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”), 33337-33359 [2012-13626]
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Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Proposed Rules
33337
TABLE 1—MRBR TRS AND TASKS, WITH COMPLIANCE TIMES
EMBRAER MRBR TR
Subject
MRBR task No.
Compliance time
TR 2–5, dated December 6,
2007.
Wing stub main box lower
skin and splices—internal.
57–01–002–0002
TR 2–5,
2007.
TR 2–5,
2007.
TR 2–5,
2007.
TR 2–5,
2007.
TR 2–6,
2008.
Wing stub spar 3—internal/
external.
Wing stub spar 3—external ...
57–01–008–0003
250 flight cycles after July 6, 2011 (the effective date of AD
2010–11–14, Amendment 39-16319 (75 FR 30277, June
1, 2010)).
500 flight cycles after July 6, 2011.
57–01–008–0004
500 flight cycles after July 6, 2011.
57–10–007–0004
500 flight cycles after July 6, 2011.
57–10–012–0003
500 flight cycles after July 6, 2011.
53–10–021–0004
500 flight cycles after July 6, 2011.
dated December 6,
dated December 6,
dated December 6,
dated December 6,
dated February 12,
Wing lower skin panel stringers—internal.
Wing main box rib 11—internal.
Nose landing gear wheel well
metallic structure.
(iii) Thereafter, except as provided in
paragraphs (h) and (j) of this AD, no
alternative replacement times or structural
inspection intervals may be approved for the
tasks specified in the TRs specified in table
1 of this AD.
(h) New Requirements of This AD: Revision
of the Maintenance Program
Within 90 days after the effective date of
this AD, revise the maintenance program to
incorporate the tasks specified in Part 2—
Airworthiness Limitation Inspections (ALI)—
Structures, of Appendix A, Airworthiness
Limitations (AL), of the EMBRAER 190
Maintenance Review Board Report, MRB–
1928, Revision 5, dated November 11, 2010;
and EMBRAER TR 5–1, dated February 11,
2011, to Part 2—Airworthiness Limitation
Inspections (ALI)—Structures, of Appendix
A, Airworthiness Limitations (AL), of the
EMBRAER 190 Maintenance Review Board
Report, MRB–1928, Revision 5, dated
November 11, 2010; with the thresholds and
intervals stated in these documents. The
initial compliance times for the tasks are
stated in the ‘‘Implementation Plan’’ section
of Appendix A, Airworthiness Limitations
(AL), of the EMBRAER 190 Maintenance
Review Board Report, MRB–1928, Revision 5,
dated November 11, 2010. Doing the revision
required by this paragraph terminates the
revision required by paragraph (g) of this AD.
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(i) No Alternative Actions or Intervals
After accomplishing the revision required
by paragraph (h) of this AD, no alternative
actions (e.g., inspections) or intervals, may be
used, unless the actions or intervals are
approved as an AMOC in accordance with
the procedures specified in paragraph (j)(1) of
this AD.
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the International Branch, send it to ATTN:
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Cindy Ashforth, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, Washington 98057–
3356; phone: 425–227–2768; fax: 425–227–
1149. Information may be emailed to:
9-ANM-116-AMOC-REQUESTS@faa.gov.
Before using any approved AMOC, notify
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office/
certificate holding district office. The AMOC
approval letter must specifically reference
this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(k) Related Information
Refer to MCAI Brazilian Airworthiness
Directive 2011–05–04, dated June 16, 2011,
and the service information specified in
paragraphs (k)(1) through (k)(4) of this AD.
(1) EMBRAER TR 2–5, dated December 6,
2007, to Part 2—Airworthiness Limitation
Inspections (ALI)—Structures, of Appendix
A, Airworthiness Limitations (AL), of the
EMBRAER 190 Maintenance Review Board
Report, MRB–1928.
(2) EMBRAER TR 2–6, dated February 12,
2008, to Part 2—Airworthiness Limitation
Inspections (ALI)—Structures, of Appendix
A, Airworthiness Limitations (AL), of the
EMBRAER 190 Maintenance Review Board
Report, MRB–1928.
(3) EMBRAER TR 5–1, dated February 11,
2011, to Part 2—Airworthiness Limitation
Inspections (ALI)—Structures, of Appendix
A, Airworthiness Limitations (AL), of the
EMBRAER 190 Maintenance Review Board
Report, MRB–1928, Revision 5, dated
November 11, 2010.
(4) Part 2—Airworthiness Limitation
Inspections (ALI)—Structures, of Appendix
A, Airworthiness Limitations (AL), of the
EMBRAER 190 Maintenance Review Board
Report, MRB–1928, Revision 5, dated
November 11, 2010.
(5) For service information identified in
this AD, contact Embraer S.A., Technical
Publications Section (PC 060), Av. Brigadeiro
PO 00000
Frm 00006
Fmt 4702
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˜
Faria Lima, 2170—Putim—12227–901 Sao
Jose dos Campos-SP—Brasil; telephone +55
12 3927–5852 or +55 12 3309–0732; fax +55
12 3927–7546; email distrib@embraer.com.br;
Internet https://www.flyembraer.com. You
may review copies of the referenced service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221.
Issued in Renton, Washington, on May 24,
2012.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2012–13672 Filed 6–5–12; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Part 305
[RIN 3084–AB03]
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’’)
Federal Trade Commission
(FTC or Commission).
ACTION: Proposed rule; request for
comments.
AGENCY:
The Commission seeks
comment on proposed disclosures to
help consumers, distributors,
contractors, and installers easily
determine whether a specific furnace or
central air conditioner meets applicable
Department of Energy regional
efficiency standards.
DATES: Comments must be received by
August 6, 2012.
ADDRESSES: Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUMMARY:
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Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Proposed Rules
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Regional Labeling for
Heating and Cooling Equipment—
Proposed Rule (16 CFR Part 305)
(Project No. P114202)’’ on your
comment, and file your comment online
at https://ftcpublic.commentworks.com/
ftc/proposedregionaldisclosuresnprm,
by following the instructions on the
web-based form. If you prefer to file
your comment on paper, mail or deliver
your comment to the following address:
Federal Trade Commission, Office of the
Secretary, Room H–113 (Annex C), 600
Pennsylvania Avenue NW., Washington,
DC 20580.
FOR FURTHER INFORMATION CONTACT:
Hampton Newsome, Attorney, (202)
326–2889, Division of Enforcement,
Federal Trade Commission, 600
Pennsylvania Avenue NW., Washington,
DC 20580.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Commission seeks comment on
proposed labeling requirements for
residential furnaces, central air
conditioners, and heat pumps to help
consumers and industry members
install products that comply with
Department of Energy (DOE) efficiency
standards.
II. Background
The Commission’s Appliance
Labeling Rule (‘‘Rule’’), issued pursuant
to the Energy Policy and Conservation
Act (EPCA),1 requires energy labeling
for major household appliances and
other consumer products to help
consumers compare competing models.2
When first published in 1979,3 the Rule
applied to eight appliance categories:
refrigerators, refrigerator-freezers,
freezers, dishwashers, water heaters,
clothes washers, room air conditioners,
and furnaces. The Commission has
since expanded the Rule’s coverage to
include central air conditioners, heat
pumps, plumbing products, lighting
products, ceiling fans, certain types of
water heaters, and televisions.4
The Rule requires manufacturers to
attach yellow EnergyGuide labels to all
covered furnaces, central air
conditioners, and heat pumps.5 It also
1 42
U.S.C. 6291 et seq.
information about the Rule can be found
at: https://www.ftc.gov/appliances.
3 44 FR 66466 (Nov. 19, 1979).
4 See 52 FR 46888 (Dec. 10, 1987) (central air
conditioners and heat pumps); 54 FR 28031 (Jul. 5,
1989) (fluorescent lamp ballasts); 58 FR 54955 (Oct.
25, 1993) (certain plumbing products); 59 FR 25176
(May 13, 1994) (lighting products); 59 FR 49556
(Sep. 28, 1994) (pool heaters); 71 FR 78057 (Dec.
26, 2006) (ceiling fans); and 76 FR 1038 (Jan. 6,
2011) (televisions).
5 See 42 U.S.C. 6302(a)(1) and 16 CFR 305.4(a)(1).
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prohibits retailers from removing these
labels or rendering them illegible.6 In
addition, retailers must post label
information on Web sites and in paper
catalogs from which consumers can
order these products.7 Manufacturers
must provide distributors and installers
with energy information about their
furnaces, central air conditioners, and
heat pumps in paper or electronic form
(including internet-based access). In
turn, retailers, including installers, must
show this information to their
customers and let them read the
information before purchase.8
The EnergyGuide labels for heating
and cooling equipment contain two key
disclosures: (1) The product’s efficiency
rating, and (2) a comparability range
showing the highest and lowest ratings
for all similar models.9 The Rule also
specifies the label’s format. For
example, the label must be yellow and
feature the EnergyGuide headline in a
specific format and type. Additionally,
manufacturers cannot place any
information on the label other than that
specifically allowed by the Rule.
III. DOE Regional Standards for
Heating and Cooling Equipment
On October 25, 2011,10 DOE
announced new efficiency standards for
residential furnaces, central air
conditioners, and heat pumps as
directed by the Energy Independence
and Security Act of 2007 (EISA).11
Unlike existing DOE standards, which
impose uniform, national efficiency
levels, the new standards vary by region
for certain products.12 As detailed in
Tables 1 and 2, the DOE rules impose
regional efficiency standards for four
product categories: split-system air
conditioners, single-package air
6 See
42 U.S.C. 6302(a)(2) and 16 CFR 305.4(a)(2).
42 U.S.C. 6296(a) and 16 CFR 305.20.
8 16 CFR 305.14.
9 16 CFR 305.13.
10 76 FR 67037 (Oct. 31, 2011). See also, 76 FR
37408 (June 27, 2011).
11 Pub. L. 110–140; 42 U.S.C. 6295(o)(6). EISA
amended EPCA to authorize separate regional
standards for these products.
12 42 U.S.C. 6295(o)(6)(B). The DOE standards
apply to three regions: the North, Southeast, and
Southwest. For furnaces, the standards are the same
for the Southeastern and Southwestern regions. The
Northern region encompasses Alaska, Colorado,
Connecticut, Idaho, Illinois, Indiana, Iowa, Kansas,
Maine, Massachusetts, Michigan, Minnesota,
Missouri, Montana, Nebraska, New Hampshire,
New Jersey, New York, North Dakota, Ohio, Oregon,
Pennsylvania, Rhode Island, South Dakota, Utah,
Vermont, Washington, West Virginia, Wisconsin,
and Wyoming. The Southeastern region
encompasses Alabama, Arkansas, Delaware,
Florida, Georgia, Hawaii, Kentucky, Louisiana,
Maryland, Mississippi, North Carolina, Oklahoma,
South Carolina, Tennessee, Texas, Virginia, the
District of Columbia, and U.S. territories. The
Southwest includes Arizona, California, New
Mexico, and Nevada. 76 FR 37422.
7 See
PO 00000
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conditioners, non-weatherized gas
furnaces, and mobile home gas furnaces.
For all other covered heating and
cooling equipment, the new standards
are nationally uniform. The new DOE
requirements will become effective on
two dates: May 1, 2013, for nonweatherized gas furnaces, mobile home
gas furnaces, and non-weatherized oil
furnaces; and January 1, 2015, for
weatherized gas furnaces and all central
air conditioners and heat pumps.
To promote compliance with these
new standards, EISA also directs DOE to
develop an enforcement plan to specify
the responsibilities of installers,
distributors, and manufacturers in
meeting the new standards and making
required disclosures.13 DOE must
complete this plan within 15 months
after issuance of the final efficiency
standards. To augment DOE’s
enforcement efforts, EISA gives states
authority to enforce the regional
standards in Federal court.14
IV. EISA’s Mandate for New FTC
Disclosures Related to Regional
Standards
EISA directs the FTC to develop new
disclosures for heating and cooling
equipment. Specifically, the law
requires the Commission to ‘‘determine
the appropriate 1 or more methods for
disclosing information so that
consumers, distributors, contractors,
and installers can easily determine
whether a specific piece of equipment
that is installed in a specific building is
in conformance with the regional
standard that applies to the building.’’ 15
The statute also authorizes the
Commission to modify the EnergyGuide
label or develop other disclosure
‘‘methods that make it easy for
consumers and installers to use and
understand at the point of
installation.’’ 16 Consistent with the
timing for DOE’s enforcement plan,
EISA directs the Commission to
complete this effort 15 months after
DOE issues the regional standards.
V. FTC Advance Notice of Proposed
Rulemaking
In response to EISA’s mandate, the
Commission published an Advance
Notice of Proposed Rulemaking (ANPR)
on November 28, 2011, seeking
comments on the development of new
disclosures related to the regional
standards.17 The ANPR invited
comment to help consumers,
13 42
U.S.C. 6295(o)(6)(G).
14 Id.
15 42
U.S.C. 6295(o)(6)(H).
16 Id.
17 76
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FR 72872 (Nov. 28, 2011).
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Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Proposed Rules
distributors, contractors, and installers
easily determine whether a specific
furnace, central air conditioner, or heat
pump meets the applicable standard for
their region. It also sought input on the
content, location, and format of such
disclosures. To facilitate this process,
FTC and DOE staff held a joint public
meeting on December 16, 2011.
VI. Public Comments
The Commission received four
written comments in response to its
ANPR.18 In general, the comments
recommended EnergyGuide label
changes to inform industry members
and consumers about regional standards
for heating and cooling equipment. In
addition, one commenter provided
suggestions for the label’s location on
products, packaging, and Web sites.
That commenter also addressed the time
needed to comply with the new
requirements. Finally, the comments
suggested specific changes for oil
furnace labels related to input rates set
by installers.
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A. Recommended Label Content
The comments recommended several
label changes to help industry members
and consumers understand applicable
regional efficiency standards. These
suggestions included a U.S. map and a
list of states to identify applicable
regions, specific disclosures for central
air conditioners and furnaces, links to
product databases, and efficiency range
updates.
U.S. Map on Label: Manufacturers,
installers, and energy efficiency groups
urged the Commission to include a U.S.
map on the label depicting the
applicable regional efficiency standards
for specific product types. According to
Air-Conditioning, Heating, and
Refrigeration Institute (AHRI), such a
map will allow manufacturers to inform
distributors, installers, and consumers
about the regional requirements. To
augment the map, Natural Resources
Defense Council (NRDC) recommended
a list of states where the product can be
legally installed and a warning that
federal law prohibits installation in any
18 Air Conditioning Contractors of America
(ACCA) (# 00005); Air-Conditioning, Heating, and
Refrigeration Institute (AHRI) (# 00003); Natural
Resources Defense Council (NRDC) and other
Organizations (# 00004) (the other organizations
include Alliance to Save Energy, American Council
for an Energy-Efficient Economy, Appliance
Standards Awareness Project, Consumer Federation
of America, Earthjustice, National Consumer Law
Center, Natural Resources Defense Council,
Northeast Energy Efficiency Partnerships,
Northwest Energy Efficiency Alliance, Northwest
Power and Conservation Council); and Torres,
Michelle (# 00002). The comments are available at:
https://www.ftc.gov/os/comments/
regionaldisclosuresanpr/index.shtm.
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other state. NRDC also recommended
maps for all models subject to regional
standards (e.g., all non-weatherized gas
furnaces regardless of efficiency). In its
view, such an approach would avoid
consumer confusion in comparing labels
for different models. For models that
comply with all applicable standards
(e.g., a 90 AFUE furnace), NRDC also
recommended that the label state:
‘‘Federal Law allows installation of this
unit in any U.S. state.’’ Finally, the Air
Conditioning Contractors of America
(ACCA) urged the Commission to spell
state names on the label and not use
state abbreviations.
Split-System Central Air Conditioners:
The comments also provided specific
recommendations for split-system
central air conditioners. These systems
consist of two separate pieces of
equipment: an outdoor condenser and
an indoor coil. During the installation
process, installers match a condenser
with a coil to form the entire air
conditioning system. The final
efficiency rating for these systems varies
depending on the installed condensercoil combination. Under the current
Rule, EnergyGuide labels appear on the
condenser unit and disclose the
efficiency rating of that unit when
matched with the typical coil (i.e., the
condenser-coil combination with the
highest sales volume). The applicable
regional standards for these products
involve three different geographic
regions and two different efficiency
ratings (Seasonal Energy Efficiency
Ratio (‘‘SEER’’) and Energy Efficiency
Ratio (‘‘EER’’)).19
For these systems, AHRI
recommended using a general U.S. map
identifying the three regions covered by
the standards and a table listing the
applicable standards by region.20 NRDC
advocated a product-specific map
depicting the states in which the model
may be legally installed. AHRI also
suggested a disclosure to help installers
and consumers understand that a
system’s efficiency depends on the
installed condenser-coil combination.
Specifically, AHRI recommended that
the label disclose the high and low
efficiency values associated with the
19 As explained in NRDC’s comments, EER is ‘‘a
measure of energy efficiency for central air
conditioners at specific operating conditions’’; and
SEER is a ‘‘a measure of energy efficiency for
central air conditioners that estimates energy
performance over a typical cooling season.’’
20 For single-package air conditioners, which do
not have separate condenser-coil combinations, the
new standards set a minimum EER rating in the
Southwest region. To help installers comply with
these standards, AHRI recommended a map on
labels for single-package air conditioner labels to
communicate the minimum EER standard for those
products in the Southwest region.
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33339
different coils certified to match the
labeled condenser (e.g., 13.5–14.4
SEER). In addition, AHRI suggested a
statement explaining that the system’s
overall efficiency rating will depend on
the condenser-coil combination.
The comments also recommended
that the air conditioner label include
information to help consumers and
installers understand the product’s
Energy Efficiency Ratio (EER), an
efficiency rating different from SEER.
Unlike SEER, which reflects the model’s
efficiency over a typical cooling season,
EER measures efficiency under specific
operating conditions. Although SEER is
the primary efficiency rating for these
products, EER is necessary for
determining an air conditioner’s
compliance with the new DOE
standards in the southwest region.
NRDC argued that the label should
include definitions of both EER and
SEER. In addition, AHRI advocated a
separate comparability range for EER on
the label. NRDC did not believe that this
was necessary.
Furnaces: The comments made
specific recommendations for nonweatherized and mobile gas furnaces,
which are both subject to the regional
standards. These standards prohibit the
installation of furnaces rated lower than
90 AFUE in northern states.21 In AHRI’s
view, labels for these lower-efficiency
furnaces should include a map
identifying the states where those
models can be legally installed. AHRI
also suggested that the Commission
consult the furnace map used on the
Energy Star logo, which appears on the
label for qualified products. This logo
includes a U.S. map displaying the
states in which certain furnaces qualify
for the Energy Star program.22 NRDC
agreed but urged the Commission to
avoid confusion that might arise with
the appearance of two maps on the
label.
Product Databases: AHRI
recommended that all labels contain a
reference to the AHRI directory
(www.ahridirectory.org), which lists
models certified by that organization. In
its view, the directory will help ensure
contractors select appropriate products
for their location and consumers receive
products that comply with the regional
standards. AHRI also urged the
Commission to allow installers to use
the directory in complying with their
point of sale disclosure requirements.
21 ‘‘Annual Fuel Utilization Efficiency’’ (AFUE) is
the efficiency rating for these products.
22 Energy Star is a program administered by the
Environmental Protection Agency (EPA) which
identifies high efficiency products for consumers.
See www.energystar.gov.
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Efficiency Ranges: Both AHRI and
NRDC recommended amendments to
the comparability ranges displayed on
the EnergyGuide labels for heating and
cooling equipment. These ranges
disclose the most and least efficient
product ratings on the market.
Specifically, AHRI urged the
Commission to update these efficiency
ranges to reflect the new energy
conservation standards. NRDC also
suggested that the thresholds for the
regional standards should appear on the
label’s range. For furnace labels, it
recommended a vertical arrow on the
range accompanied by the statement
‘‘Federal law requires furnaces installed
in northern states to meet a minimum
AFUE of 90,’’ or, alternatively, the
phrase ‘‘Installation legal in Southern
states only’’ placed on the range
between 80 and 90 AFUE. For central
air conditioners, NRDC recommended a
hash mark or shaded region on the SEER
range to communicate the regional
standard for those products.
