Energy Labeling Rule, 7593-7608 [2018-03665]
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Rules and Regulations
Federal Register
Vol. 83, No. 36
Thursday, February 22, 2018
The Commission amends 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 sets a compliance date
of October 1, 2019 for EnergyGuide
labels on room air conditioner boxes
and makes several minor clarifications
and corrections to the Rule.
DATES: The amendments are effective
May 23, 2018.
ADDRESSES: Relevant portions of the
record of this proceeding, including this
document, are available at https://
www.ftc.gov.
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 websites 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.
The Rule also sets a five-year schedule
for updating comparability range and
annual energy cost information.3
FOR FURTHER INFORMATION CONTACT:
II. Proposed Amendments
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
FEDERAL TRADE COMMISSION
16 CFR Part 305
RIN 3084–AB15
Energy Labeling Rule
Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’).
ACTION: Final rule.
AGENCY:
SUMMARY:
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:
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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
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
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In a November 9, 2017 Notice of
Proposed Rulemaking (NPRM), the
Commission sought comment on
proposed updates to the Rule’s
comparability ranges and amendments
to set a compliance date for
EnergyGuide labels on room air
conditioner boxes. The Commission
received 10 comments in response.4
After reviewing the comments, the
3 16
CFR 305.10.
82 FR 52024. The comments received in
response to the NPRM are here: https://
www.ftc.gov/policy/public-comments/2017/12/
initiative-730. The comments included: AirConditioning, Heating, and Refrigeration Institute
(AHRI) (#00006); American Public Gas Association
(APGA) (#00007); National Electrical Manufacturers
Association (NEMA) (#00008); Association of Home
Appliance Manufacturers (AHAM) (#00009);
Earthjustice (‘‘Joint Commenters’’) (#00010); Grear
(#00011); Kremer (#00005); O’Hare (#00004);
Castillo (#00003); and Chambers (#00002).
4 See
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Commission now issues final
amendments addressing these issues.
III. Final Amendments
A. Comparability Range and Energy
Cost Revisions
Background: In the NPRM, the
Commission proposed revisions to the
comparability range and energy cost
information for dishwashers, furnaces,
pool heaters, and room air
conditioners.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. In addition, the
Commission proposed 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.6 The
Commission also proposed amending
the energy cost tables in Appendix K to
clarify the cost applicable to various
covered products.7 To effect these
changes, the Commission proposed
amending the applicable tables in the
Rule’s appendices. Under the Rule
(§ 305.10), manufacturers must begin
using this new information on product
labels within 90 days after publication
of the updated tables.
The Commission did not propose
amending the range and cost
information for EnergyGuide labels for
refrigerators, freezers, clothes washers,
water heaters, central air conditioners,
and televisions because the Commission
has recently updated label information
for these products.8 The Commission
explained in the NPRM that changing
labels for these products so soon would
unnecessarily burden manufacturers
5 16 CFR 305.10. This document also updates 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.
6 82 FR 21213 (May 5, 2017) (DOE notice for
‘‘Representative Average Unit Costs of Energy’’).
7 Applicable energy cost figures for ceiling fans,
lighting products, and televisions appear in
§§ 305.13 (effective September 17, 2018), 305.15,
and 305.17 respectively.
8 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).
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and potentially confuse consumers by
introducing new label information in
the marketplace.9
Comments: Though commenters
generally supported the updated ranges,
AHRI and O’Hare recommended minor
changes. Specifically, AHRI noted that
the new range for oil-fired boilers
should reflect several models rated at an
Annual Fuel Utilization Efficiency
(AFUE) of 82.0. O’Hare suggested the
upper end of the pool heater thermal
efficiency range on the sample label be
96.0 to reflect the amended table in
Appendix J1.
In addition, several energy efficiency
and consumer organizations (the ‘‘Joint
Commenters’’) recommended new
ranges for clothes washers. They
explained that new DOE standards,
which become effective in January 2018,
will significantly change the lower end
of the ranges for these products (for both
standard and compact capacity
categories) by removing many existing
lower efficiency models from the
market. In the Joint Commenters’ view,
delay in updating the ranges will result
in ranges that include products no
longer manufactured, thus misleading
consumers about the efficiency and
operating costs of models in production.
The commenters also argued that such
inaccurate ranges would violate EPCA’s
directive (see 42 U.S.C. 6294(c)(1)(B)) to
provide range information for ‘‘covered
products to which the rule applies.’’
Discussion: The Commission amends
the Rule to implement the updates
proposed in the NPRM and the minor
changes suggested by the commenters.
The Commission, however, does not
update the clothes washer ranges at this
time. Because the Commission updated
the range data for clothes washer labels
in 2016 (81 FR 7201 (Feb. 11, 2016)), it
is reluctant to change the labels again
after such a short interval because it
would create inconsistent labels for
consumers during the transition and
unnecessarily burden manufacturers.
However, the Commission will review
new clothes washer data in light of the
new DOE 2018 standards and consider
whether to propose updating the ranges.
The Commission does not agree with
the Joint Commenters that the current
ranges violate EPCA’s directive to
provide range information for ‘‘covered
products to which the rule applies.’’
The Commission interprets this
statutory instruction, together with the
directive in 42 U.S.C. 6294(c)(2)(B), as
applying to general product types (i.e.,
categories), not to individual models.
9 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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Furthermore, models frequently appear
in the market that may fall outside of
the Rule’s current range, and the statute
contains no requirement for the
Commission to update ranges
continuously. Indeed, the law prohibits
the Commission from updating ranges
more often than annually.10
B. Room Air Conditioner Labels on
Packages
Background: In the NPRM, the
Commission proposed a compliance
date for changes to room air conditioner
labels. In 2015, the Commission
announced final amendments requiring
labels on room air conditioner boxes
and replacing 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. The Commission
then proposed a compliance date of
October 1, 2018, explaining that October
coincides with the beginning of the
industry’s annual production cycle (i.e.,
the cooling season).
Comments: AHAM generally
supported the change from EER to
CEER, as well as the transition to labels
on product boxes. However, it urged the
Commission to provide additional time
for this transition. Specifically, AHAM
argued that the change will require
manufacturers to completely redesign
their packaging to accommodate the
label. Accordingly, AHAM requested
that the Commission set an October 1,
2019 date for the box labels.
