Energy Labeling Rule, 52024-52036 [2017-24381]

Download as PDF 52024 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules 3. Will not affect intrastate aviation in Alaska; and 4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ■ Airbus: Docket No. FAA–2016–9519; Product Identifier 2016–NM–099–AD. (a) Comments Due Date We must receive comments by December 26, 2017. sradovich on DSK3GMQ082PROD with PROPOSALS (b) Affected ADs None. (c) Applicability This AD applies to Airbus Model A319– 112, A319–115, A320–214, A320–232, and A321–211 airplanes, certificated in any category, manufacturer’s serial numbers 1479, 3096, 3693, 3713, 3739, 3791, 3896, 3902, 3907, 3931, 3949, 3969, 4030, 4045, 4049, 4059, 4066, 4077, 4083, 4124, 4146, 4158, 4188, 4198, 4206, 4209, 4218, 4235, 4255, 4264, 4304, 4321, 4371, 4374, 4395, 4411, 4417, 4431, 4485, 4492, 4502, 4528, 4541, 4548, 4592, 4595, 4638, 4651, 4669, 4703, 4724, 4737, 4746, 4770, 4780, 4783, 4826, 4827, 4860, 4863, 4865, 4902, 4934, 4945, 4951, 4952, 4971, 4996, 5023, 5029, 5042, 5088, 5095, 5132, 5159, 5164, 5171, 5175, 5192, 5210, 5227, 5241, 5247, 5251, 5275, 5277, 5297, 5306, 5340, 5343, 5348, 5356, 5366, 5370, 5385, 5387, 5392, 5396, 5400, 5407, 5418, 5427, 5438, 5456, 5458, 5469, 5495, 5517, 5555, 5624, 5674, 5678, 5698, 5699, 5704, 5709, 5714, 5791, 5745, 5753, 5761, 5781, 5786, 5788, 5789, 5798, 5804, 5810, 5821, 5827, 5842, 5874, 5882, 5889, 5903, 5907, 5916, 5924, 5958, 5984, 5994, 6000, 6004, 6054, 6080, 6107, 6166, 6176, 6234, 6266, 6293, 6335, 6344, 6365, 6430, and 6444. (d) Subject Air Transport Association (ATA) of America Code 25, Equipment/furnishings. VerDate Sep<11>2014 17:09 Nov 08, 2017 Jkt 244001 (e) Reason This AD was prompted by in-service experience and further analysis, which showed that the galley 5 without kick-load retainers was unable to withstand the expected loading during several flight phases or in case of emergency landing. We are issuing this AD to prevent galley/trolley detachment and collapse into an adjacent cabin aisle or cabin zone, possibly spreading loose galley equipment items, compartment doors, or leaking fluids. These hazards could block an evacuation route and result in injury to crew or passengers. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Install Kick-Load Retainers Within 12 months after the effective date of this AD, install kick-load retainers on the galley 5 trolley compartments as specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD, as applicable. For airplanes on which galley 5 is not installed, no action is required by this paragraph. (1) For Airbus Model A319–115 airplanes, manufacturer’s serial numbers 5678, 5698, 5704, 5745, 5753, 5761, 5781, 5786, 5788, 5789, 5798, 5810, 5827, and 5842, do the installation in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320–25–1B29, dated June 19, 2014. (2) For Airbus Model A320–232 airplanes, manufacturer’s serial numbers 5458, 5517, 5624, and 5804, do the installation in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320– 25–1B30, dated June 19, 2014. (3) For airplanes not identified in paragraph (g)(1) or (g)(2) of this AD, do the installation using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or Airbus’s EASA Design Organization Approval (DOA). (h) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Section, send it to the attention of the person identified in paragraph (i)(2) of this AD. Information may be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Airbus’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOAauthorized signature. (i) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2016–0040, dated March 2, 2016, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA– 2016–9519. (2) For more information about this AD, contact Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425– 227–1405; fax 425–227–1149. (3) For service information identified in this AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email account.airworth-eas@ airbus.com; Internet http://www.airbus.com. You may view this service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on October 11, 2017. Dionne Palermo, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2017–22556 Filed 11–8–17; 8:45 am] BILLING CODE 4910–13–P FEDERAL TRADE COMMISSION 16 CFR Part 305 [RIN 3084–AB15] Energy Labeling Rule Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’). ACTION: Notice of Proposed Rulemaking. AGENCY: The Commission proposes to amend the Energy Labeling Rule (‘‘Rule’’) by updating ranges of comparability and unit energy cost figures on EnergyGuide labels for dishwashers, furnaces, room air conditioners, and pool heaters. The Commission also proposes to set a compliance date for EnergyGuide labels on room air conditioner boxes. DATES: Comments must be received by December 4, 2017. 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 SUMMARY: E:\FR\FM\09NOP1.SGM 09NOP1 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules sradovich on DSK3GMQ082PROD with PROPOSALS below. Write ‘‘Energy Label Ranges, Matter No. R611004’’ on your comment, and file your comment online at https:// ftcpublic.commentworks.com/ftc/ labelranges by following the instructions on the web-based form. If you prefer to file your comment on paper, mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC–5610 (Annex E), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex E), Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326–2889, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Room CC–9528, 600 Pennsylvania Avenue NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: I. Background The Commission issued the Energy Labeling Rule (‘‘Rule’’) in 1979,1 pursuant to 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. It also contains labeling requirements for refrigerators, refrigerator-freezers, freezers, dishwashers, water heaters, clothes washers, room air conditioners, furnaces, central air conditioners, heat pumps, plumbing products, lighting products, ceiling fans, and televisions. The Rule requires manufacturers to attach yellow EnergyGuide labels to many covered products and prohibits retailers from removing these labels or rendering them illegible. In addition, it directs sellers, including retailers, to post label information on Web sites and in paper catalogs from which consumers can order products. EnergyGuide labels for most covered products contain three key disclosures: Estimated annual energy cost, a product’s energy consumption or energy efficiency rating as determined by DOE test procedures, and a comparability range displaying the highest and lowest energy costs or efficiency ratings for all similar models. For cost calculations, the Rule specifies national average costs for applicable 1 44 FR 66466 (Nov. 19, 1979). 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. 2 42 VerDate Sep<11>2014 17:09 Nov 08, 2017 Jkt 244001 energy sources (e.g., electricity, natural gas, oil) as calculated by DOE. Under the Rule, the Commission periodically updates comparability range and annual energy cost information based on manufacturer data submitted pursuant to the Rule’s reporting requirements.3 The Rule sets a five-year schedule for updating range of comparability and annual energy cost information.4 II. Proposed Amendments As discussed below, the Commission proposes to update comparability ranges (Appendices A–J to Part 305) and national average energy cost figures (Appendix K to Part 305) for several product categories consistent with the Rule’s five-year schedule. This document also contains changes to EnergyGuide label location for room air conditioners previously announced by the Commission.5 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 dishwashers, furnaces, pool heaters, and room air conditioners.6 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. In addition, the Commission is updating the average energy cost figures 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 on product labels within 90 days after publication 3 16 CFR 305.10. CFR 305.10. 5 The amendments include minor clarifying language to section 305.10(c) regarding the placement of energy cost information on the labels for certain models that have energy costs falling outside of the current ranges. The amendments also include changes to correct rule language in section 305.5 (obsolete reference to LED bulbs), section 305.8 (reference to the timing of reporting requirements), section 305.12 (sample label references for central air conditioners labels), and section 305.16 (plumbing disclosures). 6 16 CFR 305.10. This document also proposes to update the sample labels in the Rule’s appendices to reflect the new range and cost information and to include the minor label content changes discussed in this document. 7 82 FR 21213 (May 5, 2017) (DOE notice for ‘‘Representative Average Unit Costs of Energy’’). 