[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Rules and Regulations]
[Pages 77868-77884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30135]


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FEDERAL TRADE COMMISSION

16 CFR Part 305

[3084-AB15]


Energy and Water Use Labeling for Consumer Products Under the 
Energy Policy and Conservation Act (Energy Labeling Rule)

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

ACTION: Final rule.

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SUMMARY: Consistent with proposed amendments published in a June 18, 
2014 Supplemental Notice of Proposed Rulemaking (SNPRM), the Commission 
updates its label requirements for heating and cooling equipment and 
removes information from furnace labels about regional conservation 
standards.

DATES: The amendments published in this document will become effective 
on April 6, 2015.

ADDRESSES: Relevant portions of the proceeding, including this 
document, are available at the Commission's Web site, www.ftc.gov.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326-2889, 
Attorney, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, 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. 
When first published, the Rule applied to eight categories: 
Refrigerators, refrigerator-freezers, freezers, dishwashers, water 
heaters, clothes washers, room air conditioners, and furnaces. The 
Commission subsequently expanded the Rule's coverage to include central 
air conditioners, heat pumps, plumbing products, lighting products, 
ceiling fans, and televisions. The Commission is separately reviewing 
the entire Rule.\3\
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    \1\ 44 FR 66466 (Nov. 19, 1979) (Rule's initial promulgation).
    \2\ 42 U.S.C. 6294. EPCA also requires the Department of Energy 
(DOE) to develop test procedures that measure how much energy 
appliances use, and to determine the representative average cost a 
consumer pays for different types of energy.
    \3\ 77 FR 15298 (Mar. 15, 2012) (initiation of regulatory 
review). The Commission currently has another open proceeding 
related to light bulb coverage. See 76 FR 45715 (Aug. 1, 2011) 
(proposed expanded light bulb coverage).
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    The Rule requires manufacturers to attach yellow EnergyGuide labels 
for many of the covered products and prohibits retailers from removing 
the labels or rendering them illegible. In addition, the Rule directs 
sellers, including retailers, to post label information on Web sites 
and in paper catalogs from which consumers can order products. 
EnergyGuide labels for covered products contain three key disclosures: 
Estimated annual energy cost (for most products); a product's energy 
consumption or energy efficiency rating as determined from Department 
of Energy (DOE) test procedures; and a comparability range displaying 
the highest and lowest energy costs or efficiency ratings for all 
similar models. For energy cost calculations, the Rule specifies 
national average costs for applicable energy sources (e.g., 
electricity, natural gas, oil) as calculated by DOE. Under the Rule, 
the Commission periodically updates comparability range and annual 
energy cost information.\4\ The Commission updates the range 
information based on manufacturer data submitted pursuant to the Rule's 
reporting requirements.
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    \4\ 16 CFR 305.10.
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II. Updates to Heating and Cooling Labels

