Energy Labeling Rule, 58026-58045 [2019-23505]

Download as PDF 58026 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations two, the creditor reduces the firm commitment to $50,000, which is below the $51,000 threshold then in effect. Because the account ceases to qualify for a § 1026.3(b) exemption on April 1 of year two, the account does not qualify for a § 1026.3(b) exemption based on a $52,000 initial extension of credit on July 1 of year two. 5. Closed-end credit. i. Qualifying for exemption. A closed-end loan is exempt under § 1026.3(b) (unless the extension of credit is secured by real property, or by personal property used or expected to be used as the consumer’s principal dwelling; or is a private education loan as defined in § 1026.46(b)(5)), if either of the following conditions is met: A. The creditor makes an extension of credit at consummation that exceeds the threshold amount in effect at the time of consummation. In these circumstances, the loan remains exempt under § 1026.3(b) even if the amount owed is subsequently reduced below the threshold amount (such as through repayment of the loan). B. The creditor makes a commitment at consummation to extend a total amount of credit in excess of the threshold amount in effect at the time of consummation. In these circumstances, the loan remains exempt under § 1026.3(b) even if the total amount of credit extended does not exceed the threshold amount. ii. Subsequent changes. If a creditor makes a closed-end extension of credit or commitment to extend closed-end credit that exceeds the threshold amount in effect at the time of consummation, the closed-end loan remains exempt under § 1026.3(b) regardless of a subsequent increase in the threshold amount. However, a closed-end loan is not exempt under § 1026.3(b) merely because it is used to satisfy and replace an existing exempt loan, unless the new extension of credit is itself exempt under the applicable threshold amount. For example, assume a closed-end loan that qualified for a § 1026.3(b) exemption at consummation in year one is refinanced in year ten and that the new loan amount is less than the threshold amount in effect in year ten. In these circumstances, the creditor must comply with all of the applicable requirements of this part with respect to the year ten transaction if the original loan is satisfied and replaced by the new loan, which is not exempt under § 1026.3(b). See also comment 3(b)–6. 6. Addition of a security interest in real property or a dwelling after account opening or consummation. i. Open-end credit. For open-end accounts, if after account opening a security interest is taken in real property, or in personal property used or expected to be used as the consumer’s principal dwelling, a previously exempt account ceases to be exempt under § 1026.3(b) and the creditor must begin to comply with all of the applicable requirements of this part within a reasonable period of time. See comment 3(b)–4.ii. If a security interest is taken in the consumer’s principal dwelling, the creditor must also give the consumer the right to rescind the security interest consistent with § 1026.15. ii. Closed-end credit. For closed-end loans, if after consummation a security interest is VerDate Sep<11>2014 15:59 Oct 29, 2019 Jkt 250001 taken in real property, or in personal property used or expected to be used as the consumer’s principal dwelling, an exempt loan remains exempt under § 1026.3(b). However, the addition of a security interest in the consumer’s principal dwelling is a transaction for purposes of § 1026.23, and the creditor must give the consumer the right to rescind the security interest consistent with that section. See § 1026.23(a)(1) and its commentary. In contrast, if a closed-end loan that is exempt under § 1026.3(b) is satisfied and replaced by a loan that is secured by real property, or by personal property used or expected to be used as the consumer’s principal dwelling, the new loan is not exempt under § 1026.3(b), and the creditor must comply with all of the applicable requirements of this part. See comment 3(b)– 5. 7. Application to extensions secured by mobile homes. Because a mobile home can be a dwelling under § 1026.2(a)(19), the exemption in § 1026.3(b) does not apply to a credit extension secured by a mobile home that is used or expected to be used as the principal dwelling of the consumer. See comment 3(b)–6. 8. Transition rule for open-end accounts exempt prior to July 21, 2011. Section 1026.3(b)(2) applies only to open-end accounts opened prior to July 21, 2011. Section 1026.3(b)(2) does not apply if a security interest is taken by the creditor in real property, or in personal property used or expected to be used as the consumer’s principal dwelling. If, on July 20, 2011, an open-end account is exempt under § 1026.3(b) based on a firm commitment to extend credit in excess of $25,000, the account remains exempt under § 1026.3(b)(2) until December 31, 2011 (unless the firm commitment is reduced to $25,000 or less). If the firm commitment is increased on or before December 31, 2011 to an amount in excess of $50,000, the account remains exempt under § 1026.3(b)(1) regardless of subsequent increases in the threshold amount as a result of increases in the CPI– W. If the firm commitment is not increased on or before December 31, 2011 to an amount in excess of $50,000, the account ceases to be exempt under § 1026.3(b) based on a firm commitment to extend credit. For example: i. Assume that, on July 20, 2011, the account is exempt under § 1026.3(b) based on the creditor’s firm commitment to extend $30,000 in credit. On November 1, 2011, the creditor increases the firm commitment on the account to $55,000. In these circumstances, the account remains exempt under § 1026.3(b)(1) regardless of subsequent increases in the threshold amount as a result of increases in the CPI–W. ii. Same facts as paragraph 8.i of this section except, on November 1, 2011, the creditor increases the firm commitment on the account to $40,000. In these circumstances, the account ceases to be exempt under § 1026.3(b)(2) after December 31, 2011, and the creditor must begin to comply with the applicable requirements of this part. * * * * * By order of the Board of Governors of the Federal Reserve System, acting through the PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Secretary of the Board under delegated authority, September 20, 2019. Ann E. Misback, Secretary of the Board. Dated: September 21, 2019. Thomas Pahl, Policy Associate Director, Bureau of Consumer Financial Protection. [FR Doc. 2019–21557 Filed 10–29–19; 8:45 am] BILLING CODE 4801–AM–6210–01–P FEDERAL TRADE COMMISSION 16 CFR Part 305 [3084–AB15] Energy Labeling Rule Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’). ACTION: Final rule. AGENCY: The Commission amends the Energy Labeling Rule (‘‘Rule’’) to make the Rule easier to use by reorganizing several sections, amending language to increase clarity, eliminating several obsolete provisions, and making minor corrections. DATES: The amendments are effective on November 29, 2019. ADDRESSES: Copies of this document are available on the Commission’s website, 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: SUMMARY: I. Background The Commission issued the Energy Labeling Rule (‘‘Rule’’) in 1979,1 pursuant to the Energy Policy and Conservation Act of 1975 (‘‘EPCA’’).2 The Rule requires energy labeling for major home appliances and other consumer products to help consumers compare competing models. It also contains labeling requirements for refrigerators, refrigerator-freezers, freezers, dishwashers, water heaters, clothes washers, room air conditioners, furnaces, central air conditioners, heat pumps, plumbing products, lighting products, ceiling fans, and televisions. The Rule requires manufacturers to attach yellow EnergyGuide labels to 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 E:\FR\FM\30OCR1.SGM 30OCR1 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations many of the 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 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. The Rule requires marketers to use national average costs for applicable energy sources (e.g., electricity, natural gas, oil) as calculated by DOE in all cost calculations. Under the Rule, the Commission periodically updates comparability range and annual energy cost information based on manufacturer data submitted pursuant to the Rule’s reporting requirements.3 II. Notice of Proposed Rulemaking In March 2019, the Commission published a Notice of Proposed Rulemaking (‘‘NPRM’’) (84 FR 9261 (Mar. 14, 2019)) seeking comments on a series of proposed amendments intended to improve the Rule’s organization and clarity. The Commission proposed such changes because various amendments over the years had caused some sections to become lengthy and difficult to navigate. The NPRM sought comment on three general categories of proposed Rule changes. First, the proposed amendments divided current section 305.3 (Description of covered products), which lists the specific product types (e.g., clothes washers, LED lamps) covered by the Rule, into four different provisions organized by general product category (i.e., appliances, furnaces and central air conditioners, lighting, and plumbing).4 As the Commission explained in the NPRM, these changes should make it easier for stakeholders to identify relevant covered products, particularly for categories such as lighting, which contain several different product types and exemptions. Second, the amendments proposed in the NPRM divided section 305.11 into several different sections to make it easier to identify the labeling requirements applicable to specific 3 16 CFR 305.10. four proposed product category sections were: § 305.3 (Description of appliances and consumer electronics), § 305.4 (Description of furnaces and central air conditioners), § 305.5 (Description of lighting products), and § 305.6 (Description of plumbing products). 4 The VerDate Sep<11>2014 15:59 Oct 29, 2019 Jkt 250001 products. Current section 305.11 addresses the label format and content for several appliances through a long list of instructions and exceptions. The proposed new provisions included a single section for general layout and formatting, plus six additional sections covering label content for refrigerators, clothes washers, dishwashers, water heaters, room air conditioners, and pool heaters.5 Third, the proposed amendments removed obsolete references to products produced decades ago (e.g., exemptions for plumbing products produced before 1994).6 As noted in the NPRM, such provisions are no longer necessary because units produced before those dates are unlikely to be sold as new today. Finally, the proposed amendments made several minor changes to eliminate unnecessary cross references and made minor corrections. The Commission sought comment on these proposed amendments and any suggestions to clarify, correct, improve, or otherwise make the Rule easier to use. The NPRM stated that the Commission was not seeking comments on substantive changes to the Rule, such as modifications to label content, disclosure requirements, or product coverage. III. Comments Received and Final Amendments In response to the NPRM, the Commission received four comments.7 All of them supported (or did not object to) the Commission’s proposed amendments. AHAM, for example, stated that the revisions ‘‘streamline some areas and reduce redundancy.’’ AHRI supported the effort ‘‘to 5 Under the proposal, the revised sections would include: § 305.13 (Layout, format, and placement of labels for all products), § 305.14 (Label content for refrigerators, refrigerator-freezers, and freezers), § 305.15 (Label content for clothes washers), § 305.16 (Label content for dishwashers), § 305.17 (Label content for water heaters), § 305.18 (Label content for room air conditioners), and § 305.19 (Label content for pool heaters). The proposed amendments renumbered but otherwise retained the current labeling sections for heating and cooling equipment, ceiling fans, lighting products, plumbing products, and televisions. 6 The proposed amendments also removed an obsolete provision (§ 305.4(d)(3)) related to industry petitions for revised energy representations made in response to new or amended DOE test procedures. At the time of the Rule’s initial publication, the Commission had responsibility for reviewing such petitions under EPCA. However, DOE has that responsibility under the current statute, making this particular provision no longer operable. See 42 U.S.C. 6293(c)(3). 7 Air-Conditioning, Heating, and Refrigeration Institute (AHRI), Drakontaidis, Korpal, and Association of Home Appliance Manufacturers (AHAM) submitted comments. The comments are available at https://www.regulations.gov/docket? D=FTC-2019-0015. PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 58027 reorganize and clarify’’ the Rule. In addition, commenter Drakontaidis stated that changes would make the rule much ‘‘easier to comprehend and more accessible to’’ both businesses and consumers. Given the comments, the Commission issues the amendments as proposed. In addition, some commenters offered suggestions not included in the NPRM, some of which the Commission includes in the final amendments as discussed below. First, AHAM recommended a small change to refrigerator-freezer model descriptions in the Appendix A tables (‘‘Without Through-the-Door Ice’’) to match the sample refrigerator label (‘‘No through-the-door ice’’).8 Second, AHAM, along with commenter Korpal, noted the need to adjust the size of the ENERGY STAR logo on the sample labels in Appendix L.9 Third, AHRI recommended the Commission allow manufacturers to use a larger text size for part or publication numbers used on EnergyGuide labels (as allowed by the current Rule) to ensure manufacturers can match labels to the correct models. The final amendments contain these minor corrections and changes.10 To avoid any burden associated with these minor label amendments, manufacturers may wait to implement any necessary changes until their next label print run. If manufacturers have any questions 8 The Rule does not mandate specific language for the product descriptions at top, left of label. However, such descriptions may not include extraneous features beyond those identified in the Rule itself. See 83 FR 7593, 7595 (Feb. 22, 2018) and 81 FR 63634, 63639, n. 39 (Sept. 15, 2016). 9 The amendments make five additional minor corrections and updates: (1) Minor adjustments to the font size instructions on the refrigerator prototype label in Appendix L (‘‘Estimated Yearly Electricity Use’’ and ‘‘ftc.gov/energy’’) to match the sample itself and the online template; (2) corrections to line thicknesses on the Clothes Washer prototype and sample labels in Appendix L (does not affect the template label); (3) replacement of references to ANSI standards in the fluorescent and incandescent lamp definitions with appropriate references to EPCA; (4) updates to cross references in Appendices K1 and K2, and in the sample Lighting Facts labels in Appendix L; and (5) a clarification in new section 305.13 that labels affixed to boxes for certain products may have a yellow or a neutral contrasting background. In addition, FTC staff has corrected several issues AHAM identified with the online label templates posted on the FTC website for the convenience of manufacturers. See https://www.ftc.gov/tips-advice/ business-center/guidance/energyguide-labelstemplates-manufacturers. 10 The amendments allow up to 12-point text for part or publication numbers on appliances, furnaces, and central air conditioner labels in newly designated sections 305.14–305.20. Given the size of such labels, the change should have no effect on consumer use or understanding. The amendments do not alter requirements for smaller EnergyGuide labels (e.g., television labels) because larger font sizes may crowd those labels. E:\FR\FM\30OCR1.SGM 30OCR1 58028 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations about the timing of such changes, they may contact FTC staff for guidance.11 AHAM also requested an amendment to allow manufacturers to attach hangtags on clothes washer exteriors. The Commission declines to make this change as part of this proceeding. The current Rule does not allow hangtags on the outside of products due to concerns raised in an earlier proceeding about the durability of such tags, and AHAM has not indicated why such concerns are no longer valid.12 Furthermore, such an amendment falls outside of the scope of this rulemaking. If manufacturers wish to place labels on the outside of clothes washers, they may use adhesive labels under the current Rule.13 Finally, AHRI, which expressed support for Commissioner Wilson’s dissenting statement on the NPRM (84 FR at 9272–73), recommended a broader, substantive rule review aimed at reducing regulatory burden. Specifically, AHRI urged elimination of physical labels for central air conditioners, heat pumps, and furnaces. According to AHRI, the large majority of those products are not purchased off the shelves at retail stores, and consumers generally do not view them before installation. The Commission is not considering such changes at this time because they fall outside of the scope of this rulemaking, which, as explained in the NPRM, is limited to improving the Rule’s organization and making minor modifications and corrections. In addition, the Commission considered similar concerns in the past and concluded that the labels on such equipment help consumers in both their use of existing equipment and their purchasing decisions for replacement products.14 The Commission may consider AHRI’s concerns and other broad issues in future proceedings.15 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. 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 For the reasons set out above, the Commission amends 16 CFR part 305 as follows: 11 The Commission finds good cause for implementing these various minor technical corrections and changes without further notice and comment. See 5 U.S.C. 553(b)(3)(B); 16 CFR 1.26(b). 12 72 FR 49947, 49961 (Aug. 29, 2007). 13 See newly designated section 305.13. 14 72 FR 49947, 49956 (Aug. 29, 2007). 15 Commenter Drakontaidis suggested that the Commission create a summary section in the Rule ‘‘as a sort of refresher for anything that might be missed by the reader.’’ Because the amendments already shorten the Rule, such a summary does not appear necessary. VerDate Sep<11>2014 15:59 Oct 29, 2019 Jkt 250001 V. Regulatory Flexibility Act The provisions of the Regulatory Flexibility Act relating to a Regulatory Flexibility Act analysis (5 U.S.C. 603– 604) are not applicable to this proceeding because the proposed amendments do not impose any new or different 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, therefore, concluded that a regulatory flexibility analysis is not necessary, and certifies, under 5 U.S.C. 605(b), that the amendments will not have a significant economic impact on a substantial number of small entities. This rulemaking document constitutes notice of the above certification and statement to the Small Business Administration required under 5 U.S.C. 605(b). List of Subjects in 16 CFR Part 305 Advertising, Energy conservation, Household appliances, Labeling, Reporting and recordkeeping requirements. Final Rule Language PART 305—ENERGY AND WATER USE LABELING FOR CONSUMER PRODUCTS UNDER THE ENERGY POLICY AND CONSERVATION ACT (‘‘ENERGY LABELING RULE’’) 1. The authority citation for part 305 continues to read as follows: ■ Authority: 42 U.S.C. 6294. 