Discussion: In response to AHAM’s
concerns, the Commission sets the
compliance date at October 1, 2019 to
provide manufacturers ample time to
make the transition to box labels. As
indicated in the NPRM, manufacturers
generally deploy their product lines on
an annual basis beginning in October of
each year. According to AHAM, an
October 2018 compliance date likely
would not provide adequate time for
making the required changes. In
addition, the Commission expects a
compliance date falling in the middle of
10 42
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the annual production cycle could cause
significant disruption. If they so choose,
manufacturers may begin using the
labels on packages before the October 1,
2019 compliance date. In the meantime,
they must continue to affix labels to the
products themselves and provide labels
online. The amendments also change
the label’s efficiency disclosure from
EER to CEER as proposed.11
Manufacturers should begin using CEER
along with the new ranges published in
this document (i.e., within 90 days of
publication).
C. Technical Corrections and
Clarifications
Background: In the NPRM, the
Commission proposed several minor
clarifying and corrective amendments.
These included a clarification to
§ 305.10(c) regarding labeling for models
falling outside of the current ranges, as
well as corrections to §§ 305.5 (obsolete
reference to LED bulb tests), 305.8
(reference to the timing of reporting
requirements), 305.12 (sample label
references for central air conditioners
labels), and 305.16 (plumbing
disclosures).
Comments: Several commenters,
including AHAM and NEMA, supported
these minor amendments. No comments
opposed them. However, AHAM
requested additional clarifications. First,
it recommended replacing the term
‘‘operating cost’’ with ‘‘energy cost’’ in
§ 305.10(c)(2) and on the sample clothes
washer label in appendix L to ensure
consistency with other sample labels
and Rule provisions. According to
AHAM, industry members have used
the term ‘‘energy cost’’ on labels
prepared pursuant to § 305.10 for this
reason. In addition, most of the labels
and applicable Rule text in § 305.11 use
the term ‘‘energy cost.’’ AHAM urged
the Commission to provide ample time
for manufacturers to make any
necessary changes.
AHAM also urged the Commission to
clarify the label language required for
describing refrigerator-freezers that do
not have through-the-door ice service.
AHAM noted that the Rule’s sample
label uses the phrase ‘‘no through-thedoor ice,’’ whereas the comparability
range tables in appendix A state
‘‘Without Through-the-door-ice.’’
Although AHAM did not express a
preference for the applicable language,
it requested sufficient time for their
members to change labels to avoid waste
and unnecessary cost should the
Commission issue a clarification.
Discussion: The Commission amends
the Rule to include the proposed
11 80
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clarifications and technical corrections,
including replacing the term ‘‘operating
cost’’ with ‘‘energy cost’’ in
§ 305.10(c)(2) and on the clothes washer
label as suggested by AHAM. The
Commission does not expect these
corrections to create any additional
burden for manufacturers because
current practice appears to be consistent
with most of these changes. However, to
the extent that manufacturers must
change existing labels, they may do so
after exhausting their current label
supply to avoid unnecessary costs.
Should individual manufacturers have
questions about revising labels, they can
contact FTC staff for guidance.12
The Commission, however, declines
to amend the Rule’s descriptions for
refrigerator-freezers. The current Rule
sets only general requirements for the
content of these product descriptions at
the labels top left and does not prescribe
exact language that manufacturers must
use.13 Accordingly, manufacturers may
continue to use their present
descriptions provided they are
consistent with the Rule’s refrigeratorfreezer categories. The Commission may
consider amending the Rule in the
future to require uniform descriptors for
refrigerator-freezers should stakeholders
desire such a change. For now, without
further notice and comment, the
Commission does not change this
provision of the Rule.
D. Additional Issues Raised in
Comments
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A few commenters offered broad
suggestions to improve aspects of the
Energy Labeling Rule not discussed in
NPRM, thus falling outside of the scope
of the proposed amendments.14 For
instance, the American Public Gas
Association (APGA) recommended the
Commission consider requiring source12 In addition, the final amendments correct
§ 305.11 to reinsert paragraphs (f)(10) and (11),
which were inadvertently omitted in an earlier
rulemaking (81 FR 63634, Sept. 15, 2016)). The
Commission finds good cause for implementing the
technical corrections recommended by AHAM and
the correction to § 305.11 without further notice
and comment. See 5 U.S.C. 553(b)(3)(B); 5 CFR
1.26(b).
13 Though the model descriptions at the label’s
top left portion must be ‘‘consistent’’ with the tables
in appendix A (§ 305.11(f)(4)), such descriptions do
not have to track the language in the tables exactly.
See 81 FR 63634, 63639, n. 39 (Sept. 15, 2016)
(adding the requirements in § 305.11(f)(4) to ensure
manufacturers do not list extraneous product
features). However, explanatory language at the
label’s lower section must contain the specific
descriptors set out in § 305.11(f)(9)(iii)) (‘‘models
with similar features . . .’’).
14 Other comments (Castillo and Chambers)
expressed general support for the Rule. One
commenter (Kremer) argued that the Rule’s labeling
is ‘‘redundant’’ and that consumers only need
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based energy efficiency descriptors on
the EnergyGuide labels to provide
consumers with broader information
about the overall environmental impacts
of product use. APGA also urged the
Commission to consider using marginal
energy cost figures for calculating
annual energy costs on labels, indicating
that the average cost figures currently
used for the labels overstate the costs.
APGA urged the Commission to raise
these issues in the future for further
discussion.
Gear also provided several
suggestions to improve the labels. First,
Gear recommended state-by-state energy
cost disclosures on the label to provide
consumers with energy information
reflecting the utility rates where they
live. If such disclosures prove
impracticable for individual labels, the
commenter suggested the Commission
consider providing this information
online. Second, Gear recommended the
label contain a ‘‘yearly cost compared to
average’’ disclosure, as well as other
design changes to address reported
concerns with consumer
comprehension. Finally, Gear
recommended the Commission consider
requiring labels for clothes dryers.
At this time, the Commission does not
propose additional changes to the Rule,
though it may consider such broader
issues in the future. Without an
opportunity for public comment and
further consideration, the Commission
cannot make such changes at this time.
In recent years, the Commission has
implemented many broad changes
related to label design, reporting, and
other aspects of the labeling program to
improve information for consumers and
industry members.15 Accordingly, the
Commission does not plan to pursue
these additional issues as part of the
present amendments. Instead, the FTC
staff will review these issues and
consider whether to recommend
additional amendments or nonregulatory measures in the future. It will
also continue working outside the
rulemaking context with DOE staff to
explore online consumer information
about the energy use of covered
products, including source-based
impacts and energy costs reflecting state
or regional variations in fuel rates.
