[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Rules and Regulations]
[Pages 7593-7608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03665]



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 Rules and Regulations
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  Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / 
Rules and Regulations  

[[Page 7593]]



FEDERAL TRADE COMMISSION

16 CFR Part 305

RIN 3084-AB15


Energy Labeling Rule

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

ACTION: Final rule.

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SUMMARY: The Commission amends the Energy Labeling Rule (``Rule'') by 
updating ranges of comparability and unit energy cost figures on 
EnergyGuide labels for dishwashers, furnaces, room air conditioners, 
and pool heaters. The Commission also sets a compliance date of October 
1, 2019 for EnergyGuide labels on room air conditioner boxes and makes 
several minor clarifications and corrections to the Rule.

DATES: The amendments are effective May 23, 2018.

ADDRESSES: Relevant portions of the record of this proceeding, 
including this document, are available at http://www.ftc.gov.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326-2889, 
Attorney, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, Room CC-9528, 600 Pennsylvania Avenue NW, 
Washington, DC 20580.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Commission issued the Energy Labeling Rule (``Rule'') in 
1979,\1\ pursuant to the Energy Policy and Conservation Act of 1975 
(EPCA).\2\ The Rule requires energy labeling for major home appliances 
and other consumer products to help consumers compare competing models. 
It also contains labeling requirements for refrigerators, refrigerator-
freezers, freezers, dishwashers, water heaters, clothes washers, room 
air conditioners, furnaces, central air conditioners, heat pumps, 
plumbing products, lighting products, ceiling fans, and televisions.
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    \1\ 44 FR 66466 (Nov. 19, 1979).
    \2\ 42 U.S.C. 6294. EPCA also requires the Department of Energy 
(DOE) to develop test procedures that measure how much energy 
appliances use, and to determine the representative average cost a 
consumer pays for different types of energy.
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    The Rule requires manufacturers to attach yellow EnergyGuide labels 
to many covered products and prohibits retailers from removing these 
labels or rendering them illegible. In addition, it directs sellers, 
including retailers, to post label information on websites and in paper 
catalogs from which consumers can order products. EnergyGuide labels 
for most covered products contain three key disclosures: Estimated 
annual energy cost, a product's energy consumption or energy efficiency 
rating as determined by DOE test procedures, and a comparability range 
displaying the highest and lowest energy costs or efficiency ratings 
for all similar models. For cost calculations, the Rule specifies 
national average costs for applicable energy sources (e.g., 
electricity, natural gas, oil) as calculated by DOE. Under the Rule, 
the Commission periodically updates comparability range and annual 
energy cost information based on manufacturer data submitted pursuant 
to the Rule's reporting requirements. The Rule also sets a five-year 
schedule for updating comparability range and annual energy cost 
information.\3\
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    \3\ 16 CFR 305.10.
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II. Proposed Amendments

    In a November 9, 2017 Notice of Proposed Rulemaking (NPRM), the 
Commission sought comment on proposed updates to the Rule's 
comparability ranges and amendments to set a compliance date for 
EnergyGuide labels on room air conditioner boxes. The Commission 
received 10 comments in response.\4\ After reviewing the comments, the 
Commission now issues final amendments addressing these issues.
---------------------------------------------------------------------------

    \4\ See 82 FR 52024. The comments received in response to the 
NPRM are here: https://www.ftc.gov/policy/public-comments/2017/12/initiative-730. The comments included: Air-Conditioning, Heating, 
and Refrigeration Institute (AHRI) (#00006); American Public Gas 
Association (APGA) (#00007); National Electrical Manufacturers 
Association (NEMA) (#00008); Association of Home Appliance 
Manufacturers (AHAM) (#00009); Earthjustice (``Joint Commenters'') 
(#00010); Grear (#00011); Kremer (#00005); O'Hare (#00004); Castillo 
(#00003); and Chambers (#00002).
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III. Final Amendments