    Summary: The Commission amends its label requirements for heating 
and cooling equipment consistent with proposed amendments in a 
Supplemental Notice of Proposed Rulemaking (SNPRM) published on June 
18, 2014 (79 FR 34642). As detailed below, these amendments update 
labels for furnaces and boilers, including range information, remove 
information on furnace labels about regional standards, and remove 
mandatory capacity disclosures for all heating and cooling 
equipment.\5\ The Commission will address other matters discussed in 
the June 18, 2014 SNPRM in a future notice.\6\
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    \5\ The amendments also make a non-substantive correction to 
section 305.7(a) and (b), which references DOE procedures for 
measuring refrigerator and freezer capacity. The Association of Home 
Appliance Manufactures identified this issue in their recent comment 
(#569-00014). In Appendix L, the amendments also update the 
refrigerator-freezer and clothes washer prototype labels and 
reinsert the current sample ceiling fan label, which was 
inadvertently removed by recent amendments.
    \6\ In response to the SNPRM, the Commission received 17 
comments from organizations and individuals. Six of these addressed 
the heating and cooling issues discussed in this document. See 
http://www.ftc.gov/policy/public-comments/initiative-569. The 
comments addressing issues discussed in this Notice include: 
American Public Gas Association (APGA) (#569-00012), American Gas 
Association (AGA) (#569-00013), Air-Conditioning, Heating, and 
Refrigeration Institute (AHRI) (#569-00016), Earthjustice (on behalf 
of several energy efficiency groups) (#569-00017), Goodman Global, 
Inc., (#569-00008), Laclede Gas (#569-00011), and Nicholas (#569-
0003).
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    Background: The Commission issued revised heating and cooling 
equipment labels in 2013 to provide installers and consumers with 
information about new regional standards issued by DOE for some of 
those products.\7\ The new FTC labels for split-system and single-
package central air conditioners, gas furnaces, and non-weatherized 
mobile home furnaces included information about compliance with the 
regional standards in the form of statements and maps illustrating 
regions where specific models can be installed under the DOE rules. The 
new labels also included a Web site link, model number, and capacity 
information for all furnaces and central air conditioners (regardless 
of whether subject to regional or uniform national standards) to help 
consumers access DOE-generated cost information online.\8\
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    \7\ 78 FR 8362 (Feb. 6, 2013).
    \8\ 78 FR at 8365.
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    However, following issuance of the new FTC requirements, a legal 
settlement vacated the DOE regional furnace standards.\9\ Because the 
Commission tied implementation for the new labels (including labels for 
products subject to uniform national standards) to the DOE regional 
standards dates, the settlement had the effect of postponing 
indefinitely the FTC label updates for most gas furnaces, oil furnaces, 
boilers, and electric furnaces.\10\
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    \9\ American Public Gas Ass'n v. DOE, No. 11-1485 (D.C. Cir. 
filed Dec. 23, 2011) (DE.#1433580, May 1, 2013) and (DE.# 1489805, 
Apr. 24, 2014).
    \10\ The settlement did not affect DOE regional standards (or 
FTC labels) for split system and single package central air 
conditioners scheduled to become effective on January 1, 2015. As 
part of the settlement, DOE agreed to issue a policy statement 
establishing an 18-month enforcement grace period for any air 
conditioner units manufactured before January 1, 2015.

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[[Page 77869]]