B. Location and Format for Disclosures
The comments also offered some
suggestions for the label’s location and
format. NRDC provided three specific
suggestions for the label’s placement
and format. First, it recommended a
permanent version of the EnergyGuide
label on products to aid enforcement
and voluntary compliance by consumers
and other market participants. In its
view, a permanent label would reveal
non-compliance for real estate
transactions and energy ratings. Second,
NRDC argued that the product package
should display the label to aid official
enforcement efforts and help
distributors, installers, and consumers
avoid costly shipping and installation
mistakes. According to NRDC, the
package label could also display a Quick
Response (QR) scan code so that
consumers can access additional
product information online.23 Finally,
NRDC argued that the required
disclosures should appear online in
official product descriptions and
advertisements because online dealers
currently offer heating and cooling
equipment directly to consumers. In its
view, such disclosures should include
an EnergyGuide icon and a link to the
EnergyGuide label and any other
relevant product information to help
consumers who research equipment
online. Additionally, NRDC proposed
that Web sites selling such equipment
23 Currently, the Environmental Protection
Agency requires QR codes on fuel economy labels
for vehicles. These codes link consumer to detailed
information for individual models at
www.fueleconomy.gov. See 40 CFR 600.302–
12(b)(6).
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should provide regional standards
information on the product information
page, without requiring consumers to
open a link to the EnergyGuide label. It
recommended that the FTC look to the
recent television labeling requirements
as guidance for the EnergyGuide label’s
placement. Among other things, these
new rules require online sellers to use
an FTC-provided EnergyGuide icon so
that consumers can view the required
labels.24
Finally, AHRI explained that focus on
EnergyGuide label revisions alone
should be sufficient to meet FTC and
DOE objectives and cautioned that
additional requirements would increase
regulatory burden without consumer
benefit. Similarly, ACCA stated that
labeling changes, along with the current
contractor disclosures, should meet the
Commission’s objectives.25
C. Timing of New Labels
NRDC encouraged the FTC to
establish compliance deadlines of May
1, 2013 for non-weatherized gas, oilfired, and mobile home gas furnaces,
and January 1, 2015 for weatherized
furnaces and central air conditioners
and heat pumps. These dates coincide
with the implementation of the relevant
regional efficiency standards, and, in
NRDC’s view, will ensure that products
manufactured on these dates and
thereafter comply with the disclosure
requirements.
D. Oil Furnace Labels
On an issue unrelated to the regional
standards, AHRI urged the FTC to
modify the EnergyGuide label for oil
furnaces.26 The installed efficiency
rating of these products depends on
input rates set by installers in the
consumer’s home. Thus, the efficiency
rating on the label may not match the
rating of the installed unit. To address
this issue, AHRI recommended the
Commission require a label listing the
efficiency ratings associated with four
different input rates set in the field.
Under AHRI’s proposal, installers
would mark the label to indicate the
product’s efficiency rating as installed.
VII. Proposed Disclosures for Heating
and Cooling
After reviewing the comments, the
Commission proposes amending the
24 See
76 FR 1038 (Jan. 11, 2011).
also urged FTC, in coordination with
DOE, to create print and broadcast public service
announcements, promotional materials with the
DOE or FTC logo, and other information to inform
consumers and contractors of the pending standard
changes.
26 The efficiency standards for oil furnaces are the
same across the country.
25 ACCA
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EnergyGuide label content for heating
and cooling equipment. The
Commission also proposes to expand
the label’s availability by requiring it on
manufacturer Web sites, on product
packaging, and at the point of sale.
These changes should help industry
members comply with the regional
standards and aid consumers in their
purchasing decisions for these products.
The labels’ proposed new content
discloses efficiency ratings in a simple
format and provides regional
information to help installers comply
with the law. Tables 1 and 2 summarize
the content of the proposed labels by
product category. In addition, the
proposal directs contractors to make the
labels available to consumers prior to
purchase. These changes should help
industry members and consumers easily
use and understand the labels. The
proposed amendments also change the
oil furnace labels in response to AHRI’s
suggestion. Finally, the proposed
effective dates for the new labels
coincide with the DOE compliance
dates for the various product categories.
A. Label Revisions
Consistent with commenter
suggestions, the Commission proposes
changing the EnergyGuide label content
to inform industry members and
consumers about regional standards and
otherwise improve the label. The
proposed label contains two parts: a
revised upper portion designed
primarily for consumers and a lower
portion to help installers comply with
the regional standards. The upper
portion, which resembles the current
EnergyGuide, will appear on labels for
all heating and cooling products,
whether or not they are subject to
different regional standards.27 The
lower portion contains maps, tables, and
other information designed to help
installers comply with the regional
standards and will appear only on
products subject to regional standards
(i.e., split-system air conditioners,
single-package air conditioners, and
non-weatherized and mobile home gas
furnaces).
Upper Portion: The upper portion,
which closely resembles the current
label, discloses the product’s efficiency
rating, a range of efficiency ratings for
similar products, and a link to an online
energy cost calculator. It bears the
simple title ‘‘Efficiency Rating’’
followed by a technical acronym for the
rating applicable to that product (e.g.,
SEER or AFUE). The Commission
27 These products include boilers, which fall
under the definition of ‘‘furnace’’ in the Rule. 16
CFR 305.3(g).
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proposes to use ‘‘efficiency rating’’
because the technical terms alone (e.g.,
SEER) are likely to be unfamiliar to most
consumers. Nevertheless, the acronyms
for those technical terms appear in
smaller type elsewhere on the label to
identify the type of rating disclosed
(e.g., SEER, AFUE, or EER).
In addition to the product’s efficiency
rating, the upper portion displays a
range of ratings for similar models to
help consumers compare competing
products.28 Consistent with the
comments and the current Rule’s
requirements, the Commission proposes
to update existing comparability ranges
for all heating and cooling equipment.29
Following NRDC’s comment, the
Commission proposes requiring new
ranges beginning May 1, 2013, to
coincide with the new efficiency
standards applicable to most products.30
However, for products subject to
standards effective on January 1, 2015
(i.e., central air conditioners, heat
pumps, and weatherized furnaces), the
new ranges will not apply until that
date.31 The Commission also proposes
specifying separate ranges for each
system type addressed by the efficiency
standards. Thus, for example, the Rule
will have separate ranges for
weatherized and non-weatherized
furnaces, split-system air conditioner
systems, small duct, high-velocity
systems, and space-constrained air
conditioners. Commenters should
address whether such separate
categories are necessary to help
consumers compare products.32
Yearly energy cost disclosure gives
consumers a clear, understandable tool
to compare energy performance.
28 The label’s range does not include thresholds
for regional standards as suggested by NRDC
because the addition of such information may
create confusion and detract from the label’s basic
message. In addition, the proposed label addresses
applicable regional standards elsewhere.
29 In the final rule notice, the Commission will
adjust the range tables in the Appendices if
necessary to reflect new industry data available at
that time. 16 CFR 305.10(b).
30 The new ranges effective May 1, 2013 will also
apply to equipment not subject to any change in the
standards (e.g., electric furnaces and boilers).
31 The Commission will publish new ranges for
central air conditioners, heat pumps, and
weatherized furnaces before the January 1, 2015
date. Under the current Rule, the Commission
amends range information for labels on a five-year
schedule. However, the Commission has indicated
it may update ranges more frequently. 72 FR 49948,
49959 (Aug. 29, 2007). The ranges on the new
sample heat pump and air conditioner labels in this
Notice stem from current industry data and have
been included only for illustrative purposes.
32 To reduce label clutter, the proposal also
eliminates text stating that the efficiency range is
based on a particular model type (e.g., ‘‘Efficiency
range based only on split system units’’). The
Commission seeks comment on whether this
statement should remain on the label.
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Therefore, the proposed label also
contains a prominent link to an online
energy cost calculator based on a
government Web site. Energy cost
information appears on EnergyGuide
labels for other covered products such
as dishwashers and televisions. Unlike
those products, however, heating and
cooling costs can vary significantly
depending on the consumer’s location.
For example, the annual operating cost
of a furnace installed in Minnesota is
likely to be much higher than one in
Florida. As a result, national average
cost information on the label may not
provide a good estimate for a substantial
number of consumers. Accordingly, the
Commission proposes to provide
consumers with a link to an online cost
calculator, which will give consumers
estimates based on their location.33
Lower Portion: The proposed label’s
lower portion contains information to
help installers comply with regional
standards. The proposed rule only
requires this information for product
categories subject to different regional
standards (i.e., split-system air
conditioners, single-package air
conditioners, and non-weatherized and
mobile home gas furnaces).34 The lower
portion communicates standards
information through text, a map, and a
link. The text provides general
information to installers about regional
efficiency standards, including a list of
applicable states.35 Second, a color U.S.
map illustrating regional standards
information appears on the label for
products that do not meet standards in
at least one region (i.e., certain split air
conditioner systems, single-package air
conditioners lower than 11.0 EER, and
non-weatherized and mobile gas
furnaces lower than 90 AFUE). The
color map provides a simple, graphical
means to inform distributors,
contractors, and consumers about the
regional requirements. However,
contrary to commenter suggestions, the
proposed label for units that are legal to
install in any state would not have a
map but rather would state, ‘‘Federal
law allows this unit to be installed in all
U.S. states and territories.’’ Because
these higher-efficiency models can be
installed anywhere, a map would add
unnecessary detail to the label.
33 To allow consumers to use the calculator, the
proposed rule requires the labels to display the
model’s capacity in addition to its efficiency rating.
34 The regional disclosures do not apply to
products subject to uniform national standards (e.g.,
heat pumps).
35 Given space limitations, the labels do not spell
out state names as suggested by ACCA. State postal
abbreviations should not lead to significant
confusion, particularly for installers who are likely
to be familiar with the abbreviations of states in
which they work.
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Additionally, under this approach, the
FTC map would not appear on any
labels displaying the Energy Star map
and thus eliminate any confusion from
the appearance of two different maps on
the same label. Finally, the proposed
label contains a link to DOE’s database
of certified equipment (https://
www.regulations.doe.gov/certificationdata/Category.html).36 This information
will help contractors and consumers
ensure that installed equipment
complies with the regional standards.
The Commission seeks comment on
whether it should require a QR code on
all labels to link consumers and
installers directly to detailed
information about the product at the
DOE Web site.
Central Air Conditioners and Heat
Pumps: The proposed label contains
specific requirements for split-system
air conditioners and heat pumps. First,
consistent with AHRI’s suggestion, the
upper portion of the label discloses the
lowest and highest SEER (and HSPF)
ratings for all the condenser’s certified
coil combinations. This disclosure
provides the minimum and maximum
efficiency yielded by a particular splitsystem. Second, the proposed label
states that an installed system’s
efficiency varies depending on which
coil is matched with the condenser.
Third, consistent with AHRI’s
suggestion, the lower portion of the
proposed air conditioner label displays
a map and a table illustrating the three
regions covered by the new DOE
standards.37 This map will provide
installers with a clear illustration of the
standards applicable to the product. The
Commission is not proposing a productspecific map because split-system air
conditioner efficiency ratings vary
depending on the installed condensercoil combination. Thus, a condenser
may meet the standard in the southern
region when paired with one coil but
not when paired with another.
The proposed labels for split-system
air conditioners and single-package air
conditioners also contain EER ratings
because such information is necessary
to determine regional standards
compliance. EER information would
appear in the proposed label’s lower
portion and, for split systems, would
include the high and low certified
ratings. The Commission does not
36 The Commission proposes to link consumers to
the DOE Web site, rather than AHRI’s directory,
because DOE’s site provides a government source
for information from both AHRI and non-AHRI
members.
37 The proposed rule contains no regional
standards information for heat pump labels because
those products are subject to uniform national
standards.
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propose to include a separate EER range
bar. Because most consumers are not
likely to be familiar with EER ratings,
the inclusion of a separate EER range is
likely to lead to confusion without
providing significant benefit. Finally,
the proposed label for single-package air
conditioners rated below 11.0 EER
displays a product specific map to
illustrate that such models can only be
installed in the northern and
southeastern regions.
Furnaces: The Commission also
proposes specific regional information
for furnace labels. For non-weatherized
and mobile gas furnaces rated below 90
AFUE, the proposed label contains a
map and a list identifying those states
where the product may be installed. For
non-weatherized and mobile home
furnaces that meet standards in all
regions, the proposed label contains the
statement: ‘‘Federal law allows this unit
to be installed in all U.S. states and
territories.’’
B. Label Location
To improve access to the EnergyGuide
label for heating and cooling products,
the proposed amendments continue to
require the label on the product itself
and retailer Web sites, and propose
requiring it on packaging (for product
categories subject to regional standards)
and manufacturer Web sites. The
proposal also directs contractors to give
consumers the opportunity to review
the EnergyGuide label prior to purchase.
These requirements provide a single,
familiar tool for communicating
efficiency and standards information.
They also avoid multiple formats that
could cause confusion and increase
compliance burdens. For distributors
and installers, the comprehensive label
eliminates the need to create their own
disclosures.
In addition, by requiring the label in
several different locations, the proposed
approach should help consumers and
installers with their purchasing and
installation decisions—regardless of
where those decisions occur. The label’s
continued presence on products
provides consumers with efficiency
information for their purchases. It will
also help installers with regional
standards information to ensure they
install the correct equipment under the
law.38 Labels on packages will help
distributors and installers determine
whether a model meets applicable
standards before they ship or open
boxes, avoiding costly shipping or
installation mistakes.
Consistent with the Commission’s
recent television labeling requirements
as well as its proposed requirements for
all covered products, the proposed rule
requires manufacturer Web sites to
provide consumers, distributors, and
installers access to their product labels
online.39 The proposed amendments
continue to require retail Web sites to
post a copy of the EnergyGuide label. In
addition, the proposal requires retail
Web sites selling any product subject to
regional standards to display the
statement ‘‘Federal law prohibits the
installation of some [central air
conditioners or furnaces] in certain
states. Look to the EnergyGuide label to
determine whether this product can be
legally installed in your location.’’ This
should ensure that the Web site alerts
purchasers to regional restrictions even
if purchasers do not open the label
itself. Though some commenters
suggested a lengthier disclosure, such
information would unnecessarily
duplicate the label’s content. In addition
to requirements for Web sites, the
proposal also contains disclosures for
paper catalogs requirements related to
regional standards.
Finally, the Commission proposes
requiring retail sellers (e.g., contractors,
installers, and assemblers) to make the
EnergyGuide label available to
consumers before purchase. Contractors
can comply with this requirement by,
for example, showing the labels to
consumers or providing them
instructions to view the labels online.
Though AHRI urged the Commission to
refer to AHRI’s directory for these
required disclosures, the label itself is
preferable because it provides detailed
information in a larger format
specifically designed for consumers.
This requirement should not increase
existing disclosure burdens for installers
because the Rule already requires them
to make energy disclosures to
consumers.40 Nothing prevents
installers from also directing consumers
to the AHRI site.
C. Oil Furnace Labels
In response to AHRI’s suggestion, the
Commission proposes to amend the oil
furnace label to include the efficiency
ratings associated with different input
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D. Effective Dates for Label Changes
The Commission proposes to require
the proposed label changes in two
phases. Under the first phase,
manufacturers must begin using the new
label no later than May 1, 2013 for
equipment subject to new standards
effective on that date (i.e., weatherized
gas and mobile home gas furnaces) or
not subject to any change in the
standards (e.g., boilers, oil-fired, and
electric furnaces). Under the second
phase, manufacturers must begin
placing the new labels no later than
January 1, 2015 for any heating and
cooling equipment subject to new
standards effective on that date (i.e.,
weatherized furnaces and central air
conditioners and heat pumps).42 Until
January 1, 2015, manufacturers must
continue to use the current label,
including the current ranges, for those
products. These proposed dates
coincide with the effective dates of
regional standards for those products
and thus should provide a reasonable
transition date for the new labels.
However, DOE has clarified that the
effective date for the regional standards
applies to the installation of products on
or after that date.43 Accordingly, the
Commission seeks comment on whether
to require manufacturers to begin using
41 See
39 See
38 The proposed rule does not require a
permanent EnergyGuide label on these products as
suggested by comments because the unit’s model
number provides the information necessary to
determine compliance, particularly given the
availability of online databases from DOE and
AHRI.
rates. The proposed label provides
consumers with the furnace’s efficiency
rating as configured and installed in
their home, as well as the efficiency
rating associated with the product’s
input rate as shipped by the
manufacturer. In addition, the proposed
label contains a chart displaying four
efficiency ratings associated with the
four input rates recommended by AHRI.
It also contains a single scale displaying
the furnace’s efficiency rating at the
manufacturer’s rated input to avoid
label clutter that could potentially
confuse consumers. If the installer uses
a different input rate, they must mark
the chart on the EnergyGuide label to
indicate so.41 The Commission seeks
comment on whether this is necessary
and, if so, whether the proposed label
will provide clear information to
consumers. In addition, commenters
should address whether this same
design should appear on boilers, which
also vary in efficiency by input rate
settings.
76 FR 1038 (Jan. 11, 2011) (television
requirements) and 77 FR 15298 (Mar. 15, 2012)
(proposed requirements for all covered products).
The present notice includes the proposed rule
language for catalog disclosure from the March 15,
2012 notice and corrects minor errors in that
language.
40 16 CFR 305.14.
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42 U.S.C. 6294(c)(4).
Commission will update ranges for
weatherized furnaces and central air conditioners
and heat pumps before the January 1, 2015
transition to the new labels.
43 See Department of Energy, ‘‘Regional Standards
Enforcement Framework Document,’’ https://www1.
eere.energy.gov/buildings/appliance_standards/
pdfs/furncac_regstnd_enforceframework.pdf.
42 The
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the new labels earlier to provide a leadtime for newly labeled units to enter
retailer inventories before the regional
standards take effect.
TABLE 1—FURNACES
System type
Regional standards information on proposed
label
Date for
label change
Efficiency
standard—
north
%
Efficiency
standard—
southeast
%
Efficiency
standard—
southwest
%
Non-weatherized gas ........................
Models below 90 AFUE: U.S. map and explanatory text indicating product can only
be installed in south/southwest (see Sample Label 9).
All other models: a statement that unit can be
installed in any state (see Sample Label
9A).
Models below 90 AFUE: U.S. map and explanatory text indicating product can only
be installed in south/southwest.
All other models: a statement that unit can be
installed in any state.
No regional standards information (see Sample Label 9B).
No regional standards information ..................
No regional standards information ..................
No regional standards information ..................
No regional standards information ..................
May 1, 2013 .....
90 AFUE ..
80 AFUE ..
80 AFUE.
May 1, 2013 .....
90 AFUE ..
80 AFUE ..
80 AFUE.
May 1, 2013 .....
83 AFUE ..
83 AFUE ..
83 AFUE.
Jan.
May
Jan.
May
81
75
78
78
81
75
78
78
81
75
78
78
Mobile home gas ...............................
Non-weatherized oil-fired ..................
Weatherized gas ...............................
Mobile home oil-fired .........................
Weatherized oil-fired .........................
Electric ...............................................
1,
1,
1,
1,
2015
2013
2015
2013
.....
.....
.....
.....
AFUE
AFUE
AFUE
AFUE
..
..
..
..
AFUE
AFUE
AFUE
AFUE
..
..
..
..
AFUE.
AFUE.
AFUE.
AFUE.
TABLE 2—CENTRAL AIR CONDITIONERS AND HEAT PUMPS
System type
Regional standards information on
proposed label
Date for label
change
Efficiency standard-north
Efficiency standard-southeast
Efficiency standard-southwest
Split-system air conditioners
All models regardless of efficiency
rating: low and high SEER and
EER for certified compressorcoil combinations.
Models below 14 SEER (any size
model), below 12.2 EER (for
models smaller than 45,000 Btu/
h), or below 11.7 EER (for models larger than 45,000 Btu/h):
General U.S. map & standards
chart (see Sample Label 7A).