2. Amend § 305.2, by revising paragraphs (n), (q), and (aa) to read as follows: ■ § 305.2 Definitions. * * * * * (n) Covered product means any consumer product or consumer PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 appliance product described in § 305.3, § 305.4, § 305.5, or § 305.6 of this part. * * * * * (q) Estimated annual energy consumption and estimated annual operating or energy cost—(1) Estimated annual energy consumption means the energy or (for plumbing products) water that is likely to be consumed annually in representative use of a consumer product, as determined in accordance with tests prescribed under section 323 of the Act (42 U.S.C. 6293). (i) Kilowatt-hour use per year, or kWh/yr., means estimated annual energy consumption expressed in kilowatthours of electricity. (ii) Therm use per year, or therms/yr., means estimated annual energy consumption expressed in therms of natural gas. (iii) Gallon use per year, or gallons/ yr., means estimated annual energy consumption expressed in gallons of propane or No. 2 heating oil. (2) Estimated annual operating or energy cost means the aggregate retail cost of the energy that is likely to be consumed annually in representative use of a consumer product, as determined in accordance with tests prescribed under section 323 of the Act (42 U.S.C. 6293). * * * * * (aa) New covered product means a covered product the title of which has not passed to a purchaser who buys the product for purposes other than resale or leasing for a period in excess of one year. * * * * * ■ 3. Revise § 305.3 to read as follows: § 305.3 Description of appliances and consumer electronics. (a) Refrigerators and refrigeratorfreezers—(1) Electric refrigerator means a cabinet designed for the refrigerated storage of food, designed to be capable of achieving storage temperatures above 32 °F (0 °C) and below 39 °F (3.9 °C), and having a source of refrigeration requiring single phase, alternating current electric energy input only. An electric refrigerator may include a compartment for the freezing and storage of food at temperatures below 32 °F (0 °C), but does not provide a separate low temperature compartment designed for the freezing and storage of food at temperatures below 8 °F (¥13.3 °C). (2) Electric refrigerator-freezer means a cabinet which consists of two or more compartments with at least one of the compartments designed for the refrigerated storage of food and designed to be capable of achieving storage E:\FR\FM\30OCR1.SGM 30OCR1 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations temperatures above 32 °F (0 °C) and below 39 °F (3.9 °C), and with at least one of the compartments designed for the freezing and storage of food at temperatures below 8 °F (¥13.3 °C) which may be adjusted by the user to a temperature of 0 °F (¥17.8 °C) or below. The source of refrigeration requires single phase, alternating current electric energy input only. (b) Freezer means a cabinet designed as a unit for the freezing and storage of food at temperatures of 0 °F or below, and having a source of refrigeration requiring single phase, alternating current electric energy input only. (c) Dishwasher means a cabinet-like appliance which, with the aid of water and detergent, washes, rinses, and dries (when a drying process is included) dishware, glassware, eating utensils and most cooking utensils by chemical, mechanical, and/or electrical means and discharges to the plumbing drainage system. (1) Water heating dishwasher means a dishwasher which is designed for heating cold inlet water (nominal 50 °F) or a dishwasher for which the manufacturer recommends operation with a nominal inlet water temperature of 120 °F and may operate at either of these inlet water temperatures by providing internal water heating to above 120 °F in at least one wash phase of the normal cycle. (2) [Reserved] (d) Water heater means a product which utilizes oil, gas, or electricity to heat potable water for use outside the heater upon demand, including— (1) Storage type units which heat and store water at a thermostatically controlled temperature, including gas storage water heaters with an input of 75,000 Btu per hour or less, oil storage water heaters with an input of 105,000 Btu per hour or less, and electric storage water heaters with an input of 12 kilowatts or less; (2) Instantaneous type units that heat water but contain no more than one gallon of water per 4,000 Btu per hour of input, including gas instantaneous water heaters with an input of 200,000 Btu per hour or less, oil instantaneous water heaters with an input of 210,000 Btu per hour or less, and electric instantaneous water heaters with an input of 12 kilowatts or less; and (3) Heat pump type units, with a maximum current rating of 24 amperes at a voltage no greater than 250 volts, which are products designed to transfer thermal energy from one temperature level to a higher temperature level for the purpose of heating water, including all ancillary equipment such as fans, storage tanks, pumps, or controls VerDate Sep<11>2014 15:59 Oct 29, 2019 Jkt 250001 necessary for the device to perform its function. (e) Room air conditioner means a consumer product, other than a packaged terminal air conditioner, which is powered by a single phase electric current and which is an encased assembly designed as a unit for mounting in a window or through the wall for the purpose of providing delivery of conditioned air to an enclosed space. It includes a prime source of refrigeration and may include a means for ventilating and heating. (f) Clothes washer means a consumer product designed to clean clothes, utilizing a water solution of soap and/or detergent and mechanical agitation or other movement, and must be one of the following classes: Automatic clothes washers, semiautomatic clothes washers, and other clothes washers. (1) Automatic clothes washer means a class of clothes washer which has a control system capable of scheduling a pre-selected combination of operations, such as regulation of water fill level, and performance of wash, rinse, drain and spin functions, without the need for the user to intervene subsequent to the initiation of machine operation. Some models may require user intervention to initiate these different segments of the cycle after the machine has begun operation, but they do not require the user to intervene to regulate the water temperature by adjusting the external water faucet valves. (2) Semi-automatic clothes washer means a class of clothes washer that is the same as an automatic clothes washer except that the user must intervene to regulate the water temperature by adjusting the external water faucet valves. (3) Other clothes washer means a class of clothes washer that is not an automatic or semi-automatic clothes washer. (g) Ceiling fan means a nonportable device that is suspended from a ceiling for circulating air via the rotation of fan blades, excluding large-diameter and high-speed small diameter fans as defined in appendix U of subpart B of 10 CFR part 430. The requirements of this part are otherwise limited to those ceiling fans for which the Department of Energy has adopted and published test procedures for measuring energy usage. (h) Television means a product that is designed to produce dynamic video, contains an internal TV tuner encased within the product housing, and is capable of receiving dynamic visual content from wired or wireless sources including but not limited to: Broadcast and similar services for terrestrial, cable, PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 58029 satellite, and/or broadband transmission of analog and/or digital signals; and/or display-specific data connections, such as HDMI, Component video, S-video, Composite video; and/or media storage devices such as a USB flash drive, memory card, or a DVD; and/or network connections, usually using internet Protocol, typically carried over Ethernet or Wi-Fi. The requirements of this part are limited to those televisions for which the Department of Energy has adopted and published test procedures for measuring energy use. (i) Pool heater means an appliance designed for heating nonpotable water contained at atmospheric pressure, including heating water in swimming pools, spas, hot tubs and similar applications. § 305.11 ■ [Removed] 4. Remove § 305.11. §§ 305.4 through 305.8, 305.10, 305.12 through 305.17, and 305.19 through 305.25 [Redesignated as §§ 305.7 through 305.11, 305.12, 305.20 through 305.25, and 305.26 through 305.32] 5. Redesignate the sections listed in the ‘‘Old Section’’ column as the sections listed in the ‘‘New Section’’ column as shown in the following table: ■ ■ Old Section New Section § 305.4 § 305.5 § 305.6 § 305.7 § 305.8 § 305.10 § 305.12 § 305.13 § 305.14 § 305.15 § 305.16 § 305.17 § 305.19 § 305.20 § 305.21 § 305.22 § 305.23 § 305.24 § 305.25 § 305.7 § 305.8 § 305.9 § 305.10 § 305.11 § 305.12 § 305.20 § 305.21 § 305.22 § 305.23 § 305.24 § 305.25 § 305.26 § 305.27 § 305.28 § 305.29 § 305.30 § 305.31 § 305.32 6. Add new § 305.4 to read as follows: § 305.4 Description of furnaces and central air conditioners. (a) Furnaces—(1) Furnace means a product that utilizes only single-phase electric current, or single-phase electric current or DC current in conjunction with natural gas, propane, or home heating oil, and which— (i) Is designed to be the principal heating source for the living space of a residence; (ii) Is not contained within the same cabinet with a central air conditioner E:\FR\FM\30OCR1.SGM 30OCR1 58030 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations whose rated cooling capacity is above 65,000 Btu per hour; (iii) Is an electric central furnace, electric boiler, forced-air central furnace, gravity central furnace, or low pressure steam or hot water boiler; and (iv) Has a heat input rate of less than 300,000 Btu per hour for electric boilers and low pressure steam or hot water boilers and less than 225,000 Btu per hour for forced-air central furnaces, gravity central furnaces, and electric central furnaces. (2) Electric central furnace means a furnace designed to supply heat through a system of ducts with air as the heating medium, in which heat is generated by one or more electric resistance heating elements and the heated air is circulated by means of a fan or blower. (3) Forced air central furnace means a gas or oil burning furnace designed to supply heat through a system of ducts with air as the heating medium. The heat generated by combustion of gas or oil is transferred to the air within a casing by conduction through heat exchange surfaces and is circulated through the duct system by means of a fan or blower. (4) Gravity central furnace means a gas fueled furnace which depends primarily on natural convection for circulation of heated air and which is designed to be used in conjunction with a system of ducts. (5) Electric boiler means an electrically powered furnace designed to supply low pressure steam or hot water for space heating application. A low pressure steam boiler operates at or below 15 pounds per square inch gauge (psig) steam pressure; a hot water boiler operates at or below 160 psig water pressure and 250 °F water temperature. (6) Low pressure steam or hot water boiler means an electric, gas or oil burning furnace designed to supply low pressure steam or hot water for space heating application. A low pressure steam boiler operates at or below 15 pounds psig steam pressure; a hot water boiler operates at or below 160 psig water pressure and 250 °F water temperature. (7) Outdoor furnace or boiler is a furnace or boiler normally intended for installation out-of-doors or in an unheated space (such as an attic or a crawl space). (8) Weatherized warm air furnace or boiler means a furnace or boiler designed for installation outdoors, approved for resistance to wind, rain, and snow, and supplied with its own venting system. (b) Central air conditioner means a product, other than a packaged terminal air conditioner, which is powered by VerDate Sep<11>2014 15:59 Oct 29, 2019 Jkt 250001 single phase electric current, air cooled, rated below 65,000 Btu per hour, not contained within the same cabinet as a furnace, the rated capacity of which is above 225,000 Btu per hour, and is a heat pump or a cooling only unit. (1) Condenser-evaporator coil combination means a condensing unit made by one manufacturer and one of several evaporator coils, either manufactured by the same manufacturer or another manufacturer, intended to be combined with that particular condensing unit. (2) Condensing unit means a component of a ‘‘central air conditioner’’ which is designed to remove heat absorbed by the refrigerant and to transfer it to the outside environment, and which consists of an outdoor coil, compressor(s), and air moving device. (3) Evaporator coil means a component of a central air conditioner that is designed to absorb heat from an enclosed space and transfer the heat to a refrigerant. (4) Single package unit means any central air conditioner in which all the major assemblies are enclosed in one cabinet. (5) Split system means any central air conditioner in which one or more of the major assemblies are separate from the others. (c) Heat pump means a product, other than a packaged terminal heat pump, which consists of one or more assemblies, powered by single phase electric current, rated below 65,000 Btu per hour, utilizing an indoor conditioning coil, compressor, and refrigerant-to-outdoor air heat exchanger to provide air heating, and may also provide air cooling, dehumidifying, humidifying, circulating, and air cleaning. ■ 7. Add new § 305.5 to read as follows: § 305.5 Description of lighting products. (a) Fluorescent lamp ballast means a device which is used to start and operate fluorescent lamps by providing a starting voltage and current and limiting the current during normal operation. (b) Fluorescent lamp means: (1) A low pressure mercury electricdischarge source in which a fluorescing coating transforms some of the ultraviolet energy generated by the mercury discharge into light, including only the following: (i) Any straight-shaped lamp (commonly referred to as 4-foot medium bi-pin lamps) with medium bi-pin bases of nominal overall length of 48 inches and rated wattage of 28 or more; PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 (ii) Any U-shaped lamp (commonly referred to as 2-foot U-shaped lamps) with medium bi-pin bases of nominal overall length between 22 and 25 inches and rated wattage of 28 or more; (iii) Any rapid start lamp as defined at 42 U.S.C. 6291(30)(A)(iii); and (iv) Any instant start lamp as defined at 42 U.S.C. 6291(30)(A)(iv); but (2) Fluorescent lamp does not mean any lamp excluded by the Department of Energy, by rule, as a result of a determination that standards for such lamp would not result in significant energy savings because such lamp is designed for special applications or has special characteristics not available in reasonably substitutable lamp types; and (3) General service fluorescent lamp means a fluorescent lamp which can be used to satisfy the majority of fluorescent applications, but does not mean any lamp designed and marketed for the following nongeneral lighting applications: (i) Fluorescent lamps designed to promote plant growth; (ii) Fluorescent lamps specifically designed for cold temperature installations; (iii) Colored fluorescent lamps; (iv) Impact-resistant fluorescent lamps; (v) Reflectorized or aperture lamps; (vi) Fluorescent lamps designed for use in reprographic equipment; (vii) Lamps primarily designed to produce radiation in the ultra-violet region of the spectrum; and (viii) Lamps with a color rendering index of 82 or greater. (c) General service lamp means: (1) A lamp that is: (i) A medium base compact fluorescent lamp; (ii) A general service incandescent lamp; (iii) A general service light-emitting diode (LED or OLED) lamp; or (iv) Any other lamp that the Secretary of Energy determines is used to satisfy lighting applications traditionally served by general service incandescent lamps. (2) Exclusions: The term general service lamp does not include— (i) Any lighting application or bulb shape described in paragraphs (e)(3)(ii)(A) through (T) of this section; and (ii) Any general service fluorescent lamp. (d) Medium base compact fluorescent lamp means an integrally ballasted fluorescent lamp with a medium screw base, a rated input voltage range of 115 to 130 volts and which is designed as a direct replacement for a general service E:\FR\FM\30OCR1.SGM 30OCR1 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations incandescent lamp; however, the term does not include— (1) Any lamp that is: (i) Specifically designed to be used for special purpose applications; and (ii) Unlikely to be used in general purpose applications, such as the applications described in the definition of ‘‘General Service Incandescent Lamp’’ in paragraph (e)(3)(ii) of this section; or (2) Any lamp not described in the definition of ‘‘General Service Incandescent Lamp’’ in this section and that is excluded by the Department of Energy, by rule, because the lamp is— (i) Designed for special applications; and (ii) Unlikely to be used in general purpose applications. (e) Incandescent lamp means: (1) A lamp in which light is produced by a filament heated to incandescence by an electric current, including only the following: (i) Any lamp (commonly referred to as lower wattage nonreflector general service lamps, including any tungsten halogen lamp) that has a rated wattage between 30 and 199 watts, has an E26 medium screw base, has a rated voltage or voltage range that lies at least partially within 115 and 130 volts, and is not a reflector lamp; (ii) Any lamp (commonly referred to as a reflector lamp) which is not colored or designed for rough or vibration service applications, that contains an inner reflective coating on the outer bulb to direct the light, an R, PAR, ER, BR, BPAR, or similar bulb shapes with E26 medium screw bases, a rated voltage or voltage range that lies at least partially within 115 and 130 volts, a diameter which exceeds 2.25 inches, and has a rated wattage that is 40 watts or higher; (iii) Any general service incandescent lamp (commonly referred to as a highor higher-wattage lamp) that has a rated wattage above 199 watts (above 205 watts for a high wattage reflector lamp); but (2) Incandescent lamp does not mean any lamp excluded by the Secretary of Energy, by rule, as a result of a determination that standards for such lamp would not result in significant energy savings because such lamp is designed for special applications or has special characteristics not available in reasonably substitutable lamp types; (3) General service incandescent lamp means: (i) In general, a standard incandescent, halogen, or reflector type lamp that— (A) Is intended for general service applications; VerDate Sep<11>2014 15:59 Oct 29, 2019 Jkt 250001 (B) Has a medium screw base; (C) Has a lumen range of not less than 310 lumens and not more than 2,600 lumens; and (D) Is capable of being operated at a voltage range at least partially within 110 and 130 volts. (ii) Exclusions. The term ‘‘general service incandescent lamp’’ does not include the following incandescent lamps: (A) An appliance lamp as defined at 42 U.S.C. 6291(30); (B) A black light lamp; (C) A bug lamp; (D) A colored lamp as defined at 42 U.S.C. 6291(30); (E) An infrared lamp; (F) A left hand thread lamp; (G) A marine lamp; (H) A marine signal service lamp; (I) A mine service lamp; (J) A plant light lamp; (K) A rough service lamp as defined at 42 U.S.C. 6291(30); (L) A shatter resistant lamp (including a shatter-proof lamp and a shatterprotected lamp); (M) A sign service lamp; (N) A silver bowl lamp; (O) A showcase lamp; (P) A traffic signal lamp; (Q) A vibration service lamp as defined at 42 U.S.C. 6291(30); (R) A G shape lamp as defined at 42 U.S.C. 6291(30)(D)(ii)(XX); (S) A T shape lamp as defined at 42 U.S.C. 6291(30)(D)(ii)(XXI); or (T) A B, BA, CA, F, G16-1/2, G–25, G– 30, S, or M–14 lamp as defined at 42 U.S.C. 6291(30)(D)(ii)(XXII). (4) Incandescent reflector lamp means a lamp described in paragraph (e)(1)(ii) of this section; and (5) Tungsten halogen lamp means a gas filled tungsten filament incandescent lamp containing a certain proportion of halogens in an inert gas. (f) Light emitting diode (LED) means a p-n junction solid state device the radiated output of which is a function of the physical construction, material used, and exciting current of the device. The output of a light emitting diode may be in— (1) The infrared region; (2) The visible region; or (3) The ultraviolet region. (g) Organic light emitting diode (OLED) means a thin-film light-emitting device that typically consists of a series of organic layers between 2 electrical contacts (electrodes). (h) General service light-emitting diode (LED or OLED) lamp means any light emitting diode (LED or OLED) lamp that: (1) Is a consumer product; (2) Is intended for general service applications; PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 58031 (3) Has a medium screw base; (4) Has a lumen range of not less than 310 lumens and not more than 2,600 lumens; and (5) Is capable of being operated at a voltage range at least partially within 110 and 130 volts. (i) Metal halide lamp fixture means a light fixture for general lighting application that is designed to be operated with a metal halide lamp and a ballast for a metal halide lamp and that is subject to and complies with Department of Energy efficiency standards issued pursuant to 42 U.S.C. 6295. (1) Metal halide ballast means a ballast used to start and operate metal halide lamps. (2) Metal halide lamp means a high intensity discharge lamp in which the major portion of the light is produced by radiation of metal halides and their products of dissociation, possibly in combination with metallic vapors. (j) Specialty consumer lamp means: (1) Any lamp that: (i) Is not included under the definition of general service lamp in this part; (ii) Has a lumen range between 310 lumens and no more than 2,600 lumens or a rated wattage between 30 and 199; (iii) Has one of the following bases: (A) A medium screw base; (B) A candelabra screw base; (C) A GU–10 base; or (D) A GU–24 base; and (iv) Is capable of being operated at a voltage range at least partially within 110 and 130 volts. (2) Inclusions: The term specialty consumer lamp includes, but is not limited to, the following lamps if such lamps meet the conditions listed in paragraph (1): (i) Vibration-service lamps as defined at 42 U.S.C. 6291(30)(AA); (ii) Rough service lamps as defined at 42 U.S.C. 6291(30)(X); (iii) Appliance lamps as defined at 42 U.S.C. 6291(30)(T); and (iv) Shatter resistant lamps (including a shatter proof lamp and a shatter protected lamp) as defined in 42 U.S.C. 6291(30)(Z). (3) Exclusions: The term specialty consumer lamp does not include: (i) A black light lamp; (ii) A bug lamp; (iii) A colored lamp; (iv) An infrared lamp; (v) A left-hand thread lamp; (vi) A marine lamp; (vii) A marine signal service lamp; (viii) A mine service lamp; (ix) A sign service lamp; (x) A silver bowl lamp; (xi) A showcase lamp; E:\FR\FM\30OCR1.SGM 30OCR1 58032 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations (xii) A traffic signal lamp; (xiii) A G-shape lamp with diameter of 5 inches or more; (xiv) A C7, M–14, P, RP, S, or T shape lamp; (xv) A intermediate screw-base lamp; and (xvi) A plant light lamp. ■ 8. Add new § 305.6 to read as follows: § 305.6 Description of plumbing products. (a) Showerhead means a component or set of components distributed in commerce for attachment to a single supply fitting, for spraying water onto a bather, typically from an overhead position, excluding safety shower showerheads. (b) Faucet means a lavatory faucet, kitchen faucet, metering faucet, or replacement aerator for a lavatory or kitchen faucet. (c) Water closet means a plumbing fixture having a water-containing receptor which receives liquid and solid body waste and, upon actuation, conveys the waste through an exposed integral trap seal into a gravity drainage system, except such term does not include fixtures designed for installation in prisons. (d) Urinal means a plumbing fixture that receives only liquid body waste and, on demand, conveys the waste through a trap seal into a gravity drainage system, except such term does not include fixtures designed for installation in prisons. ■ 9. In newly re-designated § 305.7: ■ a. Remove the reference ‘‘§ 305.20’’ and add in its place ‘‘§ 305.27’’ in paragraph (b)(5); ■ b. Remove the reference ‘‘§ 305.26’’ and add in its place ‘‘§ 305.9’’ in paragraph (b)(6); ■ c. Remove the reference ‘‘§ 305.19’’ and add in its place ‘‘§ 305.26’’ in paragraph (c); ■ d. Remove paragraph (d)(3); and ■ e. Revise paragraph (e). The revision reads as follows: § 305.7 Prohibited acts. * * * * * (e) This part shall not apply to: (1) Any covered product if it is manufactured, imported, sold, or held for sale for export from the United States, so long as such product is not in fact distributed in commerce for use in the United States, and such covered product or the container thereof bears a stamp or label stating that such covered product is intended for export. (2) Televisions manufactured before May 10, 2011. * * * * * ■ 10. In newly redesignated § 305.8, revise paragraph (c) to read as follows: VerDate Sep<11>2014 15:59 Oct 29, 2019 Jkt 250001 § 305.8 Determinations of estimated annual energy consumption, estimated annual operating cost, and energy efficiency rating, water use rate, and other required disclosure content. * * * * * (c) Representations for ceiling fans under § 305.21 and televisions under § 305.25 must be derived from applicable procedures in 10 CFR parts 429, 430, and 431. ■ 11. Revise newly redesignated § 305.9 to read as follows: § 305.9 Duty to provide labels on websites. For each covered product required by this part to bear an EnergyGuide or Lighting Facts label, the manufacturer must make a copy of the label available on a publicly accessible website in a manner that allows catalog sellers to hyperlink to the label or download it for use in websites or paper catalogs. The label for each specific model must remain on the website for six months after production of that model ceases. ■ 12. In newly redesignated § 305.11, revise paragraph (a)(5), and in paragraph (b)(1) introductory text, remove the reference to ‘‘§ 305.8(a)’’ and add in their place ‘‘§ 305.11(a)’’. The revision reads as follows: § 305.11 Submission of data (a) * * * (5) Manufacturers must submit a website address for the online EnergyGuide labels covered by § 305.9 in new model and annual reports required by this section. Manufacturers may accomplish this by either submitting a specific link to a URL for each label, a link to a PDF download for each label, or a link to a website that takes users directly to a searchable database of the covered labels from which the label image or download may be accessed using the model number as certified to DOE pursuant to 10 CFR part 429 and the model number advertised in product literature. Such label information must be submitted either at the time the model is certified to DOE pursuant to 10 CFR part 429 or at some time on or before the annual report date immediately following such certification. In lieu of submitting the required information to the Commission, manufacturers may submit such information to the Department of Energy via the CCMS at https:// regulations.doe.gov/ccms as provided by 10 CFR 429.12. The requirements in this paragraph do not apply to Lighting Facts labels. * * * * * ■ 13. In newly redesignated § 305.12: ■ a. In paragraph (b): PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 i. Remove the reference ‘‘§ 305.11’’ and add in its place ‘‘§ 305.14 through § 305.19’’; ■ ii. Remove the reference to ‘‘§ 305.20’’ and add in its place ‘‘§ 305.27’’; and ■ b. Revise paragraphs (c) introductory text and (c)(1); The revisions read as follows: ■ § 305.12 Ranges of comparability on the required labels. * * * * * (c) Operating costs or efficiency ratings outside current range. When the estimated annual operating cost or energy efficiency rating of a given model of a product covered by this section falls outside the limits of the current range for that product, which could result from the introduction of a new or changed model, the manufacturer shall: (1) Omit placement of such product on the scale appearing on the label, and * * * * * ■ 14. Add new § 305.13 to read as follows: § 305.13 Layout, format, and placement of labels for refrigerators, refrigeratorfreezers, freezers, dishwashers, clothes washers, water heaters, room air conditioners, and pool heaters. (a) Coverage. The requirements of this section apply to labels for refrigerators, refrigerator-freezers, freezers, dishwashers, clothes washers, water heaters, room air conditioners, and pool heaters. (b) Layout. Energy labels shall use one size, similar colors, and typefaces with consistent positioning of headline, copy, and charts to maintain uniformity for immediate consumer recognition and readability. Trim size dimensions for the labels shall be as follows: Width must be between 51⁄4 inches and 51⁄2 inches (13.34 cm. and 13.97 cm.); length must be between 73⁄8 inches (18.73 cm.) and 75⁄8 (19.37 cm.). Copy is to be set between 27 picas and 29 picas and copy page should be centered (right to left and top to bottom). Depth is variable but should follow closely the prototype and sample labels appearing at the end of this part illustrating the basic layout. All positioning, spacing, type sizes, and line widths should be similar to and consistent with the prototype and sample labels in appendix L to this part. (c) Type style and setting. The Arial series typeface or equivalent shall be used exclusively on the label. Specific sizes and faces to be used are indicated on the prototype labels. No hyphenation should be used in setting headline or copy text. Positioning and spacing should follow the prototypes closely. Generally, text must be set flush left with two points leading except where E:\FR\FM\30OCR1.SGM 30OCR1 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations otherwise indicated. See the prototype labels for specific directions. (d) Colors. Except as indicated in paragraph (e)(3) of this section, the basic colors of all labels covered by this section shall be process yellow or equivalent and process black. The label shall be printed full bleed process yellow. All type and graphics shall be print process black. (e) Label types. Except as indicated in paragraph (e)(3) of this section, the labels must be affixed to the product in the form of an adhesive label for any product covered by this section, or in the form of a hang tag for refrigerators, refrigerator-freezers, freezers, dishwashers, and clothes washers, as follows: (1) Adhesive labels. All adhesive labels should be applied so they can be easily removed without the use of tools or liquids, other than water, but should be applied with an adhesive with an adhesion capacity sufficient to prevent their dislodgment during normal handling throughout the chain of distribution to the retailer or consumer. The paper stock for pressure-sensitive or other adhesive labels shall have a basic weight of not less than 58 pounds per 500 sheets (25″ x 38″) or equivalent, exclusive of the release liner and adhesive. A minimum peel adhesion capacity for the adhesive of 12 ounces per square inch is suggested, but not required if the adhesive can otherwise meet the above standard. In lieu of a label with adhesive backing, manufacturers may adhere the label with adhesive tape, provided the tape is affixed along the entire top and bottom of the label. (2) Hang tags. Labels may be affixed to the product interior in the form of a hang tag using cable ties or double strings connected through reinforced punch holes, or with attachment and label material of equivalent or greater strength and durability. If paper stock is used for hang tags, it shall have a basic weight of not less than 110 pounds per 500 sheets (251⁄2″ x 301⁄2″ index). When materials are used to attach the hang tags to appliance products, the materials shall be of sufficient strength to insure that if gradual pressure is applied to the hang tag by pulling it away from where it is affixed to the product, the hang tag will tear before the material used to affix the hang tag to the product breaks. (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 VerDate Sep<11>2014 15:59 Oct 29, 2019 Jkt 250001 principal display panel of the product’s packaging. The labels for electric instantaneous water heaters and room air conditioners shall be black type and graphics on a process yellow or other neutral contrasting background. (f) Placement—(1) Adhesive labels. Manufacturers shall affix adhesive labels to the covered products in such a position that it is easily read by a consumer examining the product. The label should be generally located on the upper-right-front corner of the product’s front exterior. However, some other prominent location may be used as long as the label will not become dislodged during normal handling throughout the chain of distribution to the retailer or consumer. The top of the label should not exceed 74 inches from the base of taller products. The label can be displayed in the form of a flap tag adhered to the top of the appliance and bent (folded at 90°) to hang over the front, as long as this can be done with assurance that it will be readily visible. (2) Hang tags. A hang tag shall be affixed to the interior of the product in such a position that it can be easily read by a consumer examining the product. A hang tag can be affixed in any position that meets this requirement as long as the label will not become dislodged during normal handling throughout the chain of distribution to the retailer or consumer. Hang tags may only be affixed in refrigerators, refrigerator-freezers, freezers, dishwashers, and clothes washers. ■ 15. Add new § 305.14 to read as follows: § 305.14 Label content for refrigerators, refrigerator-freezers, and freezers. (a) Label content. (1) Headlines and texts, as illustrated in the prototype and sample labels in appendix L to this part, are standard for all labels. (2) Name of manufacturer or private labeler shall, in the case of a corporation, be deemed to be satisfied only by the actual corporate name, which may be preceded or followed by the name of the particular division of the corporation. In the case of an individual, partnership, or association, the name under which the business is conducted shall be used. Inclusion of the name of the manufacturer or private labeler is optional at the discretion of the manufacturer or private labeler. (3) Model number(s) will be the designation given by the manufacturer or private labeler. (4) Capacity or size is that determined in accordance with this part. The capacity provided on the label shall be the model’s total refrigerated volume (VT) as determined in accordance with PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 58033 this part and the model description must be consistent with the categories described in Appendices A and B to this part. (5) Unless otherwise indicated in this paragraph, estimated annual operating costs must be determined in accordance with this part. Labels for dual-mode refrigerator-freezers that can operate as either a refrigerator or a freezer must reflect the estimated energy cost of the model’s most energy intensive configuration. (6) Unless otherwise indicated in this paragraph, ranges of comparability for estimated annual operating costs are found in the appropriate appendices accompanying this part. (7) Placement of the labeled product on the scale shall be proportionate to the lowest and highest estimated annual operating costs. (8) Labels must contain the model’s estimated annual energy consumption as determined in accordance with this part and as indicated on the sample labels in appendix L. (9) Labels must contain statements as illustrated in the prototype labels in appendix L and specified as follows by product type: (i) Labels for refrigerators, refrigeratorfreezers, and freezers shall contain the text and graphics illustrated in sample labels of appendix L, including the statement: Compare ONLY to other labels with yellow numbers. Labels with yellow numbers are based on the same test procedures. (ii) Labels for refrigerators and refrigerator-freezers must contain a statement as illustrated in the prototype labels in appendix L and specified as follows (fill in the blanks with the appropriate energy cost figure): Your cost will depend on your utility rates and use. Both cost ranges based on models of similar size capacity. [Insert statement required by paragraph (a)(9)(iii) of this section]. Estimated energy cost based on a national average electricity cost of ll cents per kWh. ftc.gov/energy. (iii) Labels for refrigerators and refrigerator-freezers shall include the following as part of the statement required by paragraph (a)(9)(ii) of this section: (A) For models covered under appendix A1 to this part, the sentence shall read: Models with similar features have automatic defrost and no freezer. (B) For models covered under appendix A2 to this part, the sentence shall read: E:\FR\FM\30OCR1.SGM 30OCR1 58034 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations Models with similar features have manual defrost. (C) For models covered under appendix A3 to this part, the sentence shall read: Models with similar features have partial automatic defrost. (D) For models covered under appendix A4 to this part, the sentence shall read: Models with similar features have automatic defrost, top-mounted freezer, and no through-the-door ice. (E) For models covered under appendix A5 to this part, the sentence shall read: Models with similar features have automatic defrost, side-mounted freezer, and no through-the-door ice. (F) For models covered under appendix A6 to this part, the sentence shall read: Models with similar features have automatic defrost, bottom-mounted freezer, and no through-the-door ice. (G) For models covered under appendix A7 to this part, the sentence shall read: Models with similar features have automatic defrost, bottom-mounted freezer and through-the-door ice. (H) For models covered under appendix A8 to this part, the sentence shall read: Models with similar features have automatic defrost, side-mounted freezer, and through-the-door ice. (iv) Labels for freezers must contain a statement as illustrated in the prototype labels in appendix L and specified as follows (fill in the blanks with the appropriate energy cost figure): Your cost will depend on your utility rates and use. [Insert statement required by paragraph (a)(10)(v) of this section]. Estimated energy cost based on a national average electricity cost of ll cents per kWh. ftc.gov/energy. (v) For freezers, the following sentence shall be included as part of the statement required by paragraph (a)(9)(iv) of this section: (A) For models covered under appendix B1 to this part, the sentence shall read: Cost range based only on upright freezer models of similar capacity with manual defrost. (B) For models covered under appendix B2 to this part, the sentence shall read: Cost range based only on upright freezer models of similar capacity with automatic defrost. (C) For models covered under appendix B3 to this part, the sentence shall read: VerDate Sep<11>2014 15:59 Oct 29, 2019 Jkt 250001 Cost range based only on chest and other freezer models of similar capacity. (10) The following statement shall appear on each label as illustrated in the prototype and sample labels in appendix L to this part: Federal law prohibits removal of this label before consumer purchase. (b) Additional information. No marks or information other than that specified in this part shall appear on or directly adjoining this label except that: (1) 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 12-point type or smaller. (2) The energy use disclosure labels required by the governments of Canada or Mexico may appear directly adjoining this label, as desired by the manufacturer. (3) 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. ■ 16. Add new § 305.15 to read as follows: § 305.15 Label content for clothes washers. (a) Label content. (1) Headlines and texts, as illustrated in the prototype and sample labels in appendix L to this part, are standard for all labels. (2) Name of manufacturer or private labeler shall, in the case of a corporation, be deemed to be satisfied only by the actual corporate name, which may be preceded or followed by the name of the particular division of the corporation. In the case of an individual, partnership, or association, the name under which the business is conducted shall be used. Inclusion of the name of the manufacturer or private labeler is optional at the discretion of the manufacturer or private labeler. (3) Model number(s) will be the designation given by the manufacturer or private labeler. (4) Capacity or size is that determined in accordance with this part. (5) Estimated annual operating costs are as determined in accordance with this part. Labels must disclose estimated PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 annual operating cost for both electricity and natural gas as illustrated in the sample labels in appendix L to this part. (6) Unless otherwise indicated in this paragraph, ranges of comparability for estimated annual operating costs are found in the appropriate appendices accompanying this part. (7) Placement of the labeled product on the scale shall be proportionate to the lowest and highest estimated annual operating costs. (8) Labels must contain the model’s estimated annual energy consumption as determined in accordance with this part and as indicated on the sample labels in appendix L. (9) The label shall contain the text and graphics illustrated in the sample labels in appendix L, including the statement: Compare ONLY to other labels with yellow numbers. Labels with yellow numbers are based on the same test procedures. (10) Labels must contain a statement as illustrated in the prototype labels in appendix L and specified 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 ll cents per kWh and natural gas cost of $ ll per therm. ftc.gov/energy. (11) The following statement shall appear on each label as illustrated in the prototype and sample labels in appendix L: Federal law prohibits removal of this label before consumer purchase. (b) Additional information. No marks or information other than that specified in this part shall appear on or directly adjoining this label except that: (1) 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 12-point type or smaller. (2) The energy use disclosure labels required by the governments of Canada or Mexico may appear directly adjoining this label, as desired by the manufacturer. (3) 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 E:\FR\FM\30OCR1.SGM 30OCR1 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations 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. ■ 17. Add new § 305.16 to read as follows. § 305.16 Label content for dishwashers. (a) Label content. (1) Headlines and texts, as illustrated in the prototype and sample labels in appendix L to this part, are standard for all labels. (2) Name of manufacturer or private labeler shall, in the case of a corporation, be deemed to be satisfied only by the actual corporate name, which may be preceded or followed by the name of the particular