15 See, e.g., 75 FR 41696 (July 19, 2010) (new light
bulb labels); 76 FR 1037 (Jan. 6, 2011) (television
labels); 78 FR 2200 (Jan. 1, 2013) (online labels and
streamlined reporting); 78 FR 8362 (Feb. 6, 2013)
(regional standards for heating and cooling
equipment); 80 FR 67285 (Nov. 2, 2015) (expansion
of light bulb label coverage, increase label
durability, and improve plumbing disclosures); 81
FR 63633 (Sept. 15, 2016) (improve access to energy
labels online and improve labels for refrigerators,
ceiling fans, central air conditioners, and water
heaters).
PART 305—ENERGY AND WATER USE
LABELING FOR CONSUMER
PRODUCTS UNDER THE ENERGY
POLICY AND CONSERVATION ACT
(‘‘ENERGY LABELING RULE’’)
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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. OMB has
approved the Rule’s existing
information collection requirements
through November 30, 2019 (OMB
Control No. 3084 0069). The
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 Energy
Labeling Rule. As explained elsewhere
in this document, the amendments do
not 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
amendments will not have a significant
economic impact on a substantial
number of small entities.
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 amends 16 CFR part 305 as
follows:
1. The authority citation for part 305
continues to read as follows:
■
Authority: 42 U.S.C. 6294.
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[Amended]
2. In § 305.2(p), remove the words
‘‘energy efficiency ratio (EER)’’ and add,
in their place, ‘‘combined energy
efficiency ratio (CEER)’’.
■ 3. In § 305.5, revise paragraph (a),
remove paragraph (c), and redesignate
paragraph (d) as paragraph (c) to read as
follows:
■
§ 305.5 Determinations of estimated
annual energy consumption, estimated
annual operating cost, and energy
efficiency rating, water use rate, and other
required disclosure content.
(a) Unless otherwise stated in
paragraphs (b) and (c) of this section,
the content of any disclosures required
by this part must be determined in
accordance with the testing and
sampling provisions required by the
Department of Energy as set forth in
subpart B to 10 CFR part 430, 10 CFR
part 431, and 10 CFR 429.11.
*
*
*
*
*
§ 305.7
[Amended]
4. In § 305.7(f), remove the word
‘‘EER’’ and add, in its place, ‘‘CEER.’’
■ 5. In § 305.8, revise paragraph (c) to
read as follows:
■
§ 305.8
Submission of data.
*
*
*
*
*
(c) All information required by
paragraphs (a)(1) through (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.
■ 6. In § 305.10, paragraphs (a), (b), and
(c)(2) are revised and paragraph (c)(3) is
added 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, 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
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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) * * *
(2) Add one of the two sentences
below, as appropriate, in the space just
below the scale on the label, as follows:
The estimated yearly energy cost of
this model was not available at the time
the range was published.
The energy efficiency rating of this
model was not available at the time the
range was published.
(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.
■ 7. Amend § 305.11 by revising
paragraphs (d) introductory text, (d)(3),
and (f)(9)(x) and adding paragraphs
(f)(10) and (11) to read as follows:
§ 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, 2019
shall be printed on or affixed to the
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principal display panel of the product’s
packaging.
*
*
*
*
*
(f) * * *
(9) * * *
(x) For clothes washers covered by
appendices F1 and F2 of this part, the
statement will read as follows (fill in the
blanks with the appropriate capacity
and 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 six
wash loads a week and a national
average electricity cost of __ cents per
kWh and natural gas cost of $ __ per
therm. ftc.gov/energy.
*
*
*
*
*
(10) The following statement shall
appear on each label as illustrated in the
prototype and sample labels in
appendix L of this part:
Federal law prohibits removal of this
label before consumer purchase.
(11) No marks or information other
than that specified in this part shall
appear on or directly adjoining this
label except that:
(i) A part or publication number
identification may be included on this
label, as desired by the manufacturer. If
a manufacturer elects to use a part or
publication number, it must appear in
the lower right-hand corner of the label
and be set in 6-point type or smaller.
(ii) The energy use disclosure labels
required by the governments of Canada
or Mexico may appear directly adjoining
this label, as desired by the
manufacturer.
(iii) The manufacturer or private
labeler may include the ENERGY STAR
logo on the bottom right corner of the
label for certified products. The logo
must be 1 inch by 1 inch in size. Only
manufacturers that have signed a
Memorandum of Understanding with
the Department of Energy or the
Environmental Protection Agency may
add the ENERGY STAR logo to labels on
certified covered products; such
manufacturers may add the ENERGY
STAR logo to labels only on those
covered products that are contemplated
by the Memorandum of Understanding.
■ 8. In § 305.12, revise paragraphs
(g)(12)(ii), (g)(13)(ii), (g)(14) introductory
text, and (g)(14)(ii) to read as follows:
§ 305.12 Labeling for central air
conditioners, heat pumps, and furnaces.
*
*
*
*
*
(g) * * *
(12) * * *
(ii) A map appropriate for the model
and accompanying text as illustrated in
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the sample label 7 in appendix L of this
part.
*
*
*
*
*
(13) * * *
(ii) A map appropriate for the model
and accompanying text as illustrated in
the sample label 7 in appendix L of this
part.
*
*
*
*
*
(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 of this
part.
*
*
*
*
*
§ 305.16
[Amended]
9. Amend § 305.16 by removing
paragraph (a)(5).
■
10. 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 ...................................................................................................................................................................
11. 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
$17
Range of estimated
annual energy costs
(dollars/year)
Low
Standard ..................................................................................................................................................................
12. Appendix E to part 305 is revised
to read as follows:
$27
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.
Capacity
■
7597
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 .........................................................................................................
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High
$40
48
65
115
189
$53
72
127
182
386
(*)
58
69
117
(*)
68
(*)
(*)
80
147
158
(*)
238
(*)
7598
Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations
13. 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)
Furnace type
Low
Electric Furnaces—All Capacities ...........................................................................................................................
High
100.0
100.0
Appendix G3 to Part 305—Furnaces—
Oil
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
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Low
Gas Boilers (except steam)—All Capacities ...........................................................................................................