All other models: A statement that
unit can be installed in any state.
No regional standards information
(see Sample Label 8A).
All Models: Low and high SEER
and HSPF for certified compressor-coil combinations.
Models below 11 EER: U.S. Map
and explanatory text indicating
product can only be installed in
northern
and
southeastern
states (not southwestern) (see
Sample Label 7B).
All other models: A statement that
unit can be installed in any state.
No regional standards information
Jan. 1, 2015 ......
13 SEER 44 ........
14 SEER ...........
14 SEER/12.2
EER 45
<45,000 Btu/h
14 SEER/11.7
EER >45,000
Btu/h.
Jan. 1, 2015 ......
14 SEER/8.2
HSPF 46.
14 SEER/8.2
HSPF.
14 SEER/8.2
HSPF.
Jan. 1, 2015 ......
14 SEER ...........
14 SEER ...........
14 SEER/11.0
EER.
Jan. 1, 2015 ......
Jan. 1, 2015 ......
14 SEER/8.0
HSPF.
13 SEER/7.7
HSPF.
14 SEER/8.0
HSPF.
13 SEER/7.7
HSPF.
14 SEER/8.0
HSPF.
13 SEER/7.7
HSPF.
Jan. 1, 2015 ......
12 SEER ...........
12 SEER ...........
12 SEER.
Split-system heat pumps ......
Single-package air conditioners.
Single-Package Heat Pumps
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Small-duct, high-velocity systems.
Space-constrained products
-air conditioners.
44 Seasonal
No regional standards information.
All Models: Low and high SEER
and HSPF for certified compressor-coil combinations.
No Regional Standards information.
All split-systems models: Low and
high SEER and HSPF for certified compressor-coil combinations.
Energy Efficiency Rating.
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45 Energy
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46 Heating
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TABLE 2—CENTRAL AIR CONDITIONERS AND HEAT PUMPS—Continued
System type
Space-constrained products—heat pumps.
Regional standards information on
proposed label
Date for label
change
No Regional Standards information.
All split-system models: All Models: Low and high SEER and
HSPF for certified compressorcoil combinations.
Jan. 1, 2015 ......
VIII. Paperwork Reduction Act
The current Rule contains
recordkeeping, disclosure, testing, and
reporting requirements that constitute
‘‘collection[s] of information’’ under the
Paperwork Reduction Act (PRA).47 OMB
has approved the Rule’s existing
information collection requirements
through Jan. 31, 2014 (OMB Control No.
3084–0069). As described below, the
proposed amendments modify existing
EnergyGuide label design and require its
presence on packaging for some
products. Accordingly, the Commission
is submitting this proposed rule and an
associated PRA Supporting Statement to
OMB for review.
Manufacturer EnergyGuide Images
Online: The proposed Rule requires
manufacturers to post images of their
EnergyGuide labels on their Web sites.
Given approximately 6,000 total
models 48 at an estimated five minutes
per model, this requirement will entail
a burden of 500 hours.49 Assuming that
the additional disclosure requirement
will be implemented by graphic
designers at a mean hourly wage of
$23.42 per hour,50 the associated labor
cost would approximate $11,710 per
year (500 hours × $23.42).
Updating EnergyGuide Labels: The
proposed rule requires heating and
cooling equipment manufacturers to
change the EnergyGuide labels to the
new design. The new label design will
require a one-time drafting change for
the manufacturers. Consistent with
similar label changes in the past, the
Commission estimates that this one-time
change will take 40 hours per
47 44
U.S.C. 3501–3521.
estimate is based on information from
industry sources.
49 Unlike retail Web sites that already have
established Web pages for the products they offer,
some manufacturers may have to create new Web
pages for posting these requirements. Accordingly,
the burden estimate for manufacturers is higher
(five minutes per model) than that for catalog sellers
(one minute per model).
50 See U.S. Department of Labor, National
Compensation Survey: Occupational Earnings in
the United States 2010 (May 2011), Bulletin 2753,
Table 3 at 3–13 (‘‘Full-time civilian workers,’’ mean
and median hourly wages), available at https://www.
bls.gov/ncs/ncswage2010.htm.
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48 This
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Efficiency standard-north
Efficiency standard-southeast
Efficiency standard-southwest
12 SEER/7.4
HSPF.
12 SEER/7.4
HSPF.
12 SEER/7.4
HSPF.
manufacturer.51 As with other recent
labeling changes, the FTC staff plans to
provide template labels to
manufacturers to minimize the burden
associated with such labels changes.
The Commission estimates that there are
approximately 100 manufacturers of
affected covered products. Therefore,
the label design change will result in a
one-time burden of 4,000 hours (100
manufacturers × 40 hours). In
calculating the associated labor cost
estimate, the Commission assumes that
the label design change will be
implemented by graphic designers at an
hourly wage rate of $23.42 per hour
based on Bureau of Labor Statistics
information. Thus, the Commission
estimates that the new label design
change will result in a one-time labor
cost of approximately $93,680 (4,000
hours × $23.42 per hour).
EnergyGuide Labels on Packaging:
The proposed amendments would
require manufacturers to affix a copy of
the EnergyGuide on packaging for splitsystem and single-package air
conditioners, and non-weatherized and
mobile home gas furnaces. DOE has
estimated past annual shipments of
these units at about 5,500,000.52 The
Commission estimates the burden for
package labeling at 9,167 hours [6
seconds × 5,500,000 units]. In
calculating the associated labor cost
estimate, the Commission assumes that
the label design change will be
implemented by packaging and filling
machine operators at an hourly wage
rate of $14.67 per hour based on Bureau
of Labor Statistics information. Thus,
the Commission estimates that label
placement on packaging will result in
an annual labor cost of approximately
$134,480 (9,167 hours × $14.67 per
hour).
Catalog and Installer Disclosures: The
Rule already requires retailers to post
energy information in catalogs
(including Web sites) and installers to
make information available to
consumers at the point of sale.
51 72
FR 49948, 49964 (Aug. 27, 2007).
https://www1.eere.energy.gov/buildings/
appliance_standards/residential/pdfs/hvac_ch_09_
shipments_2011-04-25.pdf.
52 See
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Therefore, the proposed requirements
would not alter this burden.
Estimated Annual Non-labor Cost
Burden: Any capital costs associated
with the amendments are likely to be
minimal.
The Commission invites comments
that will enable it to: (1) Evaluate
whether the proposed collections of
information are necessary for the proper
performance of the functions of the
Commission, including whether the
information will have practical utility;
(2) evaluate the accuracy of the
Commission’s estimate of the burden of
the proposed collections of information,
including the validity of the
methodology and assumptions used; (3)
enhance the quality, utility, and clarity
of the information to be collected; and
(4) minimize the burden of the
collections of information on those who
must comply, including through the use
of appropriate automated, electronic,
mechanical, or other technological
techniques or other forms of information
technology.
Comments on any proposed
disclosure requirements that are subject
to OMB review under the PRA should
additionally be submitted to: Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Attention: Desk Officer for Federal
Trade Commission. Comments should
be submitted via facsimile to (202) 395–
5167 because U.S. postal mail at the
OMB is subject to lengthy delays due to
heightened security precautions.
IX. Regulatory Flexibility Act
The Regulatory Flexibility Act
(‘‘RFA’’), 5 U.S.C. 601–612, requires that
the Commission provide an Initial
Regulatory Flexibility Analysis
(‘‘IRFA’’) with a proposed Rule and a
Final Regulatory Flexibility Analysis
(‘‘FRFA’’), with the final Rule, if any,
unless the Commission certifies that the
Rule will not have a significant
economic impact on a substantial
number of small entities. See 5 U.S.C.
603–605.
The Commission does not anticipate
that the proposed Rule will have a
significant economic impact on a
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substantial number of small entities.
The Commission recognizes that some
of the affected manufacturers may
qualify as small businesses under the
relevant thresholds. However, the
Commission does not expect that the
requirements specified in the proposed
Rule will have a significant impact on
these entities because, as discussed in
the previous section, the proposed
amendments involve formatting changes
to labels, additional labels on some
packaging, and Web site changes that
should not have a significant impact on
affected entities, including small
businesses.
Accordingly, this document serves as
notice to the Small Business
Administration of the FTC’s
certification of no effect. To ensure the
accuracy of this certification, however,
the Commission requests comment on
whether the proposed Rule will have a
significant impact on a substantial
number of small entities, including
specific information on the number of
entities that would be covered by the
proposed Rule, the number of these
companies that are ‘‘small entities,’’ and
the average annual burden for each
entity. Although the Commission
certifies under the RFA that the Rule
proposed in this notice would not, if
promulgated, have a significant impact
on a substantial number of small
entities, the Commission has
determined, nonetheless, that it is
appropriate to publish an IRFA in order
to inquire into the impact of the
proposed Rule on small entities.
Therefore, the Commission has prepared
the following analysis:
A. Description of the Reasons That
Action by the Agency Is Being Taken
As directed by Congress, the
Commission proposes new disclosures
to help consumers and industry
members understand new DOE regional
efficiency standards for heating and
cooling equipment.
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B. Statement of the Objectives of, and
Legal Basis for, the Proposed Rule
The objective of the proposed Rule is
to develop new labels to help
communicate regional standards
requirements for heating and cooling
equipment. The legal basis for this Rule
is the EPCA (42 U.S.C. 6291 et seq.).
C. Small Entities to Which the Proposed
Rule Will Apply
Under the Small Business Size
Standards issued by the Small Business
Administration, the standards for
equipment manufacturers is 750
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employees.53 The Commission estimates
that fewer than 50 entities subject to the
proposed Rule’s requirements qualify as
small businesses. The Commission
seeks comment and information with
regard to the estimated number or
nature of small business entities for
which the proposed Rule would have a
significant economic impact.
D. Projected Reporting, Recordkeeping
and Other Compliance Requirements
The Commission recognizes that the
proposed labeling changes will involve
some burdens on affected entities.
However, the amendments should not
have a significant impact on small
entities. The proposed amendments
would increase existing burdens by
requiring manufacturers to change their
EnergyGuide labels for products and
place labels on packages for certain
furnaces and central air conditioners.
Graphic designers and packaging
operators will implement the new
requirements. There should be no
capital costs associated with the
amendments. The Commission invites
comment and information on these
issues.
E. Duplicative, Overlapping, or
Conflicting Federal Rules
The Commission has not identified
any other federal statutes, rules, or
policies that would duplicate, overlap,
or conflict with the proposed Rule.
While the proposed labels are related to
DOE efficiency standards, the proposed
requirements do not overlap with DOE
rules.
F. Significant Alternatives to the
Proposed Rule
The Commission seeks comment and
information on the need, if any, for
alternative compliance methods that,
consistent with the statutory
requirements, would reduce the
economic impact of the rule on such
small entities. As one alternative to
reduce burden, the Commission could
delay the effective date of the
amendments to provide additional time
for small business compliance.
Comments filed in response to this
notice should identify small entities that
are affected by the Rule, as well as
alternative methods of compliance that
would reduce the economic impact of
the Rule on small entities. The
Commission will consider the feasibility
of such alternatives and determine
whether they should be incorporated
into the final rule.
53 See
https://www.sba.gov/content/table-smallbusiness-size-standards.
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X. Communications by Outside Parties
to the Commissioners or Their Advisors
Written communications and
summaries or transcripts of oral
communications respecting the merits
of this proceeding, from any outside
party to any Commissioner or
Commissioner’s advisor, will be placed
on the public record. See 16 CFR
1.26(b)(5).
XI. Request for Comment
The Commission invites interested
persons to submit written comments on
any issue of fact, law, or policy that may
bear upon the FTC’s proposed
requirements. Please provide
explanations for your answers and
supporting evidence where appropriate.
After examining the comments, the
Commission will determine whether to
issue final amendments.
All comments should be filed as
prescribed below, and must be received
by August 6, 2012. Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to ‘‘Regional
Labeling for Heating and Cooling
Equipment—Proposed Rule (16 CFR
Part 305) (Project No. P114202)’’ to
facilitate the organization of comments.
Please note that your comment—
including your name and your state—
will be placed on the public record of
this proceeding, including on the
publicly accessible FTC Web site, at
https://www.ftc.gov/os/publiccomments.
shtm.
Because comments will be made
public, they should not include any
sensitive personal information, such as
any individual’s Social Security
Number; date of birth; driver’s license
number or other state identification
number, or foreign country equivalent;
passport number; financial account
number; or credit or debit card number.
Comments also should not include any
sensitive health information, such as
medical records or other individually
identifiable health information. In
addition, comments should not include
‘‘[t]rade secret or any commercial or
financial information which is obtained
from any person and which is privileged
or confidential’’ as provided in Section
6(f) of the Federal Trade Commission
Act (‘‘FTC Act’’), 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2).
Comments containing matter for which
confidential treatment is requested must
be filed in paper form, must be clearly
labeled ‘‘Confidential,’’ and must
comply with FTC Rule 4.9(c).54
54 The comment must be accompanied by an
explicit request for confidential treatment,
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Because paper mail addressed to the
FTC is subject to delay due to
heightened security screening, please
consider submitting your comments in
electronic form. Comments filed in
electronic form should be submitted
using the following weblink: https://
ftcpublic.commentworks.com/ftc/
proposedregionaldisclosuresnprm (and
following the instructions on the webbased form). To ensure that the
Commission considers an electronic
comment, you must file it on the webbased form at the weblink https://
ftcpublic.commentworks.com/
ftcproposedregionaldisclosuresnprm. If
this Notice appears at https://www.
regulations.gov/#!home, you may also
file an electronic comment through that
Web site. The Commission will consider
all comments that regulations.gov
forwards to it. You may also visit the
FTC Web site at https://www.ftc.gov to
read the Notice and the news release
describing it.
A comment filed in paper form
should include the ‘‘Regional Labeling
for Heating and Cooling Equipment—
Proposed Rule (16 CFR Part 305)
(Project No. P114202)’’ reference both in
the text and on the envelope, and
should be mailed or delivered to the
following address: Federal Trade
Commission, Office of the Secretary,
Room H–113 (Annex C), 600
Pennsylvania Avenue NW., Washington,
DC 20580. The FTC is requesting that
any comment filed in paper form be sent
by courier or overnight service, if
possible, because U.S. postal mail in the
Washington area and at the Commission
is subject to delay due to heightened
security precautions.
The FTC Act and other laws that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives,
whether filed in paper or electronic
form. Comments received will be
available to the public on the FTC Web
site, to the extent practicable, at
https://www.ftc.gov/os/publiccomments.
shtm. As a matter of discretion, the FTC
makes every effort to remove home
contact information for individuals from
the public comments it receives before
placing those comments on the FTC
Web site. More information, including
routine uses permitted by the Privacy
including the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record.
The request will be granted or denied by the
Commission’s General Counsel, consistent with
applicable law and the public interest. See FTC
Rule 4.9(c), 16 CFR 4.9.(c).
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Act, may be found in the FTC’s privacy
policy, at https://www.ftc.gov/ftc/
privacy.htm.
Because written comments appear
adequate to present the views of all
interested parties, the Commission has
not scheduled an oral hearing regarding
these proposed amendments. Interested
parties may request an opportunity to
present views orally. If such a request is
made, the Commission will publish a
document in the Federal Register
stating the time and place for such oral
presentation(s) and describing the
procedures that will be followed.
Interested parties who wish to present
oral views must submit a hearing
request, on or before June 26, 2012, in
the form of a written comment that
describes the issues on which the party
wishes to speak. If there is no oral
hearing, the Commission will base its
decision on the written rulemaking
record.
XII. Proposed Rule Language
List of Subjects in 16 CFR Part 305
Advertising, Energy conservation,
Household appliances, Labeling,
Reporting and recordkeeping
requirements.
For the reasons set out above, the
Commission proposes the following
amendments to 16 CFR Part 305:
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’’)
1. The authority citation for part 305
continues to read as follows:
Authority: 42 U.S.C. 6294.
2. In § 305.12, revise paragraphs (c),
(d), and (e), redesignate paragraphs (f)
and (g) as paragraphs (h) and (i)
respectively, add new paragraphs (f) and
(g), and revise redesignated paragraphs
(h)(8)(iii) and (i)(9)(iii) to read as
follows:
§ 305.12 Labeling for central air
conditioners, heat pumps, and furnaces.
*
*
*
*
*
(c) Colors. The basic colors of all
labels covered by this section shall be
process yellow or equivalent and
process black unless otherwise
indicated in this part. The label shall be
printed full bleed process yellow. All
type and graphics shall be print process
black unless otherwise stated.
(d) Label Type. The labels must be
affixed in the form of an adhesive label.
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All adhesive labels should be applied so
they can be easily removed without the
use of tools or liquids, other than water,
but should be applied with an adhesive
with an adhesion capacity sufficient to
prevent their dislodgment during
normal handling throughout the chain
of distribution to the retailer or
consumer. The paper stock for pressuresensitive or other adhesive labels shall
have a basic weight of not less than 58
pounds per 500 sheets (25″ x 38″) or
equivalent, exclusive of the release liner
and adhesive. A minimum peel
adhesion capacity for the adhesive of 12
ounces per square inch is suggested, but
not required if the adhesive can
otherwise meet the above standard.
(e) Placement.
(1) Manufacturers shall affix adhesive
labels to the covered products in such
a position that it is easily read by a
person examining the product. The label
should be generally located on the
upper-right-front corner of the product’s
front exterior. However, some other
prominent location may be used as long
as the label will not become dislodged
during normal handling throughout the
chain of distribution to the retailer or
consumer. The top of the label should
not exceed 74 inches from the base of
taller products. The label can be
displayed in the form of a flap tag
adhered to the top of the appliance and
bent (folded at 90°) to hang over the
front, as long as this can be done with
assurance that it will be readily visible.
Labels for split system central air
conditioners shall be affixed to the
condensing unit.
(2) In addition to the requirements of
paragraph (1), for split-system and
single-package central air conditioners
manufactured on or after January 1,
2015, and all non-weatherized and
mobile home furnaces, manufacturers
shall affix adhesive labels to covered
product packages in such a position
easily read by a person examining the
product. Labels for split-system central
air conditioners shall be affixed to the
condensing unit’s package.
(f) Content of labels for nonweatherized, mobile home, and electric
furnaces and boilers manufactured after
May 1, 2013, and all furnaces and
boilers manufactured after January 1,
2015.
(1) Headlines and texts, as illustrated
in the prototype and sample labels in
appendix L to this part.
(2) Name of manufacturer or private
labeler shall, in the case of a
corporation, be deemed to be satisfied
only by the actual corporate name,
which may be preceded or followed by
the name of the particular division of
the corporation. In the case of an
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individual, partnership, or association,
the name under which the business is
conducted shall be used.
(3) The model’s basic model number.
(4) The model’s capacity as illustrated
in the prototype and sample labels in
appendix L to this part.
(5) The annual fuel utilization
efficiency (AFUE) for furnace models as
determined in accordance with § 305.5.
(6) Ranges of comparability consisting
of the lowest and highest annual fuel
utilization efficiencies (AFUE) ratings
for all furnaces of the model’s type
consistent with sample label 9A in
appendix L.
(7) Placement of the labeled product
on the scale shall be proportionate to
the lowest and highest annual fuel
utilization efficiency ratings forming the
scale.
(8) The following statement shall
appear in bold print on furnace labels
beneath the range(s) as illustrated in the
sample labels in appendix L:
For energy cost info, visit ftc.gov/
energy.
(9) For non-weatherized gas furnaces
and mobile home gas furnaces with an
AFUE of 90 or greater, the label must
contain the following regional standards
information consistent with sample
label 9A in appendix L to this part:
Notice Federal law allows this unit to
be installed in all U.S. states and
territories.
(10) For non-weatherized and mobile
home gas furnaces with an AFUE lower
than 90, the label shall contain the
following regional standards
information consistent with sample
label 9A in appendix L to this part:
(i) A statement that reads:
Notice Federal law allows this unit to
be installed only in: AL, AZ, AR, CA,
DC, DE, FL, GA, HI, KY, LA, MD, MS,
NC, NM, NV, OK, SC, TN, TX, VA, and
U.S. territories.
