[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Rules and Regulations]
[Pages 7593-7608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03665]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 /
Rules and Regulations
[[Page 7593]]
FEDERAL TRADE COMMISSION
16 CFR Part 305
RIN 3084-AB15
Energy Labeling Rule
AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').
ACTION: Final rule.
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SUMMARY: The Commission amends the Energy Labeling Rule (``Rule'') by
updating ranges of comparability and unit energy cost figures on
EnergyGuide labels for dishwashers, furnaces, room air conditioners,
and pool heaters. The Commission also sets a compliance date of October
1, 2019 for EnergyGuide labels on room air conditioner boxes and makes
several minor clarifications and corrections to the Rule.
DATES: The amendments are effective May 23, 2018.
ADDRESSES: Relevant portions of the record of this proceeding,
including this document, are available at http://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.
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\1\ 44 FR 66466 (Nov. 19, 1979).
\2\ 42 U.S.C. 6294. EPCA also requires the Department of Energy
(DOE) to develop test procedures that measure how much energy
appliances use, and to determine the representative average cost a
consumer pays for different types of energy.
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The Rule requires manufacturers to attach yellow EnergyGuide labels
to many covered products and prohibits retailers from removing these
labels or rendering them illegible. In addition, it directs sellers,
including retailers, to post label information on websites and in paper
catalogs from which consumers can order products. EnergyGuide labels
for most covered products contain three key disclosures: Estimated
annual energy cost, a product's energy consumption or energy efficiency
rating as determined by DOE test procedures, and a comparability range
displaying the highest and lowest energy costs or efficiency ratings
for all similar models. For cost calculations, the Rule specifies
national average costs for applicable energy sources (e.g.,
electricity, natural gas, oil) as calculated by DOE. Under the Rule,
the Commission periodically updates comparability range and annual
energy cost information based on manufacturer data submitted pursuant
to the Rule's reporting requirements. The Rule also sets a five-year
schedule for updating comparability range and annual energy cost
information.\3\
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\3\ 16 CFR 305.10.
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II. Proposed Amendments
In a November 9, 2017 Notice of Proposed Rulemaking (NPRM), the
Commission sought comment on proposed updates to the Rule's
comparability ranges and amendments to set a compliance date for
EnergyGuide labels on room air conditioner boxes. The Commission
received 10 comments in response.\4\ After reviewing the comments, the
Commission now issues final amendments addressing these issues.
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\4\ See 82 FR 52024. The comments received in response to the
NPRM are here: https://www.ftc.gov/policy/public-comments/2017/12/initiative-730. The comments included: Air-Conditioning, Heating,
and Refrigeration Institute (AHRI) (#00006); American Public Gas
Association (APGA) (#00007); National Electrical Manufacturers
Association (NEMA) (#00008); Association of Home Appliance
Manufacturers (AHAM) (#00009); Earthjustice (``Joint Commenters'')
(#00010); Grear (#00011); Kremer (#00005); O'Hare (#00004); Castillo
(#00003); and Chambers (#00002).
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III. Final Amendments
A. Comparability Range and Energy Cost Revisions
Background: In the NPRM, the Commission proposed revisions to the
comparability range and energy cost information for dishwashers,
furnaces, pool heaters, and room air conditioners.\5\ The comparability
ranges (i.e., scales) show the highest and lowest energy costs or
energy efficiency ratings of models similar to the labeled product. The
Commission derives these ranges from annual data submitted by
manufacturers. In addition, the Commission proposed updating the
average energy cost figures manufacturers must use to calculate a
model's estimated energy cost for the label based on national average
cost figures published by DOE.\6\ The Commission also proposed amending
the energy cost tables in Appendix K to clarify the cost applicable to
various covered products.\7\ To effect these changes, the Commission
proposed amending the applicable tables in the Rule's appendices. Under
the Rule (Sec. 305.10), manufacturers must begin using this new
information on product labels within 90 days after publication of the
updated tables.
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\5\ 16 CFR 305.10. This document also updates the sample labels
in the Rule's appendices to reflect the new range and cost
information and to include the minor label content changes discussed
in this document.
\6\ 82 FR 21213 (May 5, 2017) (DOE notice for ``Representative
Average Unit Costs of Energy'').
\7\ Applicable energy cost figures for ceiling fans, lighting
products, and televisions appear in Sec. Sec. 305.13 (effective
September 17, 2018), 305.15, and 305.17 respectively.