4 16 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 52025 of a final rule in this proceeding. Manufacturers do not have to relabel products labeled prior to the effective date. The Commission also proposes amending the energy cost tables in Appendix K to clarify the cost applicable to various covered products.8 The Commission does not propose amending range and cost information for EnergyGuide labels for refrigerators, freezers, clothes washers, water heaters, central air conditioners, and televisions because label information for these products has been updated recently.9 Changing labels for these products again would unnecessarily burden manufacturers and potentially confuse consumers by introducing new label information in the marketplace so soon after recent changes.10 B. Room Air Conditioner Labels on Packages The proposed amendments also set a compliance date for changes to room air conditioner labels previously announced by the Commission. In 2015, the Commission announced final amendments to require labels on room air conditioner boxes and replace the EER (‘‘Energy Efficiency Ratio’’) disclosure with CEER (‘‘Combined Energy Efficiency Ratio’’) (80 FR 67285, 67292–3 (Nov. 2, 2015)). However, to reduce burden on manufacturers that use both the U.S. and Canadian labels, the Commission delayed a compliance date announcement until Natural Resources Canada (NRCan), which administers the Canadian EnerGuide labeling program, had announced similar provisions. On December 28, 2016, NRCan published regulatory amendments providing manufacturers the option to print the EnerGuide label on packaging (Canada Gazette, Vol. 150, No. 26 (Dec. 28, 2016)) in lieu of affixing the EnerGuide label to the product. Thus, now it is appropriate to announce a compliance date. To ensure ample time for manufacturers to redesign packaging, the Commission proposes to set an effective date of October 1, 2018. This date should coincide with the beginning of the product season giving 8 Applicable energy cost figures for ceiling fans, lighting products, and televisions appear in sections 305.13 (effective September 17, 2018), 305.15, and 305.17 respectively. 9 See 81 FR 63634 (Sept. 15, 2016) (new range information for refrigerators and freezers, water heaters, and central air conditioners effective June 12, 2017); 81 FR 7201 (Feb. 11, 2016) (new ranges for clothes washers effective May 11, 2016); and 80 FR 16259 (Mar. 27, 2015) (updated ranges for televisions effective July 15, 2015). 10 The Commission followed a similar approach during the last cycle of range and cost updates. See 78 FR 1779 (Jan. 9, 2013). E:\FR\FM\09NOP1.SGM 09NOP1 52026 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules manufacturers ample time to comply without undue burden. However, manufacturers may begin using labels on packages immediately after the Commission publishes final amendments to the ranges.11 Consistent with the Rule’s schedule for range updates (§ 305.10), this document includes proposed comparability range updates for room ACs and amendments to transition from the EER to CEER disclosure on the label. Under the Commission’s rules, new ranges must appear on labels within 90 days (§ 305.10) following publication of the final range amendments. In meeting the 90-day requirement, room AC manufacturers may either update their existing adhesive labels affixed to the unit itself or transition to the box labels. sradovich on DSK3GMQ082PROD with PROPOSALS III. Request for Comment You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before December 4, 2017. Write ‘‘Energy Label Ranges, Matter R611004’’ on your comment. Your comment—including your name and your state—will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission Web site, at https://www.ftc.gov/policy/ public-comments. Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at https:// ftcpublic.commentworks.com/ftc/ labelranges, by following the instructions on the web-based form. If this document appears at https:// www.regulations.gov, you also may file a comment through that Web site. If you prefer to file your comment on paper, write ‘‘Energy Label Ranges, Matter R611004’’ on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC–5610 (Annex E), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex E), Washington, DC 20024. If possible, submit your paper comment to the Commission by courier or overnight service. 11 The Commission is also updating the label to include CEER disclosures in place of EER as also announced in the November 2, 2015 Rule (80 FR 67285, 67292–3). VerDate Sep<11>2014 17:09 Nov 08, 2017 Jkt 244001 Because your comment will be placed on the publicly accessible FTC Web site at https://www.ftc.gov, you are solely responsible for making sure that your comment does not include any sensitive or confidential information. In particular, your comment should not include any sensitive personal information, such as your or anyone else’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. You are also solely responsible for making sure that your comment does not include any sensitive health information, such as medical records or other individually identifiable health information. In addition, your comment should not include any ‘‘trade secret or any commercial or financial information which . . . is privileged or confidential’’–as provided by Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)– including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. Comments containing material 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). In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c). Your comment will be kept confidential only if the General Counsel grants your request in accordance with the law and the public interest. Once your comment has been posted on the public FTC Web site—as legally required by FTC Rule 4.9(b)—we cannot redact or remove your comment from the FTC Web site, unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule 4.9(c), and the General Counsel grants that request. Visit the Commission Web site at https://www.ftc.gov to read this document and the news release describing it. 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 on or before December 4, 2017. You can find more information, PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 including routine uses permitted by the Privacy Act, in the Commission’s privacy policy, at: https://www.ftc.gov/ site-information/privacy-policy. 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 November 24, 2017, 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 November 30, 2019 (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 proposed amendments do not impose any new obligations on entities regulated by the Energy Labeling Rule. As explained elsewhere in this document, the proposed 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 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 proposed amendments E:\FR\FM\09NOP1.SGM 09NOP1 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules will not have a significant economic impact on a substantial number of small entities. VI. Proposed Rule Language List of Subjects in 16 CFR Part 305 Advertising, Energy conservation, Household appliances, Labeling, Reporting and recordkeeping requirements. For the reasons set out above, the Commission proposes to amend 16 CFR part 305 as follows: PART 305—ENERGY AND WATER USE LABELING FOR CONSUMER PRODUCTS UNDER THE ENERGY POLICY AND CONSERVATION ACT (‘‘ENERGY LABELING RULE’’) 1. The authority citation for Part 305 continues to read as follows: ■ Authority: 42 U.S.C. 6294. 2. In § 305.5, remove paragraph (c) and redesignate paragraph (d) as paragraph (c). ■ 3. In § 305.8, revise paragraph (c) to read as follows: ■ § 305.8 Submission of data. * * * * * (c) All information required by paragraph (a)(1) through (a)(3) of this section must be submitted for new models prior to any distribution of such model. Models subject to design or retrofit alterations which change the data contained in any annual report shall be reported in the manner required for new models. Models which are discontinued shall be reported in the next annual report. ■ 4. In § 305.10, paragraphs (a) and (b) are revised and paragraph (c)(3) is added to read as follows: § 305.10 Ranges of comparability on the required labels. sradovich on DSK3GMQ082PROD with PROPOSALS (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, ceiling fans, fluorescent lamp ballasts, lamps, metal halide lamp fixtures, 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 2022. 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 § 305.11 and disclosures as required by § 305.20 are listed in appendices K1 and K2 to this part. The Commission shall publish revised Representative Average Unit Energy Cost figures in the Federal Register in 2022. 