Federal law prohibits installation of
this unit in other states.
(ii) A color map and accompanying
text as illustrated in sample label 9A in
appendix L. The map contains the
following colors: Green, CMKY value
34, 0, 55, 0; and Gray, CMKY value 0,
0, 0, 9.
(11) The following statement shall
appear at the top of the label as
illustrated in the sample labels in
appendix L:
Federal law prohibits removal of this
label before consumer purchase.
(12) No marks or information other
than that specified in this part shall
appear on or directly adjoining this
label except that:
(i) A part or publication number
identification may be included on this
label, as desired by the manufacturer. If
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a manufacturer elects to use a part or
publication number, it must appear in
the lower right-hand corner of the label
and be set in 6-point type or smaller.
(ii) The energy use disclosure labels
required by the governments of Canada
or Mexico may appear directly adjoining
this label, as desired by the
manufacturer.
(iii) The manufacturer may include
the ENERGY STAR logo on the label for
qualified products in a location
consistent with the sample labels in
appendix L. The logo must be no larger
than 1 inch by 3 inches in size. Only
manufacturers that have signed a
Memorandum of Understanding with
the Department of Energy or the
Environmental Protection Agency may
add the ENERGY STAR logo to labels on
qualifying covered products; such
manufacturers may add the ENERGY
STAR logo to labels only on those
covered products that are contemplated
by the Memorandum of Understanding.
(13) Manufacturers of boilers shipped
with more than one input nozzle to be
installed in the field must label such
boilers with the AFUE of the system
when it is set up with the nozzle that
results in the lowest AFUE rating.
(14) Manufacturers that ship out
boilers that may be set up as either
steam or hot water units must label the
boilers with the AFUE rating derived by
conducting the required test on the
boiler as a hot water unit.
(15) Manufacturers of oil furnaces
must label their products with the
AFUE rating associated with the
furnace’s input rate set by the
manufacturer at shipment. The oil
furnace label must contain a chart, as
illustrated in sample label 9B in
appendix L, indicating the efficiency
rating at additional input rates of
84,000, 105,000, 119,000, and 140,000
Btu/hr.
(g) Content of labels for central air
conditioners and heat pumps
manufactured on or after January 1,
2015.
(1) Headlines and texts, as illustrated
in the prototype and sample labels in
appendix L to this part.
(2) Name of manufacturer or private
labeler shall, in the case of a
corporation, be deemed to be satisfied
only by the actual corporate name,
which may be preceded or followed by
the name of the particular division of
the corporation. In the case of an
individual, partnership, or association,
the name under which the business is
conducted shall be used.
(3) The model’s basic model number.
(4) The model’s capacity as illustrated
in the prototype and sample labels in
appendix L to this part.
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33347
(5) The seasonal energy efficiency
ratio (SEER) for the cooling function of
central air conditioners as determined
in accordance with § 305.5. For the
heating function, the heating seasonal
performance factor (HSPF) shall be
calculated for heating Region IV for the
standardized design heating
requirement nearest the capacity
measured in the High Temperature Test
in accordance with § 305.5. In addition,
as illustrated in the sample labels 7A
and 8A in appendix L, the energy
efficiency ratings for any split-system
condenser-evaporator coil combinations
shall include the low and high ratings
of all condenser-evaporator coil
combinations certified to the
Department of Energy pursuant to 10
CFR Part 430.
(6)(i) Each cooling-only central air
conditioner label shall contain a range
of comparability consisting of the lowest
and highest SEER for all cooling only
central air conditioners consistent with
sample label 7A in appendix L to this
part.
(ii) Each heat pump label, except as
noted in paragraph (g)(6)(iii) of this
section, shall contain two ranges of
comparability. The first range shall
consist of the lowest and highest
seasonal energy efficiency ratios for the
cooling side of all heat pumps
consistent with sample label 7A in
appendix L to this part. The second
range shall consist of the lowest and
highest heating seasonal performance
factors for the heating side of all heat
pumps consistent with sample label 7A
in appendix L to this part.
(iii) Each heating-only heat pump
label shall contain a range of
comparability consisting of the lowest
and highest heating seasonal
performance factors for all heating-only
heat pumps following the format of
sample label 7A in appendix L to this
part.
(7) Placement of the labeled product
on the scale shall be proportionate to
the lowest and highest efficiency ratings
forming the scale.
(8) The following statement shall
appear on the label in bold print as
indicated in the sample labels in
appendix L.
For energy cost info, visit ftc.gov/
energy.
(9) All labels on split-system
condenser units must contain one of the
following three statements:
(i) For labels disclosing only the
seasonal energy efficiency ratio for
cooling, the statement should read:
This system’s efficiency rating
depends on the coil your contractor
installs with this unit. Ask for details.
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(ii) For labels disclosing both the
seasonal energy efficiency ratio for
cooling and the heating seasonal
performance factor for heating, the
statement should read:
This system’s efficiency ratings
depend on the coil your contractor
installs with this unit. The heating
efficiency rating will vary slightly in
different geographic regions. Ask for
details.
(iii) For labels disclosing only the
heating seasonal performance factor for
heating, the statement should read:
This system’s efficiency rating
depends on the coil your contractor
installs with this unit. The efficiency
rating will vary slightly in different
geographic regions. Ask for details.
(10) The following statement shall
appear at the top of the label as
illustrated in the sample labels in
appendix L:
Federal law prohibits removal of this
label before consumer purchase.
(11) For any single-package air
conditioner with a minimum Energy
Efficiency Ratio (EER) of 11.0, any splitsystem central air conditioner with a
rated minimum cooling capacity of
45,000 Btu/h and minimum efficiency
ratings of 14 SEER and 11.7 EER, and
any split-system central air conditioners
with a rated cooling capacity less than
45,000 Btu/h and minimum efficiency
ratings of 14 SEER and 12.2 EER, the
label must contain the following
regional standards information
consistent with sample label 7A in
appendix L to this part:
Notice Federal law allows this unit to
be installed in all U.S. states and
territories.
(12) For any split-system central air
conditioners with a rated minimum
cooling capacity of 45,000 Btu/h and
minimum efficiency ratings below 14
SEER or 11.7 EER, and any split-system
central air conditioner with a rated
cooling capacity less than 45,000 Btu/h
and a minimum efficiency rating below
14 SEER or 12.2 EER, the label must
contain the following regional standards
information consistent with sample
label 7A in appendix L to this part:
(i) A statement that reads:
The system you install must meet the
minimum Federal regional efficiency
standards.
See regulations.doe.gov/certification
for certified combinations.
(ii) A map and accompanying text as
illustrated in the sample label 9A in
appendix L. The map contains the
following colors: Blue, CMYK value 33,
7, 1, 0; Peach, CMKY value 11, 26, 51,
0; and Yellow, CMKY value 3, 0, 55, 0.
(iii) A statement that reads:
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Energy Efficiency Ratio (EER): The
installed system’s EER could range from
[ll] to [ll]., depending on the coil
installed with this unit.
(13) For any single-package air
conditioner with an EER below 11.0, the
label must contain the following
regional standards information
consistent with sample labels in
appendix L to this part:
(i) A statement that reads:
Notice Federal law allows this unit to
be installed only in: AK, AL, AR, CO,
CT, DC, DE, FL, GA, HI, ID, IL, IA, IN,
KS, KY, LA, ME, MD, MI, MN, MO, MS,
MT, NC, ND, NE, NH, NJ, NY, OH, OK,
OR, PA, RI, SC, SD, TN, TX, UT, VA,
VT, WA, WV, WI, WY and U.S.
territories.
Federal law prohibits installation of
this unit in other states.
(ii) A color map and accompanying
text as illustrated in the sample label in
appendix L. The map contains the
following colors: Green, CMKY value
34, 0, 55, 0; and Gray, CMKY value 0,
0, 0, 9.
(i) A statement that reads:
Energy Efficiency Ratio (EER): This
model’s EER is [ll].
(14) No marks or information other
than that specified in this part shall
appear on or directly adjoining this
label except that:
(i) A part or publication number
identification may be included on this
label, as desired by the manufacturer. If
a manufacturer elects to use a part or
publication number, it must appear in
the lower right-hand corner of the label
and be set in 6-point type or smaller.
(ii) The energy use disclosure labels
required by the governments of Canada
or Mexico may appear directly adjoining
this label, as desired by the
manufacturer.
(iii) The manufacturer may include
the ENERGY STAR logo on the label for
qualified products in a location
consistent with the sample labels in
appendix L. The logo must be no larger
than 1 inch by 3 inches in size. Only
manufacturers that have signed a
Memorandum of Understanding with
the Department of Energy or the
Environmental Protection Agency may
add the ENERGY STAR logo to labels on
qualifying covered products; such
manufacturers may add the ENERGY
STAR logo to labels only on those
covered products that are contemplated
by the Memorandum of Understanding.
(h) Content of label for weatherized
gas furnaces manufactured before
January 1, 2015.
*
*
*
*
*
(8) * * *
(iii) The manufacturer may include
the ENERGY STAR logo on the label for
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qualified products in a location
consistent with the sample labels in
appendix L. The logo must be 1 inch by
3 inches in size. Only manufacturers
that have signed a Memorandum of
Understanding with the Department of
Energy or the Environmental Protection
Agency may add the ENERGY STAR
logo to labels on qualifying covered
products; such manufacturers may add
the ENERGY STAR logo to labels only
on those covered products that are
contemplated by the Memorandum of
Understanding.
(i) Content of label for central air
conditioners and heat pumps
manufactured before January 1, 2015.
*
*
*
*
*
(9) * * *
(iii) The manufacturer may include
the ENERGY STAR logo on the label for
qualified products in a location
consistent with the sample labels in
appendix L. The logo must be no larger
than 1 inch by 3 inches in size. Only
manufacturers that have signed a
Memorandum of Understanding with
the Department of Energy or the
Environmental Protection Agency may
add the ENERGY STAR logo to labels on
qualifying covered products; such
manufacturers may add the ENERGY
STAR logo to labels only on those
covered products that are contemplated
by the Memorandum of Understanding.
3. Revise section 305.14 to read as
follows:
§ 305.14 Energy information disclosures
for heating and cooling equipment.
(a) Manufacturer Duty to Provide
Labels. For any covered central air
conditioner, heat pump, or furnace
model that a manufacturer distributes in
commerce, the manufacturer must make
a copy of the EnergyGuide label
available on a publicly accessible Web
site in a manner that allows catalog
sellers to hyperlink to the label or
download it for use in catalogs that
advertise such products. The labels
must remain on the Web site for two
years after the manufacturer ceases the
model’s production.
(b) Distribution. (1) Manufacturers
and private labelers must provide to
distributors and retailers, including
assemblers, EnergyGuide labels for the
central air conditioners, heat pumps,
and furnaces (including boilers) they
sell to them. The label may be provided
in paper or electronic form (including
Internet-based access). Distributors must
give this information to retailers,
including assemblers, they supply.
(2) Retailers, including assemblers,
who sell central air conditioners, heat
pumps, and furnaces (including boilers)
to consumers must make the
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EnergyGuide labels for the models they
sell available to customers prior to
purchase, in any manner, as long as
customers are likely to notice them. For
example, they may be available in a
display, where customers can take
copies of them. They may be kept in a
binder or made available electronically
at a counter or service desk, with a sign
telling customers where the required
information is.
(3) Retailers, including installers, who
negotiate or make sales at a place other
than their regular places of business
must show the labels to their customers
and let them read the labels before the
customers agree to purchase the
product. If the labels are on a Web site,
retailers, including assemblers, who
negotiate or make sales at a place other
than their regular places of business,
may choose to provide customers with
instructions to access such labels in lieu
of showing them a paper version of the
information. Retailers who choose to
use the Internet for the required label
disclosures must provide customers the
opportunity to read such information
prior to sale of the product.
(c) Oil Furnace Labels. If an installer
installs an oil furnace with an input rate
different from that set by the
manufacturer and identified on the
label, the installer must permanently
mark the appropriate box on the
EnergyGuide label displaying the
installed input rate and the associated
AFUE.
4. In section 305.20, revise paragraphs
(a) and (b), and add paragraph (c) to
read as follows:
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§ 305.20
Paper catalogs and Web sites.
(a) Covered products offered for sale
on the Internet. Any manufacturer,
distributor, retailer, or private labeler
who advertises a covered product on an
Internet Web site in a manner that
qualifies as a catalog under this Part
shall disclose energy information as
follows:
(1) Content.
(i) Products required to bear
EnergyGuide or Lighting Facts labels.
All Web sites advertising covered
refrigerators, refrigerator-freezers,
freezers, room air conditioners, clothes
washers, dishwashers, ceiling fans, pool
heaters, central air conditioners, heat
pumps, furnaces, general service lamps,
and televisions must display, for each
model, an image of the label required for
that product by this Part. The Web site
may hyperlink to the image of the label
using the icon depicted in appendix L.
(ii) Products not required to bear
EnergyGuide or Lighting Facts labels.
All Web sites advertising covered
showerheads, faucets, water closets,
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urinals, general service fluorescent
lamps, fluorescent lamp ballasts, and
metal halide lamp fixtures must include
the following disclosures for each
covered product:
(A) Showerheads, faucets, water
closets, and urinals. The product’s water
use, expressed in gallons and liters per
minute (gpm and L/min) or per cycle
(gpc and L/cycle) or gallons and liters
per flush (gpf and Lpf) as specified in
§ 305.16.
(B) General service fluorescent lamps,
fluorescent lamp ballasts and luminaires
and metal halide lamp fixtures. A
capital letter ‘‘E’’ printed within a circle.
(2) Format. The required Web site
disclosures, whether label image, icon,
or text, must appear clearly and
conspicuously and in close proximity to
the covered product’s price on each
Web page that contains a detailed
description of the covered product and
its price. The label and hyperlink icon
must conform to the prototypes in
appendix L, but may be altered in size
to accommodate the Web page’s design,
as long as they remain clear and
conspicuous to consumers viewing the
page.
(b) Covered products offered for sale
in paper catalogs. Any manufacturer,
distributor, retailer, or private labeler
that advertises a covered product in a
paper publication that qualifies as a
catalog under this part shall disclose
energy information as follows:
(1) Content.
(i) Products required to bear
EnergyGuide or Lighting Facts labels.
All paper catalogs advertising covered
products required by this Part to bear
EnergyGuide or Lighting Facts labels
illustrated in appendix L (refrigerators,
refrigerator-freezers, freezers, room air
conditioners, clothes washers,
dishwashers, ceiling fans, pool heaters,
central air conditioners, heat pumps,
furnaces, general service lamps, and
televisions) must either display an
image of the full label prepared in
accordance with this Part, or make a text
disclosure as follows:
(A) Refrigerator, refrigerator-freezer,
and freezer. The capacity of the model
determined in accordance with § 305.7,
the estimated annual operating cost
determined in accordance with § 305.5
and appendix K of this Part, and a
disclosure stating ‘‘Your energy cost
depends on your utility rates and use.
The estimated cost is based on [$__] per
kWh. For more information, visit
www.ftc.gov/energy.’’
(B) Room air conditioners and water
heaters. The capacity of the model
determined in accordance with § 305.7,
the estimated annual operating cost
determined in accordance with § 305.5
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33349
and appendix K of this Part, and a
disclosure stating ‘‘Your operating costs
will depend on your utility rates and
use. The estimated operating cost is
based on a national average [electricity,
natural gas, propane, or oil] cost of [$__
per kWh, therm, or gallon]. For more
information, visit www.ftc.gov/energy.’’
(C) Clothes washers and dishwashers.
The capacity of the model determined
in accordance with § 305.7 and the
estimated annual operating cost
determined in accordance with § 305.5
and appendix K, and a disclosure
stating ‘‘Your energy cost depends on
your utility rates and use. The estimated
cost is based on [4 washloads a week for
dishwashers, or 8 washloads a week for
clothes washers] and [__] cents per kWh
for electricity and $__ per therm for
natural gas. For more information, visit
www.ftc.gov/energy.’’
(D) General service fluorescent lamps
or general service lamps. All the
information concerning that lamp
required by § 305.15 of this part to be
disclosed on the lamp’s package, and a
disclosure stating ‘‘Your energy cost
depends on your utility rates and use.
The estimated cost and life is based on
11 cents per kWh and 3 hours of use per
day. For more information, visit
www.ftc.gov/energy.’’ For the ‘‘Light
Appearance’’ disclosure required by
§ 305.15(b)(3)(iv), the catalog need only
disclose the lamp’s correlated color
temperature in Kelvin (e.g., 2700 K).
General service fluorescent lamps or
incandescent reflector lamps must also
include a capital letter ‘‘E’’ printed
within a circle and the statement
described in § 305.15(d)(1).
(E) Ceiling fans. All the information
required by § 305.13.
(F) Televisions. The estimated annual
operating cost determined in accordance
with § 305.5 and a disclosure stating
‘‘Your energy cost depends on your
utility rates and use. The estimated cost
is based on [__] cents per kWh and
5 hours of use per day. For more
information, visit www.ftc.gov/energy.’’
(G) Furnaces, Central Air
Conditioners, and Heat Pumps: The
model’s efficiency rating or ratings as
disclosed on the label and a disclosure
stating ‘‘For more information, visit
www.ftc.gov/energy.’’ For split-system
units, a disclosure stating ‘‘This
system’s efficiency rating depends on
the coil installed with this unit.’’ For
central air conditioners manufactured
on or after January 1, 2015, the catalog
must provide, in at least one location,
the disclosures and graphics required by
section 305.12(g)(11)&(12). For nonweatherized, mobile home, and electric
furnaces and boilers manufactured after
May 1, 2013, and all furnaces and
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boilers manufactured after January 1,
2015, the catalog must disclose, in a
clear and conspicuous fashion, the
states in which specific models may be
installed as indicated on the product’s
label prepared by the manufacturer
pursuant to § 305.12.
(ii) Products not required to bear
EnergyGuide or Lighting Facts labels.
All paper catalogs advertising covered
products not required by this Part to
bear labels with specific design
characteristics illustrated in appendix L
(showerheads, faucets, water closets,
urinals, fluorescent lamp ballasts, and
metal halide lamp fixtures) must make
a text disclosure for each covered
product identical to those required for
Internet disclosures under
§ 305.20(a)(1)(iii).
(2) Format. Unless otherwise
indicated in this section, the required
disclosures, whether text, label image,
or icon, must appear clearly and
conspicuously on each page that
contains a detailed description of the
covered product and its price. If a
catalog displays an image of the full
label, the size of the label may be altered
to accommodate the catalog’s design, as
long as the label remains clear and
conspicuous to consumers. For text
disclosures made pursuant to
§ 305.20(b)(1)(i) and (ii), the required
disclosure may be displayed once per
page per type of product if the catalog
offers multiple covered products of the
same type on a page, as long as the
disclosure remains clear and
conspicuous.
(c) For split-system and singlepackage central air conditioners offered
for sale after January 1, 2015, and any
non-weatherized or mobile home
furnace, the catalog (Web site or paper
catalog) must contain the following
statement conspicuously placed on the
product page in close proximity to the
link to the product’s EnergyGuide label:
Federal law prohibits the installation
of some [central air conditioners or
furnaces] in certain states. Look to the
EnergyGuide label to determine whether
this product can be installed in your
location.
*
*
*
*
*
5. Revise Appendices G1, G2, G3, G4,
G5, G6, G7, and G8 and add Appendices
G9 and G10 to read as follows:
APPENDIX G1 TO PART 305—FURNACES—NON-WEATHERIZED GAS
Range of annual fuel utilization
efficiencies (AFUEs)
Manufacturer’s rated heating capacities (Btu/h)
Low
All Capacities ...........................................................................................................................................................
High
80.0
98.5
APPENDIX G2 TO PART 305—FURNACES—WEATHERIZED GAS
Range of annual fuel utilization
efficiencies (AFUEs)
Manufacturer’s rated heating capacities (Btu/h)
Low
All Capacities ...........................................................................................................................................................
