[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31910]


[[Page Unknown]]

[Federal Register: December 29, 1994]


_______________________________________________________________________

Part III





Federal Trade Commission





_______________________________________________________________________



16 CFR Part 305



Disclosures Regarding Energy Consumption and Water Use of Certain Home 
Appliances and Other Products; Final Rule
FEDERAL TRADE COMMISSION

16 CFR Part 305

 

Rule Concerning Disclosures Regarding Energy Consumption and 
Water Use of Certain Home Appliances and Other Products Required Under 
the Energy Policy and Conservation Act (``Appliance Labeling Rule'')

AGENCY: Federal Trade Commission.

ACTION: Final rule.

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SUMMARY: The Federal Trade Commission (``Commission'') issues minor, 
non-substantive amendments to the Appliance Labeling Rule (``Rule'') to 
resolve certain inconsistencies in paragraph numbering and language 
that have arisen during the course of four recent proceedings amending 
the Rule. The ``Text of Amendments'' section of this notice supersedes 
the ``Text of Amendments'' section (except for the Illustrations, which 
remain the same) of the notice announcing amendments to the Rule to 
include certain lamp products published on May 13, 1994, at 59 FR 
25176, 25206-12 (effective May 15, 1995).

EFFECTIVE DATE: May 15, 1995.

FOR FURTHER INFORMATION CONTACT: James Mills, Attorney, Division of 
Enforcement, Federal Trade Commission, Washington, D.C. 20580 (202-326-
3035).

SUPPLEMENTARY INFORMATION: On October 25, 1993, the Commission 
published amendments to the Rule to include certain plumbing 
products.\1\ The amendments became effective October 25, 1994. On May 
13, 1994, the Commission published amendments to bring certain lamp 
products under the Rule's coverage.\2\ These amendments will become 
effective on May 15, 1995. The Commission initiated both of these 
proceedings in response to a directive in the Energy Policy Act of 1992 
(``EPA 92'').\3\
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    \1\``Plumbing Products Amendments,'' 58 FR 54955.
    \2\``Lamp Products Amendments,'' 59 FR 25176.
    \3\Pub. L. No. 102-486, 106 Stat. 2776, 2817-2832 (Oct. 24, 
1992) (codified in 42 U.S.C. 6201, 6291-6309).
---------------------------------------------------------------------------

    On July 1, 1994, the Commission published comprehensive amendments 
to the Rule to improve the Rule's required disclosures in light of the 
experience the Commission has gained since the Rule became effective in 
1980.\4\ The effective date of the Comprehensive Amendments is December 
28, 1994. The Commission undertook the Comprehensive Amendment 
Rulemaking in accordance with its authority to promulgate the Rule in 
section 324 of the Energy Policy and Conservation Act (``EPCA'').\5\
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    \4\``Comprehensive Amendments,'' 59 FR 34014. The Rule was 
originally published at 44 FR 66466 (November 19, 1979, effective 
May 19, 1980).
    \5\42 U.S.C. 6291, 6294.
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    On September 28, 1994, the Commission published amendments to 
expand the Rule's coverage to include pool heaters, instantaneous water 
heaters, and heat pump water heaters.\6\ The effective date of these 
amendments is December 29, 1994. The Pool Heater Amendments were 
published because the National Appliance Energy Conservation Act 
(``NAECA 87'')\7\ amended EPCA by, among other things, adding pool 
heaters to the list of appliances for which the Department of Energy 
(``DOE'') must establish minimum efficiency standards and testing 
procedures. EPCA requires the Commission to consider labeling 
requirements for any covered products for which DOE has prescribed a 
final test procedure.\8\
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    \6\``Pool Heater Amendments,'' 59 FR 49556.
    \7\Pub. L. 100-12, 101 Stat. 103 (1987).
    \8\42 U.S.C. 6294(b)(1)(B).
---------------------------------------------------------------------------

    EPA 92 directed the Commission to prescribe, within 18 months of 
the statute's enactment (October 25, 1992), labeling requirements for 
lamp products to become effective one year after their prescription. To 
meet this deadline, the Commission found it necessary to publish the 
Lamp Products Amendments before publishing the Comprehensive Amendments 
and the Pool Heater Amendments. At the time the Commission issued the 
Lamp Products Amendments to the Rule on April 25, 1994, and published 
them in the Federal Register on May 13, 1994, to become effective 
Monday, May 15, 1995,\9\ the Commission had not promulgated the final 
texts of either the Comprehensive Amendments or the Pool Heater 
Amendments. This timing problem has resulted in certain technical 
inconsistencies between these sets of amendments. Today's amendments 
will correct this situation by re-publishing the Lamp Products 
Amendments in language consistent with that of the Comprehensive and 
Pool Heater Amendments.
---------------------------------------------------------------------------

    \9\See note 2, above.
---------------------------------------------------------------------------

    Today's amendments are for language and format purposes only, and 
are not substantive.

Text of Amendments

    For the reasons set out in the preamble, the amendments to 16 CFR 
part 305 made by the final rule published on May 13, 1994 (59 FR 
25176), in amendatory instructions 2. through 11. (59 FR 25206-25212) 
are withdrawn, the amendments in amendatory instruction 12. to appendix 
K of part 305 (59 FR 25212-25218) remain, and 16 CFR part 305 is 
amended as follows:

PART 305--RULE CONCERNING DISCLOSURES REGARDING ENERGY CONSUMPTION 
AND WATER USE OF CERTAIN HOME APPLIANCES AND OTHER PRODUCTS 
REQUIRED UNDER THE ENERGY POLICY AND CONSERVATION ACT (``APPLIANCE 
LABELING RULE'')

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

    Authority: 42 U.S.C. 6294.

