[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Proposed Rules]
[Pages 1779-1792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00113]


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

FEDERAL TRADE COMMISSION

16 CFR Part 305

[3084-AB15]


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 (``FTC'' or ``Commission'').

ACTION: Proposed Rule and Proposed Conditional Exemption.

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

SUMMARY: The Commission proposes to amend the Appliance Labeling Rule 
(``Rule'') by updating ranges of comparability and unit energy cost 
figures for many EnergyGuide labels. The Commission also seeks comment 
on a proposed exemption request by the Association of Home Appliance 
Manufacturers (AHAM) to help consumers compare the labels on 
refrigerators and clothes washers after the implementation of upcoming 
changes to the Department of Energy test procedures for those products.

DATES: Comments must be received by March 1, 2013.

ADDRESSES: Interested parties may file a comment online or on paper by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Energy Label Ranges, 
Matter No. R611004'' on your comment, and file your comment online at 
https://ftcpublic.commentworks.com/ftc/energylabelranges by following 
the instructions on the Web-based form. If you prefer to file your 
comment on paper, mail or deliver your comment to the following 
address: Federal Trade Commission, Office of the Secretary, Room H-113 
(Annex U), 600 Pennsylvania Avenue NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326-2889, 
Attorney, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, Room M-8102B, 600 Pennsylvania Avenue NW., 
Washington, DC 20580.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Commission issued the Appliance Labeling Rule (``Rule'') in 
1979,\1\ in response to a directive in the Energy Policy and 
Conservation Act of 1975 (EPCA).\2\ The Rule requires energy labeling 
for major home appliances and other consumer products, to help 
consumers compare competing models. When first published, the Rule 
applied to eight categories: refrigerators, refrigerator-freezers, 
freezers, dishwashers, water heaters, clothes washers, room air 
conditioners, and furnaces. The Commission subsequently expanded the 
Rule's coverage to include central air conditioners, heat pumps, 
plumbing products, lighting products, ceiling fans, and televisions. 
The Commission is currently conducting a regulatory review of the 
Rule.\3\
---------------------------------------------------------------------------

    \1\ 44 FR 66466 (Nov. 19, 1979) (Rule's initial promulgation).
    \2\ 42 U.S.C. 6294. EPCA also requires the Department of Energy 
(``DOE'') to develop test procedures that measure how much energy 
appliances use, and to determine the representative average cost a 
consumer pays for different types of energy.
    \3\ 77 FR 15298 (Mar. 15, 2012) (regulatory review). The 
Commission currently has two other open proceedings related to other 
proposed amendments for the Rule. See 77 FR 33337 (June 6, 2012) 
(proposed changes to furnace and central air conditioner labels); 76 
FR 45715 (Aug. 1, 2011) (proposed expanded light bulb coverage).
---------------------------------------------------------------------------

    The Rule requires manufacturers to attach yellow EnergyGuide labels 
on many of these products, and prohibits retailers from removing the 
labels or rendering them illegible. In addition, the Rule directs 
sellers, including retailers, to post label information on Web sites 
and in paper catalogs from which consumers can order products. 
EnergyGuide labels for covered appliances must contain three key 
disclosures: estimated annual energy cost (for most products); a 
product's energy consumption or energy efficiency rating as determined 
from Department of Energy (DOE) test procedures; and a comparability 
range displaying the highest and lowest energy costs or efficiency 
ratings for all similar models. For energy cost calculations, the Rule 
specifies national average costs for applicable energy sources (e.g., 
electricity, natural gas, oil) as calculated by DOE. The Rule sets a 
five-year schedule for updating range of comparability and annual 
energy cost information.\4\ The Commission updates the range 
information based on manufacturer data submitted pursuant to the Rule's 
reporting requirements.
---------------------------------------------------------------------------

    \4\ 16 CFR 305.10.
---------------------------------------------------------------------------

II. Proposed Amendments

    As discussed below, the Commission proposes to update the 
comparability ranges (Appendices A-J to Part 305) and national average 
energy cost figures (Appendix K to Part 305) for many EnergyGuide 
labels consistent with its five-year schedule. This Notice also 
contains several minor, proposed revisions and updates to the label's 
content, some of which were suggested by commenters as part of the 
Commission's ongoing regulatory review. To avoid requiring multiple 
label revisions within a short time period, the Commission proposes to 
require these label content changes concurrently with the range 
updates. Finally, the Commission proposes to grant a request from the 
Association of Home Appliance Manufacturers (AHAM) seeking an exemption 
related to labeling requirements for refrigerators, refrigerator-
freezers, and freezers (hereinafter referred to as ``refrigerators''), 
and clothes washers to

[[Page 1780]]

address recent DOE test procedure changes.

A. Comparability Range and Energy Cost Revisions

    In accordance with the Rule's five-year schedule for label updates, 
the Commission publishes proposed revisions to the comparability range 
and energy cost information for many products bearing EnergyGuide 
labels.\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.\6\ In addition, the Commission is 
updating the average energy cost figures (e.g., 12 cents per kWh) 
manufacturers must use to calculate a model's estimated energy cost for 
the label based on national average cost figures published by DOE.\7\ 
To effect these changes, the Commission proposes amendments to the 
applicable tables in the Rule's appendices. Manufacturers must begin 
using this new information within 90 days after publication of a final 
notice in this proceeding. To aid manufacturers in transitioning to the 
new ranges, FTC staff will provide sample label template files on its 
Web site.\8\
---------------------------------------------------------------------------

    \5\ 16 CFR 305.10.
    \6\ In addition to revising existing comparability ranges, the 
Commission proposes to include a new range for instantaneous 
electric water heaters (Appendix D6).
    \7\ 77 FR 29940 (Apr. 26, 2012) (DOE notice for ``Representative 
Average Unit Costs of Energy'').
    \8\ The Commission will also update the prototype and sample 
labels in the Rule's appendices to reflect the new range and cost 
information as well as the minor label content changes proposed in 
this Notice when it publishes a final rule regarding the ranges.
---------------------------------------------------------------------------

    At this time, the Commission does not propose to alter range and 
cost information for EnergyGuide labels on four product categories 
(refrigerators, clothes washers, furnaces and central air conditioners, 
and televisions) given upcoming DOE regulatory changes applicable to 
those products.\9\ Instead, the Commission proposes waiting to 
synchronize the changes with the impending DOE regulations. By doing 
so, the Commission would avoid several label changes in a short time 
period, a practice that could confuse consumers and burden 
manufacturers.
---------------------------------------------------------------------------