division of the corporation. In the case of an individual, partnership, or association, the name under which the business is conducted shall be used. Inclusion of the name of the manufacturer or private labeler is optional at the discretion of the manufacturer or private labeler. (3) Model number(s) will be the designation given by the manufacturer or private labeler. (4) Capacity or size is that determined in accordance with this part. (5) Estimated annual operating costs are as determined in accordance with this part. Labels must disclose estimated annual operating cost for both electricity and natural gas as illustrated in the sample labels in appendix L to this part. (6) Unless otherwise indicated in this paragraph, ranges of comparability for estimated annual operating costs are found in the appropriate appendices accompanying this part. (7) Placement of the labeled product on the scale shall be proportionate to the lowest and highest estimated annual operating costs. (8) Labels must contain the model’s estimated annual energy consumption as determined in accordance with this part and as indicated on the sample labels in appendix L. (9) Labels must contain a statement as illustrated in the prototype labels in appendix L and specified as follows (fill in the brackets with the appropriate capacity and the energy cost figures): Your costs will depend on your utility rates and use. Cost range based only on [compact/ standard] capacity models. Estimated energy cost is based on four wash loads a week, and a national average electricity cost of [ll] cents per kWh and natural gas cost of $[ll ] per therm. VerDate Sep<11>2014 15:59 Oct 29, 2019 Jkt 250001 For more information, visit www.ftc.gov/energy. (10) The following statement shall appear on each label as illustrated in the prototype and sample labels in appendix L to this part: Federal law prohibits removal of this label before consumer purchase. (b) Additional information. No marks or information other than that specified in this part shall appear on or directly adjoining this label except that: (1) 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 12-point type or smaller. (2) The energy use disclosure labels required by the governments of Canada or Mexico may appear directly adjoining this label, as desired by the manufacturer. (3) 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. ■ 18. Add new § 305.17 to read as follows: § 305.17 Label content for water heaters. (a) Label content. (1) Headlines and texts, as illustrated in the prototype and sample labels in appendix L to this part, are standard for all labels. (2) Name of manufacturer or private labeler shall, in the case of a corporation, be deemed to be satisfied only by the actual corporate name, which may be preceded or followed by the name of the particular division of the corporation. In the case of an individual, partnership, or association, the name under which the business is conducted shall be used. Inclusion of the name of the manufacturer or private labeler is optional at the discretion of the manufacturer or private labeler. (3) Model number(s) will be the designation given by the manufacturer or private labeler. (4) Capacity or size is that determined in accordance with this part. Capacity for storage water heaters shall be presented in both rated storage volume (‘‘tank size (storage capacity)’’) and first PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 58035 hour rating as indicated on the sample label in appendix L to this part. (5) Estimated annual operating costs are as determined in accordance with this part. (6) Unless otherwise indicated in this paragraph, ranges of comparability for estimated annual operating costs are found in the appropriate appendices accompanying this part. (7) Placement of the labeled product on the scale shall be proportionate to the lowest and highest estimated annual operating costs. (8) Labels must contain the model’s estimated annual energy consumption as determined in accordance with this part and as indicated on the sample labels in appendix L to this part. (9) Labels must contain a statement as illustrated in the prototype labels in appendix L to this part and specified as follows by product type: (i) For water heaters covered by appendices D1, D2, and D3 to this part, the statement will read as follows (fill in the blanks with the appropriate fuel type, and energy cost figures): Your costs will depend on your utility rates and use. Cost range based only on models fueled by [natural gas, oil, propane, or electricity] with a [very small, low, medium, or high] first hour rating [fewer than 18 gallons, 18–50.9 gallons, 51– 74.9 gallons, or greater than 75 gallons]. Estimated energy cost is based on a national average [electricity, natural gas, propane, or oil] cost of [ll cents per kWh or $ll per therm or gallon]. Estimated yearly energy use: ll [kWh or therms]. ftc.gov/energy. (ii) For instantaneous water heaters, the statement will read as follows (fill in the blanks with the appropriate model type, and the energy cost figures): Your costs will depend on your utility rates and use. Cost range based only on [electric models or models fueled by natural gas] with a [very small, low, medium, or high] gallons per minute rating [0 to 1.6, 1.7 to 2.7, 2.8 to 4.0, or greater than 4.0]. Estimated energy cost is based on a national average [electricity, natural gas, or propane] cost of [ll cents per kWh or $ll per therm or gallon]. Estimated yearly energy use: ll [kWh or therms]. ftc.gov/energy. (10) The following statement shall appear on each label as illustrated in the prototype and sample labels in appendix L: Federal law prohibits removal of this label before consumer purchase. (b) Additional information. No marks or information other than that specified E:\FR\FM\30OCR1.SGM 30OCR1 58036 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations in this part shall appear on or directly adjoining this label except that: (1) 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 12-point type or smaller. (2) The energy use disclosure labels required by the governments of Canada or Mexico may appear directly adjoining this label, as desired by the manufacturer. (3) 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. ■ 19. Add § 305.18 to read as follows: § 305.18 Label content for room air conditioners. (a) Label content. (1) Headlines and texts, as illustrated in the prototype and sample labels in appendix L to this part, are standard for all labels. (2) Name of manufacturer or private labeler shall, in the case of a corporation, be deemed to be satisfied only by the actual corporate name, which may be preceded or followed by the name of the particular division of the corporation. In the case of an individual, partnership, or association, the name under which the business is conducted shall be used. Inclusion of the name of the manufacturer or private labeler is optional at the discretion of the manufacturer or private labeler. (3) Model number(s) will be the designation given by the manufacturer or private labeler. (4) Capacity or size is that determined in accordance with this part. (5) Estimated annual operating costs are as determined in accordance with this part. (6) Unless otherwise indicated in this paragraph, ranges of comparability for estimated annual operating costs are found in the appropriate appendices accompanying this part. (7) Placement of the labeled product on the scale shall be proportionate to the lowest and highest estimated annual operating costs. (8) Labels must contain the model’s estimated annual energy consumption VerDate Sep<11>2014 15:59 Oct 29, 2019 Jkt 250001 as determined in accordance with this part and as indicated on the sample labels in appendix L. Labels must contain the model’s energy efficiency rating, as applicable, as determined in accordance with this part and as indicated on the sample labels in appendix L to this part. (9) Labels must contain a statement as illustrated in the prototype labels in appendix L and specified as follows (fill in the blanks with the appropriate model type, year, energy type, and energy cost figure): Your costs will depend on your utility rates and use. Cost range based only on models [of similar capacity without reverse cycle and with louvered sides; of similar capacity without reverse cycle and without louvered sides; with reverse cycle and with louvered sides; or with reverse cycle and without louvered sides]. Estimated annual energy cost is based on a national average electricity cost of ll cents per kWh and a seasonal use of 8 hours use per day over a 3 month period. For more information, visit www.ftc.gov/energy. (10) The following statement shall appear on each label as illustrated in the prototype and sample labels in appendix L: Federal law prohibits removal of this label before consumer purchase. (b) Additional information. No marks or information other than that specified in this part shall appear on or directly adjoining this label except that: (1) 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 12-point type or smaller. (2) The energy use disclosure labels required by the governments of Canada or Mexico may appear directly adjoining this label, as desired by the manufacturer. (3) 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. PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 20. Add new § 305.19 to read as follows: ■ § 305.19 Label content for pool heaters. (a) Label content. (1) Headlines and texts, as illustrated in the prototype and sample labels in appendix L to this part, are standard for all labels. (2) Name of manufacturer or private labeler shall, in the case of a corporation, be deemed to be satisfied only by the actual corporate name, which may be preceded or followed by the name of the particular division of the corporation. In the case of an individual, partnership, or association, the name under which the business is conducted shall be used. Inclusion of the name of the manufacturer or private labeler is optional at the discretion of the manufacturer or private labeler. (3) Model number(s) will be the designation given by the manufacturer or private labeler. (4) Capacity or size is that determined in accordance with this part. (5) Thermal efficiencies are as determined in accordance with this part. (6) Unless otherwise indicated in this paragraph, ranges of comparability for thermal efficiencies are found in the appropriate appendices accompanying this part. (7) Placement of the labeled product on the scale shall be proportionate to the lowest and highest thermal efficiencies. (8) Labels must contain the model’s energy efficiency rating or thermal efficiency, as applicable, as determined in accordance with this part and as indicated on the sample labels in appendix L to this part. (9) Labels must contain a statement as illustrated in the prototype labels in appendix L and specified as follows: Efficiency range based only on models fueled by [natural gas or oil]. For more information, visit www.ftc.gov/energy. (10) The following statement shall appear on each label as illustrated in the prototype and sample labels in appendix L to this part: Federal law prohibits removal of this label before consumer purchase. (b) Additional information. No marks or information other than that specified in this part shall appear on or directly adjoining this label except that: (1) 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 12-point type or smaller. (2) The energy use disclosure labels required by the governments of Canada E:\FR\FM\30OCR1.SGM 30OCR1 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations or Mexico may appear directly adjoining this label, as desired by the manufacturer. (3) 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. § 305.20 [Amended] 21. In newly redesignated § 305.20: a. Remove the reference ‘‘§ 305.5’’ and add in its place ‘‘this part’’ in paragraph (f)(5); ■ ■ b. Remove ‘‘6-point’’ and add in its place ‘‘12-point’’ in paragraph (f)(10)(i); ■ c. Remove the reference ‘‘§ 305.5’’ and add in its place ‘‘this part’’ in two occurrences in paragraph (g)(5); ■ d. Remove ‘‘7A’’ and add in its place ‘‘7’’ in paragraph (g)(6)(i); and ■ e. Remove ‘‘6-point’’ and add in its place ‘‘12-point’’ in paragraph (g)(15)(i). ■ § 305.21 § 305.24 ■ [Amended] ■ § 305.23 ■ [Amended] 23. In newly redesignated § 305.23: a. Remove the reference ‘‘§ 305.2(n)’’ and add in its place ‘‘this part’’ in paragraph (a)(1); ■ ■ Paragraph Remove (d)(3) ................................................................... (f)(4) .................................................................... (f)(7) .................................................................... (g) ....................................................................... § 305.11(d)(2) ................................................... § 305.5 of this part ........................................... § 305.5 .............................................................. § 305.6 .............................................................. § 305.26 [Amended] b. Remove the reference ‘‘305.4(e)’’ and add in its place ‘‘§ 305.7(e)’’ in paragraph (b)(4); 26. In newly redesignated § 305.26: a. Remove the reference ‘‘305.11(f)’’ and add in its place ‘‘this part’’ in paragraph (a)(4); and ■ § 305.27 [Amended] (b)(1)(i)(F) and (G) .............................................. (b)(1)(i)(A) and (B) .............................................. (b)(1)(i)(C) ........................................................... (b)(1)(i)(A)–(C) and (G) ...................................... (b)(1)(i)(E) ........................................................... (b)(1)(i)(D) ........................................................... (b)(1)(i)(D) ........................................................... (b)(1)(i)(D) ........................................................... (a)(1)(ii)(A) .......................................................... (b)(1)(ii) ............................................................... (b)(2) ................................................................... § 305.5 .............................................................. § 305.5 and appendix K of this Part ................ § 305.5 and appendix K ................................... § 305.7 .............................................................. § 305.13 ............................................................ § 305.15 ............................................................ § 305.15(b)(3)(iv) .............................................. § 305.15(d)(1) ................................................... § 305.16 ............................................................ § 305.20(a)(1)(ii) ............................................... § 305.20(b)(1)(i) and (ii) ................................... [Amended] 30. Revise the heading for appendix A5 to part 305 to read as follows: 28. In newly redesignated § 305.29, remove the reference to ‘‘§ 305.21(b)’’ and add in its place the reference ‘‘§ 305.28(b)’’. Appendix A5 to Part 305—RefrigeratorFreezers With Automated Defrost With Side-Mounted Freezer No Through-theDoor Ice 29. Revise the heading for appendix A4 to part 305 to read as follows: ■ * Appendix A4 to Part 305—RefrigeratorFreezers With Automatic Defrost With Top-Mounted Freezer No Through-theDoor Ice * VerDate Sep<11>2014 * * * * * 31. Revise the heading for appendix A6 to part 305 to read as follows: ■ * 15:59 Oct 29, 2019 Jkt 250001 [Amended] 25. In newly redesignated § 305.25, in the locations cited in the ‘‘Paragraph’’ column, remove the reference indicated in the ‘‘Remove’’ column, and add in its place the reference indicated in the ‘‘Add’’ column. § 305.13(e)(2). this part. this part. § 305.9. column, remove the reference indicated in the ‘‘Remove’’ column, and add in its place the reference indicated in the ‘‘Add’’ column. Add ■ ■ * § 305.25 27. In newly redesignated § 305.27, in the locations cited in the ‘‘Paragraph’’ Remove * 24. Amend newly redesignated § 305.24 by removing paragraphs (b)(4) and (5). ■ Paragraph § 305.29 [Amended] Add ■ ■ b. Remove the reference ‘‘§ 305.2(w)’’ and add in its place ‘‘this part’’ in paragraph (b)(3)(iii); ■ c. Remove the reference ‘‘§ 305.2(hh)’’ and add in its place ‘‘this part’’ in paragraph (b)(3)(v); and ■ d. Remove the reference ‘‘§ 305.2(w)’’ and add in its place ‘‘this part’’ in paragraph (c)(2)(i)(C). 22. In newly redesignated § 305.21, remove the references to ‘‘§ 305.5’’ and add in their place the reference ‘‘§ 305.8’’ in paragraphs (a)(1)(iii) and (iv). ■ 58037 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 this part. this part. this part. this part § 305.21. § 305.23. § 305.23(b)(3)(iv). § 305.23(g)(1). this part. § 305.27(a)(1)(ii). § 305.27(b)(1)(i) and (ii). Appendix A6 to Part 305—RefrigeratorFreezers With Automated Defrost With Bottom-Mounted Freezer No Throughthe-Door Ice * * * * * * * * * * Appendix K1 to Part 305 [Amended] 32. In appendix K1, remove ‘‘§§ 305.11 and 305.20’’ and add in its place ‘‘§§ 305.14, 305.15, 305.17, and 305.27’’. ■ E:\FR\FM\30OCR1.SGM 30OCR1 58038 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations Appendix K2 to Part 305 [Amended] 33. In appendix K2, remove ‘‘§§ 305.11 and 305.20’’ and add in its place ‘‘§§ 305.16, 305.18 and 305.27’’. ■ * * VerDate Sep<11>2014 * Appendix L to Part 305—Sample Labels BILLING CODE 6750–01–P * 15:59 Oct 29, 2019 Jkt 250001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\30OCR1.SGM 30OCR1 ER30OC19.003</GPH> * 34. In appendix L, revise Prototype Labels 1, 2, 6, and 7 and Sample Labels 1, 2, 3, 13C, and 13D to read as follows: ■ VerDate Sep<11>2014 15:59 Oct 29, 2019 Jkt 250001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4725 E:\FR\FM\30OCR1.SGM 30OCR1 58039 ER30OC19.004</GPH> Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations 58040 * * VerDate Sep<11>2014 * * 15:59 Oct 29, 2019 Jkt 250001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\30OCR1.SGM 30OCR1 ER30OC19.005</GPH> * Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations VerDate Sep<11>2014 15:59 Oct 29, 2019 Jkt 250001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4725 E:\FR\FM\30OCR1.SGM 30OCR1 58041 ER30OC19.006</GPH> Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations VerDate Sep<11>2014 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations 15:59 Oct 29, 2019 Jkt 250001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4725 E:\FR\FM\30OCR1.SGM 30OCR1 ER30OC19.007</GPH> 58042 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations * * VerDate Sep<11>2014 * * 15:59 Oct 29, 2019 Jkt 250001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\30OCR1.SGM 30OCR1 ER30OC19.008</GPH> * 58043 VerDate Sep<11>2014 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations 15:59 Oct 29, 2019 Jkt 250001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4725 E:\FR\FM\30OCR1.SGM 30OCR1 ER30OC19.009</GPH> 58044 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations * * * * Temporary rule; temporary scheduling order; extension. ACTION: By direction of the Commission. April J. Tabor, Acting Secretary. [FR Doc. 2019–23505 Filed 10–29–19; 8:45 am] BILLING CODE 6750–01–C DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1308 [Docket No. DEA–472a] Schedules of Controlled Substances: Extension of Temporary Placement of FUB-AMB in Schedule I of the Controlled Substances Act Drug Enforcement Administration, Department of Justice. AGENCY: VerDate Sep<11>2014 15:59 Oct 29, 2019 Jkt 250001 The Acting Administrator of the Drug Enforcement Administration is issuing this temporary scheduling order to extend the temporary schedule I status of a synthetic cannabinoid, methyl 2-(1-(4-fluorobenzyl)-1Hindazole-3-carboxamido)-3methylbutanoate (other names: FUBAMB, MMB-FUBINACA, AMBFUBINACA), including its optical, positional and geometric isomers, salts, and salts of isomers. The schedule I status of FUB-AMB currently is in effect until November 4, 2019. This temporary order will extend the temporary scheduling of FUB-AMB for one year, or until the permanent scheduling action for this substance is completed, whichever occurs first. DATES: This temporary scheduling order, which extends the order (82 FR 51154, November 3, 2017), is effective SUMMARY: PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 November 3, 2019 and expires on November 3, 2020. If the Drug Enforcement Administration publishes a final rule making this scheduling action permanent, this order will expire on the effective date of that rule, if the effective date is earlier than November 3, 2020. FOR FURTHER INFORMATION CONTACT: Scott Brinks, Diversion Control Division, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (571) 362–8209. SUPPLEMENTARY INFORMATION: Background and Legal Authority On November 3, 2017, the Acting Administrator of the Drug Enforcement Administration (DEA) published a temporary scheduling order in the Federal Register (82 FR 51154) placing methyl 2-(1-(4-fluorobenzyl)-1Hindazole-3-carboxamido)-3methylbutanoate (other names: FUB- E:\FR\FM\30OCR1.SGM 30OCR1 ER30OC19.010</GPH> * 58045