    2. Section 305.2 is amended by revising the introductory text of 
paragraph (h)(1) and paragraphs (n) through (v) and by adding 
paragraphs (w) through (hh) to read as follows:


Sec. 305.2  Definitions.

* * * * *
    (h) Estimated annual energy consumption and estimated annual 
operating cost. (1) Estimated annual energy consumption means the 
energy or (for products described in sections 305.3(n)-(q)) 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).
* * * * *
    (n) Consumer product means any article (other than an automobile, 
as ``automobile'' is defined in 15 U.S.C. 2001(1) [sec. 501(1) of the 
Motor Vehicle Information and Cost Savings Act]) of a type--
    (1) which in operation consumes, or is designed to consume, energy 
or, with respect to showerheads, faucets, water closets, and urinals, 
water; and
    (2) which, to any significant extent, is distributed in commerce 
for personal use or consumption by individuals;

without regard to whether such article or such type is in fact 
distributed in commerce for personal use or consumption by an 
individual, except that such term includes fluorescent lamp ballasts, 
general service fluorescent lamps, medium base compact fluorescent 
lamps, general service incandescent lamps (including incandescent 
reflector lamps), showerheads, faucets, water closets, and urinals 
distributed in commerce for personal or commercial use or consumption.
    (o) Consumer appliance product means any of the following consumer 
products, excluding those products designed solely for use in 
recreational vehicles and other mobile equipment:
    (1) Refrigerators, refrigerator-freezers, and freezers which can be 
operated by alternating current electricity, excluding--
    (i) any type designed to be used without doors; and
    (ii) any type which does not include a compressor and condenser 
unit as an integral part of the cabinet assembly.
    (2) Dishwashers.
    (3) Water heaters.
    (4) Room air conditioners.
    (5) Clothes washers.
    (6) Clothes dryers.
    (7) Central air conditioners and central air conditioning heat 
pumps.
    (8) Furnaces.
    (9) Direct heating equipment.
    (10) Pool heaters.
    (11) Kitchen ranges and ovens.
    (12) Television sets.
    (13) Fluorescent lamp ballasts.
    (14) General service fluorescent lamps.
    (15) Medium base compact fluorescent lamps.
    (16) General service incandescent lamps, including incandescent 
reflector lamps.
    (17) Showerheads.
    (18) Faucets.
    (19) Water closets.
    (20) Urinals.
    (21) Any other type of consumer product which the Department of 
Energy classifies as a covered product under section 322(b) of the Act 
(42 U.S.C. 6292).
    (p) Covered product means any consumer product or consumer 
appliance product described in Sec. 305.3 of this part.
    (q) Luminaire means a complete lighting unit consisting of a 
fluorescent lamp or lamps, together with parts designed to distribute 
the light, to position and protect such lamps, and to connect such 
lamps to the power supply through the ballast.
    (r) Ballast efficacy factor means the relative light output divided 
by the power input of a fluorescent lamp ballast, as measured under 
test conditions specified in American National Standards Institute 
(``ANSI'') standard C82.2-1984, or as may be prescribed by the 
Secretary of Energy. Copies of ANSI standard C82.2-1984 may be obtained 
from the American National Standards Institute, 11 West 42nd St., New 
York, NY 10036.
    (s) Bulb shape means the shape of the lamp, especially the glass 
portion.
    (t) Base for lamps means the portion of the lamp which screws into 
the socket.
    (u) Color rendering index or CRI for lamps means the measure of the 
degree of color shift objects undergo when illuminated by a light 
source as compared with the color of those same objects when 
illuminated by a reference source of comparable color temperature.
    (v) Correlated color temperature for lamps means the absolute 
temperature of a blackbody whose chromaticity most nearly resembles 
that of the light source.
    (w) Lamp type means all lamps designated as having the same 
electrical and lighting characteristics and made by one manufacturer.
    (x) Wattage for lamps means the total electrical power consumed by 
a lamp in watts, after an initial seasoning period and including, for 
fluorescent lamps, arc watts plus cathode watts.
    (y) Light output for lamps means the total luminous flux (power) of 
a lamp in lumens.
    (z) Life and lifetime for lamps mean length of operating time of a 
statistically large group of lamps between first use and failure of 50 
percent of the group.
    (aa) Lamp efficacy means the light output of a lamp divided by its 
wattage, expressed in lumens per watt (LPW).
    (bb) Average lamp efficacy means the lamp efficacy readings taken 
over a statistically significant period of manufacture with the 
readings averaged over that period.
    (cc) IES means the Illuminating Engineering Society of North 
America and, as used herein, is the prefix for test procedures adopted 
by IES.
    (dd) ASME means the American Society of Mechanical Engineers and, 
as used herein, is the prefix for national standards and codes adopted 
by ASME.
    (ee) ANSI means the American National Standards Institute and, as 
used herein, is the prefix for national standards and codes adopted by 
ANSI.
    (ff) Water use means the quantity of water flowing through a 
showerhead, faucet, water closet, or urinal at point of use, determined 
in accordance with test procedures under section 323 of the Act, 42 
U.S.C. 6293.
    (gg) Flushometer valve means a valve attached to a pressured water 
supply pipe and so designed that, when actuated, it opens the line for 
direct flow into the fixture at a rate and quantity to operate properly 
the fixture, and then gradually closes to provide trap reseal in the 
fixture in order to avoid water hammer. The pipe to which this device 
is connected is in itself of sufficient size that, when opened, will 
allow the device to deliver water at a sufficient rate of flow for 
flushing purposes.
    (hh) Flow restricting or controlling spout end device means an 
aerator used in a faucet.
    3. Section 305.3 is amended by revising the heading and paragraphs 
(k) through (o), and by adding paragraphs (p) through (r) to read as 
follows:


Sec. 305.3  Description of covered products.