A. Comparability Range and Energy Cost Revisions

    Background: In the NPRM, the Commission proposed revisions to the 
comparability range and energy cost information for dishwashers, 
furnaces, pool heaters, and room air conditioners.\5\ The comparability 
ranges (i.e., scales) show the highest and lowest energy costs or 
energy efficiency ratings of models similar to the labeled product. The 
Commission derives these ranges from annual data submitted by 
manufacturers. In addition, the Commission proposed updating the 
average energy cost figures manufacturers must use to calculate a 
model's estimated energy cost for the label based on national average 
cost figures published by DOE.\6\ The Commission also proposed amending 
the energy cost tables in Appendix K to clarify the cost applicable to 
various covered products.\7\ To effect these changes, the Commission 
proposed amending the applicable tables in the Rule's appendices. Under 
the Rule (Sec.  305.10), manufacturers must begin using this new 
information on product labels within 90 days after publication of the 
updated tables.
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    \5\ 16 CFR 305.10. This document also updates the sample labels 
in the Rule's appendices to reflect the new range and cost 
information and to include the minor label content changes discussed 
in this document.
    \6\ 82 FR 21213 (May 5, 2017) (DOE notice for ``Representative 
Average Unit Costs of Energy'').
    \7\ Applicable energy cost figures for ceiling fans, lighting 
products, and televisions appear in Sec. Sec.  305.13 (effective 
September 17, 2018), 305.15, and 305.17 respectively.
---------------------------------------------------------------------------

    The Commission did not propose amending the range and cost 
information for EnergyGuide labels for refrigerators, freezers, clothes 
washers, water heaters, central air conditioners, and televisions 
because the Commission has recently updated label information for these 
products.\8\ The Commission explained in the NPRM that changing labels 
for these products so soon would unnecessarily burden manufacturers

[[Page 7594]]

and potentially confuse consumers by introducing new label information 
in the marketplace.\9\
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    \8\ See 81 FR 63634 (Sept. 15, 2016) (new range information for 
refrigerators and freezers, water heaters, and central air 
conditioners effective June 12, 2017); 81 FR 7201 (Feb. 11, 2016) 
(new ranges for clothes washers effective May 11, 2016); and 80 FR 
16259 (Mar. 27, 2015) (updated ranges for televisions effective July 
15, 2015).
    \9\ The Commission followed a similar approach during the last 
cycle of range and cost updates. See 78 FR 1779 (Jan. 9, 2013).
---------------------------------------------------------------------------

    Comments: Though commenters generally supported the updated ranges, 
AHRI and O'Hare recommended minor changes. Specifically, AHRI noted 
that the new range for oil-fired boilers should reflect several models 
rated at an Annual Fuel Utilization Efficiency (AFUE) of 82.0. O'Hare 
suggested the upper end of the pool heater thermal efficiency range on 
the sample label be 96.0 to reflect the amended table in Appendix J1.
    In addition, several energy efficiency and consumer organizations 
(the ``Joint Commenters'') recommended new ranges for clothes washers. 
They explained that new DOE standards, which become effective in 
January 2018, will significantly change the lower end of the ranges for 
these products (for both standard and compact capacity categories) by 
removing many existing lower efficiency models from the market. In the 
Joint Commenters' view, delay in updating the ranges will result in 
ranges that include products no longer manufactured, thus misleading 
consumers about the efficiency and operating costs of models in 
production. The commenters also argued that such inaccurate ranges 
would violate EPCA's directive (see 42 U.S.C. 6294(c)(1)(B)) to provide 
range information for ``covered products to which the rule applies.''
    Discussion: The Commission amends the Rule to implement the updates 
proposed in the NPRM and the minor changes suggested by the commenters. 
The Commission, however, does not update the clothes washer ranges at 
this time. Because the Commission updated the range data for clothes 
washer labels in 2016 (81 FR 7201 (Feb. 11, 2016)), it is reluctant to 
change the labels again after such a short interval because it would 
create inconsistent labels for consumers during the transition and 
unnecessarily burden manufacturers. However, the Commission will review 
new clothes washer data in light of the new DOE 2018 standards and 
consider whether to propose updating the ranges.
    The Commission does not agree with the Joint Commenters that the 
current ranges violate EPCA's directive to provide range information 
for ``covered products to which the rule applies.'' The Commission 
interprets this statutory instruction, together with the directive in 
42 U.S.C. 6294(c)(2)(B), as applying to general product types (i.e., 
categories), not to individual models. Furthermore, models frequently 
appear in the market that may fall outside of the Rule's current range, 
and the statute contains no requirement for the Commission to update 
ranges continuously. Indeed, the law prohibits the Commission from 
updating ranges more often than annually.\10\
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    \10\ 42 U.S.C. 6296(c).
---------------------------------------------------------------------------

