Trade Regulation Rule Relating to Power Output Claims for Amplifiers Utilized in Home Entertainment Products; Final Rule

Friday, December 22, 2000

Part VIII

Federal Trade Commission 16 CFR Part 432 Trade Regulation Rule Relating to Power Output Claims for Amplifiers Utilized in Home Entertainment Products; Final Rule

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FEDERAL TRADE COMMISSION commerce within the meaning of clarify testing procedures for self- section 5(a)(1) of the FTC Act, 15 U.S.C. powered speakers; and (3) amend 16 CFR Part 432 45(a)(1). The Commission undertook certain required test procedures that this rulemaking proceeding as part of may impose unnecessary costs on Trade Regulation Rule Relating To the Commission’s ongoing program of manufacturers. The ANPR also Power Output Claims For Amplifiers evaluating trade regulation rules and announced that the Commission had Utilized in Home Entertainment industry guides to determine their determined not to initiate a proceeding Products effectiveness, impact, cost and need. to amend the Rule to cover power AGENCY: Federal Trade Commission. The Amplifier Rule was promulgated ratings for automotive sound on May 3, 1974 (39 FR 15387), to assist amplification equipment. Finally, the ACTION: Final rule. consumers in purchasing power Commission published elsewhere in the SUMMARY: The Federal Trade amplification equipment for home July 9, 1998 Federal Register a Notice Commission (‘‘Commission’’ or ‘‘FTC’’), entertainment purposes by of Final Action announcing a non- pursuant to section 18 of the Federal standardizing the measurement and substantive technical amendment to the Trade Commission Act, issues final disclosure of various performance Rule clarifying that the Rule covered amendments to its Trade Regulation characteristics of the equipment. On self-powered loudspeakers for use in the Rule on Power Output Claims for April 7, 1997, the Commission home (63 FR 37234). Amplifiers Utilized in Home published a Federal Register Notice The ANPR elicited five comments.1 Entertainment Products (‘‘Amplifier (‘‘FRN’’) seeking comment on the Rule Based on the comments responding to Rule’’ or ‘‘Rule’’). The Commission as part of an ongoing project to review the ANPR, and on other evidence amends the Rule to: exempt sellers who all Commission rules and guides to discussed below, the Commission make power output claims in media determine their current effectiveness published an NPR on July 19, 1999 (64 2 advertising from the requirement to and impact (62 FR 16500). This FRN FR 38610). In the NPR, the Commission disclose total rated harmonic distortion sought comment on the costs and proposed amending the Rule to (1) and the associated power bandwidth benefits of the Rule, what changes in the exempt sellers who make power output and impedance ratings; clarify the Rule would increase its benefits to claims in media advertising from the manner in which the Rule’s testing purchasers and how those changes requirement to disclose total rated procedures apply to self-powered would affect compliance costs, and harmonic distortion and the associated subwoofer-satellite combination speaker whether technological or marketplace power bandwidth and impedance systems; and reduce the preconditioning changes have affected the Rule. The rating; (2) clarify the manner in which power output requirement from one- FRN also sought comment on issues the rule’s testing procedures apply to third of rated power to one-eighth of related to the Rule’s product coverage, self-powered subwoofer-satellite rated power. This document constitutes test procedures, and disclosure combination speaker systems; and (3) the Commission’s Statement of Basis requirements. reduce the preconditioning power The comments in response to the FRN and Purpose for the amendments. output requirement from one-third of generally expressed continuing support rated power to one-eighth of rated EFFECTIVE DATES: This Rule is effective for the Rule, stating that it has given power.3 The NPR elicited five on February 20, 2001. consumers a standardized method of comments.4 ADDRESSES: Requests for copies of the comparing the power output of audio In the NPR, the Commission also amended Rule and the Statement of amplifiers, and has created a level announced that pursuant to 16 CFR Basis and Purpose should be sent to the playing field among competitors. The Consumer Response Center, Federal comments also suggested that there have 1 The commenters were: Consumer Electronics Trade Commission, Room 130, 600 been technological and marketplace Manufacturers Association (CEMA)(1); Wass ∼ Pennsylvania Ave., N.W., Washington, changes that may warrant modifications Audio Digital (Wass)(2); Sonance (Sonance)(3); PHI Acoustics (PHI)(4); and Velodyne Acoustics, Inc. DC 20580. to the Rule’s testing and disclosure (Velodyne)(5). FOR FURTHER INFORMATION CONTACT: requirements, and a clarification of the 2 In accordance with section 18 of the FTC Act, Dennis Murphy, Economist, Division of Rule’s applicability to self-powered 15 U.S.C. 57a, the Commission submitted this NPR Consumer Protection, Bureau of loudspeakers for use with personal to the Chairman of the Committee on Commerce, computers and home stereo systems. Science, and Transportation, United States Senate, Economics, (202) 326–3524, or Neil and the Chairman of the Committee on Commerce, Blickman, Attorney, Division of Certain comments also recommended United States House of Representatives, 30 days Enforcement, Bureau of Consumer that the Commission expand the Rule’s prior to its publication in the Federal Register. Protection, (202) 326–3038, Federal coverage to include automotive sound 3 The Commission solicited public comments on amplification products. On the basis of its NPR until September 17, 1999. In response to Trade Commission, Washington, DC a request from the Consumer Electronics 20580. this review, the Commission determined Manufacturers Association, however, the to retain the Rule, but to seek additional SUPPLEMENTARY INFORMATION: Commission granted an extension of the comment comment on possible amendments to period until October 15, 1999 (64 FR 51087 (Sept. Statement of Basis and Purpose the Rule. 21, 1999)). CEMA recently changed its name to the The Commission published an Consumer Electronics Association. Part A—Introduction 4 The commenters were: EKSC (EKSC)(1); Audio Advanced Notice of Proposed Research (Audio Research)(2); QSC Audio (QSC)(3); This document is published pursuant Rulemaking (‘‘ANPR’’) on July 9, 1998 Thomson Consumer Electronics, Inc. (Thomson)(4); to section 18 of the FTC Act, 15 U.S.C. (63 FR 37238), seeking public comment and Consumer Electronics Manufacturers 57a et seq., the provisions of Part 1, on whether it should initiate a Association (CEMA)(5). The comments on the Commission’s ANPR and NPR are cited as ‘‘(Name Subpart B of the Commission’s Rules of rulemaking proceeding by publishing a of Commenter), (designated comment number), Practice, 16 CFR 1.14, and 5 U.S.C. 551 Notice of Proposed Rulemaking (‘‘NPR’’) p.l.’’ All Rule ANPR and NPR comments are on et seq. This authority permits the under section 18 of the FTC Act, 15 the public record and are available for public Commission to promulgate, modify, and U.S.C. 57a. The ANPR solicited specific inspection in the Public Reference Room, Room 130, Federal Trade Commission, 600 Pennsylvania repeal trade regulation rules that define comment on whether the Commission Ave., NW, Washington, DC, from 8:30 a.m. to 5:00 with specificity acts or practices that are should (1) eliminate certain disclosure p.m., Monday through Friday, except federal unfair or deceptive in or affecting requirements in media advertising; (2) holidays.

