on a regular basis.18 Such an target sample size of 3,000 individuals
Harris to ensure that the sample is as approach could minimize the potential who are at least 18 years old and are
representative of the nation as possible. problems associated with frequent fuel likely major appliance purchasers. FTC
At the same time, the FTC staff rate changes. FTC staff intends to staff estimates that it will take
recognizes that there may be some consider this issue during the consumers one minute to respond to the
limitations in the use of an Internet underlying rulemaking process. screener questions. Thus, the total
panel, rather than a national probability burden related to the screener questions
sample, and plans to discuss such issues F. Miscellaneous Comments
will be approximately 333 hours (20,000
in any analysis of the data and reports Comment: CEE suggested that the FTC respondents × 1 minute).
of the findings. consider whether consumers find The FTC also intends to pretest the
E. Percentage Label and Cost Label certain elements of the categorical or consumer questionnaires on
continuous labels confusing or approximately 300 respondents to
Comment: As part of its Energy
redundant. CEE also suggested that the ensure that all questions are easily
Labeling Workshop, the FTC sought
FTC explore the consumer impacts of understood. The FTC staff estimates that
comment on an alternative label design
limiting the number of products that conducting the pretest will take
that compared a model’s energy
qualify for the highest rating for a approximately 20 minutes on average
efficiency to DOE minimum standards
in the form of a percentage. See 71 FR categorical label system. per person, resulting in a total of
18023. Several workshop participants Discussion: The FTC’s proposed approximately 100 burden hours (300
raised concerns that percentage research will ask consumers to conduct respondents × 20 minutes). Although
information may be confusing to a series of tasks related to a group of the target sample is 3,000 individuals,
consumers, inadequately distinguish the labels. This should provide data about the procedures used by the contractor
energy efficiency of some products the effectiveness of the alternative may yield responses from a slightly
(such as water heaters), and create labels, including whether they convey higher number of individuals.
complications as DOE minimum accurate information or cause Accordingly, using a conservative
standards change over time.15 confusion. Given resource and time estimate of 3,200 individuals, the FTC
Conversely, several workshop constraints, the research will not staff further estimates that participating
participants suggested that operating directly address the impacts of limiting in the study will require an additional
costs is a measure that is easy for the number of products that qualify for 1067 hours as a whole (3,200
consumers to understand.16 Indeed, one the highest rating for a categorical respondents × 20 minutes). Thus, the
written comment suggested that the FTC system. Commenters may submit views total burden hours for the proposed
consider such a label and provided an on such impacts. study will be approximately 1,500 hours
example.17 Comment: CEE asked whether the (333 hours + 100 hours + 1067 hours).
Discussion: Given these concerns, research would address the impacts on
V. Estimated Cost Burden
FTC staff is not planning to use the consumer comprehension of replacing
percentage label design in its proposed annual operating cost information with The cost per respondent should be
consumer research. In lieu of testing the lifecycle costs (which the FTC staff negligible. Participation is voluntary
percentage label, FTC staff is planning assumes to include factors such as and will not require start-up, capital, or
to consider a design that focuses on emissions of air pollutants associated labor expenditures by respondents.
operating cost as the primary descriptor with a product’s manufacture and use). BILLING CODE 6490–01–P
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15 See, e.g., Energy Labeling Workshop Transcript Institute Comments in FTC Matter No. P064201 17 Whirlpool Corporation Comments in FTC

(May 3, 2006) at pp. 56–61, and 82 (‘‘Workshop (May 17, 2006). Matter No. P064201 (May 17, 2006).
Transcript’’) available at http://www.ftc.gov/os/ 16 See Workshop Transcript at 125–126. One 18 See Workshop Transcript at 133.
comments/energylabeling-workshop/ written comment suggested that the FTC consider
060503wrkshoptrnscript.pdf; Edison Electric such a label and provided an example.