Agencies

FEDERAL TRADE COMMISSION

[Federal Register Volume 84, Number 210 (Wednesday, October 30, 2019)]
[Rules and Regulations]
[Pages 58026-58045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23505]


=======================================================================
-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION

16 CFR Part 305

[3084-AB15]


Energy Labeling Rule

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Commission amends the Energy Labeling Rule (``Rule'') to 
make the Rule easier to use by reorganizing several sections, amending 
language to increase clarity, eliminating several obsolete provisions, 
and making minor corrections.

DATES: The amendments are effective on November 29, 2019.

ADDRESSES: Copies of this document are available on the Commission's 
website, 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

[[Page 58027]]

many of the 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 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. The Rule requires marketers to use national 
average costs for applicable energy sources (e.g., electricity, natural 
gas, oil) as calculated by DOE in all cost calculations. Under the 
Rule, the Commission periodically updates comparability range and 
annual energy cost information based on manufacturer data submitted 
pursuant to the Rule's reporting requirements.\3\
---------------------------------------------------------------------------

    \3\ 16 CFR 305.10.
---------------------------------------------------------------------------

II. Notice of Proposed Rulemaking

    In March 2019, the Commission published a Notice of Proposed 
Rulemaking (``NPRM'') (84 FR 9261 (Mar. 14, 2019)) seeking comments on 
a series of proposed amendments intended to improve the Rule's 
organization and clarity. The Commission proposed such changes because 
various amendments over the years had caused some sections to become 
lengthy and difficult to navigate.
    The NPRM sought comment on three general categories of proposed 
Rule changes. First, the proposed amendments divided current section 
305.3 (Description of covered products), which lists the specific 
product types (e.g., clothes washers, LED lamps) covered by the Rule, 
into four different provisions organized by general product category 
(i.e., appliances, furnaces and central air conditioners, lighting, and 
plumbing).\4\ As the Commission explained in the NPRM, these changes 
should make it easier for stakeholders to identify relevant covered 
products, particularly for categories such as lighting, which contain 
several different product types and exemptions.
---------------------------------------------------------------------------

    \4\ The four proposed product category sections were: Sec.  
305.3 (Description of appliances and consumer electronics), Sec.  
305.4 (Description of furnaces and central air conditioners), Sec.  
305.5 (Description of lighting products), and Sec.  305.6 
(Description of plumbing products).
---------------------------------------------------------------------------

    Second, the amendments proposed in the NPRM divided section 305.11 
into several different sections to make it easier to identify the 
labeling requirements applicable to specific products. Current section 
305.11 addresses the label format and content for several appliances 
through a long list of instructions and exceptions. The proposed new 
provisions included a single section for general layout and formatting, 
plus six additional sections covering label content for refrigerators, 
clothes washers, dishwashers, water heaters, room air conditioners, and 
pool heaters.\5\
---------------------------------------------------------------------------

    \5\ Under the proposal, the revised sections would include: 
Sec.  305.13 (Layout, format, and placement of labels for all 
products), Sec.  305.14 (Label content for refrigerators, 
refrigerator-freezers, and freezers), Sec.  305.15 (Label content 
for clothes washers), Sec.  305.16 (Label content for dishwashers), 
Sec.  305.17 (Label content for water heaters), Sec.  305.18 (Label 
content for room air conditioners), and Sec.  305.19 (Label content 
for pool heaters). The proposed amendments renumbered but otherwise 
retained the current labeling sections for heating and cooling 
equipment, ceiling fans, lighting products, plumbing products, and 
televisions.
---------------------------------------------------------------------------

    Third, the proposed amendments removed obsolete references to 
products produced decades ago (e.g., exemptions for plumbing products 
produced before 1994).\6\ As noted in the NPRM, such provisions are no 
longer necessary because units produced before those dates are unlikely 
to be sold as new today. Finally, the proposed amendments made several 
minor changes to eliminate unnecessary cross references and made minor 
corrections.
---------------------------------------------------------------------------

    \6\ The proposed amendments also removed an obsolete provision 
(Sec.  305.4(d)(3)) related to industry petitions for revised energy 
representations made in response to new or amended DOE test 
procedures. At the time of the Rule's initial publication, the 
Commission had responsibility for reviewing such petitions under 
EPCA. However, DOE has that responsibility under the current 
statute, making this particular provision no longer operable. See 42 
U.S.C. 6293(c)(3).
---------------------------------------------------------------------------

    The Commission sought comment on these proposed amendments and any 
suggestions to clarify, correct, improve, or otherwise make the Rule 
easier to use. The NPRM stated that the Commission was not seeking 
comments on substantive changes to the Rule, such as modifications to 
label content, disclosure requirements, or product coverage.

III. Comments Received and Final Amendments

    In response to the NPRM, the Commission received four comments.\7\ 
All of them supported (or did not object to) the Commission's proposed 
amendments. AHAM, for example, stated that the revisions ``streamline 
some areas and reduce redundancy.'' AHRI supported the effort ``to 
reorganize and clarify'' the Rule. In addition, commenter Drakontaidis 
stated that changes would make the rule much ``easier to comprehend and 
more accessible to'' both businesses and consumers. Given the comments, 
the Commission issues the amendments as proposed. In addition, some 
commenters offered suggestions not included in the NPRM, some of which 
the Commission includes in the final amendments as discussed below.
---------------------------------------------------------------------------

    \7\ Air-Conditioning, Heating, and Refrigeration Institute 
(AHRI), Drakontaidis, Korpal, and Association of Home Appliance 
Manufacturers (AHAM) submitted comments. The comments are available 
at https://www.regulations.gov/docket?D=FTC-2019-0015.
---------------------------------------------------------------------------

    First, AHAM recommended a small change to refrigerator-freezer 
model descriptions in the Appendix A tables (``Without Through-the-Door 
Ice'') to match the sample refrigerator label (``No through-the-door 
ice'').\8\ Second, AHAM, along with commenter Korpal, noted the need to 
adjust the size of the ENERGY STAR logo on the sample labels in 
Appendix L.\9\ Third, AHRI recommended the Commission allow 
manufacturers to use a larger text size for part or publication numbers 
used on EnergyGuide labels (as allowed by the current Rule) to ensure 
manufacturers can match labels to the correct models. The final 
amendments contain these minor corrections and changes.\10\ To avoid 
any burden associated with these minor label amendments, manufacturers 
may wait to implement any necessary changes until their next label 
print run. If manufacturers have any questions

[[Page 58028]]

about the timing of such changes, they may contact FTC staff for 
guidance.\11\
---------------------------------------------------------------------------

    \8\ The Rule does not mandate specific language for the product 
descriptions at top, left of label. However, such descriptions may 
not include extraneous features beyond those identified in the Rule 
itself. See 83 FR 7593, 7595 (Feb. 22, 2018) and 81 FR 63634, 63639, 
n. 39 (Sept. 15, 2016).
    \9\ The amendments make five additional minor corrections and 
updates: (1) Minor adjustments to the font size instructions on the 
refrigerator prototype label in Appendix L (``Estimated Yearly 
Electricity Use'' and ``ftc.gov/energy'') to match the sample itself 
and the online template; (2) corrections to line thicknesses on the 
Clothes Washer prototype and sample labels in Appendix L (does not 
affect the template label); (3) replacement of references to ANSI 
standards in the fluorescent and incandescent lamp definitions with 
appropriate references to EPCA; (4) updates to cross references in 
Appendices K1 and K2, and in the sample Lighting Facts labels in 
Appendix L; and (5) a clarification in new section 305.13 that 
labels affixed to boxes for certain products may have a yellow or a 
neutral contrasting background. In addition, FTC staff has corrected 
several issues AHAM identified with the online label templates 
posted on the FTC website for the convenience of manufacturers. See 
https://www.ftc.gov/tips-advice/business-center/guidance/energyguide-labels-templates-manufacturers.
    \10\ The amendments allow up to 12-point text for part or 
publication numbers on appliances, furnaces, and central air 
conditioner labels in newly designated sections 305.14-305.20. Given 
the size of such labels, the change should have no effect on 
consumer use or understanding. The amendments do not alter 
requirements for smaller EnergyGuide labels (e.g., television 
labels) because larger font sizes may crowd those labels.
    \11\ The Commission finds good cause for implementing these 
various minor technical corrections and changes without further 
notice and comment. See 5 U.S.C. 553(b)(3)(B); 16 CFR 1.26(b).
---------------------------------------------------------------------------

    AHAM also requested an amendment to allow manufacturers to attach 
hangtags on clothes washer exteriors. The Commission declines to make 
this change as part of this proceeding. The current Rule does not allow 
hangtags on the outside of products due to concerns raised in an 
earlier proceeding about the durability of such tags, and AHAM has not 
indicated why such concerns are no longer valid.\12\ Furthermore, such 
an amendment falls outside of the scope of this rulemaking. If 
manufacturers wish to place labels on the outside of clothes washers, 
they may use adhesive labels under the current Rule.\13\
---------------------------------------------------------------------------

    \12\ 72 FR 49947, 49961 (Aug. 29, 2007).
    \13\ See newly designated section 305.13.
---------------------------------------------------------------------------

    Finally, AHRI, which expressed support for Commissioner Wilson's 
dissenting statement on the NPRM (84 FR at 9272-73), recommended a 
broader, substantive rule review aimed at reducing regulatory burden. 
Specifically, AHRI urged elimination of physical labels for central air 
conditioners, heat pumps, and furnaces. According to AHRI, the large 
majority of those products are not purchased off the shelves at retail 
stores, and consumers generally do not view them before installation. 
The Commission is not considering such changes at this time because 
they fall outside of the scope of this rulemaking, which, as explained 
in the NPRM, is limited to improving the Rule's organization and making 
minor modifications and corrections. In addition, the Commission 
considered similar concerns in the past and concluded that the labels 
on such equipment help consumers in both their use of existing 
equipment and their purchasing decisions for replacement products.\14\ 
The Commission may consider AHRI's concerns and other broad issues in 
future proceedings.\15\
---------------------------------------------------------------------------

    \14\ 72 FR 49947, 49956 (Aug. 29, 2007).
    \15\ Commenter Drakontaidis suggested that the Commission create 
a summary section in the Rule ``as a sort of refresher for anything 
that might be missed by the reader.'' Because the amendments already 
shorten the Rule, such a summary does not appear necessary.
---------------------------------------------------------------------------

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 proposed amendments do not 
impose any new or different 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, therefore, concluded that a regulatory flexibility analysis is not 
necessary, and certifies, under 5 U.S.C. 605(b), that the amendments 
will not have a significant economic impact on a substantial number of 
small entities. This rulemaking document constitutes notice of the 
above certification and statement to the Small Business Administration 
required under 5 U.S.C. 605(b).

List of Subjects in 16 CFR Part 305

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

Final Rule Language

    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.


0
2. Amend Sec.  305.2, by revising paragraphs (n), (q), and (aa) to read 
as follows:


Sec.  305.2   Definitions.

* * * * *
    (n) Covered product means any consumer product or consumer 
appliance product described in Sec.  305.3, Sec.  305.4, Sec.  305.5, 
or Sec.  305.6 of this part.
* * * * *
    (q) Estimated annual energy consumption and estimated annual 
operating or energy cost--(1) Estimated annual energy consumption means 
the energy or (for plumbing products) water that is likely to be 
consumed annually in representative use of a consumer product, as 
determined in accordance with tests prescribed under section 323 of the 
Act (42 U.S.C. 6293).
    (i) Kilowatt-hour use per year, or kWh/yr., means estimated annual 
energy consumption expressed in kilowatt-hours of electricity.
    (ii) Therm use per year, or therms/yr., means estimated annual 
energy consumption expressed in therms of natural gas.
    (iii) Gallon use per year, or gallons/yr., means estimated annual 
energy consumption expressed in gallons of propane or No. 2 heating 
oil.
    (2) Estimated annual operating or energy cost means the aggregate 
retail cost of the energy that is likely to be consumed annually in 
representative use of a consumer product, as determined in accordance 
with tests prescribed under section 323 of the Act (42 U.S.C. 6293).
* * * * *
    (aa) New covered product means a covered product the title of which 
has not passed to a purchaser who buys the product for purposes other 
than resale or leasing for a period in excess of one year.
* * * * *

0
3. Revise Sec.  305.3 to read as follows:


Sec.  305.3   Description of appliances and consumer electronics.

    (a) Refrigerators and refrigerator-freezers--(1) Electric 
refrigerator means a cabinet designed for the refrigerated storage of 
food, designed to be capable of achieving storage temperatures above 32 
[deg]F (0 [deg]C) and below 39 [deg]F (3.9 [deg]C), and having a source 
of refrigeration requiring single phase, alternating current electric 
energy input only. An electric refrigerator may include a compartment 
for the freezing and storage of food at temperatures below 32 [deg]F (0 
[deg]C), but does not provide a separate low temperature compartment 
designed for the freezing and storage of food at temperatures below 8 
[deg]F (-13.3 [deg]C).
    (2) Electric refrigerator-freezer means a cabinet which consists of 
two or more compartments with at least one of the compartments designed 
for the refrigerated storage of food and designed to be capable of 
achieving storage