    \9\ For refrigerators and clothes washers, as discussed in 
Section II.B. below, the Commission proposes to update range and 
cost information after the upcoming implementation of revised DOE 
standards and test procedures, which will significantly change 
energy use data for those products. See infra note 19. Similarly, 
for furnace and central air conditioner labels, the Commission 
recently announced plans to issue range data to coincide with new 
DOE efficiency standards scheduled to become effective next year. 77 
FR 33337 (June 6, 2012) (proposed FTC rule). Finally, for 
televisions, the Commission will issue revisions to the television 
ranges in 16 CFR 305.17 after DOE adopts a recently proposed test 
procedure. 77 FR 2830 (Jan. 19, 2012) (proposed DOE test procedure). 
The Commission will also establish an annual reporting schedule for 
television manufacturers at that time. EPCA requires annual 
reporting based on DOE test procedures. Because no DOE television 
test procedure currently exists, the Rule currently contains no 
reporting requirements. 42 U.S.C. 6296(b)(4) (FTC annual reporting 
requirements tied to DOE test procedure); 16 CFR 305.8 (FTC 
reporting requirements). In addition, these amendments do not affect 
recently revised labeling requirements for lighting products. 75 FR 
41696 (July 19, 2010). The Rule has separate provisions in Sec.  
305.15 for energy cost disclosures on lighting products.
---------------------------------------------------------------------------

B. Proposed Revisions and Updates to Label Content

    In addition to the proposed range and cost updates, the proposed 
amendments contain five minor label changes to simplify and improve the 
disclosures. The Commission also seeks comment on the possible 
elimination of range information on television labels. Finally, the 
Commission seeks comment on the potential increase in the frequency of 
changes to range and cost information on all EnergyGuide labels.
    First, consistent with recently implemented FTC labeling 
requirements for light bulb and television labels,\10\ the proposed 
rule rounds to the nearest cent the national average electricity (12 
cents per kWh) and natural gas ($1.06 per therm) cost figures (in 
Appendix K) used to calculate the label's estimated annual operating 
(energy) cost. In the past, the Rule has expressed these figures as a 
fraction of a cent (e.g., 11.85 cents per kWh). A cost figure rounded 
to cents should be more familiar to consumers and should not have any 
negative impact on the label's utility because any differences in cost 
from such rounding will be very small and apply to all models.\11\
---------------------------------------------------------------------------

    \10\ 75 FR 41696 (July 19, 2010) (light bulbs); 76 FR 1038 (Jan. 
6, 2011) (televisions).
    \11\ DOE's 2012 national average energy cost data lists 
electricity at 11.84 cents/kWh. 77 FR 24940 (Apr. 26, 2012) (DOE 
fuel cost update). Accordingly, the FTC's proposed amendments 
require manufacturers to use 12 cents/kWh in calculating energy cost 
for affected labels.
---------------------------------------------------------------------------

    Second, also consistent with the recent television and light bulb 
labeling requirements, the proposed amendments further simplify the 
label's cost disclosure by eliminating reference to the cost rate's 
year in Sec.  305.11(f). Currently, the label identifies the year of 
the underlying energy cost rate (e.g., ``based on a 2007 national 
average electricity cost of 10 cents per kWh''). This date remains on 
the label for five years. For example, labels for a product introduced 
in 2011 state that the cost figure derives from a 2007 national 
average. However, because energy rates can increase and decrease from 
year to year, the benefit of disclosing this detail on the label does 
not appear significant. More importantly, this disclosure could cause 
confusion. For instance, the ``2007'' reference in the example above 
may incorrectly suggest to some consumers that the product itself was 
produced in 2007. To avoid these problems, the Commission proposes to 
eliminate the reference to the year. The label would simply read 
``based on a national average electricity cost of * * *.''
    Third, based on comments in the ongoing regulatory review for the 
Rule, the Commission proposes to include a new disclosure on room air 
conditioners (Sec.  305.11(f)) explaining that the cost estimate is 
based on an assumed 750 hours of operation a year.\12\ Similar 
estimates already appear on other labels (e.g., four loads per week for 
dishwashers and five hours per day for televisions). This change should 
help consumers gauge the product's estimated energy cost in the context 
of their own use. Fourth, the amendments replace the term ``operating 
cost'' with ``energy cost'' on EnergyGuide labels for appliances (Sec.  
305.11(f)). The term ``energy'' ties the disclosure directly to the 
label's purpose (i.e., disclosing the product's energy use) and is 
consistent with new labels for televisions and light bulbs. Finally, 
the amendments make a conforming change to the Web site address on the 
label, from www.ftc.gov/appliances to www.ftc.gov/energy.
---------------------------------------------------------------------------

    \12\ Joint Comments from Energy-Efficiency and Consumer 
Organizations (May 16, 2012) (560957-00015) available at 
http://www.ftc.gov/os/comments/energylabelamend/00015-83010.pdf.
---------------------------------------------------------------------------

    In addition to these minor changes, the Commission seeks comment on 
whether to retain range information on television labels.\13\ In 
comments related to the regulatory review of the overall Rule, the 
Consumer Electronics Association (CEA) argued that the comparability 
ranges on the EnergyGuide labels become obsolete soon after they are 
issued because the television market changes so frequently.\14\ As a 
result, the estimated energy costs for many models fall

[[Page 1781]]

outside the range depicted on the label, limiting the label's utility. 
CEA also noted that, in lieu of the ranges on labels, consumers can 
rely on other sources, including consumer and trade publications and 
product reviews, to obtain comparative energy information for 
televisions. In response, the Commission seeks comment on whether to 
eliminate range information from future updates of the television 
label. Comments should address whether range information is useful, 
whether the model's energy cost information provides an adequate 
comparative tool for consumers shopping in stores and online, and 
whether there are sufficient alternatives to provide comparability 
information to consumers.
---------------------------------------------------------------------------

    \13\ 16 CFR 305.17(f).
    \14\ CEA comments (May 16, 2012) (560957-00012) 
available at http://www.ftc.gov/os/comments/energylabelamend/560957-00012-83006.pdf. EPCA grants the Commission discretion to include 
(or exclude) range information for television labels. 42 U.S.C. 
6296(c)(9). However, once DOE issues a final test procedure, 
manufacturers will have to submit energy data whether or not the 
label displays a range. 42. U.S.C. 6296(b)(4).
---------------------------------------------------------------------------

    Finally, the Commission seeks comment on whether to update range 
and cost information more frequently than every five years.\15\ In 
comments on the regulatory review, several energy-efficiency 
organizations suggested that the FTC follow a three-year schedule to 
update national average energy cost figures and the comparison ranges 
for most products. They also recommended a two-year schedule for 
products with rapidly changing efficiencies and quicker sell-through 
periods, such as televisions.\16\ The commenters argued that the 
current schedule fails to keep pace with efficiency improvements of new 
models. Similarly, in their view, the five-year schedule does not 
update the label's average cost figures frequently enough. In support 
of these observations, the commenters noted recent dishwasher market 
changes brought on by new DOE standards as well as an approximately 10% 
increase in national average electricity costs over the last few years.
---------------------------------------------------------------------------

    \15\ 16 CFR 305.10(a).
    \16\ Joint Comments from Energy-Efficiency and Consumer 
Organizations (May 16, 2012) (560957-00015) available at 
http://www.ftc.gov/os/comments/energylabelamend/00015-83010.pdf.
---------------------------------------------------------------------------