Gas Boilers (steam)—All Capacities .......................................................................................................................
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High
82.0
80.4
96.8
83.4
7599
Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations
Appendix G7 to Part 305—Boilers (Oil)
Range of annual fuel
utilization efficiencies (AFUEs)
Type
Low
Oil Boilers—All Capacities .......................................................................................................................................
High
82.0
90.0
Appendix G8 to Part 305—Boilers
(Electric)
Range of annual fuel
utilization efficiencies (AFUEs)
Type
Low
Electric Boilers—All Capacities ...............................................................................................................................
14. Appendices J1 and J2 are revised
to read as follows:
■
High
100
100
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
82.0
Low
96.0
High
82.0
96.0
Appendix J2 to Part 305—Pool
Heaters—Oil
Range Information
Range of thermal
efficiencies
(percent)
Manufacturer’s rated heating capacities
Low
All capacities ............................................................................................................................................................
* No data submitted.
Appendix K to Part 305 [Removed]
15. Appendix K to part 305 is
removed.
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(*)
(*)
7600
Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations
16. 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 §§ 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 .........................................
Natural Gas .....................................
No. 2 Heating Oil .............................
Propane ...........................................
Kerosene .........................................
¢12.00/kWh 2 3 ..................................................................................................................
$1.09/therm 4 or $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.
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
31
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
§§ 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 ..............................................
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 ...............................................................................................................
$.1300/kWh.
$0.00001052/Btu.
$0.00001883/Btu.
$0.00001672/Btu.
$0.00002232/Btu.
1 Btu
stands for British thermal units.
stands for kilowatt hour.
3 kWh = 3,412 Btu.
4 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.
2 kWh
17. In appendix L, revise prototype
label 2, add sample label 2 in
■
alphanumeric order, revise sample
labels 3 and 4, add sample label 6 in
alphanumeric order, and revise sample
labels 9 and 9A to read as follows:
*
*
*
*
*
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*
*
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*
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*
7601
7602
Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations
U.S. Government
Federal law prohibits removal of this label before consumer purchase_
EnE
Clothes Washer
Capacity Class: Standard
XYZ Corporation
Models G39, X88, Z33
Capacity (tub volume): 2.5 cubic feet
Compare ONLY to other labels with yellow numbers.
Labels with yellow numbers are based on the same test procedures.
• Your cost will depend on your utility rates and use.
• Cost range based only on standard capacity models.
• Estimated energy cost based on six wash loads a week and a national average
electricity cost of 12 cents per kWh and natural gas cost of $1.09 per therm.
ftc.gov/energy
Sample Label2- Clothes Washer
*
*
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*
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*
Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations
U.S. Government
7603
Federal law prohibits removal of this label before consumer purchase_
EnER
Dishwasher
Capacity: Standard
XYZ Corporation
Models G39, X88, Z33
Estimated Yearly Energy Cost
(when used with an electric water heater)
$21
I
$26
$40
Cost Range of Similar Models
The estimated yearly energy cost of this model was not available at the time the range was published.
$12
Estimated Yearly Electricity Use
Estimated Yearly Energy Cost
(when used with •llllbnlg• wallr hellter)
Your cost will depend on your utility rates and use.
• Cost range based only on standard capacity models.
• Estimated energy cost based on four wash loads a week and a national
average electricity cost of 13 cents per kWh and natural gas cost of $1.05
perthenn.
• For more information, visit www.flc.gov/energy.
ENERGY STAR
Sample Label 3 -- Dishwasher
*
*
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*
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*
7604
Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations
U.S. Govemment
uf th1s label before consumer r .rr:h.:,se.
Federal law
EnER
Room Aiir Conditioner
Without Reverse Cycle
With Louvered Sides
XYZ Corporation
Modei12X4
Capacity: 11,000 BTUs
Estimated Yearly Energy Cost
$90
T
$65
$127
Cost Range of Similar Models
11.9
Combined Energy Efficiency Ratio
Your cost wil!l depend on your utility rates and use.
on models of similar capacty v;ithout re··/erse cycle
• Cost range based
with louvered sides.
• Estimated energy cost based on a national average electricity ccst of 13
cents per kWh and a seasonal use of 8 hours a day over a 3 month period.
• For more infonnation, visit www .ftc. gov/energy.
Sample Label 4 - Room Air Conditioner
*
*
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*
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*
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*
*
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*
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*
7605
7606
Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations
U.S. Government
Federal law prohibits removal of this label before consumer purchase.
EnER
Furnace
Non-weatherized
Natural Gas
XYZ Corporation
ModeiTJ81
Efficiency Rating (AFUE)*
83.1
T
80.0
98.7
Least Eflicienl
For energy cost info, visit
productinfo.energy .gov
Most Efficient
Range of Similar Models
• Annual Fuel Utilization Ellicienc.y
Sample Label9- Non-weatherized Gas Furnace
*
*
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*
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*
Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations
7607
U.S. Government
EnER
Furnace
Non-weatherized
Natural Gas
XYZ Corporation
Modei5XC4
Efficiency Rating (AFUE)*
93.0
T
98.7
80.0
Least Efficient
For energy cost info, visit
productinfo.energy .gov
Mosi:Eflicienl:
Range of Similar Models
• Anooal Fuel Utilization Efficiency
QUALIFIED ONLY IN
U.S. SOUTH: AI.., AR, AZ,
CA. DC. DE, FL. GA. HI,
ENERGY STAR
KY. LA. MD. MS, NC, NV.
1'&'1. OK. SC, TN, lX, VA
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Sample Label9A- Non-weatherized Gas Furnace (ENERGY STAR certified)
7608
*
*
Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations
*
*
Operations, U.S. Customs and Border
Protection at Christopher.J.Sullivan@
cbp.dhs.gov or 202–344–3907.
SUPPLEMENTARY INFORMATION:
*
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2018–03665 Filed 2–21–18; 8:45 am]
BILLING CODE 6750–01–C
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Part 122
[CBP Dec. 18–01]
Technical Amendment to List of User
Fee Airports: Name Changes of
Several Airports and the Addition of
Five Airports
U.S. Customs and Border
Protection; DHS.
ACTION: Final rule; technical
amendment.
AGENCY:
This document amends U.S.