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1.20, it would follow expedited amplifier is not designed for an 8-ohm associated increase in advertising costs. procedures in this proceeding, and (1) impedance, at the impedance for which The Commission concluded in both the publish an NPR; (2) solicit written the amplifier is primarily designed. ANPR and the NPR that very few comments on the Commission’s Finally, the ANPR explained the amplifiers in today’s market generate proposals to amend the Rule; (3) hold an Commission’s tentative conclusion that high levels of THD (e.g., more than one informal hearing, if requested by publication of all other power output percent) using the FTC testing protocol. interested parties; (4) obtain a final claims currently subject to the Rule, Further, the Commission concluded that recommendation from staff; and (5) including those appearing in those few amplifiers that do generate announce final Commission action in a manufacturer specification sheets that appreciable levels of THD tend to be notice published in the Federal are either in print or reproduced on the very expensive vacuum tube designs Register.5 There were no requests for Internet, should continue to trigger the that are sold to a specialized group of hearings in the five comments received requirement that the seller provide the consumers that may not consider THD in response to the NPR. The full complement of disclosures specifications an important Commission, therefore, did not hold concerning power bandwidth, consideration in their purchase public hearings in this matter. maximum harmonic distortion, and decisions. Thus, it did not appear that impedance, so that interested sales personnel at retail stores would Part B—Analysis of Amendments consumers could obtain this have an appreciable incentive to 1. Amendment to Required Disclosures information prior to purchase. mislead consumers concerning the Section of the Amplifier Rule The Commission received four distortion characteristics of an a. Background. Section 432.2 of the comments on the tentatively proposed amplifier. Finally, the Commission Rule requires disclosure of maximum exemption of THD, bandwidth, and concluded that consumers who are rated total harmonic distortion (‘‘THD’’), impedance disclosures in media interested in the Rule’s THD, power power bandwidth, and impedance advertising. CEMA, the principal trade bandwidth, and impedance whenever a power claim is made in any association for the electronics industry, specifications would be able to find advertising, including advertising by supported the proposed exemption, such information relatively easily in retail stores, direct mail merchants, and including the requirement that the product brochures at retail stores or on manufacturers. In the ANPR, the primary power output specification the Internet. Commission concluded tentatively that disclosed in media advertising be Commenters on the ANPR did not improvements in amplifier technology continuous per-channel output at an 8- agree on which impedance value should since the Rule’s promulgation in 1974 ohm impedance (unless the amplifier is serve as the standard for power output appeared to have reduced the benefits to designed primarily for a different claims in media advertising under the consumers of disclosure of THD in impedance level).6 Velodyne, a tentatively proposed disclosure media advertising. In the ANPR, the manufacturer of powered loudspeakers, exemption. CEMA endorsed the value of Commission also concluded tentatively also supported the exemption of THD 8 ohms suggested in the ANPR. that an insufficient number of and bandwidth disclosures in media Velodyne, however, commented that the consumers would understand the advertising, stating that they contain standardized impedance value should meaning and significance of the little useful information for today’s be 4 ohms. The Commission concluded remaining triggered disclosures consumer.7 This commenter suggested, in the NPR that, under the proposed concerning power bandwidth and however, that the standardized exemption, for amplifiers designed to impedance to justify their publication in impedance value for power output drive a specific loudspeaker in an media advertising. Accordingly, the claims be 4 ohms rather than the integrated powered configuration, the ANPR sought comment on whether the proposed 8 ohms.8 No explanation was seller could base power output claims Commission should initiate a provided for this suggestion. Wass on an impedance of 4 ohms, if the rulemaking proceeding to amend the opposed elimination of the required amplifier is powering a loudspeaker that Rule to exempt media advertising, THD, bandwidth, and impedance is rated at a nominal impedance of 4 including advertising on the Internet, disclosures in advertising, stating that ohms. Although the Commission stated from disclosure of THD and the sellers could take unfair advantage of in the NPR that it had reason to believe associated power bandwidth and the consumer through in-store sales that the majority of non-powered impedance ratings when a power output techniques that obscure the true loudspeakers are rated at a nominal claim is made. In the ANPR, the performance capabilities of an impedance of 8 ohms, and that this Commission tentatively concluded amplifier.9 Sonance stated simply that value should therefore be adopted as the further that the proposed exemption the relationship between power and basis for power output claims in media should be conditioned on the distortion is vital to specifying power advertising for separate stand-alone amplifiers, the NPR solicited further requirement that the primary power output, and recommended against the comment on whether the Commission’s output specification disclosed in any tentatively proposed exemption.10 tentative conclusion on this issue was advertising distributed through the Based on its review of the comments on its ANPR, the Commission stated in correct. media be the manufacturer’s rated Accordingly, in the NPR the minimum sine wave continuous average the NPR that it had reason to believe that the disclosure of THD, power Commission proposed amending section power output, per channel, at an 432.2 of the Rule to exempt advertising impedance of 8 ohms, or, if the bandwidth, and impedance in media advertising that contains a triggering disseminated through the media, including advertising on the Internet, 5 power output claim no longer provided 64 FR 38610, 38614. The Commission stated from disclosure of total rated harmonic that using expedited procedures would support the sufficient consumer benefit to justify the agency’s goals of clarifying existing regulations, distortion and the associated power when necessary, and eliminating obsolete or 6 CEMA, (1), pp.2–3. bandwidth and impedance ratings when unnecessary regulation without an undue 7 a power output claim is made. The expenditure of resources, while ensuring that the Velodyne, (5), p.1. public has an opportunity to submit data, views and 8 Id. Commission further proposed that the arguments on whether the Commission should 9 Wass, (2), p.3. exemption for advertising disseminated amend the Rule. 10 Sonance, (3), p.1. through the media be conditioned on