    In establishing the five-year schedule, the Commission recognized 
the potential benefits of more frequent changes to cost and range 
information.\17\ However, the Commission concluded that the need for 
consistent label information is paramount and, on balance, deserves 
greater weight than the need for more frequent updates. In doing so, 
the Commission focused on the need to minimize frequent label changes, 
noting that inconsistent cost and range information for competing 
models in showrooms and catalogs can lead to consumer confusion and a 
lack of confidence in the label. In the Commission's view, the five-
year schedule strikes a reasonable balance between maintaining 
consistent disclosures and providing frequent updates. Accordingly, the 
Commission is not proposing to change the current schedule. However, 
the Commission seeks further comment on whether it should adopt the 
commenters' suggestions to implement a three-year schedule.
---------------------------------------------------------------------------

    \17\ 72 FR 49948, 49959 (Aug. 29, 2007) (rulemaking on 
effectiveness of the EnergyGuide label).
---------------------------------------------------------------------------

C. Proposed Conditional Exemption for Refrigerators and Clothes Washers

    In response to a request from the Association of Home Appliance 
Manufacturers (AHAM),\18\ the Commission proposes a conditional 
exemption and rule amendments for refrigerators and clothes washers. 
New DOE testing procedures for these products, issued in conjunction 
with new efficiency standards, change the methods for calculating a 
model's energy use and, as a result, will trigger substantial changes 
to the energy information disclosed on EnergyGuide labels.\19\ To aid 
consumers in their comparison shopping during this transition, the 
Commission proposes a distinct label for models tested under the new 
DOE procedure to be used both during this transition and afterward. In 
addition, the Commission proposes to allow manufacturers to begin 
labeling new models using the new DOE test procedures several months 
before the DOE compliance dates to ease the burden associated with 
transition to the new test procedures.\20\
---------------------------------------------------------------------------

    \18\ AHAM comments (July 17, 2012) (560957-00023) at 
http://www.ftc.gov/os/comments/energylabelamend/00023-83190.pdf and 
(Sept. 11, 2012) (560957-00025) at http://www.ftc.gov/os/comments/energylabelamend/560957-00025-84112.pdf.
    \19\ 76 FR 57516 (Sept. 15, 2011) (refrigerator standards); 77 
FR 3559 (Jan. 25, 2012) (refrigerator test procedure); 77 FR 32308 
(May 31, 2012) (clothes washer standards); 77 FR 13888 (Mar. 7, 
2012) (clothes washer test procedure). DOE rules require compliance 
with the new test procedures for all refrigerators by September 15, 
2014 and for all clothes washers by March 7, 2015.
    \20\ The Commission issued similar modifications in 2003 for 
clothes washer labels in response to changes in the DOE test 
procedure. 68 FR 23584 (May 5, 2003).
---------------------------------------------------------------------------

    AHAM submitted its request in anticipation of upcoming DOE energy 
conservation standards and test procedures for refrigerators (effective 
on September 15, 2014) and clothes washers (effective on March 7, 
2015). The new, more stringent conservation standards will render a 
substantial portion of existing refrigerator and clothes washer models 
obsolete. In addition, the updated test procedures will yield 
substantially different results than the current ones. According to 
AHAM, the new refrigerator test procedure will increase the measured 
energy use of refrigerators by approximately 14%, though the increase 
will vary between product classes, manufacturers, and even individual 
models.\21\ In addition, the new clothes washer test procedure bases 
annual energy use estimates on 295 cycles per year (approximately six 
per week), instead of the current 392 cycles (approximately eight per 
week), thus reducing stated energy costs on the EnergyGuide labels by 
about 25%.\22\
---------------------------------------------------------------------------

    \21\ AHAM comments (May 16, 2012) (560957-0013) at 
http://www.ftc.gov/os/comments/energylabelamend/00013-83038.pdf.
    \22\ See 77 FR 13888, 13933 (Mar. 7, 2012) (DOE clothes washer 
test procedure). The new DOE test procedure also includes the cost 
of energy consumed in non-active wash modes.
---------------------------------------------------------------------------

    AHAM notes that after manufacturers start to test their products 
using the new procedures, showrooms and Web sites will contain some 
models tested under the old procedure and others tested under the new 
one. In AHAM's view, the resulting mix of EnergyGuide labels could 
severely hamper consumers in making fair product comparisons.
    To help facilitate the transition to the new efficiency standards 
and to aid shoppers who compare products during this period, AHAM 
proposed two measures. First, it seeks permission to use the new DOE 
tests for labeling models introduced prior to DOE's compliance dates. 
Second, it recommends different, transitional EnergyGuide labels for 
these models, to help consumers distinguish products tested under the 
new procedure from those tested under the old one. Specifically, AHAM 
proposes that new labels contain blue (cyan) text and include the 
statement: ``Blue EnergyGuide Compares Only to Other Models with Blue 
EnergyGuides (due to new U.S. Government requirements).'' \23\ AHAM's 
members want to begin using the new test procedures and transitional 
labels for models introduced after January 1, 2014 for refrigerators, 
and June 1, 2014 for clothes washers. AHAM also requested that the 
Commission continue to require this modified label for products tested 
under the new procedure until DOE makes another substantial change to 
the test procedure in the future.
---------------------------------------------------------------------------

    \23\ AHAM comments (Sept. 11, 2012) (560957-00025) at 
http://www.ftc.gov/os/comments/energylabelamend/560957-00025-84112.pdf. In those comments, AHAM also recommended that the 
Commission omit a comparability range scale from the label until 
data from the new test procedures becomes available.
---------------------------------------------------------------------------

    AHAM contends that these proposals will reduce burdens associated 
with upcoming regulatory changes, avoid

[[Page 1782]]

consumer confusion, and encourage early introduction of high-efficiency 
models. The Commission generally agrees. The proposal should reduce 
burdens by allowing refrigerator and clothes washer manufacturers to 
roll out new high-efficiency models well before the DOE compliance date 
and thus avoid the logistical complications associated with designing, 
producing, and testing many models at the same time.\24\ In addition, 
using transitional labels will avoid the display of a misleading mix of 
test results on EnergyGuide labels. Lastly, early compliance will 
provide an incentive for manufacturers to introduce models that meet 
the more stringent energy standards sooner, thus providing consumers 
with more high-efficiency choices.\25\
---------------------------------------------------------------------------

    \24\ To facilitate the early introduction of these higher-
efficiency models, DOE has announced that manufacturers may certify 
these models with DOE using the new test procedures, thus relieving 
them from having to test new models under both the old and new test 
procedures during the transition period. On June 29, 2012, DOE 
issued guidance permitting early compliance with new or amended test 
procedures and standards. See http://www1.eere.energy.gov/buildings/appliance_standards/pdfs/tp_faq_2012-06-29.pdf. Thus, in DOE's 
view, manufacturers may begin using the new test procedures before 
the dates specified for compliance.
    \25\ AHAM also requested guidance on whether manufacturers must 
change model numbers for products during the DOE transition period. 
Unless the manufacturer modifies the model in a way that affects its 
energy performance, the Commission does not recommend changing model 
numbers during the transition.
---------------------------------------------------------------------------