    In the wake of the settlement, DOE is not likely to issue revised 
regional furnace standards in the immediate future. Given these 
circumstances, the Commission, in its June 18, 2014 SNPRM, proposed to 
address the need for current information by updating the energy use 
ranges for boilers and oil-furnace labels and ranges. Furthermore, the 
Commission proposed to update the labels and ranges for all furnaces 
and omit the obsolete regional standards information for those 
products.\11\ Consistent with the new labels required by the February 
6, 2013 amendments, the proposed label would include a prominent link 
to an online energy cost calculator provided by the DOE Web site 
(productinfo.energy.gov). This calculator will provide a clear, 
understandable tool to allow consumers to compare energy costs of 
different models.\12\ To coincide with new efficiency standards for gas 
furnaces, the Commission proposed making the revised gas furnace labels 
effective on January 1, 2015.\13\
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    \11\ These amendments do not alter the January 1, 2015 
compliance date for central air conditioners established in the 
February 6, 2013 notice. 78 FR 8362.
    \12\ 78 FR at 8365.
    \13\ The SNPRM also proposed a November 1, 2014 effective date 
for boilers and oil furnace labels.
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    The Commission also proposed eliminating capacity disclosures on 
EnergyGuide labels for heating and cooling equipment, but maintaining 
model numbers. Prior to the February 6, 2013 amendments, the 
EnergyGuide labels for furnaces and central air conditioners did not 
require capacity disclosures. In 2013, the Commission added a capacity 
disclosure to help consumers access cost information posted on the DOE 
Web site. In the SNPRM (79 FR at 34652-34653), the Commission proposed 
eliminating this new requirement because the capacity for split-system 
air conditioners varies depending on the condenser-coil combination. 
Therefore, a capacity disclosure requirement could raise implementation 
problems and mislead consumers for some products. Under the proposal, 
consumers could use model numbers to access specific cost and capacity 
information for various products, including condenser-coil 
combinations, through the DOE Web site.
    Comments: Many comments supported the elimination of information 
about the vacated DOE regional standards from the label.\14\ No 
comments opposed this proposal.\15\
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    \14\ See e.g., AHRI, Goodman, and APGA. AHRI recommended that 
the Commission consolidate the effective dates for the revised 
furnace and boiler labels to January 1, 2015 to simplify compliance.
    \15\ Some commenters raised broader issues related to heating 
and cooling equipment not addressed in this Notice because they may 
require a specific proposal and additional public comment. For 
example, AHRI recommended that the Commission create new labels for 
packaged rooftop systems, a combination of a gas furnace product and 
air conditioner or heat pump. In addition, several commenters (e.g., 
AGA and AGPA) raised questions about label disclosures related to 
full fuel cycle issues. The Commission will address these matters in 
the future.
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    The comments provided differing views on the Commission's proposal 
to eliminate capacity disclosures for heating and cooling products. 
AHRI, which filed comments (#563707-00010) on the issue earlier in the 
proceeding, and Goodman agreed with the proposal. AHRI explained that 
the EnergyGuide label only appears on a split-system air conditioner's 
condensing unit. Because manufacturers cannot predict which coil will 
be paired with a particular condenser, they cannot predict the system's 
capacity rating. In lieu of capacity ratings, AHRI suggested that the 
FTC allow manufacturers to print basic model numbers on their 
EnergyGuide labels, which consumers can use to access the capacity 
information on DOE's database.\16\
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    \16\ One commenter, Nicholas (#569-003), recommended that the 
Commission require heating and cooling equipment labels to display 
the AHRI Certification number for the part. The commenter explained 
that such information would aid consumers in determining the 
efficiency rating of the installed equipment. The Commission does 
not propose to add such information because the label already 
contains the model number, which can be used to locate system 
efficiency through the DOE Compliance Certification Management 
System or AHRI's online database.
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    In contrast, several efficiency groups urged the Commission to 
retain the model capacity disclosure. The groups, which understood the 
proposed change to be limited to split-system air conditioners, argued 
that retaining the disclosure would be more informative and more 
consistent with disclosures for other products, such as oil furnaces. 
They urged consideration of a range of capacities for split-system 
units. The groups also noted that the DOE Web site link on the FTC 
label is not yet operable and explained that DOE does not collect 
heating capacity information for split-system heat pumps. The groups 
urged the FTC to ensure that the DOE Web site is updated 
appropriately.\17\
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    \17\ See Earthjustice (#569-00017).
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    Finally, several comments from natural gas industry groups urged 
the Commission to prohibit the ENERGY STAR logo on certain 
furnaces.\18\ Since 2012, furnace models rated between a 90 and a 95 
annual fuel utilization efficiency (AFUE) qualify for the ENERGY STAR 
program when installed in southern states.\19\ The ENERGY STAR logo for 
these models contains a map denoting those states accompanied by the 
ENERGY STAR symbol and the words ``qualified only in.'' The commenters 
argued that this ENERGY STAR logo incorrectly implies a regional 
minimum efficiency standard exists for furnaces and thus will lead to 
consumer confusion. Therefore, APGA suggested that labels bearing the 
ENERGY STAR logo contain the following disclosure: ``This furnace 
qualifies for the Department of Energy (DOE) and Environmental 
Protections Agency's (EPA) volunteer ENERGY STAR program.'' AGA, on the 
other hand, urged the Commission simply to prohibit the ENERGY STAR 
logo on furnace labels. It also questioned whether the Commission has 
authority to allow the ENERGY STAR logo on EnergyGuide labels.
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    \18\ See APGA (#569-00012), AGA (#569-00013), and Laclede Gas 
(#569-00011).
    \19\ See ENERGY STAR Program Requirements for Furnaces--Test 
Method (Rev. Jun-2011) (http://www.energystar.gov/sites/default/files/specs/private/Furnaces_Version_3.0_Program_Requirements.pdf).
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    Discussion: Consistent with its proposal in the SNPRM, the 
Commission updates furnace and boiler labels to include new range 
information,\20\ provide the link to the DOE Web site for cost 
information, and eliminate the capacity disclosure requirement.\21\ In 
the absence of regional furnace standards following the DOE Settlement, 
the amendments eliminate any disclosures related to regional standards 
for such products. If DOE issues revised regional standards in the 
future, the Commission will revisit whether and how to require label 
disclosures relating to regional standards. To ensure industry members 
have adequate time to implement these