[[Page 58029]]

temperatures above 32 [deg]F (0 [deg]C) and below 39 [deg]F (3.9 
[deg]C), and with at least one of the compartments designed for the 
freezing and storage of food at temperatures below 8 [deg]F (-13.3 
[deg]C) which may be adjusted by the user to a temperature of 0 [deg]F 
(-17.8 [deg]C) or below. The source of refrigeration requires single 
phase, alternating current electric energy input only.
    (b) Freezer means a cabinet designed as a unit for the freezing and 
storage of food at temperatures of 0 [deg]F or below, and having a 
source of refrigeration requiring single phase, alternating current 
electric energy input only.
    (c) Dishwasher means a cabinet-like appliance which, with the aid 
of water and detergent, washes, rinses, and dries (when a drying 
process is included) dishware, glassware, eating utensils and most 
cooking utensils by chemical, mechanical, and/or electrical means and 
discharges to the plumbing drainage system.
    (1) Water heating dishwasher means a dishwasher which is designed 
for heating cold inlet water (nominal 50 [deg]F) or a dishwasher for 
which the manufacturer recommends operation with a nominal inlet water 
temperature of 120 [deg]F and may operate at either of these inlet 
water temperatures by providing internal water heating to above 120 
[deg]F in at least one wash phase of the normal cycle.
    (2) [Reserved]
    (d) Water heater means a product which utilizes oil, gas, or 
electricity to heat potable water for use outside the heater upon 
demand, including--
    (1) Storage type units which heat and store water at a 
thermostatically controlled temperature, including gas storage water 
heaters with an input of 75,000 Btu per hour or less, oil storage water 
heaters with an input of 105,000 Btu per hour or less, and electric 
storage water heaters with an input of 12 kilowatts or less;
    (2) Instantaneous type units that heat water but contain no more 
than one gallon of water per 4,000 Btu per hour of input, including gas 
instantaneous water heaters with an input of 200,000 Btu per hour or 
less, oil instantaneous water heaters with an input of 210,000 Btu per 
hour or less, and electric instantaneous water heaters with an input of 
12 kilowatts or less; and
    (3) Heat pump type units, with a maximum current rating of 24 
amperes at a voltage no greater than 250 volts, which are products 
designed to transfer thermal energy from one temperature level to a 
higher temperature level for the purpose of heating water, including 
all ancillary equipment such as fans, storage tanks, pumps, or controls 
necessary for the device to perform its function.
    (e) Room air conditioner means a consumer product, other than a 
packaged terminal air conditioner, which is powered by a single phase 
electric current and which is an encased assembly designed as a unit 
for mounting in a window or through the wall for the purpose of 
providing delivery of conditioned air to an enclosed space. It includes 
a prime source of refrigeration and may include a means for ventilating 
and heating.
    (f) Clothes washer means a consumer product designed to clean 
clothes, utilizing a water solution of soap and/or detergent and 
mechanical agitation or other movement, and must be one of the 
following classes: Automatic clothes washers, semi-automatic clothes 
washers, and other clothes washers.
    (1) Automatic clothes washer means a class of clothes washer which 
has a control system capable of scheduling a pre-selected combination 
of operations, such as regulation of water fill level, and performance 
of wash, rinse, drain and spin functions, without the need for the user 
to intervene subsequent to the initiation of machine operation. Some 
models may require user intervention to initiate these different 
segments of the cycle after the machine has begun operation, but they 
do not require the user to intervene to regulate the water temperature 
by adjusting the external water faucet valves.
    (2) Semi-automatic clothes washer means a class of clothes washer 
that is the same as an automatic clothes washer except that the user 
must intervene to regulate the water temperature by adjusting the 
external water faucet valves.
    (3) Other clothes washer means a class of clothes washer that is 
not an automatic or semi-automatic clothes washer.
    (g) Ceiling fan means a nonportable device that is suspended from a 
ceiling for circulating air via the rotation of fan blades, excluding 
large-diameter and high-speed small diameter fans as defined in 
appendix U of subpart B of 10 CFR part 430. The requirements of this 
part are otherwise limited to those ceiling fans for which the 
Department of Energy has adopted and published test procedures for 
measuring energy usage.
    (h) Television means a product that is designed to produce dynamic 
video, contains an internal TV tuner encased within the product 
housing, and is capable of receiving dynamic visual content from wired 
or wireless sources including but not limited to: Broadcast and similar 
services for terrestrial, cable, satellite, and/or broadband 
transmission of analog and/or digital signals; and/or display-specific 
data connections, such as HDMI, Component video, S-video, Composite 
video; and/or media storage devices such as a USB flash drive, memory 
card, or a DVD; and/or network connections, usually using internet 
Protocol, typically carried over Ethernet or Wi-Fi. The requirements of 
this part are limited to those televisions for which the Department of 
Energy has adopted and published test procedures for measuring energy 
use.
    (i) Pool heater means an appliance designed for heating nonpotable 
water contained at atmospheric pressure, including heating water in 
swimming pools, spas, hot tubs and similar applications.


Sec.  305.11   [Removed]

0
4. Remove Sec.  305.11.


Sec. Sec.  305.4 through 305.8, 305.10, 305.12 through 305.17, and 
305.19 through 305.25  [Redesignated as Sec. Sec.  305.7 through 
305.11, 305.12, 305.20 through 305.25, and 305.26 through 305.32]

0
5. Redesignate the sections listed in the ``Old Section'' column as the 
sections listed in the ``New Section'' column as shown in the following 
table:

------------------------------------------------------------------------
            Old Section                          New Section
------------------------------------------------------------------------
               Sec.   305.4                         Sec.   305.7
               Sec.   305.5                         Sec.   305.8
               Sec.   305.6                         Sec.   305.9
               Sec.   305.7                        Sec.   305.10
               Sec.   305.8                        Sec.   305.11
              Sec.   305.10                        Sec.   305.12
              Sec.   305.12                        Sec.   305.20
              Sec.   305.13                        Sec.   305.21
              Sec.   305.14                        Sec.   305.22
              Sec.   305.15                        Sec.   305.23
              Sec.   305.16                        Sec.   305.24
              Sec.   305.17                        Sec.   305.25
              Sec.   305.19                        Sec.   305.26
              Sec.   305.20                        Sec.   305.27
              Sec.   305.21                        Sec.   305.28
              Sec.   305.22                        Sec.   305.29
              Sec.   305.23                        Sec.   305.30
              Sec.   305.24                        Sec.   305.31
              Sec.   305.25                        Sec.   305.32
------------------------------------------------------------------------


0
6. Add new Sec.  305.4 to read as follows:


Sec.  305.4   Description of furnaces and central air conditioners.

    (a) Furnaces--(1) Furnace means a product that utilizes only 
single-phase electric current, or single-phase electric current or DC 
current in conjunction with natural gas, propane, or home heating oil, 
and which--
    (i) Is designed to be the principal heating source for the living 
space of a residence;
    (ii) Is not contained within the same cabinet with a central air 
conditioner

[[Page 58030]]

whose rated cooling capacity is above 65,000 Btu per hour;
    (iii) Is an electric central furnace, electric boiler, forced-air 
central furnace, gravity central furnace, or low pressure steam or hot 
water boiler; and
    (iv) Has a heat input rate of less than 300,000 Btu per hour for 
electric boilers and low pressure steam or hot water boilers and less 
than 225,000 Btu per hour for forced-air central furnaces, gravity 
central furnaces, and electric central furnaces.
    (2) Electric central furnace means a furnace designed to supply 
heat through a system of ducts with air as the heating medium, in which 
heat is generated by one or more electric resistance heating elements 
and the heated air is circulated by means of a fan or blower.
    (3) Forced air central furnace means a gas or oil burning furnace 
designed to supply heat through a system of ducts with air as the 
heating medium. The heat generated by combustion of gas or oil is 
transferred to the air within a casing by conduction through heat 
exchange surfaces and is circulated through the duct system by means of 
a fan or blower.
    (4) Gravity central furnace means a gas fueled furnace which 
depends primarily on natural convection for circulation of heated air 
and which is designed to be used in conjunction with a system of ducts.
    (5) Electric boiler means an electrically powered furnace designed 
to supply low pressure steam or hot water for space heating 
application. A low pressure steam boiler operates at or below 15 pounds 
per square inch gauge (psig) steam pressure; a hot water boiler 
operates at or below 160 psig water pressure and 250 [deg]F water 
temperature.
    (6) Low pressure steam or hot water boiler means an electric, gas 
or oil burning furnace designed to supply low pressure steam or hot 
water for space heating application. A low pressure steam boiler 
operates at or below 15 pounds psig steam pressure; a hot water boiler 
operates at or below 160 psig water pressure and 250 [deg]F water 
temperature.
    (7) Outdoor furnace or boiler is a furnace or boiler normally 
intended for installation out-of-doors or in an unheated space (such as 
an attic or a crawl space).
    (8) Weatherized warm air furnace or boiler means a furnace or 
boiler designed for installation outdoors, approved for resistance to 
wind, rain, and snow, and supplied with its own venting system.
    (b) Central air conditioner means a product, other than a packaged 
terminal air conditioner, which is powered by single phase electric 
current, air cooled, rated below 65,000 Btu per hour, not contained 
within the same cabinet as a furnace, the rated capacity of which is 
above 225,000 Btu per hour, and is a heat pump or a cooling only unit.
    (1) Condenser-evaporator coil combination means a condensing unit 
made by one manufacturer and one of several evaporator coils, either 
manufactured by the same manufacturer or another manufacturer, intended 
to be combined with that particular condensing unit.
    (2) Condensing unit means a component of a ``central air 
conditioner'' which is designed to remove heat absorbed by the 
refrigerant and to transfer it to the outside environment, and which 
consists of an outdoor coil, compressor(s), and air moving device.
    (3) Evaporator coil means a component of a central air conditioner 
that is designed to absorb heat from an enclosed space and transfer the 
heat to a refrigerant.
    (4) Single package unit means any central air conditioner in which 
all the major assemblies are enclosed in one cabinet.
    (5) Split system means any central air conditioner in which one or 
more of the major assemblies are separate from the others.
    (c) Heat pump means a product, other than a packaged terminal heat 
pump, which consists of one or more assemblies, powered by single phase 
electric current, rated below 65,000 Btu per hour, utilizing an indoor 
conditioning coil, compressor, and refrigerant-to-outdoor air heat 
exchanger to provide air heating, and may also provide air cooling, 
dehumidifying, humidifying, circulating, and air cleaning.

0
7. Add new Sec.  305.5 to read as follows:


Sec.  305.5   Description of lighting products.

    (a) Fluorescent lamp ballast means a device which is used to start 
and operate fluorescent lamps by providing a starting voltage and 
current and limiting the current during normal operation.
    (b) Fluorescent lamp means:
    (1) A low pressure mercury electric-discharge source in which a 
fluorescing coating transforms some of the ultra-violet energy 
generated by the mercury discharge into light, including only the 
following:
    (i) Any straight-shaped lamp (commonly referred to as 4-foot medium 
bi-pin lamps) with medium bi-pin bases of nominal overall length of 48 
inches and rated wattage of 28 or more;
    (ii) Any U-shaped lamp (commonly referred to as 2-foot U-shaped 
lamps) with medium bi-pin bases of nominal overall length between 22 
and 25 inches and rated wattage of 28 or more;
    (iii) Any rapid start lamp as defined at 42 U.S.C. 
6291(30)(A)(iii); and
    (iv) Any instant start lamp as defined at 42 U.S.C. 
6291(30)(A)(iv); but
    (2) Fluorescent lamp does not mean any lamp excluded by the 
Department of Energy, by rule, as a result of a determination that 
standards for such lamp would not result in significant energy savings 
because such lamp is designed for special applications or has special 
characteristics not available in reasonably substitutable lamp types; 
and
    (3) General service fluorescent lamp means a fluorescent lamp which 
can be used to satisfy the majority of fluorescent applications, but 
does not mean any lamp designed and marketed for the following 
nongeneral lighting applications:
    (i) Fluorescent lamps designed to promote plant growth;
    (ii) Fluorescent lamps specifically designed for cold temperature 
installations;
    (iii) Colored fluorescent lamps;
    (iv) Impact-resistant fluorescent lamps;
    (v) Reflectorized or aperture lamps;
    (vi) Fluorescent lamps designed for use in reprographic equipment;
    (vii) Lamps primarily designed to produce radiation in the ultra-
violet region of the spectrum; and
    (viii) Lamps with a color rendering index of 82 or greater.
    (c) General service lamp means:
    (1) A lamp that is:
    (i) A medium base compact fluorescent lamp;
    (ii) A general service incandescent lamp;
    (iii) A general service light-emitting diode (LED or OLED) lamp; or
    (iv) Any other lamp that the Secretary of Energy determines is used 
to satisfy lighting applications traditionally served by general 
service incandescent lamps.
    (2) Exclusions: The term general service lamp does not include--
    (i) Any lighting application or bulb shape described in paragraphs 
(e)(3)(ii)(A) through (T) of this section; and
    (ii) Any general service fluorescent lamp.
    (d) Medium base compact fluorescent lamp means an integrally 
ballasted fluorescent lamp with a medium screw base, a rated input 
voltage range of 115 to 130 volts and which is designed as a direct 
replacement for a general service

[[Page 58031]]

incandescent lamp; however, the term does not include--
    (1) Any lamp that is:
    (i) Specifically designed to be used for special purpose 
applications; and
    (ii) Unlikely to be used in general purpose applications, such as 
the applications described in the definition of ``General Service 
Incandescent Lamp'' in paragraph (e)(3)(ii) of this section; or
    (2) Any lamp not described in the definition of ``General Service 
Incandescent Lamp'' in this section and that is excluded by the 
Department of Energy, by rule, because the lamp is--
    (i) Designed for special applications; and
    (ii) Unlikely to be used in general purpose applications.
    (e) Incandescent lamp means:
    (1) A lamp in which light is produced by a filament heated to 
incandescence by an electric current, including only the following:
    (i) Any lamp (commonly referred to as lower wattage nonreflector 
general service lamps, including any tungsten halogen lamp) that has a 
rated wattage between 30 and 199 watts, has an E26 medium screw base, 
has a rated voltage or voltage range that lies at least partially 
within 115 and 130 volts, and is not a reflector lamp;
    (ii) Any lamp (commonly referred to as a reflector lamp) which is 
not colored or designed for rough or vibration service applications, 
that contains an inner reflective coating on the outer bulb to direct 
the light, an R, PAR, ER, BR, BPAR, or similar bulb shapes with E26 
medium screw bases, a rated voltage or voltage range that lies at least 
partially within 115 and 130 volts, a diameter which exceeds 2.25 
inches, and has a rated wattage that is 40 watts or higher;
    (iii) Any general service incandescent lamp (commonly referred to 
as a high- or higher-wattage lamp) that has a rated wattage above 199 
watts (above 205 watts for a high wattage reflector lamp); but
    (2) Incandescent lamp does not mean any lamp excluded by the 
Secretary of Energy, by rule, as a result of a determination that 
standards for such lamp would not result in significant energy savings 
because such lamp is designed for special applications or has special 
characteristics not available in reasonably substitutable lamp types;
    (3) General service incandescent lamp means:
    (i) In general, a standard incandescent, halogen, or reflector type 
lamp that--
    (A) Is intended for general service applications;
    (B) Has a medium screw base;
    (C) Has a lumen range of not less than 310 lumens and not more than 
2,600 lumens; and
    (D) Is capable of being operated at a voltage range at least 
partially within 110 and 130 volts.
    (ii) Exclusions. The term ``general service incandescent lamp'' 
does not include the following incandescent lamps:
    (A) An appliance lamp as defined at 42 U.S.C. 6291(30);
    (B) A black light lamp;
    (C) A bug lamp;
    (D) A colored lamp as defined at 42 U.S.C. 6291(30);
    (E) An infrared lamp;
    (F) A left hand thread lamp;
    (G) A marine lamp;
    (H) A marine signal service lamp;
    (I) A mine service lamp;
    (J) A plant light lamp;
    (K) A rough service lamp as defined at 42 U.S.C. 6291(30);
    (L) A shatter resistant lamp (including a shatter-proof lamp and a 
shatter-protected lamp);
    (M) A sign service lamp;
    (N) A silver bowl lamp;
    (O) A showcase lamp;
    (P) A traffic signal lamp;
    (Q) A vibration service lamp as defined at 42 U.S.C. 6291(30);
    (R) A G shape lamp as defined at 42 U.S.C. 6291(30)(D)(ii)(XX);
    (S) A T shape lamp as defined at 42 U.S.C. 6291(30)(D)(ii)(XXI); or
    (T) A B, BA, CA, F, G16-1/2, G-25, G-30, S, or M-14 lamp as defined 
at 42 U.S.C. 6291(30)(D)(ii)(XXII).
    (4) Incandescent reflector lamp means a lamp described in paragraph 
(e)(1)(ii) of this section; and
    (5) Tungsten halogen lamp means a gas filled tungsten filament 
incandescent lamp containing a certain proportion of halogens in an 
inert gas.
    (f) Light emitting diode (LED) means a p-n junction solid state 
device the radiated output of which is a function of the physical 
construction, material used, and exciting current of the device. The 
output of a light emitting diode may be in--
    (1) The infrared region;
    (2) The visible region; or
    (3) The ultraviolet region.
    (g) Organic light emitting diode (OLED) means a thin-film light-
emitting device that typically consists of a series of organic layers 
between 2 electrical contacts (electrodes).
    (h) General service light-emitting diode (LED or OLED) lamp means 
any light emitting diode (LED or OLED) lamp that:
    (1) Is a consumer product;
    (2) Is intended for general service applications;
    (3) Has a medium screw base;
    (4) Has a lumen range of not less than 310 lumens and not more than 
2,600 lumens; and
    (5) Is capable of being operated at a voltage range at least 
partially within 110 and 130 volts.
    (i) Metal halide lamp fixture means a light fixture for general 
lighting application that is designed to be operated with a metal 
halide lamp and a ballast for a metal halide lamp and that is subject 
to and complies with Department of Energy efficiency standards issued 
pursuant to 42 U.S.C. 6295.
    (1) Metal halide ballast means a ballast used to start and operate 
metal halide lamps.
    (2) Metal halide lamp means a high intensity discharge lamp in 
which the major portion of the light is produced by radiation of metal 
halides and their products of dissociation, possibly in combination 
with metallic vapors.
    (j) Specialty consumer lamp means:
    (1) Any lamp that:
    (i) Is not included under the definition of general service lamp in 
this part;
    (ii) Has a lumen range between 310 lumens and no more than 2,600 
lumens or a rated wattage between 30 and 199;
    (iii) Has one of the following bases:
    (A) A medium screw base;
    (B) A candelabra screw base;
    (C) A GU-10 base; or
    (D) A GU-24 base; and
    (iv) Is capable of being operated at a voltage range at least 
partially within 110 and 130 volts.
    (2) Inclusions: The term specialty consumer lamp includes, but is 
not limited to, the following lamps if such lamps meet the conditions 
listed in paragraph (1):
    (i) Vibration-service lamps as defined at 42 U.S.C. 6291(30)(AA);
    (ii) Rough service lamps as defined at 42 U.S.C. 6291(30)(X);
    (iii) Appliance lamps as defined at 42 U.S.C. 6291(30)(T); and
    (iv) Shatter resistant lamps (including a shatter proof lamp and a 
shatter protected lamp) as defined in 42 U.S.C. 6291(30)(Z).
    (3) Exclusions: The term specialty consumer lamp does not include:
    (i) A black light lamp;
    (ii) A bug lamp;
    (iii) A colored lamp;
    (iv) An infrared lamp;
    (v) A left-hand thread lamp;
    (vi) A marine lamp;
    (vii) A marine signal service lamp;
    (viii) A mine service lamp;
    (ix) A sign service lamp;
    (x) A silver bowl lamp;
    (xi) A showcase lamp;

[[Page 58032]]

    (xii) A traffic signal lamp;
    (xiii) A G-shape lamp with diameter of 5 inches or more;
    (xiv) A C7, M-14, P, RP, S, or T shape lamp;
    (xv) A intermediate screw-base lamp; and
    (xvi) A plant light lamp.

