49948 Federal Register / Vol. 72, No. 167 / Wednesday, August 29, 2007 / Rules and Regulations 

142 U.S.C. 6291 et seq. 

2ANPR (66 FR 66307 (Nov. 2, 2005)); Workshop 

Notice (71 FR 18023 (April 10, 2006)); Research 

Notice (71 FR 36088 (June 23, 2006)); and NPRM 

(72 FR 6836 (Feb. 13, 2007)). 

342 U.S.C. 6294. For most products, the 

Commission must prescribe labeling rules unless it 

determines that labeling is not technologically or 

economically feasible (42 U.S.C. 6294(a)(1)). The 

statute requires labels for central air conditioners, 

heat pumps, furnaces, and clothes washers unless 

the Commission finds that labeling is not 

technologically or economically feasible or is not 

likely to assist consumers in making purchasing 

decisions (42 U.S.C. 6294(a)(2)(A)). Pursuant to 

§ 6294(a)(1), the Commission previously 

determined not to require labeling for television 

sets, kitchen ranges, ovens, clothes dryers, 

humidifiers, dehumidifiers, and certain home 

heating equipment other than furnaces. See 44 FR 

66466, 66468-66469 (Nov. 19, 1979). 

4Section 323 of EPCA (42 U.S.C. 6293) directs 

DOE to develop test procedures for major 

household appliances. Manufacturers must follow 

these test procedures to determine their products’ 

compliance with DOE’s energy conservation 

standards (required by 42 U.S.C. 6295) and to 

derive the energy consumption or efficiency values 

to disclose on required labels. 

5More information about the Rule can be found 

at: http://www.ftc.gov/appliances. 

644 FR 66466 (Nov. 19, 1979). 

FEDERAL TRADE COMMISSION 

16 CFR Part 305 

[RIN 3084-AB03] 

Rule Concerning Disclosures 

Regarding Energy Consumption and 

Water Use of Certain Home Appliances 

and other Products Required Under 

the Energy Policy and Conservation 

Act (‘‘Appliance Labeling Rule’’) 

AGENCY: Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’). 

ACTION: Final rule. 

SUMMARY: Section 137 of the Energy 

Policy Act of 2005 (Pub. L. 109-58) 

requires the Commission to conduct a 

rulemaking to examine the effectiveness 

of current energy efficiency labeling 

requirements for consumer products 

covered by the Energy Policy and 

Conservation Act. The Commission has 

completed the required rulemaking and 

is publishing final amendments to the 

Appliance Labeling Rule (16 CFR Part 

305). 

DATES: The amendments published in 

this notice will become effective 

February 29, 2008. 

ADDRESSES: Requests for copies of this 

document should be sent to: Public 

Reference Branch, Room 130, Federal 

Trade Commission, 600 Pennsylvania 

Avenue, NW, Washington, DC 20580. 

The complete record of this proceeding 

is also available at that address. 

Relevant portions of the 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 NJ-2122, 600 

Pennsylvania Avenue, N.W., 

Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: 

Table Of Contents 

I. Introduction 

II. Energy Policy and Conservation Act 

Labeling Requirements 

III. FTC’s Appliance Labeling Rule 

IV. Procedural History 

V. Section-by-Section Description of Final 

Amendments 

VI. Effectiveness and Benefits of the Current 

Label 

VII. Discussion of Comments and Final 

Amendments 

A. New Label Designs 

B. ENERGY STAR Logo Placement 

C. Requirements for Heating and Cooling 

Equipment 

D. Refrigerator Categories 

E. Revisions to Ranges of Comparability 

and Energy Price Information 

F. MEF Descriptor for Clothes Washers 

G. Placement of the EnergyGuide Label on 

Covered Products 

H. Catalog Requirements 

I. Fuel Cycle Energy Consumption 

J. Clothes Washer Labels 

L. Television Labeling 

M. Miscellaneous Amendments and Issues 

VIII. Paperwork Reduction Act 

IX.Regulatory Flexibility Act 

X. Final Rule Language 

I. Introduction 

Section 137 of the Energy Policy Act 

of 2005 (EPACT 2005) (Pub. L. 109-58) 