[[Page 77870]]

changes, the effective date for these amendments is April 6, 2015.
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    \20\ The new furnace ranges included in this Notice apply to 
non-weatherized furnaces. The Commission issued updated ranges for 
weatherized furnaces on August 12, 2014. See 79 FR 46985.
    \21\ The amendments also update the split-system central air 
conditioner sample label in Appendix L to indicate that U.S. 
territories are not part of the ``Southeast'' region for the 
purposes DOE's regional standards regulations. See 10 CFR 430.32. In 
addition, consistent with the requirements published in 2013 for 
both furnaces and central air conditioners (78 FR 8362, 8374 (Feb. 
6, 2013)), the final rule (305.12(f)(2)) requires the name of the 
manufacturer or private labeler on the furnace label. The SNPRM 
contained obsolete language for manufacturer and private labeler 
names on furnace labels.
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    The amendments no longer require capacity disclosures for heating 
and cooling equipment labels. Instead, the amendments make capacity 
disclosures optional for all such equipment except for split-system air 
conditioners, whose labels may not contain capacity disclosures. The 
Commission issues these amendments for the following reasons. First, as 
noted in the SNPRM, the installed capacity of split-system air 
conditioners varies depending on the condenser-coil combination. 
Accordingly, a capacity requirement for those products is difficult to 
implement and could mislead or confuse consumers, even if a range of 
capacity is disclosed.\22\ Second, although the Commission initially 
explained that consumers need capacity information on the label to 
access cost information on the DOE Web site (78 FR at 8365), the 
Commission has since learned that the full model number of the 
installed system is adequate for all heating and cooling equipment. 
Finally, the absence of a capacity disclosure is unlikely to have a 
significant impact for typical consumers. Installation professionals 
use capacity numbers (expressed in Btu/h) to ensure a particular model 
is suitable for a consumer's home. Consumers seeking capacity 
information for a particular model can obtain it from their installer 
contractor or from the DOE Web site.\23\ However, since some 
manufacturers may want to retain capacity information on their labels 
or may not desire to change recently updated labels to remove this 
information, the final rule makes the capacity disclosures optional for 
all models except split-systems, where such disclosures may cause 
confusion.
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    \22\ Because the rated efficiency of oil furnaces can depend on 
the input capacity set by the installer the Rule (section 305.12) 
allows manufacturers to provide a chart of different efficiency 
ratings associated with different input capacities that may be used 
by installers. However, unlike split-system air conditioners, the 
number of possible combinations and associated ratings is limited 
and can easily appear on the label. The final rule retains the 
optional capacity chart for oil furnace labels.
    \23\ The FTC staff will work with DOE to ensure the online cost 
calculator is operational before the new labels go into effect in 
2015 and that capacity information collected by DOE is adequate for 
consumers and installers.
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    The final rule does not prohibit the ENERGY STAR logo on the 
EnergyGuide label for furnaces.\24\ The Commission has permitted the 
ENERGY STAR logo on EnergyGuide labels since April 3, 2000 (65 FR 
17554). As the Commission explained, the combination of the 
EnergyGuide's detailed efficiency rating disclosure and the ENERGY STAR 
logo provides a robust source of energy efficiency information to 
consumers. Without clear evidence indicating the logo suggests the 
existence of a regional standard to consumers, the Commission does not 
propose eliminating or qualifying this important information. In 
addition, installers can remedy any confusion that may stem from the 
ENERGY STAR logo during their discussions with customers, which 
typically occur as part of the sale of this type of equipment. Finally, 
the logo is optional under the Rule. If manufacturers believe it 
creates confusion for consumers examining the label, they may choose 
not to include it.
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    \24\ The requirements regarding ENERGY STAR information on 
labels are consistent with EPCA, which specifically authorizes the 
Commission to include any information on the label related to energy 
consumption that would assist consumers in making purchasing 
decisions and in using the product. 42 U.S.C. 6294(c)(5).
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III. Paperwork Reduction Act

