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”), 1779-1792 [2013-00113]
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Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
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Authority: 16 U.S.C. 1431 et seq.; 16 U.S.C.
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[FR Doc. 2012–31655 Filed 1–8–13; 8:45 am]
BILLING CODE 3510–NK–P
FEDERAL TRADE COMMISSION
16 CFR Part 305
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[3084–AB15]
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 and Proposed
Conditional Exemption.
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plumbing products, lighting products,
ceiling fans, and televisions. The
Commission is currently conducting a
regulatory review of the Rule.3
The Rule requires manufacturers to
attach yellow EnergyGuide labels on
many of these products, and prohibits
retailers from removing the labels or
rendering them illegible. In addition,
the Rule directs sellers, including
retailers, to post label information on
Web sites and in paper catalogs from
which consumers can order products.
EnergyGuide labels for covered
appliances must contain three key
disclosures: estimated annual energy
cost (for most products); a product’s
energy consumption or energy
efficiency rating as determined from
Department of Energy (DOE) test
procedures; and a comparability range
displaying the highest and lowest
energy costs or efficiency ratings for all
similar models. For energy cost
calculations, the Rule specifies national
average costs for applicable energy
sources (e.g., electricity, natural gas, oil)
as calculated by DOE. The Rule sets a
five-year schedule for updating range of
comparability and annual energy cost
information.4 The Commission updates
the range information based on
manufacturer data submitted pursuant
to the Rule’s reporting requirements.
The Commission issued the
Appliance Labeling Rule (‘‘Rule’’) in
1979,1 in response to a directive in the
Energy Policy and Conservation Act of
1975 (EPCA).2 The Rule requires energy
labeling for major home appliances and
other consumer products, to help
consumers compare competing models.
When first published, the Rule applied
to eight categories: refrigerators,
refrigerator-freezers, freezers,
dishwashers, water heaters, clothes
washers, room air conditioners, and
furnaces. The Commission subsequently
expanded the Rule’s coverage to include
central air conditioners, heat pumps,
II. Proposed Amendments
As discussed below, the Commission
proposes to update the comparability
ranges (Appendices A–J to Part 305) and
national average energy cost figures
(Appendix K to Part 305) for many
EnergyGuide labels consistent with its
five-year schedule. This Notice also
contains several minor, proposed
revisions and updates to the label’s
content, some of which were suggested
by commenters as part of the
Commission’s ongoing regulatory
review. To avoid requiring multiple
label revisions within a short time
period, the Commission proposes to
require these label content changes
concurrently with the range updates.
Finally, the Commission proposes to
grant a request from the Association of
Home Appliance Manufacturers
(AHAM) seeking an exemption related
to labeling requirements for
refrigerators, refrigerator-freezers, and
freezers (hereinafter referred to as
‘‘refrigerators’’), and clothes washers to
1 44 FR 66466 (Nov. 19, 1979) (Rule’s initial
promulgation).
2 42 U.S.C. 6294. EPCA also requires the
Department of Energy (‘‘DOE’’) to develop test
procedures that measure how much energy
appliances use, and to determine the representative
average cost a consumer pays for different types of
energy.
3 77 FR 15298 (Mar. 15, 2012) (regulatory review).
The Commission currently has two other open
proceedings related to other proposed amendments
for the Rule. See 77 FR 33337 (June 6, 2012)
(proposed changes to furnace and central air
conditioner labels); 76 FR 45715 (Aug. 1, 2011)
(proposed expanded light bulb coverage).
4 16 CFR 305.10.
I. Background
Dated: December 27, 2012.
Daniel J. Basta,
Director for the Office of National Marine
Sanctuaries.
AGENCY:
The Commission proposes to
amend the Appliance Labeling Rule
(‘‘Rule’’) by updating ranges of
comparability and unit energy cost
figures for many EnergyGuide labels.
The Commission also seeks comment on
a proposed exemption request by the
Association of Home Appliance
Manufacturers (AHAM) to help
consumers compare the labels on
refrigerators and clothes washers after
the implementation of upcoming
changes to the Department of Energy
test procedures for those products.
DATES: Comments must be received by
March 1, 2013.
ADDRESSES: Interested parties may file a
comment online or on paper by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Energy Label Ranges,
Matter No. R611004’’ on your comment,
and file your comment online at
https://ftcpublic.commentworks.com/
ftc/energylabelranges 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 U), 600
Pennsylvania Avenue NW., Washington,
DC 20580.
FOR FURTHER INFORMATION CONTACT:
Hampton Newsome, (202) 326–2889,
Attorney, Division of Enforcement,
Bureau of Consumer Protection, Federal
Trade Commission, Room M–8102B,
600 Pennsylvania Avenue NW.,
Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
address recent DOE test procedure
changes.
A. Comparability Range and Energy
Cost Revisions
In accordance with the Rule’s fiveyear schedule for label updates, the
Commission publishes proposed
revisions to the comparability range and
energy cost information for many
products bearing EnergyGuide labels.5
The comparability ranges (i.e., scales)
show the highest and lowest energy
costs or energy efficiency ratings of
models similar to the labeled product.
The Commission derives these ranges
from annual data submitted by
manufacturers.6 In addition, the
Commission is updating the average
energy cost figures (e.g., 12 cents per
kWh) manufacturers must use to
calculate a model’s estimated energy
cost for the label based on national
average cost figures published by DOE.7
To effect these changes, the Commission
proposes amendments to the applicable
tables in the Rule’s appendices.
Manufacturers must begin using this
new information within 90 days after
publication of a final notice in this
proceeding. To aid manufacturers in
transitioning to the new ranges, FTC
staff will provide sample label template
files on its Web site.8
At this time, the Commission does not
propose to alter range and cost
information for EnergyGuide labels on
four product categories (refrigerators,
clothes washers, furnaces and central air
conditioners, and televisions) given
upcoming DOE regulatory changes
applicable to those products.9 Instead,
5 16
CFR 305.10.
addition to revising existing comparability
ranges, the Commission proposes to include a new
range for instantaneous electric water heaters
(Appendix D6).
7 77 FR 29940 (Apr. 26, 2012) (DOE notice for
‘‘Representative Average Unit Costs of Energy’’).
8 The Commission will also update the prototype
and sample labels in the Rule’s appendices to
reflect the new range and cost information as well
as the minor label content changes proposed in this
Notice when it publishes a final rule regarding the
ranges.
9 For refrigerators and clothes washers, as
discussed in Section II.B. below, the Commission
proposes to update range and cost information after
the upcoming implementation of revised DOE
standards and test procedures, which will
significantly change energy use data for those
products. See infra note 19. Similarly, for furnace
and central air conditioner labels, the Commission
recently announced plans to issue range data to
coincide with new DOE efficiency standards
scheduled to become effective next year. 77 FR
33337 (June 6, 2012) (proposed FTC rule). Finally,
for televisions, the Commission will issue revisions
to the television ranges in 16 CFR 305.17 after DOE
adopts a recently proposed test procedure. 77 FR
2830 (Jan. 19, 2012) (proposed DOE test procedure).
The Commission will also establish an annual
reporting schedule for television manufacturers at
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the Commission proposes waiting to
synchronize the changes with the
impending DOE regulations. By doing
so, the Commission would avoid several
label changes in a short time period, a
practice that could confuse consumers
and burden manufacturers.
B. Proposed Revisions and Updates to
Label Content
In addition to the proposed range and
cost updates, the proposed amendments
contain five minor label changes to
simplify and improve the disclosures.
The Commission also seeks comment on
the possible elimination of range
information on television labels.
Finally, the Commission seeks comment
on the potential increase in the
frequency of changes to range and cost
information on all EnergyGuide labels.
First, consistent with recently
implemented FTC labeling requirements
for light bulb and television labels,10 the
proposed rule rounds to the nearest cent
the national average electricity (12 cents
per kWh) and natural gas ($1.06 per
therm) cost figures (in Appendix K)
used to calculate the label’s estimated
annual operating (energy) cost. In the
past, the Rule has expressed these
figures as a fraction of a cent (e.g., 11.85
cents per kWh). A cost figure rounded
to cents should be more familiar to
consumers and should not have any
negative impact on the label’s utility
because any differences in cost from
such rounding will be very small and
apply to all models.11
Second, also consistent with the
recent television and light bulb labeling
requirements, the proposed
amendments further simplify the label’s
cost disclosure by eliminating reference
to the cost rate’s year in § 305.11(f).
Currently, the label identifies the year of
the underlying energy cost rate (e.g.,
‘‘based on a 2007 national average
electricity cost of 10 cents per kWh’’).
This date remains on the label for five
years. For example, labels for a product
that time. EPCA requires annual reporting based on
DOE test procedures. Because no DOE television
test procedure currently exists, the Rule currently
contains no reporting requirements. 42 U.S.C.
6296(b)(4) (FTC annual reporting requirements tied
to DOE test procedure); 16 CFR 305.8 (FTC
reporting requirements). In addition, these
amendments do not affect recently revised labeling
requirements for lighting products. 75 FR 41696
(July 19, 2010). The Rule has separate provisions in
§ 305.15 for energy cost disclosures on lighting
products.
10 75 FR 41696 (July 19, 2010) (light bulbs); 76 FR
1038 (Jan. 6, 2011) (televisions).
11 DOE’s 2012 national average energy cost data
lists electricity at 11.84 cents/kWh. 77 FR 24940
(Apr. 26, 2012) (DOE fuel cost update).
Accordingly, the FTC’s proposed amendments
require manufacturers to use 12 cents/kWh in
calculating energy cost for affected labels.
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introduced in 2011 state that the cost
figure derives from a 2007 national
average. However, because energy rates
can increase and decrease from year to
year, the benefit of disclosing this detail
on the label does not appear significant.
More importantly, this disclosure could
cause confusion. For instance, the
‘‘2007’’ reference in the example above
may incorrectly suggest to some
consumers that the product itself was
produced in 2007. To avoid these
problems, the Commission proposes to
eliminate the reference to the year. The
label would simply read ‘‘based on a
national average electricity cost of
* * *.’’
Third, based on comments in the
ongoing regulatory review for the Rule,
the Commission proposes to include a
new disclosure on room air conditioners
(§ 305.11(f)) explaining that the cost
estimate is based on an assumed 750
hours of operation a year.12 Similar
estimates already appear on other labels
(e.g., four loads per week for
dishwashers and five hours per day for
televisions). This change should help
consumers gauge the product’s
estimated energy cost in the context of
their own use. Fourth, the amendments
replace the term ‘‘operating cost’’ with
‘‘energy cost’’ on EnergyGuide labels for
appliances (§ 305.11(f)). The term
‘‘energy’’ ties the disclosure directly to
the label’s purpose (i.e., disclosing the
product’s energy use) and is consistent
with new labels for televisions and light
bulbs. Finally, the amendments make a
conforming change to the Web site
address on the label, from www.ftc.gov/
appliances to www.ftc.gov/energy.
In addition to these minor changes,
the Commission seeks comment on
whether to retain range information on
television labels.13 In comments related
to the regulatory review of the overall
Rule, the Consumer Electronics
Association (CEA) argued that the
comparability ranges on the
EnergyGuide labels become obsolete
soon after they are issued because the
television market changes so
frequently.14 As a result, the estimated
energy costs for many models fall
12 Joint Comments from Energy-Efficiency and
Consumer Organizations (May 16, 2012) (#560957–
00015) available at https://www.ftc.gov/os/
comments/energylabelamend/00015-83010.pdf.
13 16 CFR 305.17(f).
14 CEA comments (May 16, 2012) (#560957–
00012) available at https://www.ftc.gov/os/
comments/energylabelamend/560957-0001283006.pdf. EPCA grants the Commission discretion
to include (or exclude) range information for
television labels. 42 U.S.C. 6296(c)(9). However,
once DOE issues a final test procedure,
manufacturers will have to submit energy data
whether or not the label displays a range. 42. U.S.C.
6296(b)(4).
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Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
outside the range depicted on the label,
limiting the label’s utility. CEA also
noted that, in lieu of the ranges on
labels, consumers can rely on other
sources, including consumer and trade
publications and product reviews, to
obtain comparative energy information
for televisions. In response, the
Commission seeks comment on whether
to eliminate range information from
future updates of the television label.
Comments should address whether
range information is useful, whether the
model’s energy cost information
provides an adequate comparative tool
for consumers shopping in stores and
online, and whether there are sufficient
alternatives to provide comparability
information to consumers.
Finally, the Commission seeks
comment on whether to update range
and cost information more frequently
than every five years.15 In comments on
the regulatory review, several energyefficiency organizations suggested that
the FTC follow a three-year schedule to
update national average energy cost
figures and the comparison ranges for
most products. They also recommended
a two-year schedule for products with
rapidly changing efficiencies and
quicker sell-through periods, such as
televisions.16 The commenters argued
that the current schedule fails to keep
pace with efficiency improvements of
new models. Similarly, in their view,
the five-year schedule does not update
the label’s average cost figures
frequently enough. In support of these
observations, the commenters noted
recent dishwasher market changes
brought on by new DOE standards as
well as an approximately 10% increase
in national average electricity costs over
the last few years.
In establishing the five-year schedule,
the Commission recognized the
potential benefits of more frequent
changes to cost and range information.17
However, the Commission concluded
that the need for consistent label
information is paramount and, on
balance, deserves greater weight than
the need for more frequent updates. In
doing so, the Commission focused on
the need to minimize frequent label
changes, noting that inconsistent cost
and range information for competing
models in showrooms and catalogs can
lead to consumer confusion and a lack
of confidence in the label. In the
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15 16
CFR 305.10(a).