Customs and Border Protection (CBP)
regulations by revising the list of user
fee airports to reflect the name changes
of several airports and the designation
of user fee status for five additional
airports: South Texas International
Airport at Edinburg in Edinburg, Texas;
Florida Keys Marathon Airport in
Marathon, Florida; Appleton
International Airport in Appleton,
Wisconsin; South Bend International
Airport in South Bend, Indiana; and
Conroe-North Houston Regional Airport
in Conroe, Texas. User fee airports are
those airports which, while not
qualifying for designation as
international or landing rights airports,
have been approved by the
Commissioner of CBP to receive, for a
fee, the services of CBP officers for the
processing of aircraft entering the
United States, and the passengers and
cargo of those aircraft.
DATES: Effective Date: February 22,
2018.
FOR FURTHER INFORMATION CONTACT:
Chris Sullivan, Director, Alternative
Funding Program, Office of Field
SUMMARY:
Background
Title 19, part 122 of the Code of
Federal Regulations (19 CFR part 122)
sets forth regulations relating to the
entry and clearance of aircraft in
international commerce and the
transportation of persons and cargo by
aircraft in international commerce.
Generally, a civil aircraft arriving from
a place outside of the United States is
required to land at an airport designated
as an international airport.
Alternatively, the pilot of a civil aircraft
may request permission to land at a
specific airport and, if landing rights are
granted, the civil aircraft may land at
that landing rights airport.
Section 236 of the Trade and Tariff
Act of 1984 (Pub. L. 98–573, 98 stat.
2948, 2994 (1984)), codified at 19 U.S.C.
58b, created an option for civil aircraft
desiring to land at an airport other than
an international airport or a landing
rights airport. A civil aircraft arriving
from a place outside of the United States
may ask for permission to land at an
airport designated by the Secretary of
Homeland Security 1 as a user fee
airport.
Pursuant to 19 U.S.C. 58b, an airport
may be designated as a user fee airport
if the Commissioner of CBP, as
delegated by the Secretary of Homeland
Security, determines that the volume or
value of business at the airport is
insufficient to justify the availability of
customs services at the airport and the
governor of the state in which the
airport is located approves the
designation. As the volume or value of
business anticipated at this type of
airport is insufficient to justify its
designation as an international or
landing rights airport, the availability of
customs services is not paid for out of
appropriations from the general treasury
of the United States. Instead, customs
services are provided on a fully
reimbursable basis to be paid for by the
user fee airport. The fees charged must
be paid by the user fee airport and must
be in the amount equal to the expenses
incurred by the Commissioner of CBP in
providing customs services at such
airport, including the salary and
expenses of those employed by the
Commissioner of CBP to provide the
customs services. See 19 U.S.C. 58b.
The Commissioner of CBP designates
airports as user fee airports in
accordance with 19 U.S.C. 58b and
pursuant to 19 CFR 122.15. If the
Commissioner decides that the
conditions for designation as a user fee
airport are satisfied, a Memorandum of
Agreement (MOA) is executed between
the Commissioner of CBP and the user
fee airport sponsor. In this manner, user
fee airports are designated on a case-bycase basis.
The list of designated user fee airports
is set forth in 19 CFR 122.15(b).
Periodically, CBP updates the list to
reflect designated airports that have not
yet been added to the list and to reflect
any changes in the names of the
designated user fee airports.
Recent Changes Requiring Updates to
the List of User Fee Airports
This document updates the list of user
fee airports in 19 CFR 122.15(b) by
adding the following five airports: South
Texas International Airport at Edinburg
in Edinburg, Texas; Florida Keys
Marathon Airport in Marathon, Florida;
Appleton International Airport in
Appleton, Wisconsin; South Bend
International Airport in South Bend,
Indiana; and Conroe-North Houston
Regional Airport in Conroe, Texas.
During the last several years, the
Commissioner of CBP signed MOAs
designating each of these five airports as
a user fee airport.2
Additionally, this document updates
the list of user fee airports to reflect
name changes of airports that were
previously designated as user fee
airports. The name changes are shown
in the following chart. The left column
contains the former name of each airport
as it is currently listed in 19 CFR
122.15(b). The right column contains
the updated name of each airport.
daltland on DSKBBV9HB2PROD with RULES
Name Change From:
To:
Melbourne Airport .....................................................................................
Jefferson County Airport ...........................................................................
Leesburg Regional Airport ........................................................................
Manchester Airport ...................................................................................
Orlando Melbourne International Airport.
Rocky Mountain Metropolitan Airport.
Leesburg International Airport.
Manchester-Boston Regional Airport.
1 Sections 403(1) and 411 of the Homeland
Security Act of 2002 (Pub. L. 107–296, 116 stat.
2135, 2178–79 (2002)), codified at 6 U.S.C. 203(1)
and 211, transferred certain functions, including the
authority to designate user fee facilities, from the
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U.S. Customs Service of the Department of the
Treasury to the Department of Homeland Security.
2 The Commissioner of CBP signed an MOA
designating Conroe-North Houston Regional Airport
on June 14, 2016, an MOA designating South Bend
International Airport on July 5, 2016, an MOA
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designating South Texas International Airport at
Edinburg on September 18, 2014, an MOA
designating Florida Keys Marathon Airport on April
3, 2015, and an MOA designating Appleton
International Airport on October 23, 2015.
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]]>Agencies
[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Rules and Regulations]
[Pages 7593-7608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03665]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 /
Rules and Regulations
[[Page 7593]]
FEDERAL TRADE COMMISSION
16 CFR Part 305
RIN 3084-AB15
Energy Labeling Rule
AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission amends 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 sets a compliance date of October
1, 2019 for EnergyGuide labels on room air conditioner boxes and makes
several minor clarifications and corrections to the Rule.
DATES: The amendments are effective May 23, 2018.
ADDRESSES: Relevant portions of the record of this proceeding,
including this document, are available at https://www.ftc.gov.
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 websites 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. The Rule also sets a five-year
schedule for updating comparability range and annual energy cost
information.\3\
---------------------------------------------------------------------------
\3\ 16 CFR 305.10.
---------------------------------------------------------------------------
II. Proposed Amendments
In a November 9, 2017 Notice of Proposed Rulemaking (NPRM), the
Commission sought comment on proposed updates to the Rule's
comparability ranges and amendments to set a compliance date for
EnergyGuide labels on room air conditioner boxes. The Commission
received 10 comments in response.\4\ After reviewing the comments, the
Commission now issues final amendments addressing these issues.