    The current Rule contains recordkeeping, disclosure, testing, and 
reporting requirements that constitute information collection 
requirements as defined by 5 CFR 1320.3(c), the definitional provision 
within the Office of Management and Budget (OMB) regulations that 
implement the Paperwork Reduction Act (PRA). OMB has approved the 
Rule's existing information collection requirements through May 31, 
2017 (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. Regulatory Flexibility Act

    The provisions of the Regulatory Flexibility Act relating to a 
Regulatory Flexibility Act analysis (5 U.S.C. 603-604) are not 
applicable to this proceeding because the amendments do not impose any 
new obligations on entities regulated by the Energy Labeling Rule. As 
explained in detail elsewhere in this document, the amendments do not 
significantly change the substance or frequency of the recordkeeping, 
disclosure, or reporting requirements. Thus, the amendments will not 
have a ``significant economic impact on a substantial number of small 
entities.'' 5 U.S.C. 605. The Commission has concluded, therefore, that 
a regulatory flexibility analysis is not necessary, and certifies, 
under Section 605 of the Regulatory Flexibility Act (5 U.S.C. 605(b)), 
that the amendments announced today will not have a significant 
economic impact on a substantial number of small entities.

List of Subjects in 16 CFR Part 305

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

    For the reasons set out above, the Commission amends 16 CFR part 
305 as follows:

PART 305--ENERGY AND WATER USE LABELING FOR CONSUMER PRODUCTS UNDER 
THE ENERGY POLICY AND CONSERVATION ACT (ENERGY LABELING RULE)

0
1. The authority citation for Part 305 continues to read as follows:

    Authority:  42 U.S.C. 6294.


0
2. In Sec.  305.7, amend paragraphs (a) and (b) to read as follows:


Sec.  305.7  Determinations of capacity.

* * * * *
    (a) Refrigerators and refrigerator-freezers. The capacity shall be 
the total refrigerated volume (VT) and the adjusted total volume (AV) 
in cubic feet, rounded to the nearest one-tenth of a cubic foot, as 
determined according to appendix A to 10 CFR part 430, subpart B.
    (b) Freezers. The capacity shall be the total refrigerated volume 
(VT) and the adjusted total volume (AV) in cubic feet, rounded to the 
nearest one-tenth of a cubic foot, as determined according to appendix 
B to 10 CFR part 430, subpart B.
* * * * *

0
3. Amend Sec.  305.12, to revise paragraph (f) to read as follows, 
remove paragraphs (g) and (h), redesignate paragraph (i) as paragraph 
(g), and revise newly redesignated paragraph (g) to read as follows:


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

* * * * *
    (f) Content of furnace labels: Content of labels for non-
weatherized furnaces, weatherized furnaces, mobile home furnaces, 
electric furnaces, and boilers.
    (1) Headlines and texts, as illustrated in the prototype and sample 
labels in appendix L to this part.
    (2) Name of manufacturer or private labeler shall, in the case of a 
corporation, be deemed to be satisfied only by the actual corporate 
name, which may be preceded or followed by the name of the particular 
division of the corporation. In the case of an individual, partnership, 
or association, the name under which the business is conducted shall be 
used.
    (3) The model's basic model number.