0
8. Add new Sec.  305.6 to read as follows:


Sec.  305.6   Description of plumbing products.

    (a) Showerhead means a component or set of components distributed 
in commerce for attachment to a single supply fitting, for spraying 
water onto a bather, typically from an overhead position, excluding 
safety shower showerheads.
    (b) Faucet means a lavatory faucet, kitchen faucet, metering 
faucet, or replacement aerator for a lavatory or kitchen faucet.
    (c) Water closet means a plumbing fixture having a water-containing 
receptor which receives liquid and solid body waste and, upon 
actuation, conveys the waste through an exposed integral trap seal into 
a gravity drainage system, except such term does not include fixtures 
designed for installation in prisons.
    (d) Urinal means a plumbing fixture that receives only liquid body 
waste and, on demand, conveys the waste through a trap seal into a 
gravity drainage system, except such term does not include fixtures 
designed for installation in prisons.

0
9. In newly re-designated Sec.  305.7:
0
a. Remove the reference ``Sec.  305.20'' and add in its place ``Sec.  
305.27'' in paragraph (b)(5);
0
b. Remove the reference ``Sec.  305.26'' and add in its place ``Sec.  
305.9'' in paragraph (b)(6);
0
c. Remove the reference ``Sec.  305.19'' and add in its place ``Sec.  
305.26'' in paragraph (c);
0
d. Remove paragraph (d)(3); and
0
e. Revise paragraph (e).
    The revision reads as follows:


Sec.  305.7   Prohibited acts.

* * * * *
    (e) This part shall not apply to:
    (1) Any covered product if it is manufactured, imported, sold, or 
held for sale for export from the United States, so long as such 
product is not in fact distributed in commerce for use in the United 
States, and such covered product or the container thereof bears a stamp 
or label stating that such covered product is intended for export.
    (2) Televisions manufactured before May 10, 2011.
* * * * *

0
10. In newly redesignated Sec.  305.8, revise paragraph (c) to read as 
follows:


Sec.  305.8   Determinations of estimated annual energy consumption, 
estimated annual operating cost, and energy efficiency rating, water 
use rate, and other required disclosure content.

* * * * *
    (c) Representations for ceiling fans under Sec.  305.21 and 
televisions under Sec.  305.25 must be derived from applicable 
procedures in 10 CFR parts 429, 430, and 431.

0
11. Revise newly redesignated Sec.  305.9 to read as follows:


Sec.  305.9   Duty to provide labels on websites.

    For each covered product required by this part to bear an 
EnergyGuide or Lighting Facts label, the manufacturer must make a copy 
of the label available on a publicly accessible website in a manner 
that allows catalog sellers to hyperlink to the label or download it 
for use in websites or paper catalogs. The label for each specific 
model must remain on the website for six months after production of 
that model ceases.

0
12. In newly redesignated Sec.  305.11, revise paragraph (a)(5), and in 
paragraph (b)(1) introductory text, remove the reference to ``Sec.  
305.8(a)'' and add in their place ``Sec.  305.11(a)''.
    The revision reads as follows:


Sec.  305.11   Submission of data

    (a) * * *
    (5) Manufacturers must submit a website address for the online 
EnergyGuide labels covered by Sec.  305.9 in new model and annual 
reports required by this section. Manufacturers may accomplish this by 
either submitting a specific link to a URL for each label, a link to a 
PDF download for each label, or a link to a website that takes users 
directly to a searchable database of the covered labels from which the 
label image or download may be accessed using the model number as 
certified to DOE pursuant to 10 CFR part 429 and the model number 
advertised in product literature. Such label information must be 
submitted either at the time the model is certified to DOE pursuant to 
10 CFR part 429 or at some time on or before the annual report date 
immediately following such certification. In lieu of submitting the 
required information to the Commission, manufacturers may submit such 
information to the Department of Energy via the CCMS at https://regulations.doe.gov/ccms as provided by 10 CFR 429.12. The requirements 
in this paragraph do not apply to Lighting Facts labels.
* * * * *

0
13. In newly redesignated Sec.  305.12:
0
a. In paragraph (b):
0
i. Remove the reference ``Sec.  305.11'' and add in its place ``Sec.  
305.14 through Sec.  305.19'';
0
ii. Remove the reference to ``Sec.  305.20'' and add in its place 
``Sec.  305.27''; and
0
b. Revise paragraphs (c) introductory text and (c)(1);
    The revisions read as follows:


Sec.  305.12   Ranges of comparability on the required labels.

* * * * *
    (c) Operating costs or efficiency ratings outside current range. 
When the estimated annual operating cost or energy efficiency rating of 
a given model of a product covered by this section falls outside the 
limits of the current range for that product, which could result from 
the introduction of a new or changed model, the manufacturer shall:
    (1) Omit placement of such product on the scale appearing on the 
label, and
* * * * *

0
14. Add new Sec.  305.13 to read as follows:


Sec.  305.13   Layout, format, and placement of labels for 
refrigerators, refrigerator-freezers, freezers, dishwashers, clothes 
washers, water heaters, room air conditioners, and pool heaters.

    (a) Coverage. The requirements of this section apply to labels for 
refrigerators, refrigerator-freezers, freezers, dishwashers, clothes 
washers, water heaters, room air conditioners, and pool heaters.
    (b) Layout. Energy labels shall use one size, similar colors, and 
typefaces with consistent positioning of headline, copy, and charts to 
maintain uniformity for immediate consumer recognition and readability. 
Trim size dimensions for the labels shall be as follows: Width must be 
between 5\1/4\ inches and 5\1/2\ inches (13.34 cm. and 13.97 cm.); 
length must be between 7\3/8\ inches (18.73 cm.) and 7\5/8\ (19.37 
cm.). Copy is to be set between 27 picas and 29 picas and copy page 
should be centered (right to left and top to bottom). Depth is variable 
but should follow closely the prototype and sample labels appearing at 
the end of this part illustrating the basic layout. All positioning, 
spacing, type sizes, and line widths should be similar to and 
consistent with the prototype and sample labels in appendix L to this 
part.
    (c) Type style and setting. The Arial series typeface or equivalent 
shall be used exclusively on the label. Specific sizes and faces to be 
used are indicated on the prototype labels. No hyphenation should be 
used in setting headline or copy text. Positioning and spacing should 
follow the prototypes closely. Generally, text must be set flush left 
with two points leading except where

[[Page 58033]]

otherwise indicated. See the prototype labels for specific directions.
    (d) Colors. Except as indicated in paragraph (e)(3) of this 
section, the basic colors of all labels covered by this section shall 
be process yellow or equivalent and process black. The label shall be 
printed full bleed process yellow. All type and graphics shall be print 
process black.
    (e) Label types. Except as indicated in paragraph (e)(3) of this 
section, the labels must be affixed to the product in the form of an 
adhesive label for any product covered by this section, or in the form 
of a hang tag for refrigerators, refrigerator-freezers, freezers, 
dishwashers, and clothes washers, as follows:
    (1) Adhesive labels. All adhesive labels should be applied so they 
can be easily removed without the use of tools or liquids, other than 
water, but should be applied with an adhesive with an adhesion capacity 
sufficient to prevent their dislodgment during normal handling 
throughout the chain of distribution to the retailer or consumer. The 
paper stock for pressure-sensitive or other adhesive labels shall have 
a basic weight of not less than 58 pounds per 500 sheets (25'' x 38'') 
or equivalent, exclusive of the release liner and adhesive. A minimum 
peel adhesion capacity for the adhesive of 12 ounces per square inch is 
suggested, but not required if the adhesive can otherwise meet the 
above standard. In lieu of a label with adhesive backing, manufacturers 
may adhere the label with adhesive tape, provided the tape is affixed 
along the entire top and bottom of the label.
    (2) Hang tags. Labels may be affixed to the product interior in the 
form of a hang tag using cable ties or double strings connected through 
reinforced punch holes, or with attachment and label material of 
equivalent or greater strength and durability. If paper stock is used 
for hang tags, it shall have a basic weight of not less than 110 pounds 
per 500 sheets (25\1/2\'' x 30\1/2\'' index). When materials are used 
to attach the hang tags to appliance products, the materials shall be 
of sufficient strength to insure that if gradual pressure is applied to 
the hang tag by pulling it away from where it is affixed to the 
product, the hang tag will tear before the material used to affix the 
hang tag to the product breaks.
    (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. 
The labels for electric instantaneous water heaters and room air 
conditioners shall be black type and graphics on a process yellow or 
other neutral contrasting background.
    (f) Placement--(1) Adhesive labels. Manufacturers shall affix 
adhesive labels to the covered products in such a position that it is 
easily read by a consumer examining the product. The label should be 
generally located on the upper-right-front corner of the product's 
front exterior. However, some other prominent location may be used as 
long as the label will not become dislodged during normal handling 
throughout the chain of distribution to the retailer or consumer. The 
top of the label should not exceed 74 inches from the base of taller 
products. The label can be displayed in the form of a flap tag adhered 
to the top of the appliance and bent (folded at 90[deg]) to hang over 
the front, as long as this can be done with assurance that it will be 
readily visible.
    (2) Hang tags. A hang tag shall be affixed to the interior of the 
product in such a position that it can be easily read by a consumer 
examining the product. A hang tag can be affixed in any position that 
meets this requirement as long as the label will not become dislodged 
during normal handling throughout the chain of distribution to the 
retailer or consumer. Hang tags may only be affixed in refrigerators, 
refrigerator-freezers, freezers, dishwashers, and clothes washers.

0
15. Add new Sec.  305.14 to read as follows:


Sec.  305.14   Label content for refrigerators, refrigerator-freezers, 
and freezers.

    (a) Label content. (1) Headlines and texts, as illustrated in the 
prototype and sample labels in appendix L to this part, are standard 
for all labels.
    (2) Name of manufacturer or private labeler shall, in the case of a 
corporation, be deemed to be satisfied only by the actual corporate 
name, which may be preceded or followed by the name of the particular 
division of the corporation. In the case of an individual, partnership, 
or association, the name under which the business is conducted shall be 
used. Inclusion of the name of the manufacturer or private labeler is 
optional at the discretion of the manufacturer or private labeler.
    (3) Model number(s) will be the designation given by the 
manufacturer or private labeler.
    (4) Capacity or size is that determined in accordance with this 
part. The capacity provided on the label shall be the model's total 
refrigerated volume (VT) as determined in accordance with this part and 
the model description must be consistent with the categories described 
in Appendices A and B to this part.
    (5) Unless otherwise indicated in this paragraph, estimated annual 
operating costs must be determined in accordance with this part. Labels 
for dual-mode refrigerator-freezers that can operate as either a 
refrigerator or a freezer must reflect the estimated energy cost of the 
model's most energy intensive configuration.
    (6) Unless otherwise indicated in this paragraph, ranges of 
comparability for estimated annual operating costs are found in the 
appropriate appendices accompanying this part.
    (7) Placement of the labeled product on the scale shall be 
proportionate to the lowest and highest estimated annual operating 
costs.
    (8) Labels must contain the model's estimated annual energy 
consumption as determined in accordance with this part and as indicated 
on the sample labels in appendix L.
    (9) Labels must contain statements as illustrated in the prototype 
labels in appendix L and specified as follows by product type:
    (i) Labels for refrigerators, refrigerator-freezers, and freezers 
shall contain the text and graphics illustrated in sample labels of 
appendix L, including the statement:
    Compare ONLY to other labels with yellow numbers.
    Labels with yellow numbers are based on the same test procedures.
    (ii) Labels for refrigerators and refrigerator-freezers must 
contain a statement as illustrated in the prototype labels in appendix 
L and specified as follows (fill in the blanks with the appropriate 
energy cost figure):
    Your cost will depend on your utility rates and use.
    Both cost ranges based on models of similar size capacity.
    [Insert statement required by paragraph (a)(9)(iii) of this 
section].
    Estimated energy cost based on a national average electricity cost 
of __ cents per kWh.
    ftc.gov/energy.
    (iii) Labels for refrigerators and refrigerator-freezers shall 
include the following as part of the statement required by paragraph 
(a)(9)(ii) of this section:
    (A) For models covered under appendix A1 to this part, the sentence 
shall read:
    Models with similar features have automatic defrost and no freezer.
    (B) For models covered under appendix A2 to this part, the sentence 
shall read:

[[Page 58034]]

    Models with similar features have manual defrost.
    (C) For models covered under appendix A3 to this part, the sentence 
shall read:
    Models with similar features have partial automatic defrost.
    (D) For models covered under appendix A4 to this part, the sentence 
shall read:
    Models with similar features have automatic defrost, top-mounted 
freezer, and no through-the-door ice.
    (E) For models covered under appendix A5 to this part, the sentence 
shall read:
    Models with similar features have automatic defrost, side-mounted 
freezer, and no through-the-door ice.
    (F) For models covered under appendix A6 to this part, the sentence 
shall read:
    Models with similar features have automatic defrost, bottom-mounted 
freezer, and no through-the-door ice.
    (G) For models covered under appendix A7 to this part, the sentence 
shall read:
    Models with similar features have automatic defrost, bottom-mounted 
freezer and through-the-door ice.
    (H) For models covered under appendix A8 to this part, the sentence 
shall read:
    Models with similar features have automatic defrost, side-mounted 
freezer, and through-the-door ice.
    (iv) Labels for freezers must contain a statement as illustrated in 
the prototype labels in appendix L and specified as follows (fill in 
the blanks with the appropriate energy cost figure):
    Your cost will depend on your utility rates and use.
    [Insert statement required by paragraph (a)(10)(v) of this 
section].
    Estimated energy cost based on a national average electricity cost 
of __cents per kWh.
    ftc.gov/energy.
    (v) For freezers, the following sentence shall be included as part 
of the statement required by paragraph (a)(9)(iv) of this section:
    (A) For models covered under appendix B1 to this part, the sentence 
shall read:
    Cost range based only on upright freezer models of similar capacity 
with manual defrost.
    (B) For models covered under appendix B2 to this part, the sentence 
shall read:
    Cost range based only on upright freezer models of similar capacity 
with automatic defrost.
    (C) For models covered under appendix B3 to this part, the sentence 
shall read:
    Cost range based only on chest and other freezer models of similar 
capacity.
    (10) The following statement shall appear on each label as 
illustrated in the prototype and sample labels in appendix L to this 
part:
    Federal law prohibits removal of this label before consumer 
purchase.
    (b) Additional information. No marks or information other than that 
specified in this part shall appear on or directly adjoining this label 
except that:
    (1) 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 12-point type or smaller.
    (2) The energy use disclosure labels required by the governments of 
Canada or Mexico may appear directly adjoining this label, as desired 
by the manufacturer.
    (3) 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
16. Add new Sec.  305.15 to read as follows:


Sec.  305.15   Label content for clothes washers.

    (a) Label content. (1) Headlines and texts, as illustrated in the 
prototype and sample labels in appendix L to this part, are standard 
for all labels.
    (2) Name of manufacturer or private labeler shall, in the case of a 
corporation, be deemed to be satisfied only by the actual corporate 
name, which may be preceded or followed by the name of the particular 
division of the corporation. In the case of an individual, partnership, 
or association, the name under which the business is conducted shall be 
used. Inclusion of the name of the manufacturer or private labeler is 
optional at the discretion of the manufacturer or private labeler.
    (3) Model number(s) will be the designation given by the 
manufacturer or private labeler.
    (4) Capacity or size is that determined in accordance with this 
part.
    (5) Estimated annual operating costs are as determined in 
accordance with this part. Labels must disclose estimated annual 
operating cost for both electricity and natural gas as illustrated in 
the sample labels in appendix L to this part.
    (6) Unless otherwise indicated in this paragraph, ranges of 
comparability for estimated annual operating costs are found in the 
appropriate appendices accompanying this part.
    (7) Placement of the labeled product on the scale shall be 
proportionate to the lowest and highest estimated annual operating 
costs.
    (8) Labels must contain the model's estimated annual energy 
consumption as determined in accordance with this part and as indicated 
on the sample labels in appendix L.
    (9) The label shall contain the text and graphics illustrated in 
the sample labels in appendix L, including the statement:
    Compare ONLY to other labels with yellow numbers.
    Labels with yellow numbers are based on the same test procedures.
    (10) Labels must contain a statement as illustrated in the 
prototype labels in appendix L and specified 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.
    (11) The following statement shall appear on each label as 
illustrated in the prototype and sample labels in appendix L:
    Federal law prohibits removal of this label before consumer 
purchase.
    (b) Additional information. No marks or information other than that 
specified in this part shall appear on or directly adjoining this label 
except that:
    (1) 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 12-point type or smaller.
    (2) The energy use disclosure labels required by the governments of 
Canada or Mexico may appear directly adjoining this label, as desired 
by the manufacturer.
    (3) 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

[[Page 58035]]

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
17. Add new Sec.  305.16 to read as follows.