VerDate 112000 17:57 Dec 21, 2000 Jkt 194001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\22DER6.SGM pfrm08 PsN: 22DER6 81234 Federal Register / Vol. 65, No. 247 / Friday, December 22, 2000 / Rules and Regulations the requirement that the primary power Audio Research, however, QSC form of disclosure would be required in output specification disclosed in any supported an impedance value of 8 the event an amplifier’s THD at rated media advertising be the manufacturer’s ohms as the basis for primary power power was greater than one percent. rated minimum sine wave continuous output specifications in media To further standardize distortion average power output, per channel, at advertising should an exemption be disclosures, CEMA proposed that the an impedance of 8 ohms, or, if the adopted, stating that 8 ohms ‘‘* * * is ‘‘power bandwidth’’ associated with the amplifier is not designed for an 8-ohm a reasonable value for typical rated THD disclosure be the single impedance, at the impedance for which impedance.’’ 15 frequency 1000 Hz, rather than the the amplifier is primarily designed. CEMA reversed its position taken in customary 20Hz–20kHz. CEMA Publication of all other power output earlier comments in this rulemaking commented that ‘‘* * * claims claims currently subject to the Rule, proceeding and opposed the proposed concerning bandwidth, especially including those appearing in exemption. According to CEMA, claims about wide bandwidth, could be manufacturer specification sheets that members recently have ‘‘* * * regarded as qualitative claims to the are either in print or reproduced on the expressed concerns about inconsistent consumer.’’21 CEMA recommended that Internet, would continue to trigger the power output claims in retail the Commission adopt 1000 Hz as the requirement that the seller provide the advertising for amplifiers and receivers, basis for primary power output claims, full complement of disclosures especially multichannel products.’’ 16 and allow advertisers to make secondary concerning maximum harmonic These members report that certain qualitative claims, such as ‘‘Ultra-wide distortion, power bandwidth, and relatively low cost multichannel Bandwidth’’ or ‘‘20–20 kHz’’ in impedance, so that interested receivers, for which distortion advertising or at the point of sale for consumers could obtain this information in advertising is not purposes of product differentiation.22 information prior to purchase. disclosed, have distortion levels well in Finally, in addressing the issue of the b. Discussion of NPR Comments. The excess of one percent at rated power. appropriate impedance value for Commission received four comments on Although CEMA continues to regard primary power output claims, CEMA the proposed exemption of THD, total harmonic distortion levels below stated that ‘‘ * * * loudspeakers today bandwidth, and impedance disclosures one percent are inaudible to consumers, typically exhibit impedances of 4 to 8 in media advertising. Thomson CEMA stated that levels above that ohms.’’23 CEMA recommended that Consumer Electronics, which markets amount can become significant. As a primary power output claims be based audio and video equipment under the result, CEMA stated that ‘‘* * * on an impedance value of 6 ohms. RCA and ProScan brand names, consumers are unable to make accurate CEMA did not specify whether most supported the proposed exemption, price-versus-performance comparisons loudspeakers are rated at an impedance stating that ‘‘* * * the consumer for such multichannel audio of 8 ohms, 4 ohms, or some impedance typically understands little from these products.’’ 17 CEMA did not provide the value within that range. disclosures.’’ 11 Thomson Commission with any specific examples c. Rule Amendment and Reasons recommended, however, that the of such problematic advertisements for Therefor. Based on its review of the Commission monitor developments multichannel amplifiers. Nor did CEMA comments and other evidence contained once the exemption is in place to ensure state that they were aware of any similar in this rulemaking proceeding, the that industry members do not take advertisements for conventional Commission has reason to believe that advantage of the disclosure monophonic or two-channel stereo the disclosure of THD, power requirements to inflate power output amplifiers. bandwidth, and impedance in media claims.12 CEMA proposed that the Commission advertising that contains a triggering Audio Research Corporation, a help consumers make ‘‘apples-to- power output claim no longer provides manufacturer of electronic audio apples’’ comparisons of amplifiers by sufficient consumer benefit to justify the equipment specializing in vacuum tube setting certain minimum requirements associated increase in advertising costs. designs, opposed the proposed for the various elements of the current One commenter on the NPR supported exemption, stating that ‘‘[c]onsumers are THD disclosures.18 CEMA maintained the proposed exemption. Two other a lot more sophisticated than consumers that such standardization would prevent commenters opposed the proposed were when the original rules were power output claims from becoming exemption, but did not provide any issued’’ and, therefore, understand the ‘‘* * * qualitative measurements used evidence that consumers typically THD disclosures.13 Audio Research by manufacturers (or retailers) to understand the significance of the THD, agreed, however, that the Commission differentiate products with respect to power bandwidth, and impedance should select an impedance of 8 ohms consumer’s perceptions of quality.’’ 19 disclosures. as the basis for primary power output Specifically, CEMA recommended that Finally, although CEMA had specifications in the event the total harmonic distortion be disclosed as supported the proposed exemption in Commission adopts the proposed ‘‘less than or equal to one percent.’’ its comment on the ANPR, it opposed exemption of THD disclosures in media Under CEMA’s recommendation, the proposed exemption in its comment advertising.14 ‘‘(M)anufacturers and retailers would on the NPR. The basis for this change QSC Audio Products, a manufacturer continue to be free to make secondary, in position was based on its allegation of professional audio power amplifiers, qualitative claims of lower distortion in that power output claims in certain did not believe that the currently order to differentiate their products advertising for multi-channel theater required distortion and power further (e.g., ‘‘0.5% THD,’’ ‘‘.01% THD,’’ amplifiers were based on very high bandwidth disclosures were sufficiently etc.).’’ 20 CEMA did not indicate what levels of total harmonic distortion. burdensome to justify the proposed CEMA did not provide any evidence or exemption in media advertising. Like 15 QSC, (3), p.1. suggest that advertisements for 16 CEMA, (5), p.2. conventional monophonic or 11 Thomson, (4), p.1. 17 Id. 12 Id., pp. 1–2. 18 Id., p.3. 21 Id., pp.2–3. 13 Audio Research, (2), p.1. 19 Id. 22 Id., p. 3. 14 Id. 20 Id. 23 Id.