Comments from Energy-Efficiency and
Consumer Organizations (May 16, 2012) (#560957–
00015) available at https://www.ftc.gov/os/
comments/energylabelamend/00015-83010.pdf.
17 72 FR 49948, 49959 (Aug. 29, 2007)
(rulemaking on effectiveness of the EnergyGuide
label).
16 Joint
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Commission’s view, the five-year
schedule strikes a reasonable balance
between maintaining consistent
disclosures and providing frequent
updates. Accordingly, the Commission
is not proposing to change the current
schedule. However, the Commission
seeks further comment on whether it
should adopt the commenters’
suggestions to implement a three-year
schedule.
C. Proposed Conditional Exemption for
Refrigerators and Clothes Washers
In response to a request from the
Association of Home Appliance
Manufacturers (AHAM),18 the
Commission proposes a conditional
exemption and rule amendments for
refrigerators and clothes washers. New
DOE testing procedures for these
products, issued in conjunction with
new efficiency standards, change the
methods for calculating a model’s
energy use and, as a result, will trigger
substantial changes to the energy
information disclosed on EnergyGuide
labels.19 To aid consumers in their
comparison shopping during this
transition, the Commission proposes a
distinct label for models tested under
the new DOE procedure to be used both
during this transition and afterward. In
addition, the Commission proposes to
allow manufacturers to begin labeling
new models using the new DOE test
procedures several months before the
DOE compliance dates to ease the
burden associated with transition to the
new test procedures.20
AHAM submitted its request in
anticipation of upcoming DOE energy
conservation standards and test
procedures for refrigerators (effective on
September 15, 2014) and clothes
washers (effective on March 7, 2015).
The new, more stringent conservation
standards will render a substantial
portion of existing refrigerator and
clothes washer models obsolete. In
addition, the updated test procedures
will yield substantially different results
than the current ones. According to
18 AHAM comments (July 17, 2012) (#560957–
00023) at https://www.ftc.gov/os/comments/
energylabelamend/00023-83190.pdf and (Sept. 11,
2012) (#560957–00025) at https://www.ftc.gov/os/
comments/energylabelamend/560957-0002584112.pdf.
19 76 FR 57516 (Sept. 15, 2011) (refrigerator
standards); 77 FR 3559 (Jan. 25, 2012) (refrigerator
test procedure); 77 FR 32308 (May 31, 2012)
(clothes washer standards); 77 FR 13888 (Mar. 7,
2012) (clothes washer test procedure). DOE rules
require compliance with the new test procedures
for all refrigerators by September 15, 2014 and for
all clothes washers by March 7, 2015.
20 The Commission issued similar modifications
in 2003 for clothes washer labels in response to
changes in the DOE test procedure. 68 FR 23584
(May 5, 2003).
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AHAM, the new refrigerator test
procedure will increase the measured
energy use of refrigerators by
approximately 14%, though the increase
will vary between product classes,
manufacturers, and even individual
models.21 In addition, the new clothes
washer test procedure bases annual
energy use estimates on 295 cycles per
year (approximately six per week),
instead of the current 392 cycles
(approximately eight per week), thus
reducing stated energy costs on the
EnergyGuide labels by about 25%.22
AHAM notes that after manufacturers
start to test their products using the new
procedures, showrooms and Web sites
will contain some models tested under
the old procedure and others tested
under the new one. In AHAM’s view,
the resulting mix of EnergyGuide labels
could severely hamper consumers in
making fair product comparisons.
To help facilitate the transition to the
new efficiency standards and to aid
shoppers who compare products during
this period, AHAM proposed two
measures. First, it seeks permission to
use the new DOE tests for labeling
models introduced prior to DOE’s
compliance dates. Second, it
recommends different, transitional
EnergyGuide labels for these models, to
help consumers distinguish products
tested under the new procedure from
those tested under the old one.
Specifically, AHAM proposes that new
labels contain blue (cyan) text and
include the statement: ‘‘Blue
EnergyGuide Compares Only to Other
Models with Blue EnergyGuides (due to
new U.S. Government requirements).’’ 23
AHAM’s members want to begin using
the new test procedures and transitional
labels for models introduced after
January 1, 2014 for refrigerators, and
June 1, 2014 for clothes washers. AHAM
also requested that the Commission
continue to require this modified label
for products tested under the new
procedure until DOE makes another
substantial change to the test procedure
in the future.
AHAM contends that these proposals
will reduce burdens associated with
upcoming regulatory changes, avoid
21 AHAM comments (May 16, 2012) (#560957–
0013) at https://www.ftc.gov/os/comments/
energylabelamend/00013-83038.pdf.
22 See 77 FR 13888, 13933 (Mar. 7, 2012) (DOE
clothes washer test procedure). The new DOE test
procedure also includes the cost of energy
consumed in non-active wash modes.
23 AHAM comments (Sept. 11, 2012) (#560957–
00025) at https://www.ftc.gov/os/comments/
energylabelamend/560957-00025-84112.pdf. In
those comments, AHAM also recommended that the
Commission omit a comparability range scale from
the label until data from the new test procedures
becomes available.
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consumer confusion, and encourage
early introduction of high-efficiency
models. The Commission generally
agrees. The proposal should reduce
burdens by allowing refrigerator and
clothes washer manufacturers to roll out
new high-efficiency models well before
the DOE compliance date and thus
avoid the logistical complications
associated with designing, producing,
and testing many models at the same
time.24 In addition, using transitional
labels will avoid the display of a
misleading mix of test results on
EnergyGuide labels. Lastly, early
compliance will provide an incentive
for manufacturers to introduce models
that meet the more stringent energy
standards sooner, thus providing
consumers with more high-efficiency
choices.25
Therefore, the Commission proposes
to exempt manufacturers from certain
EnergyGuide testing and labeling
requirements for new refrigerator and
clothes washer models introduced
before DOE’s compliance dates.
Specifically, the Commission proposes
to grant a conditional exemption from
the Rule’s requirement that, for
purposes of the EnergyGuide label,
manufacturers use the estimated annual
energy consumption derived from the
test procedures presently required by
DOE.26 By granting the requested
exemption, the Commission would
allow manufacturers to begin using the
results of DOE’s new procedures and
provide those results on EnergyGuide
labels several months before the DOE
compliance date.
The Commission proposes to grant
this exception, but only to the extent
required to allow manufacturers 27 to
use the new test procedures on
refrigerator (including refrigerators,
refrigerator-freezers, and freezers) and
clothes washer models manufactured
after January 1, 2014 (for refrigerators)
and June 1, 2014 (for clothes washers).
If a manufacturer continues to use the
current test results for a particular
model until the new procedures take
effect, September 15, 2014 (for
refrigerators) and March 7, 2015 (for
clothes washers), it must continue to
use the current label for that model up
until those dates. Manufacturers would
remain obligated to comply with all
other Rule requirements. The
Commission proposes to grant this
exemption on the following additional
conditions:
(1) For models manufacturers choose
to test and label under the exemption,
manufacturers must follow the new
DOE test procedures in 10 CFR Part 430,
Subpart B, Appendix A (refrigerators)
and Appendix J2 (clothes washers) to
determine the energy use figures printed
on EnergyGuide labels; 28
(2) For all such models,
manufacturers must use EnergyGuide
labels, as illustrated in Figures 1 and 2
of this Notice, with the energy cost and
electricity use figures in yellow text
framed by block boxes and containing
the statement ‘‘Compare to other labels
with yellow numbers. Appliances that
have labels with black numbers were
tested differently to estimate cost and
electricity used.’’ 29
(3) For all such models,
manufacturers must print the estimated
energy cost on the label above the center
of the comparability range, and the
following statement must appear
directly below the range: ‘‘Cost Range
Not Available,’’ as illustrated in Figures
1 and 2 of this Notice; 30
(4) For all such models, the label must
state that the estimated energy cost is
based on a national average electricity
cost of 12 cents per kWh; and
(5) For all such clothes washer
models, the label must state that the
estimated energy cost is based on six
wash loads per week and, as discussed
below, must provide capacity in cubic
feet.31
Second, to ensure consistency in
labeling following the exemption
period, the Commission proposes to
amend the Rule at §§ 305.5(a) and
305.11 to require these new labels, as
described in the five conditions above,
after the test procedure transition. Thus,
the new labels would apply to all
refrigerators and clothes washers
distributed on, or after, the DOE new
test procedure compliance dates
(September 15, 2014 for refrigerators
and March 7, 2015 for clothes washers).
This change should reduce consumer
confusion in viewing labels that look
alike but contain differently-calculated
information.32 The Commission
proposes to maintain this new label
until DOE further amends the test
procedures in the future beyond 2015.
At that time, the Commission will
consider changes to the label. In
addition, once the Commission receives
product data reflecting new and existing
models tested under the new DOE
procedures, it would issue new
comparability ranges for those products.
The Commission seeks comment on
the proposed exemption and associated
amendments. In particular, the
Commission requests input on whether
the different results from the new and
old DOE test procedures are significant
enough to warrant the proposed label
modifications. In addition, the
Commission seeks comment on whether
the proposed label changes are
appropriate and will help consumers in
their purchasing decisions. In
particular, commenters should address
whether the proposed labels will
effectively communicate to consumers
that they should not compare the old
and new labels. In addition,
commenters should identify any
alternative disclosures or label design
24 To facilitate the early introduction of these
higher-efficiency models, DOE has announced that
manufacturers may certify these models with DOE
using the new test procedures, thus relieving them
from having to test new models under both the old
and new test procedures during the transition
period. On June 29, 2012, DOE issued guidance
permitting early compliance with new or amended
test procedures and standards. See https://
www1.eere.energy.gov/buildings/
appliance_standards/pdfs/tp_faq_2012-06-29.pdf.
Thus, in DOE’s view, manufacturers may begin
using the new test procedures before the dates
specified for compliance.
25 AHAM also requested guidance on whether
manufacturers must change model numbers for
products during the DOE transition period. Unless
the manufacturer modifies the model in a way that
affects its energy performance, the Commission
does not recommend changing model numbers
during the transition.
26 16 CFR 305.5(a) and 305.11(a) (FTC testing and
labeling); see also 10 CFR Part 430 (DOE test
procedures).
27 Consistent with the Rule’s requirements, the
proposed exemption applies to both manufacturers
and private labelers.
28 Manufacturers also may use the new test
procedures for labeling existing products during
this period, but must follow all conditions of this
exemption in doing so.
29 The Commission does not propose a cyan
(blue) label as suggested by AHAM because cyan
text on yellow background would be difficult to
read, especially for smaller text. In addition, the
cyan ink could cause confusion with regard to
ENERGY STAR certification given that cyan is the
color commonly used for ENERGY STAR logos. By
retaining the yellow and black format, the proposed
label will not change the printing cost associated
with the labels.
30 The Commission will publish range
information for the new labels once energy data
becomes available for refrigerators and clothes
washers tested under the new procedure, most
likely in 2015.
31 The new DOE test procedure changes the
estimated weekly clothes washer cycles from 8 to
6. 77 FR 13888 (DOE clothes washer test
procedure).
32 To avoid confusion associated with the
multiple rule amendments and effective dates
covered by this Notice, the Commission has not
included formal proposed rule language for the
transitional labels. However, this Notice contains a
full description of the proposal, including sample
labels. In addition, the minor label changes
proposed in section II.B. (i.e., fuel rates to the
nearest cent and the use of ‘‘energy cost’’ instead
of ‘‘operating cost’’) would not be required for
refrigerator and clothes washer labels until the new
DOE test procedure compliance dates. (September
15, 2014 for refrigerators and March 7, 2015 for
clothes washers).
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features that would be more effective
than the proposed labels.
BILLING CODE 6750–01–P
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FIGURE 1 - PROPOSED TRANSITIONAL REFRIGERATOR-FREEZER LABEL
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FIGURE 2 - PROPOSED TRANSITIONAL CLOTHES WASHER LABEL
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D. Additional Refrigerator and Clothes
Washer Issues
In addition to the exemption request
for a transitional label, the Commission
has considered the following three
issues related to refrigerators and
clothes washers raised in response to
the regulatory review notice: Changes to
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refrigerator range categories; disclosures
for refrigerator models with optional
icemakers; and capacity information for
clothes washers.33
Refrigerator Comparability Range
Categories: The current rule organizes
refrigerator comparability ranges by
product configuration (e.g., models with
top-mounted freezers) in Appendices
A1–A8. The current requirements
designate eight separate range categories
for refrigerator models and three for
33 The Commission plans to consider other
outstanding issues from the regulatory review at a
later date.
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freezer models.34 These ranges disclose
the energy costs associated with the
most and least efficient models in a
particular category. Specifically, for
automatic-defrost refrigerator freezers,
which typically populate the bulk of
showroom floors, the Rule contains five
categories (or styles): Side-by-side door
models with and without through-thedoor ice service; top-mounted freezer
models with and without through-thedoor ice service; and bottom-mounted
freezer models. The Rule also has ranges
for less common models including those
with manual and partial defrost models,
and refrigerator-only models.35 These
categories allow consumers to compare
the energy use of similarly configured
refrigerators.
Several energy-efficiency and
consumer groups urged the Commission
to consolidate the comparability ranges
into a single range covering all
configurations.36 They reasoned one
range would allow consumers to
compare a product’s energy
performance against all other models.