* * * * *
    (k) Fluorescent lamp:
    (1) means 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 (commonly referred to as 8-foot high 
output lamps) with recessed double contact bases of nominal overall 
length of 96 inches and 0.800 nominal amperes, as defined in ANSI 
C78.1-1978 and related supplements (copies of ANSI C78.1-1978 and 
related supplements may be obtained from the American National 
Standards Institute, 11 West 42nd St., New York, NY 10036); and
    (iv) Any instant start lamp (commonly referred to as 8-foot 
slimline lamps) with single pin bases of nominal overall length of 96 
inches and rated wattage of 52 or more, as defined in ANSI C78.3-1978 
(R1984) and related supplement ANSI C78.3a-1985 (copies of ANSI C78.3-
1978 (R1984) and related supplement ANSI C78.3a-1985 may be obtained 
from the American National Standards Institute, 11 West 42nd St., New 
York, NY 10036); 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.
    (l) Medium base compact fluorescent lamp means an integrally 
ballasted fluorescent lamp with a medium screw base and a rated input 
voltage of 115 to 130 volts and which is designed as a direct 
replacement for a general service incandescent lamp.
    (m) Incandescent lamp:
    (1) means 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, or similar bulb shapes (excluding ER or BR) 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 2.75 
inches, and is either--
    (A) a low(er) wattage reflector lamp which has a rated wattage 
between 40 and 205 watts; or
    (B) a high(er) wattage reflector lamp which has a rated wattage 
above 205 watts;
    (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; 
and
    (3) General service incandescent lamp means any incandescent lamp 
(other than a miniature or photographic lamp), including an 
incandescent reflector lamp, that has an E26 medium screw base, a rated 
voltage range at least partially within 115 and 130 volts, and which 
can be used to satisfy the majority of lighting applications, but does 
not include any lamp specifically designed for:
    (i) traffic signal, or street lighting service;
    (ii) airway, airport, aircraft, or other aviation service;
    (iii) marine or marine signal service;
    (iv) photo, projection, sound reproduction, or film viewer service;
    (v) stage, studio, or television service;
    (vi) mill, saw mill, or other industrial process service;
    (vii) mine service;
    (viii) headlight, locomotive, street railway, or other 
transportation service;
    (ix) heating service;
    (x) code beacon, marine signal, lighthouse, reprographic, or other 
communication service;
    (xi) medical or dental service;
    (xii) microscope, map, microfilm, or other specialized equipment 
service;
    (xiii) swimming pool or other underwater service;
    (xiv) decorative or showcase service;
    (xv) producing colored light;
    (xvi) shatter resistance which has an external protective coating; 
or
    (xvii) appliance service; and
    (4) Incandescent reflector lamp means a lamp described in paragraph 
(m)(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.
    (n) Showerhead means any showerhead (including a handheld 
showerhead), except a safety shower showerhead.
    (o) Faucet means a lavatory faucet, kitchen faucet, metering 
faucet, or replacement aerator for a lavatory or kitchen faucet.
    (p) 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.
    (q) Urinal means a plumbing fixture which 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.
    (r) 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. The 
requirements of this Part are limited to those pool heaters for which 
the Department of Energy has adopted and published test procedures for 
measuring energy usage (see 10 CFR part 430, subpart B, appendix P).
    4. Section 305.4 is amended by revising paragraphs (e)(2) and 
(e)(3) to read as follows:


Sec. 305.4  Prohibited acts.

* * * * *
    (e) * * *
    (2) Any covered product, other than central air conditioners, pulse 
combustion and condensing furnaces, fluorescent lamp ballasts, 
showerheads, faucets, water closets, urinals, pool heaters, 
instantaneous water heaters, heat pump water heaters, general service 
fluorescent lamps, medium base compact fluorescent lamps, and general 
service incandescent lamps (including incandescent reflector lamps), if 
the manufacture of the product was completed prior to May 19, 1980. Any 
central air conditioner or any pulse combustion or condensing furnace 
if its manufacture was completed prior to June 7, 1988. Any fluorescent 
lamp ballast if its manufacture was completed prior to January 1, 1990. 
Any showerhead, faucet, water closet or urinal if its manufacture was 
completed prior to October 24, 1994. Any pool heater, instantaneous 
water heater, or heat pump water heater if its manufacture was 
completed prior to December 29, 1994. Any general service fluorescent 
lamp, medium base compact fluorescent lamp, or general service 
incandescent lamp (including any incandescent reflector lamp), if its 
manufacture was completed prior to May 15, 1995.
    (3) Any catalog or point-of-sale printed material pertaining to any 
covered products that were manufactured prior to May 19, 1980; any 
catalog or point-of-sale printed material pertaining to any central air 
conditioners or pulse combustion or condensing furnaces manufactured 
prior to June 7, 1988; any catalog or point-of-sale printed material 
pertaining to any fluorescent lamp ballasts manufactured prior to June 
23, 1989; any catalog or point-of-sale printed material pertaining to 
any showerheads, faucets, water closets or urinals manufactured prior 
to October 24, 1994; any catalog or point-of-sale printed material 
pertaining to any pool heaters, instantaneous water heaters, or heat 
pump water heaters manufactured prior to December 29, 1994; or any 
catalog or point-of-sale printed material pertaining to general service 
fluorescent lamps, medium base compact fluorescent lamps, or general 
service incandescent lamps (including incandescent reflector lamps), 
that were manufactured prior to May 15, 1995; except that any 
representations respecting the energy consumption, energy efficiency, 
or water use of any covered product or other consumer appliance 
product, or respecting the cost of energy consumed or water used by 
such product, are subject to the requirements of paragraph (d) of this 
section.
* * * * *
    5. Section 305.5 is amended by revising paragraph (b) and by adding 
paragraph (c) to read as follows:


Sec. 305.5  Determinations of estimated annual energy consumption, 
estimated annual operating cost, and energy efficiency rating, and of 
water use rate.

* * * * *
    (b) Manufacturers and private labelers of any covered product that 
is a general service fluorescent lamp, medium base compact fluorescent 
lamp, or general service incandescent lamp (including an incandescent 
reflector lamp), must, for any representation of the design voltage, 
wattage, light output or life of such lamp or for any representation 
made by the encircled ``E'' that such a lamp is in compliance with an 
applicable standard established by section 325 of the Act, possess and 
rely upon a reasonable basis consisting of competent and reliable 
scientific tests substantiating the representation. For representations 
of the light output and life ratings of any covered product that is a 
medium base compact fluorescent lamp or incandescent lamp (including an 
incandescent reflector lamp), the Commission will accept as a 
reasonable basis competent and reliable scientific tests conducted 
according to the following applicable IES test protocols that 
substantiate the representations:

For measuring light output (in lumens):                                 
  General Service Fluorescent............................  IES LM 9     
  Compact Fluorescent....................................  IES LM 66    
  General Service Incandescent                                          
    (Other than Reflector Lamps).........................  IES LM 45    
  General Service Incandescent                                          
    (Reflector Lamps)....................................  IES LM 20    
For measuring laboratory life (in hours):                               
  General Service Fluorescent............................  IES LM 40    
  Compact Fluorescent....................................  IES LM 65    
  General Service Incandescent                                          
    (Other than Reflector Lamps).........................  IES LM 49    
  General Service Incandescent                                          
    (Reflector Lamps)....................................  IES LM 49    
                                                                        

    (c) Procedures for determining the water use rates of covered 
products are those found in the following standards:
    (1) Showerheads and faucets--- ASME A112.18.1M-1989, Plumbing 
Fixture Fittings. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR Part 51. Copies of ASME A112.18.1M may be obtained from the 
American Society of Mechanical Engineers, 345 East 47th Street, New 
York, NY 10017, or may be inspected at the Federal Trade Commission, 
room 130, 600 Pennsylvania Avenue, N.W., Washington, DC, or at the 
Office of the Federal Register, suite 700, 800 North Capitol Street, 
N.W., Washington, DC.
    (2) Water closets and urinals--ASME A112.19.2M-1990, Vitreous China 
Plumbing Fixtures. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR Part 51. Copies of ASME A112.19.2M may be obtained from the 
American Society of Mechanical Engineers, 345 East 47th Street, New 
York, NY 10017, or may be inspected at the Federal Trade Commission, 
room 130, 600 Pennsylvania Avenue, N.W., Washington, DC, or at the 
Office of the Federal Register, suite 700, 800 North Capitol Street, 
N.W., Washington, DC.
    6. Section 305.6 is revised to read as follows:


Sec. 305.6  Sampling.

    (a) For any covered product (except general service fluorescent 
lamps, medium base compact fluorescent lamps, and general service 
incandescent lamps, including incandescent reflector lamps), any 
representation with respect to or based upon a measure or measures of 
energy consumption incorporated into Sec. 305.5 shall be based upon the 
sampling procedures set forth in Sec. 430.23 of 10 CFR Part 430, 
Subpart B.
    (b) For any covered product that is a medium base compact 
fluorescent lamp or a general service incandescent lamp (including an 
incandescent reflector lamp), any representation of design voltage, 
wattage, light output or life and, for any covered product that is a 
general service fluorescent lamp or incandescent reflector lamp, any 
representation made by the encircled ``E'' that such lamp is in 
compliance with an applicable standard established by section 325 of 
the Act shall be based upon tests using a competent and reliable 
scientific sampling procedure. The Commission will accept ``Military 
Standard 105--Sampling Procedures and Tables for Inspection by 
Attributes'' as such a sampling procedure.
    7. Section 305.8 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec. 305.8  Submission of data.