VerDate 112000 17:57 Dec 21, 2000 Jkt 194001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\22DER6.SGM pfrm08 PsN: 22DER6 Federal Register / Vol. 65, No. 247 / Friday, December 22, 2000 / Rules and Regulations 81235 stereophonic amplifiers contain power product brochure or manufacturer powered combination speaker systems output claims based on similarly high specification sheets that are either in that employ two or more amplifiers levels of THD. print or reproduced on the Internet, will dedicated to different portions of the The Commission presented evidence continue to trigger the requirement that audio frequency spectrum, only those in the ANPR indicating that very few the seller provide the full complement channels dedicated to the same audio amplifiers in today’s market generate of disclosures concerning maximum frequency spectrum need be fully driven appreciable levels of THD (e.g., more total harmonic distortion, power to rated per channel power under than one percent) at rated power using bandwidth, and impedance, so that section 432.2(a)(2). the FTC testing protocol for interested consumers can obtain this CEMA supported the Commission’s monophonic or stereophonic amplifiers. information prior to purchase. clarification, stating that this approach The Commission is publishing would allow self-powered subwoofers to elsewhere in this Federal Register a 2. Amendment Relating to Self-Powered be rated over their operating frequency Supplemental Notice of Proposed Loudspeakers range and at their appropriate Rulemaking that addresses testing and a. Background. When the FRN was impedance value.24 Sonance also disclosure issues specific to multi- published, the Rule did not specifically endorsed the tentative proposal to channel amplifiers such as those used in mention self-powered speakers as an restrict the power tests of such home theater applications. The example of sound amplification equipment to each amplifier’s intended Commission believes that the concerns equipment manufactured or sold for operating range.25 Velodyne disagreed raised by CEMA will be addressed more home entertainment purposes. In the with the Commission’s proposal and appropriately in that rulemaking FRN, the Commission solicited stated that power rating tests for self- proceeding. The Commission does not comment on its tentative conclusion powered combination subwoofer- believe that CEMA’s comment provides that the Rule covers: (A) Self-powered satellite loudspeakers should be a basis for rejecting the proposed speakers for use with (1) home conducted with all channels operating exemption of THD, power bandwidth, computers, (2) home sound systems, (3) simultaneously. It proposed that the and impedance disclosures in media home multimedia systems; and (B) other amplifiers driving the subwoofer and advertising for conventional sound power amplification equipment satellites should be given a test signal monophonic and stereophonic for home computers. On July 9, 1998, within each amplifier’s typical range, amplifiers. Similarly, the Commission the Commission published in the and suggested a combination 60Hz– does not believe CEMA has provided Federal Register a non-substantive 1,000Hz tone.26 Velodyne stated that the evidence that would provide a basis for technical amendment to the Rule to power supply was the most costly and altering the current requirements clarify that the Rule applies to the types critical component determining an governing the format of THD disclosures of self-powered loudspeakers amplifier’s continuous power output or the choice of power bandwidth for enumerated above (63 FR 37234). capability, and that the primary power output claims for conventional In the ANPR published elsewhere in quantitative measurement of interest to monophonic and stereophonic the July 9, 1998 Federal Register (63 FR consumers is the amount of watts the amplifiers. 37238), the Commission explained that power supply can deliver.27 Two of the commenters on the NPR comments received in response to the Based on the comments submitted in supported the proposal to base power FRN indicated that a clarification was response to the FRN and the ANPR, the output claims on a nominal impedance needed concerning the testing Commission tentatively concluded in of 8 ohms, or on the nominal impedance procedure that should be followed in the NPR that the most appropriate for which the amplifier is primarily applying the Rule’s continuous power method of testing self-powered designed. CEMA proposed a value of 6 rating protocol to self-powered combination subwoofer-satellite ohms, but did not provide any evidence subwoofer-satellite combination speaker loudspeaker systems under the Rule was that this value was more representative systems that employ two or more power to require simultaneous operation only of loudspeakers currently in use than amplifiers sharing a common power of those channels dedicated to the same was the proposed value of 8 ohms. supply. These comments recommended portion of the audio frequency Accordingly, the Commission is two alternative approaches for such spectrum. The Commission stated in amending section 432.2 of the Rule to combination self-powered speakers. The both the ANPR and the NPR that it did exempt advertising disseminated first proposed procedure was for power not have sufficient evidence to conclude through the media, including measurements to be made with all that in-home use, under even strenuous advertising on the Internet, from associated channels of both the conditions, typically would place disclosure of total rated harmonic subwoofer and satellite amplifiers maximum continuous power demands distortion and the associated power driven simultaneously to full power simultaneously on both the subwoofer bandwidth and impedance ratings when using a test tone at the system’s and satellite amplifiers at the crossover a power output claim is made. The crossover frequency. The second frequency. Rather, the Commission exemption for advertising disseminated proposal was to allow manufacturers of concluded in the NPR that such through the media is conditioned on the such equipment to test the subwoofer demands would be more likely to occur requirement that the primary power and satellite amplifiers separately over in portions of the audio spectrum that output specification disclosed in any their respective frequency bandwidth. would be assigned primarily either to media advertising be the manufacturer’s In the ANPR, the Commission sought the subwoofer amplifier or the satellite rated minimum sine wave continuous comment on its tentative conclusion amplifier. In contrast, conventional average power output, per channel, at that the second procedure was more stand-alone stereo amplifiers, which an impedance of 8 ohms, or, if the appropriate, given the types of power incorporate left and right-channel amplifier is not designed for an 8-ohm demands combination self-powered amplifiers that must reproduce signals impedance, at the impedance for the speakers would most likely encounter in amplifier is primarily designed. actual home use. The Commission 24 CEMA, (1), p. 3. Publication of all other power output received three comments on its proposal 25 Sonance, (3), p. 1. claims currently subject to the Rule, to amend section 432.2 of the Rule to 26 Velodyne, (5), p. 3. including those appearing in any include a note stating that, for self- 27 Id.

