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'')

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FEDERAL TRADE COMMISSION 16 CFR Part 305 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. ACTION: Final rule.

SUMMARY: The Federal Trade Commission (‘‘Commission’’) amends its Appliance Labeling rule by publishing new ranges of comparability to be used on required labels for refrigerators, refrigerator-freezers, and freezers, and by issuing corrections to its ranges of comparability for room air conditioners, which were published on August 21, 1995.1 The Commission also announces that the ranges of comparability for central air conditioners and heat pumps, which were published on August 5, 1994,2 will remain in effect until further notice. Finally, the Commission is amending the portions of Appendices H (Cooling Performance and Cost for Central Air Conditioners) and I (Heating Performance and Cost for Central Air Conditioners) to part 305 that contain cost calculation formulas. These amendments change the figures in the formulas to reflect the current Representative Average Unit Cost of electricity that was published in January by the Department of Energy (‘‘DOE’’). EFFECTIVE DATE: February 12, 1996. FOR FURTHER INFORMATION CONTACT: James Mills, Attorney, Division of Enforcement, Federal Trade Commission, Washington, D.C. 20580 (202–326–3035).

SUPPLEMENTARY INFORMATION: Background Section 324 of the Energy Policy and Conservation Act of 1975 (‘‘EPCA’’) 3 requires the Commission to consider labeling rules for the disclosure of estimated annual energy cost or alternative energy consumption

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56946 Federal Register / Vol. 60, No. 218 / Monday, November 13, 1995 / Rules and Regulations 4 FR 66466, 16 CFR Part 305 (Nov. 19, 1979). The Statement of Basis and Purpose for the final Rule describes the reasons the Commission declined to cover the other categories of covered products. Id. at 66467–69.

5 52 FR 46888 (Dec. 10, 1987). 6 54 FR 28031 (July 5, 1989). 7 58 FR 54955 (Oct. 25, 1993). 8 59 FR 25176 (May 13, 1994). 9 59 FR 49556 (Sept. 28, 1994). 10 59 FR 34014.

11 59 FR 63688.

12 Reports for central air conditioners and heat pumps are due July 1; reports for refrigerators, refrigerator-freezers, and freezers are due August 1. 13 16 CFR 430.32(a) (1995). 14 59 FR 1626.

15 See note 1, above.

16 16 CFR 430.32(b) (1995). information for at least thirteen categories of appliances. Refrigerators, refrigerator-freezers, room air conditioners, central air conditioners, and heat pumps are included in those categories. The statute also requires DOE to develop test procedures that measure how much energy the appliances use, and to determine the representative average cost a consumer pays for the different types of energy available.

On November 19, 1979, the Commission issued the Appliance Labeling Rule (‘‘Rule’’), which covered seven of the thirteen appliance categories that were then covered by DOE test procedures: refrigerators and refrigerator-freezers, freezers, dishwashers, clothes washers, water heaters, room air conditioners and furnaces (this category includes boilers).4 The Commission has extended the coverage of the Rule five times since it originally issued the Rule: in 1987 (central air conditioners, heat pumps, and pulse combustion and condensing furnaces 5); 1989 (fluorescent lamp ballasts 6); 1993 (certain plumbing products 7 and certain lighting products 8), and in 1994 (pool heaters, instantaneous water heaters, and heat pump water heaters 9).

On July 1, 1994, the Commission amended the Rule to make certain improvements, including making the label format more ‘‘user-friendly,’’ changing the energy usage descriptors required on labels, and adopting new product sub-categories for ranges of comparability purposes.10 The amendment prescribing a new label format affects the labels for all products. Labels for refrigerators, refrigeratorfreezers, and freezers also are affected by the amendments requiring a new energy use descriptor and revised product sub-categories. More specifically, the amendments change the principal energy usage descriptor on labels for refrigerators, refrigeratorfreezers, and freezers from an estimated annual operating cost to an estimated annual energy consumption. In addition, the amendments eliminate the cost grid from the labels and add a secondary disclosure of energy usage in the form of an estimated annual operating cost in a box at the bottom of the label, with an expanded disclosure of the usage assumptions and electrical cost upon which the operating cost is based. The original effective date of these amendments was December 28, 1994, but, on December 8, 1994, the Commission granted a partial delay of compliance dates for these products.11 The Commission announces today that manufacturers of refrigerators, refrigerator-freezers, and freezers must begin using the new labels (and ranges of comparability published herein) on all covered products manufactured on or after the effective date of today’s notice.