AHAM opposed this approach, arguing
that consolidation of the ranges for
different configurations would cast
fully-featured products that use more
energy in an unfavorable light. AHAM
also pointed to data suggesting that
consumers usually replace their existing
refrigerators with similarly configured
models. AHAM acknowledged,
however, that it had no detailed
information directly addressing whether
consumers shop with a specific
configuration in mind. It concluded
that, without clear data on consumer
shopping habits, the Commission
should refrain from changing the
current ranges.37
The Commission does not propose
any changes at this time. Without
further opportunity for comment on a
proposal and more information about
consumer buying habits, the
Commission is reluctant to alter existing
requirements.38 Once DOE’s new
34 The Rule further divides each model category
into several size classes (e.g., 19.5 to 21.4 cubic
feet), each with its own comparability range.
35 See 16 CFR part 305, Appendices A and B.
36 Joint Comments from Energy-Efficiency and
Consumer Organizations (May 16, 2012) (#560957–
00015) available at https://www.ftc.gov/os/
comments/energylabelamend/00015–83010.pdf.
37 AHAM comments (Sept. 11, 2012) (#560957–
00025) available at https://www.ftc.gov/os/
comments/energylabelamend/560957–00025–
84112.pdf.
38 The consolidation of ranges also could cause
conflicts and confusion with regard to the ENERGY
STAR system, which sets efficiency levels based on
different refrigerator configurations. For example,
ENERGY STAR-qualified side-by-side door models
are highly efficient compared to other side-by-side
models but not necessarily compared to all other
refrigerator-freezers. Therefore, if the comparison
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standards become effective, the
Commission will examine new range
data from models on the market and
consider whether to propose changes to
the range categories.
Refrigerator Models with Optional
Icemakers: Currently, refrigerator labels
do not reflect icemaker energy
consumption because the current DOE
test procedure does not measure a
model’s icemaker operation. However,
because the new DOE procedures will
account for icemakers, the new labels
will now include icemaker energy
consumption for those products.39
In light of this change, AHAM has
raised concerns about labeling for socalled ‘‘kitable’’ refrigerator models (i.e.,
models that can be fitted with an
icemaker before or after purchase).40
The new DOE rules divide these
products into categories (i.e., units with
pre-installed icemakers and units
without). Thus, each category will have
its own EnergyGuide labels reflecting
different levels of energy use. In
comments to the Commission, AHAM
has suggested that all ‘‘kitable’’
refrigerator labels disclose the energy
use of the model shipped without the
optional icemaker to avoid overstating
energy costs for models that may never
have an icemaker. In addition, AHAM
suggests additional label language to
inform retailers and consumers that the
addition of an icemaker will increase
the model’s energy costs.
The Commission agrees that this
proposal merits consideration. However,
DOE plans to examine its designation of
these models and thus may provide
guidance that addresses AHAM’s
concerns.41 Accordingly, the
Commission does not plan to impose
any additional testing-related
disclosures for these products until DOE
has completed its deliberations.
Clothes Washer Capacity: In initiating
the Rule’s regulatory review, the
Commission proposed to require
specific capacity information in cubic
feet on EnergyGuide labels for clothes
washers.42 The Commission seeks
additional comments on this issue.
range on the EnergyGuide label included all
configurations, some ENERGY STAR designated
models will be higher on the cost range than some
non-ENERGY STAR models. Before making any
changes, the Commission needs to explore the
overall costs and benefits of such a change.
39 16 CFR 305.5 (FTC testing rules); 10 CFR Part
430, Subpart B, Appendix A (DOE refrigerator
tests).
40 AHAM comments (May 16, 2012, and October
31, 2012) at https://www.ftc.gov/os/comments/
energylabelamend/00013-83038.pdf.
41 77 FR at 3569 (DOE notice on refrigerator
testing).
42 77 FR at 15302 (proposing to amend 16 CFR
305.7(g) to include clothes washer capacity on the
label).
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Current EnergyGuide labels indicate
whether the model is ‘‘standard’’ or
‘‘compact,’’ but do not specify volume
(e.g., 3.5 cubic feet). In the current
market, most models fall into the broad
‘‘standard’’ size class (i.e., models with
tub capacities greater than 1.6 cubic
feet), but actual capacity among models
varies significantly. Thus, the general
capacity disclosure provides little
assistance to consumers in
distinguishing washer size. A specific
capacity disclosure on the label should
help consumers make important
product comparisons. It would also
complement recent DOE and industry
efforts to ensure uniformity in capacity
disclosures, which would provide
consumers with usable information
whether they are looking at
EnergyGuide labels, manufacturer
advertising, or DOE certification data.43
AHAM objected to the Commission’s
proposal, arguing that it will greatly
increase the number of labels
manufacturers have to produce.
According to AHAM, many washer
models with different capacities have
the same energy cost. Manufacturers
currently print one label for such
appliances. AHAM contended that the
Commission’s proposal would prevent
this cost-savings. AHAM also argued
consumers can access capacity
information through other sources. In
addition, it observed that industry
members have already taken steps to
ensure consistency in washer capacity
claims. Thus, in AHAM’s view, the
Commission’s proposal addresses a
problem that no longer exists. In
contrast, PG&E supported the specific
capacity disclosure proposed in the
regulatory review notice, suggesting it
might ‘‘prompt consumers to think more
critically about the utility of different
sized washers, and also [their]
associated energy and water
requirements.’’ 44
The Commission continues to believe
that detailed capacity information will
help consumers in their purchasing
decisions. The presence of capacity
information allows consumers easily to
consider the size and energy cost of
models as they compare products in
showrooms and Web sites, without
repeatedly crosschecking washer
capacity disclosed elsewhere in
specifications and other marketing
material. In addition, this approach is
consistent with the EnergyGuide labels
43 See 75 FR 57556, 57575 (Sept. 21, 2010) (DOE
clothes washer notice) and https://www.aham.org/
ht/a/GetDocumentAction/i/51727.
44 Pacific Gas and Electric Company (PG&E)
comments (May 15, 2012) (#00009) at https://
www.ftc.gov/os/comments/energylabelamend/
00009-82974.pdf.
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for most other covered products, which,
among other things, allow consumers to
gauge a model’s energy cost against its
size. Moreover, data for clothes washers
certified to DOE suggests that the
proposed change would require new
labels for a small fraction of models.45
Accordingly, it seems unlikely that the
proposal would impose a substantial
burden on manufacturers. The
Commission seeks further comment on
its proposal to require clothes washer
capacity disclosures on the label.
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III. 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 labeling
requirements. Please provide
explanations for your answers and
supporting evidence where appropriate.
In addition, the Commission notes that
it has accepted several late comments in
its ongoing regulatory review
proceeding.46 To ensure that parties
have an opportunity to address issues
raised in those submissions, the
Commission invites comments on any
open issue in the regulatory review
proceeding in addition to those issues
raised in the present notice. Interested
persons should follow the instructions
below for filing any such comments on
the regulatory review. 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 March 1, 2013. Interested parties are
invited to submit written comments
electronically or in paper form.
Comments should refer to ‘‘Energy Label
Ranges, Matter No. R611004’’ 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;
45 See DOE clothes washer data at https://
www.regulations.doe.gov/ccms/.
46 44 FR 66466 (Nov. 19, 1979) (regulatory review
notice). The late comments are available at https://
www.ftc.gov/os/comments/energylabelamend/
index.shtm and include: AHAM (July 17, 2012,
Sept. 12, 2012, and Oct. 31, 2012), Earthjustice
(Dec. 3, 2012), Fanimation (July 17, 2012), Miele
Inc. (Sept. 20, 2012), and Progress Lighting (June 25,
2012).
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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
trade 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). 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/
energylabelranges (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/
ftc/energylabelranges. 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 Energy Label Ranges,
Matter No. R611004 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 U), 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://
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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 February 1, 2013,
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.
IV. Paperwork Reduction Act
The current Rule contains
recordkeeping, disclosure, testing, and
reporting requirements that constitute
information collection requirements as
defined by 5 CFR 1320.3(c), the
definitional provision within the Office
of Management and Budget (OMB)
regulations that implement the
Paperwork Reduction Act (PRA). OMB
has approved the Rule’s existing
information collection requirements
through Jan. 31, 2014 (OMB Control No.
3084 0069). The proposed amendments
do not change the substance or
frequency of the recordkeeping,
disclosure, or reporting requirements
and, therefore, do not require further
OMB clearance.
V. Regulatory Flexibility Act
The provisions of the Regulatory
Flexibility Act relating to a Regulatory
Flexibility Act analysis (5 U.S.C. 603–
604) are not applicable to this
proceeding because the amendments do
not impose any new obligations on
entities regulated by the Appliance
Labeling Rule. As explained in detail
elsewhere in this document, the
proposed exemption and amendments
do not significantly change the
substance or frequency of the
recordkeeping, disclosure, or reporting
requirements. Thus, the amendments
will not have a ‘‘significant economic
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impact on a substantial number of small
entities.’’ 5 U.S.C. 605. The Commission
has concluded, therefore, that a
regulatory flexibility analysis is not
necessary, and certifies, under Section
605 of the Regulatory Flexibility Act (5
U.S.C. 605(b)), that the amendments
announced today will not have a
significant economic impact on a
substantial number of small entities.
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 in the
preamble, the Commission proposes to
amend 16 CFR part 305 as follows:
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:
■
§ 305.11 Labeling for refrigerators,
refrigerator-freezers, freezers, dishwashers,
clothes washers, water heaters, room air
conditioners, and pool heaters.
Authority: 42 U.S.C. 6294.
2. In § 305.7, revise paragraph (g) to
read as follows:
■
§ 305.7
*
Determinations of capacity.
*
*
*
*
*
(g) Clothes washers. The capacity
shall be the tub capacity as determined
according to Department of Energy test
procedures in 10 CFR part 430, subpart
B, expressed in the terms of volume in
cubic feet and the designations of
‘‘standard’’ or ‘‘compact’’ as determined
pursuant to those regulations.
*
*
*
*
*
■ 3. In § 305.10, revise paragraphs (a)
and (b) to read as follows:
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§ 305.10 Ranges of comparability on the
required labels.
(a) Range of estimated annual energy
costs or energy efficiency ratings. The
range of estimated annual operating
costs or energy efficiency ratings for
each covered product (except
televisions, fluorescent lamp ballasts,
lamps, showerheads, faucets, water
closets and urinals) shall be taken from
the appropriate appendix to this part in
effect at the time the labels are affixed
to the product. The Commission shall
publish revised ranges in the Federal
Register in 2017. When the ranges are
revised, all information disseminated
after 90 days following the publication
of the revision shall conform to the
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revised ranges. Products that have been
labeled prior to the effective date of a
modification under this section need
not be relabeled.
(b) Representative average unit energy
cost. The Representative Average Unit
Energy Cost to be used on labels as
required by § 305.11 and disclosures as
required by § 305.20 are listed in
appendix K to this part, except the
electricity and gas cost to be used on
labels for refrigerators, refrigeratorfreezers, and freezers distributed before
September 15, 2014 and labels for
clothes washers distributed before
March 7, 2015 shall be 10.65 cents per
kWh and 1.218 dollars per therm. The
Commission shall publish revised
Representative Average Unit Energy
Cost figures in the Federal Register in
2017. When the cost figures are revised,
all information disseminated after 90
days following the publication of the
revision shall conform to the new cost
figure.
*
*
*
*
*
■ 4. In § 305.11, revise paragraphs (f)(5)
and (9) and redesignate paragraphs
(f)(11) and (12) as paragraphs (f)(10) and
(11), respectively.
The revisions read as follows:
*
*
*
*
(f) * * *
(5) Estimated annual operating costs
for refrigerators, refrigerator-freezers,
freezers, clothes washers, dishwashers,
room air conditioners, and water heaters
are as determined in accordance with
§§ 305.5 and 305.10 of this part.
Thermal efficiencies for pool heaters are
as determined in accordance with
§ 305.5. Labels for clothes washers and
dishwashers must disclose estimated
annual operating cost for both electricity
and natural gas as illustrated in the
sample labels in appendix L.
*
*
*
*
*
(9) Labels must contain a statement
explaining information on the label as
illustrated in the prototype labels in
appendix L and specified as follows by
product type:
(i) For refrigerators, refrigeratorfreezers, and freezers, the statement will
read as follows (fill in the blanks with
the appropriate year and energy cost
figures):
Your costs will depend on your utility
rates and use.
[Insert statement required by
§ 305.11(f)(9)(ii)].
Estimated energy cost is based on a
national average electricity cost of ll
cents per kWh.
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For more information, visit
www.ftc.gov/energy.
(ii) For refrigerators, refrigeratorfreezers, and freezers, the following
sentence shall be included as part of the
statement required by § 305.11(f)(9)(i):
(A) For models covered under
appendix A1, the sentence shall read:
Cost range based only on models of
similar capacity with automatic defrost.
(B) For models covered under
appendix A2, the sentence shall read:
Cost range based only on models of
similar capacity with manual defrost.
(C) For models covered under
appendix A3, the sentence shall read:
Cost range based only on models of
similar capacity with partial automatic
defrost.
(D) For models covered under
appendix A4, the sentence shall read:
Cost range based only on models of
similar capacity with automatic defrost,
top-mounted freezer, and without
through-the-door ice.
(E) For models covered under
appendix A5, the sentence shall read:
Cost range based only on models of
similar capacity with automatic defrost,
side-mounted freezer, and without
through-the-door ice.
(F) For models covered under
appendix A6, the sentence shall read:
Cost range based only on models of
similar capacity with automatic defrost,
bottom-mounted freezer, and without
through-the-door ice.