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. (c) * * * (3) For refrigerator and refrigeratorfreezer labels: (i) If the model’s energy cost falls outside of either or both ranges on the label, include the language in paragraph (c)(2) of this section. (ii) If the model’s energy cost only falls outside of the range for models with similar features, but is within the range for all models, include the product on the scale and place a triangle below the dollar value. (iii) If the model’s energy cost falls outside of both ranges of comparability, omit the triangle beneath the yearly operating cost value. ■ 5. Amend § 305.11 by republishing paragraph (d) introductory text and adding paragraph (d)(3) to read as follows: the form of an adhesive label or a hang tag as follows: * * * * * (3) Package labels for certain products. Labels for electric instantaneous water heaters shall be printed on or affixed to the product’s packaging in a conspicuous location. Labels for room air conditioners produced on or after October 1, 2018 shall be printed on or affixed to the principal display panel of the product’s packaging. * * * * * ■ 6. In § 305.12, revise paragraphs (g)(12)(ii), (g)(13)(ii), and (g)(14)(ii) to read as follows: § 305.11 Labeling for refrigerators, refrigerator-freezers, freezers, dishwashers, clothes washers, water heaters, room air conditioners, and pool heaters. 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. * * * * * (d) Label types. Except as indicated in paragraph (d)(3) of this section, the labels must be affixed to the product in § 305.12 Labeling for central air conditioners, heat pumps, and furnaces. * * * * * (g) * * * (12) * * * (iii) A map appropriate for the model and accompanying text as illustrated in the sample label 7 in appendix L. * * * * * (13) * * * (ii) A map appropriate for the model and accompanying text as illustrated in the sample label 7 in appendix L. * * * * * (14) For any single-package air conditioner with a minimum EER below 11.0, the label must contain the following regional standards information: (ii) A map appropriate for the model and accompanying text as illustrated in the sample label 7 in appendix L. * * * * * ■ 7. Amend § 305.16 by removing paragraph (a)(5). ■ 8. Appendix C1 to Part 305 is revised to read as follows: Appendix C1 to Part 305—Compact Dishwashers Range of estimated annual energy costs (dollars/year) Capacity Low Compact ................................................................................................................................................................... VerDate Sep<11>2014 17:09 Nov 08, 2017 Jkt 244001 52027 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.SGM 09NOP1 High $17 $27 52028 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules 9. 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 Standard .................................................................................................................................................................. 10. Appendix E to Part 305 is revised to read as follows: High $26 $40 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/hr 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 ........................................................................................................................................ 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 $40 48 65 115 189 $53 72 127 182 386 * 58 69 117 * 68 * * 80 147 158 * 238 * * No sufficient data submitted. 11. Revise Appendices G1, G2, G3, G4, G5, G6, G7, and G8 to read as follows: Appendix G1 to Part 305—Furnaces— Gas ■ Range of annual fuel utilization efficiencies (AFUEs) Furnace type Low Non-Weatherized Gas Furnaces—All Capacities ................................................................................................... Weatherized Gas Furnaces—All Capacities ........................................................................................................... High 80.0 81.0 98.7 95.0 Appendix G2 to Part 305—Furnaces— Electric Range of annual fuel utilization efficiencies (AFUEs) sradovich on DSK3GMQ082PROD with PROPOSALS Furnace type Low Electric Furnaces—All Capacities ........................................................................................................................... Appendix G3 to Part 305—Furnaces— Oil VerDate Sep<11>2014 17:09 Nov 08, 2017 Jkt 244001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.SGM 09NOP1 High 100.0 100.0 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules 52029 Range of annual fuel utilization efficiencies (AFUEs) Type Low Non-Weatherized Oil Furnaces—All Capacities ...................................................................................................... Weatherized Oil Furnaces—All Capacities ............................................................................................................. High 83.0 78.0 96.7 83.0 Appendix G4 to Part 305—Mobile Home Furnaces—Gas Range of annual fuel utilization efficiencies (AFUEs) Type Low Mobile Home Gas Furnaces—All Capacities .......................................................................................................... High 80.0 97.3 Appendix G5 to Part 305—Mobile Home Furnaces—Oil Range of annual fuel utilization efficiencies (AFUEs) Type Low Mobile Home Oil Furnaces—All Capacities ............................................................................................................ High 80.0 87.0 Appendix G6 to Part 305—Boilers (Gas) Range of annual fuel utilization efficiencies (AFUEs) Type Low Gas Boilers (except steam)—All Capacities ........................................................................................................... Gas Boilers (steam)—All Capacities ....................................................................................................................... High 82.0 80.4 96.8 83.4 Appendix G7 to Part 305—Boilers (Oil) Range of annual fuel utilization efficiencies (AFUEs) Type Low Oil Boilers—All Capacities ....................................................................................................................................... High 84.0 90.0 Appendix G8 to Part 305—Boilers (Electric) Range of annual fuel utilization efficiencies (AFUEs) sradovich on DSK3GMQ082PROD with PROPOSALS Type Low Electric Boilers—All Capacities ............................................................................................................................... 12. Appendices J1 and J2 are revised to read as follows: ■ Appendix J1 to Part 305—Pool Heaters—Gas Range Information VerDate Sep<11>2014 17:09 Nov 08, 2017 Jkt 244001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.SGM 09NOP1 High 100 100 52030 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules Range of thermal efficiencies (percent) Manufacturer’s rated heating capacities Natural gas Low All capacities .................................................................................................... Appendix J2 to Part 305—Pool Heaters—Oil Manufacturer’s rated heating capacities 82.0 13. Appendix K to Part 305 is removed and Appendices K1 and K2 are added to read as follows: Low All capacities ......... High ■ Range of thermal efficiencies (percent) (*) Appendix K1 to Part 305— Representative Average Unit Energy Costs for Refrigerators, RefrigeratorFreezers, Freezers, Clothes Washers, and Water Heater Labels High (*) Propane Low 96.0 High 82.0 96.0 estimated annual energy cost disclosures required under sections 305.11 and 305.20 for refrigerators, refrigerator-freezers, freezers, clothes washers, and water heaters. This Table is based on information published by the U.S. Department of Energy in 2013. This Table contains the representative unit energy costs that must be utilized to calculate * No data submitted. Type of energy In commonly used terms As required by DOE test procedure Electricity ................................................. Natural Gas ............................................. No. 2 heating oil ..................................... Propane .................................................. Kerosene ................................................. ¢12.00/kWh 2 3 ........................................................................................................ $1.09/therm,4 $11.12/MCF 5 6 ................................................................................. $3.80/gallon 7 .......................................................................................................... $2.41/gallon 8 .......................................................................................................... $4.21/gallon 9 .......................................................................................................... $.1200/kWh. $0.0000109/Btu. $0.00002740/Btu. $0.00002639/Btu. $ 0.00003119/Btu. 1 Btu stands for British thermal unit. 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. 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. 