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36096 Federal Register / Vol. 71, No. 121 / Friday, June 23, 2006 / Notices

John D. Graubert, agency’s estimate of the burden of the models, each community articulates
Acting General Counsel. proposed collection of information; (c) goals, objectives, and related activities;
[FR Doc. 06–5631 Filed 6–22–06; 8:45 am] ways to enhance the quality, utility, and tracks whether goals and objectives are
BILLING CODE 6750–01–C clarity of the information to be met, ongoing, or revised; and evaluates
collected; and (d) ways to minimize the all program activities. This information
burden of the collection of information is then entered into the REACH
on respondents, including through the Information Network (REACH IN).
DEPARTMENT OF HEALTH AND use of automated collection techniques REACH IN is a customized Internet-
HUMAN SERVICES or other forms of information based support system that allows
Centers for Disease Control and technology. Written comments should REACH 2010 grantees to perform remote
Prevention be received within 60 days of this data entry and retrieval of data.
notice. This support system is designed to
[60Day-06–0603] Proposed Project create on-demand graphs and reports of
grantees’ activities and
Proposed Data Collections Submitted Information Network (REACH IN)—
accomplishments, monitor progress
for Public Comment and Extension (0920–0603)—National
toward the achievement of goals and
Recommendations Center for Chronic Disease Prevention
objectives, and share and synthesize
and Health Promotion (NCCDPHP),
In compliance with the requirement information across grantees’ activities.
Centers for Disease Control and
of section 3506(c)(2)(A) of the Both quantitative and qualitative
Prevention (CDC).
Paperwork Reduction Act of 1995 for analyses can be performed. These
opportunity for public comment on Background and Brief Description analyses relate primarily to three stages
proposed data collection projects, the Racial and Ethnic Approaches to of the REACH 2010 logic model:
Centers for Disease Control and Community Health 2010 (REACH 2010) Capacity building, targeted actions
Prevention (CDC) will publish periodic currently funds forty local coalitions to (interventions), and community and
summaries of proposed projects. To establish community based programs systems change and change among
request more information on the and culturally appropriate interventions change agents. Users are supported with
proposed projects or to obtain a copy of to eliminate racial and ethnic health technical assistance and training,
the data collection plans and disparities. Two previously funded covering the usage of the system from a
instruments, call 404–639–5960 and grantees also retain access to the system. content/project goals perspective, and
send comments to Seleda Perryman, Communities served by REACH 2010 technical operations.
CDC Assistant Reports Clearance include: African American, American The annualized estimated burden is
Officer, 1600 Clifton Road, MS–D74, Indian, Hispanic American, Asian based on 42 respondents, including 40
Atlanta, GA 30333 or send an e-mail to American, and Pacific Islander. These currently funded grantees and two that
omb@cdc.gov. communities can select among infant were funded previously who retain
Comments are invited on: (a) Whether mortality, deficits in breast and cervical access to the system. It is estimated that
the proposed collection of information cancer screening and management, they each use the system four times a
is necessary for the proper performance cardiovascular diseases, diabetes, HIV/ year to enter data, each data entry taking
of the functions of the agency, including AIDS, and deficits in childhood and about 30 minutes. There are no costs to
whether the information shall have adult immunizations to be the focus of respondents except their time to
practical utility; (b) the accuracy of the their interventions. Guided by logic participate.

ESTIMATED ANNUALIZED BURDEN HOURS


Average
Number of
Number of burden per Total burden
Respondents responses per
respondents response hours
respondent (in hrs.)

REACH 2010 grantees .................................................................................... 42 4 30/60 84

Dated: June 15, 2006. DEPARTMENT OF HEALTH AND summaries of proposed projects. To
Joan F. Karr, HUMAN SERVICES request more information on the
Acting Reports Clearance Officer, Centers for proposed projects or to obtain a copy of
Disease Control and Prevention. Centers for Disease Control and the data collection plans and
[FR Doc. E6–9919 Filed 6–22–06; 8:45 am]
Prevention instruments, call 404–639–5960 and
BILLING CODE 4163–18–P [60Day–06–0214] send comments to Seleda Perryman,
CDC Assistant Reports Clearance
Proposed Data Collections Submitted Officer, 1600 Clifton Road, MS–D74,
for Public Comment and Atlanta, GA 30333 or send an e-mail to
Recommendations omb@cdc.gov.
In compliance with the requirement Comments are invited on: (a) Whether
of section 3506(c)(2)(A) of the the proposed collection of information
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Paperwork Reduction Act of 1995 for is necessary for the proper performance
opportunity for public comment on of the functions of the agency, including
proposed data collection projects, the whether the information shall have
Centers for Disease Control and practical utility; (b) the accuracy of the
Prevention (CDC) will publish periodic agency’s estimate of the burden of the

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