---------------------------------------------------------------------------
\4\ See 82 FR 52024. The comments received in response to the
NPRM are here: https://www.ftc.gov/policy/public-comments/2017/12/initiative-730. The comments included: Air-Conditioning, Heating,
and Refrigeration Institute (AHRI) (#00006); American Public Gas
Association (APGA) (#00007); National Electrical Manufacturers
Association (NEMA) (#00008); Association of Home Appliance
Manufacturers (AHAM) (#00009); Earthjustice (``Joint Commenters'')
(#00010); Grear (#00011); Kremer (#00005); O'Hare (#00004); Castillo
(#00003); and Chambers (#00002).
---------------------------------------------------------------------------
III. Final Amendments
A. Comparability Range and Energy Cost Revisions
Background: In the NPRM, the Commission proposed revisions to the
comparability range and energy cost information for dishwashers,
furnaces, pool heaters, and room air conditioners.\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. In addition, the Commission proposed 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.\6\ The Commission also proposed amending
the energy cost tables in Appendix K to clarify the cost applicable to
various covered products.\7\ To effect these changes, the Commission
proposed amending the applicable tables in the Rule's appendices. Under
the Rule (Sec. 305.10), manufacturers must begin using this new
information on product labels within 90 days after publication of the
updated tables.
---------------------------------------------------------------------------
\5\ 16 CFR 305.10. This document also updates 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.
\6\ 82 FR 21213 (May 5, 2017) (DOE notice for ``Representative
Average Unit Costs of Energy'').
\7\ Applicable energy cost figures for ceiling fans, lighting
products, and televisions appear in Sec. Sec. 305.13 (effective
September 17, 2018), 305.15, and 305.17 respectively.
---------------------------------------------------------------------------
The Commission did not propose amending the range and cost
information for EnergyGuide labels for refrigerators, freezers, clothes
washers, water heaters, central air conditioners, and televisions
because the Commission has recently updated label information for these
products.\8\ The Commission explained in the NPRM that changing labels
for these products so soon would unnecessarily burden manufacturers
[[Page 7594]]
and potentially confuse consumers by introducing new label information
in the marketplace.\9\
---------------------------------------------------------------------------
\8\ 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).
\9\ The Commission followed a similar approach during the last
cycle of range and cost updates. See 78 FR 1779 (Jan. 9, 2013).
---------------------------------------------------------------------------
Comments: Though commenters generally supported the updated ranges,
AHRI and O'Hare recommended minor changes. Specifically, AHRI noted
that the new range for oil-fired boilers should reflect several models
rated at an Annual Fuel Utilization Efficiency (AFUE) of 82.0. O'Hare
suggested the upper end of the pool heater thermal efficiency range on
the sample label be 96.0 to reflect the amended table in Appendix J1.
In addition, several energy efficiency and consumer organizations
(the ``Joint Commenters'') recommended new ranges for clothes washers.
They explained that new DOE standards, which become effective in
January 2018, will significantly change the lower end of the ranges for
these products (for both standard and compact capacity categories) by
removing many existing lower efficiency models from the market. In the
Joint Commenters' view, delay in updating the ranges will result in
ranges that include products no longer manufactured, thus misleading
consumers about the efficiency and operating costs of models in
production. The commenters also argued that such inaccurate ranges
would violate EPCA's directive (see 42 U.S.C. 6294(c)(1)(B)) to provide
range information for ``covered products to which the rule applies.''
Discussion: The Commission amends the Rule to implement the updates
proposed in the NPRM and the minor changes suggested by the commenters.
The Commission, however, does not update the clothes washer ranges at
this time. Because the Commission updated the range data for clothes
washer labels in 2016 (81 FR 7201 (Feb. 11, 2016)), it is reluctant to
change the labels again after such a short interval because it would
create inconsistent labels for consumers during the transition and
unnecessarily burden manufacturers. However, the Commission will review
new clothes washer data in light of the new DOE 2018 standards and
consider whether to propose updating the ranges.
The Commission does not agree with the Joint Commenters that the
current ranges violate EPCA's directive to provide range information
for ``covered products to which the rule applies.'' The Commission
interprets this statutory instruction, together with the directive in
42 U.S.C. 6294(c)(2)(B), as applying to general product types (i.e.,
categories), not to individual models. Furthermore, models frequently
appear in the market that may fall outside of the Rule's current range,
and the statute contains no requirement for the Commission to update
ranges continuously. Indeed, the law prohibits the Commission from
updating ranges more often than annually.\10\
---------------------------------------------------------------------------
\10\ 42 U.S.C. 6296(c).
---------------------------------------------------------------------------
B. Room Air Conditioner Labels on Packages
Background: In the NPRM, the Commission proposed a compliance date
for changes to room air conditioner labels. In 2015, the Commission
announced final amendments requiring labels on room air conditioner
boxes and replacing 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. The Commission
then proposed a compliance date of October 1, 2018, explaining that
October coincides with the beginning of the industry's annual
production cycle (i.e., the cooling season).
Comments: AHAM generally supported the change from EER to CEER, as
well as the transition to labels on product boxes. However, it urged
the Commission to provide additional time for this transition.
Specifically, AHAM argued that the change will require manufacturers to
completely redesign their packaging to accommodate the label.
Accordingly, AHAM requested that the Commission set an October 1, 2019
date for the box labels.
Discussion: In response to AHAM's concerns, the Commission sets the
compliance date at October 1, 2019 to provide manufacturers ample time
to make the transition to box labels. As indicated in the NPRM,
manufacturers generally deploy their product lines on an annual basis
beginning in October of each year. According to AHAM, an October 2018
compliance date likely would not provide adequate time for making the
required changes. In addition, the Commission expects a compliance date
falling in the middle of the annual production cycle could cause
significant disruption. If they so choose, manufacturers may begin
using the labels on packages before the October 1, 2019 compliance
date. In the meantime, they must continue to affix labels to the
products themselves and provide labels online. The amendments also
change the label's efficiency disclosure from EER to CEER as
proposed.\11\ Manufacturers should begin using CEER along with the new
ranges published in this document (i.e., within 90 days of
publication).
---------------------------------------------------------------------------
\11\ 80 FR at 67292-3.