2 kWh Appendix K2 to Part 305— Representative Average Unit Energy Costs for Dishwasher and Room Air Conditioner Labels This Table contains the representative unit energy costs that must be utilized to calculate estimated annual energy cost disclosures required under sections 305.11 and 305.20 for dishwashers and room air conditioners. This Table is based on information published by the U.S. Department of Energy in 2017. As required by DOE test procedure Type of energy In commonly used terms Electricity ................................................. Natural Gas ............................................. No. 2 Heating Oil .................................... Propane .................................................. Kerosene ................................................. ¢13.00/kWh 2 3 ........................................................................................................ $1.05/therm 4 or$10.86/MCF 5 6 .............................................................................. $2.59/gallon 7 .......................................................................................................... $1.53/gallon 8 .......................................................................................................... $3.01/gallon 9 .......................................................................................................... 1 Btu stands for British thermal units. stands for kilowatt hour. 3 1 kWh = 3,412 Btu. 4 1 therm = 100,000 Btu. 5 MCF stands for 1,000 cubic feet. 6 For the purposes of this table, one cubic foot of natural gas has an energy equivalence of 1,032 Btu. 7 For the purposes of this table, one gallon of No. 2 heating oil has an energy equivalence of 137,561 Btu. 8 For the purposes of this table, one gallon of liquid propane has an energy equivalence of 91,333 Btu. 9 For the purposes of this table, one gallon of kerosene has an energy equivalence of 135,000 Btu. sradovich on DSK3GMQ082PROD with PROPOSALS 2 kWh * * * * * 14. In Appendix L, revise sample labels 3 and 4, add sample label 6, and ■ revise sample labels 9, and 9A to read as follows: * * * * * BILLING CODE 6750–01–P VerDate Sep<11>2014 17:09 Nov 08, 2017 Jkt 244001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.SGM 09NOP1 $.1300/kWh. $0.00001052/Btu. $0.00001883/Btu. $0.00001672/Btu. $0.00002232/Btu. Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules 52031 Dishwasher The estimated lime the * * * VerDate Sep<11>2014 * * 17:09 Nov 08, 2017 Jkt 244001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.SGM 09NOP1 EP09NO17.017</GPH> sradovich on DSK3GMQ082PROD with PROPOSALS Sample Label 3 52032 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules U.S. Government Federal law removal of this label before consumer Room Air Conditioner Without Reverse With louvered Sides XYZ Corporation Modei12X4 Capacity: 11,000 BTUs Estimated Yearly Energy Cost $90 $127 $65 Cost Range of Similar Models 11.9 Combined Energy Efficiency Ratio Your cost will depend on your utility rates and use. • Cost range based on models of similar r,.,.,.,.m, without reverse with louvered sides. • Estimated energy cost based on a national average cost of 13 cents per kWh and a seasonal use of 8 hours a over a 3 month • For more visit * * * VerDate Sep<11>2014 * * 17:09 Nov 08, 2017 Jkt 244001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.SGM 09NOP1 EP09NO17.018</GPH> sradovich on DSK3GMQ082PROD with PROPOSALS Sample Label 4 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules * * VerDate Sep<11>2014 * * 17:09 Nov 08, 2017 Jkt 244001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.SGM 09NOP1 EP09NO17.019</GPH> sradovich on DSK3GMQ082PROD with PROPOSALS * 52033 52034 * * VerDate Sep<11>2014 * * 17:09 Nov 08, 2017 Jkt 244001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\09NOP1.SGM 09NOP1 EP09NO17.020</GPH> sradovich on DSK3GMQ082PROD with PROPOSALS * Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules 52035 98.7 VerDate Sep<11>2014 17:09 Nov 08, 2017 Jkt 244001 PO 00000 Frm 00021 Fmt 4702 Sfmt 9990 E:\FR\FM\09NOP1.SGM 09NOP1 EP09NO17.021</GPH> sradovich on DSK3GMQ082PROD with PROPOSALS Sample Label 9A 52036 * Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules * * * * By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2017–24381 Filed 11–8–17; 8:45 am] BILLING CODE 6750–01–C DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 11 and 101 [Docket No. FDA–2011–F–0172] Menu Labeling: Supplemental Guidance for Industry; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notification of availability. The Food and Drug Administration (FDA or we) is announcing the availability of a draft guidance for industry entitled ‘‘Menu Labeling: Supplemental Guidance for Industry.’’ The draft guidance, when finalized, will address concerns raised by stakeholders regarding the implementation of nutrition labeling required for foods sold in covered establishments. It includes expanded and new interpretations of policy, and identifies places where FDA intends to be more flexible in its approach. This draft guidance also includes many graphical depictions in order to convey our thinking on various topics and to provide examples of options for implementation. It addresses calorie disclosure signage for self-service foods, including buffets and grab-and-go foods; reasonable basis, and the criteria for considering the natural variation of foods; various methods for providing calorie disclosure information, including those for pizza; compliance and enforcement; and criteria for distinguishing between menus and other information presented to the consumer. DATES: Submit either electronic or written comments on the draft guidance by January 8, 2018 to ensure that the Agency considers your comment on the draft guidance before it begins work on the final version of the guidance. ADDRESSES: You may submit comments on any guidance at any time as follows: sradovich on DSK3GMQ082PROD with PROPOSALS SUMMARY: Electronic Submissions Submit electronic comments in the following way: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. VerDate Sep<11>2014 17:09 Nov 08, 2017 Jkt 244001 Comments submitted electronically, including attachments, to https:// www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else’s Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on https://www.regulations.gov. • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see ‘‘Written/Paper Submissions’’ and ‘‘Instructions’’). Written/Paper Submissions Submit written/paper submissions as follows: • Mail/Hand delivery/Courier (for written/paper submissions): Dockets Management Staff (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. • For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in ‘‘Instructions.’’ Instructions: All submissions received must include the Docket No. FDA– 2011–F–0172 for ‘‘Menu Labeling: Supplemental Guidance for Industry.’’ Received comments will be placed in the docket and, except for those submitted as ‘‘Confidential Submissions,’’ publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday. • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states ‘‘THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.’’ We will review this copy, including the claimed confidential information, in our consideration of comments. The second copy, which will have the claimed confidential information redacted/ PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 blacked out, will be available for public viewing and posted on https:// www.regulations.gov. Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as ‘‘confidential.’’ Any information marked as ‘‘confidential’’ will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA’s posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: https://www.gpo.gov/ fdsys/pkg/FR-2015-09-18/pdf/201523389.pdf. Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https:// www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the ‘‘Search’’ box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. You may submit comments on any guidance at any time (see 21 CFR 10.115(g)(5)). Submit written requests for single copies of the draft guidance to the Office of Nutrition and Food Labeling, HFS– 800, Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740. Send two selfaddressed adhesive labels to assist that office in processing your request. See the SUPPLEMENTARY INFORMATION section for electronic access to the draft guidance. FOR FURTHER INFORMATION CONTACT: Ashley Rulffes, Center for Food Safety and Applied Nutrition (HFS–820), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240–402– 2371. SUPPLEMENTARY INFORMATION: I. Background We are announcing the availability of a draft guidance for industry entitled ‘‘Menu Labeling Supplemental Guidance for Industry.’’ We are issuing the draft guidance consistent with our good guidance practices regulation (21 CFR 10.115). The draft guidance, when finalized, will represent the current thinking of FDA on this topic. It does not establish any rights for any person, and is not binding on FDA or the public. You can use an alternate approach if it satisfies the requirements of the E:\FR\FM\09NOP1.SGM 09NOP1