High
78.0
96.6
APPENDIX G3 TO PART 305—FURNACES—ELECTRIC
Range of annual fuel utilization
efficiencies (AFUEs)
Manufacturer’s rated heating capacities (Btu/h)
Low
All Capacities ...........................................................................................................................................................
High
100
100
APPENDIX G4 TO PART 305—FURNACES—NON-WEATHERIZED OIL
Range of annual fuel utilization
efficiencies (AFUEs)
Manufacturer’s rated heating capacities (Btu/h)
Low
All Capacities ...........................................................................................................................................................
High
83.0
95.4
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APPENDIX G5 TO PART 305—FURNACES—WEATHERIZED OIL
Range of annual fuel utilization
efficiencies (AFUEs)
Manufacturer’s rated heating capacities (Btu/h)
Low
All Capacities ...........................................................................................................................................................
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78.0
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APPENDIX G6 TO PART 305—MOBILE HOME FURNACES—GAS
Range of annual fuel utilization
efficiencies (AFUEs)
Manufacturer’s rated heating capacities (Btu/h)
Low
All Capacities ...........................................................................................................................................................
High
80.0
96.5
APPENDIX G7 TO PART 305—MOBILE HOME FURNACES—OIL
Range of annual fuel utilization
efficiencies (AFUEs)
Manufacturer’s rated heating capacities (Btu/h)
Low
All Capacities ...........................................................................................................................................................
High
75.0
86.6
APPENDIX G8 TO PART 305—BOILERS (GAS)
Range of annual fuel utilization
efficiencies (AFUEs)
Manufacturer’s rated heating capacities (Btu/h)
Low
All Capacities ...........................................................................................................................................................
High
78.0
98.0
APPENDIX G9 TO PART 305—BOILERS (OIL)
Range of annual fuel utilization
efficiencies (AFUEs)
Manufacturer’s rated heating capacities (Btu/h)
Low
All Capacities ...........................................................................................................................................................
High
80.0
96.0
APPENDIX G10 TO PART 305—BOILERS (ELECTRIC)
Range of annual fuel utilization
efficiencies (AFUEs)
Manufacturer’s rated heating capacities (Btu/h)
Low
All Capacities ...........................................................................................................................................................
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6. In Appendix L, Sample Label 7 is
revised, Sample Label 7A is added,
Sample Label 8 is revised, Sample Label
8A is added, Sample Label 9 is revised,
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and Sample Labels 9A and 9B are added
to read as follows:
*
*
*
*
*
BILLING CODE 6750–01–P
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100
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EP06JN12.003
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33358
33359
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2012–13626 Filed 6–5–12; 8:45 am]
BILLING CODE 6750–01–C
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Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Proposed Rules
Agencies
[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Proposed Rules]
[Pages 33337-33359]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13626]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 305
[RIN 3084-AB03]
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 (FTC or Commission).
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Commission seeks comment on proposed disclosures to help
consumers, distributors, contractors, and installers easily determine
whether a specific furnace or central air conditioner meets applicable
Department of Energy regional efficiency standards.
DATES: Comments must be received by August 6, 2012.
ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Request for Comment part of the
[[Page 33338]]
SUPPLEMENTARY INFORMATION section below. Write ``Regional Labeling for
Heating and Cooling Equipment--Proposed Rule (16 CFR Part 305) (Project
No. P114202)'' on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/proposedregionaldisclosuresnprm, by
following the instructions on the web-based form. If you prefer to file
your comment on paper, mail or deliver your comment to the following
address: Federal Trade Commission, Office of the Secretary, Room H-113
(Annex C), 600 Pennsylvania Avenue NW., Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Hampton Newsome, Attorney, (202) 326-
2889, Division of Enforcement, Federal Trade Commission, 600
Pennsylvania Avenue NW., Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Commission seeks comment on proposed labeling requirements for
residential furnaces, central air conditioners, and heat pumps to help
consumers and industry members install products that comply with
Department of Energy (DOE) efficiency standards.
II. Background
The Commission's Appliance Labeling Rule (``Rule''), issued
pursuant to the Energy Policy and Conservation Act (EPCA),\1\ requires
energy labeling for major household appliances and other consumer
products to help consumers compare competing models.\2\ When first
published in 1979,\3\ the Rule applied to eight appliance categories:
refrigerators, refrigerator-freezers, freezers, dishwashers, water
heaters, clothes washers, room air conditioners, and furnaces. The
Commission has since expanded the Rule's coverage to include central
air conditioners, heat pumps, plumbing products, lighting products,
ceiling fans, certain types of water heaters, and televisions.\4\
---------------------------------------------------------------------------
\1\ 42 U.S.C. 6291 et seq.
\2\ More information about the Rule can be found at: https://www.ftc.gov/appliances.
\3\ 44 FR 66466 (Nov. 19, 1979).
\4\ See 52 FR 46888 (Dec. 10, 1987) (central air conditioners
and heat pumps); 54 FR 28031 (Jul. 5, 1989) (fluorescent lamp
ballasts); 58 FR 54955 (Oct. 25, 1993) (certain plumbing products);
59 FR 25176 (May 13, 1994) (lighting products); 59 FR 49556 (Sep.
28, 1994) (pool heaters); 71 FR 78057 (Dec. 26, 2006) (ceiling
fans); and 76 FR 1038 (Jan. 6, 2011) (televisions).
---------------------------------------------------------------------------
The Rule requires manufacturers to attach yellow EnergyGuide labels
to all covered furnaces, central air conditioners, and heat pumps.\5\
It also prohibits retailers from removing these labels or rendering
them illegible.\6\ In addition, retailers must post label information
on Web sites and in paper catalogs from which consumers can order these
products.\7\ Manufacturers must provide distributors and installers
with energy information about their furnaces, central air conditioners,
and heat pumps in paper or electronic form (including internet-based
access). In turn, retailers, including installers, must show this
information to their customers and let them read the information before
purchase.\8\
---------------------------------------------------------------------------
\5\ See 42 U.S.C. 6302(a)(1) and 16 CFR 305.4(a)(1).
\6\ See 42 U.S.C. 6302(a)(2) and 16 CFR 305.4(a)(2).
\7\ See 42 U.S.C. 6296(a) and 16 CFR 305.20.
\8\ 16 CFR 305.14.
---------------------------------------------------------------------------
The EnergyGuide labels for heating and cooling equipment contain
two key disclosures: (1) The product's efficiency rating, and (2) a
comparability range showing the highest and lowest ratings for all
similar models.\9\ The Rule also specifies the label's format. For
example, the label must be yellow and feature the EnergyGuide headline
in a specific format and type. Additionally, manufacturers cannot place
any information on the label other than that specifically allowed by
the Rule.
---------------------------------------------------------------------------
\9\ 16 CFR 305.13.
---------------------------------------------------------------------------
III. DOE Regional Standards for Heating and Cooling Equipment
On October 25, 2011,\10\ DOE announced new efficiency standards for
residential furnaces, central air conditioners, and heat pumps as
directed by the Energy Independence and Security Act of 2007
(EISA).\11\ Unlike existing DOE standards, which impose uniform,
national efficiency levels, the new standards vary by region for
certain products.\12\ As detailed in Tables 1 and 2, the DOE rules
impose regional efficiency standards for four product categories:
split-system air conditioners, single-package air conditioners, non-
weatherized gas furnaces, and mobile home gas furnaces. For all other
covered heating and cooling equipment, the new standards are nationally
uniform. The new DOE requirements will become effective on two dates:
May 1, 2013, for non-weatherized gas furnaces, mobile home gas
furnaces, and non-weatherized oil furnaces; and January 1, 2015, for
weatherized gas furnaces and all central air conditioners and heat
pumps.
---------------------------------------------------------------------------
\10\ 76 FR 67037 (Oct. 31, 2011). See also, 76 FR 37408 (June
27, 2011).
\11\ Pub. L. 110-140; 42 U.S.C. 6295(o)(6). EISA amended EPCA to
authorize separate regional standards for these products.
\12\ 42 U.S.C. 6295(o)(6)(B). The DOE standards apply to three
regions: the North, Southeast, and Southwest. For furnaces, the
standards are the same for the Southeastern and Southwestern
regions. The Northern region encompasses Alaska, Colorado,
Connecticut, Idaho, Illinois, Indiana, Iowa, Kansas, Maine,
Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New
Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon,
Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Washington,
West Virginia, Wisconsin, and Wyoming. The Southeastern region
encompasses Alabama, Arkansas, Delaware, Florida, Georgia, Hawaii,
Kentucky, Louisiana, Maryland, Mississippi, North Carolina,
Oklahoma, South Carolina, Tennessee, Texas, Virginia, the District
of Columbia, and U.S. territories. The Southwest includes Arizona,
California, New Mexico, and Nevada. 76 FR 37422.
---------------------------------------------------------------------------
To promote compliance with these new standards, EISA also directs
DOE to develop an enforcement plan to specify the responsibilities of
installers, distributors, and manufacturers in meeting the new
standards and making required disclosures.\13\ DOE must complete this
plan within 15 months after issuance of the final efficiency standards.
To augment DOE's enforcement efforts, EISA gives states authority to
enforce the regional standards in Federal court.\14\
---------------------------------------------------------------------------
\13\ 42 U.S.C. 6295(o)(6)(G).
\14\ Id.
---------------------------------------------------------------------------
IV. EISA's Mandate for New FTC Disclosures Related to Regional
Standards
EISA directs the FTC to develop new disclosures for heating and
cooling equipment. Specifically, the law requires the Commission to
``determine the appropriate 1 or more methods for disclosing
information so that consumers, distributors, contractors, and
installers can easily determine whether a specific piece of equipment
that is installed in a specific building is in conformance with the
regional standard that applies to the building.'' \15\ The statute also
authorizes the Commission to modify the EnergyGuide label or develop
other disclosure ``methods that make it easy for consumers and
installers to use and understand at the point of installation.'' \16\
Consistent with the timing for DOE's enforcement plan, EISA directs the
Commission to complete this effort 15 months after DOE issues the
regional standards.
---------------------------------------------------------------------------
\15\ 42 U.S.C. 6295(o)(6)(H).
\16\ Id.
---------------------------------------------------------------------------
V. FTC Advance Notice of Proposed Rulemaking
In response to EISA's mandate, the Commission published an Advance
Notice of Proposed Rulemaking (ANPR) on November 28, 2011, seeking
comments on the development of new disclosures related to the regional
standards.\17\ The ANPR invited comment to help consumers,
[[Page 33339]]
distributors, contractors, and installers easily determine whether a
specific furnace, central air conditioner, or heat pump meets the
applicable standard for their region. It also sought input on the
content, location, and format of such disclosures. To facilitate this
process, FTC and DOE staff held a joint public meeting on December 16,
2011.
---------------------------------------------------------------------------
\17\ 76 FR 72872 (Nov. 28, 2011).
---------------------------------------------------------------------------
VI. Public Comments
The Commission received four written comments in response to its
ANPR.\18\ In general, the comments recommended EnergyGuide label
changes to inform industry members and consumers about regional
standards for heating and cooling equipment. In addition, one commenter
provided suggestions for the label's location on products, packaging,
and Web sites. That commenter also addressed the time needed to comply
with the new requirements. Finally, the comments suggested specific
changes for oil furnace labels related to input rates set by
installers.
---------------------------------------------------------------------------
\18\ Air Conditioning Contractors of America (ACCA) (
00005); Air-Conditioning, Heating, and Refrigeration Institute
(AHRI) ( 00003); Natural Resources Defense Council (NRDC)
and other Organizations ( 00004) (the other organizations
include Alliance to Save Energy, American Council for an Energy-
Efficient Economy, Appliance Standards Awareness Project, Consumer
Federation of America, Earthjustice, National Consumer Law Center,
Natural Resources Defense Council, Northeast Energy Efficiency
Partnerships, Northwest Energy Efficiency Alliance, Northwest Power
and Conservation Council); and Torres, Michelle ( 00002).
The comments are available at: https://www.ftc.gov/os/comments/regionaldisclosuresanpr/index.shtm.
---------------------------------------------------------------------------
A. Recommended Label Content
The comments recommended several label changes to help industry
members and consumers understand applicable regional efficiency
standards. These suggestions included a U.S. map and a list of states
to identify applicable regions, specific disclosures for central air
conditioners and furnaces, links to product databases, and efficiency
range updates.
U.S. Map on Label: Manufacturers, installers, and energy efficiency
groups urged the Commission to include a U.S. map on the label
depicting the applicable regional efficiency standards for specific
product types. According to Air-Conditioning, Heating, and
Refrigeration Institute (AHRI), such a map will allow manufacturers to
inform distributors, installers, and consumers about the regional
requirements. To augment the map, Natural Resources Defense Council
(NRDC) recommended a list of states where the product can be legally
installed and a warning that federal law prohibits installation in any
other state. NRDC also recommended maps for all models subject to
regional standards (e.g., all non-weatherized gas furnaces regardless
of efficiency). In its view, such an approach would avoid consumer
confusion in comparing labels for different models. For models that
comply with all applicable standards (e.g., a 90 AFUE furnace), NRDC
also recommended that the label state: ``Federal Law allows
installation of this unit in any U.S. state.'' Finally, the Air
Conditioning Contractors of America (ACCA) urged the Commission to
spell state names on the label and not use state abbreviations.
Split-System Central Air Conditioners: The comments also provided
specific recommendations for split-system central air conditioners.
These systems consist of two separate pieces of equipment: an outdoor
condenser and an indoor coil. During the installation process,
installers match a condenser with a coil to form the entire air
conditioning system. The final efficiency rating for these systems
varies depending on the installed condenser-coil combination. Under the
current Rule, EnergyGuide labels appear on the condenser unit and
disclose the efficiency rating of that unit when matched with the
typical coil (i.e., the condenser-coil combination with the highest
sales volume). The applicable regional standards for these products
involve three different geographic regions and two different efficiency
ratings (Seasonal Energy Efficiency Ratio (``SEER'') and Energy
Efficiency Ratio (``EER'')).\19\
---------------------------------------------------------------------------
\19\ As explained in NRDC's comments, EER is ``a measure of
energy efficiency for central air conditioners at specific operating
conditions''; and SEER is a ``a measure of energy efficiency for
central air conditioners that estimates energy performance over a
typical cooling season.''
---------------------------------------------------------------------------
For these systems, AHRI recommended using a general U.S. map
identifying the three regions covered by the standards and a table
listing the applicable standards by region.\20\ NRDC advocated a
product-specific map depicting the states in which the model may be
legally installed. AHRI also suggested a disclosure to help installers
and consumers understand that a system's efficiency depends on the
installed condenser-coil combination. Specifically, AHRI recommended
that the label disclose the high and low efficiency values associated
with the different coils certified to match the labeled condenser
(e.g., 13.5-14.4 SEER). In addition, AHRI suggested a statement
explaining that the system's overall efficiency rating will depend on
the condenser-coil combination.
---------------------------------------------------------------------------
\20\ For single-package air conditioners, which do not have
separate condenser-coil combinations, the new standards set a
minimum EER rating in the Southwest region. To help installers
comply with these standards, AHRI recommended a map on labels for
single-package air conditioner labels to communicate the minimum EER
standard for those products in the Southwest region.
---------------------------------------------------------------------------
The comments also recommended that the air conditioner label
include information to help consumers and installers understand the
product's Energy Efficiency Ratio (EER), an efficiency rating different
from SEER. Unlike SEER, which reflects the model's efficiency over a
typical cooling season, EER measures efficiency under specific
operating conditions. Although SEER is the primary efficiency rating
for these products, EER is necessary for determining an air
conditioner's compliance with the new DOE standards in the southwest
region. NRDC argued that the label should include definitions of both
EER and SEER. In addition, AHRI advocated a separate comparability
range for EER on the label. NRDC did not believe that this was
necessary.
Furnaces: The comments made specific recommendations for non-
weatherized and mobile gas furnaces, which are both subject to the
regional standards. These standards prohibit the installation of
furnaces rated lower than 90 AFUE in northern states.\21\ In AHRI's
view, labels for these lower-efficiency furnaces should include a map
identifying the states where those models can be legally installed.
AHRI also suggested that the Commission consult the furnace map used on
the Energy Star logo, which appears on the label for qualified
products. This logo includes a U.S. map displaying the states in which
certain furnaces qualify for the Energy Star program.\22\ NRDC agreed
but urged the Commission to avoid confusion that might arise with the
appearance of two maps on the label.
---------------------------------------------------------------------------
\21\ ``Annual Fuel Utilization Efficiency'' (AFUE) is the
efficiency rating for these products.
\22\ Energy Star is a program administered by the Environmental
Protection Agency (EPA) which identifies high efficiency products
for consumers. See www.energystar.gov.
---------------------------------------------------------------------------
Product Databases: AHRI recommended that all labels contain a
reference to the AHRI directory (www.ahridirectory.org), which lists
models certified by that organization. In its view, the directory will
help ensure contractors select appropriate products for their location
and consumers receive products that comply with the regional standards.
AHRI also urged the Commission to allow installers to use the directory
in complying with their point of sale disclosure requirements.
[[Page 33340]]
Efficiency Ranges: Both AHRI and NRDC recommended amendments to the
comparability ranges displayed on the EnergyGuide labels for heating
and cooling equipment. These ranges disclose the most and least
efficient product ratings on the market. Specifically, AHRI urged the
Commission to update these efficiency ranges to reflect the new energy
conservation standards. NRDC also suggested that the thresholds for the
regional standards should appear on the label's range. For furnace
labels, it recommended a vertical arrow on the range accompanied by the
statement ``Federal law requires furnaces installed in northern states
to meet a minimum AFUE of 90,'' or, alternatively, the phrase
``Installation legal in Southern states only'' placed on the range
between 80 and 90 AFUE. For central air conditioners, NRDC recommended
a hash mark or shaded region on the SEER range to communicate the
regional standard for those products.
B. Location and Format for Disclosures
The comments also offered some suggestions for the label's location
and format. NRDC provided three specific suggestions for the label's
placement and format. First, it recommended a permanent version of the
EnergyGuide label on products to aid enforcement and voluntary
compliance by consumers and other market participants. In its view, a
permanent label would reveal non-compliance for real estate
transactions and energy ratings. Second, NRDC argued that the product
package should display the label to aid official enforcement efforts
and help distributors, installers, and consumers avoid costly shipping
and installation mistakes. According to NRDC, the package label could
also display a Quick Response (QR) scan code so that consumers can
access additional product information online.\23\ Finally, NRDC argued
that the required disclosures should appear online in official product
descriptions and advertisements because online dealers currently offer
heating and cooling equipment directly to consumers. In its view, such
disclosures should include an EnergyGuide icon and a link to the
EnergyGuide label and any other relevant product information to help
consumers who research equipment online. Additionally, NRDC proposed
that Web sites selling such equipment should provide regional standards
information on the product information page, without requiring
consumers to open a link to the EnergyGuide label. It recommended that
the FTC look to the recent television labeling requirements as guidance
for the EnergyGuide label's placement. Among other things, these new
rules require online sellers to use an FTC-provided EnergyGuide icon so
that consumers can view the required labels.\24\
---------------------------------------------------------------------------
\23\ Currently, the Environmental Protection Agency requires QR
codes on fuel economy labels for vehicles. These codes link consumer
to detailed information for individual models at
www.fueleconomy.gov. See 40 CFR 600.302-12(b)(6).
\24\ See 76 FR 1038 (Jan. 11, 2011).
---------------------------------------------------------------------------
Finally, AHRI explained that focus on EnergyGuide label revisions
alone should be sufficient to meet FTC and DOE objectives and cautioned
that additional requirements would increase regulatory burden without
consumer benefit. Similarly, ACCA stated that labeling changes, along
with the current contractor disclosures, should meet the Commission's
objectives.\25\
---------------------------------------------------------------------------
\25\ ACCA also urged FTC, in coordination with DOE, to create
print and broadcast public service announcements, promotional
materials with the DOE or FTC logo, and other information to inform
consumers and contractors of the pending standard changes.