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The Commission did not propose amending the range and cost
information for EnergyGuide labels for refrigerators, freezers, clothes
washers, water heaters, central air conditioners, and televisions
because the Commission has recently updated label information for these
products.\8\ The Commission explained in the NPRM that changing labels
for these products so soon would unnecessarily burden manufacturers
[[Page 7594]]
and potentially confuse consumers by introducing new label information
in the marketplace.\9\
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\8\ See 81 FR 63634 (Sept. 15, 2016) (new range information for
refrigerators and freezers, water heaters, and central air
conditioners effective June 12, 2017); 81 FR 7201 (Feb. 11, 2016)
(new ranges for clothes washers effective May 11, 2016); and 80 FR
16259 (Mar. 27, 2015) (updated ranges for televisions effective July
15, 2015).
\9\ The Commission followed a similar approach during the last
cycle of range and cost updates. See 78 FR 1779 (Jan. 9, 2013).
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Comments: Though commenters generally supported the updated ranges,
AHRI and O'Hare recommended minor changes. Specifically, AHRI noted
that the new range for oil-fired boilers should reflect several models
rated at an Annual Fuel Utilization Efficiency (AFUE) of 82.0. O'Hare
suggested the upper end of the pool heater thermal efficiency range on
the sample label be 96.0 to reflect the amended table in Appendix J1.
In addition, several energy efficiency and consumer organizations
(the ``Joint Commenters'') recommended new ranges for clothes washers.
They explained that new DOE standards, which become effective in
January 2018, will significantly change the lower end of the ranges for
these products (for both standard and compact capacity categories) by
removing many existing lower efficiency models from the market. In the
Joint Commenters' view, delay in updating the ranges will result in
ranges that include products no longer manufactured, thus misleading
consumers about the efficiency and operating costs of models in
production. The commenters also argued that such inaccurate ranges
would violate EPCA's directive (see 42 U.S.C. 6294(c)(1)(B)) to provide
range information for ``covered products to which the rule applies.''
Discussion: The Commission amends the Rule to implement the updates
proposed in the NPRM and the minor changes suggested by the commenters.
The Commission, however, does not update the clothes washer ranges at
this time. Because the Commission updated the range data for clothes
washer labels in 2016 (81 FR 7201 (Feb. 11, 2016)), it is reluctant to
change the labels again after such a short interval because it would
create inconsistent labels for consumers during the transition and
unnecessarily burden manufacturers. However, the Commission will review
new clothes washer data in light of the new DOE 2018 standards and
consider whether to propose updating the ranges.
The Commission does not agree with the Joint Commenters that the
current ranges violate EPCA's directive to provide range information
for ``covered products to which the rule applies.'' The Commission
interprets this statutory instruction, together with the directive in
42 U.S.C. 6294(c)(2)(B), as applying to general product types (i.e.,
categories), not to individual models. Furthermore, models frequently
appear in the market that may fall outside of the Rule's current range,
and the statute contains no requirement for the Commission to update
ranges continuously. Indeed, the law prohibits the Commission from
updating ranges more often than annually.\10\
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\10\ 42 U.S.C. 6296(c).
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B. Room Air Conditioner Labels on Packages
Background: In the NPRM, the Commission proposed a compliance date
for changes to room air conditioner labels. In 2015, the Commission
announced final amendments requiring labels on room air conditioner
boxes and replacing the EER (``Energy Efficiency Ratio'') disclosure
with CEER (``Combined Energy Efficiency Ratio'') (80 FR 67285, 67292-3
(Nov. 2, 2015)). However, to reduce burden on manufacturers that use
both the U.S. and Canadian labels, the Commission delayed a compliance
date announcement until Natural Resources Canada (NRCan), which
administers the Canadian EnerGuide labeling program, had announced
similar provisions. On December 28, 2016, NRCan published regulatory
amendments providing manufacturers the option to print the EnerGuide
label on packaging (Canada Gazette, Vol. 150, No. 26 (Dec. 28, 2016))
in lieu of affixing the EnerGuide label to the product. The Commission
then proposed a compliance date of October 1, 2018, explaining that
October coincides with the beginning of the industry's annual
production cycle (i.e., the cooling season).
Comments: AHAM generally supported the change from EER to CEER, as
well as the transition to labels on product boxes. However, it urged
the Commission to provide additional time for this transition.
Specifically, AHAM argued that the change will require manufacturers to
completely redesign their packaging to accommodate the label.