---------------------------------------------------------------------------
C. Technical Corrections and Clarifications
Background: In the NPRM, the Commission proposed several minor
clarifying and corrective amendments. These included a clarification to
Sec. 305.10(c) regarding labeling for models falling outside of the
current ranges, as well as corrections to Sec. Sec. 305.5 (obsolete
reference to LED bulb tests), 305.8 (reference to the timing of
reporting requirements), 305.12 (sample label references for central
air conditioners labels), and 305.16 (plumbing disclosures).
Comments: Several commenters, including AHAM and NEMA, supported
these minor amendments. No comments opposed them. However, AHAM
requested additional clarifications. First, it recommended replacing
the term ``operating cost'' with ``energy cost'' in Sec. 305.10(c)(2)
and on the sample clothes washer label in appendix L to ensure
consistency with other sample labels and Rule provisions. According to
AHAM, industry members have used the term ``energy cost'' on labels
prepared pursuant to Sec. 305.10 for this reason. In addition, most of
the labels and applicable Rule text in Sec. 305.11 use the term
``energy cost.'' AHAM urged the Commission to provide ample time for
manufacturers to make any necessary changes.
AHAM also urged the Commission to clarify the label language
required for describing refrigerator-freezers that do not have through-
the-door ice service. AHAM noted that the Rule's sample label uses the
phrase ``no through-the-door ice,'' whereas the comparability range
tables in appendix A state ``Without Through-the-door-ice.'' Although
AHAM did not express a preference for the applicable language, it
requested sufficient time for their members to change labels to avoid
waste and unnecessary cost should the Commission issue a clarification.
Discussion: The Commission amends the Rule to include the proposed
[[Page 7595]]
clarifications and technical corrections, including replacing the term
``operating cost'' with ``energy cost'' in Sec. 305.10(c)(2) and on
the clothes washer label as suggested by AHAM. The Commission does not
expect these corrections to create any additional burden for
manufacturers because current practice appears to be consistent with
most of these changes. However, to the extent that manufacturers must
change existing labels, they may do so after exhausting their current
label supply to avoid unnecessary costs. Should individual
manufacturers have questions about revising labels, they can contact
FTC staff for guidance.\12\
---------------------------------------------------------------------------
\12\ In addition, the final amendments correct Sec. 305.11 to
reinsert paragraphs (f)(10) and (11), which were inadvertently
omitted in an earlier rulemaking (81 FR 63634, Sept. 15, 2016)). The
Commission finds good cause for implementing the technical
corrections recommended by AHAM and the correction to Sec. 305.11
without further notice and comment. See 5 U.S.C. 553(b)(3)(B); 5 CFR
1.26(b).
---------------------------------------------------------------------------
The Commission, however, declines to amend the Rule's descriptions
for refrigerator-freezers. The current Rule sets only general
requirements for the content of these product descriptions at the
labels top left and does not prescribe exact language that
manufacturers must use.\13\ Accordingly, manufacturers may continue to
use their present descriptions provided they are consistent with the
Rule's refrigerator-freezer categories. The Commission may consider
amending the Rule in the future to require uniform descriptors for
refrigerator-freezers should stakeholders desire such a change. For
now, without further notice and comment, the Commission does not change
this provision of the Rule.
---------------------------------------------------------------------------
\13\ Though the model descriptions at the label's top left
portion must be ``consistent'' with the tables in appendix A (Sec.
305.11(f)(4)), such descriptions do not have to track the language
in the tables exactly. See 81 FR 63634, 63639, n. 39 (Sept. 15,
2016) (adding the requirements in Sec. 305.11(f)(4) to ensure
manufacturers do not list extraneous product features). However,
explanatory language at the label's lower section must contain the
specific descriptors set out in Sec. 305.11(f)(9)(iii)) (``models
with similar features . . .'').
---------------------------------------------------------------------------
D. Additional Issues Raised in Comments
A few commenters offered broad suggestions to improve aspects of
the Energy Labeling Rule not discussed in NPRM, thus falling outside of
the scope of the proposed amendments.\14\ For instance, the American
Public Gas Association (APGA) recommended the Commission consider
requiring source-based energy efficiency descriptors on the EnergyGuide
labels to provide consumers with broader information about the overall
environmental impacts of product use. APGA also urged the Commission to
consider using marginal energy cost figures for calculating annual
energy costs on labels, indicating that the average cost figures
currently used for the labels overstate the costs. APGA urged the
Commission to raise these issues in the future for further discussion.
---------------------------------------------------------------------------
\14\ Other comments (Castillo and Chambers) expressed general
support for the Rule. One commenter (Kremer) argued that the Rule's
labeling is ``redundant'' and that consumers only need wattage
information.
---------------------------------------------------------------------------
Gear also provided several suggestions to improve the labels.
First, Gear recommended state-by-state energy cost disclosures on the
label to provide consumers with energy information reflecting the
utility rates where they live. If such disclosures prove impracticable
for individual labels, the commenter suggested the Commission consider
providing this information online. Second, Gear recommended the label
contain a ``yearly cost compared to average'' disclosure, as well as
other design changes to address reported concerns with consumer
comprehension. Finally, Gear recommended the Commission consider
requiring labels for clothes dryers.
At this time, the Commission does not propose additional changes to
the Rule, though it may consider such broader issues in the future.
Without an opportunity for public comment and further consideration,
the Commission cannot make such changes at this time. In recent years,
the Commission has implemented many broad changes related to label
design, reporting, and other aspects of the labeling program to improve
information for consumers and industry members.\15\ Accordingly, the
Commission does not plan to pursue these additional issues as part of
the present amendments. Instead, the FTC staff will review these issues
and consider whether to recommend additional amendments or non-
regulatory measures in the future. It will also continue working
outside the rulemaking context with DOE staff to explore online
consumer information about the energy use of covered products,
including source-based impacts and energy costs reflecting state or
regional variations in fuel rates.
---------------------------------------------------------------------------
\15\ See, e.g., 75 FR 41696 (July 19, 2010) (new light bulb
labels); 76 FR 1037 (Jan. 6, 2011) (television labels); 78 FR 2200
(Jan. 1, 2013) (online labels and streamlined reporting); 78 FR 8362
(Feb. 6, 2013) (regional standards for heating and cooling
equipment); 80 FR 67285 (Nov. 2, 2015) (expansion of light bulb
label coverage, increase label durability, and improve plumbing
disclosures); 81 FR 63633 (Sept. 15, 2016) (improve access to energy
labels online and improve labels for refrigerators, ceiling fans,
central air conditioners, and water heaters).