Agencies

[Federal Register Volume 82, Number 216 (Thursday, November 9, 2017)]
[Proposed Rules]
[Pages 52024-52036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24381]


=======================================================================
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FEDERAL TRADE COMMISSION

16 CFR Part 305

[RIN 3084-AB15]


Energy Labeling Rule

AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Commission proposes to amend the Energy Labeling Rule 
(``Rule'') by updating ranges of comparability and unit energy cost 
figures on EnergyGuide labels for dishwashers, furnaces, room air 
conditioners, and pool heaters. The Commission also proposes to set a 
compliance date for EnergyGuide labels on room air conditioner boxes.

DATES: Comments must be received by December 4, 2017.

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

[[Page 52025]]

below. Write ``Energy Label Ranges, Matter No. R611004'' on your 
comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/labelranges by following the 
instructions on the web-based form. If you prefer to file your comment 
on paper, mail your comment to the following address: Federal Trade 
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite 
CC-5610 (Annex E), Washington, DC 20580, or deliver your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex 
E), Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326-2889, 
Attorney, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, Room CC-9528, 600 Pennsylvania Avenue NW., 
Washington, DC 20580.

SUPPLEMENTARY INFORMATION:

I. Background

    The Commission issued the Energy Labeling Rule (``Rule'') in 
1979,\1\ pursuant to 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. 
It also contains labeling requirements for refrigerators, refrigerator-
freezers, freezers, dishwashers, water heaters, clothes washers, room 
air conditioners, furnaces, central air conditioners, heat pumps, 
plumbing products, lighting products, ceiling fans, and televisions.
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    \1\ 44 FR 66466 (Nov. 19, 1979).
    \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.
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    The Rule requires manufacturers to attach yellow EnergyGuide labels 
to many covered products and prohibits retailers from removing these 
labels or rendering them illegible. In addition, it directs sellers, 
including retailers, to post label information on Web sites and in 
paper catalogs from which consumers can order products. EnergyGuide 
labels for most covered products contain three key disclosures: 
Estimated annual energy cost, a product's energy consumption or energy 
efficiency rating as determined by DOE test procedures, and a 
comparability range displaying the highest and lowest energy costs or 
efficiency ratings for all similar models. For cost calculations, the 
Rule specifies national average costs for applicable energy sources 
(e.g., electricity, natural gas, oil) as calculated by DOE. Under the 
Rule, the Commission periodically updates comparability range and 
annual energy cost information based on manufacturer data submitted 
pursuant to the Rule's reporting requirements.\3\ The Rule sets a five-
year schedule for updating range of comparability and annual energy 
cost information.\4\
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    \3\ 16 CFR 305.10.
    \4\ 16 CFR 305.10.
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II. Proposed Amendments