Section 305.8(b) of the Rule requires manufacturers, after filing an initial report, to report annually by specified dates for each product type.12 These reports contain the estimated annual energy consumption or energy efficiency ratings for the appliances derived from tests performed pursuant to the DOE test procedures. Because manufacturers regularly add new models to their lines, improve existing models, and drop others, the data base from which the ranges of comparability are calculated is constantly changing. To keep the required information on labels up to date, the Commission is empowered, under Section 305.10 of the Rule, to publish new ranges (but not more often than annually) if an analysis of the new information indicates that the upper or lower limits of the ranges have changed by more than 15%. Otherwise, the Commission must publish a statement that the prior ranges remain in effect for the next year. New Ranges of Comparability for Refrigerators, Refrigerator-freezers, and Freezers The Commission has analyzed annual submissions of data for refrigerators, refrigerator-freezers, and freezers. The submissions have resulted in new ranges of comparability figures for these products. In compiling these ranges of comparability, the Commission did not include the estimated annual energy consumption of models with energy consumption in excess of DOE’s current maximum energy use standards for this category, which became effective on January 1, 1993.13 After that date, it became illegal to distribute in commerce products that exceed those standards. Because the standards have been in place for almost three years, the number of legally produced, but nonconforming, products still in the marketplace is likely to be small. Therefore, it is no longer appropriate to include those products in the ranges. The new ranges will supersede the current ranges for refrigerators, refrigerator-freezers, and freezers, which were published on January 12, 1994.14 Corrections to Ranges of Comparability for Room Air Conditioners That Were Published on August 21, 1995 Energy efficiency figures for 1995 for room air conditioners were submitted earlier this year by manufacturers and analyzed by the Commission. New ranges of comparability based upon them were published in the Federal Register on August 21, 1995.15 The Commission staff has learned since publication that there were inadvertent errors in the ranges. The new ranges published today contain the corrected numbers. In preparing these corrections and in compiling the earlier ranges of comparability for these products, the Commission did not include the energy efficiency of models with efficiencies below DOE’s current minimum efficiency standards for room air conditioners, which became effective on January 1, 1990.16 The Commission’s reasoning is the same as in the case of the new ranges for refrigeration products, discussed above. For the sake of clarity, the Commission is republishing the complete set of ranges for room air conditioners in their corrected form.

Although these corrected ranges of comparability for room air conditioners are being published prior to the effective date of the August 21, 1995 notice, which is hereby rescinded, manufacturers need not relabel any room air conditioners already labeled and may use any labels that were ordered or printed before the date of this notice in good faith reliance on the August 21 notice. After this initial stock of labels is exhausted, however, manufacturers must use labels based on today’s notice.

Changes Applicable to Disclosures for Central Air Conditioner and Heat Pumps The 1995 data submission for central air conditioners and heat pumps has been completed, and the Commission has determined that the upper and lower limits of the ranges of comparability for these products, which

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56947 Federal Register / Vol. 60, No. 218 / Monday, November 13, 1995 / Rules and Regulations 17 See note 2, above.

18 60 FR 1773. This figure, along with national average cost figures for natural gas, propane, heating oil and kerosene, is published annually by DOE for the industry’s use in calculating, among other figures, the cost figures required by the Commission’s Rule.

19 60 FR 9295.

were published on August 5, 1994,17 have not changed by more than 15%. Therefore, the Commission is announcing that those ranges will remain in effect until further notice. The Commission is amending in this Notice, however, the cost calculation formulas appearing in the Appendices (H and I) to Part 305 that contain, for central air conditioners and heat pumps, heating and cooling performance costs and the ranges of comparability. These formulas must be provided on fact sheets and in directories so consumers can calculate their own costs of operation for the central air conditioners and heat pumps that they are considering purchasing. This amendment changes the figures in the formulas to reflect the current Representative Average Unit Cost of Electricity—8.67 cents per kilowatthour—that was published on January 5, 1995, by DOE 18 and by the Commission on February 17, 1995.19 Amendments In consideration of the foregoing, the Commission amends Appendices A1 through A8, B1 through B3, E, H, and I of its Appliance Labeling Rule by publishing the following ranges of comparability for use in the labeling and catalog sales of refrigerators, refrigerator-freezers, and freezers, the following corrected ranges of comparability for room air conditioners, and the following amendments to the cost calculation formulas that manufacturers of central air conditioners and heat pumps and must include on fact sheets and in directories, beginning February 12, 1996. List of Subjects in 16 CFR Part 305 Advertising, Energy conservation, Household appliances, Labeling, Reporting and recordkeeping requirements.