B. Room Air Conditioner Labels on Packages

    Background: In the NPRM, the Commission proposed a compliance date 
for changes to room air conditioner labels. In 2015, the Commission 
announced final amendments requiring labels on room air conditioner 
boxes and replacing the EER (``Energy Efficiency Ratio'') disclosure 
with CEER (``Combined Energy Efficiency Ratio'') (80 FR 67285, 67292-3 
(Nov. 2, 2015)). However, to reduce burden on manufacturers that use 
both the U.S. and Canadian labels, the Commission delayed a compliance 
date announcement until Natural Resources Canada (NRCan), which 
administers the Canadian EnerGuide labeling program, had announced 
similar provisions. On December 28, 2016, NRCan published regulatory 
amendments providing manufacturers the option to print the EnerGuide 
label on packaging (Canada Gazette, Vol. 150, No. 26 (Dec. 28, 2016)) 
in lieu of affixing the EnerGuide label to the product. The Commission 
then proposed a compliance date of October 1, 2018, explaining that 
October coincides with the beginning of the industry's annual 
production cycle (i.e., the cooling season).
    Comments: AHAM generally supported the change from EER to CEER, as 
well as the transition to labels on product boxes. However, it urged 
the Commission to provide additional time for this transition. 
Specifically, AHAM argued that the change will require manufacturers to 
completely redesign their packaging to accommodate the label. 
Accordingly, AHAM requested that the Commission set an October 1, 2019 
date for the box labels.
    Discussion: In response to AHAM's concerns, the Commission sets the 
compliance date at October 1, 2019 to provide manufacturers ample time 
to make the transition to box labels. As indicated in the NPRM, 
manufacturers generally deploy their product lines on an annual basis 
beginning in October of each year. According to AHAM, an October 2018 
compliance date likely would not provide adequate time for making the 
required changes. In addition, the Commission expects a compliance date 
falling in the middle of the annual production cycle could cause 
significant disruption. If they so choose, manufacturers may begin 
using the labels on packages before the October 1, 2019 compliance 
date. In the meantime, they must continue to affix labels to the 
products themselves and provide labels online. The amendments also 
change the label's efficiency disclosure from EER to CEER as 
proposed.\11\ Manufacturers should begin using CEER along with the new 
ranges published in this document (i.e., within 90 days of 
publication).
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    \11\ 80 FR at 67292-3.
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C. Technical Corrections and Clarifications

    Background: In the NPRM, the Commission proposed several minor 
clarifying and corrective amendments. These included a clarification to 
Sec.  305.10(c) regarding labeling for models falling outside of the 
current ranges, as well as corrections to Sec. Sec.  305.5 (obsolete 
reference to LED bulb tests), 305.8 (reference to the timing of 
reporting requirements), 305.12 (sample label references for central 
air conditioners labels), and 305.16 (plumbing disclosures).
    Comments: Several commenters, including AHAM and NEMA, supported 
these minor amendments. No comments opposed them. However, AHAM 
requested additional clarifications. First, it recommended replacing 
the term ``operating cost'' with ``energy cost'' in Sec.  305.10(c)(2) 
and on the sample clothes washer label in appendix L to ensure 
consistency with other sample labels and Rule provisions. According to 
AHAM, industry members have used the term ``energy cost'' on labels 
prepared pursuant to Sec.  305.10 for this reason. In addition, most of 
the labels and applicable Rule text in Sec.  305.11 use the term 
``energy cost.'' AHAM urged the Commission to provide ample time for 
manufacturers to make any necessary changes.
    AHAM also urged the Commission to clarify the label language 
required for describing refrigerator-freezers that do not have through-
the-door ice service. AHAM noted that the Rule's sample label uses the 
phrase ``no through-the-door ice,'' whereas the comparability range 
tables in appendix A state ``Without Through-the-door-ice.'' Although 
AHAM did not express a preference for the applicable language, it 
requested sufficient time for their members to change labels to avoid 
waste and unnecessary cost should the Commission issue a clarification.
    Discussion: The Commission amends the Rule to include the proposed