    (a)(1) Each manufacturer of a covered product (except manufacturers 
of fluorescent lamp ballasts, showerheads, faucets, water closets, 
urinals, general service fluorescent lamps, medium base compact 
fluorescent lamps, or general service incandescent lamps including 
incandescent reflector lamps) shall submit annually to the Commission a 
report listing the estimated annual energy consumption (for 
refrigerators, refrigerator-freezers, freezers, clothes washers, 
dishwashers and water heaters) or the energy efficiency rating (for 
room air conditioners, central air conditioners, heat pumps, furnaces, 
and pool heaters) for each basic model in current production, 
determined according to Sec. 305.5 and statistically verified according 
to Sec. 305.6. The report must also list, for each basic model in 
current production: the model numbers for each basic model; the total 
energy consumption, determined in accordance with Sec. 305.5, used to 
calculate the estimated annual energy consumption or energy efficiency 
rating; the number of tests performed; and, its capacity, determined in 
accordance with Sec. 305.7. For those models that use more than one 
energy source or more than one cycle, each separate amount of energy 
consumption or energy cost, measured in accordance with Sec. 305.5, 
shall be listed in the report. Appendix K illustrates a suggested 
reporting format. Starting serial numbers or other numbers identifying 
the date of manufacture of covered products shall be submitted whenever 
a new basic model is introduced on the market.
    (2) Each manufacturer of a covered fluorescent lamp ballast shall 
submit annually to the Commission a report for each basic model of 
fluorescent lamp ballast in current production. The report shall 
contain the following information:
    (i) Name and address of manufacturer;
    (ii) All trade names under which the fluorescent lamp ballast is 
marketed;
    (iii) Model number;
    (iv) Starting serial number, date code or other means of 
identifying the date of manufacture (date of manufacture information 
must be included with only the first submission for each basic model);
    (v) Nominal input voltage and frequency;
    (vi) Ballast efficacy factor; and
    (vii) Type (F40T12, F96T12 or F96T12HO) and number of lamp or lamps 
with which the fluorescent lamp ballast is designed to be used.
    (3) Each manufacturer of a covered product that is a general 
service fluorescent lamp, medium base compact fluorescent lamp, or 
general service incandescent lamp (including an incandescent reflector 
lamp), shall submit annually to the Commission a report for each lamp 
type in current production. The report shall contain the following 
information:
    (i) Name and address of manufacturer;
    (ii) All trade names under which the lamp is marketed;
    (iii) Model number;
    (iv) Starting serial number, date code or other means of 
identifying the date of manufacture (date of manufacture information 
must be included with only the first submission for each lamp type); 
and
    (v) For all covered lamps, the test results for the lamp's wattage 
and light output ratings and, in addition, for all covered fluorescent 
lamps, the test results for the lamp's color rendering index.
    (4) Each manufacturer of a covered showerhead, faucet, water closet 
or urinal shall submit annually to the Commission a report for each 
basic model of such products in current production. The report shall 
contain the following information:
    (i) Name and address of manufacturer;
    (ii) All trade names under which the product is marketed;
    (iii) Model number;
    (iv) Starting serial number, date code or other means of 
identifying the date of manufacture (date of manufacture information 
must be included with only the first submission for each basic model);
    (v) The product's water use, expressed in gallons and liters per 
flush (gpf/Lpf) or gallons and liters per minute (gpm/Lpm) or per cycle 
(gpc/Lpc) as determined in accordance with Sec. 305.5.
    (b) All data required by Sec. 305.8(a) except serial numbers shall 
be submitted to the Commission annually, on or before the following 
dates:

------------------------------------------------------------------------
                                                            Deadline for
                     Product category                           data    
                                                             submission 
------------------------------------------------------------------------
Refrigerators.............................................  Aug. 1      
Refrigerator-freezers.....................................  Aug. 1      
Freezers..................................................  Aug. 1      
Central air conditioners..................................  July 1      
Heat pumps................................................  July 1      
Dishwashers...............................................  June 1      
Water heaters.............................................  May 1       
Room air conditioners.....................................  May 1       
Furnaces..................................................  May 1       
Pool heaters..............................................  May 1       
Clothes washers...........................................  Mar. 1      
Fluorescent lamp ballasts.................................  Mar. 1      
Showerheads...............................................  Mar. 1      
Faucets...................................................  Mar. 1      
Water closets.............................................  Mar. 1      
Urinals...................................................  Mar. 1      
Fluorescent lamps.........................................  Mar. 1      
                                                            [Stayed]    
Medium Base Compact Fluorescent Lamps.....................  Mar. 1      
                                                            [Stayed]    
Incandescent Lamps, incl. Reflector Lamps.................  Mar. 1      
                                                            [Stayed]    
------------------------------------------------------------------------

    All revisions to such data (both additions to and deletions from 
the preceding data) shall be submitted to the Commission as part of the 
next annual report period.
* * * * *
    8. Section 305.11 is amended by revising the heading of paragraph 
(a), by revising paragraph (e), and by adding paragraph (f) to read as 
follows:


Sec. 305.11  Labeling for covered products.