(G) For models covered under
appendix A7, the sentence shall read:
Cost range based only on models of
similar capacity with automatic defrost,
top-mounted freezer, and through-thedoor ice.
(H) For models covered under
appendix A8, the sentence shall read:
Cost range based only on models of
similar capacity with automatic defrost,
side-mounted freezer, and through-thedoor ice.
(I) For models covered under
appendix B1, the sentence shall read:
Cost range based only on upright
freezer models of similar capacity with
manual defrost.
(J) For models covered under
appendix B2, the sentence shall read:
Cost range based only on upright
freezer models of similar capacity with
automatic defrost.
(K) For models covered under
appendix B3, the sentence shall read:
Cost range based only on chest and
other freezer models of similar capacity.
(iii) For room air conditioners covered
under appendix E, the statement will
read as follows (fill in the blanks with
the appropriate model type, year, energy
type, and energy cost figure):
Your costs will depend on your utility
rates and use.
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Cost range based only on models [of
similar capacity without reverse cycle
and with louvered sides; of similar
capacity without reverse cycle and
without louvered sides; with reverse
cycle and with louvered sides; or with
reverse cycle and without louvered
sides].
Estimated energy cost is based on a
national average electricity cost of ll
cents per kWh and 750 hours of
operation per year.
For more information, visit
www.ftc.gov/energy.
(iv) For water heaters covered by
Appendices D1, D2, and D3, the
statement will read as follows (fill in the
blanks with the appropriate fuel type,
year, and energy cost figures):
Your costs will depend on your utility
rates and use.
Cost range based only on models of
similar capacity fueled by [natural gas,
oil, propane, or electricity]. Estimated
energy cost is based on a national
average [electricity, natural gas,
propane, or oil] cost of [___ cents per
kWh or $ll per therm or gallon].
For more information, visit
www.ftc.gov/energy.
(v) For instantaneous water heaters
(appendix D4 and D6) and heat pump
water heaters (appendix D5), the
statement will read as follows (fill in the
blanks with the appropriate model type,
the operating cost, the year, and the
energy cost figures):
Your costs will depend on your utility
rates and use.
Cost range based only on
[instantaneous gas water heater or heat
pump water heater] models of similar
capacity. Estimated energy cost is based
on a national average [electricity,
natural gas, or propane] cost of [ll
cents per kWh or $ll per therm or
gallon].
For more information, visit
www.ftc.gov/energy.
(vi) For clothes washers and
dishwashers covered by appendices C1,
C2, F1, and F2, the statement will read
as follows (fill in the blanks with the
appropriate appliance type, the energy
cost, the number of loads per week, the
year, and the energy cost figures):
Your costs will depend on your utility
rates and use.
Cost range based only on [compact/
standard] capacity models.
Estimated energy cost is based on [4
washloads a week for dishwashers, or 6
washloads a week for clothes washers]
and a national average electricity cost of
ll cents per kWh and natural gas cost
of $ll per therm.
For more information, visit
www.ftc.gov/energy.
(vii) For pool heaters covered under
appendices J1 and J2, the statement will
read as follows:
Efficiency range based only on models
fueled by [natural gas or oil].
For more information, visit
www.ftc.gov/energy.
*
*
*
*
*
■ 5. Appendix C1 to Part 305 is revised
to read as follows:
Appendix C1 to Part 305—Compact
Dishwashers
Range Information
‘‘Compact’’ includes countertop
dishwasher models with a capacity of fewer
than eight (8) place settings. Place settings
shall be in accordance with appendix C to 10
CFR part 430, subpart B. Load patterns shall
conform to the operating normal for the
model being tested.
Range of estimated annual
energy costs
(dollars/year)
Capacity
Low
Compact ...................................................................................................................................................................
6. Appendix C2 to Part 305 is revised
to read as follows:
■
Appendix C2 to Part 305—Standard
Dishwashers
Range Information
‘‘Standard’’ includes dishwasher models
with a capacity of eight (8) or more place
High
$18
settings. Place settings shall be in accordance
with appendix C to 10 CFR part 430, subpart
B. Load patterns shall conform to the
operating normal for the model being tested.
Range of estimated annual
energy costs
(dollars/year)
Capacity
Low
Standard ..................................................................................................................................................................
7. Appendices D1 through D5 to Part
305 are revised and Appendix D6 is
added to read as follows:
■
$27
High
$21
$41
Appendix D1 to Part 305—Water
Heaters—Gas
Range Information
Capacity
Range of estimated annual energy costs (dollars/year)
Natural gas ($/year)
Propane ($/year)
First hour rating
srobinson on DSK4SPTVN1PROD with
Low
Less than 21 ....................................................................................................
21 to 24 ............................................................................................................
25 to 29 ............................................................................................................
30 to 34 ............................................................................................................
35 to 40 ............................................................................................................
41 to 47 ............................................................................................................
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*
*
*
*
*
*
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Low
*
*
*
*
*
*
09JAP1
High
*
*
*
*
*
*
*
*
*
*
*
*
1789
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
Capacity
Range of estimated annual energy costs (dollars/year)
Natural gas ($/year)
Propane ($/year)
First hour rating
Low
48 to 55 ............................................................................................................
56 to 64 ............................................................................................................
65 to 74 ............................................................................................................
75 to 86 ............................................................................................................
87 to 99 ............................................................................................................
100 to 114 ........................................................................................................
115 to 131 ........................................................................................................
Over 131 ..........................................................................................................
High
$248
$257
$237
$237
$248
$241
$241
$269
Low
$269
$269
$273
$288
$288
$300
$331
$331
High
$655
$678
$627
$627
$645
$637
$637
$712
$712
$712
$724
$724
$763
$763
$791
$876
* No data submitted.
Appendix D2 to Part 305—Water
Heaters—Electric
Range Information
Capacity
Range of estimated annual
energy costs
(dollars/year)
First hour rating
Low
Less than 21 ............................................................................................................................................................
21 to 24 ....................................................................................................................................................................
25 to 29 ....................................................................................................................................................................
30 to 34 ....................................................................................................................................................................
35 to 40 ....................................................................................................................................................................
41 to 47 ....................................................................................................................................................................
48 to 55 ....................................................................................................................................................................
56 to 64 ....................................................................................................................................................................
65 to 74 ....................................................................................................................................................................
75 to 86 ....................................................................................................................................................................
87 to 99 ....................................................................................................................................................................
100 to 114 ................................................................................................................................................................
115 to 131 ................................................................................................................................................................
Over 131 ..................................................................................................................................................................
High
$567
*
$567
$567
$561
$555
$555
$555
$555
$555
$567
$579
$613
*
$567
*
$567
$573
$573
$599
$599
$585
$599
$613
$620
$651
$635
*
* No data submitted.
Appendix D3 to Part 305—Water
Heaters—Oil
Range Information
Capacity
Range of estimated annual
energy costs
(dollars/year)
First hour rating
Low
Less than 65 ............................................................................................................................................................
65 to 74 ....................................................................................................................................................................
75 to 86 ....................................................................................................................................................................
87 to 99 ....................................................................................................................................................................
100 to 114 ................................................................................................................................................................
115 to 131 ................................................................................................................................................................
Over 131 ..................................................................................................................................................................
* No data submitted.
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Appendix D4 to Part 305—Water
Heaters—Instantaneous—Gas
Range Information
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High
*
*
*
*
$703
$663
$642
*
*
*
*
$808
$856
$856
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Capacity
Range of estimated annual energy costs
(dollars/year)
Capacity (maximum flow rate); gallons per minute
(gpm)
Natural gas ($/year)
Low
Under 1.00 .......................................................................................................
1.00 to 2.00 ......................................................................................................
2.01 to 3.00 ......................................................................................................
Over 3.00 .........................................................................................................
Propane ($/year)
High
$248
$248
$171
$167
Low
$248
$248
$231
$204
High
$655
$627
$499
$435
$655
$627
$609
$532
* No data submitted.
Appendix D5 to Part 305—Water
Heaters—Heat Pump
Range Information
Capacity
Range of estimated annual
energy costs
(dollars/year)
First hour rating
Low
Less than 21 ............................................................................................................................................................
21 to 24 ....................................................................................................................................................................
25 to 29 ....................................................................................................................................................................
30 to 34 ....................................................................................................................................................................
35 to 40 ....................................................................................................................................................................
41 to 47 ....................................................................................................................................................................
48 to 55 ....................................................................................................................................................................
56 to 64 ....................................................................................................................................................................
65 to 74 ....................................................................................................................................................................
75 to 86 ....................................................................................................................................................................
87 to 99 ....................................................................................................................................................................
100 to 114 ................................................................................................................................................................
115 to 131 ................................................................................................................................................................
Over 131 ..................................................................................................................................................................
High
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
* No data submitted.
Appendix D6 to Part 305—Water
Heaters—Instantaneous—Electric
Range Information
Capacity
Range of estimated annual
energy costs
(dollars/year)
Capacity (maximum flow rate); gallons per minute
(gpm)
Low
Under 1.00 ...............................................................................................................................................................
1.00 to 2.00 ..............................................................................................................................................................
2.01 to 3.00 ..............................................................................................................................................................
Over 3.00 .................................................................................................................................................................
High
$532
$532
*
*
$532
$532
*
*
* No data submitted.
8. Appendix E to Part 305 is revised
to read as follows:
■
Appendix E to Part 305—Room Air
Conditioners
Range Information
Range of estimated annual
energy costs
(dollars/year)
Manufacturer’s rated cooling capacity in Btu’s/yr
srobinson on DSK4SPTVN1PROD with
Low
Without Reverse Cycle and with Louvered Sides:
Less than 6,000 Btu .........................................................................................................................................
6,000 to 7,999 Btu ............................................................................................................................................
8,000 to 13,999 Btu ..........................................................................................................................................
14,000 to 19,999 Btu ........................................................................................................................................
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High
$42
$50
$66
$117
$48
$72
$115
$195
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Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
Range of estimated annual
energy costs
(dollars/year)
Manufacturer’s rated cooling capacity in Btu’s/yr
Low
20,000 and more Btu ........................................................................................................................................
Without Reverse Cycle and without Louvered Sides:
Less than 6,000 Btu .........................................................................................................................................
6,000 to 7,999 Btu ............................................................................................................................................
8,000 to 13,999 Btu ..........................................................................................................................................
14,000 to 19,999 Btu ........................................................................................................................................
20,000 and more Btu ........................................................................................................................................
With Reverse Cycle and with Louvered Sides .................................................................................................
With Reverse Cycle, without Louvered Sides ..................................................................................................
High
$169
$382
*
$56
$73
$140
*
$71
$89
*
$72
$138
$166
*
$225
$126
* No data submitted.
9. Appendices J1 and J2 to part 305
are revised to read as follows:
Appendix J1 to Part 305—Pool
Heaters—Gas
■
Range Information
Range of thermal efficiencies
(percent)
Manufacturer’s rated heating capacities
Natural gas
Low
All capacities ....................................................................................................
Propane
High
78.2
Low
95.0
High
78.2
95.0
Appendix J2 to Part 305—Pool
Heaters—Oil
Range Information
Range of thermal efficiencies
(percent)
Manufacturer’s rated heating capacities
Low
All capacities ............................................................................................................................................................
High
*
*
* No data submitted.
10. Appendix K to part 305 is revised
to read as follows:
■
Appendix K to Part 305—
Representative Average Unit Energy
Costs
This Table contains the representative unit
energy costs that must be utilized to calculate
estimated annual energy cost disclosures
required under §§ 305.11 and 305.20. This
Table is based on information published by
the U.S. Department of Energy in 2012.
Unless otherwise indicated by the
Commission, this table will be revised in
2017.
UNIT COSTS OF ENERGY FOR USE ON ENERGYGUIDE LABELS REQUIRED BY § 305.11
Electricity ................................................................................................................................
Natural Gas ............................................................................................................................
No. 2 heating oil ....................................................................................................................
12.00¢/kWh 2,3
$1.06/therm 4
$10.59/MCF 5,6
$4.04/gallon 7
Propane .................................................................................................................................
$2.56/gallon 8
Kerosene ................................................................................................................................
srobinson on DSK4SPTVN1PROD with
As required by
DOE test
procedure
In commonly
used terms
Type of energy
$4.35/gallon 9
$.1200/kWh
$0.00001035/
Btu
$0.00002912/
Btu
$0.00002803/
Btu
$0.00003222/
Btu
1 Btu stands for British thermal unit.
2 kWh stands for kiloWatt hour.
31
41
kWh = 3,412 Btu.
therm = 100,000 Btu. Natural gas prices include taxes.
5 MCF stands for 1,000 cubic feet.
6 For the purposes of this table, 1 cubic foot of natural gas has an energy equivalence of 1,023 Btu.
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Dollars per
million Btu 1
$34.70
$10.35
$29.12
$28.03
$32.22
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Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules
7 For
the purposes of this table, 1 gallon of No. 2 heating oil has an energy equivalence of 138,690 Btu.
the purposes of this table, 1 gallon of liquid propane has an energy equivalence of 91,333 Btu.