[[Page 7595]]

clarifications and technical corrections, including replacing the term 
``operating cost'' with ``energy cost'' in Sec.  305.10(c)(2) and on 
the clothes washer label as suggested by AHAM. The Commission does not 
expect these corrections to create any additional burden for 
manufacturers because current practice appears to be consistent with 
most of these changes. However, to the extent that manufacturers must 
change existing labels, they may do so after exhausting their current 
label supply to avoid unnecessary costs. Should individual 
manufacturers have questions about revising labels, they can contact 
FTC staff for guidance.\12\
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    \12\ In addition, the final amendments correct Sec.  305.11 to 
reinsert paragraphs (f)(10) and (11), which were inadvertently 
omitted in an earlier rulemaking (81 FR 63634, Sept. 15, 2016)). The 
Commission finds good cause for implementing the technical 
corrections recommended by AHAM and the correction to Sec.  305.11 
without further notice and comment. See 5 U.S.C. 553(b)(3)(B); 5 CFR 
1.26(b).
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    The Commission, however, declines to amend the Rule's descriptions 
for refrigerator-freezers. The current Rule sets only general 
requirements for the content of these product descriptions at the 
labels top left and does not prescribe exact language that 
manufacturers must use.\13\ Accordingly, manufacturers may continue to 
use their present descriptions provided they are consistent with the 
Rule's refrigerator-freezer categories. The Commission may consider 
amending the Rule in the future to require uniform descriptors for 
refrigerator-freezers should stakeholders desire such a change. For 
now, without further notice and comment, the Commission does not change 
this provision of the Rule.
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    \13\ Though the model descriptions at the label's top left 
portion must be ``consistent'' with the tables in appendix A (Sec.  
305.11(f)(4)), such descriptions do not have to track the language 
in the tables exactly. See 81 FR 63634, 63639, n. 39 (Sept. 15, 
2016) (adding the requirements in Sec.  305.11(f)(4) to ensure 
manufacturers do not list extraneous product features). However, 
explanatory language at the label's lower section must contain the 
specific descriptors set out in Sec.  305.11(f)(9)(iii)) (``models 
with similar features . . .'').
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D. Additional Issues Raised in Comments

    A few commenters offered broad suggestions to improve aspects of 
the Energy Labeling Rule not discussed in NPRM, thus falling outside of 
the scope of the proposed amendments.\14\ For instance, the American 
Public Gas Association (APGA) recommended the Commission consider 
requiring source-based energy efficiency descriptors on the EnergyGuide 
labels to provide consumers with broader information about the overall 
environmental impacts of product use. APGA also urged the Commission to 
consider using marginal energy cost figures for calculating annual 
energy costs on labels, indicating that the average cost figures 
currently used for the labels overstate the costs. APGA urged the 
Commission to raise these issues in the future for further discussion.
---------------------------------------------------------------------------

    \14\ Other comments (Castillo and Chambers) expressed general 
support for the Rule. One commenter (Kremer) argued that the Rule's 
labeling is ``redundant'' and that consumers only need wattage 
information.
---------------------------------------------------------------------------

    Gear also provided several suggestions to improve the labels. 
First, Gear recommended state-by-state energy cost disclosures on the 
label to provide consumers with energy information reflecting the 
utility rates where they live. If such disclosures prove impracticable 
for individual labels, the commenter suggested the Commission consider 
providing this information online. Second, Gear recommended the label 
contain a ``yearly cost compared to average'' disclosure, as well as 
other design changes to address reported concerns with consumer 
comprehension. Finally, Gear recommended the Commission consider 
requiring labels for clothes dryers.
    At this time, the Commission does not propose additional changes to 
the Rule, though it may consider such broader issues in the future. 
Without an opportunity for public comment and further consideration, 
the Commission cannot make such changes at this time. In recent years, 
the Commission has implemented many broad changes related to label 
design, reporting, and other aspects of the labeling program to improve 
information for consumers and industry members.\15\ Accordingly, the 
Commission does not plan to pursue these additional issues as part of 
the present amendments. Instead, the FTC staff will review these issues 
and consider whether to recommend additional amendments or non-
regulatory measures in the future. It will also continue working 
outside the rulemaking context with DOE staff to explore online 
consumer information about the energy use of covered products, 
including source-based impacts and energy costs reflecting state or 
regional variations in fuel rates.
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    \15\ See, e.g., 75 FR 41696 (July 19, 2010) (new light bulb 
labels); 76 FR 1037 (Jan. 6, 2011) (television labels); 78 FR 2200 
(Jan. 1, 2013) (online labels and streamlined reporting); 78 FR 8362 
(Feb. 6, 2013) (regional standards for heating and cooling 
equipment); 80 FR 67285 (Nov. 2, 2015) (expansion of light bulb 
label coverage, increase label durability, and improve plumbing 
disclosures); 81 FR 63633 (Sept. 15, 2016) (improve access to energy 
labels online and improve labels for refrigerators, ceiling fans, 
central air conditioners, and water heaters).
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IV. Paperwork Reduction Act