[[Page 77871]]

    (4) The model's capacity. Inclusion of capacity is optional at the 
discretion of the manufacturer or private labeler.
    (5) The annual fuel utilization efficiency (AFUE) for furnace 
models as determined in accordance with Sec.  305.5.
    (6) Ranges of comparability consisting of the lowest and highest 
annual fuel utilization efficiency (AFUE) ratings for all furnaces of 
the model's type consistent with the sample labels in appendix L.
    (7) Placement of the labeled product on the scale shall be 
proportionate to the lowest and highest annual fuel utilization 
efficiency ratings forming the scale.
    (8) The following statement shall appear in bold print on furnace 
labels adjacent to the range(s) as illustrated in the sample labels in 
appendix L:

For energy cost info, visit productinfo.energy.gov.

    (9) The following statement shall appear at the top of the label as 
illustrated in the sample labels in appendix L to this part:

Federal law prohibits removal of this label before consumer purchase.

    (10) No marks or information other than that specified in this part 
shall appear on or directly adjoining this label except that:
    (i) A part or publication number identification may be included on 
this label, as desired by the manufacturer. If a manufacturer elects to 
use a part or publication number, it must appear in the lower right-
hand corner of the label and be set in 6-point type or smaller.
    (ii) The energy use disclosure labels required by the governments 
of Canada or Mexico may appear directly adjoining this label, as 
desired by the manufacturer.
    (iii) The manufacturer may include the ENERGY STAR logo on the 
label for certified products in a location consistent with the sample 
labels in appendix L to this part. The logo must be no larger than 1 
inch by 3 inches in size. Only manufacturers that have signed a 
Memorandum of Understanding with the Department of Energy or the 
Environmental Protection Agency may add the ENERGY STAR logo to labels 
on qualifying covered products; such manufacturers may add the ENERGY 
STAR logo to labels only on those covered products that are 
contemplated by the Memorandum of Understanding.
    (11) Manufacturers of boilers shipped with more than one input 
nozzle to be installed in the field must label such boilers with the 
AFUE of the system when it is set up with the nozzle that results in 
the lowest AFUE rating.
    (12) Manufacturers that ship out boilers that may be set up as 
either steam or hot water units must label the boilers with the AFUE 
rating derived by conducting the required test on the boiler as a hot 
water unit.
    (13) Manufacturers of oil furnaces must label their products with 
the AFUE rating associated with the furnace's input capacity set by the 
manufacturer at shipment. The oil furnace label may also contain a 
chart, as illustrated in sample label 9B in appendix L to this part, 
indicating the efficiency rating at up to three additional input 
capacities offered by the manufacturer. Consistent with paragraph 
(f)(10)(iii) of this section, labels for oil furnaces may include the 
ENERGY STAR logo only if the model qualifies for that program on all 
input capacities displayed on the label.
    (g) Content of central air conditioner labels: Content of labels 
for central air conditioners and heat pumps.
    (1) Headlines and texts, as illustrated in the prototype and sample 
labels in appendix L to this part.
    (2) Name of manufacturer or private labeler shall, in the case of a 
corporation, be deemed to be satisfied only by the actual corporate 
name, which may be preceded or followed by the name of the particular 
division of the corporation. In the case of an individual, partnership, 
or association, the name under which the business is conducted shall be 
used.
    (3) The model's basic model number.
    (4) The model's capacity. Inclusion of capacity is optional at the 
discretion of the manufacturer or private labeler for all models except 
split-system labels, which may not disclose capacity.
    (5) The seasonal energy efficiency ratio (SEER) for the cooling 
function of central air conditioners as determined in accordance with 
Sec.  305.5. For the heating function, the heating seasonal performance 
factor (HSPF) shall be calculated for heating Region IV for the 
standardized design heating requirement nearest the capacity measured 
in the High Temperature Test in accordance with Sec.  305.5. In 
addition, as illustrated in the sample labels 7 and 8 in appendix L to 
this part, the ratings for any split-system condenser-evaporator coil 
combinations shall include the low and high ratings of all condenser-
evaporator coil combinations certified to the Department of Energy 
pursuant to 10 CFR part 430.
    (6)(i) Each cooling-only central air conditioner label shall 
contain a range of comparability consisting of the lowest and highest 
SEER for all cooling only central air conditioners consistent with 
sample label 7A in appendix L to this part.
    (ii) Each heat pump label, except as noted in paragraph (g)(6)(iii) 
of this section, shall contain two ranges of comparability. The first 
range shall consist of the lowest and highest seasonal energy 
efficiency ratios for the cooling side of all heat pumps consistent 
with sample label 8 in appendix L to this part. The second range shall 
consist of the lowest and highest heating seasonal performance factors 
for the heating side of all heat pumps consistent with sample label 8 
in appendix L to this part.
    (iii) Each heating-only heat pump label shall contain a range of 
comparability consisting of the lowest and highest heating seasonal 
performance factors for all heating-only heat pumps following the 
format of sample label 8 in appendix L to this part.
    (7) Placement of the labeled product on the scale shall be 
proportionate to the lowest and highest efficiency ratings forming the 
scale.
    (8) The following statement shall appear on the label in bold print 
as indicated in the sample labels in appendix L to this part.