amends the Energy Policy and 

Conservation Act of 1975 (EPCA)1 to 

require the Commission to initiate a 

rulemaking to consider ‘‘the 

effectiveness of the consumer products 

labeling program in assisting consumers 

in making purchasing decisions and 

improving energy efficiency.’’ As part of 

this effort, the Act directs the 

Commission to consider ‘‘changes to the 

labeling rules (including categorical 

labeling) that would improve the 

effectiveness of consumer product 

labels.’’ The Act directs the Commission 

to complete the rulemaking within two 

years. Following that law’s enactment 

on August 8, 2005, the Commission 

published an Advance Notice of 

Proposed Rulemaking (ANPR), held a 

workshop, conducted consumer 

research, and published a Notice of 

Proposed Rulemaking (NPRM).2 Based 

on comments received and the FTC’s 

own consumer research, the 

Commission is now publishing final 

amendments to the Appliance Labeling 

Rule (16 CFR Part 305). The 

amendments implement a new design 

for EnergyGuide labels and make several 

other changes to update and improve 

the Rule. 

II. Energy Policy and Conservation Act 

Labeling Requirements 

Section 324 of EPCA requires the FTC 

to prescribe labeling rules for: (1) the 

disclosure of estimated annual energy 

cost or alternative energy consumption 

information for a variety of products 

covered by the statute, including home 

appliances (e.g., refrigerators, 

dishwashers, air conditioners, and 

furnaces), and lighting products, and (2) 

the disclosure of water use information 

for certain plumbing products.3 Labels 

for appliances covered under EPCA 

must disclose the estimated annual 

operating cost of such products, as 

determined by the Department of Energy 

(DOE) test procedures (42 U.S.C. 

6294(c)).4 The Commission, however, 

may require a different measure of 

energy consumption if DOE determines 

that a cost disclosure is not 

technologically feasible, or if the 

Commission determines a cost 

disclosure is not likely to assist 

consumers in making purchasing 

decisions or is not economically feasible 

(42 U.S.C. 6294(c)(1)). Section 324(c) 

also requires that the label for 

appliances contain information about 

the range of estimated annual operating 

costs (or energy consumption) for 

covered products. The Commission may 

require the disclosure of energy 

information found on the label in any 

printed material displayed or 

distributed at the point of sale (42 

U.S.C. 6294(c)(4)). In addition, the 

Commission may direct manufacturers 

to provide additional energy-related 

disclosures on the label (or information 

shipped with the product) including 

instructions for the maintenance, use, or 

repair of the covered product (42 U.S.C. 

6294(c)(5)). 

III. FTC’s Appliance Labeling Rule 

The Commission’s Appliance 

Labeling Rule implements the 

requirements of EPCA by directing 

manufacturers to disclose energy 

information about major household 

appliances. This information enables 

consumers to compare the energy use or 

efficiency of competing models.5 When 

initially published in 1979,6 the Rule 

applied to eight appliance categories: 

refrigerators, refrigerator-freezers, 

freezers, dishwashers, water heaters, 

clothes washers, room air conditioners, 

and furnaces. Subsequently, the 

Commission expanded the Rule’s 

coverage to include central air 

conditioners, heat pumps, fluorescent 

lamp ballasts, plumbing products, 


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Federal Register / Vol. 72, No. 167 / Wednesday, August 29, 2007 / Rules and Regulations 49949 

7See 52 FR 46888 (Dec. 10, 1987) (central air 

conditioners and heat pumps); 54 FR 28031 (July 

5, 1989) (fluorescent lamp ballasts); 58 FR 54955 

(Oct. 25, 1993) (certain plumbing products); 59 FR 

25176 (May 13, 1994) (lighting products); and 59 FR 

49556 (Sept. 28, 1994) (pool heaters). 