---------------------------------------------------------------------------
C. Timing of New Labels
NRDC encouraged the FTC to establish compliance deadlines of May 1,
2013 for non-weatherized gas, oil-fired, and mobile home gas furnaces,
and January 1, 2015 for weatherized furnaces and central air
conditioners and heat pumps. These dates coincide with the
implementation of the relevant regional efficiency standards, and, in
NRDC's view, will ensure that products manufactured on these dates and
thereafter comply with the disclosure requirements.
D. Oil Furnace Labels
On an issue unrelated to the regional standards, AHRI urged the FTC
to modify the EnergyGuide label for oil furnaces.\26\ The installed
efficiency rating of these products depends on input rates set by
installers in the consumer's home. Thus, the efficiency rating on the
label may not match the rating of the installed unit. To address this
issue, AHRI recommended the Commission require a label listing the
efficiency ratings associated with four different input rates set in
the field. Under AHRI's proposal, installers would mark the label to
indicate the product's efficiency rating as installed.
---------------------------------------------------------------------------
\26\ The efficiency standards for oil furnaces are the same
across the country.
---------------------------------------------------------------------------
VII. Proposed Disclosures for Heating and Cooling
After reviewing the comments, the Commission proposes amending the
EnergyGuide label content for heating and cooling equipment. The
Commission also proposes to expand the label's availability by
requiring it on manufacturer Web sites, on product packaging, and at
the point of sale. These changes should help industry members comply
with the regional standards and aid consumers in their purchasing
decisions for these products. The labels' proposed new content
discloses efficiency ratings in a simple format and provides regional
information to help installers comply with the law. Tables 1 and 2
summarize the content of the proposed labels by product category. In
addition, the proposal directs contractors to make the labels available
to consumers prior to purchase. These changes should help industry
members and consumers easily use and understand the labels. The
proposed amendments also change the oil furnace labels in response to
AHRI's suggestion. Finally, the proposed effective dates for the new
labels coincide with the DOE compliance dates for the various product
categories.
A. Label Revisions
Consistent with commenter suggestions, the Commission proposes
changing the EnergyGuide label content to inform industry members and
consumers about regional standards and otherwise improve the label. The
proposed label contains two parts: a revised upper portion designed
primarily for consumers and a lower portion to help installers comply
with the regional standards. The upper portion, which resembles the
current EnergyGuide, will appear on labels for all heating and cooling
products, whether or not they are subject to different regional
standards.\27\ The lower portion contains maps, tables, and other
information designed to help installers comply with the regional
standards and will appear only on products subject to regional
standards (i.e., split-system air conditioners, single-package air
conditioners, and non-weatherized and mobile home gas furnaces).
---------------------------------------------------------------------------
\27\ These products include boilers, which fall under the
definition of ``furnace'' in the Rule. 16 CFR 305.3(g).
---------------------------------------------------------------------------
Upper Portion: The upper portion, which closely resembles the
current label, discloses the product's efficiency rating, a range of
efficiency ratings for similar products, and a link to an online energy
cost calculator. It bears the simple title ``Efficiency Rating''
followed by a technical acronym for the rating applicable to that
product (e.g., SEER or AFUE). The Commission
[[Page 33341]]
proposes to use ``efficiency rating'' because the technical terms alone
(e.g., SEER) are likely to be unfamiliar to most consumers.
Nevertheless, the acronyms for those technical terms appear in smaller
type elsewhere on the label to identify the type of rating disclosed
(e.g., SEER, AFUE, or EER).
In addition to the product's efficiency rating, the upper portion
displays a range of ratings for similar models to help consumers
compare competing products.\28\ Consistent with the comments and the
current Rule's requirements, the Commission proposes to update existing
comparability ranges for all heating and cooling equipment.\29\
Following NRDC's comment, the Commission proposes requiring new ranges
beginning May 1, 2013, to coincide with the new efficiency standards
applicable to most products.\30\ However, for products subject to
standards effective on January 1, 2015 (i.e., central air conditioners,
heat pumps, and weatherized furnaces), the new ranges will not apply
until that date.\31\ The Commission also proposes specifying separate
ranges for each system type addressed by the efficiency standards.
Thus, for example, the Rule will have separate ranges for weatherized
and non-weatherized furnaces, split-system air conditioner systems,
small duct, high-velocity systems, and space-constrained air
conditioners. Commenters should address whether such separate
categories are necessary to help consumers compare products.\32\
---------------------------------------------------------------------------
\28\ The label's range does not include thresholds for regional
standards as suggested by NRDC because the addition of such
information may create confusion and detract from the label's basic
message. In addition, the proposed label addresses applicable
regional standards elsewhere.
\29\ In the final rule notice, the Commission will adjust the
range tables in the Appendices if necessary to reflect new industry
data available at that time. 16 CFR 305.10(b).
\30\ The new ranges effective May 1, 2013 will also apply to
equipment not subject to any change in the standards (e.g., electric
furnaces and boilers).
\31\ The Commission will publish new ranges for central air
conditioners, heat pumps, and weatherized furnaces before the
January 1, 2015 date. Under the current Rule, the Commission amends
range information for labels on a five-year schedule. However, the
Commission has indicated it may update ranges more frequently. 72 FR
49948, 49959 (Aug. 29, 2007). The ranges on the new sample heat pump
and air conditioner labels in this Notice stem from current industry
data and have been included only for illustrative purposes.
\32\ To reduce label clutter, the proposal also eliminates text
stating that the efficiency range is based on a particular model
type (e.g., ``Efficiency range based only on split system units'').
The Commission seeks comment on whether this statement should remain
on the label.
---------------------------------------------------------------------------
Yearly energy cost disclosure gives consumers a clear,
understandable tool to compare energy performance. Therefore, the
proposed label also contains a prominent link to an online energy cost
calculator based on a government Web site. Energy cost information
appears on EnergyGuide labels for other covered products such as
dishwashers and televisions. Unlike those products, however, heating
and cooling costs can vary significantly depending on the consumer's
location. For example, the annual operating cost of a furnace installed
in Minnesota is likely to be much higher than one in Florida. As a
result, national average cost information on the label may not provide
a good estimate for a substantial number of consumers. Accordingly, the
Commission proposes to provide consumers with a link to an online cost
calculator, which will give consumers estimates based on their
location.\33\
---------------------------------------------------------------------------
\33\ To allow consumers to use the calculator, the proposed rule
requires the labels to display the model's capacity in addition to
its efficiency rating.
---------------------------------------------------------------------------
Lower Portion: The proposed label's lower portion contains
information to help installers comply with regional standards. The
proposed rule only requires this information for product categories
subject to different regional standards (i.e., split-system air
conditioners, single-package air conditioners, and non-weatherized and
mobile home gas furnaces).\34\ The lower portion communicates standards
information through text, a map, and a link. The text provides general
information to installers about regional efficiency standards,
including a list of applicable states.\35\ Second, a color U.S. map
illustrating regional standards information appears on the label for
products that do not meet standards in at least one region (i.e.,
certain split air conditioner systems, single-package air conditioners
lower than 11.0 EER, and non-weatherized and mobile gas furnaces lower
than 90 AFUE). The color map provides a simple, graphical means to
inform distributors, contractors, and consumers about the regional
requirements. However, contrary to commenter suggestions, the proposed
label for units that are legal to install in any state would not have a
map but rather would state, ``Federal law allows this unit to be
installed in all U.S. states and territories.'' Because these higher-
efficiency models can be installed anywhere, a map would add
unnecessary detail to the label. Additionally, under this approach, the
FTC map would not appear on any labels displaying the Energy Star map
and thus eliminate any confusion from the appearance of two different
maps on the same label. Finally, the proposed label contains a link to
DOE's database of certified equipment (https://www.regulations.doe.gov/certification-data/Category.html).\36\ This information will help
contractors and consumers ensure that installed equipment complies with
the regional standards. The Commission seeks comment on whether it
should require a QR code on all labels to link consumers and installers
directly to detailed information about the product at the DOE Web site.
---------------------------------------------------------------------------
\34\ The regional disclosures do not apply to products subject
to uniform national standards (e.g., heat pumps).
\35\ Given space limitations, the labels do not spell out state
names as suggested by ACCA. State postal abbreviations should not
lead to significant confusion, particularly for installers who are
likely to be familiar with the abbreviations of states in which they
work.
\36\ The Commission proposes to link consumers to the DOE Web
site, rather than AHRI's directory, because DOE's site provides a
government source for information from both AHRI and non-AHRI
members.
---------------------------------------------------------------------------
Central Air Conditioners and Heat Pumps: The proposed label
contains specific requirements for split-system air conditioners and
heat pumps. First, consistent with AHRI's suggestion, the upper portion
of the label discloses the lowest and highest SEER (and HSPF) ratings
for all the condenser's certified coil combinations. This disclosure
provides the minimum and maximum efficiency yielded by a particular
split-system. Second, the proposed label states that an installed
system's efficiency varies depending on which coil is matched with the
condenser. Third, consistent with AHRI's suggestion, the lower portion
of the proposed air conditioner label displays a map and a table
illustrating the three regions covered by the new DOE standards.\37\
This map will provide installers with a clear illustration of the
standards applicable to the product. The Commission is not proposing a
product-specific map because split-system air conditioner efficiency
ratings vary depending on the installed condenser-coil combination.
Thus, a condenser may meet the standard in the southern region when
paired with one coil but not when paired with another.
---------------------------------------------------------------------------
\37\ The proposed rule contains no regional standards
information for heat pump labels because those products are subject
to uniform national standards.
---------------------------------------------------------------------------
The proposed labels for split-system air conditioners and single-
package air conditioners also contain EER ratings because such
information is necessary to determine regional standards compliance.
EER information would appear in the proposed label's lower portion and,
for split systems, would include the high and low certified ratings.
The Commission does not
[[Page 33342]]
propose to include a separate EER range bar. Because most consumers are
not likely to be familiar with EER ratings, the inclusion of a separate
EER range is likely to lead to confusion without providing significant
benefit. Finally, the proposed label for single-package air
conditioners rated below 11.0 EER displays a product specific map to
illustrate that such models can only be installed in the northern and
southeastern regions.
Furnaces: The Commission also proposes specific regional
information for furnace labels. For non-weatherized and mobile gas
furnaces rated below 90 AFUE, the proposed label contains a map and a
list identifying those states where the product may be installed. For
non-weatherized and mobile home furnaces that meet standards in all
regions, the proposed label contains the statement: ``Federal law
allows this unit to be installed in all U.S. states and territories.''
B. Label Location
To improve access to the EnergyGuide label for heating and cooling
products, the proposed amendments continue to require the label on the
product itself and retailer Web sites, and propose requiring it on
packaging (for product categories subject to regional standards) and
manufacturer Web sites. The proposal also directs contractors to give
consumers the opportunity to review the EnergyGuide label prior to
purchase. These requirements provide a single, familiar tool for
communicating efficiency and standards information. They also avoid
multiple formats that could cause confusion and increase compliance
burdens. For distributors and installers, the comprehensive label
eliminates the need to create their own disclosures.
In addition, by requiring the label in several different locations,
the proposed approach should help consumers and installers with their
purchasing and installation decisions--regardless of where those
decisions occur. The label's continued presence on products provides
consumers with efficiency information for their purchases. It will also
help installers with regional standards information to ensure they
install the correct equipment under the law.\38\ Labels on packages
will help distributors and installers determine whether a model meets
applicable standards before they ship or open boxes, avoiding costly
shipping or installation mistakes.
---------------------------------------------------------------------------
\38\ The proposed rule does not require a permanent EnergyGuide
label on these products as suggested by comments because the unit's
model number provides the information necessary to determine
compliance, particularly given the availability of online databases
from DOE and AHRI.
---------------------------------------------------------------------------
Consistent with the Commission's recent television labeling
requirements as well as its proposed requirements for all covered
products, the proposed rule requires manufacturer Web sites to provide
consumers, distributors, and installers access to their product labels
online.\39\ The proposed amendments continue to require retail Web
sites to post a copy of the EnergyGuide label. In addition, the
proposal requires retail Web sites selling any product subject to
regional standards to display the statement ``Federal law prohibits the
installation of some [central air conditioners or furnaces] in certain
states. Look to the EnergyGuide label to determine whether this product
can be legally installed in your location.'' This should ensure that
the Web site alerts purchasers to regional restrictions even if
purchasers do not open the label itself. Though some commenters
suggested a lengthier disclosure, such information would unnecessarily
duplicate the label's content. In addition to requirements for Web
sites, the proposal also contains disclosures for paper catalogs
requirements related to regional standards.
---------------------------------------------------------------------------
\39\ See 76 FR 1038 (Jan. 11, 2011) (television requirements)
and 77 FR 15298 (Mar. 15, 2012) (proposed requirements for all
covered products). The present notice includes the proposed rule
language for catalog disclosure from the March 15, 2012 notice and
corrects minor errors in that language.
---------------------------------------------------------------------------
Finally, the Commission proposes requiring retail sellers (e.g.,
contractors, installers, and assemblers) to make the EnergyGuide label
available to consumers before purchase. Contractors can comply with
this requirement by, for example, showing the labels to consumers or
providing them instructions to view the labels online. Though AHRI
urged the Commission to refer to AHRI's directory for these required
disclosures, the label itself is preferable because it provides
detailed information in a larger format specifically designed for
consumers. This requirement should not increase existing disclosure
burdens for installers because the Rule already requires them to make
energy disclosures to consumers.\40\ Nothing prevents installers from
also directing consumers to the AHRI site.
---------------------------------------------------------------------------
\40\ 16 CFR 305.14.
---------------------------------------------------------------------------
C. Oil Furnace Labels
In response to AHRI's suggestion, the Commission proposes to amend
the oil furnace label to include the efficiency ratings associated with
different input rates. The proposed label provides consumers with the
furnace's efficiency rating as configured and installed in their home,
as well as the efficiency rating associated with the product's input
rate as shipped by the manufacturer. In addition, the proposed label
contains a chart displaying four efficiency ratings associated with the
four input rates recommended by AHRI. It also contains a single scale
displaying the furnace's efficiency rating at the manufacturer's rated
input to avoid label clutter that could potentially confuse consumers.
If the installer uses a different input rate, they must mark the chart
on the EnergyGuide label to indicate so.\41\ The Commission seeks
comment on whether this is necessary and, if so, whether the proposed
label will provide clear information to consumers. In addition,
commenters should address whether this same design should appear on
boilers, which also vary in efficiency by input rate settings.
---------------------------------------------------------------------------
\41\ See 42 U.S.C. 6294(c)(4).
---------------------------------------------------------------------------
D. Effective Dates for Label Changes
The Commission proposes to require the proposed label changes in
two phases. Under the first phase, manufacturers must begin using the
new label no later than May 1, 2013 for equipment subject to new
standards effective on that date (i.e., weatherized gas and mobile home
gas furnaces) or not subject to any change in the standards (e.g.,
boilers, oil-fired, and electric furnaces). Under the second phase,
manufacturers must begin placing the new labels no later than January
1, 2015 for any heating and cooling equipment subject to new standards
effective on that date (i.e., weatherized furnaces and central air
conditioners and heat pumps).\42\ Until January 1, 2015, manufacturers
must continue to use the current label, including the current ranges,
for those products. These proposed dates coincide with the effective
dates of regional standards for those products and thus should provide
a reasonable transition date for the new labels. However, DOE has
clarified that the effective date for the regional standards applies to
the installation of products on or after that date.\43\ Accordingly,
the Commission seeks comment on whether to require manufacturers to
begin using
[[Page 33343]]
the new labels earlier to provide a lead-time for newly labeled units
to enter retailer inventories before the regional standards take
effect.
---------------------------------------------------------------------------
\42\ The Commission will update ranges for weatherized furnaces
and central air conditioners and heat pumps before the January 1,
2015 transition to the new labels.
\43\ See Department of Energy, ``Regional Standards Enforcement
Framework Document,'' https://www1.eere.energy.gov/buildings/appliance_standards/pdfs/furncac_regstnd_enforceframework.pdf.
\44\ Seasonal Energy Efficiency Rating.
\45\ Energy Efficiency Rating.
\46\ Heating Seasonal Performance Factor.
Table 1--Furnaces
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regional standards
System type information on proposed Date for label change Efficiency Efficiency standard-- Efficiency standard--
label standard--north % southeast % southwest %
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-weatherized gas............. Models below 90 AFUE: May 1, 2013............. 90 AFUE........... 80 AFUE............... 80 AFUE.
U.S. map and
explanatory text
indicating product can
only be installed in
south/southwest (see
Sample Label 9).
All other models: a
statement that unit can
be installed in any
state (see Sample Label
9A).
Mobile home gas................. Models below 90 AFUE: May 1, 2013............. 90 AFUE........... 80 AFUE............... 80 AFUE.
U.S. map and
explanatory text
indicating product can
only be installed in
south/southwest.
All other models: a
statement that unit can
be installed in any
state.
Non-weatherized oil-fired....... No regional standards May 1, 2013............. 83 AFUE........... 83 AFUE............... 83 AFUE.
information (see Sample
Label 9B).
Weatherized gas................. No regional standards Jan. 1, 2015............ 81 AFUE........... 81 AFUE............... 81 AFUE.
information.
Mobile home oil-fired........... No regional standards May 1, 2013............. 75 AFUE........... 75 AFUE............... 75 AFUE.
information.
Weatherized oil-fired........... No regional standards Jan. 1, 2015............ 78 AFUE........... 78 AFUE............... 78 AFUE.
information.
Electric........................ No regional standards May 1, 2013............. 78 AFUE........... 78 AFUE............... 78 AFUE.
information.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--Central Air Conditioners and Heat Pumps
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regional standards
System type information on proposed Date for label change Efficiency standard- Efficiency standard- Efficiency standard-
label north southeast southwest
--------------------------------------------------------------------------------------------------------------------------------------------------------
Split-system air conditioners..... All models regardless of Jan. 1, 2015......... 13 SEER \44\......... 14 SEER............. 14 SEER/12.2 EER
efficiency rating: low \45\ <45,000 Btu/h
and high SEER and EER for 14 SEER/11.7 EER
certified compressor-coil >45,000 Btu/h.
combinations.
Models below 14 SEER (any
size model), below 12.2
EER (for models smaller
than 45,000 Btu/h), or
below 11.7 EER (for
models larger than 45,000
Btu/h): General U.S. map
& standards chart (see
Sample Label 7A).
All other models: A
statement that unit can
be installed in any state.
Split-system heat pumps........... No regional standards Jan. 1, 2015......... 14 SEER/8.2 HSPF \46\ 14 SEER/8.2 HSPF.... 14 SEER/8.2 HSPF.
information (see Sample
Label 8A).
All Models: Low and high
SEER and HSPF for
certified compressor-coil
combinations.
Single-package air conditioners... Models below 11 EER: U.S. Jan. 1, 2015......... 14 SEER.............. 14 SEER............. 14 SEER/11.0 EER.
Map and explanatory text
indicating product can
only be installed in
northern and southeastern
states (not southwestern)
(see Sample Label 7B).
All other models: A
statement that unit can
be installed in any state.
Single-Package Heat Pumps......... No regional standards Jan. 1, 2015......... 14 SEER/8.0 HSPF..... 14 SEER/8.0 HSPF.... 14 SEER/8.0 HSPF.
information.
Small-duct, high-velocity systems. No regional standards Jan. 1, 2015......... 13 SEER/7.7 HSPF..... 13 SEER/7.7 HSPF.... 13 SEER/7.7 HSPF.
information..
All Models: Low and high
SEER and HSPF for
certified compressor-coil
combinations.
Space-constrained products -air No Regional Standards Jan. 1, 2015......... 12 SEER.............. 12 SEER............. 12 SEER.
conditioners. information.
All split-systems models:
Low and high SEER and
HSPF for certified
compressor-coil
combinations.
[[Page 33344]]
Space-constrained products--heat No Regional Standards Jan. 1, 2015......... 12 SEER/7.4 HSPF..... 12 SEER/7.4 HSPF.... 12 SEER/7.4 HSPF.
pumps. information.
All split-system models:
All Models: Low and high
SEER and HSPF for
certified compressor-coil
combinations.