9 For the purposes of this table, 1 gallon of kerosene has an energy equivalence of 135,000 Btu.
8 For
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2013–00113 Filed 1–8–13; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2012–0150]
RIN 1625–AA08
Special Local Regulations, Stuart
Sailfish Regatta, Indian River; Stuart,
FL
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish special local regulations on
the Indian River located northeast of
Ernest F. Lyons Bridge and south of Joes
Cove, in Stuart, Florida during the
Stuart Sailfish Regatta, a series of highspeed boat races. The Stuart Sailfish
Regatta will take place from Friday,
April 19, 2013 through Sunday, April
21, 2013. Approximately 150 high-speed
power boats will be participating in the
event. It is anticipated that at least 100
spectator vessels will be present during
the race. These special local regulations
are necessary for the safety of race
participants, participant vessels,
spectators and the general public during
the event. The special local regulations
establish the following three areas: a
race area, where all persons and vessels,
except those persons and vessels
participating in the high-speed boat
races, are prohibited from entering,
transiting through, anchoring in, or
remaining within; a buffer zone around
the race area, where all persons and
vessels, except those persons and
vessels enforcing the buffer zone, or
authorized participants or vessels
transiting to the race area, are prohibited
from entering, transiting through,
anchoring in, or remaining within; and
a spectator area.
DATES: Comments and related material
must be received by the Coast Guard on
or before February 8, 2013.
Requests for public meetings must be
received by the Coast Guard on or before
February 8, 2013.
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SUMMARY:
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You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Junior Grade Mike H.
Wu, Sector Miami Prevention
Department, Coast Guard; telephone
(305) 535–7576, email
Mike.H.Wu@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number USCG–2012–0150 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on ‘‘Submit a Comment’’ on the
line associated with this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
Table of Acronyms
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number USCG–2012–0150 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this rulemaking. You
may also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
ADDRESSES:
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
PO 00000
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2. Viewing Comments and Documents
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
E:\FR\FM\09JAP1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Proposed Rules]
[Pages 1779-1792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00113]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 305
[3084-AB15]
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 and Proposed Conditional Exemption.
-----------------------------------------------------------------------
SUMMARY: The Commission proposes to amend the Appliance Labeling Rule
(``Rule'') by updating ranges of comparability and unit energy cost
figures for many EnergyGuide labels. The Commission also seeks comment
on a proposed exemption request by the Association of Home Appliance
Manufacturers (AHAM) to help consumers compare the labels on
refrigerators and clothes washers after the implementation of upcoming
changes to the Department of Energy test procedures for those products.
DATES: Comments must be received by March 1, 2013.
ADDRESSES: Interested parties may file a comment online or on paper by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``Energy Label Ranges,
Matter No. R611004'' on your comment, and file your comment online at
https://ftcpublic.commentworks.com/ftc/energylabelranges 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 U), 600 Pennsylvania Avenue NW., Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326-2889,
Attorney, Division of Enforcement, Bureau of Consumer Protection,
Federal Trade Commission, Room M-8102B, 600 Pennsylvania Avenue NW.,
Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
I. Background
The Commission issued the Appliance Labeling Rule (``Rule'') in
1979,\1\ in response to a directive in the Energy Policy and
Conservation Act of 1975 (EPCA).\2\ The Rule requires energy labeling
for major home appliances and other consumer products, to help
consumers compare competing models. When first published, the Rule
applied to eight categories: refrigerators, refrigerator-freezers,
freezers, dishwashers, water heaters, clothes washers, room air
conditioners, and furnaces. The Commission subsequently expanded the
Rule's coverage to include central air conditioners, heat pumps,
plumbing products, lighting products, ceiling fans, and televisions.
The Commission is currently conducting a regulatory review of the
Rule.\3\
---------------------------------------------------------------------------
\1\ 44 FR 66466 (Nov. 19, 1979) (Rule's initial promulgation).
\2\ 42 U.S.C. 6294. EPCA also requires the Department of Energy
(``DOE'') to develop test procedures that measure how much energy
appliances use, and to determine the representative average cost a
consumer pays for different types of energy.
\3\ 77 FR 15298 (Mar. 15, 2012) (regulatory review). The
Commission currently has two other open proceedings related to other
proposed amendments for the Rule. See 77 FR 33337 (June 6, 2012)
(proposed changes to furnace and central air conditioner labels); 76
FR 45715 (Aug. 1, 2011) (proposed expanded light bulb coverage).
---------------------------------------------------------------------------
The Rule requires manufacturers to attach yellow EnergyGuide labels
on many of these products, and prohibits retailers from removing the
labels or rendering them illegible. In addition, the Rule directs
sellers, including retailers, to post label information on Web sites
and in paper catalogs from which consumers can order products.
EnergyGuide labels for covered appliances must contain three key
disclosures: estimated annual energy cost (for most products); a
product's energy consumption or energy efficiency rating as determined
from Department of Energy (DOE) test procedures; and a comparability
range displaying the highest and lowest energy costs or efficiency
ratings for all similar models. For energy cost calculations, the Rule
specifies national average costs for applicable energy sources (e.g.,
electricity, natural gas, oil) as calculated by DOE. The Rule sets a
five-year schedule for updating range of comparability and annual
energy cost information.\4\ The Commission updates the range
information based on manufacturer data submitted pursuant to the Rule's
reporting requirements.
---------------------------------------------------------------------------
\4\ 16 CFR 305.10.
---------------------------------------------------------------------------
II. Proposed Amendments
As discussed below, the Commission proposes to update the
comparability ranges (Appendices A-J to Part 305) and national average
energy cost figures (Appendix K to Part 305) for many EnergyGuide
labels consistent with its five-year schedule. This Notice also
contains several minor, proposed revisions and updates to the label's
content, some of which were suggested by commenters as part of the
Commission's ongoing regulatory review. To avoid requiring multiple
label revisions within a short time period, the Commission proposes to
require these label content changes concurrently with the range
updates. Finally, the Commission proposes to grant a request from the
Association of Home Appliance Manufacturers (AHAM) seeking an exemption
related to labeling requirements for refrigerators, refrigerator-
freezers, and freezers (hereinafter referred to as ``refrigerators''),
and clothes washers to
[[Page 1780]]
address recent DOE test procedure changes.
A. Comparability Range and Energy Cost Revisions
In accordance with the Rule's five-year schedule for label updates,
the Commission publishes proposed revisions to the comparability range
and energy cost information for many products bearing EnergyGuide
labels.\5\ The comparability ranges (i.e., scales) show the highest and
lowest energy costs or energy efficiency ratings of models similar to
the labeled product. The Commission derives these ranges from annual
data submitted by manufacturers.\6\ In addition, the Commission is
updating the average energy cost figures (e.g., 12 cents per kWh)
manufacturers must use to calculate a model's estimated energy cost for
the label based on national average cost figures published by DOE.\7\
To effect these changes, the Commission proposes amendments to the
applicable tables in the Rule's appendices. Manufacturers must begin
using this new information within 90 days after publication of a final
notice in this proceeding. To aid manufacturers in transitioning to the
new ranges, FTC staff will provide sample label template files on its
Web site.\8\
---------------------------------------------------------------------------
\5\ 16 CFR 305.10.
\6\ In addition to revising existing comparability ranges, the
Commission proposes to include a new range for instantaneous
electric water heaters (Appendix D6).
\7\ 77 FR 29940 (Apr. 26, 2012) (DOE notice for ``Representative
Average Unit Costs of Energy'').
\8\ The Commission will also update the prototype and sample
labels in the Rule's appendices to reflect the new range and cost
information as well as the minor label content changes proposed in
this Notice when it publishes a final rule regarding the ranges.
---------------------------------------------------------------------------
At this time, the Commission does not propose to alter range and
cost information for EnergyGuide labels on four product categories
(refrigerators, clothes washers, furnaces and central air conditioners,
and televisions) given upcoming DOE regulatory changes applicable to
those products.\9\ Instead, the Commission proposes waiting to
synchronize the changes with the impending DOE regulations. By doing
so, the Commission would avoid several label changes in a short time
period, a practice that could confuse consumers and burden
manufacturers.
---------------------------------------------------------------------------
\9\ For refrigerators and clothes washers, as discussed in
Section II.B. below, the Commission proposes to update range and
cost information after the upcoming implementation of revised DOE
standards and test procedures, which will significantly change
energy use data for those products. See infra note 19. Similarly,
for furnace and central air conditioner labels, the Commission
recently announced plans to issue range data to coincide with new
DOE efficiency standards scheduled to become effective next year. 77
FR 33337 (June 6, 2012) (proposed FTC rule). Finally, for
televisions, the Commission will issue revisions to the television
ranges in 16 CFR 305.17 after DOE adopts a recently proposed test
procedure. 77 FR 2830 (Jan. 19, 2012) (proposed DOE test procedure).
The Commission will also establish an annual reporting schedule for
television manufacturers at that time. EPCA requires annual
reporting based on DOE test procedures. Because no DOE television
test procedure currently exists, the Rule currently contains no
reporting requirements. 42 U.S.C. 6296(b)(4) (FTC annual reporting
requirements tied to DOE test procedure); 16 CFR 305.8 (FTC
reporting requirements). In addition, these amendments do not affect
recently revised labeling requirements for lighting products. 75 FR
41696 (July 19, 2010). The Rule has separate provisions in Sec.
305.15 for energy cost disclosures on lighting products.
---------------------------------------------------------------------------
B. Proposed Revisions and Updates to Label Content
In addition to the proposed range and cost updates, the proposed
amendments contain five minor label changes to simplify and improve the
disclosures. The Commission also seeks comment on the possible
elimination of range information on television labels. Finally, the
Commission seeks comment on the potential increase in the frequency of
changes to range and cost information on all EnergyGuide labels.
First, consistent with recently implemented FTC labeling
requirements for light bulb and television labels,\10\ the proposed
rule rounds to the nearest cent the national average electricity (12
cents per kWh) and natural gas ($1.06 per therm) cost figures (in
Appendix K) used to calculate the label's estimated annual operating
(energy) cost. In the past, the Rule has expressed these figures as a
fraction of a cent (e.g., 11.85 cents per kWh). A cost figure rounded
to cents should be more familiar to consumers and should not have any
negative impact on the label's utility because any differences in cost
from such rounding will be very small and apply to all models.\11\
---------------------------------------------------------------------------
\10\ 75 FR 41696 (July 19, 2010) (light bulbs); 76 FR 1038 (Jan.
6, 2011) (televisions).
\11\ DOE's 2012 national average energy cost data lists
electricity at 11.84 cents/kWh. 77 FR 24940 (Apr. 26, 2012) (DOE
fuel cost update). Accordingly, the FTC's proposed amendments
require manufacturers to use 12 cents/kWh in calculating energy cost
for affected labels.
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Second, also consistent with the recent television and light bulb
labeling requirements, the proposed amendments further simplify the
label's cost disclosure by eliminating reference to the cost rate's
year in Sec. 305.11(f). Currently, the label identifies the year of
the underlying energy cost rate (e.g., ``based on a 2007 national
average electricity cost of 10 cents per kWh''). This date remains on
the label for five years. For example, labels for a product introduced
in 2011 state that the cost figure derives from a 2007 national
average. However, because energy rates can increase and decrease from
year to year, the benefit of disclosing this detail on the label does
not appear significant. More importantly, this disclosure could cause
confusion. For instance, the ``2007'' reference in the example above
may incorrectly suggest to some consumers that the product itself was
produced in 2007. To avoid these problems, the Commission proposes to
eliminate the reference to the year. The label would simply read
``based on a national average electricity cost of * * *.''
Third, based on comments in the ongoing regulatory review for the
Rule, the Commission proposes to include a new disclosure on room air
conditioners (Sec. 305.11(f)) explaining that the cost estimate is
based on an assumed 750 hours of operation a year.\12\ Similar
estimates already appear on other labels (e.g., four loads per week for
dishwashers and five hours per day for televisions). This change should
help consumers gauge the product's estimated energy cost in the context
of their own use. Fourth, the amendments replace the term ``operating
cost'' with ``energy cost'' on EnergyGuide labels for appliances (Sec.
305.11(f)). The term ``energy'' ties the disclosure directly to the
label's purpose (i.e., disclosing the product's energy use) and is
consistent with new labels for televisions and light bulbs. Finally,
the amendments make a conforming change to the Web site address on the
label, from www.ftc.gov/appliances to www.ftc.gov/energy.
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\12\ Joint Comments from Energy-Efficiency and Consumer
Organizations (May 16, 2012) (560957-00015) available at
https://www.ftc.gov/os/comments/energylabelamend/00015-83010.pdf.
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In addition to these minor changes, the Commission seeks comment on
whether to retain range information on television labels.\13\ In
comments related to the regulatory review of the overall Rule, the
Consumer Electronics Association (CEA) argued that the comparability
ranges on the EnergyGuide labels become obsolete soon after they are
issued because the television market changes so frequently.\14\ As a
result, the estimated energy costs for many models fall
[[Page 1781]]
outside the range depicted on the label, limiting the label's utility.
CEA also noted that, in lieu of the ranges on labels, consumers can
rely on other sources, including consumer and trade publications and
product reviews, to obtain comparative energy information for
televisions. In response, the Commission seeks comment on whether to
eliminate range information from future updates of the television
label. Comments should address whether range information is useful,
whether the model's energy cost information provides an adequate
comparative tool for consumers shopping in stores and online, and
whether there are sufficient alternatives to provide comparability
information to consumers.
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\13\ 16 CFR 305.17(f).
\14\ CEA comments (May 16, 2012) (560957-00012)
available at https://www.ftc.gov/os/comments/energylabelamend/560957-00012-83006.pdf. EPCA grants the Commission discretion to include
(or exclude) range information for television labels. 42 U.S.C.
6296(c)(9). However, once DOE issues a final test procedure,
manufacturers will have to submit energy data whether or not the
label displays a range. 42. U.S.C. 6296(b)(4).