Accordingly, AHAM requested that the Commission set an October 1, 2019
date for the box labels.
Discussion: In response to AHAM's concerns, the Commission sets the
compliance date at October 1, 2019 to provide manufacturers ample time
to make the transition to box labels. As indicated in the NPRM,
manufacturers generally deploy their product lines on an annual basis
beginning in October of each year. According to AHAM, an October 2018
compliance date likely would not provide adequate time for making the
required changes. In addition, the Commission expects a compliance date
falling in the middle of the annual production cycle could cause
significant disruption. If they so choose, manufacturers may begin
using the labels on packages before the October 1, 2019 compliance
date. In the meantime, they must continue to affix labels to the
products themselves and provide labels online. The amendments also
change the label's efficiency disclosure from EER to CEER as
proposed.\11\ Manufacturers should begin using CEER along with the new
ranges published in this document (i.e., within 90 days of
publication).
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\11\ 80 FR at 67292-3.
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C. Technical Corrections and Clarifications
Background: In the NPRM, the Commission proposed several minor
clarifying and corrective amendments. These included a clarification to
Sec. 305.10(c) regarding labeling for models falling outside of the
current ranges, as well as corrections to Sec. Sec. 305.5 (obsolete
reference to LED bulb tests), 305.8 (reference to the timing of
reporting requirements), 305.12 (sample label references for central
air conditioners labels), and 305.16 (plumbing disclosures).
Comments: Several commenters, including AHAM and NEMA, supported
these minor amendments. No comments opposed them. However, AHAM
requested additional clarifications. First, it recommended replacing
the term ``operating cost'' with ``energy cost'' in Sec. 305.10(c)(2)
and on the sample clothes washer label in appendix L to ensure
consistency with other sample labels and Rule provisions. According to
AHAM, industry members have used the term ``energy cost'' on labels
prepared pursuant to Sec. 305.10 for this reason. In addition, most of
the labels and applicable Rule text in Sec. 305.11 use the term
``energy cost.'' AHAM urged the Commission to provide ample time for
manufacturers to make any necessary changes.
AHAM also urged the Commission to clarify the label language
required for describing refrigerator-freezers that do not have through-
the-door ice service. AHAM noted that the Rule's sample label uses the
phrase ``no through-the-door ice,'' whereas the comparability range
tables in appendix A state ``Without Through-the-door-ice.'' Although
AHAM did not express a preference for the applicable language, it
requested sufficient time for their members to change labels to avoid
waste and unnecessary cost should the Commission issue a clarification.
Discussion: The Commission amends the Rule to include the proposed
[[Page 7595]]
clarifications and technical corrections, including replacing the term
``operating cost'' with ``energy cost'' in Sec. 305.10(c)(2) and on
the clothes washer label as suggested by AHAM. The Commission does not
expect these corrections to create any additional burden for
manufacturers because current practice appears to be consistent with
most of these changes. However, to the extent that manufacturers must
change existing labels, they may do so after exhausting their current
label supply to avoid unnecessary costs. Should individual
manufacturers have questions about revising labels, they can contact
FTC staff for guidance.\12\
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\12\ In addition, the final amendments correct Sec. 305.11 to
reinsert paragraphs (f)(10) and (11), which were inadvertently
omitted in an earlier rulemaking (81 FR 63634, Sept. 15, 2016)). The
Commission finds good cause for implementing the technical
corrections recommended by AHAM and the correction to Sec. 305.11
without further notice and comment. See 5 U.S.C. 553(b)(3)(B); 5 CFR
1.26(b).
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The Commission, however, declines to amend the Rule's descriptions
for refrigerator-freezers. The current Rule sets only general
requirements for the content of these product descriptions at the
labels top left and does not prescribe exact language that
manufacturers must use.\13\ Accordingly, manufacturers may continue to
use their present descriptions provided they are consistent with the
Rule's refrigerator-freezer categories. The Commission may consider
amending the Rule in the future to require uniform descriptors for
refrigerator-freezers should stakeholders desire such a change. For
now, without further notice and comment, the Commission does not change
this provision of the Rule.
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\13\ Though the model descriptions at the label's top left
portion must be ``consistent'' with the tables in appendix A (Sec.
305.11(f)(4)), such descriptions do not have to track the language
in the tables exactly. See 81 FR 63634, 63639, n. 39 (Sept. 15,
2016) (adding the requirements in Sec. 305.11(f)(4) to ensure
manufacturers do not list extraneous product features). However,
explanatory language at the label's lower section must contain the
specific descriptors set out in Sec. 305.11(f)(9)(iii)) (``models
with similar features . . .'').