    The current Rule contains recordkeeping, disclosure, testing, and 
reporting requirements that constitute information collection 
requirements as defined by 5 CFR 1320.3(c), the definitional provision 
within the Office of Management and Budget (OMB) regulations that 
implement the Paperwork Reduction Act. OMB has approved the Rule's 
existing information collection requirements through November 30, 2019 
(OMB Control No. 3084 0069). The amendments do not change the substance 
or frequency of the recordkeeping, disclosure, or reporting 
requirements and, therefore, do not require further OMB clearance.

V. Regulatory Flexibility Act

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

List of Subjects in 16 CFR Part 305

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

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

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

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

    Authority:  42 U.S.C. 6294.

[[Page 7596]]

Sec.  305.2   [Amended]

0
2. In Sec.  305.2(p), remove the words ``energy efficiency ratio 
(EER)'' and add, in their place, ``combined energy efficiency ratio 
(CEER)''.

0
3. In Sec.  305.5, revise paragraph (a), remove paragraph (c), and 
redesignate paragraph (d) as paragraph (c) to read as follows:


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

    (a) Unless otherwise stated in paragraphs (b) and (c) of this 
section, the content of any disclosures required by this part must be 
determined in accordance with the testing and sampling provisions 
required by the Department of Energy as set forth in subpart B to 10 
CFR part 430, 10 CFR part 431, and 10 CFR 429.11.
* * * * *


Sec.  305.7  [Amended]

0
4. In Sec.  305.7(f), remove the word ``EER'' and add, in its place, 
``CEER.''

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


Sec.  305.8   Submission of data.

* * * * *
    (c) All information required by paragraphs (a)(1) through (3) of 
this section must be submitted for new models prior to any distribution 
of such model. Models subject to design or retrofit alterations which 
change the data contained in any annual report shall be reported in the 
manner required for new models. Models which are discontinued shall be 
reported in the next annual report.

0
6. In Sec.  305.10, paragraphs (a), (b), and (c)(2) are revised and 
paragraph (c)(3) is added to read as follows:


Sec.  305.10  Ranges of comparability on the required labels.

    (a) Range of estimated annual energy costs or energy efficiency 
ratings. The range of estimated annual operating costs or energy 
efficiency ratings for each covered product (except televisions, 
ceiling fans, fluorescent lamp ballasts, lamps, metal halide lamp 
fixtures, showerheads, faucets, water closets and urinals) shall be 
taken from the appropriate appendix to this part in effect at the time 
the labels are affixed to the product. The Commission shall publish 
revised ranges in the Federal Register in 2022. When the ranges are 
revised, all information disseminated after 90 days following the 
publication of the revision shall conform to the revised ranges. 
Products that have been labeled prior to the effective date of a 
modification under this section need not be relabeled.
    (b) Representative average unit energy cost. The Representative 
Average Unit Energy Cost to be used on labels as required by Sec.  
305.11 and disclosures as required by Sec.  305.20 are listed in 
appendices K1 and K2 to this part. The Commission shall publish revised 
Representative Average Unit Energy Cost figures in the Federal Register 
in 2022. When the cost figures are revised, all information 
disseminated after 90 days following the publication of the revision 
shall conform to the new cost figure.
    (c) * * *
    (2) Add one of the two sentences below, as appropriate, in the 
space just below the scale on the label, as follows:
    The estimated yearly energy cost of this model was not available at 
the time the range was published.
    The energy efficiency rating of this model was not available at the 
time the range was published.
    (3) For refrigerator and refrigerator-freezer labels:
    (i) If the model's energy cost falls outside of either or both 
ranges on the label, include the language in paragraph (c)(2) of this 
section.
    (ii) If the model's energy cost only falls outside of the range for 
models with similar features, but is within the range for all models, 
include the product on the scale and place a triangle below the dollar 
value.
    (iii) If the model's energy cost falls outside of both ranges of 
comparability, omit the triangle beneath the yearly operating cost 
value.