Accordingly, 16 CFR Part 305 is amended as follows:

PART 305—[AMENDED] 1. The authority citation for Part 305 continues to read as follows: Authority: 42 U.S.C. 6294. 2. Appendix A1 to Part 305 is revised to read as follows:

Appendix A1 to Part 305—Refrigerators With Automatic Defrost Range Information Manufacturer’s rated total refrigerated volume in cubic feet Range of estimated annual energy consumption (kWh/yr.) Low High Less than 2.5 .................... 2.5 to 4.4 .......................... 4.5 to 6.4 .......................... 6.5 to 8.4 .......................... (*) (*) 8.5 to 10.4 ........................ (*) (*) 10.5 to 12.4 ...................... (*) (*) 12.5 to 14.4 ...................... (*) (*) 14.5 to 16.4 ...................... 16.5 and over ................... * No data submitted for units meeting Federal Maximum Energy Use Standards effective January 1, 1993.

3. Appendix A2 to Part 305 is revised to read as follows:

Appendix A2 to Part 305—Refrigerators and Refrigerator—Freezers With Manual Defrost Range Information Manufacturer’s rated total refrigerated volume in cubic feet Range of estimated annual energy consumption (kWh/yr.) Low High Less than 2.5 .................... 2.5 to 4.4 .......................... 4.5 to 6.4 .......................... 6.5 to 8.4 .......................... 8.5 to 10.4 ........................ 10.5 to 12.4 ...................... 12.5 to 14.4 ...................... 14.5 to 16.4 ...................... (*) (*) 16.5 to 18.4 ...................... (*) (*) 18.5 to 20.4 ...................... (*) (*) 20.5 to 22.4 ...................... (*) (*) 22.5 to 24.4 ...................... (*) (*) 24.5 to 26.4 ...................... (*) (*) 26.5 to 28.4 ...................... (*) (*) 28.5 and over ................... (*) (*) * No data submitted for units meeting Federal Maximum Energy Use Standards effective January 1, 1993.

4. Appendix A3 to Part 305 is revised to read as follows:

Appendix A3 to Part 305— Refrigerators—Freezers With Partial Automatic Defrost Range Information Manufacturer’s rated total refrigerated volume in cubic feet Range of estimated annual energy consumption (kWh/yr.) Low High Less than 10.5 .................. 10.5 to 12.4 ...................... 12.5 to 14.4 ...................... 14.5 to 16.4 ...................... 16.5 to 18.4 ...................... (*) (*) 18.5 to 20.4 ...................... (*) (*) 20.5 to 22.4 ...................... (*) (*) 22.5 to 24.4 ...................... (*) (*) 24.5 to 26.4 ...................... (*) (*) 26.5 to 28.4 ...................... (*) (*) 28.5 and over ................... (*) (*) * No data submitted for units meeting Federal Maximum Energy Use Standards effective January 1, 1993.

5. Appendix A4 to Part 305 is revised to read as follows:

Appendix A4 to Part 305—Refrigerator- Freezers With Automatic Defrost With Top-Mounted Freezer Without Through-the-Door Ice Service Range Information Manufacturer’s rated total refrigerated volume in cubic feet Range of estimated annual energy consumption (kWh/yr.) Low High Less than 10.5 .................. 10.5 to 12.4 ...................... 12.5 to 14.4 ...................... 14.5 to 16.4 ...................... 16.5 to 18.4 ...................... 18.5 to 20.4 ...................... 20.5 to 22.4 ...................... 22.5 to 24.4 ...................... 24.5 to 26.4 ...................... 26.5 to 28.4 ...................... (*) (*) 28.5 and over ................... (*) (*) * No data submitted for units meeting Federal Maximum Energy Use Standards effective January 1, 1993.