VerDate 112000 17:57 Dec 21, 2000 Jkt 194001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\22DER6.SGM pfrm08 PsN: 22DER6 81236 Federal Register / Vol. 65, No. 247 / Friday, December 22, 2000 / Rules and Regulations covering the full musical frequency testing procedures that would apply to commenters recommended any bandwidth, would more commonly be all self-powered speaker systems, alternative method of measuring the required to meet simultaneous whether individual powered power output characteristics of continuous power demands that are subwoofers, powered satellite speakers, amplifiers contained in such self- present in both channels (such as might or self-powered combination subwoofer- powered speaker systems. occur when a pipe organ plays a satellite speakers that share a common Two commenters recommended that sustained pedal tone in the deep bass). power supply. Specifically, EKSC the Commission reject any test protocol In addition, the Commission stated in commented that the separate testing of limited to measuring the power output the NPR that a simultaneous power test amplifiers contained in self-powered of the amplifier alone, and proposed of both the subwoofer and the satellite speakers ‘‘* * * does the consumer instead that the Commission develop amplifiers would, from a practical little good.’’ 32 EKSC proposed a two- and adopt a testing and disclosure standpoint, require a single test signal at part test procedure that would measure methodology based on the acoustic the crossover frequency, or a single (1) the total harmonic distortion output of the entire self-powered combination set of tones, such as the produced by a self-powered loudspeaker speaker system. The Commission does 60Hz–1,000Hz composite signal when producing a sound pressure level not necessarily disagree that, at least in suggested by Velodyne. The of 96 decibels, and (2) the maximum principle, such a protocol would Commission concluded that the sound pressure level the loudspeaker provide more complete and meaningful resulting power and THD specifications could produce without exceeding 10 comparative performance information might not be valid over the full percent harmonic distortion. According for consumers than would a protocol frequency range over which each to EKSC, results from the first test limited to the power and distortion amplifier was designed to operate. would allow consumers to compare the performance of the amplifier(s) alone. Accordingly, in the NPR the harmonic distortion characteristics of The Commission does not, however, Commission proposed amending section self-powered loudspeaker systems when have the necessary expertise and 432.2(a)(2) of the Rule to include a producing a standard level of sound resources to undertake such a complex clarifying note stating that, when pressure. The second test would provide and uncertain rulemaking proceeding. measuring maximum per channel consumers with comparative The Commission believes that the output of self-powered combination information on the maximum sound development of an acoustic output speaker systems that employ two or pressure self-powered speaker systems measurement and disclosure protocol more amplifiers dedicated to different could produce prior to the onset of for self-powered loudspeakers would be, portions of the audio frequency severe distortion.33 more appropriately, the responsibility of spectrum, only those channels CEMA also favored a test protocol industry members and their trade dedicated to the same audio frequency based on acoustic output measurements associations. spectrum need be fully driven to rated for self-powered loudspeaker systems. Further, many marketers of self- per channel power. CEMA commented that an amplifier powered loudspeakers may well b. Discussion of NPR Comments. The power rating in isolation ‘‘* * * continue to advertise separate power Commission received five comments inherently ignores the performance output measurements for the component concerning the proposed clarification of capability of the acoustical portion of amplifiers in these systems before, and testing procedures for self-powered the system, and hence is incomplete and even after, any such acoustic output combination speaker systems. Thomson inaccurate as a performance comparison protocol is formulated. Thus, there Consumer Electronics and Audio tool.’’ 34 CEMA stated that an would still be a need to clarify the Research endorsed the proposal without appropriate acoustical output standard testing procedure for self-powered qualification.28 QSC Audio stated that it would measure such performance combination satellite and subwoofer had no strong opinion on the proposed characteristics as the sensitivity of the loudspeakers under the Rule so that clarification, and was ‘‘* * * willing to loudspeaker system (expressed as sound consumers will not be confused by support the proposed regime of loading pressure output level per input volt), conflicting power output claims. The only one frequency range at a time.’’ 29 and the maximum sound pressure Commission believes, therefore, that the QSC noted, however, that a ‘‘rational’’ output that the system can achieve Rule’s continuous power output standard for powered speakers would within specified frequency bandwidth protocol and any future industry rate maximum acoustic output, and distortion limits.35 acoustic output protocol could coexist distortion, and frequency bandwidth as c. Rule Amendment and Reasons in a complementary fashion. a system, ‘‘* * * without regard for Therefor. Based on the comments Accordingly, the Commission is internal details such as amplifier power submitted in response to the NPR, the amending section 432.2(a)(2) to include and driver impedance.’’ 30 QSC Commission concludes that the most a clarifying note stating that, when cautioned, however, that such acoustic appropriate method of testing self- measuring maximum per channel measurements initially ‘‘* * * will not powered combination subwoofer- output of self-powered combination be familiar to consumers and such satellite loudspeaker systems under the speaker systems that employ two or specifications tend to be overly Rule is to restrict measurements to the more amplifiers dedicated to different detailed.’’ 31 electrical performance of the component portions of the audio frequency Two other commenters explicitly amplifier(s) alone, and to require spectrum, only those channels favored a testing protocol based on the simultaneous operation only of those dedicated to the same audio frequency acoustic output of the self-powered channels dedicated to the same portion spectrum need be fully driven to rated speaker system over a protocol limited of the audio frequency spectrum. Three per channel power. to the performance of the amplifier(s) commenters endorsed this procedure or 3. Amendments to the Amplifier Rule alone. These commenters proposed found it acceptable. None of the Preconditioning Requirement

28 Thomson, (4), p. 2; Audio Research, (2), p. 2. 32 EKSC, (1), p. 1. a. Background. Section 432.3(c) of the 29 QSC, (3), p. 1. 33 Id., pp. 1–2. Rule specifies that an amplifier must be 30 Id., pp. 1–2. 34 CEMA, (5), p. 4. preconditioned by simultaneously 31 Id., p. 2. 35 Id., pp. 4–5. operating all channels at one-third of