0
7. Amend Sec.  305.11 by revising paragraphs (d) introductory text, 
(d)(3), and (f)(9)(x) and adding paragraphs (f)(10) and (11) to read as 
follows:


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

* * * * *
    (d) Label types. Except as indicated in paragraph (d)(3) of this 
section, the labels must be affixed to the product in the form of an 
adhesive label or a hang tag as follows:
* * * * *
    (3) Package labels for certain products. Labels for electric 
instantaneous water heaters shall be printed on or affixed to the 
product's packaging in a conspicuous location. Labels for room air 
conditioners produced on or after October 1, 2019 shall be printed on 
or affixed to the principal display panel of the product's packaging.
* * * * *
    (f) * * *
    (9) * * *
    (x) For clothes washers covered by appendices F1 and F2 of this 
part, the statement will read as follows (fill in the blanks with the 
appropriate capacity and energy cost figures):
    Your costs will depend on your utility rates and use.
    Cost range based only on [compact/standard] capacity models.
    Estimated energy cost is based on six wash loads a week and a 
national average electricity cost of __ cents per kWh and natural gas 
cost of $ __ per therm. ftc.gov/energy.
* * * * *
    (10) The following statement shall appear on each label as 
illustrated in the prototype and sample labels in appendix L of this 
part:
    Federal law prohibits removal of this label before consumer 
purchase.
    (11) No marks or information other than that specified in this part 
shall appear on or directly adjoining this label except that:
    (i) A part or publication number identification may be included on 
this label, as desired by the manufacturer. If a manufacturer elects to 
use a part or publication number, it must appear in the lower right-
hand corner of the label and be set in 6-point type or smaller.
    (ii) The energy use disclosure labels required by the governments 
of Canada or Mexico may appear directly adjoining this label, as 
desired by the manufacturer.
    (iii) The manufacturer or private labeler may include the ENERGY 
STAR logo on the bottom right corner of the label for certified 
products. The logo must be 1 inch by 1 inch in size. Only manufacturers 
that have signed a Memorandum of Understanding with the Department of 
Energy or the Environmental Protection Agency may add the ENERGY STAR 
logo to labels on certified covered products; such manufacturers may 
add the ENERGY STAR logo to labels only on those covered products that 
are contemplated by the Memorandum of Understanding.

0
8. In Sec.  305.12, revise paragraphs (g)(12)(ii), (g)(13)(ii), (g)(14) 
introductory text, and (g)(14)(ii) to read as follows:


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

* * * * *
    (g) * * *
    (12) * * *
    (ii) A map appropriate for the model and accompanying text as 
illustrated in

[[Page 7597]]

the sample label 7 in appendix L of this part.
* * * * *
    (13) * * *
    (ii) A map appropriate for the model and accompanying text as 
illustrated in the sample label 7 in appendix L of this part.
* * * * *
    (14) For any single-package air conditioner with a minimum EER 
below 11.0, the label must contain the following regional standards 
information:
* * * * *
    (ii) A map appropriate for the model and accompanying text as 
illustrated in the sample label 7 in appendix L of this part.
* * * * *


Sec.  305.16   [Amended]

0
9. Amend Sec.  305.16 by removing paragraph (a)(5).

0
10. Appendix C1 to part 305 is revised to read as follows:

Appendix C1 to Part 305--Compact Dishwashers

Range Information

    ``Compact'' includes countertop dishwasher models with a 
capacity of fewer than eight (8) place settings. Place settings 
shall be in accordance with appendix C to 10 CFR part 430, subpart 
B. Load patterns shall conform to the operating normal for the model 
being tested.

------------------------------------------------------------------------
                                             Range of estimated annual
                                            energy costs (dollars/year)
                Capacity                 -------------------------------
                                                Low            High
------------------------------------------------------------------------
Compact.................................             $17             $27
------------------------------------------------------------------------


0
11. Appendix C2 to part 305 is revised to read as follows:

Appendix C2 to Part 305--Standard Dishwashers

Range Information

    ``Standard'' includes dishwasher models with a capacity of eight 
(8) or more place settings. Place settings shall be in accordance 
with appendix C to 10 CFR part 430, subpart B. Load patterns shall 
conform to the operating normal for the model being tested.