    (a) Labels for covered products other than fluorescent lamp 
ballasts, general service fluorescent lamps, medium base compact 
fluorescent lamps, general service incandescent lamps (including 
incandescent reflector lamps), showerheads, faucets, water closets and 
urinals--
    (1) * * *
    (2) * * *
    (3) * * *
    (4) * * *
    (5) * * *
* * * * *
    (e) Lamps--
    (1)(i) Any covered product that is a compact fluorescent lamp or 
general service incandescent lamp (including an incandescent reflector 
lamp) shall be labeled clearly and conspicuously on the product's 
principal display panel with the following information:
    (A) The number of lamps included in the package, if more than one;
    (B) The design voltage of each lamp included in the package, if 
other than 120 volts;
    (C) The light output of each lamp included in the package, 
expressed in average initial lumens;
    (D) The electrical power consumed (energy used) by each lamp 
included in the package, expressed in average initial wattage;
    (E) The life of each lamp included in the package, expressed in 
hours.
    (ii) The light output, energy usage and life ratings of any covered 
product that is a medium base compact fluorescent lamp or general 
service incandescent lamp (including an incandescent reflector lamp), 
shall appear in that order and with equal clarity and conspicuousness 
on the product's principal display panel. The light output, energy 
usage and life ratings shall be disclosed in terms of ``lumens,'' 
``watts'' and ``hours'' respectively, with the lumens, watts and hours 
rating numbers each appearing in the same type style and size and with 
the words ``lumens,'' ``watts'' and ``hours'' each appearing in the 
same type style and size. The words ``light output,'' ``energy used'' 
and ``life'' shall precede and have the same conspicuousness as both 
the rating numbers and the words ``lumens,'' ``watts'' and ``hours,'' 
except that the letters of the words ``lumens,'' ``watts'' and 
``hours'' shall be approximately 50% of the sizes of those used for the 
words ``light output,'' ``energy used'' and ``life'' respectively.
    (iii) The light output, energy usage and life ratings of any 
covered product that is a medium base compact fluorescent lamp or 
general service incandescent lamp (including an incandescent reflector 
lamp), shall be measured at 120 volts, regardless of the lamp's design 
voltage. If a lamp's design voltage is other than 120 volts, the 
disclosures of the wattage, light output and life ratings shall in each 
instance be followed by the phrase ``at 120 volts.'' Labels for lamps 
with design voltages other than 120 volts also may disclose the lamps' 
wattage, light output and life at the designed voltage (e.g., ``Light 
Output 1710 Lumens at 125 volts'').
    (iv) For any covered product that is an incandescent reflector 
lamp, the required disclosure of light output shall be given for the 
lamp's beam spread and be followed clearly and conspicuously by the 
phrase ``at beam spread.''
    (v) For any covered product that is a compact fluorescent lamp, the 
required light output disclosure shall be measured at a base-up 
position; but, if the manufacturer or private labeler has reason to 
believe that the light output at a base-down position would be more 
than 5% different, the label also shall disclose the light output at 
the base-down position or, if no test data for the base-down position 
exist, the fact that at a base-down position the light output might be 
more than 5% less.
    (vi) For any covered product that is a compact fluorescent lamp or 
a general service incandescent lamp (including an incandescent 
reflector lamp), there shall be clearly and conspicuously disclosed on 
the principal display panel the following statement:

    To save energy costs, find the bulbs with the light output you 
need, then choose the one with the lowest watts.

    (vii) For any covered product that is a general service 
incandescent lamp and operates with multiple filaments, the principal 
display panel shall disclose clearly and conspicuously, in the manner 
required by paragraph (e)(1)(i)-(iii) and (vi) of this section, the 
lamp's wattage and light output at each of the lamp's levels of light 
output and the lamp's life measured on the basis of the filament that 
fails first.
    (2) Any covered product that is a general service fluorescent lamp 
or an incandescent reflector lamp shall be labeled clearly and 
conspicuously with a capital letter ``E'' printed within a circle and 
followed by an asterisk. The label shall also clearly and conspicuously 
disclose, either in close proximity to that asterisk or elsewhere on 
the label, the following statement:

    *[The encircled ``E''] means this bulb meets Federal minimum 
efficiency standards.

If the statement is not disclosed on the principal display panel, the 
asterisk shall be followed by the following statement:

    *See [Back, Top, Side] panel for details.