    As discussed below, the Commission proposes to update comparability 
ranges (Appendices A-J to Part 305) and national average energy cost 
figures (Appendix K to Part 305) for several product categories 
consistent with the Rule's five-year schedule. This document also 
contains changes to EnergyGuide label location for room air 
conditioners previously announced by the Commission.\5\
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    \5\ The amendments include minor clarifying language to section 
305.10(c) regarding the placement of energy cost information on the 
labels for certain models that have energy costs falling outside of 
the current ranges. The amendments also include changes to correct 
rule language in section 305.5 (obsolete reference to LED bulbs), 
section 305.8 (reference to the timing of reporting requirements), 
section 305.12 (sample label references for central air conditioners 
labels), and section 305.16 (plumbing disclosures).
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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 dishwashers, furnaces, pool heaters, 
and room air conditioners.\6\ 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. In addition, the 
Commission is updating the average energy cost figures 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 on product labels within 90 days after publication of a 
final rule in this proceeding. Manufacturers do not have to relabel 
products labeled prior to the effective date. The Commission also 
proposes amending the energy cost tables in Appendix K to clarify the 
cost applicable to various covered products.\8\
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    \6\ 16 CFR 305.10. This document also proposes to update the 
sample labels in the Rule's appendices to reflect the new range and 
cost information and to include the minor label content changes 
discussed in this document.
    \7\ 82 FR 21213 (May 5, 2017) (DOE notice for ``Representative 
Average Unit Costs of Energy'').
    \8\ Applicable energy cost figures for ceiling fans, lighting 
products, and televisions appear in sections 305.13 (effective 
September 17, 2018), 305.15, and 305.17 respectively.
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    The Commission does not propose amending range and cost information 
for EnergyGuide labels for refrigerators, freezers, clothes washers, 
water heaters, central air conditioners, and televisions because label 
information for these products has been updated recently.\9\ Changing 
labels for these products again would unnecessarily burden 
manufacturers and potentially confuse consumers by introducing new 
label information in the marketplace so soon after recent changes.\10\
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    \9\ See 81 FR 63634 (Sept. 15, 2016) (new range information for 
refrigerators and freezers, water heaters, and central air 
conditioners effective June 12, 2017); 81 FR 7201 (Feb. 11, 2016) 
(new ranges for clothes washers effective May 11, 2016); and 80 FR 
16259 (Mar. 27, 2015) (updated ranges for televisions effective July 
15, 2015).
    \10\ The Commission followed a similar approach during the last 
cycle of range and cost updates. See 78 FR 1779 (Jan. 9, 2013).
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B. Room Air Conditioner Labels on Packages

    The proposed amendments also set a compliance date for changes to 
room air conditioner labels previously announced by the Commission. In 
2015, the Commission announced final amendments to require labels on 
room air conditioner boxes and replace the EER (``Energy Efficiency 
Ratio'') disclosure with CEER (``Combined Energy Efficiency Ratio'') 
(80 FR 67285, 67292-3 (Nov. 2, 2015)). However, to reduce burden on 
manufacturers that use both the U.S. and Canadian labels, the 
Commission delayed a compliance date announcement until Natural 
Resources Canada (NRCan), which administers the Canadian EnerGuide 
labeling program, had announced similar provisions. On December 28, 
2016, NRCan published regulatory amendments providing manufacturers the 
option to print the EnerGuide label on packaging (Canada Gazette, Vol. 
150, No. 26 (Dec. 28, 2016)) in lieu of affixing the EnerGuide label to 
the product. Thus, now it is appropriate to announce a compliance date.
    To ensure ample time for manufacturers to redesign packaging, the 
Commission proposes to set an effective date of October 1, 2018. This 
date should coincide with the beginning of the product season giving

[[Page 52026]]

manufacturers ample time to comply without undue burden. However, 
manufacturers may begin using labels on packages immediately after the 
Commission publishes final amendments to the ranges.\11\ Consistent 
with the Rule's schedule for range updates (Sec.  305.10), this 
document includes proposed comparability range updates for room ACs and 
amendments to transition from the EER to CEER disclosure on the label. 
Under the Commission's rules, new ranges must appear on labels within 
90 days (Sec.  305.10) following publication of the final range 
amendments. In meeting the 90-day requirement, room AC manufacturers 
may either update their existing adhesive labels affixed to the unit 
itself or transition to the box labels.
---------------------------------------------------------------------------

    \11\ The Commission is also updating the label to include CEER 
disclosures in place of EER as also announced in the November 2, 
2015 Rule (80 FR 67285, 67292-3).
---------------------------------------------------------------------------

III. Request for Comment

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before December 4, 
2017. Write ``Energy Label Ranges, Matter R611004'' on your comment. 
Your comment--including your name and your state--will be placed on the 
public record of this proceeding, including, to the extent practicable, 
on the public Commission Web site, at https://www.ftc.gov/policy/public-comments.
    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/labelranges, by following the instructions on the web-based form. 
If this document appears at https://www.regulations.gov, you also may 
file a comment through that Web site.
    If you prefer to file your comment on paper, write ``Energy Label 
Ranges, Matter R611004'' on your comment and on the envelope, and mail 
your comment to the following address: Federal Trade Commission, Office 
of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex E), 
Washington, DC 20580, or deliver your comment to the following address: 
Federal Trade Commission, Office of the Secretary, Constitution Center, 
400 7th Street SW., 5th Floor, Suite 5610 (Annex E), Washington, DC 
20024. If possible, submit your paper comment to the Commission by 
courier or overnight service.
    Because your comment will be placed on the publicly accessible FTC 
Web site at https://www.ftc.gov, you are solely responsible for making 
sure that your comment does not include any sensitive or confidential 
information. In particular, your comment should not include any 
sensitive personal information, such as your or anyone else'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. You are also 
solely responsible for making sure that your comment does not include 
any sensitive health information, such as medical records or other 
individually identifiable health information. In addition, your comment 
should not include any ``trade secret or any commercial or financial 
information which . . . is privileged or confidential''-as provided by 
Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 
16 CFR 4.10(a)(2)-including in particular competitively sensitive 
information such as costs, sales statistics, inventories, formulas, 
patterns, devices, manufacturing processes, or customer names.
    Comments containing material 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). In particular, 
the written request for confidential treatment that accompanies the 
comment must include the factual and legal basis for the request, and 
must identify the specific portions of the comment to be withheld from 
the public record. See FTC Rule 4.9(c). Your comment will be kept 
confidential only if the General Counsel grants your request in 
accordance with the law and the public interest. Once your comment has 
been posted on the public FTC Web site--as legally required by FTC Rule 
4.9(b)--we cannot redact or remove your comment from the FTC Web site, 
unless you submit a confidentiality request that meets the requirements 
for such treatment under FTC Rule 4.9(c), and the General Counsel 
grants that request.
    Visit the Commission Web site at https://www.ftc.gov to read this 
document and the news release describing it. 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 on or before December 4, 2017. You can find more 
information, including routine uses permitted by the Privacy Act, in 
the Commission's privacy policy, at: https://www.ftc.gov/site-information/privacy-policy.
    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 November 
24, 2017, 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 November 
30, 2019 (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 proposed amendments do not 
impose any new obligations on entities regulated by the Energy Labeling 
Rule. As explained elsewhere in this document, the proposed 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 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 proposed amendments

[[Page 52027]]

will not have a significant economic impact on a substantial number of 
small entities.