--------------------------------------------------------------------------------------------------------------------------------------------------------
VIII. Paperwork Reduction Act
The current Rule contains recordkeeping, disclosure, testing, and
reporting requirements that constitute ``collection[s] of information''
under the Paperwork Reduction Act (PRA).\47\ OMB has approved the
Rule's existing information collection requirements through Jan. 31,
2014 (OMB Control No. 3084-0069). As described below, the proposed
amendments modify existing EnergyGuide label design and require its
presence on packaging for some products. Accordingly, the Commission is
submitting this proposed rule and an associated PRA Supporting
Statement to OMB for review.
---------------------------------------------------------------------------
\47\ 44 U.S.C. 3501-3521.
---------------------------------------------------------------------------
Manufacturer EnergyGuide Images Online: The proposed Rule requires
manufacturers to post images of their EnergyGuide labels on their Web
sites. Given approximately 6,000 total models \48\ at an estimated five
minutes per model, this requirement will entail a burden of 500
hours.\49\ Assuming that the additional disclosure requirement will be
implemented by graphic designers at a mean hourly wage of $23.42 per
hour,\50\ the associated labor cost would approximate $11,710 per year
(500 hours x $23.42).
---------------------------------------------------------------------------
\48\ This estimate is based on information from industry
sources.
\49\ Unlike retail Web sites that already have established Web
pages for the products they offer, some manufacturers may have to
create new Web pages for posting these requirements. Accordingly,
the burden estimate for manufacturers is higher (five minutes per
model) than that for catalog sellers (one minute per model).
\50\ See U.S. Department of Labor, National Compensation Survey:
Occupational Earnings in the United States 2010 (May 2011), Bulletin
2753, Table 3 at 3-13 (``Full-time civilian workers,'' mean and
median hourly wages), available at https://www.bls.gov/ncs/ncswage2010.htm.
---------------------------------------------------------------------------
Updating EnergyGuide Labels: The proposed rule requires heating and
cooling equipment manufacturers to change the EnergyGuide labels to the
new design. The new label design will require a one-time drafting
change for the manufacturers. Consistent with similar label changes in
the past, the Commission estimates that this one-time change will take
40 hours per manufacturer.\51\ As with other recent labeling changes,
the FTC staff plans to provide template labels to manufacturers to
minimize the burden associated with such labels changes. The Commission
estimates that there are approximately 100 manufacturers of affected
covered products. Therefore, the label design change will result in a
one-time burden of 4,000 hours (100 manufacturers x 40 hours). In
calculating the associated labor cost estimate, the Commission assumes
that the label design change will be implemented by graphic designers
at an hourly wage rate of $23.42 per hour based on Bureau of Labor
Statistics information. Thus, the Commission estimates that the new
label design change will result in a one-time labor cost of
approximately $93,680 (4,000 hours x $23.42 per hour).
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\51\ 72 FR 49948, 49964 (Aug. 27, 2007).
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EnergyGuide Labels on Packaging: The proposed amendments would
require manufacturers to affix a copy of the EnergyGuide on packaging
for split-system and single-package air conditioners, and non-
weatherized and mobile home gas furnaces. DOE has estimated past annual
shipments of these units at about 5,500,000.\52\ The Commission
estimates the burden for package labeling at 9,167 hours [6 seconds x
5,500,000 units]. In calculating the associated labor cost estimate,
the Commission assumes that the label design change will be implemented
by packaging and filling machine operators at an hourly wage rate of
$14.67 per hour based on Bureau of Labor Statistics information. Thus,
the Commission estimates that label placement on packaging will result
in an annual labor cost of approximately $134,480 (9,167 hours x $14.67
per hour).
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\52\ See https://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/hvac_ch_09_shipments_2011-04-25.pdf.
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Catalog and Installer Disclosures: The Rule already requires
retailers to post energy information in catalogs (including Web sites)
and installers to make information available to consumers at the point
of sale. Therefore, the proposed requirements would not alter this
burden.
Estimated Annual Non-labor Cost Burden: Any capital costs
associated with the amendments are likely to be minimal.
The Commission invites comments that will enable it to: (1)
Evaluate whether the proposed collections of information are necessary
for the proper performance of the functions of the Commission,
including whether the information will have practical utility; (2)
evaluate the accuracy of the Commission's estimate of the burden of the
proposed collections of information, including the validity of the
methodology and assumptions used; (3) enhance the quality, utility, and
clarity of the information to be collected; and (4) minimize the burden
of the collections of information on those who must comply, including
through the use of appropriate automated, electronic, mechanical, or
other technological techniques or other forms of information
technology.
Comments on any proposed disclosure requirements that are subject
to OMB review under the PRA should additionally be submitted to: Office
of Information and Regulatory Affairs, Office of Management and Budget,
Attention: Desk Officer for Federal Trade Commission. Comments should
be submitted via facsimile to (202) 395-5167 because U.S. postal mail
at the OMB is subject to lengthy delays due to heightened security
precautions.
IX. Regulatory Flexibility Act
The Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601-612,
requires that the Commission provide an Initial Regulatory Flexibility
Analysis (``IRFA'') with a proposed Rule and a Final Regulatory
Flexibility Analysis (``FRFA''), with the final Rule, if any, unless
the Commission certifies that the Rule will not have a significant
economic impact on a substantial number of small entities. See 5 U.S.C.
603-605.
The Commission does not anticipate that the proposed Rule will have
a significant economic impact on a
[[Page 33345]]
substantial number of small entities. The Commission recognizes that
some of the affected manufacturers may qualify as small businesses
under the relevant thresholds. However, the Commission does not expect
that the requirements specified in the proposed Rule will have a
significant impact on these entities because, as discussed in the
previous section, the proposed amendments involve formatting changes to
labels, additional labels on some packaging, and Web site changes that
should not have a significant impact on affected entities, including
small businesses.
Accordingly, this document serves as notice to the Small Business
Administration of the FTC's certification of no effect. To ensure the
accuracy of this certification, however, the Commission requests
comment on whether the proposed Rule will have a significant impact on
a substantial number of small entities, including specific information
on the number of entities that would be covered by the proposed Rule,
the number of these companies that are ``small entities,'' and the
average annual burden for each entity. Although the Commission
certifies under the RFA that the Rule proposed in this notice would
not, if promulgated, have a significant impact on a substantial number
of small entities, the Commission has determined, nonetheless, that it
is appropriate to publish an IRFA in order to inquire into the impact
of the proposed Rule on small entities. Therefore, the Commission has
prepared the following analysis:
A. Description of the Reasons That Action by the Agency Is Being Taken
As directed by Congress, the Commission proposes new disclosures to
help consumers and industry members understand new DOE regional
efficiency standards for heating and cooling equipment.
B. Statement of the Objectives of, and Legal Basis for, the Proposed
Rule
The objective of the proposed Rule is to develop new labels to help
communicate regional standards requirements for heating and cooling
equipment. The legal basis for this Rule is the EPCA (42 U.S.C. 6291 et
seq.).
C. Small Entities to Which the Proposed Rule Will Apply
Under the Small Business Size Standards issued by the Small
Business Administration, the standards for equipment manufacturers is
750 employees.\53\ The Commission estimates that fewer than 50 entities
subject to the proposed Rule's requirements qualify as small
businesses. The Commission seeks comment and information with regard to
the estimated number or nature of small business entities for which the
proposed Rule would have a significant economic impact.
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\53\ See https://www.sba.gov/content/table-small-business-size-standards.
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D. Projected Reporting, Recordkeeping and Other Compliance Requirements
The Commission recognizes that the proposed labeling changes will
involve some burdens on affected entities. However, the amendments
should not have a significant impact on small entities. The proposed
amendments would increase existing burdens by requiring manufacturers
to change their EnergyGuide labels for products and place labels on
packages for certain furnaces and central air conditioners. Graphic
designers and packaging operators will implement the new requirements.
There should be no capital costs associated with the amendments. The
Commission invites comment and information on these issues.
E. Duplicative, Overlapping, or Conflicting Federal Rules
The Commission has not identified any other federal statutes,
rules, or policies that would duplicate, overlap, or conflict with the
proposed Rule. While the proposed labels are related to DOE efficiency
standards, the proposed requirements do not overlap with DOE rules.
F. Significant Alternatives to the Proposed Rule
The Commission seeks comment and information on the need, if any,
for alternative compliance methods that, consistent with the statutory
requirements, would reduce the economic impact of the rule on such
small entities. As one alternative to reduce burden, the Commission
could delay the effective date of the amendments to provide additional
time for small business compliance. Comments filed in response to this
notice should identify small entities that are affected by the Rule, as
well as alternative methods of compliance that would reduce the
economic impact of the Rule on small entities. The Commission will
consider the feasibility of such alternatives and determine whether
they should be incorporated into the final rule.
X. Communications by Outside Parties to the Commissioners or Their
Advisors
Written communications and summaries or transcripts of oral
communications respecting the merits of this proceeding, from any
outside party to any Commissioner or Commissioner's advisor, will be
placed on the public record. See 16 CFR 1.26(b)(5).
XI. Request for Comment
The Commission invites interested persons to submit written
comments on any issue of fact, law, or policy that may bear upon the
FTC's proposed requirements. Please provide explanations for your
answers and supporting evidence where appropriate. After examining the
comments, the Commission will determine whether to issue final
amendments.
All comments should be filed as prescribed below, and must be
received by August 6, 2012. Interested parties are invited to submit
written comments electronically or in paper form. Comments should refer
to ``Regional Labeling for Heating and Cooling Equipment--Proposed Rule
(16 CFR Part 305) (Project No. P114202)'' to facilitate the
organization of comments. Please note that your comment--including your
name and your state--will be placed on the public record of this
proceeding, including on the publicly accessible FTC Web site, at
https://www.ftc.gov/os/publiccomments.shtm.
Because comments will be made public, they should not include any
sensitive personal information, such as any individual's Social
Security Number; date of birth; driver's license number or other state
identification number, or foreign country equivalent; passport number;
financial account number; or credit or debit card number. Comments also
should not include any sensitive health information, such as medical
records or other individually identifiable health information. In
addition, comments should not include ``[t]rade secret or any
commercial or financial information which is obtained from any person
and which is privileged or confidential'' as provided in Section 6(f)
of the Federal Trade Commission Act (``FTC Act''), 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing matter for
which confidential treatment is requested must be filed in paper form,
must be clearly labeled ``Confidential,'' and must comply with FTC Rule
4.9(c).\54\
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\54\ The comment must be accompanied by an explicit request for
confidential treatment, including the factual and legal basis for
the request, and must identify the specific portions of the comment
to be withheld from the public record. The request will be granted
or denied by the Commission's General Counsel, consistent with
applicable law and the public interest. See FTC Rule 4.9(c), 16 CFR
4.9.(c).
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[[Page 33346]]
Because paper mail addressed to the FTC is subject to delay due to
heightened security screening, please consider submitting your comments
in electronic form. Comments filed in electronic form should be
submitted using the following weblink: https://ftcpublic.commentworks.com/ftc/proposedregionaldisclosuresnprm (and
following the instructions on the web-based form). To ensure that the
Commission considers an electronic comment, you must file it on the
web-based form at the weblink https://ftcpublic.commentworks.com/ftcproposedregionaldisclosuresnprm. If this Notice appears at https://www.regulations.gov/#!home, you may also file an electronic comment
through that Web site. The Commission will consider all comments that
regulations.gov forwards to it. You may also visit the FTC Web site at
https://www.ftc.gov to read the Notice and the news release describing
it.
A comment filed in paper form should include the ``Regional
Labeling for Heating and Cooling Equipment--Proposed Rule (16 CFR Part
305) (Project No. P114202)'' reference both in the text and on the
envelope, and should be mailed or delivered to the following address:
Federal Trade Commission, Office of the Secretary, Room H-113 (Annex
C), 600 Pennsylvania Avenue NW., Washington, DC 20580. The FTC is
requesting that any comment filed in paper form be sent by courier or
overnight service, if possible, because U.S. postal mail in the
Washington area and at the Commission is subject to delay due to
heightened security precautions.
The FTC Act and other laws that the Commission administers permit
the collection of public comments to consider and use in this
proceeding as appropriate. The Commission will consider all timely and
responsive public comments that it receives, whether filed in paper or
electronic form. Comments received will be available to the public on
the FTC Web site, to the extent practicable, at https://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the FTC makes every
effort to remove home contact information for individuals from the
public comments it receives before placing those comments on the FTC
Web site. More information, including routine uses permitted by the
Privacy Act, may be found in the FTC's privacy policy, at https://www.ftc.gov/ftc/privacy.htm.
Because written comments appear adequate to present the views of
all interested parties, the Commission has not scheduled an oral
hearing regarding these proposed amendments. Interested parties may
request an opportunity to present views orally. If such a request is
made, the Commission will publish a document in the Federal Register
stating the time and place for such oral presentation(s) and describing
the procedures that will be followed. Interested parties who wish to
present oral views must submit a hearing request, on or before June 26,
2012, in the form of a written comment that describes the issues on
which the party wishes to speak. If there is no oral hearing, the
Commission will base its decision on the written rulemaking record.
XII. Proposed Rule Language
List of Subjects in 16 CFR Part 305
Advertising, Energy conservation, Household appliances, Labeling,
Reporting and recordkeeping requirements.
For the reasons set out above, the Commission proposes the
following amendments to 16 CFR Part 305:
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'')
1. The authority citation for part 305 continues to read as
follows:
Authority: 42 U.S.C. 6294.
2. In Sec. 305.12, revise paragraphs (c), (d), and (e),
redesignate paragraphs (f) and (g) as paragraphs (h) and (i)
respectively, add new paragraphs (f) and (g), and revise redesignated
paragraphs (h)(8)(iii) and (i)(9)(iii) to read as follows:
Sec. 305.12 Labeling for central air conditioners, heat pumps, and
furnaces.
* * * * *
(c) Colors. The basic colors of all labels covered by this section
shall be process yellow or equivalent and process black unless
otherwise indicated in this part. The label shall be printed full bleed
process yellow. All type and graphics shall be print process black
unless otherwise stated.
(d) Label Type. The labels must be affixed in the form of an
adhesive label. All adhesive labels should be applied so they can be
easily removed without the use of tools or liquids, other than water,
but should be applied with an adhesive with an adhesion capacity
sufficient to prevent their dislodgment during normal handling
throughout the chain of distribution to the retailer or consumer. The
paper stock for pressure-sensitive or other adhesive labels shall have
a basic weight of not less than 58 pounds per 500 sheets (25'' x 38'')
or equivalent, exclusive of the release liner and adhesive. A minimum
peel adhesion capacity for the adhesive of 12 ounces per square inch is
suggested, but not required if the adhesive can otherwise meet the
above standard.
(e) Placement.
(1) Manufacturers shall affix adhesive labels to the covered
products in such a position that it is easily read by a person
examining the product. The label should be generally located on the
upper-right-front corner of the product's front exterior. However, some
other prominent location may be used as long as the label will not
become dislodged during normal handling throughout the chain of
distribution to the retailer or consumer. The top of the label should
not exceed 74 inches from the base of taller products. The label can be
displayed in the form of a flap tag adhered to the top of the appliance
and bent (folded at 90[deg]) to hang over the front, as long as this
can be done with assurance that it will be readily visible. Labels for
split system central air conditioners shall be affixed to the
condensing unit.
(2) In addition to the requirements of paragraph (1), for split-
system and single-package central air conditioners manufactured on or
after January 1, 2015, and all non-weatherized and mobile home
furnaces, manufacturers shall affix adhesive labels to covered product
packages in such a position easily read by a person examining the
product. Labels for split-system central air conditioners shall be
affixed to the condensing unit's package.
(f) Content of labels for non-weatherized, mobile home, and
electric furnaces and boilers manufactured after May 1, 2013, and all
furnaces and boilers manufactured after January 1, 2015.
(1) Headlines and texts, as illustrated in the prototype and sample
labels in appendix L to this part.
(2) Name of manufacturer or private labeler shall, in the case of a
corporation, be deemed to be satisfied only by the actual corporate
name, which may be preceded or followed by the name of the particular
division of the corporation. In the case of an
[[Page 33347]]
individual, partnership, or association, the name under which the
business is conducted shall be used.
(3) The model's basic model number.
(4) The model's capacity as illustrated in the prototype and sample
labels in appendix L to this part.
(5) The annual fuel utilization efficiency (AFUE) for furnace
models as determined in accordance with Sec. 305.5.
(6) Ranges of comparability consisting of the lowest and highest
annual fuel utilization efficiencies (AFUE) ratings for all furnaces of
the model's type consistent with sample label 9A in appendix L.
(7) Placement of the labeled product on the scale shall be
proportionate to the lowest and highest annual fuel utilization
efficiency ratings forming the scale.
(8) The following statement shall appear in bold print on furnace
labels beneath the range(s) as illustrated in the sample labels in
appendix L:
For energy cost info, visit ftc.gov/energy.
(9) For non-weatherized gas furnaces and mobile home gas furnaces
with an AFUE of 90 or greater, the label must contain the following
regional standards information consistent with sample label 9A in
appendix L to this part:
Notice Federal law allows this unit to be installed in all U.S.
states and territories.
(10) For non-weatherized and mobile home gas furnaces with an AFUE
lower than 90, the label shall contain the following regional standards
information consistent with sample label 9A in appendix L to this part:
(i) A statement that reads:
Notice Federal law allows this unit to be installed only in: AL,
AZ, AR, CA, DC, DE, FL, GA, HI, KY, LA, MD, MS, NC, NM, NV, OK, SC, TN,
TX, VA, and U.S. territories.
Federal law prohibits installation of this unit in other states.
(ii) A color map and accompanying text as illustrated in sample
label 9A in appendix L. The map contains the following colors: Green,
CMKY value 34, 0, 55, 0; and Gray, CMKY value 0, 0, 0, 9.
(11) The following statement shall appear at the top of the label
as illustrated in the sample labels in appendix L:
Federal law prohibits removal of this label before consumer
purchase.
(12) No marks or information other than that specified in this part
shall appear on or directly adjoining this label except that:
(i) A part or publication number identification may be included on
this label, as desired by the manufacturer. If a manufacturer elects to
use a part or publication number, it must appear in the lower right-
hand corner of the label and be set in 6-point type or smaller.
(ii) The energy use disclosure labels required by the governments
of Canada or Mexico may appear directly adjoining this label, as
desired by the manufacturer.
(iii) The manufacturer may include the ENERGY STAR logo on the
label for qualified products in a location consistent with the sample
labels in appendix L. The logo must be no larger than 1 inch by 3
inches in size. Only manufacturers that have signed a Memorandum of
Understanding with the Department of Energy or the Environmental
Protection Agency may add the ENERGY STAR logo to labels on qualifying
covered products; such manufacturers may add the ENERGY STAR logo to
labels only on those covered products that are contemplated by the
Memorandum of Understanding.
(13) Manufacturers of boilers shipped with more than one input
nozzle to be installed in the field must label such boilers with the
AFUE of the system when it is set up with the nozzle that results in
the lowest AFUE rating.
(14) Manufacturers that ship out boilers that may be set up as
either steam or hot water units must label the boilers with the AFUE
rating derived by conducting the required test on the boiler as a hot
water unit.
(15) Manufacturers of oil furnaces must label their products with
the AFUE rating associated with the furnace's input rate set by the
manufacturer at shipment. The oil furnace label must contain a chart,
as illustrated in sample label 9B in appendix L, indicating the
efficiency rating at additional input rates of 84,000, 105,000,
119,000, and 140,000 Btu/hr.
(g) Content of labels for central air conditioners and heat pumps
manufactured on or after January 1, 2015.
(1) Headlines and texts, as illustrated in the prototype and sample
labels in appendix L to this part.
(2) Name of manufacturer or private labeler shall, in the case of a
corporation, be deemed to be satisfied only by the actual corporate
name, which may be preceded or followed by the name of the particular
division of the corporation. In the case of an individual, partnership,
or association, the name under which the business is conducted shall be
used.
(3) The model's basic model number.