------------------------------------------------------------------------
                                             Range of estimated annual
                                            energy costs (dollars/year)
                Capacity                 -------------------------------
                                                Low            High
------------------------------------------------------------------------
Standard................................             $26             $40
------------------------------------------------------------------------


0
12. Appendix E to part 305 is revised to read as follows:

Appendix E to Part 305--Room Air Conditioners

Range Information

------------------------------------------------------------------------
                                             Range of estimated annual
Manufacturer's rated cooling capacity in    energy costs (dollars/year)
                Btu's/hr                 -------------------------------
                                                Low            High
------------------------------------------------------------------------
Without Reverse Cycle and with Louvered
 Sides:
    Less than 6,000 Btu.................             $40             $53
    6,000 to 7,999 Btu..................              48              72
    8,000 to 13,999 Btu.................              65             127
    14,000 to 19,999 Btu................             115             182
    20,000 and more Btu.................             189             386
Without Reverse Cycle and without
 Louvered Sides:
    Less than 6,000 Btu.................             (*)             (*)
    6,000 to 7,999 Btu..................              58              80
    8,000 to 13,999 Btu.................              69             147
    14,000 to 19,999 Btu................             117             158
    20,000 and more Btu.................             (*)             (*)
With Reverse Cycle and with Louvered                  68             238
 Sides..................................
With Reverse Cycle, without Louvered                 (*)             (*)
 Sides..................................
------------------------------------------------------------------------
* No sufficient data submitted.


[[Page 7598]]


0
13. Revise appendices G1, G2, G3, G4, G5, G6, G7, and G8 to read as 
follows:

Appendix G1 to Part 305--Furnaces--Gas

------------------------------------------------------------------------
                                               Range of annual fuel
                                             utilization efficiencies
              Furnace type                            (AFUEs)
                                         -------------------------------
                                                Low            High
------------------------------------------------------------------------
Non-Weatherized Gas Furnaces--All                   80.0            98.7
 Capacities.............................
Weatherized Gas Furnaces--All Capacities            81.0            95.0
------------------------------------------------------------------------

Appendix G2 to Part 305--Furnaces--Electric

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

Appendix G3 to Part 305--Furnaces--Oil

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

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

------------------------------------------------------------------------
                                               Range of annual fuel
                                             utilization efficiencies
                  Type                                (AFUEs)
                                         -------------------------------
                                                Low            High
------------------------------------------------------------------------
Mobile Home Gas Furnaces--All Capacities            80.0            97.3
------------------------------------------------------------------------

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

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

Appendix G6 to Part 305--Boilers (Gas)

------------------------------------------------------------------------
                                               Range of annual fuel
                                             utilization efficiencies
                  Type                                (AFUEs)
                                         -------------------------------
                                                Low            High
------------------------------------------------------------------------
Gas Boilers (except steam)--All                     82.0            96.8
 Capacities.............................
Gas Boilers (steam)--All Capacities.....            80.4            83.4
------------------------------------------------------------------------


[[Page 7599]]

Appendix G7 to Part 305--Boilers (Oil)

------------------------------------------------------------------------
                                               Range of annual fuel
                                             utilization efficiencies
                  Type                                (AFUEs)
                                         -------------------------------
                                                Low            High
------------------------------------------------------------------------
Oil Boilers--All Capacities.............            82.0            90.0
------------------------------------------------------------------------

Appendix G8 to Part 305--Boilers (Electric)

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


0
14. Appendices J1 and J2 are revised to read as follows:

Appendix J1 to Part 305--Pool Heaters--Gas

Range Information

----------------------------------------------------------------------------------------------------------------
                                                              Range of thermal efficiencies (percent)
                                                 ---------------------------------------------------------------
     Manufacturer's rated heating capacities                Natural Gas                       Propane
                                                 ---------------------------------------------------------------
                                                        Low            High             Low            High
----------------------------------------------------------------------------------------------------------------
All capacities..................................            82.0            96.0            82.0            96.0
----------------------------------------------------------------------------------------------------------------

Appendix J2 to Part 305--Pool Heaters--Oil

Range Information

------------------------------------------------------------------------
                                           Range of thermal efficiencies
                                                     (percent)
 Manufacturer's rated heating capacities -------------------------------
                                                Low            High
------------------------------------------------------------------------
All capacities..........................             (*)             (*)
------------------------------------------------------------------------
* No data submitted.

Appendix K to Part 305 [Removed]

0
15. Appendix K to part 305 is removed.