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D. Additional Issues Raised in Comments
A few commenters offered broad suggestions to improve aspects of
the Energy Labeling Rule not discussed in NPRM, thus falling outside of
the scope of the proposed amendments.\14\ For instance, the American
Public Gas Association (APGA) recommended the Commission consider
requiring source-based energy efficiency descriptors on the EnergyGuide
labels to provide consumers with broader information about the overall
environmental impacts of product use. APGA also urged the Commission to
consider using marginal energy cost figures for calculating annual
energy costs on labels, indicating that the average cost figures
currently used for the labels overstate the costs. APGA urged the
Commission to raise these issues in the future for further discussion.
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\14\ Other comments (Castillo and Chambers) expressed general
support for the Rule. One commenter (Kremer) argued that the Rule's
labeling is ``redundant'' and that consumers only need wattage
information.
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Gear also provided several suggestions to improve the labels.
First, Gear recommended state-by-state energy cost disclosures on the
label to provide consumers with energy information reflecting the
utility rates where they live. If such disclosures prove impracticable
for individual labels, the commenter suggested the Commission consider
providing this information online. Second, Gear recommended the label
contain a ``yearly cost compared to average'' disclosure, as well as
other design changes to address reported concerns with consumer
comprehension. Finally, Gear recommended the Commission consider
requiring labels for clothes dryers.
At this time, the Commission does not propose additional changes to
the Rule, though it may consider such broader issues in the future.
Without an opportunity for public comment and further consideration,
the Commission cannot make such changes at this time. In recent years,
the Commission has implemented many broad changes related to label
design, reporting, and other aspects of the labeling program to improve
information for consumers and industry members.\15\ Accordingly, the
Commission does not plan to pursue these additional issues as part of
the present amendments. Instead, the FTC staff will review these issues
and consider whether to recommend additional amendments or non-
regulatory measures in the future. It will also continue working
outside the rulemaking context with DOE staff to explore online
consumer information about the energy use of covered products,
including source-based impacts and energy costs reflecting state or
regional variations in fuel rates.
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\15\ See, e.g., 75 FR 41696 (July 19, 2010) (new light bulb
labels); 76 FR 1037 (Jan. 6, 2011) (television labels); 78 FR 2200
(Jan. 1, 2013) (online labels and streamlined reporting); 78 FR 8362
(Feb. 6, 2013) (regional standards for heating and cooling
equipment); 80 FR 67285 (Nov. 2, 2015) (expansion of light bulb
label coverage, increase label durability, and improve plumbing
disclosures); 81 FR 63633 (Sept. 15, 2016) (improve access to energy
labels online and improve labels for refrigerators, ceiling fans,
central air conditioners, and water heaters).
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IV. Paperwork Reduction Act
The current Rule contains recordkeeping, disclosure, testing, and
reporting requirements that constitute information collection
requirements as defined by 5 CFR 1320.3(c), the definitional provision
within the Office of Management and Budget (OMB) regulations that
implement the Paperwork Reduction Act. OMB has approved the Rule's
existing information collection requirements through November 30, 2019
(OMB Control No. 3084 0069). The amendments do not change the substance
or frequency of the recordkeeping, disclosure, or reporting
requirements and, therefore, do not require further OMB clearance.
V. Regulatory Flexibility Act
The provisions of the Regulatory Flexibility Act relating to a
Regulatory Flexibility Act analysis (5 U.S.C. 603-604) are not
applicable to this proceeding because the amendments do not impose any
new obligations on entities regulated by the Energy Labeling Rule. As
explained elsewhere in this document, the amendments do not change the
substance or frequency of the recordkeeping, disclosure, or reporting
requirements. Thus, the amendments will not have a ``significant
economic impact on a substantial number of small entities.'' 5 U.S.C.
605. The Commission has concluded, therefore, that a regulatory
flexibility analysis is not necessary, and certifies, under Section 605
of the Regulatory Flexibility Act (5 U.S.C. 605(b)), that the
amendments will not have a significant economic impact on a substantial
number of small entities.
List of Subjects in 16 CFR Part 305
Advertising, Energy conservation, Household appliances, Labeling,
Reporting and recordkeeping requirements.