    (i) For purposes of this section of the Rule, the encircled capital 
letter ``E'' shall be clearly and conspicuously disclosed in color-
contrasting ink on the label of any covered product that is a general 
service fluorescent lamp and will be deemed ``conspicuous,'' in terms 
of size, if it appears in typeface at least as large as either the 
manufacturer's name or logo or another logo disclosed on the label, 
such as the ``UL'' or ``ETL'' logos, whichever is larger.
    (ii) Instead of labeling any covered product that is a general 
service fluorescent lamp with the encircled ``E'' and with the 
statement described in paragraph (e)(2) of this section of the Rule, a 
manufacturer or private labeler who would not otherwise put a label on 
such a lamp may meet the disclosure requirements of that paragraph by 
permanently marking the lamp clearly and conspicuously with the 
encircled ``E.''
    (3) Any manufacturer or private labeler who makes any 
representation on a label of any covered product that is a general 
service fluorescent lamp, medium base compact fluorescent lamp, or 
general service incandescent lamp (including an incandescent reflector 
lamp), regarding the cost of operation of such lamp shall clearly and 
conspicuously disclose in close proximity to such representation the 
assumptions upon which it is based, including, e.g., purchase price, 
unit cost of electricity, hours of use, patterns of use.
    (4) Any cartons in which any covered products that are general 
service fluorescent lamps, medium base compact fluorescent lamps, or 
general service incandescent lamps (including incandescent reflector 
lamps), are shipped within the United States or imported into the 
United States shall disclose clearly and conspicuously the following 
statement:
    These lamps comply with Federal energy efficiency labeling 
requirements.
    (f) Plumbing Fixtures--(1) Showerheads and Faucets. Showerheads and 
faucets shall be marked and labeled as follows:
    (i) Each showerhead and flow restricting or controlling spout end 
device shall bear a permanent legible marking indicating the flow rate, 
expressed in gallons per minute (gpm) or gallons per cycle (gpc), and 
the flow rate value shall be the actual flow rate or the maximum flow 
rate specified by the standards established in subsection (j) of 
section 325 of the Act, 42 U.S.C. 6295(j). Except where impractical due 
to the size of the fitting, each flow rate disclosure shall also be 
given in liters per minute (Lpm) or liters per cycle (Lpc). For 
purposes of this section, the marking indicating the flow rate will be 
deemed ``legible,'' in terms of placement, if it is located in close 
proximity to the manufacturer's identification marking.
    (ii) Each showerhead and faucet shall bear a permanent legible 
marking to identify the manufacturer. This marking shall be the trade 
name, trademark, or other mark known to identify the manufacturer. Such 
marking shall be located where it can be seen after installation.
    (iii) Each showerhead and faucet shall be marked ``A112.18.1M'' to 
demonstrate compliance with the applicable ASME standard. The marking 
shall be by means of either a permanent mark on the product, a label on 
the product, or a tag attached to the product.
    (iv) The package for each showerhead and faucet shall disclose the 
manufacturer's name and the model number.
    (v) The package or any label attached to the package for each 
showerhead or faucet shall contain at least the following: 
``A112.18.1M'' and the flow rate expressed in gallons per minute (gpm) 
or gallons per cycle (gpc), and the flow rate value shall be the actual 
flow rate or the maximum flow rate specified by the standards 
established in subsection (j) of section 325 of the Act, 42 U.S.C. 
6295(j). Each flow rate disclosure shall also be given in liters per 
minute (Lpm) or liters per cycle (Lpc).
    (2) Water Closets and Urinals. Water closets and urinals shall be 
marked and labeled as follows:
    (i) Each such fixture (and flushometer valve associated with such 
fixture) shall bear a permanent legible marking indicating the flow 
rate, expressed in gallons per flush (gpf), and the water use value 
shall be the actual water use or the maximum water use specified by the 
standards established in subsection (k) of section 325 of the Act, 42 
U.S.C. 6295(k). Except where impractical due to the size of the 
fixture, each flow rate disclosure shall also be given in liters per 
flush (Lpf). For purposes of this section, the marking indicating the 
flow rate will be deemed ``legible,'' in terms of placement, if it is 
located in close proximity to the manufacturer's identification 
marking.
    (ii) Each water closet (and each component of the water closet if 
the fixture is comprised of two or more components) and urinal shall be 
marked with the manufacturer's name or trademark or, in the case of 
private labeling, the name or registered trademark of the customer for 
whom the unit was manufactured. This mark shall be legible, readily 
identified, and applied so as to be permanent. The mark shall be 
located so as to be visible after the fixture is installed, except for 
fixtures built into or for a counter or cabinet.
    (iii) Each water closet (and each component of the water closet if 
the fixture is comprised of two or more components) and urinal shall be 
marked at a location determined by the manufacturer with the 
designation ``ASME A112.19.2M'' to signify compliance with the 
applicable standard. This mark need not be permanent, but shall be 
visible after installation.
    (iv) The package, and any labeling attached to the package, for 
each water closet and urinal shall disclose the flow rate, expressed in 
gallons per flush (gpf), and the water use value shall be the actual 
water use or the maximum water use specified by the standards 
established in subsection (k) of section 325 of the Act, 42 U.S.C. 
6295(k). Each flow rate disclosure shall also be given in liters per 
flush (Lpf).
    (v) With respect to any gravity tank-type white 2-piece toilet 
offered for sale or sold before January 1, 1997, which has a water use 
greater than 1.6 gallons per flush (gpf), any printed matter 
distributed or displayed in connection with such product (including 
packaging and point-of-sale material, catalog material, and print 
advertising) shall include, in a conspicuous manner, the words ``For 
Commercial Use Only.''
    (3) Annual Operating Cost Claims for Covered Plumbing Products. 
Until such time as the Commission has prescribed a format and manner of 
display for labels conveying estimated annual operating costs of 
covered showerheads, faucets, water closets, and urinals or ranges of 
estimated annual operating costs for the types or classes of such 
plumbing products, the Act prohibits manufacturers from making such 
representations on the labels of such covered products. 42 U.S.C. 
6294(c)(8). If, before the Commission has prescribed such a format and 
manner of display for labels of such products, a manufacturer elects to 
provide for any such product a label conveying such a claim, it shall 
submit the proposed claim to the Commission so that a format and manner 
of display for a label may be prescribed.
    9. In Sec. 305.13, paragraphs (a)(1) and (3) are revised and 
paragraph (a)(4) is added to read as follows:


Sec. 305.13  Promotional materials displayed or distributed at point of 
sale.

    (a)(1) Any manufacturer, distributor, retailer or private labeler 
who prepares printed material for display or distribution at point of 
sale concerning a covered product (except fluorescent lamp ballasts, 
general service fluorescent lamps, medium base compact fluorescent 
lamps, or general service incandescent lamps including incandescent 
reflector lamps, showerheads, faucets, water closets or urinals) shall 
clearly and conspicuously include in such printed material the 
following required disclosure:

    Before purchasing this appliance, read important information 
about its estimated annual energy consumption or energy efficiency 
rating that is available from your retailer.
* * * * *
    (3) Any manufacturer, distributer, retailer, or private labeler who 
prepares printed material for display or distribution at point of sale 
concerning a covered product that is a general service fluorescent 
lamp, medium base compact fluorescent lamp, or general service 
incandescent lamp (including an incandescent reflector lamp), and who 
makes any representation in such promotional material regarding the 
cost of operation of such lamp shall clearly and conspicuously disclose 
in close proximity to such representation the assumptions upon which it 
is based, including, e.g., purchase price, unit cost of electricity, 
hours of use, and patterns of use.
    (4) Any manufacturer, distributor, retailer or private labeler who 
prepares printed material for display or distribution at point of sale 
concerning a covered product that is a showerhead, faucet, water 
closet, or urinal shall clearly and conspicuously include in such 
printed material the product's water use, expressed in gallons and 
liters per minute (gpm/Lpm) or per cycle (gpc/Lpc) or gallons and 
liters per flush (gpf/Lpf), as specified in Sec. 305.11(e).
* * * * *
    10. Section 305.14 is amended by revising paragraph (a) 
introductory text, by revising paragraph (c), and by adding paragraph 
(d), to read as follows:


Sec. 305.14  Catalogs.