    Therefore, the Commission proposes to exempt manufacturers from 
certain EnergyGuide testing and labeling requirements for new 
refrigerator and clothes washer models introduced before DOE's 
compliance dates. Specifically, the Commission proposes to grant a 
conditional exemption from the Rule's requirement that, for purposes of 
the EnergyGuide label, manufacturers use the estimated annual energy 
consumption derived from the test procedures presently required by 
DOE.\26\ By granting the requested exemption, the Commission would 
allow manufacturers to begin using the results of DOE's new procedures 
and provide those results on EnergyGuide labels several months before 
the DOE compliance date.
---------------------------------------------------------------------------

    \26\ 16 CFR 305.5(a) and 305.11(a) (FTC testing and labeling); 
see also 10 CFR Part 430 (DOE test procedures).
---------------------------------------------------------------------------

    The Commission proposes to grant this exception, but only to the 
extent required to allow manufacturers \27\ to use the new test 
procedures on refrigerator (including refrigerators, refrigerator-
freezers, and freezers) and clothes washer models manufactured after 
January 1, 2014 (for refrigerators) and June 1, 2014 (for clothes 
washers). If a manufacturer continues to use the current test results 
for a particular model until the new procedures take effect, September 
15, 2014 (for refrigerators) and March 7, 2015 (for clothes washers), 
it must continue to use the current label for that model up until those 
dates. Manufacturers would remain obligated to comply with all other 
Rule requirements. The Commission proposes to grant this exemption on 
the following additional conditions:
---------------------------------------------------------------------------

    \27\ Consistent with the Rule's requirements, the proposed 
exemption applies to both manufacturers and private labelers.
---------------------------------------------------------------------------

    (1) For models manufacturers choose to test and label under the 
exemption, manufacturers must follow the new DOE test procedures in 10 
CFR Part 430, Subpart B, Appendix A (refrigerators) and Appendix J2 
(clothes washers) to determine the energy use figures printed on 
EnergyGuide labels; \28\
---------------------------------------------------------------------------

    \28\ Manufacturers also may use the new test procedures for 
labeling existing products during this period, but must follow all 
conditions of this exemption in doing so.
---------------------------------------------------------------------------

    (2) For all such models, manufacturers must use EnergyGuide labels, 
as illustrated in Figures 1 and 2 of this Notice, with the energy cost 
and electricity use figures in yellow text framed by block boxes and 
containing the statement ``Compare to other labels with yellow numbers. 
Appliances that have labels with black numbers were tested differently 
to estimate cost and electricity used.'' \29\
---------------------------------------------------------------------------

    \29\ The Commission does not propose a cyan (blue) label as 
suggested by AHAM because cyan text on yellow background would be 
difficult to read, especially for smaller text. In addition, the 
cyan ink could cause confusion with regard to ENERGY STAR 
certification given that cyan is the color commonly used for ENERGY 
STAR logos. By retaining the yellow and black format, the proposed 
label will not change the printing cost associated with the labels.
---------------------------------------------------------------------------

    (3) For all such models, manufacturers must print the estimated 
energy cost on the label above the center of the comparability range, 
and the following statement must appear directly below the range: 
``Cost Range Not Available,'' as illustrated in Figures 1 and 2 of this 
Notice; \30\
---------------------------------------------------------------------------

    \30\ The Commission will publish range information for the new 
labels once energy data becomes available for refrigerators and 
clothes washers tested under the new procedure, most likely in 2015.
---------------------------------------------------------------------------

    (4) For all such models, the label must state that the estimated 
energy cost is based on a national average electricity cost of 12 cents 
per kWh; and
    (5) For all such clothes washer models, the label must state that 
the estimated energy cost is based on six wash loads per week and, as 
discussed below, must provide capacity in cubic feet.\31\
---------------------------------------------------------------------------

    \31\ The new DOE test procedure changes the estimated weekly 
clothes washer cycles from 8 to 6. 77 FR 13888 (DOE clothes washer 
test procedure).
---------------------------------------------------------------------------

    Second, to ensure consistency in labeling following the exemption 
period, the Commission proposes to amend the Rule at Sec. Sec.  
305.5(a) and 305.11 to require these new labels, as described in the 
five conditions above, after the test procedure transition. Thus, the 
new labels would apply to all refrigerators and clothes washers 
distributed on, or after, the DOE new test procedure compliance dates 
(September 15, 2014 for refrigerators and March 7, 2015 for clothes 
washers). This change should reduce consumer confusion in viewing 
labels that look alike but contain differently-calculated 
information.\32\ The Commission proposes to maintain this new label 
until DOE further amends the test procedures in the future beyond 2015. 
At that time, the Commission will consider changes to the label. In 
addition, once the Commission receives product data reflecting new and 
existing models tested under the new DOE procedures, it would issue new 
comparability ranges for those products.
---------------------------------------------------------------------------

    \32\ To avoid confusion associated with the multiple rule 
amendments and effective dates covered by this Notice, the 
Commission has not included formal proposed rule language for the 
transitional labels. However, this Notice contains a full 
description of the proposal, including sample labels. In addition, 
the minor label changes proposed in section II.B. (i.e., fuel rates 
to the nearest cent and the use of ``energy cost'' instead of 
``operating cost'') would not be required for refrigerator and 
clothes washer labels until the new DOE test procedure compliance 
dates. (September 15, 2014 for refrigerators and March 7, 2015 for 
clothes washers).
---------------------------------------------------------------------------

    The Commission seeks comment on the proposed exemption and 
associated amendments. In particular, the Commission requests input on 
whether the different results from the new and old DOE test procedures 
are significant enough to warrant the proposed label modifications. In 
addition, the Commission seeks comment on whether the proposed label 
changes are appropriate and will help consumers in their purchasing 
decisions. In particular, commenters should address whether the 
proposed labels will effectively communicate to consumers that they 
should not compare the old and new labels. In addition, commenters 
should identify any alternative disclosures or label design

[[Page 1783]]

features that would be more effective than the proposed labels.
BILLING CODE 6750-01-P
[GRAPHIC] [TIFF OMITTED] TP09JA13.002


[[Page 1784]]


[GRAPHIC] [TIFF OMITTED] TP09JA13.003

BILLING CODE 6750-01-C

D. Additional Refrigerator and Clothes Washer Issues

    In addition to the exemption request for a transitional label, the 
Commission has considered the following three issues related to 
refrigerators and clothes washers raised in response to the regulatory 
review notice: Changes to refrigerator range categories; disclosures 
for refrigerator models with optional icemakers; and capacity 
information for clothes washers.\33\
---------------------------------------------------------------------------

    \33\ The Commission plans to consider other outstanding issues 
from the regulatory review at a later date.
---------------------------------------------------------------------------

    Refrigerator Comparability Range Categories: The current rule 
organizes refrigerator comparability ranges by product configuration 
(e.g., models with top-mounted freezers) in Appendices A1-A8. The 
current requirements designate eight separate range categories for 
refrigerator models and three for

