This document, concerning Labeling Requirements for Commercial and Industrial Equipment, is 

a rulemaking action issued by the Department of Energy. Though it is not intended or expected, 

should any discrepancy occur between the document posted here and the document published in 

the Federal Register, the Federal Register publication controls. This document is being made 

available through the Internet solely as a means to facilitate the public's access to this document. 

Scheduled publication: December 20, 2012 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[6450-01-P] 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

(Docket No. EERE-2012-BT-NOA-0037) 

RIN: 1904-AC84 

Labeling Requirements for Commercial and Industrial Equipment 

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy 

ACTION: Request for Information (RFI) 

SUMMARY: The Energy Policy and Conservation Act as amended prescribes energy 

conservation standards for certain commercial and industrial equipment, and requires the 

Department of Energy (DOE) to administer an energy conservation program for the equipment, 

including the development of labeling requirements. In this notice, DOE requests information 

from interested parties regarding the potential for establishing labeling requirements for covered 

commercial and industrial equipment, including information about the technical and economic 

feasibility of labeling such equipment, the extent to which labeling would assist consumers in 

making purchasing decisions, the potential for significant energy savings resulting from 

labeling, the potential content and format of prospective labels for each type of equipment, the 

ideal location of placement for any such labels, and prospective burdens on manufacturers 

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associated with labeling of covered equipment. Additional input and suggestions relevant to 

labeling of commercial and industrial equipment are also welcome. 

DATES: Written comments and information are requested by March 20, 2013. 

ADDRESSES: Interested persons may submit comments in writing, identified by docket number 

EERE-2012-BT-NOA-0037, by any of the following methods: 

Federal eRulemaking Portal: www.regulations.gov Follow the instructions for submitting 

comments. 

E-mail: Labeling-RFI-2012-NOA-0037@ee.doe.gov. Include EERE-2012-BT-NOA0037 and/or RIN 1904-AC84 in the subject line of the message. 

Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, 

Mailstop EE-2J, Request for Information for Commercial and Industrial Pumps, 

EERE-2012-BT-NOA-0037 and/or RIN 1904-AC84, 1000 Independence Avenue 

SW., Washington, D.C. 20585-0121. Phone: (202) 586-2945. Please submit one 

signed paper original. 

Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building 

Technologies Program, Suite 600, 950 L’Enfant Plaza, SW., Washington, D.C. 

20024. Phone: (202) 586-2945. Please submit one signed paper original. 

Instructions: All submissions received must include the agency name and docket 

number. 

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Docket: For access to the docket to read background documents or comments received, 

visit the U.S. Department of Energy, Resource Room of the Building Technologies Program, 950 

L’Enfant Plaza, SW., Suite 600, Washington, D.C., 20024, (202) 586-2945, between 9:00 a.m. 

and 4:00 p.m., Monday through Friday, except Federal holidays. Please call Ms. Brenda Edwards 

at the above telephone number for additional information regarding visiting the Resource Room. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Lucas Adin, U.S. Department of Energy, Office of Energy Efficiency and Renewable 

Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington, 

DC 20585-0121. Telephone: (202) 287-1317. E-mail: Lucas.Adin@ee.doe.gov. 

In the Office of General Counsel, Ms. Elizabeth Kohl, U.S. Department of Energy, Office 

of the General Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-0121. 

Telephone: (202) 586-7796. E-mail: Elizabeth.Kohl@hq.doe.gov. 

I. SUPPLEMENTARY INFORMATION: 

Title III of the Energy Policy and Conservation Act (EPCA) of 1975, as amended (42 

U.S.C. 6291 et seq.), sets forth various provisions designed to improve energy efficiency. Part C 

of Title III includes measures to improve the energy efficiency of commercial and industrial 

equipment, the subject of this notice. 1 See 42 U.S.C. 6311-6316. 

Covered Equipment 

1 Part C was re-designated Part A-1 on codification of the U.S. Code for editorial reasons. 

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EPCA defines the types of commercial and industrial equipment that are “covered 

equipment,” which includes the following: electric motors and pumps; commercial HVAC and 

water heating equipment (small, large, and very large commercial package air conditioning and 

heating equipment, packaged terminal air conditioners and packaged terminal heat pumps, warm 

air furnaces packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot 

water storage tanks); commercial refrigerators, freezers, and refrigerator-freezers; automatic 

commercial icemakers; commercial clothes washers; and walk-in coolers and walk-in freezers. 

(42 U.S.C. 6311(A)) The Energy Policy Act of 1992, which amended EPCA, added highintensity discharge lamps, distribution transformers, and small electric motors as covered 

equipment. (42 U.S.C. 6317). 

Evaluation of Labeling for Commercial and Industrial Equipment 

EPCA requires DOE to prescribe labeling rules for any class of covered equipment for 

which DOE has prescribed test procedures under section 6314. 42 U.S.C. 6315(a). DOE cannot, 

however, prescribe a labeling rule unless it has determined that labeling would be 

technologically and economically feasible with respect to the class of covered equipment 

addressed by the rule, that significant energy savings would result from such labeling, and that 

labeling would be likely to assist consumers in making purchasing decisions. 42 U.S.C. 6315(h). 