For the reasons set out above, the Commission amends 16 CFR part
305 as follows:
PART 305--ENERGY AND WATER USE LABELING FOR CONSUMER PRODUCTS UNDER
THE ENERGY POLICY AND CONSERVATION ACT (``ENERGY LABELING RULE'')
0
1. The authority citation for part 305 continues to read as follows:
Authority: 42 U.S.C. 6294.
[[Page 7596]]
Sec. 305.2 [Amended]
0
2. In Sec. 305.2(p), remove the words ``energy efficiency ratio
(EER)'' and add, in their place, ``combined energy efficiency ratio
(CEER)''.
0
3. In Sec. 305.5, revise paragraph (a), remove paragraph (c), and
redesignate paragraph (d) as paragraph (c) to read as follows:
Sec. 305.5 Determinations of estimated annual energy consumption,
estimated annual operating cost, and energy efficiency rating, water
use rate, and other required disclosure content.
(a) Unless otherwise stated in paragraphs (b) and (c) of this
section, the content of any disclosures required by this part must be
determined in accordance with the testing and sampling provisions
required by the Department of Energy as set forth in subpart B to 10
CFR part 430, 10 CFR part 431, and 10 CFR 429.11.
* * * * *
Sec. 305.7 [Amended]
0
4. In Sec. 305.7(f), remove the word ``EER'' and add, in its place,
``CEER.''
0
5. In Sec. 305.8, revise paragraph (c) to read as follows:
Sec. 305.8 Submission of data.
* * * * *
(c) All information required by paragraphs (a)(1) through (3) of
this section must be submitted for new models prior to any distribution
of such model. Models subject to design or retrofit alterations which
change the data contained in any annual report shall be reported in the
manner required for new models. Models which are discontinued shall be
reported in the next annual report.
0
6. In Sec. 305.10, paragraphs (a), (b), and (c)(2) are revised and
paragraph (c)(3) is added to read as follows:
Sec. 305.10 Ranges of comparability on the required labels.
(a) Range of estimated annual energy costs or energy efficiency
ratings. The range of estimated annual operating costs or energy
efficiency ratings for each covered product (except televisions,
ceiling fans, fluorescent lamp ballasts, lamps, metal halide lamp
fixtures, showerheads, faucets, water closets and urinals) shall be
taken from the appropriate appendix to this part in effect at the time
the labels are affixed to the product. The Commission shall publish
revised ranges in the Federal Register in 2022. When the ranges are
revised, all information disseminated after 90 days following the
publication of the revision shall conform to the revised ranges.
Products that have been labeled prior to the effective date of a
modification under this section need not be relabeled.
(b) Representative average unit energy cost. The Representative
Average Unit Energy Cost to be used on labels as required by Sec.
305.11 and disclosures as required by Sec. 305.20 are listed in
appendices K1 and K2 to this part. The Commission shall publish revised
Representative Average Unit Energy Cost figures in the Federal Register
in 2022. When the cost figures are revised, all information
disseminated after 90 days following the publication of the revision
shall conform to the new cost figure.
(c) * * *
(2) Add one of the two sentences below, as appropriate, in the
space just below the scale on the label, as follows:
The estimated yearly energy cost of this model was not available at
the time the range was published.
The energy efficiency rating of this model was not available at the
time the range was published.
(3) For refrigerator and refrigerator-freezer labels:
(i) If the model's energy cost falls outside of either or both
ranges on the label, include the language in paragraph (c)(2) of this
section.
(ii) If the model's energy cost only falls outside of the range for
models with similar features, but is within the range for all models,
include the product on the scale and place a triangle below the dollar
value.
(iii) If the model's energy cost falls outside of both ranges of
comparability, omit the triangle beneath the yearly operating cost
value.
0
7. Amend Sec. 305.11 by revising paragraphs (d) introductory text,
(d)(3), and (f)(9)(x) and adding paragraphs (f)(10) and (11) to read as
follows:
Sec. 305.11 Labeling for refrigerators, refrigerator-freezers,
freezers, dishwashers, clothes washers, water heaters, room air
conditioners, and pool heaters.
* * * * *
(d) Label types. Except as indicated in paragraph (d)(3) of this
section, the labels must be affixed to the product in the form of an
adhesive label or a hang tag as follows:
* * * * *
(3) Package labels for certain products. Labels for electric
instantaneous water heaters shall be printed on or affixed to the
product's packaging in a conspicuous location. Labels for room air
conditioners produced on or after October 1, 2019 shall be printed on
or affixed to the principal display panel of the product's packaging.