[[Page 1785]]

freezer models.\34\ These ranges disclose the energy costs associated 
with the most and least efficient models in a particular category. 
Specifically, for automatic-defrost refrigerator freezers, which 
typically populate the bulk of showroom floors, the Rule contains five 
categories (or styles): Side-by-side door models with and without 
through-the-door ice service; top-mounted freezer models with and 
without through-the-door ice service; and bottom-mounted freezer 
models. The Rule also has ranges for less common models including those 
with manual and partial defrost models, and refrigerator-only 
models.\35\ These categories allow consumers to compare the energy use 
of similarly configured refrigerators.
---------------------------------------------------------------------------

    \34\ The Rule further divides each model category into several 
size classes (e.g., 19.5 to 21.4 cubic feet), each with its own 
comparability range.
    \35\ See 16 CFR part 305, Appendices A and B.
---------------------------------------------------------------------------

    Several energy-efficiency and consumer groups urged the Commission 
to consolidate the comparability ranges into a single range covering 
all configurations.\36\ They reasoned one range would allow consumers 
to compare a product's energy performance against all other models. 
AHAM opposed this approach, arguing that consolidation of the ranges 
for different configurations would cast fully-featured products that 
use more energy in an unfavorable light. AHAM also pointed to data 
suggesting that consumers usually replace their existing refrigerators 
with similarly configured models. AHAM acknowledged, however, that it 
had no detailed information directly addressing whether consumers shop 
with a specific configuration in mind. It concluded that, without clear 
data on consumer shopping habits, the Commission should refrain from 
changing the current ranges.\37\
---------------------------------------------------------------------------

    \36\ Joint Comments from Energy-Efficiency and Consumer 
Organizations (May 16, 2012) (560957-00015) available at 
http://www.ftc.gov/os/comments/energylabelamend/00015-83010.pdf.
    \37\ AHAM comments (Sept. 11, 2012) (560957-00025) 
available at http://www.ftc.gov/os/comments/energylabelamend/560957-00025-84112.pdf.
---------------------------------------------------------------------------

    The Commission does not propose any changes at this time. Without 
further opportunity for comment on a proposal and more information 
about consumer buying habits, the Commission is reluctant to alter 
existing requirements.\38\ Once DOE's new standards become effective, 
the Commission will examine new range data from models on the market 
and consider whether to propose changes to the range categories.
---------------------------------------------------------------------------

    \38\ The consolidation of ranges also could cause conflicts and 
confusion with regard to the ENERGY STAR system, which sets 
efficiency levels based on different refrigerator configurations. 
For example, ENERGY STAR-qualified side-by-side door models are 
highly efficient compared to other side-by-side models but not 
necessarily compared to all other refrigerator-freezers. Therefore, 
if the comparison range on the EnergyGuide label included all 
configurations, some ENERGY STAR designated models will be higher on 
the cost range than some non-ENERGY STAR models. Before making any 
changes, the Commission needs to explore the overall costs and 
benefits of such a change.
---------------------------------------------------------------------------

    Refrigerator Models with Optional Icemakers: Currently, 
refrigerator labels do not reflect icemaker energy consumption because 
the current DOE test procedure does not measure a model's icemaker 
operation. However, because the new DOE procedures will account for 
icemakers, the new labels will now include icemaker energy consumption 
for those products.\39\
---------------------------------------------------------------------------

    \39\ 16 CFR 305.5 (FTC testing rules); 10 CFR Part 430, Subpart 
B, Appendix A (DOE refrigerator tests).
---------------------------------------------------------------------------

    In light of this change, AHAM has raised concerns about labeling 
for so-called ``kitable'' refrigerator models (i.e., models that can be 
fitted with an icemaker before or after purchase).\40\ The new DOE 
rules divide these products into categories (i.e., units with pre-
installed icemakers and units without). Thus, each category will have 
its own EnergyGuide labels reflecting different levels of energy use. 
In comments to the Commission, AHAM has suggested that all ``kitable'' 
refrigerator labels disclose the energy use of the model shipped 
without the optional icemaker to avoid overstating energy costs for 
models that may never have an icemaker. In addition, AHAM suggests 
additional label language to inform retailers and consumers that the 
addition of an icemaker will increase the model's energy costs.
---------------------------------------------------------------------------

    \40\ AHAM comments (May 16, 2012, and October 31, 2012) at 
http://www.ftc.gov/os/comments/energylabelamend/00013-83038.pdf.
---------------------------------------------------------------------------

    The Commission agrees that this proposal merits consideration. 
However, DOE plans to examine its designation of these models and thus 
may provide guidance that addresses AHAM's concerns.\41\ Accordingly, 
the Commission does not plan to impose any additional testing-related 
disclosures for these products until DOE has completed its 
deliberations.
---------------------------------------------------------------------------

    \41\ 77 FR at 3569 (DOE notice on refrigerator testing).
---------------------------------------------------------------------------

    Clothes Washer Capacity: In initiating the Rule's regulatory 
review, the Commission proposed to require specific capacity 
information in cubic feet on EnergyGuide labels for clothes 
washers.\42\ The Commission seeks additional comments on this issue. 
Current EnergyGuide labels indicate whether the model is ``standard'' 
or ``compact,'' but do not specify volume (e.g., 3.5 cubic feet). In 
the current market, most models fall into the broad ``standard'' size 
class (i.e., models with tub capacities greater than 1.6 cubic feet), 
but actual capacity among models varies significantly. Thus, the 
general capacity disclosure provides little assistance to consumers in 
distinguishing washer size. A specific capacity disclosure on the label 
should help consumers make important product comparisons. It would also 
complement recent DOE and industry efforts to ensure uniformity in 
capacity disclosures, which would provide consumers with usable 
information whether they are looking at EnergyGuide labels, 
manufacturer advertising, or DOE certification data.\43\
---------------------------------------------------------------------------

    \42\ 77 FR at 15302 (proposing to amend 16 CFR 305.7(g) to 
include clothes washer capacity on the label).
    \43\ See 75 FR 57556, 57575 (Sept. 21, 2010) (DOE clothes washer 
notice) and http://www.aham.org/ht/a/GetDocumentAction/i/51727.
---------------------------------------------------------------------------

    AHAM objected to the Commission's proposal, arguing that it will 
greatly increase the number of labels manufacturers have to produce. 
According to AHAM, many washer models with different capacities have 
the same energy cost. Manufacturers currently print one label for such 
appliances. AHAM contended that the Commission's proposal would prevent 
this cost-savings. AHAM also argued consumers can access capacity 
information through other sources. In addition, it observed that 
industry members have already taken steps to ensure consistency in 
washer capacity claims. Thus, in AHAM's view, the Commission's proposal 
addresses a problem that no longer exists. In contrast, PG&E supported 
the specific capacity disclosure proposed in the regulatory review 
notice, suggesting it might ``prompt consumers to think more critically 
about the utility of different sized washers, and also [their] 
associated energy and water requirements.'' \44\
---------------------------------------------------------------------------