---------------------------------------------------------------------------
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. OMB has approved the Rule's
existing information collection requirements through November 30, 2019
(OMB Control No. 3084 0069). The 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 Energy Labeling Rule. As
explained elsewhere in this document, the amendments do not 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
amendments will not have a significant economic impact on a substantial
number of small entities.
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 amends 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.
[[Page 7596]]
Sec. 305.2 [Amended]
0
2. In Sec. 305.2(p), remove the words ``energy efficiency ratio
(EER)'' and add, in their place, ``combined energy efficiency ratio
(CEER)''.
0
3. In Sec. 305.5, revise paragraph (a), remove paragraph (c), and
redesignate paragraph (d) as paragraph (c) to read as follows:
Sec. 305.5 Determinations of estimated annual energy consumption,
estimated annual operating cost, and energy efficiency rating, water
use rate, and other required disclosure content.
(a) Unless otherwise stated in paragraphs (b) and (c) of this
section, the content of any disclosures required by this part must be
determined in accordance with the testing and sampling provisions
required by the Department of Energy as set forth in subpart B to 10
CFR part 430, 10 CFR part 431, and 10 CFR 429.11.
* * * * *
Sec. 305.7 [Amended]
0
4. In Sec. 305.7(f), remove the word ``EER'' and add, in its place,
``CEER.''
0
5. In Sec. 305.8, revise paragraph (c) to read as follows:
Sec. 305.8 Submission of data.
* * * * *
(c) All information required by paragraphs (a)(1) through (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
6. In Sec. 305.10, paragraphs (a), (b), and (c)(2) 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) * * *
(2) Add one of the two sentences below, as appropriate, in the
space just below the scale on the label, as follows:
The estimated yearly energy cost of this model was not available at
the time the range was published.
The energy efficiency rating of this model was not available at the
time the range was published.
(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
7. Amend Sec. 305.11 by revising paragraphs (d) introductory text,
(d)(3), and (f)(9)(x) and adding paragraphs (f)(10) and (11) 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, 2019 shall be printed on
or affixed to the principal display panel of the product's packaging.
* * * * *
(f) * * *
(9) * * *
(x) For clothes washers covered by appendices F1 and F2 of this
part, the statement will read as follows (fill in the blanks with the
appropriate capacity and 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 six wash loads a week and a
national average electricity cost of __ cents per kWh and natural gas
cost of $ __ per therm. ftc.gov/energy.
* * * * *
(10) The following statement shall appear on each label as
illustrated in the prototype and sample labels in appendix L of this
part:
Federal law prohibits removal of this label before consumer
purchase.
(11) No marks or information other than that specified in this part
shall appear on or directly adjoining this label except that:
(i) A part or publication number identification may be included on
this label, as desired by the manufacturer. If a manufacturer elects to
use a part or publication number, it must appear in the lower right-
hand corner of the label and be set in 6-point type or smaller.
(ii) The energy use disclosure labels required by the governments
of Canada or Mexico may appear directly adjoining this label, as
desired by the manufacturer.
(iii) The manufacturer or private labeler may include the ENERGY
STAR logo on the bottom right corner of the label for certified
products. The logo must be 1 inch by 1 inch in size. Only manufacturers
that have signed a Memorandum of Understanding with the Department of
Energy or the Environmental Protection Agency may add the ENERGY STAR
logo to labels on certified covered products; such manufacturers may
add the ENERGY STAR logo to labels only on those covered products that
are contemplated by the Memorandum of Understanding.
0
8. In Sec. 305.12, revise paragraphs (g)(12)(ii), (g)(13)(ii), (g)(14)
introductory text, and (g)(14)(ii) to read as follows:
Sec. 305.12 Labeling for central air conditioners, heat pumps, and
furnaces.
* * * * *
(g) * * *
(12) * * *
(ii) A map appropriate for the model and accompanying text as
illustrated in
[[Page 7597]]
the sample label 7 in appendix L of this part.
* * * * *
(13) * * *
(ii) A map appropriate for the model and accompanying text as
illustrated in the sample label 7 in appendix L of this part.
* * * * *
(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 of this part.
* * * * *
Sec. 305.16 [Amended]
0
9. Amend Sec. 305.16 by removing paragraph (a)(5).
0
10. 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
------------------------------------------------------------------------
0
11. 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
12. 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.
[[Page 7598]]
0
13. 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
Furnace type (AFUEs)
-------------------------------
Low High
------------------------------------------------------------------------
Electric Furnaces--All Capacities....... 100.0 100.0
------------------------------------------------------------------------
Appendix G3 to Part 305--Furnaces--Oil
------------------------------------------------------------------------
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
------------------------------------------------------------------------
[[Page 7599]]
Appendix G7 to Part 305--Boilers (Oil)
------------------------------------------------------------------------
Range of annual fuel
utilization efficiencies
Type (AFUEs)
-------------------------------
Low High
------------------------------------------------------------------------
Oil Boilers--All Capacities............. 82.0 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
14. Appendices J1 and J2 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.................................. 82.0 96.0 82.0 96.0
----------------------------------------------------------------------------------------------------------------
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.
Appendix K to Part 305 [Removed]
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15. Appendix K to part 305 is removed.
[[Page 7600]]
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16. 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 Sec. Sec. 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.
----------------------------------------------------------------------------------------------------------------
As required by DOE test
Type of energy In commonly used terms procedure
----------------------------------------------------------------------------------------------------------------
Electricity...................................... [cent]12.00/kWh \2\ \3\....... $.1200/kWh.
Natural Gas...................................... $1.09/therm \4\ or $11.12/MCF $0.0000109/Btu.
\5\ \6\.
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 Sec. Sec. 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
Type of energy In commonly used terms procedure
----------------------------------------------------------------------------------------------------------------
Electricity.......................................... [cent]13.00/kWh \2\ \3\.... $.1300/kWh.
Natural Gas.......................................... $1.05/therm \4\ or $10.86/ $0.00001052/Btu.
MCF \5\ \6\.
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\ kWh = 3,412 Btu.
\4\ 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.
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17. In appendix L, revise prototype label 2, add sample label 2 in
alphanumeric order, revise sample labels 3 and 4, add sample label 6 in
alphanumeric order, and revise sample labels 9 and 9A to read as
follows:
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BILLING CODE 6750-01-P
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By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2018-03665 Filed 2-21-18; 8:45 am]
BILLING CODE 6750-01-C