For energy cost info, visit productinfo.energy.gov.

    (9) All labels on split-system condenser units must contain one of 
the following three statements:
    (i) For labels disclosing only the seasonal energy efficiency ratio 
for cooling, the statement should read:

This system's efficiency rating depends on the coil your contractor 
installs with this unit. Ask for details.

    (ii) For labels disclosing both the seasonal energy efficiency 
ratio for cooling and the heating seasonal performance factor for 
heating, the statement should read:

This system's efficiency ratings depend on the coil your contractor 
installs with this unit. The heating efficiency rating will vary 
slightly in different geographic regions. Ask your contractor for 
details.

    (iii) For labels disclosing only the heating seasonal performance 
factor for heating, the statement should read:

This system's efficiency rating depends on the coil your contractor 
installs with this unit. The efficiency rating will vary slightly in 
different geographic regions. Ask your contractor for details.

    (10) The following statement shall appear at the top of the label 
as illustrated in the sample labels in appendix L of this part:


[[Page 77872]]


Federal law prohibits removal of this label before consumer purchase.

    (11) For any single-package air conditioner with an Energy 
Efficiency Ratio (EER) of at least 11.0, any split-system central air 
conditioner with a rated cooling capacity of at least 45,000 Btu/h and 
efficiency ratings of at least 14 SEER and 11.7 EER, and any split-
system central air conditioners with a rated cooling capacity less than 
45,000 Btu/h and efficiency ratings of at least 14 SEER and 12.2 EER, 
the label must contain the following regional standards information:
    (i) A statement that reads: Notice Federal law allows this unit to 
be installed in all U.S. states and territories.
    (ii) For split systems, a statement that reads:

Energy Efficiency Ratio (EER): The installed system's EER could range 
from [_] to [_], depending on the coil installed with this unit.

    (iii) For single-package air conditioners, a statement that reads:

Energy Efficiency Ratio (EER): This model's EER is [_].

    (12) For any split-system central air conditioners with a rated 
cooling capacity of at least 45,000 Btu/h and minimum efficiency 
ratings below 14 SEER or 11.7 EER, and any split-system central air 
conditioner with a rated cooling capacity less than 45,000 Btu/h and a 
minimum efficiency rating below 14 SEER or 12.2 EER, the label must 
contain the following regional standards information consistent with 
sample label 7 in appendix L to this part:
    (i) A statement that reads:

The installed system must meet the minimum Federal regional efficiency 
standards.
    See productinfo.energy.gov for certified combinations.

    (ii) A map, chart, and accompanying text as illustrated in the 
sample label 7 in appendix L.
    (iii) For split-system air conditioner systems, a statement that 
reads

Energy Efficiency Ratio (EER): Could range from [_] to [_], depending 
on the coil installed with this unit.