(4) The model's capacity as illustrated in the prototype and sample
labels in appendix L to this part.
(5) The seasonal energy efficiency ratio (SEER) for the cooling
function of central air conditioners as determined in accordance with
Sec. 305.5. For the heating function, the heating seasonal performance
factor (HSPF) shall be calculated for heating Region IV for the
standardized design heating requirement nearest the capacity measured
in the High Temperature Test in accordance with Sec. 305.5. In
addition, as illustrated in the sample labels 7A and 8A in appendix L,
the energy efficiency ratings for any split-system condenser-evaporator
coil combinations shall include the low and high ratings of all
condenser-evaporator coil combinations certified to the Department of
Energy pursuant to 10 CFR Part 430.
(6)(i) Each cooling-only central air conditioner label shall
contain a range of comparability consisting of the lowest and highest
SEER for all cooling only central air conditioners consistent with
sample label 7A in appendix L to this part.
(ii) Each heat pump label, except as noted in paragraph (g)(6)(iii)
of this section, shall contain two ranges of comparability. The first
range shall consist of the lowest and highest seasonal energy
efficiency ratios for the cooling side of all heat pumps consistent
with sample label 7A in appendix L to this part. The second range shall
consist of the lowest and highest heating seasonal performance factors
for the heating side of all heat pumps consistent with sample label 7A
in appendix L to this part.
(iii) Each heating-only heat pump label shall contain a range of
comparability consisting of the lowest and highest heating seasonal
performance factors for all heating-only heat pumps following the
format of sample label 7A in appendix L to this part.
(7) Placement of the labeled product on the scale shall be
proportionate to the lowest and highest efficiency ratings forming the
scale.
(8) The following statement shall appear on the label in bold print
as indicated in the sample labels in appendix L.
For energy cost info, visit ftc.gov/energy.
(9) All labels on split-system condenser units must contain one of
the following three statements:
(i) For labels disclosing only the seasonal energy efficiency ratio
for cooling, the statement should read:
This system's efficiency rating depends on the coil your contractor
installs with this unit. Ask for details.
[[Page 33348]]
(ii) For labels disclosing both the seasonal energy efficiency
ratio for cooling and the heating seasonal performance factor for
heating, the statement should read:
This system's efficiency ratings depend on the coil your contractor
installs with this unit. The heating efficiency rating will vary
slightly in different geographic regions. Ask for details.
(iii) For labels disclosing only the heating seasonal performance
factor for heating, the statement should read:
This system's efficiency rating depends on the coil your contractor
installs with this unit. The efficiency rating will vary slightly in
different geographic regions. Ask for details.
(10) The following statement shall appear at the top of the label
as illustrated in the sample labels in appendix L:
Federal law prohibits removal of this label before consumer
purchase.
(11) For any single-package air conditioner with a minimum Energy
Efficiency Ratio (EER) of 11.0, any split-system central air
conditioner with a rated minimum cooling capacity of 45,000 Btu/h and
minimum efficiency ratings of 14 SEER and 11.7 EER, and any split-
system central air conditioners with a rated cooling capacity less than
45,000 Btu/h and minimum efficiency ratings of 14 SEER and 12.2 EER,
the label must contain the following regional standards information
consistent with sample label 7A in appendix L to this part:
Notice Federal law allows this unit to be installed in all U.S.
states and territories.
(12) For any split-system central air conditioners with a rated
minimum cooling capacity of 45,000 Btu/h and minimum efficiency ratings
below 14 SEER or 11.7 EER, and any split-system central air conditioner
with a rated cooling capacity less than 45,000 Btu/h and a minimum
efficiency rating below 14 SEER or 12.2 EER, the label must contain the
following regional standards information consistent with sample label
7A in appendix L to this part:
(i) A statement that reads:
The system you install must meet the minimum Federal regional
efficiency standards.
See regulations.doe.gov/certification for certified combinations.
(ii) A map and accompanying text as illustrated in the sample label
9A in appendix L. The map contains the following colors: Blue, CMYK
value 33, 7, 1, 0; Peach, CMKY value 11, 26, 51, 0; and Yellow, CMKY
value 3, 0, 55, 0.
(iii) A statement that reads:
Energy Efficiency Ratio (EER): The installed system's EER could
range from [----] to [----]., depending on the coil installed with this
unit.
(13) For any single-package air conditioner with an EER below 11.0,
the label must contain the following regional standards information
consistent with sample labels in appendix L to this part:
(i) A statement that reads:
Notice Federal law allows this unit to be installed only in: AK,
AL, AR, CO, CT, DC, DE, FL, GA, HI, ID, IL, IA, IN, KS, KY, LA, ME, MD,
MI, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NY, OH, OK, OR, PA, RI, SC, SD,
TN, TX, UT, VA, VT, WA, WV, WI, WY and U.S. territories.
Federal law prohibits installation of this unit in other states.
(ii) A color map and accompanying text as illustrated in the sample
label in appendix L. The map contains the following colors: Green, CMKY
value 34, 0, 55, 0; and Gray, CMKY value 0, 0, 0, 9.
(i) A statement that reads:
Energy Efficiency Ratio (EER): This model's EER is [----].
(14) No marks or information other than that specified in this part
shall appear on or directly adjoining this label except that:
(i) A part or publication number identification may be included on
this label, as desired by the manufacturer. If a manufacturer elects to
use a part or publication number, it must appear in the lower right-
hand corner of the label and be set in 6-point type or smaller.
(ii) The energy use disclosure labels required by the governments
of Canada or Mexico may appear directly adjoining this label, as
desired by the manufacturer.
(iii) The manufacturer may include the ENERGY STAR logo on the
label for qualified products in a location consistent with the sample
labels in appendix L. The logo must be no larger than 1 inch by 3
inches in size. Only manufacturers that have signed a Memorandum of
Understanding with the Department of Energy or the Environmental
Protection Agency may add the ENERGY STAR logo to labels on qualifying
covered products; such manufacturers may add the ENERGY STAR logo to
labels only on those covered products that are contemplated by the
Memorandum of Understanding.
(h) Content of label for weatherized gas furnaces manufactured
before January 1, 2015.
* * * * *
(8) * * *
(iii) The manufacturer may include the ENERGY STAR logo on the
label for qualified products in a location consistent with the sample
labels in appendix L. The logo must be 1 inch by 3 inches in size. Only
manufacturers that have signed a Memorandum of Understanding with the
Department of Energy or the Environmental Protection Agency may add the
ENERGY STAR logo to labels on qualifying covered products; such
manufacturers may add the ENERGY STAR logo to labels only on those
covered products that are contemplated by the Memorandum of
Understanding.
(i) Content of label for central air conditioners and heat pumps
manufactured before January 1, 2015.
* * * * *
(9) * * *
(iii) The manufacturer may include the ENERGY STAR logo on the
label for qualified products in a location consistent with the sample
labels in appendix L. The logo must be no larger than 1 inch by 3
inches in size. Only manufacturers that have signed a Memorandum of
Understanding with the Department of Energy or the Environmental
Protection Agency may add the ENERGY STAR logo to labels on qualifying
covered products; such manufacturers may add the ENERGY STAR logo to
labels only on those covered products that are contemplated by the
Memorandum of Understanding.
3. Revise section 305.14 to read as follows:
Sec. 305.14 Energy information disclosures for heating and cooling
equipment.
(a) Manufacturer Duty to Provide Labels. For any covered central
air conditioner, heat pump, or furnace model that a manufacturer
distributes in commerce, the manufacturer must make a copy of the
EnergyGuide label available on a publicly accessible Web site in a
manner that allows catalog sellers to hyperlink to the label or
download it for use in catalogs that advertise such products. The
labels must remain on the Web site for two years after the manufacturer
ceases the model's production.
(b) Distribution. (1) Manufacturers and private labelers must
provide to distributors and retailers, including assemblers,
EnergyGuide labels for the central air conditioners, heat pumps, and
furnaces (including boilers) they sell to them. The label may be
provided in paper or electronic form (including Internet-based access).
Distributors must give this information to retailers, including
assemblers, they supply.
(2) Retailers, including assemblers, who sell central air
conditioners, heat pumps, and furnaces (including boilers) to consumers
must make the
[[Page 33349]]
EnergyGuide labels for the models they sell available to customers
prior to purchase, in any manner, as long as customers are likely to
notice them. For example, they may be available in a display, where
customers can take copies of them. They may be kept in a binder or made
available electronically at a counter or service desk, with a sign
telling customers where the required information is.
(3) Retailers, including installers, who negotiate or make sales at
a place other than their regular places of business must show the
labels to their customers and let them read the labels before the
customers agree to purchase the product. If the labels are on a Web
site, retailers, including assemblers, who negotiate or make sales at a
place other than their regular places of business, may choose to
provide customers with instructions to access such labels in lieu of
showing them a paper version of the information. Retailers who choose
to use the Internet for the required label disclosures must provide
customers the opportunity to read such information prior to sale of the
product.
(c) Oil Furnace Labels. If an installer installs an oil furnace
with an input rate different from that set by the manufacturer and
identified on the label, the installer must permanently mark the
appropriate box on the EnergyGuide label displaying the installed input
rate and the associated AFUE.
4. In section 305.20, revise paragraphs (a) and (b), and add
paragraph (c) to read as follows:
Sec. 305.20 Paper catalogs and Web sites.
(a) Covered products offered for sale on the Internet. Any
manufacturer, distributor, retailer, or private labeler who advertises
a covered product on an Internet Web site in a manner that qualifies as
a catalog under this Part shall disclose energy information as follows:
(1) Content.
(i) Products required to bear EnergyGuide or Lighting Facts labels.
All Web sites advertising covered refrigerators, refrigerator-freezers,
freezers, room air conditioners, clothes washers, dishwashers, ceiling
fans, pool heaters, central air conditioners, heat pumps, furnaces,
general service lamps, and televisions must display, for each model, an
image of the label required for that product by this Part. The Web site
may hyperlink to the image of the label using the icon depicted in
appendix L.
(ii) Products not required to bear EnergyGuide or Lighting Facts
labels.
All Web sites advertising covered showerheads, faucets, water
closets, urinals, general service fluorescent lamps, fluorescent lamp
ballasts, and metal halide lamp fixtures must include the following
disclosures for each covered product:
(A) Showerheads, faucets, water closets, and urinals. The product's
water use, expressed in gallons and liters per minute (gpm and L/min)
or per cycle (gpc and L/cycle) or gallons and liters per flush (gpf and
Lpf) as specified in Sec. 305.16.
(B) General service fluorescent lamps, fluorescent lamp ballasts
and luminaires and metal halide lamp fixtures. A capital letter ``E''
printed within a circle.
(2) Format. The required Web site disclosures, whether label image,
icon, or text, must appear clearly and conspicuously and in close
proximity to the covered product's price on each Web page that contains
a detailed description of the covered product and its price. The label
and hyperlink icon must conform to the prototypes in appendix L, but
may be altered in size to accommodate the Web page's design, as long as
they remain clear and conspicuous to consumers viewing the page.
(b) Covered products offered for sale in paper catalogs. Any
manufacturer, distributor, retailer, or private labeler that advertises
a covered product in a paper publication that qualifies as a catalog
under this part shall disclose energy information as follows:
(1) Content.
(i) Products required to bear EnergyGuide or Lighting Facts labels.
All paper catalogs advertising covered products required by this Part
to bear EnergyGuide or Lighting Facts labels illustrated in appendix L
(refrigerators, refrigerator-freezers, freezers, room air conditioners,
clothes washers, dishwashers, ceiling fans, pool heaters, central air
conditioners, heat pumps, furnaces, general service lamps, and
televisions) must either display an image of the full label prepared in
accordance with this Part, or make a text disclosure as follows:
(A) Refrigerator, refrigerator-freezer, and freezer. The capacity
of the model determined in accordance with Sec. 305.7, the estimated
annual operating cost determined in accordance with Sec. 305.5 and
appendix K of this Part, and a disclosure stating ``Your energy cost
depends on your utility rates and use. The estimated cost is based on
[$----] per kWh. For more information, visit www.ftc.gov/energy.''
(B) Room air conditioners and water heaters. The capacity of the
model determined in accordance with Sec. 305.7, the estimated annual
operating cost determined in accordance with Sec. 305.5 and appendix K
of this Part, and a disclosure stating ``Your operating costs will
depend on your utility rates and use. The estimated operating cost is
based on a national average [electricity, natural gas, propane, or oil]
cost of [$---- per kWh, therm, or gallon]. For more information, visit
www.ftc.gov/energy.''
(C) Clothes washers and dishwashers. The capacity of the model
determined in accordance with Sec. 305.7 and the estimated annual
operating cost determined in accordance with Sec. 305.5 and appendix
K, and a disclosure stating ``Your energy cost depends on your utility
rates and use. The estimated cost is based on [4 washloads a week for
dishwashers, or 8 washloads a week for clothes washers] and [----]
cents per kWh for electricity and $---- per therm for natural gas. For
more information, visit www.ftc.gov/energy.''
(D) General service fluorescent lamps or general service lamps. All
the information concerning that lamp required by Sec. 305.15 of this
part to be disclosed on the lamp's package, and a disclosure stating
``Your energy cost depends on your utility rates and use. The estimated
cost and life is based on 11 cents per kWh and 3 hours of use per day.
For more information, visit www.ftc.gov/energy.'' For the ``Light
Appearance'' disclosure required by Sec. 305.15(b)(3)(iv), the catalog
need only disclose the lamp's correlated color temperature in Kelvin
(e.g., 2700 K). General service fluorescent lamps or incandescent
reflector lamps must also include a capital letter ``E'' printed within
a circle and the statement described in Sec. 305.15(d)(1).
(E) Ceiling fans. All the information required by Sec. 305.13.
(F) Televisions. The estimated annual operating cost determined in
accordance with Sec. 305.5 and a disclosure stating ``Your energy cost
depends on your utility rates and use. The estimated cost is based on
[----] cents per kWh and 5 hours of use per day. For more information,
visit www.ftc.gov/energy.''
(G) Furnaces, Central Air Conditioners, and Heat Pumps: The model's
efficiency rating or ratings as disclosed on the label and a disclosure
stating ``For more information, visit www.ftc.gov/energy.'' For split-
system units, a disclosure stating ``This system's efficiency rating
depends on the coil installed with this unit.'' For central air
conditioners manufactured on or after January 1, 2015, the catalog must
provide, in at least one location, the disclosures and graphics
required by section 305.12(g)(11)&(12). For non-weatherized, mobile
home, and electric furnaces and boilers manufactured after May 1, 2013,
and all furnaces and
[[Page 33350]]
boilers manufactured after January 1, 2015, the catalog must disclose,
in a clear and conspicuous fashion, the states in which specific models
may be installed as indicated on the product's label prepared by the
manufacturer pursuant to Sec. 305.12.
(ii) Products not required to bear EnergyGuide or Lighting Facts
labels. All paper catalogs advertising covered products not required by
this Part to bear labels with specific design characteristics
illustrated in appendix L (showerheads, faucets, water closets,
urinals, fluorescent lamp ballasts, and metal halide lamp fixtures)
must make a text disclosure for each covered product identical to those
required for Internet disclosures under Sec. 305.20(a)(1)(iii).
(2) Format. Unless otherwise indicated in this section, the
required disclosures, whether text, label image, or icon, must appear
clearly and conspicuously on each page that contains a detailed
description of the covered product and its price. If a catalog displays
an image of the full label, the size of the label may be altered to
accommodate the catalog's design, as long as the label remains clear
and conspicuous to consumers. For text disclosures made pursuant to
Sec. 305.20(b)(1)(i) and (ii), the required disclosure may be
displayed once per page per type of product if the catalog offers
multiple covered products of the same type on a page, as long as the
disclosure remains clear and conspicuous.
(c) For split-system and single-package central air conditioners
offered for sale after January 1, 2015, and any non-weatherized or
mobile home furnace, the catalog (Web site or paper catalog) must
contain the following statement conspicuously placed on the product
page in close proximity to the link to the product's EnergyGuide label:
Federal law prohibits the installation of some [central air
conditioners or furnaces] in certain states. Look to the EnergyGuide
label to determine whether this product can be installed in your
location.
* * * * *
5. Revise Appendices G1, G2, G3, G4, G5, G6, G7, and G8 and add
Appendices G9 and G10 to read as follows:
Appendix G1 to Part 305--Furnaces--Non-Weatherized Gas
------------------------------------------------------------------------
Range of annual fuel
utilization efficiencies
Manufacturer's rated heating capacities (AFUEs)
(Btu/h) -------------------------------
Low High
------------------------------------------------------------------------
All Capacities.......................... 80.0 98.5
------------------------------------------------------------------------
Appendix G2 to Part 305--Furnaces--Weatherized Gas
------------------------------------------------------------------------
Range of annual fuel
utilization efficiencies
Manufacturer's rated heating capacities (AFUEs)
(Btu/h) -------------------------------
Low High
------------------------------------------------------------------------
All Capacities.......................... 78.0 96.6
------------------------------------------------------------------------
Appendix G3 to Part 305--Furnaces--Electric
------------------------------------------------------------------------
Range of annual fuel
utilization efficiencies
Manufacturer's rated heating capacities (AFUEs)
(Btu/h) -------------------------------
Low High
------------------------------------------------------------------------
All Capacities.......................... 100 100
------------------------------------------------------------------------
Appendix G4 to Part 305--Furnaces--Non-Weatherized Oil
------------------------------------------------------------------------
Range of annual fuel
utilization efficiencies
Manufacturer's rated heating capacities (AFUEs)
(Btu/h) -------------------------------
Low High
------------------------------------------------------------------------
All Capacities.......................... 83.0 95.4
------------------------------------------------------------------------
Appendix G5 to Part 305--Furnaces--Weatherized Oil
------------------------------------------------------------------------
Range of annual fuel
utilization efficiencies
Manufacturer's rated heating capacities (AFUEs)
(Btu/h) -------------------------------
Low High
------------------------------------------------------------------------
All Capacities.......................... 78.0 86.1
------------------------------------------------------------------------
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Appendix G6 to Part 305--Mobile Home Furnaces--Gas
------------------------------------------------------------------------
Range of annual fuel
utilization efficiencies
Manufacturer's rated heating capacities (AFUEs)
(Btu/h) -------------------------------
Low High
------------------------------------------------------------------------
All Capacities.......................... 80.0 96.5
------------------------------------------------------------------------
Appendix G7 to Part 305--Mobile Home Furnaces--Oil
------------------------------------------------------------------------
Range of annual fuel
utilization efficiencies
Manufacturer's rated heating capacities (AFUEs)
(Btu/h) -------------------------------
Low High
------------------------------------------------------------------------
All Capacities.......................... 75.0 86.6
------------------------------------------------------------------------
Appendix G8 to Part 305--Boilers (Gas)
------------------------------------------------------------------------
Range of annual fuel
utilization efficiencies
Manufacturer's rated heating capacities (AFUEs)
(Btu/h) -------------------------------
Low High
------------------------------------------------------------------------
All Capacities.......................... 78.0 98.0
------------------------------------------------------------------------
Appendix G9 to Part 305--Boilers (Oil)
------------------------------------------------------------------------
Range of annual fuel
utilization efficiencies
Manufacturer's rated heating capacities (AFUEs)
(Btu/h) -------------------------------
Low High
------------------------------------------------------------------------
All Capacities.......................... 80.0 96.0
------------------------------------------------------------------------
Appendix G10 to Part 305--Boilers (Electric)
------------------------------------------------------------------------
Range of annual fuel
utilization efficiencies
Manufacturer's rated heating capacities (AFUEs)
(Btu/h) -------------------------------
Low High
------------------------------------------------------------------------
All Capacities.......................... 100 100
------------------------------------------------------------------------
6. In Appendix L, Sample Label 7 is revised, Sample Label 7A is
added, Sample Label 8 is revised, Sample Label 8A is added, Sample
Label 9 is revised, and Sample Labels 9A and 9B are added to read as
follows:
* * * * *
BILLING CODE 6750-01-P
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By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2012-13626 Filed 6-5-12; 8:45 am]
BILLING CODE 6750-01-C