Sec.  305.16   Label content for dishwashers.

    (a) Label content. (1) Headlines and texts, as illustrated in the 
prototype and sample labels in appendix L to this part, are standard 
for all labels.
    (2) Name of manufacturer or private labeler shall, in the case of a 
corporation, be deemed to be satisfied only by the actual corporate 
name, which may be preceded or followed by the name of the particular 
division of the corporation. In the case of an individual, partnership, 
or association, the name under which the business is conducted shall be 
used. Inclusion of the name of the manufacturer or private labeler is 
optional at the discretion of the manufacturer or private labeler.
    (3) Model number(s) will be the designation given by the 
manufacturer or private labeler.
    (4) Capacity or size is that determined in accordance with this 
part.
    (5) Estimated annual operating costs are as determined in 
accordance with this part. Labels must disclose estimated annual 
operating cost for both electricity and natural gas as illustrated in 
the sample labels in appendix L to this part.
    (6) Unless otherwise indicated in this paragraph, ranges of 
comparability for estimated annual operating costs are found in the 
appropriate appendices accompanying this part.
    (7) Placement of the labeled product on the scale shall be 
proportionate to the lowest and highest estimated annual operating 
costs.
    (8) Labels must contain the model's estimated annual energy 
consumption as determined in accordance with this part and as indicated 
on the sample labels in appendix L.
    (9) Labels must contain a statement as illustrated in the prototype 
labels in appendix L and specified as follows (fill in the brackets 
with the appropriate capacity and the energy cost figures):
    Your costs will depend on your utility rates and use.
    Cost range based only on [compact/standard] capacity models.
    Estimated energy cost is based on four wash loads a week, and a 
national average electricity cost of [__] cents per kWh and natural gas 
cost of $[__] per therm.
    For more information, visit www.ftc.gov/energy.
    (10) The following statement shall appear on each label as 
illustrated in the prototype and sample labels in appendix L to this 
part:
    Federal law prohibits removal of this label before consumer 
purchase.
    (b) Additional information. No marks or information other than that 
specified in this part shall appear on or directly adjoining this label 
except that:
    (1) 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 12-point type or smaller.
    (2) The energy use disclosure labels required by the governments of 
Canada or Mexico may appear directly adjoining this label, as desired 
by the manufacturer.
    (3) 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
18. Add new Sec.  305.17 to read as follows:


Sec.  305.17   Label content for water heaters.

    (a) Label content. (1) Headlines and texts, as illustrated in the 
prototype and sample labels in appendix L to this part, are standard 
for all labels.
    (2) Name of manufacturer or private labeler shall, in the case of a 
corporation, be deemed to be satisfied only by the actual corporate 
name, which may be preceded or followed by the name of the particular 
division of the corporation. In the case of an individual, partnership, 
or association, the name under which the business is conducted shall be 
used. Inclusion of the name of the manufacturer or private labeler is 
optional at the discretion of the manufacturer or private labeler.
    (3) Model number(s) will be the designation given by the 
manufacturer or private labeler.
    (4) Capacity or size is that determined in accordance with this 
part. Capacity for storage water heaters shall be presented in both 
rated storage volume (``tank size (storage capacity)'') and first hour 
rating as indicated on the sample label in appendix L to this part.
    (5) Estimated annual operating costs are as determined in 
accordance with this part.
    (6) Unless otherwise indicated in this paragraph, ranges of 
comparability for estimated annual operating costs are found in the 
appropriate appendices accompanying this part.
    (7) Placement of the labeled product on the scale shall be 
proportionate to the lowest and highest estimated annual operating 
costs.
    (8) Labels must contain the model's estimated annual energy 
consumption as determined in accordance with this part and as indicated 
on the sample labels in appendix L to this part.
    (9) Labels must contain a statement as illustrated in the prototype 
labels in appendix L to this part and specified as follows by product 
type:
    (i) For water heaters covered by appendices D1, D2, and D3 to this 
part, the statement will read as follows (fill in the blanks with the 
appropriate fuel type, and energy cost figures):
    Your costs will depend on your utility rates and use.
    Cost range based only on models fueled by [natural gas, oil, 
propane, or electricity] with a [very small, low, medium, or high] 
first hour rating [fewer than 18 gallons, 18-50.9 gallons, 51-74.9 
gallons, or greater than 75 gallons].
    Estimated energy cost is based on a national average [electricity, 
natural gas, propane, or oil] cost of [__ cents per kWh or $__ per 
therm or gallon].
    Estimated yearly energy use: __ [kWh or therms].
    ftc.gov/energy.
    (ii) For instantaneous water heaters, the statement will read as 
follows (fill in the blanks with the appropriate model type, and the 
energy cost figures):
    Your costs will depend on your utility rates and use.
    Cost range based only on [electric models or models fueled by 
natural gas] with a [very small, low, medium, or high] gallons per 
minute rating [0 to 1.6, 1.7 to 2.7, 2.8 to 4.0, or greater than 4.0].
    Estimated energy cost is based on a national average [electricity, 
natural gas, or propane] cost of [__ cents per kWh or $__ per therm or 
gallon].
    Estimated yearly energy use: __ [kWh or therms].
    ftc.gov/energy.
    (10) The following statement shall appear on each label as 
illustrated in the prototype and sample labels in appendix L:
    Federal law prohibits removal of this label before consumer 
purchase.
    (b) Additional information. No marks or information other than that 
specified

[[Page 58036]]

in this part shall appear on or directly adjoining this label except 
that:
    (1) 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 12-point type or smaller.
    (2) The energy use disclosure labels required by the governments of 
Canada or Mexico may appear directly adjoining this label, as desired 
by the manufacturer.
    (3) 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
19. Add Sec.  305.18 to read as follows:


Sec.  305.18   Label content for room air conditioners.

    (a) Label content. (1) Headlines and texts, as illustrated in the 
prototype and sample labels in appendix L to this part, are standard 
for all labels.
    (2) Name of manufacturer or private labeler shall, in the case of a 
corporation, be deemed to be satisfied only by the actual corporate 
name, which may be preceded or followed by the name of the particular 
division of the corporation. In the case of an individual, partnership, 
or association, the name under which the business is conducted shall be 
used. Inclusion of the name of the manufacturer or private labeler is 
optional at the discretion of the manufacturer or private labeler.
    (3) Model number(s) will be the designation given by the 
manufacturer or private labeler.
    (4) Capacity or size is that determined in accordance with this 
part.
    (5) Estimated annual operating costs are as determined in 
accordance with this part.
    (6) Unless otherwise indicated in this paragraph, ranges of 
comparability for estimated annual operating costs are found in the 
appropriate appendices accompanying this part.
    (7) Placement of the labeled product on the scale shall be 
proportionate to the lowest and highest estimated annual operating 
costs.
    (8) Labels must contain the model's estimated annual energy 
consumption as determined in accordance with this part and as indicated 
on the sample labels in appendix L. Labels must contain the model's 
energy efficiency rating, as applicable, as determined in accordance 
with this part and as indicated on the sample labels in appendix L to 
this part.
    (9) Labels must contain a statement as illustrated in the prototype 
labels in appendix L and specified as follows (fill in the blanks with 
the appropriate model type, year, energy type, and energy cost figure):
    Your costs will depend on your utility rates and use.
    Cost range based only on models [of similar capacity without 
reverse cycle and with louvered sides; of similar capacity without 
reverse cycle and without louvered sides; with reverse cycle and with 
louvered sides; or with reverse cycle and without louvered sides].
    Estimated annual energy cost is based on a national average 
electricity cost of __ cents per kWh and a seasonal use of 8 hours use 
per day over a 3 month period.
    For more information, visit www.ftc.gov/energy.
    (10) The following statement shall appear on each label as 
illustrated in the prototype and sample labels in appendix L:
    Federal law prohibits removal of this label before consumer 
purchase.
    (b) Additional information. No marks or information other than that 
specified in this part shall appear on or directly adjoining this label 
except that:
    (1) 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 12-point type or smaller.
    (2) The energy use disclosure labels required by the governments of 
Canada or Mexico may appear directly adjoining this label, as desired 
by the manufacturer.
    (3) 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
20. Add new Sec.  305.19 to read as follows:


Sec.  305.19   Label content for pool heaters.

    (a) Label content. (1) Headlines and texts, as illustrated in the 
prototype and sample labels in appendix L to this part, are standard 
for all labels.
    (2) Name of manufacturer or private labeler shall, in the case of a 
corporation, be deemed to be satisfied only by the actual corporate 
name, which may be preceded or followed by the name of the particular 
division of the corporation. In the case of an individual, partnership, 
or association, the name under which the business is conducted shall be 
used. Inclusion of the name of the manufacturer or private labeler is 
optional at the discretion of the manufacturer or private labeler.
    (3) Model number(s) will be the designation given by the 
manufacturer or private labeler.
    (4) Capacity or size is that determined in accordance with this 
part.
    (5) Thermal efficiencies are as determined in accordance with this 
part.
    (6) Unless otherwise indicated in this paragraph, ranges of 
comparability for thermal efficiencies are found in the appropriate 
appendices accompanying this part.
    (7) Placement of the labeled product on the scale shall be 
proportionate to the lowest and highest thermal efficiencies.
    (8) Labels must contain the model's energy efficiency rating or 
thermal efficiency, as applicable, as determined in accordance with 
this part and as indicated on the sample labels in appendix L to this 
part.
    (9) Labels must contain a statement as illustrated in the prototype 
labels in appendix L and specified as follows:
    Efficiency range based only on models fueled by [natural gas or 
oil].
    For more information, visit www.ftc.gov/energy.
    (10) The following statement shall appear on each label as 
illustrated in the prototype and sample labels in appendix L to this 
part:
    Federal law prohibits removal of this label before consumer 
purchase.
    (b) Additional information. No marks or information other than that 
specified in this part shall appear on or directly adjoining this label 
except that:
    (1) 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 12-point type or smaller.
    (2) The energy use disclosure labels required by the governments of 
Canada

[[Page 58037]]

or Mexico may appear directly adjoining this label, as desired by the 
manufacturer.
    (3) 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.


Sec.  305.20   [Amended]

0
21. In newly redesignated Sec.  305.20:
0
a. Remove the reference ``Sec.  305.5'' and add in its place ``this 
part'' in paragraph (f)(5);
0
b. Remove ``6-point'' and add in its place ``12-point'' in paragraph 
(f)(10)(i);
0
c. Remove the reference ``Sec.  305.5'' and add in its place ``this 
part'' in two occurrences in paragraph (g)(5);
0
d. Remove ``7A'' and add in its place ``7'' in paragraph (g)(6)(i); and
0
e. Remove ``6-point'' and add in its place ``12-point'' in paragraph 
(g)(15)(i).


Sec.  305.21  [Amended]

0
22. In newly redesignated Sec.  305.21, remove the references to 
``Sec.  305.5'' and add in their place the reference ``Sec.  305.8'' in 
paragraphs (a)(1)(iii) and (iv).


Sec.  305.23   [Amended]

0
23. In newly redesignated Sec.  305.23:
0
a. Remove the reference ``Sec.  305.2(n)'' and add in its place ``this 
part'' in paragraph (a)(1);
0
b. Remove the reference ``Sec.  305.2(w)'' and add in its place ``this 
part'' in paragraph (b)(3)(iii);
0
c. Remove the reference ``Sec.  305.2(hh)'' and add in its place ``this 
part'' in paragraph (b)(3)(v); and
0
d. Remove the reference ``Sec.  305.2(w)'' and add in its place ``this 
part'' in paragraph (c)(2)(i)(C).


Sec.  305.24   [Amended]

0
24. Amend newly redesignated Sec.  305.24 by removing paragraphs (b)(4) 
and (5).


Sec.  305.25   [Amended]

0
25. In newly redesignated Sec.  305.25, in the locations cited in the 
``Paragraph'' column, remove the reference indicated in the ``Remove'' 
column, and add in its place the reference indicated in the ``Add'' 
column.

------------------------------------------------------------------------
          Paragraph                  Remove                  Add
------------------------------------------------------------------------
(d)(3)......................  Sec.   305.11(d)(2).  Sec.   305.13(e)(2).
(f)(4)......................  Sec.   305.5 of this  this part.
                               part.
(f)(7)......................  Sec.   305.5........  this part.
(g).........................  Sec.   305.6........  Sec.   305.9.
------------------------------------------------------------------------

Sec.  305.26   [Amended]

0
26. In newly redesignated Sec.  305.26:
0
a. Remove the reference ``305.11(f)'' and add in its place ``this 
part'' in paragraph (a)(4); and
0
b. Remove the reference ``305.4(e)'' and add in its place ``Sec.  
305.7(e)'' in paragraph (b)(4);


Sec.  305.27   [Amended]

0
27. In newly redesignated Sec.  305.27, in the locations cited in the 
``Paragraph'' column, remove the reference indicated in the ``Remove'' 
column, and add in its place the reference indicated in the ``Add'' 
column.

------------------------------------------------------------------------
          Paragraph                  Remove                  Add
------------------------------------------------------------------------
(b)(1)(i)(F) and (G)........  Sec.   305.5........  this part.
(b)(1)(i)(A) and (B)........  Sec.   305.5 and      this part.
                               appendix K of this
                               Part.
(b)(1)(i)(C)................  Sec.   305.5 and      this part.
                               appendix K.
(b)(1)(i)(A)-(C) and (G)....  Sec.   305.7........  this part
(b)(1)(i)(E)................  Sec.   305.13.......  Sec.   305.21.
(b)(1)(i)(D)................  Sec.   305.15.......  Sec.   305.23.
(b)(1)(i)(D)................  Sec.                  Sec.
                               305.15(b)(3)(iv).     305.23(b)(3)(iv).
(b)(1)(i)(D)................  Sec.   305.15(d)(1).  Sec.   305.23(g)(1).
(a)(1)(ii)(A)...............  Sec.   305.16.......  this part.
(b)(1)(ii)..................  Sec.                  Sec.
                               305.20(a)(1)(ii).     305.27(a)(1)(ii).
(b)(2)......................  Sec.                  Sec.
                               305.20(b)(1)(i) and   305.27(b)(1)(i) and
                               (ii).                 (ii).
------------------------------------------------------------------------

Sec.  305.29   [Amended]

0
28. In newly redesignated Sec.  305.29, remove the reference to ``Sec.  
305.21(b)'' and add in its place the reference ``Sec.  305.28(b)''.

0
29. Revise the heading for appendix A4 to part 305 to read as follows:

Appendix A4 to Part 305--Refrigerator-Freezers With Automatic Defrost 
With Top-Mounted Freezer No Through-the-Door Ice

* * * * *

0
30. Revise the heading for appendix A5 to part 305 to read as follows:

Appendix A5 to Part 305--Refrigerator-Freezers With Automated Defrost 
With Side-Mounted Freezer No Through-the-Door Ice

* * * * *

0
31. Revise the heading for appendix A6 to part 305 to read as follows:

Appendix A6 to Part 305--Refrigerator-Freezers With Automated Defrost 
With Bottom-Mounted Freezer No Through-the-Door Ice

* * * * *
* * * * *

Appendix K1 to Part 305 [Amended]

0
32. In appendix K1, remove ``Sec. Sec.  305.11 and 305.20'' and add in 
its place ``Sec. Sec.  305.14, 305.15, 305.17, and 305.27''.

[[Page 58038]]

Appendix K2 to Part 305 [Amended]

0
33. In appendix K2, remove ``Sec. Sec.  305.11 and 305.20'' and add in 
its place ``Sec. Sec.  305.16, 305.18 and 305.27''.

0
34. In appendix L, revise Prototype Labels 1, 2, 6, and 7 and Sample 
Labels 1, 2, 3, 13C, and 13D to read as follows:
BILLING CODE 6750-01-P

Appendix L to Part 305--Sample Labels
[GRAPHIC] [TIFF OMITTED] TR30OC19.003

* * * * *

[[Page 58039]]

[GRAPHIC] [TIFF OMITTED] TR30OC19.004


[[Page 58040]]


[GRAPHIC] [TIFF OMITTED] TR30OC19.005

* * * * *

[[Page 58041]]

[GRAPHIC] [TIFF OMITTED] TR30OC19.006


[[Page 58042]]


[GRAPHIC] [TIFF OMITTED] TR30OC19.007


[[Page 58043]]


[GRAPHIC] [TIFF OMITTED] TR30OC19.008

* * * * *

[[Page 58044]]

[GRAPHIC] [TIFF OMITTED] TR30OC19.009


[[Page 58045]]


[GRAPHIC] [TIFF OMITTED] TR30OC19.010

* * * * *

    By direction of the Commission.
April J. Tabor,
Acting Secretary.
[FR Doc. 2019-23505 Filed 10-29-19; 8:45 am]
BILLING CODE 6750-01-C

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.