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Finally, the Commission seeks comment on whether to update range
and cost information more frequently than every five years.\15\ In
comments on the regulatory review, several energy-efficiency
organizations suggested that the FTC follow a three-year schedule to
update national average energy cost figures and the comparison ranges
for most products. They also recommended a two-year schedule for
products with rapidly changing efficiencies and quicker sell-through
periods, such as televisions.\16\ The commenters argued that the
current schedule fails to keep pace with efficiency improvements of new
models. Similarly, in their view, the five-year schedule does not
update the label's average cost figures frequently enough. In support
of these observations, the commenters noted recent dishwasher market
changes brought on by new DOE standards as well as an approximately 10%
increase in national average electricity costs over the last few years.
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\15\ 16 CFR 305.10(a).
\16\ Joint Comments from Energy-Efficiency and Consumer
Organizations (May 16, 2012) (560957-00015) available at
https://www.ftc.gov/os/comments/energylabelamend/00015-83010.pdf.
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In establishing the five-year schedule, the Commission recognized
the potential benefits of more frequent changes to cost and range
information.\17\ However, the Commission concluded that the need for
consistent label information is paramount and, on balance, deserves
greater weight than the need for more frequent updates. In doing so,
the Commission focused on the need to minimize frequent label changes,
noting that inconsistent cost and range information for competing
models in showrooms and catalogs can lead to consumer confusion and a
lack of confidence in the label. In the Commission's view, the five-
year schedule strikes a reasonable balance between maintaining
consistent disclosures and providing frequent updates. Accordingly, the
Commission is not proposing to change the current schedule. However,
the Commission seeks further comment on whether it should adopt the
commenters' suggestions to implement a three-year schedule.
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\17\ 72 FR 49948, 49959 (Aug. 29, 2007) (rulemaking on
effectiveness of the EnergyGuide label).
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C. Proposed Conditional Exemption for Refrigerators and Clothes Washers
In response to a request from the Association of Home Appliance
Manufacturers (AHAM),\18\ the Commission proposes a conditional
exemption and rule amendments for refrigerators and clothes washers.
New DOE testing procedures for these products, issued in conjunction
with new efficiency standards, change the methods for calculating a
model's energy use and, as a result, will trigger substantial changes
to the energy information disclosed on EnergyGuide labels.\19\ To aid
consumers in their comparison shopping during this transition, the
Commission proposes a distinct label for models tested under the new
DOE procedure to be used both during this transition and afterward. In
addition, the Commission proposes to allow manufacturers to begin
labeling new models using the new DOE test procedures several months
before the DOE compliance dates to ease the burden associated with
transition to the new test procedures.\20\
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\18\ AHAM comments (July 17, 2012) (560957-00023) at
https://www.ftc.gov/os/comments/energylabelamend/00023-83190.pdf and
(Sept. 11, 2012) (560957-00025) at https://www.ftc.gov/os/comments/energylabelamend/560957-00025-84112.pdf.
\19\ 76 FR 57516 (Sept. 15, 2011) (refrigerator standards); 77
FR 3559 (Jan. 25, 2012) (refrigerator test procedure); 77 FR 32308
(May 31, 2012) (clothes washer standards); 77 FR 13888 (Mar. 7,
2012) (clothes washer test procedure). DOE rules require compliance
with the new test procedures for all refrigerators by September 15,
2014 and for all clothes washers by March 7, 2015.
\20\ The Commission issued similar modifications in 2003 for
clothes washer labels in response to changes in the DOE test
procedure. 68 FR 23584 (May 5, 2003).
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AHAM submitted its request in anticipation of upcoming DOE energy
conservation standards and test procedures for refrigerators (effective
on September 15, 2014) and clothes washers (effective on March 7,
2015). The new, more stringent conservation standards will render a
substantial portion of existing refrigerator and clothes washer models
obsolete. In addition, the updated test procedures will yield
substantially different results than the current ones. According to
AHAM, the new refrigerator test procedure will increase the measured
energy use of refrigerators by approximately 14%, though the increase
will vary between product classes, manufacturers, and even individual
models.\21\ In addition, the new clothes washer test procedure bases
annual energy use estimates on 295 cycles per year (approximately six
per week), instead of the current 392 cycles (approximately eight per
week), thus reducing stated energy costs on the EnergyGuide labels by
about 25%.\22\
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\21\ AHAM comments (May 16, 2012) (560957-0013) at
https://www.ftc.gov/os/comments/energylabelamend/00013-83038.pdf.
\22\ See 77 FR 13888, 13933 (Mar. 7, 2012) (DOE clothes washer
test procedure). The new DOE test procedure also includes the cost
of energy consumed in non-active wash modes.
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AHAM notes that after manufacturers start to test their products
using the new procedures, showrooms and Web sites will contain some
models tested under the old procedure and others tested under the new
one. In AHAM's view, the resulting mix of EnergyGuide labels could
severely hamper consumers in making fair product comparisons.
To help facilitate the transition to the new efficiency standards
and to aid shoppers who compare products during this period, AHAM
proposed two measures. First, it seeks permission to use the new DOE
tests for labeling models introduced prior to DOE's compliance dates.
Second, it recommends different, transitional EnergyGuide labels for
these models, to help consumers distinguish products tested under the
new procedure from those tested under the old one. Specifically, AHAM
proposes that new labels contain blue (cyan) text and include the
statement: ``Blue EnergyGuide Compares Only to Other Models with Blue
EnergyGuides (due to new U.S. Government requirements).'' \23\ AHAM's
members want to begin using the new test procedures and transitional
labels for models introduced after January 1, 2014 for refrigerators,
and June 1, 2014 for clothes washers. AHAM also requested that the
Commission continue to require this modified label for products tested
under the new procedure until DOE makes another substantial change to
the test procedure in the future.
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\23\ AHAM comments (Sept. 11, 2012) (560957-00025) at
https://www.ftc.gov/os/comments/energylabelamend/560957-00025-84112.pdf. In those comments, AHAM also recommended that the
Commission omit a comparability range scale from the label until
data from the new test procedures becomes available.
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AHAM contends that these proposals will reduce burdens associated
with upcoming regulatory changes, avoid
[[Page 1782]]
consumer confusion, and encourage early introduction of high-efficiency
models. The Commission generally agrees. The proposal should reduce
burdens by allowing refrigerator and clothes washer manufacturers to
roll out new high-efficiency models well before the DOE compliance date
and thus avoid the logistical complications associated with designing,
producing, and testing many models at the same time.\24\ In addition,
using transitional labels will avoid the display of a misleading mix of
test results on EnergyGuide labels. Lastly, early compliance will
provide an incentive for manufacturers to introduce models that meet
the more stringent energy standards sooner, thus providing consumers
with more high-efficiency choices.\25\
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\24\ To facilitate the early introduction of these higher-
efficiency models, DOE has announced that manufacturers may certify
these models with DOE using the new test procedures, thus relieving
them from having to test new models under both the old and new test
procedures during the transition period. On June 29, 2012, DOE
issued guidance permitting early compliance with new or amended test
procedures and standards. See https://www1.eere.energy.gov/buildings/appliance_standards/pdfs/tp_faq_2012-06-29.pdf. Thus, in DOE's
view, manufacturers may begin using the new test procedures before
the dates specified for compliance.
\25\ AHAM also requested guidance on whether manufacturers must
change model numbers for products during the DOE transition period.
Unless the manufacturer modifies the model in a way that affects its
energy performance, the Commission does not recommend changing model
numbers during the transition.
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Therefore, the Commission proposes to exempt manufacturers from
certain EnergyGuide testing and labeling requirements for new
refrigerator and clothes washer models introduced before DOE's
compliance dates. Specifically, the Commission proposes to grant a
conditional exemption from the Rule's requirement that, for purposes of
the EnergyGuide label, manufacturers use the estimated annual energy
consumption derived from the test procedures presently required by
DOE.\26\ By granting the requested exemption, the Commission would
allow manufacturers to begin using the results of DOE's new procedures
and provide those results on EnergyGuide labels several months before
the DOE compliance date.
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\26\ 16 CFR 305.5(a) and 305.11(a) (FTC testing and labeling);
see also 10 CFR Part 430 (DOE test procedures).
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The Commission proposes to grant this exception, but only to the
extent required to allow manufacturers \27\ to use the new test
procedures on refrigerator (including refrigerators, refrigerator-
freezers, and freezers) and clothes washer models manufactured after
January 1, 2014 (for refrigerators) and June 1, 2014 (for clothes
washers). If a manufacturer continues to use the current test results
for a particular model until the new procedures take effect, September
15, 2014 (for refrigerators) and March 7, 2015 (for clothes washers),
it must continue to use the current label for that model up until those
dates. Manufacturers would remain obligated to comply with all other
Rule requirements. The Commission proposes to grant this exemption on
the following additional conditions:
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\27\ Consistent with the Rule's requirements, the proposed
exemption applies to both manufacturers and private labelers.
---------------------------------------------------------------------------
(1) For models manufacturers choose to test and label under the
exemption, manufacturers must follow the new DOE test procedures in 10
CFR Part 430, Subpart B, Appendix A (refrigerators) and Appendix J2
(clothes washers) to determine the energy use figures printed on
EnergyGuide labels; \28\
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\28\ Manufacturers also may use the new test procedures for
labeling existing products during this period, but must follow all
conditions of this exemption in doing so.
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(2) For all such models, manufacturers must use EnergyGuide labels,
as illustrated in Figures 1 and 2 of this Notice, with the energy cost
and electricity use figures in yellow text framed by block boxes and
containing the statement ``Compare to other labels with yellow numbers.
Appliances that have labels with black numbers were tested differently
to estimate cost and electricity used.'' \29\
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\29\ The Commission does not propose a cyan (blue) label as
suggested by AHAM because cyan text on yellow background would be
difficult to read, especially for smaller text. In addition, the
cyan ink could cause confusion with regard to ENERGY STAR
certification given that cyan is the color commonly used for ENERGY
STAR logos. By retaining the yellow and black format, the proposed
label will not change the printing cost associated with the labels.
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(3) For all such models, manufacturers must print the estimated
energy cost on the label above the center of the comparability range,
and the following statement must appear directly below the range:
``Cost Range Not Available,'' as illustrated in Figures 1 and 2 of this
Notice; \30\
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\30\ The Commission will publish range information for the new
labels once energy data becomes available for refrigerators and
clothes washers tested under the new procedure, most likely in 2015.
---------------------------------------------------------------------------
(4) For all such models, the label must state that the estimated
energy cost is based on a national average electricity cost of 12 cents
per kWh; and
(5) For all such clothes washer models, the label must state that
the estimated energy cost is based on six wash loads per week and, as
discussed below, must provide capacity in cubic feet.\31\
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\31\ The new DOE test procedure changes the estimated weekly
clothes washer cycles from 8 to 6. 77 FR 13888 (DOE clothes washer
test procedure).
---------------------------------------------------------------------------
Second, to ensure consistency in labeling following the exemption
period, the Commission proposes to amend the Rule at Sec. Sec.
305.5(a) and 305.11 to require these new labels, as described in the
five conditions above, after the test procedure transition. Thus, the
new labels would apply to all refrigerators and clothes washers
distributed on, or after, the DOE new test procedure compliance dates
(September 15, 2014 for refrigerators and March 7, 2015 for clothes
washers). This change should reduce consumer confusion in viewing
labels that look alike but contain differently-calculated
information.\32\ The Commission proposes to maintain this new label
until DOE further amends the test procedures in the future beyond 2015.
At that time, the Commission will consider changes to the label. In
addition, once the Commission receives product data reflecting new and
existing models tested under the new DOE procedures, it would issue new
comparability ranges for those products.
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\32\ To avoid confusion associated with the multiple rule
amendments and effective dates covered by this Notice, the
Commission has not included formal proposed rule language for the
transitional labels. However, this Notice contains a full
description of the proposal, including sample labels. In addition,
the minor label changes proposed in section II.B. (i.e., fuel rates
to the nearest cent and the use of ``energy cost'' instead of
``operating cost'') would not be required for refrigerator and
clothes washer labels until the new DOE test procedure compliance
dates. (September 15, 2014 for refrigerators and March 7, 2015 for
clothes washers).
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The Commission seeks comment on the proposed exemption and
associated amendments. In particular, the Commission requests input on
whether the different results from the new and old DOE test procedures
are significant enough to warrant the proposed label modifications. In
addition, the Commission seeks comment on whether the proposed label
changes are appropriate and will help consumers in their purchasing
decisions. In particular, commenters should address whether the
proposed labels will effectively communicate to consumers that they
should not compare the old and new labels. In addition, commenters
should identify any alternative disclosures or label design
[[Page 1783]]
features that would be more effective than the proposed labels.
BILLING CODE 6750-01-P
[GRAPHIC] [TIFF OMITTED] TP09JA13.002
[[Page 1784]]
[GRAPHIC] [TIFF OMITTED] TP09JA13.003
BILLING CODE 6750-01-C
D. Additional Refrigerator and Clothes Washer Issues
In addition to the exemption request for a transitional label, the
Commission has considered the following three issues related to
refrigerators and clothes washers raised in response to the regulatory
review notice: Changes to refrigerator range categories; disclosures
for refrigerator models with optional icemakers; and capacity
information for clothes washers.\33\
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\33\ The Commission plans to consider other outstanding issues
from the regulatory review at a later date.
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Refrigerator Comparability Range Categories: The current rule
organizes refrigerator comparability ranges by product configuration
(e.g., models with top-mounted freezers) in Appendices A1-A8. The
current requirements designate eight separate range categories for
refrigerator models and three for
[[Page 1785]]
freezer models.\34\ These ranges disclose the energy costs associated
with the most and least efficient models in a particular category.