* * * * *
(f) * * *
(9) * * *
(x) For clothes washers covered by appendices F1 and F2 of this
part, the statement will read as follows (fill in the blanks with the
appropriate capacity and energy cost figures):
Your costs will depend on your utility rates and use.
Cost range based only on [compact/standard] capacity models.
Estimated energy cost is based on six wash loads a week and a
national average electricity cost of __ cents per kWh and natural gas
cost of $ __ per therm. ftc.gov/energy.
* * * * *
(10) The following statement shall appear on each label as
illustrated in the prototype and sample labels in appendix L of this
part:
Federal law prohibits removal of this label before consumer
purchase.
(11) No marks or information other than that specified in this part
shall appear on or directly adjoining this label except that:
(i) A part or publication number identification may be included on
this label, as desired by the manufacturer. If a manufacturer elects to
use a part or publication number, it must appear in the lower right-
hand corner of the label and be set in 6-point type or smaller.
(ii) The energy use disclosure labels required by the governments
of Canada or Mexico may appear directly adjoining this label, as
desired by the manufacturer.
(iii) The manufacturer or private labeler may include the ENERGY
STAR logo on the bottom right corner of the label for certified
products. The logo must be 1 inch by 1 inch in size. Only manufacturers
that have signed a Memorandum of Understanding with the Department of
Energy or the Environmental Protection Agency may add the ENERGY STAR
logo to labels on certified covered products; such manufacturers may
add the ENERGY STAR logo to labels only on those covered products that
are contemplated by the Memorandum of Understanding.
0
8. In Sec. 305.12, revise paragraphs (g)(12)(ii), (g)(13)(ii), (g)(14)
introductory text, and (g)(14)(ii) to read as follows:
Sec. 305.12 Labeling for central air conditioners, heat pumps, and
furnaces.
* * * * *
(g) * * *
(12) * * *
(ii) A map appropriate for the model and accompanying text as
illustrated in
[[Page 7597]]
the sample label 7 in appendix L of this part.
* * * * *
(13) * * *
(ii) A map appropriate for the model and accompanying text as
illustrated in the sample label 7 in appendix L of this part.
* * * * *
(14) For any single-package air conditioner with a minimum EER
below 11.0, the label must contain the following regional standards
information:
* * * * *
(ii) A map appropriate for the model and accompanying text as
illustrated in the sample label 7 in appendix L of this part.
* * * * *
Sec. 305.16 [Amended]
0
9. Amend Sec. 305.16 by removing paragraph (a)(5).
0
10. Appendix C1 to part 305 is revised to read as follows:
Appendix C1 to Part 305--Compact Dishwashers
Range Information
``Compact'' includes countertop dishwasher models with a
capacity of fewer than eight (8) place settings. Place settings
shall be in accordance with appendix C to 10 CFR part 430, subpart
B. Load patterns shall conform to the operating normal for the model
being tested.
------------------------------------------------------------------------
Range of estimated annual
energy costs (dollars/year)
Capacity -------------------------------
Low High
------------------------------------------------------------------------
Compact................................. $17 $27
------------------------------------------------------------------------
0
11. Appendix C2 to part 305 is revised to read as follows:
Appendix C2 to Part 305--Standard Dishwashers
Range Information
``Standard'' includes dishwasher models with a capacity of eight
(8) or more place settings. Place settings shall be in accordance
with appendix C to 10 CFR part 430, subpart B. Load patterns shall
conform to the operating normal for the model being tested.
------------------------------------------------------------------------
Range of estimated annual
energy costs (dollars/year)
Capacity -------------------------------
Low High
------------------------------------------------------------------------
Standard................................ $26 $40
------------------------------------------------------------------------
0
12. Appendix E to part 305 is revised to read as follows:
Appendix E to Part 305--Room Air Conditioners
Range Information
------------------------------------------------------------------------
Range of estimated annual
Manufacturer's rated cooling capacity in energy costs (dollars/year)
Btu's/hr -------------------------------
Low High
------------------------------------------------------------------------
Without Reverse Cycle and with Louvered
Sides:
Less than 6,000 Btu................. $40 $53
6,000 to 7,999 Btu.................. 48 72
8,000 to 13,999 Btu................. 65 127
14,000 to 19,999 Btu................ 115 182
20,000 and more Btu................. 189 386
Without Reverse Cycle and without
Louvered Sides:
Less than 6,000 Btu................. (*) (*)
6,000 to 7,999 Btu.................. 58 80
8,000 to 13,999 Btu................. 69 147
14,000 to 19,999 Btu................ 117 158
20,000 and more Btu................. (*) (*)
With Reverse Cycle and with Louvered 68 238
Sides..................................