    \44\ Pacific Gas and Electric Company (PG&E) comments (May 15, 
2012) (00009) at http://www.ftc.gov/os/comments/energylabelamend/00009-82974.pdf.
---------------------------------------------------------------------------

    The Commission continues to believe that detailed capacity 
information will help consumers in their purchasing decisions. The 
presence of capacity information allows consumers easily to consider 
the size and energy cost of models as they compare products in 
showrooms and Web sites, without repeatedly crosschecking washer 
capacity disclosed elsewhere in specifications and other marketing 
material. In addition, this approach is consistent with the EnergyGuide 
labels

[[Page 1786]]

for most other covered products, which, among other things, allow 
consumers to gauge a model's energy cost against its size. Moreover, 
data for clothes washers certified to DOE suggests that the proposed 
change would require new labels for a small fraction of models.\45\ 
Accordingly, it seems unlikely that the proposal would impose a 
substantial burden on manufacturers. The Commission seeks further 
comment on its proposal to require clothes washer capacity disclosures 
on the label.
---------------------------------------------------------------------------

    \45\ See DOE clothes washer data at https://www.regulations.doe.gov/ccms/.
---------------------------------------------------------------------------

III. Request for Comment

    The Commission invites interested persons to submit written 
comments on any issue of fact, law, or policy that may bear upon the 
FTC's proposed labeling requirements. Please provide explanations for 
your answers and supporting evidence where appropriate. In addition, 
the Commission notes that it has accepted several late comments in its 
ongoing regulatory review proceeding.\46\ To ensure that parties have 
an opportunity to address issues raised in those submissions, the 
Commission invites comments on any open issue in the regulatory review 
proceeding in addition to those issues raised in the present notice. 
Interested persons should follow the instructions below for filing any 
such comments on the regulatory review. After examining the comments, 
the Commission will determine whether to issue final amendments.
---------------------------------------------------------------------------

    \46\ 44 FR 66466 (Nov. 19, 1979) (regulatory review notice). The 
late comments are available at http://www.ftc.gov/os/comments/energylabelamend/index.shtm and include: AHAM (July 17, 2012, Sept. 
12, 2012, and Oct. 31, 2012), Earthjustice (Dec. 3, 2012), 
Fanimation (July 17, 2012), Miele Inc. (Sept. 20, 2012), and 
Progress Lighting (June 25, 2012).
---------------------------------------------------------------------------

    All comments should be filed as prescribed below, and must be 
received by March 1, 2013. Interested parties are invited to submit 
written comments electronically or in paper form. Comments should refer 
to ``Energy Label Ranges, Matter No. R611004'' to facilitate the 
organization of comments. Please note that your comment, including your 
name and your state, will be placed on the public record of this 
proceeding, including on the publicly accessible FTC Web site, at 
http://www.ftc.gov/os/publiccomments.shtm.
    Because comments will be made public, they should not include any 
sensitive personal information, such as any individual's Social 
Security Number; date of birth; driver's license number or other state 
identification number, or foreign country equivalent; passport number; 
financial account number; or credit or debit card number. Comments also 
should not include any sensitive health information, such as medical 
records or other individually identifiable health information. In 
addition, comments should not include trade secret or any commercial or 
financial information which is obtained from any person and which is 
privileged or confidential as provided in Section 6(f) of the Federal 
Trade Commission Act (FTC Act, 15 U.S.C. 46(f)), and FTC Rule 
4.10(a)(2) (16 CFR 4.10(a)(2)). Comments containing matter for which 
confidential treatment is requested must be filed in paper form, must 
be clearly labeled Confidential, and must comply with FTC Rule 4.9(c). 
Because paper mail addressed to the FTC is subject to delay due to 
heightened security screening, please consider submitting your comments 
in electronic form. Comments filed in electronic form should be 
submitted using the following weblink: https://ftcpublic.commentworks.com/ftc/energylabelranges (and following the 
instructions on the web-based form). To ensure that the Commission 
considers an electronic comment, you must file it on the web-based form 
at the weblink https://ftcpublic.commentworks.com/ftc/energylabelranges. If this Notice appears at http://www.regulations.gov/#!home, you may also file an electronic comment 
through that Web site. The Commission will consider all comments that 
regulations.gov forwards to it. You may also visit the FTC Web site at 
http://www.ftc.gov to read the Notice and the news release describing 
it.
    A comment filed in paper form should include the Energy Label 
Ranges, Matter No. R611004 reference both in the text and on the 
envelope, and should be mailed or delivered to the following address: 
Federal Trade Commission, Office of the Secretary, Room H-113 (Annex 
U), 600 Pennsylvania Avenue NW., Washington, DC 20580. The FTC is 
requesting that any comment filed in paper form be sent by courier or 
overnight service, if possible, because U.S. postal mail in the 
Washington area and at the Commission is subject to delay due to 
heightened security precautions.
    The FTC Act and other laws that the Commission administers permit 
the collection of public comments to consider and use in this 
proceeding as appropriate. The Commission will consider all timely and 
responsive public comments that it receives, whether filed in paper or 
electronic form. Comments received will be available to the public on 
the FTC Web site, to the extent practicable, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the FTC makes every 
effort to remove home contact information for individuals from the 
public comments it receives before placing those comments on the FTC 
Web site. More information, including routine uses permitted by the 
Privacy Act, may be found in the FTC's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.
    Because written comments appear adequate to present the views of 
all interested parties, the Commission has not scheduled an oral 
hearing regarding these proposed amendments. Interested parties may 
request an opportunity to present views orally. If such a request is 
made, the Commission will publish a document in the Federal Register 
stating the time and place for such oral presentation(s) and describing 
the procedures that will be followed. Interested parties who wish to 
present oral views must submit a hearing request, on or before February 
1, 2013, in the form of a written comment that describes the issues on 
which the party wishes to speak. If there is no oral hearing, the 
Commission will base its decision on the written rulemaking record.

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 (PRA). OMB has approved the 
Rule's existing information collection requirements through Jan. 31, 
2014 (OMB Control No. 3084 0069). The proposed 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 Appliance Labeling Rule. 
As explained in detail elsewhere in this document, the proposed 
exemption and amendments do not significantly change the substance or 
frequency of the recordkeeping, disclosure, or reporting requirements. 
Thus, the amendments will not have a ``significant economic

[[Page 1787]]

impact on a substantial number of small entities.'' 5 U.S.C. 605. The 
Commission has concluded, therefore, that a regulatory flexibility 
analysis is not necessary, and certifies, under Section 605 of the 
Regulatory Flexibility Act (5 U.S.C. 605(b)), that the amendments 
announced today will not have a significant economic impact on a 
substantial number of small entities.

Proposed Rule Language

List of Subjects in 16 CFR Part 305

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

    For the reasons set out in the preamble, the Commission proposes to 
amend 16 CFR part 305 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'')

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

    Authority:  42 U.S.C. 6294.

0
2. In Sec.  305.7, revise paragraph (g) to read as follows:


Sec.  305.7  Determinations of capacity.