Specifically, for automatic-defrost refrigerator freezers, which
typically populate the bulk of showroom floors, the Rule contains five
categories (or styles): Side-by-side door models with and without
through-the-door ice service; top-mounted freezer models with and
without through-the-door ice service; and bottom-mounted freezer
models. The Rule also has ranges for less common models including those
with manual and partial defrost models, and refrigerator-only
models.\35\ These categories allow consumers to compare the energy use
of similarly configured refrigerators.
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\34\ The Rule further divides each model category into several
size classes (e.g., 19.5 to 21.4 cubic feet), each with its own
comparability range.
\35\ See 16 CFR part 305, Appendices A and B.
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Several energy-efficiency and consumer groups urged the Commission
to consolidate the comparability ranges into a single range covering
all configurations.\36\ They reasoned one range would allow consumers
to compare a product's energy performance against all other models.
AHAM opposed this approach, arguing that consolidation of the ranges
for different configurations would cast fully-featured products that
use more energy in an unfavorable light. AHAM also pointed to data
suggesting that consumers usually replace their existing refrigerators
with similarly configured models. AHAM acknowledged, however, that it
had no detailed information directly addressing whether consumers shop
with a specific configuration in mind. It concluded that, without clear
data on consumer shopping habits, the Commission should refrain from
changing the current ranges.\37\
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\36\ Joint Comments from Energy-Efficiency and Consumer
Organizations (May 16, 2012) (560957-00015) available at
https://www.ftc.gov/os/comments/energylabelamend/00015-83010.pdf.
\37\ AHAM comments (Sept. 11, 2012) (560957-00025)
available at https://www.ftc.gov/os/comments/energylabelamend/560957-00025-84112.pdf.
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The Commission does not propose any changes at this time. Without
further opportunity for comment on a proposal and more information
about consumer buying habits, the Commission is reluctant to alter
existing requirements.\38\ Once DOE's new standards become effective,
the Commission will examine new range data from models on the market
and consider whether to propose changes to the range categories.
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\38\ The consolidation of ranges also could cause conflicts and
confusion with regard to the ENERGY STAR system, which sets
efficiency levels based on different refrigerator configurations.
For example, ENERGY STAR-qualified side-by-side door models are
highly efficient compared to other side-by-side models but not
necessarily compared to all other refrigerator-freezers. Therefore,
if the comparison range on the EnergyGuide label included all
configurations, some ENERGY STAR designated models will be higher on
the cost range than some non-ENERGY STAR models. Before making any
changes, the Commission needs to explore the overall costs and
benefits of such a change.
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Refrigerator Models with Optional Icemakers: Currently,
refrigerator labels do not reflect icemaker energy consumption because
the current DOE test procedure does not measure a model's icemaker
operation. However, because the new DOE procedures will account for
icemakers, the new labels will now include icemaker energy consumption
for those products.\39\
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\39\ 16 CFR 305.5 (FTC testing rules); 10 CFR Part 430, Subpart
B, Appendix A (DOE refrigerator tests).
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In light of this change, AHAM has raised concerns about labeling
for so-called ``kitable'' refrigerator models (i.e., models that can be
fitted with an icemaker before or after purchase).\40\ The new DOE
rules divide these products into categories (i.e., units with pre-
installed icemakers and units without). Thus, each category will have
its own EnergyGuide labels reflecting different levels of energy use.
In comments to the Commission, AHAM has suggested that all ``kitable''
refrigerator labels disclose the energy use of the model shipped
without the optional icemaker to avoid overstating energy costs for
models that may never have an icemaker. In addition, AHAM suggests
additional label language to inform retailers and consumers that the
addition of an icemaker will increase the model's energy costs.
---------------------------------------------------------------------------
\40\ AHAM comments (May 16, 2012, and October 31, 2012) at
https://www.ftc.gov/os/comments/energylabelamend/00013-83038.pdf.
---------------------------------------------------------------------------
The Commission agrees that this proposal merits consideration.
However, DOE plans to examine its designation of these models and thus
may provide guidance that addresses AHAM's concerns.\41\ Accordingly,
the Commission does not plan to impose any additional testing-related
disclosures for these products until DOE has completed its
deliberations.
---------------------------------------------------------------------------
\41\ 77 FR at 3569 (DOE notice on refrigerator testing).
---------------------------------------------------------------------------
Clothes Washer Capacity: In initiating the Rule's regulatory
review, the Commission proposed to require specific capacity
information in cubic feet on EnergyGuide labels for clothes
washers.\42\ The Commission seeks additional comments on this issue.
Current EnergyGuide labels indicate whether the model is ``standard''
or ``compact,'' but do not specify volume (e.g., 3.5 cubic feet). In
the current market, most models fall into the broad ``standard'' size
class (i.e., models with tub capacities greater than 1.6 cubic feet),
but actual capacity among models varies significantly. Thus, the
general capacity disclosure provides little assistance to consumers in
distinguishing washer size. A specific capacity disclosure on the label
should help consumers make important product comparisons. It would also
complement recent DOE and industry efforts to ensure uniformity in
capacity disclosures, which would provide consumers with usable
information whether they are looking at EnergyGuide labels,
manufacturer advertising, or DOE certification data.\43\
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\42\ 77 FR at 15302 (proposing to amend 16 CFR 305.7(g) to
include clothes washer capacity on the label).
\43\ See 75 FR 57556, 57575 (Sept. 21, 2010) (DOE clothes washer
notice) and https://www.aham.org/ht/a/GetDocumentAction/i/51727.
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AHAM objected to the Commission's proposal, arguing that it will
greatly increase the number of labels manufacturers have to produce.
According to AHAM, many washer models with different capacities have
the same energy cost. Manufacturers currently print one label for such
appliances. AHAM contended that the Commission's proposal would prevent
this cost-savings. AHAM also argued consumers can access capacity
information through other sources. In addition, it observed that
industry members have already taken steps to ensure consistency in
washer capacity claims. Thus, in AHAM's view, the Commission's proposal
addresses a problem that no longer exists. In contrast, PG&E supported
the specific capacity disclosure proposed in the regulatory review
notice, suggesting it might ``prompt consumers to think more critically
about the utility of different sized washers, and also [their]
associated energy and water requirements.'' \44\
---------------------------------------------------------------------------
\44\ Pacific Gas and Electric Company (PG&E) comments (May 15,
2012) (00009) at https://www.ftc.gov/os/comments/energylabelamend/00009-82974.pdf.
---------------------------------------------------------------------------
The Commission continues to believe that detailed capacity
information will help consumers in their purchasing decisions. The
presence of capacity information allows consumers easily to consider
the size and energy cost of models as they compare products in
showrooms and Web sites, without repeatedly crosschecking washer
capacity disclosed elsewhere in specifications and other marketing
material. In addition, this approach is consistent with the EnergyGuide
labels
[[Page 1786]]
for most other covered products, which, among other things, allow
consumers to gauge a model's energy cost against its size. Moreover,
data for clothes washers certified to DOE suggests that the proposed
change would require new labels for a small fraction of models.\45\
Accordingly, it seems unlikely that the proposal would impose a
substantial burden on manufacturers. The Commission seeks further
comment on its proposal to require clothes washer capacity disclosures
on the label.
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\45\ See DOE clothes washer data at https://www.regulations.doe.gov/ccms/.
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III. 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 labeling requirements. Please provide explanations for
your answers and supporting evidence where appropriate. In addition,
the Commission notes that it has accepted several late comments in its
ongoing regulatory review proceeding.\46\ To ensure that parties have
an opportunity to address issues raised in those submissions, the
Commission invites comments on any open issue in the regulatory review
proceeding in addition to those issues raised in the present notice.
Interested persons should follow the instructions below for filing any
such comments on the regulatory review. After examining the comments,
the Commission will determine whether to issue final amendments.
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\46\ 44 FR 66466 (Nov. 19, 1979) (regulatory review notice). The
late comments are available at https://www.ftc.gov/os/comments/energylabelamend/index.shtm and include: AHAM (July 17, 2012, Sept.
12, 2012, and Oct. 31, 2012), Earthjustice (Dec. 3, 2012),
Fanimation (July 17, 2012), Miele Inc. (Sept. 20, 2012), and
Progress Lighting (June 25, 2012).
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All comments should be filed as prescribed below, and must be
received by March 1, 2013. Interested parties are invited to submit
written comments electronically or in paper form. Comments should refer
to ``Energy Label Ranges, Matter No. R611004'' 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 trade 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).
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/energylabelranges (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/ftc/energylabelranges. 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 Energy Label
Ranges, Matter No. R611004 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
U), 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 February
1, 2013, 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.
IV. Paperwork Reduction Act
The current Rule contains recordkeeping, disclosure, testing, and
reporting requirements that constitute information collection
requirements as defined by 5 CFR 1320.3(c), the definitional provision
within the Office of Management and Budget (OMB) regulations that
implement the Paperwork Reduction Act (PRA). OMB has approved the
Rule's existing information collection requirements through Jan. 31,
2014 (OMB Control No. 3084 0069). The proposed amendments do not change
the substance or frequency of the recordkeeping, disclosure, or
reporting requirements and, therefore, do not require further OMB
clearance.
V. Regulatory Flexibility Act
The provisions of the Regulatory Flexibility Act relating to a
Regulatory Flexibility Act analysis (5 U.S.C. 603-604) are not
applicable to this proceeding because the amendments do not impose any
new obligations on entities regulated by the Appliance Labeling Rule.
As explained in detail elsewhere in this document, the proposed
exemption and amendments do not significantly change the substance or
frequency of the recordkeeping, disclosure, or reporting requirements.
Thus, the amendments will not have a ``significant economic
[[Page 1787]]
impact on a substantial number of small entities.'' 5 U.S.C. 605. The
Commission has concluded, therefore, that a regulatory flexibility
analysis is not necessary, and certifies, under Section 605 of the
Regulatory Flexibility Act (5 U.S.C. 605(b)), that the amendments
announced today will not have a significant economic impact on a
substantial number of small entities.
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 in the preamble, the Commission proposes to
amend 16 CFR part 305 as follows:
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'')
0
1. The authority citation for part 305 continues to read as follows:
Authority: 42 U.S.C. 6294.
0
2. In Sec. 305.7, revise paragraph (g) to read as follows:
Sec. 305.7 Determinations of capacity.
* * * * *
(g) Clothes washers. The capacity shall be the tub capacity as
determined according to Department of Energy test procedures in 10 CFR
part 430, subpart B, expressed in the terms of volume in cubic feet and
the designations of ``standard'' or ``compact'' as determined pursuant
to those regulations.
* * * * *
0
3. In Sec. 305.10, revise paragraphs (a) and (b) to read as follows:
Sec. 305.10 Ranges of comparability on the required labels.
(a) Range of estimated annual energy costs or energy efficiency
ratings. The range of estimated annual operating costs or energy
efficiency ratings for each covered product (except televisions,
fluorescent lamp ballasts, lamps, showerheads, faucets, water closets
and urinals) shall be taken from the appropriate appendix to this part
in effect at the time the labels are affixed to the product. The
Commission shall publish revised ranges in the Federal Register in
2017. When the ranges are revised, all information disseminated after
90 days following the publication of the revision shall conform to the
revised ranges. Products that have been labeled prior to the effective
date of a modification under this section need not be relabeled.
(b) Representative average unit energy cost. The Representative
Average Unit Energy Cost to be used on labels as required by Sec.
305.11 and disclosures as required by Sec. 305.20 are listed in
appendix K to this part, except the electricity and gas cost to be used
on labels for refrigerators, refrigerator-freezers, and freezers
distributed before September 15, 2014 and labels for clothes washers
distributed before March 7, 2015 shall be 10.65 cents per kWh and 1.218
dollars per therm. The Commission shall publish revised Representative
Average Unit Energy Cost figures in the Federal Register in 2017. When
the cost figures are revised, all information disseminated after 90
days following the publication of the revision shall conform to the new
cost figure.
* * * * *
0
4. In Sec. 305.11, revise paragraphs (f)(5) and (9) and redesignate
paragraphs (f)(11) and (12) as paragraphs (f)(10) and (11),
respectively.
The revisions read as follows:
Sec. 305.11 Labeling for refrigerators, refrigerator-freezers,
freezers, dishwashers, clothes washers, water heaters, room air
conditioners, and pool heaters.
* * * * *
(f) * * *
(5) Estimated annual operating costs for refrigerators,
refrigerator-freezers, freezers, clothes washers, dishwashers, room air
conditioners, and water heaters are as determined in accordance with
Sec. Sec. 305.5 and 305.10 of this part. Thermal efficiencies for pool
heaters are as determined in accordance with Sec. 305.5. Labels for
clothes washers and dishwashers must disclose estimated annual
operating cost for both electricity and natural gas as illustrated in
the sample labels in appendix L.
* * * * *
(9) Labels must contain a statement explaining information on the
label as illustrated in the prototype labels in appendix L and
specified as follows by product type:
(i) For refrigerators, refrigerator-freezers, and freezers, the
statement will read as follows (fill in the blanks with the appropriate
year and energy cost figures):
Your costs will depend on your utility rates and use.
[Insert statement required by Sec. 305.11(f)(9)(ii)].
Estimated energy cost is based on a national average electricity
cost of ---- cents per kWh.
For more information, visit www.ftc.gov/energy.