VerDate 112000 15:05 Dec 21, 2000 Jkt 194001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\22DER6.SGM pfrm02 PsN: 22DER6 Federal Register / Vol. 65, No. 247 / Friday, December 22, 2000 / Rules and Regulations 81237 rated power output for one hour using the one-eighth power preconditioning preconditioning power output a sinusoidal wave at a frequency of standard. requirement would facilitate 1,000 Hz. The ANPR sought comment Finally, Sonance stated that the one- preconditioning at an impedance of four on whether the Commission should third power preconditioning ohms, and thus allow more amend the Rule to reduce the requirement should be retained and manufacturers of high power amplifiers preconditioning power output enforced evenly.42 Sonance saw no to provide realistic power output requirement from one-third of rated technical problem with the requirement, specifications for this impedance load.48 power to a lower figure, such as one- stating that many generations of Finally, CEMA commented that the eighth of rated power. consumer electronic products have been proposed amendment would render the CEMA supported reducing the built to this standard.43 preconditioning requirement more preconditioning power output Based on the comments, the consistent with testing protocols for UL requirement to below the current one- Commission tentatively concluded that and the European Union, which ‘‘* * * third power, stating that the current the current one-third power typically specify amplifier requirement is ‘‘beyond what can be preconditioning requirement imposed preconditioning at one-eighth of rated expected through normal use in the unnecessary costs on amplifier power for a period of less than one home’’ and is ‘‘harsh and unrealistic.’’ 36 manufacturers and was not needed to hour.’’ 49 In this regard, CEMA proposed CEMA claimed that in order to meet the measure amplifiers accurately under that the Commission reduce the physical conditions presented by the conditions that represent actual in-home required preconditioning period from Rule’s existing preconditioning use. Accordingly, in the NPR the one hour to thirty minutes.50 requirement, manufacturers must design Commission proposed amending section c. Rule Amendment and Reasons and incorporate in amplifiers larger and 432.3(c) of the Rule by reducing the Therefor. Based on the comments costlier heat sinks.37 CEMA listed specified per-channel power output submitted in response to the NPR, the several alternative solutions, including during preconditioning from one-third Commission concludes that the current operation at idle during of rated power output for one hour to one-third power preconditioning preconditioning, operation at a small one-eighth of rated power output for one requirement imposes unnecessary costs fixed power representative of average hour. on amplifier manufacturers and should power during typical in-home b. Discussion of NPR Comments. The be reduced to one-eighth of rated power. operation, or preconditioning at one- Commission received four comments on All but one of the commenters on the eighth power. CEMA further stated that the proposed amendment. Audio NPR supported this reduction. The the one-eighth power option ‘‘has the Research opposed the proposed dissenting commenter was concerned virtue of being consistent with current amendment, stating that ‘‘the purpose of that lowering the preconditioning power industry and international testing the original rule-making was to insure requirement would jeopardize the specifications.’’ 38 an acceptable level of quality (the 1⁄3 Rule’s intended purpose of helping Velodyne stated that a power, 1 hour pre-conditioning test) as assure an acceptable level of quality in preconditioning period is not really well as a reasonable level of static the amplifier market. necessary, but that the Commission performance.’’ 44 The remaining three The Commission believes that the should follow Underwriters commenters all supported the proposed proposed amendment is consistent with Laboratories’ (‘‘UL’’) one-eighth power reduction in the preconditioning power the original intent of the Rule. The requirement if the preconditioning output requirement. preconditioning requirement was not requirement is retained.39 Velodyne did QSC stated that ‘‘we strongly support imposed as a quality-assurance not provide any explanation for its reducing the pre-conditioning power mechanism that would place maximum conclusion that no preconditioning level to 1⁄8 of rated power.’’ QSC noted stress on an amplifier’s heat dissipation period of any kind was necessary under that this power output level matches capabilities. This requirement merely the Rule. that ‘‘* * * used by safety agencies to was intended to bring an amplifier to Wass concluded, from a series of assess AC current draw and component normal operating temperature and to calculations, that reducing the temperature rise, and also corresponds stabilize its components so that the preconditioning requirement from one- to the highest likely average program subsequent power output tests would third to one-eighth power would reduce level, where some attempt is made to provide performance specifications the thermal stress (expressed in ‘‘watts limit gross clipping.’’ 45 Thomson representative of the performance of heat’’ delivered to an amplifier’s Consumer Electronics stated that the consumers could expect in normal heatsink) by approximately 24 proposed one-eighth power level for operation in the home. Indeed, at the percent.40 Wass, however, opposed preconditioning would provide ‘‘* * * time the Rule was promulgated in 1974, amending the Rule to provide such a a more realistic condition to that the Commission was not aware that reduction in specified preconditioning experienced in typical operation of the preconditioning at one-third of rated power output because the consumer amplifier and represents a reasonable power would place such severe thermal would get ‘‘a poorer unit.’’ 41 Wass did manner in which to precondition for stress on solid state amplifiers, not provide any evidence, however, that testing.’’ 46 particularly high power units operating would allow the Commission to CEMA reiterated its earlier support for into a resistive load of four ohms. compare the magnitude of the alleged this amendment, citing attendant Only one of the NPR comments, and reduction in amplifier quality with the reductions in manufacturing and testing none of the comments received in magnitude of the associated reduction costs.47 CEMA also stated that the connection with earlier phases of this in manufacturing costs resulting from proposed reduction in the proceeding, recommended a preconditioning period shorter than one 36 CEMA, (1), p. 2. 42 Sonance, (3), p. 1. hour. The one commenter that 37 Id. 43 Id. recommended a shorter preconditioning 38 Id. 44 Audio Research, (2), p. 1. 39 Velodyne, (5), p. 1. 45 QSC, (3), p. 2. 48 Id. 40 Wass, (2), p. 2. 46 Thomson, (4), p. 1. 49 Id. 41 Id. 47 CEMA, (5), p. 5. 50 Id.