VI. Proposed Rule Language

List of Subjects in 16 CFR Part 305

    Advertising, Energy conservation, Household appliances, Labeling, 
Reporting and recordkeeping requirements.

    For the reasons set out above, the Commission proposes to amend 16 
CFR part 305 as follows:

PART 305--ENERGY AND WATER USE LABELING FOR CONSUMER PRODUCTS UNDER 
THE ENERGY POLICY AND CONSERVATION ACT (``ENERGY 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.  305.5, remove paragraph (c) and redesignate paragraph (d) 
as paragraph (c).
0
3. In Sec.  305.8, revise paragraph (c) to read as follows:


Sec.  305.8   Submission of data.

* * * * *
    (c) All information required by paragraph (a)(1) through (a)(3) of 
this section must be submitted for new models prior to any distribution 
of such model. Models subject to design or retrofit alterations which 
change the data contained in any annual report shall be reported in the 
manner required for new models. Models which are discontinued shall be 
reported in the next annual report.
0
4. In Sec.  305.10, paragraphs (a) and (b) are revised and paragraph 
(c)(3) is added 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, 
ceiling fans, fluorescent lamp ballasts, lamps, metal halide lamp 
fixtures, 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 2022. 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 
appendices K1 and K2 to this part. The Commission shall publish revised 
Representative Average Unit Energy Cost figures in the Federal Register 
in 2022. 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.
    (c) * * *
    (3) For refrigerator and refrigerator-freezer labels:
    (i) If the model's energy cost falls outside of either or both 
ranges on the label, include the language in paragraph (c)(2) of this 
section.
    (ii) If the model's energy cost only falls outside of the range for 
models with similar features, but is within the range for all models, 
include the product on the scale and place a triangle below the dollar 
value.
    (iii) If the model's energy cost falls outside of both ranges of 
comparability, omit the triangle beneath the yearly operating cost 
value.
0
5. Amend Sec.  305.11 by republishing paragraph (d) introductory text 
and adding paragraph (d)(3) to read as follows:


Sec.  305.11   Labeling for refrigerators, refrigerator-freezers, 
freezers, dishwashers, clothes washers, water heaters, room air 
conditioners, and pool heaters.

* * * * *
    (d) Label types. Except as indicated in paragraph (d)(3) of this 
section, the labels must be affixed to the product in the form of an 
adhesive label or a hang tag as follows:
* * * * *
    (3) Package labels for certain products. Labels for electric 
instantaneous water heaters shall be printed on or affixed to the 
product's packaging in a conspicuous location. Labels for room air 
conditioners produced on or after October 1, 2018 shall be printed on 
or affixed to the principal display panel of the product's packaging.
* * * * *
0
6. In Sec.  305.12, revise paragraphs (g)(12)(ii), (g)(13)(ii), and 
(g)(14)(ii) to read as follows:


Sec.  305.12  Labeling for central air conditioners, heat pumps, and 
furnaces.

* * * * *
    (g) * * *
    (12) * * *
    (iii) A map appropriate for the model and accompanying text as 
illustrated in the sample label 7 in appendix L.
* * * * *
    (13) * * *
    (ii) A map appropriate for the model and accompanying text as 
illustrated in the sample label 7 in appendix L.
* * * * *
    (14) For any single-package air conditioner with a minimum EER 
below 11.0, the label must contain the following regional standards 
information:
    (ii) A map appropriate for the model and accompanying text as 
illustrated in the sample label 7 in appendix L.
* * * * *
0
7. Amend Sec.  305.16 by removing paragraph (a)(5).
0
8. 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.................................             $17             $27
------------------------------------------------------------------------


[[Page 52028]]

0
9. 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................................             $26             $40
------------------------------------------------------------------------

0
10. 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/hr                 -------------------------------
                                                Low            High
------------------------------------------------------------------------
Without Reverse Cycle and with Louvered
 Sides:
    Less than 6,000 Btu.................             $40             $53
    6,000 to 7,999 Btu..................              48              72
    8,000 to 13,999 Btu.................              65             127
    14,000 to 19,999 Btu................             115             182
    20,000 and more Btu.................             189             386
Without Reverse Cycle and without
 Louvered Sides:
    Less than 6,000 Btu.................               *               *
    6,000 to 7,999 Btu..................              58              80
    8,000 to 13,999 Btu.................              69             147
    14,000 to 19,999 Btu................             117             158
    20,000 and more Btu.................               *               *
With Reverse Cycle and with Louvered                  68             238
 Sides..................................
With Reverse Cycle, without Louvered                   *               *
 Sides..................................
------------------------------------------------------------------------
* No sufficient data submitted.

0
11. Revise Appendices G1, G2, G3, G4, G5, G6, G7, and G8 to read as 
follows:

Appendix G1 to Part 305--Furnaces--Gas

------------------------------------------------------------------------
                                               Range of annual fuel
                                             utilization efficiencies
              Furnace type                            (AFUEs)
                                         -------------------------------
                                                Low            High
------------------------------------------------------------------------
Non-Weatherized Gas Furnaces--All                   80.0            98.7
 Capacities.............................
Weatherized Gas Furnaces--All Capacities            81.0            95.0
------------------------------------------------------------------------

Appendix G2 to Part 305--Furnaces--Electric

------------------------------------------------------------------------
                                        Range of annual fuel utilization
                                              efficiencies (AFUEs)
             Furnace type              ---------------------------------
                                              Low              High
------------------------------------------------------------------------
Electric Furnaces--All Capacities.....           100.0            100.0
------------------------------------------------------------------------

Appendix G3 to Part 305--Furnaces--Oil

[[Page 52029]]



------------------------------------------------------------------------
                                               Range of annual fuel
                                             utilization efficiencies
                  Type                                (AFUEs)
                                         -------------------------------
                                                Low            High
------------------------------------------------------------------------
Non-Weatherized Oil Furnaces--All                   83.0            96.7
 Capacities.............................
Weatherized Oil Furnaces--All Capacities            78.0            83.0
------------------------------------------------------------------------