(ii) For refrigerators, refrigerator-freezers, and freezers, the
following sentence shall be included as part of the statement required
by Sec. 305.11(f)(9)(i):
(A) For models covered under appendix A1, the sentence shall read:
Cost range based only on models of similar capacity with automatic
defrost.
(B) For models covered under appendix A2, the sentence shall read:
Cost range based only on models of similar capacity with manual
defrost.
(C) For models covered under appendix A3, the sentence shall read:
Cost range based only on models of similar capacity with partial
automatic defrost.
(D) For models covered under appendix A4, the sentence shall read:
Cost range based only on models of similar capacity with automatic
defrost, top-mounted freezer, and without through-the-door ice.
(E) For models covered under appendix A5, the sentence shall read:
Cost range based only on models of similar capacity with automatic
defrost, side-mounted freezer, and without through-the-door ice.
(F) For models covered under appendix A6, the sentence shall read:
Cost range based only on models of similar capacity with automatic
defrost, bottom-mounted freezer, and without through-the-door ice.
(G) For models covered under appendix A7, the sentence shall read:
Cost range based only on models of similar capacity with automatic
defrost, top-mounted freezer, and through-the-door ice.
(H) For models covered under appendix A8, the sentence shall read:
Cost range based only on models of similar capacity with automatic
defrost, side-mounted freezer, and through-the-door ice.
(I) For models covered under appendix B1, the sentence shall read:
Cost range based only on upright freezer models of similar capacity
with manual defrost.
(J) For models covered under appendix B2, the sentence shall read:
Cost range based only on upright freezer models of similar capacity
with automatic defrost.
(K) For models covered under appendix B3, the sentence shall read:
Cost range based only on chest and other freezer models of similar
capacity.
(iii) For room air conditioners covered under appendix E, the
statement will read as follows (fill in the blanks with the appropriate
model type, year, energy type, and energy cost figure):
Your costs will depend on your utility rates and use.
[[Page 1788]]
Cost range based only on models [of similar capacity without
reverse cycle and with louvered sides; of similar capacity without
reverse cycle and without louvered sides; with reverse cycle and with
louvered sides; or with reverse cycle and without louvered sides].
Estimated energy cost is based on a national average electricity
cost of ---- cents per kWh and 750 hours of operation per year.
For more information, visit www.ftc.gov/energy.
(iv) For water heaters covered by Appendices D1, D2, and D3, the
statement will read as follows (fill in the blanks with the appropriate
fuel type, year, and energy cost figures):
Your costs will depend on your utility rates and use.
Cost range based only on models of similar capacity fueled by
[natural gas, oil, propane, or electricity]. Estimated energy cost is
based on a national average [electricity, natural gas, propane, or oil]
cost of [------ cents per kWh or $---- per therm or gallon].
For more information, visit www.ftc.gov/energy.
(v) For instantaneous water heaters (appendix D4 and D6) and heat
pump water heaters (appendix D5), the statement will read as follows
(fill in the blanks with the appropriate model type, the operating
cost, the year, and the energy cost figures):
Your costs will depend on your utility rates and use.
Cost range based only on [instantaneous gas water heater or heat
pump water heater] models of similar capacity. Estimated energy cost is
based on a national average [electricity, natural gas, or propane] cost
of [---- cents per kWh or $---- per therm or gallon].
For more information, visit www.ftc.gov/energy.
(vi) For clothes washers and dishwashers covered by appendices C1,
C2, F1, and F2, the statement will read as follows (fill in the blanks
with the appropriate appliance type, the energy cost, the number of
loads per week, the year, and the energy cost figures):
Your costs will depend on your utility rates and use.
Cost range based only on [compact/standard] capacity models.
Estimated energy cost is based on [4 washloads a week for
dishwashers, or 6 washloads a week for clothes washers] and a national
average electricity cost of ---- cents per kWh and natural gas cost of
$---- per therm.
For more information, visit www.ftc.gov/energy.
(vii) For pool heaters covered under appendices J1 and J2, the
statement will read as follows:
Efficiency range based only on models fueled by [natural gas or
oil].
For more information, visit www.ftc.gov/energy.
* * * * *
0
5. Appendix C1 to Part 305 is revised to read as follows:
Appendix C1 to Part 305--Compact Dishwashers
Range Information
``Compact'' includes countertop dishwasher models with a
capacity of fewer than eight (8) place settings. Place settings
shall be in accordance with appendix C to 10 CFR part 430, subpart
B. Load patterns shall conform to the operating normal for the model
being tested.
------------------------------------------------------------------------
Range of estimated annual
energy costs (dollars/year)
Capacity -------------------------------
Low High
------------------------------------------------------------------------
Compact................................. $18 $27
------------------------------------------------------------------------
0
6. Appendix C2 to Part 305 is revised to read as follows:
Appendix C2 to Part 305--Standard Dishwashers
Range Information
``Standard'' includes dishwasher models with a capacity of eight
(8) or more place settings. Place settings shall be in accordance
with appendix C to 10 CFR part 430, subpart B. Load patterns shall
conform to the operating normal for the model being tested.
------------------------------------------------------------------------
Range of estimated annual
energy costs (dollars/year)
Capacity -------------------------------
Low High
------------------------------------------------------------------------
Standard................................ $21 $41
------------------------------------------------------------------------
0
7. Appendices D1 through D5 to Part 305 are revised and Appendix D6 is
added to read as follows:
Appendix D1 to Part 305--Water Heaters--Gas
Range Information
----------------------------------------------------------------------------------------------------------------
Capacity Range of estimated annual energy costs (dollars/year)
----------------------------------------------------------------------------------------------------------------
Natural gas ($/year) Propane ($/year)
First hour rating ---------------------------------------------------------------
Low High Low High
----------------------------------------------------------------------------------------------------------------
Less than 21.................................... * * * *
21 to 24........................................ * * * *
25 to 29........................................ * * * *
30 to 34........................................ * * * *
35 to 40........................................ * * * *
41 to 47........................................ * * * *
[[Page 1789]]
48 to 55........................................ $248 $269 $655 $712
56 to 64........................................ $257 $269 $678 $712
65 to 74........................................ $237 $273 $627 $724
75 to 86........................................ $237 $288 $627 $724
87 to 99........................................ $248 $288 $645 $763
100 to 114...................................... $241 $300 $637 $763
115 to 131...................................... $241 $331 $637 $791
Over 131........................................ $269 $331 $712 $876
----------------------------------------------------------------------------------------------------------------
* No data submitted.
Appendix D2 to Part 305--Water Heaters--Electric
Range Information
------------------------------------------------------------------------
Capacity Range of estimated annual
----------------------------------------- energy costs (dollars/year)
-------------------------------
First hour rating Low High
------------------------------------------------------------------------
Less than 21............................ $567 $567
21 to 24................................ * *
25 to 29................................ $567 $567
30 to 34................................ $567 $573
35 to 40................................ $561 $573
41 to 47................................ $555 $599
48 to 55................................ $555 $599
56 to 64................................ $555 $585
65 to 74................................ $555 $599
75 to 86................................ $555 $613
87 to 99................................ $567 $620
100 to 114.............................. $579 $651
115 to 131.............................. $613 $635
Over 131................................ * *
------------------------------------------------------------------------
* No data submitted.
Appendix D3 to Part 305--Water Heaters--Oil
Range Information
------------------------------------------------------------------------
Capacity Range of estimated annual
----------------------------------------- energy costs (dollars/year)
-------------------------------
First hour rating Low High
------------------------------------------------------------------------
Less than 65............................ * *
65 to 74................................ * *
75 to 86................................ * *
87 to 99................................ * *
100 to 114.............................. $703 $808
115 to 131.............................. $663 $856
Over 131................................ $642 $856
------------------------------------------------------------------------
* No data submitted.
Appendix D4 to Part 305--Water Heaters--Instantaneous--Gas
Range Information
[[Page 1790]]
----------------------------------------------------------------------------------------------------------------
Capacity Range of estimated annual energy costs (dollars/year)
----------------------------------------------------------------------------------------------------------------
Natural gas ($/year) Propane ($/year)
Capacity (maximum flow rate); gallons per minute ---------------------------------------------------------------
(gpm) Low High Low High
----------------------------------------------------------------------------------------------------------------
Under 1.00...................................... $248 $248 $655 $655
1.00 to 2.00.................................... $248 $248 $627 $627
2.01 to 3.00.................................... $171 $231 $499 $609
Over 3.00....................................... $167 $204 $435 $532
----------------------------------------------------------------------------------------------------------------
* No data submitted.
Appendix D5 to Part 305--Water Heaters--Heat Pump
Range Information
------------------------------------------------------------------------
Capacity Range of estimated annual
----------------------------------------- energy costs (dollars/year)
-------------------------------
First hour rating Low High
------------------------------------------------------------------------
Less than 21............................ * *
21 to 24................................ * *
25 to 29................................ * *
30 to 34................................ * *
35 to 40................................ * *
41 to 47................................ * *
48 to 55................................ * *
56 to 64................................ * *
65 to 74................................ * *
75 to 86................................ * *
87 to 99................................ * *
100 to 114.............................. * *
115 to 131.............................. * *
Over 131................................ * *
------------------------------------------------------------------------
* No data submitted.
Appendix D6 to Part 305--Water Heaters--Instantaneous--Electric
Range Information
------------------------------------------------------------------------
Capacity Range of estimated annual
----------------------------------------- energy costs (dollars/year)
Capacity (maximum flow rate); gallons -------------------------------
per minute (gpm) Low High
------------------------------------------------------------------------
Under 1.00.............................. $532 $532
1.00 to 2.00............................ $532 $532
2.01 to 3.00............................ * *
Over 3.00............................... * *
------------------------------------------------------------------------
* No data submitted.
0
8. Appendix E to Part 305 is revised to read as follows:
Appendix E to Part 305--Room Air Conditioners
Range Information
------------------------------------------------------------------------
Range of estimated annual
Manufacturer's rated cooling capacity in energy costs (dollars/year)
Btu's/yr -------------------------------
Low High
------------------------------------------------------------------------
Without Reverse Cycle and with Louvered
Sides:
Less than 6,000 Btu................. $42 $48
6,000 to 7,999 Btu.................. $50 $72
8,000 to 13,999 Btu................. $66 $115
14,000 to 19,999 Btu................ $117 $195
[[Page 1791]]
20,000 and more Btu................. $169 $382
Without Reverse Cycle and without
Louvered Sides:
Less than 6,000 Btu................. * *
6,000 to 7,999 Btu.................. $56 $72
8,000 to 13,999 Btu................. $73 $138
14,000 to 19,999 Btu................ $140 $166
20,000 and more Btu................. * *
With Reverse Cycle and with Louvered $71 $225
Sides..............................
With Reverse Cycle, without Louvered $89 $126
Sides..............................
------------------------------------------------------------------------
* No data submitted.
0
9. Appendices J1 and J2 to part 305 are revised to read as follows:
Appendix J1 to Part 305--Pool Heaters--Gas
Range Information
----------------------------------------------------------------------------------------------------------------
Range of thermal efficiencies (percent)
---------------------------------------------------------------
Manufacturer's rated heating capacities Natural gas Propane
---------------------------------------------------------------
Low High Low High
----------------------------------------------------------------------------------------------------------------
All capacities.................................. 78.2 95.0 78.2 95.0
----------------------------------------------------------------------------------------------------------------
Appendix J2 to Part 305--Pool Heaters--Oil
Range Information
------------------------------------------------------------------------
Range of thermal efficiencies
(percent)
Manufacturer's rated heating capacities -------------------------------
Low High
------------------------------------------------------------------------
All capacities.......................... * *
------------------------------------------------------------------------
* No data submitted.
0
10. Appendix K to part 305 is revised to read as follows:
Appendix K to Part 305--Representative Average Unit Energy Costs
This Table contains the representative unit energy costs that
must be utilized to calculate estimated annual energy cost
disclosures required under Sec. Sec. 305.11 and 305.20. This Table
is based on information published by the U.S. Department of Energy
in 2012. Unless otherwise indicated by the Commission, this table
will be revised in 2017.
Unit Costs of Energy for Use on EnergyGuide Labels Required by Sec. 305.11
----------------------------------------------------------------------------------------------------------------
As required by DOE test Dollars per
Type of energy In commonly used terms procedure million Btu 1
----------------------------------------------------------------------------------------------------------------
Electricity......................... 12.00[cent]/kWh 2,3 $.1200/kWh $34.70
Natural Gas......................... $1.06/therm 4 $0.00001035/Btu $10.35
$10.59/MCF 5,6
No. 2 heating oil................... $4.04/gallon 7 $0.00002912/Btu $29.12
Propane............................. $2.56/gallon 8 $0.00002803/Btu $28.03
Kerosene............................ $4.35/gallon 9 $0.00003222/Btu $32.22
----------------------------------------------------------------------------------------------------------------
1 Btu stands for British thermal unit.
2 kWh stands for kiloWatt hour.
3 1 kWh = 3,412 Btu.
4 1 therm = 100,000 Btu. Natural gas prices include taxes.
5 MCF stands for 1,000 cubic feet.
6 For the purposes of this table, 1 cubic foot of natural gas has an energy equivalence of 1,023 Btu.
[[Page 1792]]
7 For the purposes of this table, 1 gallon of No. 2 heating oil has an energy equivalence of 138,690 Btu.
8 For the purposes of this table, 1 gallon of liquid propane has an energy equivalence of 91,333 Btu.
9 For the purposes of this table, 1 gallon of kerosene has an energy equivalence of 135,000 Btu.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2013-00113 Filed 1-8-13; 8:45 am]
BILLING CODE 6750-01-P