[[Page 7600]]


0
16. Appendices K1 and K2 are added to read as follows:

Appendix K1 to Part 305--Representative Average Unit Energy Costs for 
Refrigerators, Refrigerator-Freezers, Freezers, Clothes Washers, and 
Water Heater Labels

    This Table contains the representative unit energy costs that 
must be utilized to calculate estimated annual energy cost 
disclosures required under Sec. Sec.  305.11 and 305.20 for 
refrigerators, refrigerator-freezers, freezers, clothes washers, and 
water heaters. This Table is based on information published by the 
U.S. Department of Energy in 2013.

----------------------------------------------------------------------------------------------------------------
                                                                                      As required by DOE test
                  Type of energy                       In commonly used terms                procedure
----------------------------------------------------------------------------------------------------------------
Electricity......................................  [cent]12.00/kWh \2\ \3\.......  $.1200/kWh.
Natural Gas......................................  $1.09/therm \4\ or $11.12/MCF   $0.0000109/Btu.
                                                    \5\ \6\.
No. 2 Heating Oil................................  $3.80/gallon \7\..............  $0.00002740/Btu.
Propane..........................................  $2.41/gallon \8\..............  $0.00002639/Btu.
Kerosene.........................................  $4.21/gallon \9\..............  $0.00003119/Btu.
----------------------------------------------------------------------------------------------------------------
\1\ Btu stands for British thermal unit.
\2\ kWh stands for kiloWatt hour.
\3\ 1 kWh = 3,412 Btu.
\4\ 1 therm = 100,000 Btu. Natural gas prices include taxes.
\5\ MCF stands for 1,000 cubic feet.
\6\ For the purposes of this table, 1 cubic foot of natural gas has an energy equivalence of 1,023 Btu.
\7\ For the purposes of this table, 1 gallon of No. 2 heating oil has an energy equivalence of 138,690 Btu.
\8\ For the purposes of this table, 1 gallon of liquid propane has an energy equivalence of 91,333 Btu.
\9\ For the purposes of this table, 1 gallon of kerosene has an energy equivalence of 135,000 Btu.

Appendix K2 to Part 305--Representative Average Unit Energy Costs for 
Dishwasher and Room Air Conditioner Labels

    This Table contains the representative unit energy costs that must 
be utilized to calculate estimated annual energy cost disclosures 
required under Sec. Sec.  305.11 and 305.20 for dishwashers and room 
air conditioners. This Table is based on information published by the 
U.S. Department of Energy in 2017.

----------------------------------------------------------------------------------------------------------------
                                                                                       As required by DOE test
                    Type of energy                        In commonly used terms              procedure
----------------------------------------------------------------------------------------------------------------
Electricity..........................................  [cent]13.00/kWh \2\ \3\....  $.1300/kWh.
Natural Gas..........................................  $1.05/therm \4\ or $10.86/   $0.00001052/Btu.
                                                        MCF \5\ \6\.
No. 2 Heating Oil....................................  $2.59/gallon \7\...........  $0.00001883/Btu.
Propane..............................................  $1.53/gallon \8\...........  $0.00001672/Btu.
Kerosene.............................................  $3.01/gallon \9\...........  $0.00002232/Btu.
----------------------------------------------------------------------------------------------------------------
\1\ Btu stands for British thermal units.
\2\ kWh stands for kilowatt hour.
\3\ kWh = 3,412 Btu.
\4\ therm = 100,000 Btu.
\5\ MCF stands for 1,000 cubic feet.
\6\ For the purposes of this table, one cubic foot of natural gas has an energy equivalence of 1,032 Btu.
\7\ For the purposes of this table, one gallon of No. 2 heating oil has an energy equivalence of 137,561 Btu.
\8\ For the purposes of this table, one gallon of liquid propane has an energy equivalence of 91,333 Btu.
\9\ For the purposes of this table, one gallon of kerosene has an energy equivalence of 135,000 Btu.


0
17. In appendix L, revise prototype label 2, add sample label 2 in 
alphanumeric order, revise sample labels 3 and 4, add sample label 6 in 
alphanumeric order, and revise sample labels 9 and 9A to read as 
follows:
* * * * *
BILLING CODE 6750-01-P

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* * * * *

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* * * * *

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2018-03665 Filed 2-21-18; 8:45 am]
 BILLING CODE 6750-01-C