6. Appendix A5 to Part 305 is revised to read as follows:

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56948 Federal Register / Vol. 60, No. 218 / Monday, November 13, 1995 / Rules and Regulations Appendix A5 to Part 305—Refrigerator- Freezers With Automatic Defrost With Side-Mounted Freezer Without Through-the-Door Ice Service Range Information Manufacturer’s rated total refrigerated volume in cubic feet Range of estimated annual energy consumption (kWh/yr.) Low High Less than 10.5 .................. 10.5 to 12.4 ...................... (*) (*) 12.5 to 14.4 ...................... (*) (*) 14.5 to 16.4 ...................... (*) (*) 16.5 to 18.4 ...................... (*) (*) 18.5 to 20.4 ...................... 20.5 to 22.4 ...................... 22.5 to 24.4 ...................... 24.5 to 26.4 ...................... 26.5 to 28.4 ...................... (*) (*) 28.5 and over ................... * No data submitted for units meeting Federal Maximum Energy Use Standards effective January 1, 1993.

7. Appendix A6 to Part 305 is revised to read as follows:

Appendix A6 to Part 305—Refrigerator- Freezers With Automatic Defrost With Bottom-Mounted Freezer Without Through-the-Door Ice Service Range Information Manufacturer’s rated total refrigerated volume in cubic feet Range of estimated annual energy consumption (kWh/yr.) Low High Less than 10.5 .................. 10.5 to 12.4 ...................... (*) (*) 12.5 to 14.4 ...................... (*) (*) 14.5 to 16.4 ...................... 16.5 to 18.4 ...................... 18.5 to 20.4 ...................... 20.5 to 22.4 ...................... 22.5 to 24.4 ...................... (*) (*) 24.5 to 26.4 ...................... (*) (*) 26.5 to 28.4 ...................... (*) (*) 28.5 and over ................... (*) (*) * No data submitted for units meeting Federal Maximum Energy Use Standards effective January 1, 1993.

8. Appendix A7 to Part 305 is revised to read as follows:

Appendix A7 to Part 305—Refrigerator- Freezers With Automatic Defrost With Top-Mounted Freezer With Throughthe-Door Ice Service Range Information Manufacturer’s rated total refrigerated volume in cubic feet Range of estimated annual energy consumption (kWh/yr.) Low High Less than 10.5 .................. (*) (*) 10.5 to 12.4 ...................... (*) (*) 12.5 to 14.4 ...................... (*) (*) 14.5 to 16.4 ...................... 16.5 to 18.4 ...................... 18.5 to 20.4 ...................... (*) (*) 20.5 to 22.4 ...................... 22.5 to 24.4 ...................... 24.5 to 26.4 ...................... 26.5 to 28.4 ...................... (*) (*) 28.5 and over ................... (*) (*) * No data submitted for units meeting Federal Maximum Energy Use Standards effective January 1, 1993.

9. Appendix A8 to Part 305 is revised to read as follows:

Appendix A8 to Part 305—Refrigerator- Freezers With Automatic Defrost With Side-Mounted Freezer With Throughthe-Door Ice Service Range Information Manufacturer’s rated total refrigerated volume in cubic feet Range of estimated annual energy consumption (kWh/yr.) Low High Less than 10.5 .................. (*) (*) 10.5 to 12.4 ...................... (*) (*) 12.5 to 14.4 ...................... (*) (*) 14.5 to 16.4 ...................... (*) (*) 16.5 to 18.4 ...................... (*) (*) 18.5 to 20.4 ...................... 20.5 to 22.4 ...................... 22.5 to 24.4 ...................... 24.5 to 26.4 ...................... 26.5 to 28.4 ...................... 28.5 and over ................... * No data submitted for units meeting Federal Maximum Energy Use Standards effective January 1, 1993.