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Thus, the Commission does not within the intended operating system, the sinusoidal wave used as a believe that the Rulemaking record bandwidth of the subwoofer amplifier preconditioning signal may be any provides an adequate basis for that will allow the amplifier to be frequency within the amplifier’s amending the one-hour preconditioning driven for one hour to the required intended operating bandwidth that will period prescribed by the Rule. proportion of rated power output. allow the amplifier to be driven to one- Accordingly, the Commission is Accordingly, in the NPR the eighth of rated power for one hour. amending section 432.3(c) of the Rule Commission proposed amending section by reducing the specified per-channel 432.3(c) of the Rule by adding an Part C—Regulatory Analysis And power output during preconditioning explanatory note stating that for Regulatory Flexibility Act from one-third of rated power output for amplifiers utilized as a component in a Requirements one hour to one-eighth of rated power self-powered subwoofer system, the Under section 22 of the FTC Act, 15 output for one hour. sinusoidal wave used as a U.S.C. 57b, the Commission must issue d. Additional Preconditioning preconditioning signal may be any a preliminary regulatory analysis for a Amendment. As discussed in Part B(2) frequency within the amplifier’s proceeding to amend a rule only when above, in the NPR the Commission intended operating bandwidth that will it (1) estimates that the amendment will proposed amending the Rule to clarify allow the amplifier to be driven to one- have an annual effect on the national the manner in which power tests should eighth of rated power for one hour. economy of $100,000,000 or more; (2) be conducted for self-powered e. Discussion of NPR Comments. The estimates that the amendment will subwoofer-satellite combination Commission received only one cause a substantial change in the cost or loudspeaker systems. In reviewing the comment that directly addressed the price of certain categories of goods or technical issues related to this proposed choice of preconditioning frequency for services; or (3) otherwise determines amendment, the Commission tentatively self-powered subwoofer systems. Audio that the amendment will have a concluded in the NPR that clarification Research supported the proposed significant effect upon covered entities also was required concerning the amendment, stating that such or upon consumers. A final regulatory manner in which powered subwoofers subwoofers should be preconditioned analysis is not required because the should be preconditioned under the ‘‘* * * at any frequency within the Commission finds that the amendments Rule. claimed bandwidth.’’ 51 Another to the Rule will not have such effects on Section 432.3(c) of the Rule specifies commenter on the NPR, QSC Audio, the national economy, on the cost of a preconditioning sinusoidal test tone of stated that powered speakers should be sound amplification equipment, or on 1,000Hz. The Commission stated in the preconditioned using ‘‘band-limited covered businesses or consumers. NPR that most self-powered subwoofer pink noise.’’ 52 QSC, however, did not The Regulatory Flexibility Act systems incorporate crossover circuitry distinguish between subwoofers and (‘‘RFA’’), 5 U.S.C. 601–12, requires that that filters out frequencies above the other types of powered loudspeaker the agency conduct an analysis of the bass range. Depending upon the systems, and did not specify which anticipated economic impact of the crossover frequency and the steepness frequency ranges should be selected as proposed amendments on small of the crossover slope, such crossover appropriate band-limited pink noise test businesses. The purpose of a regulatory circuitry may severely attenuate a test signals. Finally, CEMA and EKSC flexibility analysis is to ensure that the tone of 1,000Hz and prevent the restricted their comments on self- agency considers impact on small subwoofer amplifier from being driven powered speakers to the need for entities and examines regulatory to one-third rated power (as required by acoustic output tests of the entire alternatives that could achieve the the Rule at the time the NPR was speaker system, and did not address the regulatory purpose while minimizing published), or even to one-eighth of choice of preconditioning test signal burdens on small entities. Section 605 rated power (as required by the frequency for the amplifiers contained of the RFA, 5 U.S.C. 605, provides that amended Rule). Thus, it appeared to the in self-powered subwoofers. such an analysis is not required if the Commission that testers of self-powered f. Rule Amendment and Reasons agency head certifies that the regulatory subwoofers would need to select a Therefor. Based on its review of the NPR action will not have a significant preconditioning frequency considerably comments, the Commission has economic impact on a substantial lower than 1,000Hz. concluded that testers of self-powered number of small entities. The Commission, therefore, subwoofers should have the flexibility Since the Amplifier Rule covers tentatively concluded in the NPR that to choose for the sinusoidal manufacturers and importers of power the Rule should be amended to clarify preconditioning signal any frequency amplification equipment for use in the the preconditioning procedure for self- within the intended operating home, the Commission preliminarily powered subwoofers. The Commission bandwidth of the subwoofer amplifier concluded in the NPR that any also concluded, however, that any such that will allow the amplifier to be amendments to the Rule may affect a amendment should not specify the driven for one hour to one-eighth of substantial number of small businesses. precise frequency of the test tone that is rated power output. No comments Nevertheless, the Commission to be used in preconditioning powered stated that this approach was concluded that the proposed subwoofers. The Commission stated that technologically flawed or otherwise amendments would not have a powered subwoofers may differ widely undesirable. One commenter significant economic impact upon such in the portion of the bass spectrum over specifically endorsed the proposed entities. Specifically, the Commission which they are designed to operate, and, preconditioning amendment. stated that the proposed change in the consequently, there may not be a single Accordingly, the Commission is preconditioning protocol and the preconditioning frequency that is amending section 432.3(c) of the Rule proposed exemption of disclosure of appropriate for all powered subwoofers. THD, bandwidth, and impedance The Commission tentatively concluded 51 Audio Research, (2), p. 2. specifications in media advertising in the NPR, therefore, that testers of 52 QSC, (3), p. 2. would allow a moderate reduction in