* * * * *
    (g) Clothes washers. The capacity shall be the tub capacity as 
determined according to Department of Energy test procedures in 10 CFR 
part 430, subpart B, expressed in the terms of volume in cubic feet and 
the designations of ``standard'' or ``compact'' as determined pursuant 
to those regulations.
* * * * *
0
3. In Sec.  305.10, revise paragraphs (a) and (b) 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, 
fluorescent lamp ballasts, lamps, 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 
2017. 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 
appendix K to this part, except the electricity and gas cost to be used 
on labels for refrigerators, refrigerator-freezers, and freezers 
distributed before September 15, 2014 and labels for clothes washers 
distributed before March 7, 2015 shall be 10.65 cents per kWh and 1.218 
dollars per therm. The Commission shall publish revised Representative 
Average Unit Energy Cost figures in the Federal Register in 2017. 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.
* * * * *
0
4. In Sec.  305.11, revise paragraphs (f)(5) and (9) and redesignate 
paragraphs (f)(11) and (12) as paragraphs (f)(10) and (11), 
respectively.
    The revisions read as follows:


Sec.  305.11  Labeling for refrigerators, refrigerator-freezers, 
freezers, dishwashers, clothes washers, water heaters, room air 
conditioners, and pool heaters.

* * * * *
    (f) * * *
    (5) Estimated annual operating costs for refrigerators, 
refrigerator-freezers, freezers, clothes washers, dishwashers, room air 
conditioners, and water heaters are as determined in accordance with 
Sec. Sec.  305.5 and 305.10 of this part. Thermal efficiencies for pool 
heaters are as determined in accordance with Sec.  305.5. Labels for 
clothes washers and dishwashers must disclose estimated annual 
operating cost for both electricity and natural gas as illustrated in 
the sample labels in appendix L.
* * * * *
    (9) Labels must contain a statement explaining information on the 
label as illustrated in the prototype labels in appendix L and 
specified as follows by product type:
    (i) For refrigerators, refrigerator-freezers, and freezers, the 
statement will read as follows (fill in the blanks with the appropriate 
year and energy cost figures):
    Your costs will depend on your utility rates and use.
    [Insert statement required by Sec.  305.11(f)(9)(ii)].
    Estimated energy cost is based on a national average electricity 
cost of ---- cents per kWh.
    For more information, visit www.ftc.gov/energy.
    (ii) For refrigerators, refrigerator-freezers, and freezers, the 
following sentence shall be included as part of the statement required 
by Sec.  305.11(f)(9)(i):
    (A) For models covered under appendix A1, the sentence shall read:
    Cost range based only on models of similar capacity with automatic 
defrost.
    (B) For models covered under appendix A2, the sentence shall read:
    Cost range based only on models of similar capacity with manual 
defrost.
    (C) For models covered under appendix A3, the sentence shall read:
    Cost range based only on models of similar capacity with partial 
automatic defrost.
    (D) For models covered under appendix A4, the sentence shall read:
    Cost range based only on models of similar capacity with automatic 
defrost, top-mounted freezer, and without through-the-door ice.
    (E) For models covered under appendix A5, the sentence shall read:
    Cost range based only on models of similar capacity with automatic 
defrost, side-mounted freezer, and without through-the-door ice.
    (F) For models covered under appendix A6, the sentence shall read:
    Cost range based only on models of similar capacity with automatic 
defrost, bottom-mounted freezer, and without through-the-door ice.
    (G) For models covered under appendix A7, the sentence shall read:
    Cost range based only on models of similar capacity with automatic 
defrost, top-mounted freezer, and through-the-door ice.
    (H) For models covered under appendix A8, the sentence shall read:
    Cost range based only on models of similar capacity with automatic 
defrost, side-mounted freezer, and through-the-door ice.
    (I) For models covered under appendix B1, the sentence shall read:
    Cost range based only on upright freezer models of similar capacity 
with manual defrost.
    (J) For models covered under appendix B2, the sentence shall read:
    Cost range based only on upright freezer models of similar capacity 
with automatic defrost.
    (K) For models covered under appendix B3, the sentence shall read:
    Cost range based only on chest and other freezer models of similar 
capacity.
    (iii) For room air conditioners covered under appendix E, the 
statement will read as follows (fill in the blanks with the appropriate 
model type, year, energy type, and energy cost figure):
    Your costs will depend on your utility rates and use.

[[Page 1788]]

    Cost range based only on models [of similar capacity without 
reverse cycle and with louvered sides; of similar capacity without 
reverse cycle and without louvered sides; with reverse cycle and with 
louvered sides; or with reverse cycle and without louvered sides].
    Estimated energy cost is based on a national average electricity 
cost of ---- cents per kWh and 750 hours of operation per year.
    For more information, visit www.ftc.gov/energy.
    (iv) For water heaters covered by Appendices D1, D2, and D3, the 
statement will read as follows (fill in the blanks with the appropriate 
fuel type, year, and energy cost figures):
    Your costs will depend on your utility rates and use.
    Cost range based only on models of similar capacity fueled by 
[natural gas, oil, propane, or electricity]. Estimated energy cost is 
based on a national average [electricity, natural gas, propane, or oil] 
cost of [------ cents per kWh or $---- per therm or gallon].
    For more information, visit www.ftc.gov/energy.
    (v) For instantaneous water heaters (appendix D4 and D6) and heat 
pump water heaters (appendix D5), the statement will read as follows 
(fill in the blanks with the appropriate model type, the operating 
cost, the year, and the energy cost figures):
    Your costs will depend on your utility rates and use.
    Cost range based only on [instantaneous gas water heater or heat 
pump water heater] models of similar capacity. Estimated energy cost is 
based on a national average [electricity, natural gas, or propane] cost 
of [---- cents per kWh or $---- per therm or gallon].
    For more information, visit www.ftc.gov/energy.
    (vi) For clothes washers and dishwashers covered by appendices C1, 
C2, F1, and F2, the statement will read as follows (fill in the blanks 
with the appropriate appliance type, the energy cost, the number of 
loads per week, the year, and the energy cost figures):
    Your costs will depend on your utility rates and use.
    Cost range based only on [compact/standard] capacity models.
    Estimated energy cost is based on [4 washloads a week for 
dishwashers, or 6 washloads a week for clothes washers] and a national 
average electricity cost of ---- cents per kWh and natural gas cost of 
$---- per therm.
    For more information, visit www.ftc.gov/energy.
    (vii) For pool heaters covered under appendices J1 and J2, the 
statement will read as follows:
    Efficiency range based only on models fueled by [natural gas or 
oil].
    For more information, visit www.ftc.gov/energy.
* * * * *
0
5. 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.................................             $18             $27
------------------------------------------------------------------------

0
6. 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................................             $21             $41
------------------------------------------------------------------------

0
7. Appendices D1 through D5 to Part 305 are revised and Appendix D6 is 
added to read as follows:

Appendix D1 to Part 305--Water Heaters--Gas

Range Information

----------------------------------------------------------------------------------------------------------------
                    Capacity                           Range of estimated annual energy costs (dollars/year)
----------------------------------------------------------------------------------------------------------------
                                                       Natural gas ($/year)              Propane ($/year)
                First hour rating                ---------------------------------------------------------------
                                                        Low            High             Low            High
----------------------------------------------------------------------------------------------------------------
Less than 21....................................               *               *               *               *
21 to 24........................................               *               *               *               *
25 to 29........................................               *               *               *               *
30 to 34........................................               *               *               *               *
35 to 40........................................               *               *               *               *
41 to 47........................................               *               *               *               *

[[Page 1789]]

 
48 to 55........................................            $248            $269            $655            $712
56 to 64........................................            $257            $269            $678            $712
65 to 74........................................            $237            $273            $627            $724
75 to 86........................................            $237            $288            $627            $724
87 to 99........................................            $248            $288            $645            $763
100 to 114......................................            $241            $300            $637            $763
115 to 131......................................            $241            $331            $637            $791
Over 131........................................            $269            $331            $712            $876
----------------------------------------------------------------------------------------------------------------
* No data submitted.