10. Appendix B1 to Part 305 is revised to read as follows:

Appendix B1 to Part 305—Upright Freezers With Manual Defrost Range Information Manufacturer’s rated total refrigerated volume in cubic feet Range of estimated annual energy consumption (kWh/yr.) Low High Less than 5.5 .................... 5.5 to 7.4 .......................... (*) (*) 7.5 to 9.4 .......................... 9.5 to 11.4 ........................ 11.5 to 13.4 ...................... 13.5 to 15.4 ...................... 15.5 to 17.4 ...................... 17.5 to 19.4 ...................... (*) (*) 19.5 to 21.4 ...................... 21.5 to 23.4 ...................... (*) (*) 23.5 to 25.4 ...................... (*) (*) 25.5 to 27.4 ...................... (*) (*) 27.5 to 29.4 ...................... (*) (*) 29.5 and over ................... (*) (*) * No data submitted for units meeting Federal Maximum Energy Use Standards effective January 1, 1993.

11. Appendix B2 to Part 305 is revised to read as follows:

Appendix B2 to Part 305—Upright Freezers With Automatic Defrost Range Information Manufacturer’s rated total refrigerated volume in cubic feet Range of estimated annual energy consumption (kWh/yr.) Low High Less than 5.5 .................... 5.5 to 7.4 .......................... (*) (*) 7.5 to 9.4 .......................... (*) (*) 9.5 to 11.4 ........................ (*) (*) 11.5 to 13.4 ...................... 13.5 to 15.4 ...................... 15.5 to 17.4 ...................... 17.5 to 19.4 ...................... 19.5 to 21.4 ...................... 21.5 to 23.4 ...................... (*) (*) 23.5 to 25.4 ...................... (*) (*) 25.5 to 27.4 ...................... (*) (*) 27.5 to 29.4 ...................... (*) (*) 29.5 and over ................... (*) (*) * No data submitted for units meeting Federal Maximum Energy Use Standards effective January 1, 1993.

12. Appendix B3 to Part 305 is revised to read as follows:

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56949 Federal Register / Vol. 60, No. 218 / Monday, November 13, 1995 / Rules and Regulations 1 58 FR 49095.

2 See, 15 U.S.C. 57a(b)(1). Appendix B3 to Part 305—Chest Freezers and All Other Freezers Range Information Manufacturer’s rated total refrigerated volume in cubic feet Range of estimated annual energy consumption (kWh/yr.) Low High Less than 5.5 .................... 5.5 to 7.4 .......................... 7.5 to 9.4 .......................... 9.5 to 11.4 ........................ 11.5 to 13.4 ...................... 13.5 to 15.4 ...................... 15.5 to 17.4 ...................... (*) (*) 17.5 to 19.4 ...................... 19.5 to 21.4 ...................... 21.5 to 23.4 ...................... 23.5 to 25.4 ...................... 25.5 to 27.4 ...................... (*) (*) 27.5 to 29.4 ...................... (*) (*) 29.5 and over ................... (*) (*) * No data submitted for units meeting Federal Maximum Energy Use Standards effective January 1, 1993.

13. Appendix E to Part 305 is revised to read as follows:

Appendix E to Part 305—Room Air Conditioners Range Information Manufacturer’s rated cooling capacity in Btu’s/yr. Range of Energy Efficiency Ratios (EERs) Low High Without Reverse Cycle and with Louvered Sides:

Less than 6,000 Btu ..

8.0 10.0 6,000 to 7,999 Btu ..... 8.5 10.3 8,000 to 13,999 Btu ... 9.0 12.0 14,000 to 19,999 Btu .

8.8 10.7 20,000 and more Btu .

8.2 10.0 Without Reverse Cycle and without Louvered Sides:

Less than 6,000 Btu ..

(*) (*) 6,000 to 7,999 ........... 8.5 9.6 8,000 to 13,999 Btu ... 8.5 9.2 14,000 to 19,999 Btu .

(*) (*) 20,000 and more Btu .

(*) (*) With Reverse Cycle and with Louvered Sides ...... 8.5 11.5 With Reverse Cycle, without Louvered Sides ....... 8.0 9.0 * No data submitted for units meeting Federal Minimum Efficiency Standards effective January 1, 1990.

14. In section 2 of Appendix H of Part 305, the text and formulas are amended by removing the figure ‘‘8.41¢’’ wherever it appears and by adding, in its place, the figure ‘‘8.67¢’’. In addition, the text and formulas are amended by removing the figure ‘‘12.62¢’’ wherever it appears and by adding, in its place, the figure ‘‘13.01¢’’.