With Reverse Cycle, without Louvered (*) (*)
Sides..................................
------------------------------------------------------------------------
* No sufficient data submitted.
[[Page 7598]]
0
13. Revise appendices G1, G2, G3, G4, G5, G6, G7, and G8 to read as
follows:
Appendix G1 to Part 305--Furnaces--Gas
------------------------------------------------------------------------
Range of annual fuel
utilization efficiencies
Furnace type (AFUEs)
-------------------------------
Low High
------------------------------------------------------------------------
Non-Weatherized Gas Furnaces--All 80.0 98.7
Capacities.............................
Weatherized Gas Furnaces--All Capacities 81.0 95.0
------------------------------------------------------------------------
Appendix G2 to Part 305--Furnaces--Electric
------------------------------------------------------------------------
Range of annual fuel
utilization efficiencies
Furnace type (AFUEs)
-------------------------------
Low High
------------------------------------------------------------------------
Electric Furnaces--All Capacities....... 100.0 100.0
------------------------------------------------------------------------
Appendix G3 to Part 305--Furnaces--Oil
------------------------------------------------------------------------
Range of annual fuel
utilization efficiencies
Type (AFUEs)
-------------------------------
Low High
------------------------------------------------------------------------
Non-Weatherized Oil Furnaces--All 83.0 96.7
Capacities.............................
Weatherized Oil Furnaces--All Capacities 78.0 83.0
------------------------------------------------------------------------
Appendix G4 to Part 305--Mobile Home Furnaces--Gas
------------------------------------------------------------------------
Range of annual fuel
utilization efficiencies
Type (AFUEs)
-------------------------------
Low High
------------------------------------------------------------------------
Mobile Home Gas Furnaces--All Capacities 80.0 97.3
------------------------------------------------------------------------
Appendix G5 to Part 305--Mobile Home Furnaces--Oil
------------------------------------------------------------------------
Range of annual fuel
utilization efficiencies
Type (AFUEs)
-------------------------------
Low High
------------------------------------------------------------------------
Mobile Home Oil Furnaces--All Capacities 80.0 87.0
------------------------------------------------------------------------
Appendix G6 to Part 305--Boilers (Gas)
------------------------------------------------------------------------
Range of annual fuel
utilization efficiencies
Type (AFUEs)
-------------------------------
Low High
------------------------------------------------------------------------
Gas Boilers (except steam)--All 82.0 96.8
Capacities.............................
Gas Boilers (steam)--All Capacities..... 80.4 83.4
------------------------------------------------------------------------
[[Page 7599]]
Appendix G7 to Part 305--Boilers (Oil)
------------------------------------------------------------------------
Range of annual fuel
utilization efficiencies
Type (AFUEs)
-------------------------------
Low High
------------------------------------------------------------------------
Oil Boilers--All Capacities............. 82.0 90.0
------------------------------------------------------------------------
Appendix G8 to Part 305--Boilers (Electric)
------------------------------------------------------------------------
Range of annual fuel
utilization efficiencies
Type (AFUEs)
-------------------------------
Low High
------------------------------------------------------------------------
Electric Boilers--All Capacities........ 100 100
------------------------------------------------------------------------
0
14. Appendices J1 and J2 are revised to read as follows:
Appendix J1 to Part 305--Pool Heaters--Gas
Range Information
----------------------------------------------------------------------------------------------------------------
Range of thermal efficiencies (percent)
---------------------------------------------------------------
Manufacturer's rated heating capacities Natural Gas Propane
---------------------------------------------------------------
Low High Low High
----------------------------------------------------------------------------------------------------------------
All capacities.................................. 82.0 96.0 82.0 96.0
----------------------------------------------------------------------------------------------------------------
Appendix J2 to Part 305--Pool Heaters--Oil
Range Information
------------------------------------------------------------------------
Range of thermal efficiencies
(percent)
Manufacturer's rated heating capacities -------------------------------
Low High
------------------------------------------------------------------------
All capacities.......................... (*) (*)
------------------------------------------------------------------------
* No data submitted.