EPCA further specifies certain aspects of equipment labeling that DOE must consider in 

any rulemaking establishing labeling requirements for covered equipment. At a minimum, such 

labels must include the energy efficiency of the equipment to which the rulemaking applies, as 

tested under the prescribed DOE test procedure. Such rule may also require the disclosure of 

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estimated annual operating costs and energy use determined in accordance with the prescribed 

DOE test procedure. In addition, the labeling rulemaking may consider the addition of other 

specifications for equipment labels if DOE determines that the information is likely to assist 

purchasers in making purchasing decisions. These specification include: directions for the 

display of the label; a requirement to display on the label additional information related to energy 

efficiency or energy consumption, which may include instructions for maintenance and repair of 

the covered equipment, as necessary to provide adequate information to purchasers; and 

requirements that printed matter displayed or distributed with the equipment at the point of sale 

also include the information required by the labeling rule to be displayed on the label. 42 U.S.C. 

6315(b), (c). 

In addition to these general requirements, EPCA also has specific requirements that apply 

to any labeling rule prescribed for certain types of covered equipment. Specific requirements are 

established for electric motors, for which DOE has already prescribed labeling requirements, as 

well as for commercial HVAC and water heating equipment, commercial refrigerators, 

refrigerator-freezers, and freezers, automatic commercial ice makers, commercial clothes 

washers, and walk-in coolers and walk-in freezers. These equipment-specific provisions require 

that any labeling rule prescribed by DOE for covered equipment require labels to display the 

energy efficiency of the equipment on the permanent nameplate affixed to the product, require 

that the manufacturer prominently display the energy efficiency of the equipment in new 

equipment catalogues used to advertise the equipment, and include any other markings that DOE 

determines necessary solely to facilitate enforcement of the applicable energy conservation 

standards prescribed for the equipment. 42 U.S.C. 6315(d), (e). 

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To begin the process of considering labeling requirements for covered equipment, DOE 

is seeking information from manufacturers and other stakeholders regarding each of these items, 

as well as any other aspect of prospective labeling requirements that may affect equipment 

covered by such rules. Specific questions for stakeholders are listed in section II.2 of this notice. 

DOE understands that determining the specific impacts of a labeling requirement for a given type 

of covered equipment may be difficult in the absence of a specific proposal. In such cases, DOE 

requests that commenters consider, at a minimum, the prospective impacts if DOE were to 

prescribe labeling rules that comply with the most basic requirements set forth in 42 U.S.C. 

6315. DOE is also interested in all aspects of prospective labeling requirements, including 

benefits that may be realized from extending requirements beyond the minimum EPCA 

requirements, with the understanding that such estimates may be speculative. 

Interested parties will also have further opportunities to provide input on any specific 

labeling regulations proposed by DOE. EPCA requires that DOE provide a public comment 

period of at least 45 days and allow interested parties to present oral and written data, views and 

arguments on any proposed labeling rule. 42 U.S.C. 6315(g). 

Other Regulatory Programs 

The Federal Trade Commission (FTC) prescribes labeling requirements for certain 

covered consumer products. 42 U.S.C. 6294. While the FTC does not have any specific 

obligation under EPCA to set labeling requirements for covered commercial and industrial 

equipment, in the absence of a labeling rule prescribed by DOE for any such equipment, the FTC 

would retain authority to set such requirements. 42 U.S.C. 6315(k). In addition, as required by 

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EPCA, DOE will consult with and obtain the written views of the FTC prior to prescribing a new 

labeling requirement for covered equipment. 42 U.S.C. 6315(f). 

The Energy Policy Act of 2005 (EPACT 2005) added provisions to Part A of EPCA 

related to energy conservation standards and test procedures for refrigerated beverage vending 

machines, illuminated exit signs, low voltage dry-type distribution transformers, traffic signal 

modules and pedestrian modules, and commercial prerinse spray valves (42 U.S.C. 6295(v), (w), 

(y), (z), and (dd)) and definitions of these products (42 U.S.C. 6291). DOE or the FTC may 

establish labeling requirements for these products after a test procedure has been prescribed. 42 

U.S.C. 6294(a)(5). DOE also seeks comment on appropriate labeling requirements for these 

products in section II.2. Similarly, the Energy Independence and Security Act of 2007 (EISA) 

added metal halide lamp fixtures to Part A of EPCA at 42 U.S.C 6295(hh). The FTC establishes 

labeling requirements for metal halide lamp fixtures. 42 U.S.C. 6294(a)(2)(C) 

Compliance 

Any labeling rule that DOE prescribes for covered industrial equipment would not apply 

to equipment manufactured before the effective date of any final rule. Compliance with any final 

labeling rule would not be required until 3 months following the publication of any final rule. If 

DOE determines that additional time is needed for compliance with the prescribed rules, the 

compliance date may be extended to 6 months after the date of publication. 42 U.S.C. 6315(j) 

and 42 U.S.C. 6315(g)(2). 

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II. PUBLIC PARTICIPATION: 

1. Submission of Information 

DOE will accept information and data in response to this Request for Information as 

provided in the DATES section above. Information submitted toDOE by e-mail should be 

provided in WordPerfect, Microsoft Word, PDF, or text file format. Those responding should 

avoid the use of special characters or any form of encryption, and wherever possible, comments 

should include the electronic signature of the author. Comments submitted to DOE by mail or 

hand delivery/courier should include one signed original paper copy. No telefacsimiles will be 

accepted. Comments submitted in response to this notice will become a matter of public record 

and will be made publicly available. 

2. Issues on Which DOE Seeks Information 

DOE welcomes comments on issues related to the labeling of commercial and industrial 

products. DOE is particularly interested in receiving comments from interested parties on the 

following issues: 

(1)	 The economic and technological feasibility of prospective labeling requirements for each 

type of covered equipment; 

(2)	 The extent to which labeling requirements for each type of covered equipment would 

assist consumers in making purchasing decisions; 

(3)	 The likelihood that labeling requirements prescribed for each type of covered equipment 

would result in additional energy savings and the significance of any such prospective 

energy savings; 

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