Appendix G4 to Part 305--Mobile Home Furnaces--Gas

------------------------------------------------------------------------
                                               Range of annual fuel
                                             utilization efficiencies
                  Type                                (AFUEs)
                                         -------------------------------
                                                Low            High
------------------------------------------------------------------------
Mobile Home Gas Furnaces--All Capacities            80.0            97.3
------------------------------------------------------------------------

Appendix G5 to Part 305--Mobile Home Furnaces--Oil

------------------------------------------------------------------------
                                               Range of annual fuel
                                             utilization efficiencies
                  Type                                (AFUEs)
                                         -------------------------------
                                                Low            High
------------------------------------------------------------------------
Mobile Home Oil Furnaces--All Capacities            80.0            87.0
------------------------------------------------------------------------

Appendix G6 to Part 305--Boilers (Gas)

------------------------------------------------------------------------
                                               Range of annual fuel
                                             utilization efficiencies
                  Type                                (AFUEs)
                                         -------------------------------
                                                Low            High
------------------------------------------------------------------------
Gas Boilers (except steam)--All                     82.0            96.8
 Capacities.............................
Gas Boilers (steam)--All Capacities.....            80.4            83.4
------------------------------------------------------------------------

Appendix G7 to Part 305--Boilers (Oil)

------------------------------------------------------------------------
                                               Range of annual fuel
                                             utilization efficiencies
                  Type                                (AFUEs)
                                         -------------------------------
                                                Low            High
------------------------------------------------------------------------
Oil Boilers--All Capacities.............            84.0            90.0
------------------------------------------------------------------------

Appendix G8 to Part 305--Boilers (Electric)

------------------------------------------------------------------------
                                               Range of annual fuel
                                             utilization efficiencies
                  Type                                (AFUEs)
                                         -------------------------------
                                                Low            High
------------------------------------------------------------------------
Electric Boilers--All Capacities........             100             100
------------------------------------------------------------------------

0
12. Appendices J1 and J2 are revised to read as follows:

Appendix J1 to Part 305--Pool Heaters--Gas

Range Information

[[Page 52030]]



----------------------------------------------------------------------------------------------------------------
                                                              Range of thermal efficiencies (percent)
                                                 ---------------------------------------------------------------
     Manufacturer's rated heating capacities                Natural gas                       Propane
                                                 ---------------------------------------------------------------
                                                        Low            High             Low            High
----------------------------------------------------------------------------------------------------------------
All capacities..................................            82.0            96.0            82.0            96.0
----------------------------------------------------------------------------------------------------------------

Appendix J2 to Part 305--Pool Heaters--Oil

------------------------------------------------------------------------
                                                    Range of thermal
                                                 efficiencies (percent)
    Manufacturer's rated heating capacities    -------------------------
                                                    Low          High
------------------------------------------------------------------------
All capacities................................         (*)          (*)
------------------------------------------------------------------------
* No data submitted.

0
13. Appendix K to Part 305 is removed and Appendices K1 and K2 are 
added to read as follows:

Appendix K1 to Part 305--Representative Average Unit Energy Costs for 
Refrigerators, Refrigerator-Freezers, Freezers, Clothes Washers, and 
Water Heater Labels

    This Table contains the representative unit energy costs that 
must be utilized to calculate estimated annual energy cost 
disclosures required under sections 305.11 and 305.20 for 
refrigerators, refrigerator-freezers, freezers, clothes washers, and 
water heaters. This Table is based on information published by the 
U.S. Department of Energy in 2013.

----------------------------------------------------------------------------------------------------------------
              Type of energy                    In commonly used terms        As required by DOE test procedure
----------------------------------------------------------------------------------------------------------------
Electricity..............................  [cent]12.00/kWh 2 3.............  $.1200/kWh.
Natural Gas..............................  $1.09/therm,\4\ $11.12/MCF 5 6..  $0.0000109/Btu.
No. 2 heating oil........................  $3.80/gallon \7\................  $0.00002740/Btu.
Propane..................................  $2.41/gallon \8\................  $0.00002639/Btu.
Kerosene.................................  $4.21/gallon \9\................  $ 0.00003119/Btu.
----------------------------------------------------------------------------------------------------------------
\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.
\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.

Appendix K2 to Part 305--Representative Average Unit Energy Costs for 
Dishwasher and Room Air Conditioner Labels

    This Table contains the representative unit energy costs that 
must be utilized to calculate estimated annual energy cost 
disclosures required under sections 305.11 and 305.20 for 
dishwashers and room air conditioners. This Table is based on 
information published by the U.S. Department of Energy in 2017.

----------------------------------------------------------------------------------------------------------------
              Type of energy                    In commonly used terms        As required by DOE test procedure
----------------------------------------------------------------------------------------------------------------
Electricity..............................  [cent]13.00/kWh 2 3.............  $.1300/kWh.
Natural Gas..............................  $1.05/therm \4\ or$10.86/MCF 5 6  $0.00001052/Btu.
No. 2 Heating Oil........................  $2.59/gallon \7\................  $0.00001883/Btu.
Propane..................................  $1.53/gallon \8\................  $0.00001672/Btu.
Kerosene.................................  $3.01/gallon \9\................  $0.00002232/Btu.
----------------------------------------------------------------------------------------------------------------
\1\ Btu stands for British thermal units.
\2\ kWh stands for kilowatt hour.
\3\ 1 kWh = 3,412 Btu.
\4\ 1 therm = 100,000 Btu.
\5\ MCF stands for 1,000 cubic feet.
\6\ For the purposes of this table, one cubic foot of natural gas has an energy equivalence of 1,032 Btu.
\7\ For the purposes of this table, one gallon of No. 2 heating oil has an energy equivalence of 137,561 Btu.
\8\ For the purposes of this table, one gallon of liquid propane has an energy equivalence of 91,333 Btu.
\9\ For the purposes of this table, one gallon of kerosene has an energy equivalence of 135,000 Btu.

* * * * *
0
14. In Appendix L, revise sample labels 3 and 4, add sample label 6, 
and revise sample labels 9, and 9A to read as follows:
* * * * *
BILLING CODE 6750-01-P

[[Page 52031]]

[GRAPHIC] [TIFF OMITTED] TP09NO17.017

* * * * *

[[Page 52032]]

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* * * * *

[[Page 52033]]

[GRAPHIC] [TIFF OMITTED] TP09NO17.019

* * * * *

[[Page 52034]]

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* * * * *

[[Page 52035]]

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[[Page 52036]]


* * * * *

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2017-24381 Filed 11-8-17; 8:45 am]
 BILLING CODE 6750-01-C