Appendix K to Part 305 [Removed]
0
15. Appendix K to part 305 is removed.
[[Page 7600]]
0
16. Appendices K1 and K2 are added to read as follows:
Appendix K1 to Part 305--Representative Average Unit Energy Costs for
Refrigerators, Refrigerator-Freezers, Freezers, Clothes Washers, and
Water Heater Labels
This Table contains the representative unit energy costs that
must be utilized to calculate estimated annual energy cost
disclosures required under Sec. Sec. 305.11 and 305.20 for
refrigerators, refrigerator-freezers, freezers, clothes washers, and
water heaters. This Table is based on information published by the
U.S. Department of Energy in 2013.
----------------------------------------------------------------------------------------------------------------
As required by DOE test
Type of energy In commonly used terms procedure
----------------------------------------------------------------------------------------------------------------
Electricity...................................... [cent]12.00/kWh \2\ \3\....... $.1200/kWh.
Natural Gas...................................... $1.09/therm \4\ or $11.12/MCF $0.0000109/Btu.
\5\ \6\.
No. 2 Heating Oil................................ $3.80/gallon \7\.............. $0.00002740/Btu.
Propane.......................................... $2.41/gallon \8\.............. $0.00002639/Btu.
Kerosene......................................... $4.21/gallon \9\.............. $0.00003119/Btu.
----------------------------------------------------------------------------------------------------------------
\1\ Btu stands for British thermal unit.
\2\ kWh stands for kiloWatt hour.
\3\ 1 kWh = 3,412 Btu.
\4\ 1 therm = 100,000 Btu. Natural gas prices include taxes.
\5\ MCF stands for 1,000 cubic feet.
\6\ For the purposes of this table, 1 cubic foot of natural gas has an energy equivalence of 1,023 Btu.
\7\ For the purposes of this table, 1 gallon of No. 2 heating oil has an energy equivalence of 138,690 Btu.
\8\ For the purposes of this table, 1 gallon of liquid propane has an energy equivalence of 91,333 Btu.
\9\ For the purposes of this table, 1 gallon of kerosene has an energy equivalence of 135,000 Btu.
Appendix K2 to Part 305--Representative Average Unit Energy Costs for
Dishwasher and Room Air Conditioner Labels
This Table contains the representative unit energy costs that must
be utilized to calculate estimated annual energy cost disclosures
required under Sec. Sec. 305.11 and 305.20 for dishwashers and room
air conditioners. This Table is based on information published by the
U.S. Department of Energy in 2017.
----------------------------------------------------------------------------------------------------------------
As required by DOE test
Type of energy In commonly used terms procedure
----------------------------------------------------------------------------------------------------------------
Electricity.......................................... [cent]13.00/kWh \2\ \3\.... $.1300/kWh.
Natural Gas.......................................... $1.05/therm \4\ or $10.86/ $0.00001052/Btu.
MCF \5\ \6\.
No. 2 Heating Oil.................................... $2.59/gallon \7\........... $0.00001883/Btu.
Propane.............................................. $1.53/gallon \8\........... $0.00001672/Btu.
Kerosene............................................. $3.01/gallon \9\........... $0.00002232/Btu.
----------------------------------------------------------------------------------------------------------------
\1\ Btu stands for British thermal units.
\2\ kWh stands for kilowatt hour.
\3\ kWh = 3,412 Btu.
\4\ therm = 100,000 Btu.
\5\ MCF stands for 1,000 cubic feet.
\6\ For the purposes of this table, one cubic foot of natural gas has an energy equivalence of 1,032 Btu.
\7\ For the purposes of this table, one gallon of No. 2 heating oil has an energy equivalence of 137,561 Btu.
\8\ For the purposes of this table, one gallon of liquid propane has an energy equivalence of 91,333 Btu.
\9\ For the purposes of this table, one gallon of kerosene has an energy equivalence of 135,000 Btu.
0
17. In appendix L, revise prototype label 2, add sample label 2 in
alphanumeric order, revise sample labels 3 and 4, add sample label 6 in
alphanumeric order, and revise sample labels 9 and 9A to read as
follows:
* * * * *
BILLING CODE 6750-01-P
[[Page 7601]]
[GRAPHIC] [TIFF OMITTED] TR22FE18.001
* * * * *
[[Page 7602]]
[GRAPHIC] [TIFF OMITTED] TR22FE18.002
* * * * *
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* * * * *
[[Page 7604]]
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* * * * *
[[Page 7605]]
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* * * * *
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* * * * *
[[Page 7607]]
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[[Page 7608]]
* * * * *
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2018-03665 Filed 2-21-18; 8:45 am]
BILLING CODE 6750-01-C