Appendix D2 to Part 305--Water Heaters--Electric

Range Information

------------------------------------------------------------------------
                Capacity                     Range of estimated annual
-----------------------------------------   energy costs (dollars/year)
                                         -------------------------------
            First hour rating                   Low            High
------------------------------------------------------------------------
Less than 21............................            $567            $567
21 to 24................................               *               *
25 to 29................................            $567            $567
30 to 34................................            $567            $573
35 to 40................................            $561            $573
41 to 47................................            $555            $599
48 to 55................................            $555            $599
56 to 64................................            $555            $585
65 to 74................................            $555            $599
75 to 86................................            $555            $613
87 to 99................................            $567            $620
100 to 114..............................            $579            $651
115 to 131..............................            $613            $635
Over 131................................               *               *
------------------------------------------------------------------------
* No data submitted.

Appendix D3 to Part 305--Water Heaters--Oil

Range Information

------------------------------------------------------------------------
                Capacity                     Range of estimated annual
-----------------------------------------  energy costs  (dollars/year)
                                         -------------------------------
            First hour rating                   Low            High
------------------------------------------------------------------------
Less than 65............................               *               *
65 to 74................................               *               *
75 to 86................................               *               *
87 to 99................................               *               *
100 to 114..............................            $703            $808
115 to 131..............................            $663            $856
Over 131................................            $642           $856
------------------------------------------------------------------------
* No data submitted.

Appendix D4 to Part 305--Water Heaters--Instantaneous--Gas

Range Information

[[Page 1790]]



----------------------------------------------------------------------------------------------------------------
                    Capacity                          Range of estimated annual energy costs  (dollars/year)
----------------------------------------------------------------------------------------------------------------
                                                       Natural gas ($/year)              Propane ($/year)
Capacity (maximum flow rate); gallons per minute ---------------------------------------------------------------
                      (gpm)                             Low            High             Low            High
----------------------------------------------------------------------------------------------------------------
Under 1.00......................................            $248            $248            $655            $655
1.00 to 2.00....................................            $248            $248            $627            $627
2.01 to 3.00....................................            $171            $231            $499            $609
Over 3.00.......................................            $167            $204            $435           $532
----------------------------------------------------------------------------------------------------------------
* No data submitted.

Appendix D5 to Part 305--Water Heaters--Heat Pump

Range Information

------------------------------------------------------------------------
                Capacity                     Range of estimated annual
-----------------------------------------  energy costs  (dollars/year)
                                         -------------------------------
            First hour rating                   Low            High
------------------------------------------------------------------------
Less than 21............................               *               *
21 to 24................................               *               *
25 to 29................................               *               *
30 to 34................................               *               *
35 to 40................................               *               *
41 to 47................................               *               *
48 to 55................................               *               *
56 to 64................................               *               *
65 to 74................................               *               *
75 to 86................................               *               *
87 to 99................................               *               *
100 to 114..............................               *               *
115 to 131..............................               *               *
Over 131................................               *               *
------------------------------------------------------------------------
* No data submitted.

Appendix D6 to Part 305--Water Heaters--Instantaneous--Electric

Range Information

------------------------------------------------------------------------
                Capacity                     Range of estimated annual
-----------------------------------------  energy costs  (dollars/year)
  Capacity (maximum flow rate); gallons  -------------------------------
            per minute  (gpm)                   Low            High
------------------------------------------------------------------------
Under 1.00..............................            $532            $532
1.00 to 2.00............................            $532            $532
2.01 to 3.00............................               *               *
Over 3.00...............................               *              *
------------------------------------------------------------------------
* No data submitted.

0
8. 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/yr                 -------------------------------
                                                Low            High
------------------------------------------------------------------------
Without Reverse Cycle and with Louvered
 Sides:
    Less than 6,000 Btu.................             $42             $48
    6,000 to 7,999 Btu..................             $50             $72
    8,000 to 13,999 Btu.................             $66            $115
    14,000 to 19,999 Btu................            $117            $195

[[Page 1791]]

 
    20,000 and more Btu.................            $169            $382
Without Reverse Cycle and without
 Louvered Sides:
    Less than 6,000 Btu.................               *               *
    6,000 to 7,999 Btu..................             $56             $72
    8,000 to 13,999 Btu.................             $73            $138
    14,000 to 19,999 Btu................            $140            $166
    20,000 and more Btu.................               *               *
    With Reverse Cycle and with Louvered             $71            $225
     Sides..............................
    With Reverse Cycle, without Louvered             $89           $126
     Sides..............................
------------------------------------------------------------------------
* No data submitted.

0
9. Appendices J1 and J2 to part 305 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..................................            78.2            95.0            78.2            95.0
----------------------------------------------------------------------------------------------------------------

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.

0
10. Appendix K to part 305 is revised to read as follows:

Appendix K to Part 305--Representative Average Unit Energy Costs

    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. This Table 
is based on information published by the U.S. Department of Energy 
in 2012. Unless otherwise indicated by the Commission, this table 
will be revised in 2017.

                  Unit Costs of Energy for Use on EnergyGuide Labels Required by Sec.   305.11
----------------------------------------------------------------------------------------------------------------
                                                                       As required by DOE test      Dollars per
           Type of energy                In commonly used terms               procedure            million Btu 1
----------------------------------------------------------------------------------------------------------------
Electricity.........................  12.00[cent]/kWh 2,3           $.1200/kWh                            $34.70
Natural Gas.........................  $1.06/therm 4                 $0.00001035/Btu                       $10.35
                                      $10.59/MCF 5,6
No. 2 heating oil...................  $4.04/gallon 7                $0.00002912/Btu                       $29.12
Propane.............................  $2.56/gallon 8                $0.00002803/Btu                       $28.03
Kerosene............................  $4.35/gallon 9                $0.00003222/Btu                      $32.22
----------------------------------------------------------------------------------------------------------------
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.

[[Page 1792]]

 
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.

By direction of the Commission.

Donald S. Clark,
Secretary.
[FR Doc. 2013-00113 Filed 1-8-13; 8:45 am]
BILLING CODE 6750-01-P