    (a) Any manufacturer, distributor, retailer, or private labeler who 
advertises in a catalog a covered product (except fluorescent lamp 
ballasts, general service fluorescent lamps, medium base compact 
fluorescent lamps, general service incandescent lamps including 
incandescent reflector lamps, showerheads, faucets, water closets or 
urinals) shall include in such catalog, on each page that lists the 
covered product, the following information required to be disclosed on 
the label:
* * * * *
    (c)(1) Any manufacturer, distributor, retailer, or private labeler 
who advertises in a catalog a covered product that is a general service 
fluorescent lamp, medium base compact fluorescent lamp, or general 
service incandescent lamp (including an incandescent reflector lamp), 
shall disclose clearly and conspicuously in such catalog:
    (i) On each page listing any covered product that is a compact 
fluorescent lamp or a general service incandescent lamp (including an 
incandescent reflector lamp), all the information concerning that lamp, 
except for the number of units in the package, required by 
Sec. 305.11(e)(1) of this part to be disclosed on the lamp's label; 
provided, however, that, for a catalog not distributed to consumers for 
making purchases for personal use or consumption by individuals, the 
disclosures need not comply with the format provisions of Sec. 305.11 
(e)(1)(ii) of this part, but must be clear and conspicuous; and
    (ii) On each page listing a covered product that is a general 
service fluorescent lamp or an incandescent reflector lamp, all the 
information required by Sec. 305.11(e)(2) of this part to be disclosed 
on the lamp's label according to the following format:
    (A) The encircled ``E'' shall appear with each lamp entry; and
    (B) The accompanying statement shall appear at least once on the 
page.
    (2) Any manufacturer, distributor, retailer, or private labeler who 
advertises a covered product that is a general service fluorescent 
lamp, medium base compact fluorescent lamp, or general service 
incandescent lamp (including an incandescent reflector lamp), in a 
catalog who makes any representation in such catalog regarding the cost 
of operation of such lamp shall clearly and conspicuously disclose in 
close proximity to such representation the assumptions upon which it is 
based, including, e.g., purchase price, unit cost of electricity, hours 
of use, patterns of use.
    (d) Any manufacturer, distributor, retailer, or private labeler who 
advertises a covered product that is a showerhead, faucet, water closet 
or urinal in a catalog, from which it may be purchased, shall include 
in such catalog, on each page that lists the covered product, the 
product's water use, expressed in gallons and liters per minute (gpm/
Lpm) or per cycle (gpc/Lpc) or gallons and liters per flush (gpf/Lpf) 
as specified in Sec. 305.11(e).
    11. Section 305.15 is amended by revising paragraph (b) to read as 
follows:


Sec. 305.15.  Test data records.

* * * * *
    (b) Upon notification by the Commission or its designated 
representative, a manufacturer or private labeler shall provide, within 
30 days of the date of such request, the underlying test data from 
which the water use or energy consumption rate, the energy efficiency 
rating, the estimated annual cost of using each basic model, or the 
light output, energy usage and life ratings and, for fluorescent lamps, 
the color rendering index, for each basic model or lamp type were 
derived.
* * * * *
    12. Section 305.16 is revised to read as follows:


Sec. 305.16  Required testing by designated laboratory.

    Upon notification by the Commission or its designated 
representative, a manufacturer of a covered product shall supply, at 
the manufacturer's expense, no more than two of each model of each 
product to a laboratory, which will be identified by the Commission or 
its designated representative in the notice, for the purpose of 
ascertaining whether the estimated annual energy consumption, the 
estimated annual operating cost, or the energy efficiency rating, or 
the light output, energy usage and life ratings or, for general service 
fluorescent lamps, the color rendering index, disclosed on the label or 
fact sheet or in an industry directory, or, as required in a catalog, 
or the representation made by the label that the product is in 
compliance with applicable standards in section 325 of the Act, 42 
U.S.C. 6295, is accurate. Such a procedure will only be followed after 
the Commission or its staff has examined the underlying test data 
provided by the manufacturer as required by Sec. 305.15(b) and after 
the manufacturer has been afforded the opportunity to reverify test 
results from which the estimated annual energy consumption, the 
estimated annual operating cost, or the energy efficiency rating for 
each basic model was derived, or the light output, energy usage and 
life ratings or, for general service fluorescent lamps, the color 
rendering index, for each basic model or lamp type was derived. A 
representative designated by the Commission shall be permitted to 
observe any reverification procedures required by this part, and to 
inspect the results of such reverification. The Commission will pay the 
charges for testing by designated laboratories.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 94-31910 Filed 12-28-94; 8:45 am]
BILLING CODE 6750-01-P