15. In section 2 of Appendix I of Part 305, the text and formulas are amended by removing the figure ‘‘8.41¢’’ wherever it appears and by adding, in its place, the figure ‘‘8.67¢’’. In addition, the text and formulas are amended by removing the figure ‘‘12.62¢’’ wherever it appears and by adding, in its place, the figure ‘‘13.01¢’’.

By direction of the Commission. Donald S. Clark, Secretary.

[FR Doc. 95–27889 Filed 11–9–95; 8:45 am] BILLING CODE 6750–01–M 16 CFR Part 435 Trade Regulation Rule: Mail or Telephone Order Merchandise AGENCY: Federal Trade Commission. ACTION: Technical amendments to rule. SUMMARY: The Federal Trade Commission (‘‘Commission’’) makes three non-substantive, minor, technical corrections to the definition of ‘‘prompt refund’’ in the Commission’s Mail or Telephone Order Merchandise Trade Regulation Rule (‘‘MTOR’’ or ‘‘Rule’’), 16 CFR 435.2(f). The two crossreferences in section 435.2(f) of the Rule are corrected to refer to section 435.2(e) of the Rule instead of to section 435.2(c). Additionally, a comma is added to section 435.2(f)(1) to parallel the punctuation in section 435.2(f)(2). Because these corrections are nonsubstantive, the Commission has determined that Magnuson-Moss rulemaking proceedings are not required by section 18(d)(2)(B) of the FTC Act. Additionally, because these are minor technical changes correcting inadvertent editing errors, the Commission has also determined that notice and public procedure are not required under section 553 of the Administrative Procedure Act because they would be unnecessary.

EFFECTIVE DATE: November 13, 1995. ADDRESSES: Requests for copies of this notice should be sent to the Public Reference Branch, Room 130, Federal Trade Commission, Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT: Joel N. Brewer, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Washington, D.C. 20580, (202) 326–2967.

SUPPLEMENTARY INFORMATION: Pursuant to section 18 of the FTC Act, 15 U.S.C. 57a, on September 21, 1993, the Commission adopted proposed amendments to the Commission’s Mail Order Merchandise Trade Regulation Rule (the ‘‘MOR’’), 16 C.F.R. Part 435, including renaming the rule ‘‘Mail or Telephone Order Merchandise’’ (the ‘‘MTOR’’).1 Two new definitions, ‘‘mail or telephone order sales’’ and ‘‘telephone,’’ were added as sections 435.2 (a) and (b) of the MTOR. The addition of these definitions resulted in all other definitions being renumbered. Thus, the definition for ‘‘shipment,’’ which formerly appeared as section 435.2(a) of the MOR, was renumbered section 435.2(c) of the MTOR; the definition for ‘‘receipt of a properly completed order,’’ which formerly appeared as section 435.2(b) of the MOR, was renumbered section 435.2(d) of the MTOR, etc.

In making these changes, two crossreferences to the definition of ‘‘refund’’ in the definition of ‘‘prompt refund’’ in section 435.2(d) of the MOR (now renumbered section 435.2(f) of the MTOR) were inadvertently overlooked. The Commission has accordingly determined to correct the two crossreferences in section 435.2(f) to refer to section 435.2(e), the MTOR’s definition of ‘‘refund.’’ Additionally, a comma is being inserted in section 435.2(f)(1) of the MTOR to parallel the punctuation of section 435.2(f)(2). This error was in the text of the MOR originally and was carried from the MOR to the MTOR. Section 18(d)(2)(B) of the FTC Act provides that the procedures for making any ‘‘substantive’’ amendment to a trade regulation rule shall be the same as the procedures for promulgating a rule under section 18(a)(1)(B). In this case, the changes, which are necessary to correct inadvertent editorial errors in the recently concluded rulemaking proceedings, are non-substantive; thus, section 18(d)(2)(B) is inapplicable. Accordingly, section 553 of the Administrative Procedure Act (the ‘‘APA’’), 5 U.S.C. 553, applies to these amendments.2 Section 553(b)(B) of the APA provides that rulemaking procedures are not required where the agency determines that ‘‘notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.’’ Because the changes here are minor and technical, the Commission has determined that notice and public procedure are unnecessary in this case, and that rulemaking procedures are accordingly not required.