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The authority citation for part 432 combination subwoofer-satellite self- exemption for media advertising would continues to read as follows: powered loudspeaker systems was the be conditioned on the requirement that Authority: 38 Stat. 717, as amended; (15 least burdensome application of the the amplifier’s primary power output U.S.C. 41–58). Rule among the alternative proposals specification continue to be disclosed in 2. Section 432.2 is revised to read as suggested by commenters, and would any media advertising, the Commission follows: not have a significant or stated that the net effect of the proposed disproportionate impact on the testing amendment would be to reduce the § 432.2 Required disclosures. costs of small manufacturers of such Rule’s paperwork burden for businesses. (a) Whenever any direct or indirect power amplification equipment. To ensure that no significant paperwork representation is made of the power Based on available information, burden was being overlooked, however, output, power band or power frequency therefore, in the NPR the Commission the Commission requested comments on response, or distortion characteristics of certified under the RFA that the this issue. The Commission received no sound power amplification equipment, proposed amendments to the Amplifier comments on this aspect of its NPR. the following disclosure shall be made Rule, if promulgated, would not have a clearly, conspicuously, and more significant economic impact on a Thus, the Commission concludes on prominently than any other substantial number of small businesses. the basis of the information now before representations or disclosures permitted To ensure that no significant economic it that the amendments to the Amplifier under this part: The manufacturer’s impact was being overlooked, however, Rule will decrease the paperwork rated minimum sine wave continuous the Commission requested comments on burden associated with compliance with average power output, in watts, per this issue. The Commission received no the Rule. As discussed, the Rule channel (if the equipment is designed to comments on this aspect of its NPR. requires disclosures if an advertisement amplify two or more channels Consequently, the Commission makes a power output claim. The simultaneously) at an impedance of 8 concludes that a regulatory flexibility Commission has estimated that ohms, or, if the amplifier is not designed analysis is not required, and certifies, approximately 1,200 advertisements for an 8-ohm impedance, at the under section 605 of the RFA, 5 U.S.C. annually would be required to carry the impedance for which the amplifier is 605, that the Rule it has adopted will FTC disclosures. The cost of these primarily designed, measured with all not have a significant economic impact disclosures is limited to the time needed associated channels fully driven to rated on a substantial number of small to draft and review the language per channel power. Provided, however, entities. pertaining to power output when measuring maximum per channel specifications. The Commission has output of self-powered combination Part D—Paperwork Reduction Act estimated the time involved for this task speaker systems that employ two or The Amplifier Rule contains various to be a maximum of one hour per more amplifiers dedicated to different information collection requirements for advertisement, for a total burden of portions of the audio frequency which the Commission has obtained 1,200 hours.53 Because the Commission spectrum, such as those incorporated clearance until August 31, 2002, under is amending the Rule to exempt from into combination subwoofer-satellite the Paperwork Reduction Act, 44 U.S.C. media advertising disclosure of an speaker systems, only those channels 3501 et seq., Office of Management and amplifier’s total rated harmonic dedicated to the same audio frequency Budget (‘‘OMB’’) Control Number 3084– distortion and the associated power spectrum should be considered 0105. In the NPR, the Commission bandwidth and impedance ratings, the associated channels that need be fully preliminarily concluded that the Commission estimates the time involved driven simultaneously to rated per proposed amendments to the Rule to for the aforementioned tasks to be a channel power. clarify the manner in which the Rule’s maximum of 45 minutes per (b) In addition, whenever any direct testing procedures apply to self- advertisement, for a total burden of 900 or indirect representation is made of the powered subwoofer-satellite hours. Thus, the net effect of the power output, power band or power combination speaker systems, and amendment is to reduce the Rule’s frequency response, or distortion reduce the preconditioning power paperwork burden for businesses by 900 characteristics of sound power output requirement from one-third of hours. In addition, since there were no amplification equipment in any product rated power to one-eighth of rated additional ‘‘collection of information’’ brochure or manufacturer specification power, if enacted, would not increase or requirements included in the proposed sheet, the following disclosures also alter the paperwork burden associated amendments to the Rule, the shall be made clearly, conspicuously, with the Rule’s requirements. The Commission was not required to submit and more prominently than any other Commission stated in the NPR that them to OMB during this proceeding for representations or disclosures permitted these amendments would not increase clearance under the Paperwork under this part: the paperwork burden for businesses Reduction Act. (1) The manufacturer’s rated power because for purposes of performing the band or power frequency response, in tests necessary for affected entities to List of Subjects in 16 CFR Part 432 Hertz (Hz), for the rated power output make the disclosures required under the Amplifiers, Home entertainment required to be disclosed in paragraph (a) Rule amplifiers must continue to be products, Trade practices. of this section; and preconditioned for one hour. In the (2) The manufacturer’s rated NPR, the Commission also preliminarily For the reasons set out in the percentage of maximum total harmonic concluded that the proposed preamble, 16 CFR Part 432 is amended distortion at any power level from 250 amendment of the Rule to exempt from as follows: mW to the rated power output, and its media advertising disclosure of an corresponding rated power band or amplifier’s total rated harmonic 53 64 FR 36877, 36879 (July 8, 1999). power frequency response.

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3. Section 432.3(c) is revised to read a sinusoidal wave at a frequency of allow the amplifier to be driven to one- as follows: 1,000 Hz; provided, however, that for eighth of rated power for one hour; amplifiers utilized as a component in a § 432.3 Standard test conditions. * * * * * self-powered subwoofer system, the By direction of the Commission. * * * * * sinusoidal wave used as a Donald S. Clark, (c) The amplifier shall be preconditioning signal may be any Secretary. preconditioned by simultaneously frequency within the amplifier’s operating all channels at one-eighth of intended operating bandwidth that will [FR Doc. 00–32392 Filed 12–21–00; 8:45 am] rated power output for one hour using BILLING CODE 6750±01±P

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