    (13) For any single-package air conditioner with an EER below 11.0, 
the label must contain the following regional standards information 
consistent with sample label 7B in appendix L to this part:
    (i) A statement that reads:

Notice Federal law allows this unit to be installed only in: AK, AL, 
AR, CO, CT, DC, DE, FL, GA, HI, ID, IL, IA, IN, KS, KY, LA, MA, ME, MD, 
MI, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NY, OH, OK, OR, PA, RI, SC, SD, 
TN, TX, UT, VA, VT, WA, WV, WI, WY and U.S. territories.
Federal law prohibits installation of this unit in other states.

    (ii) A map and accompanying text as illustrated in the sample label 
7A in appendix L.
    (iii) A statement that reads:

Energy Efficiency Ratio (EER): This model's EER is [_].

    (14) No marks or information other than that specified in this part 
shall appear on or directly adjoining this label except that:
    (i) A part or publication number identification may be included on 
this label, as desired by the manufacturer. If a manufacturer elects to 
use a part or publication number, it must appear in the lower right-
hand corner of the label and be set in 6-point type or smaller.
    (ii) The energy use disclosure labels required by the governments 
of Canada or Mexico may appear directly adjoining this label, as 
desired by the manufacturer.
    (iii) The manufacturer may include the ENERGY STAR logo on the 
label for certified products in a location consistent with the sample 
labels in appendix L to this part. The logo must be no larger than 1 
inch by 3 inches in size. Only manufacturers that have signed a 
Memorandum of Understanding with the Department of Energy or the 
Environmental Protection Agency may add the ENERGY STAR logo to labels 
on qualifying covered products; such manufacturers may add the ENERGY 
STAR logo to labels only on those covered products that are 
contemplated by the Memorandum of Understanding.

0
4. Revise Appendices G1, G2, G3, G4, G5, G6, G7, and G8 to part 305 to 
read as follows:

Appendix G1 to Part 305--Furnaces--Gas

------------------------------------------------------------------------
                                               Range of annual fuel
                                             utilization efficiencies
              Furnace type                            (AFUEs)
                                         -------------------------------
                                                Low            High
------------------------------------------------------------------------
Non-Weatherized Gas Furnaces--All                   80.0            98.5
 Capacities.............................
 Gas Furnaces--All Capacities...........            81.0            95.0
------------------------------------------------------------------------

Appendix G2 to Part 305--Furnaces--Electric

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


[[Page 77873]]

Appendix G3 to Part 305--Furnaces--Oil

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

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

------------------------------------------------------------------------
                                               Range of annual fuel
                                             utilization efficiencies
                  Type                                (AFUEs)
                                         -------------------------------
                                                Low            High
------------------------------------------------------------------------
Mobile Home Gas Furnaces--All Capacities            80.0            96.5
------------------------------------------------------------------------

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

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

Appendix G6 to Part 305--Boilers (Gas)

------------------------------------------------------------------------
                                               Range of annual fuel
                                             utilization efficiencies
                  Type                                (AFUEs)
                                         -------------------------------
                                                Low            High
------------------------------------------------------------------------
Gas Boilers (except steam)--All                     82.0            96.3
 Capacities.............................
Gas Boilers (steam)--All Capacities.....            81.0            83.4
------------------------------------------------------------------------

Appendix G7 to Part 305--Boilers (Oil)

------------------------------------------------------------------------
                                               Range of annual fuel
                                             utilization efficiencies
                  Type                                (AFUEs)
                                         -------------------------------
                                                Low            High
------------------------------------------------------------------------
Oil Boilers--All Capacities.............            82.0            91.2
------------------------------------------------------------------------

Appendix G8 to Part 305--Boilers (Electric)

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


[[Page 77874]]


0
5. Appendix L to part 305 is amended as follows:
0
a. Prototype Labels 1, 2, 3, and 4 are revised;
0
b. Sample Labels 7, 7A, 8, 9, 9A, and 9B are revised;
0
c. Sample Labels 7B and 8A are removed; and
0
d. Sample Label 17 is added.
    The revisions read as follows:

Appendix L to Part 305--Sample Labels

* * * * *
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* * * * *

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* * * * *

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2014-30135 Filed 12-24-14; 8:45 am]
BILLING CODE 6750-01-C