8ENERGY STAR, which is administered by the 

Environmental Protection Agency (EPA) and DOE, 

is a voluntary U.S. Government labeling program to 

identify and promote energy-efficient products. See 

http://www.energystar.gov. 

9Comments on the ANPR are available at: http:// 

www.ftc.gov/os/comments/energylabeling/ 

index.htm. 

10The Commission announced the Workshop in 

an April 10, 2006 Federal Register notice (71 FR 

18023). Written comments related to the Workshop 

are available at: http://www.ftc.gov/os/comments/ 

energylabeling-workshop/index.htm. A copy of the 

Workshop transcript is available at: http:// 

www.ftc.gov/os/comments/energylabelingworkshop/060503wrkshoptrnscript.pdf. 

11Comments submitted in response to the June 

notice are available at: http://www.ftc.gov/os/ 

comments/appliancelabelingresearch/index.htm. 

1272 FR 6836 (Feb. 13, 2007). 

13This information can be found at: http:// 

www.ftc.gov/opa/2007/01/fyi0714.htm. 

14Comments submitted in response to the NPRM 

are available at: http://www.ftc.gov/os/comments/ 

appliancelabel-energyguidereview/index.shtm. 

lighting products, and certain types of 

water heaters.7

Under the Rule, manufacturers must 

disclose specific energy information 

about their appliances at the point of 

sale in the form of a yellow 

EnergyGuide label affixed to each unit. 

The information on the label also must 

appear in catalogs from which covered 

products can be ordered. Manufacturers 

of furnaces, central air conditioners, and 

heat pumps also must provide energy 

information in either fact sheets or an 

industry directory. 

Required labels for appliances contain 

three key pieces of information. First, 

the labels disclose the energy 

consumption or energy efficiency rating 

of the appliance, as determined from 

standard DOE tests. Second, some labels 

include a ‘‘range of comparability’’

(published by the Commission) that 

shows the highest and lowest energy 

consumption or efficiencies for all 

similar models. Third, labels for most 

appliances must provide the product’s 

estimated annual operating cost. 

Manufacturers calculate these costs 

using national average energy cost (i.e., 

representative average energy cost) 

figures published by DOE. 

The Rule contains specific 

requirements for the content and format 

of the EnergyGuide labels. 

Manufacturers must use a yellow label 

with the EnergyGuide headline and 

must provide information in the format 

and type prescribed. Additionally, 

manufacturers cannot place any 

information on the label other than that 

specifically allowed by the Rule. In 

2000, the Commission issued an 

exemption allowing manufacturers to 

include the ‘‘ENERGY STAR’’ logo on 

the EnergyGuide label for covered 

appliances (65 FR 17554 (Apr. 3, 

2000)).8

The Commission’s Rule also requires 

certain reporting requirements that 

direct manufacturers of most covered 

products to file reports with the FTC 

both annually and when they begin 

manufacturing new models. These 

reports must contain the estimated 

annual energy consumption or energy 

efficiency ratings for the appliances 

derived from tests conducted pursuant 

to the DOE procedures (16 CFR 

§ 305.8(b)). Energy information 

submitted pursuant to these 

requirements is available on the 

Commission’s website at http:// 

www.ftc.gov/appliances. 

Finally, the Rule has different labeling 

requirements for non-appliance 

consumer products (16 CFR § 305.11(d), 

(e), & (f)). Manufacturers of 

showerheads, faucets, toilets, and 

urinals must disclose water usage 

information on their products, 

packaging, and labeling. Manufacturers 

of certain incandescent bulbs, spot and 

flood bulbs, and screw-base compact 

fluorescent bulbs must disclose light 

output in lumens, energy used in watts, 

voltage, average life, and number of 

bulbs on their packaging. They also 

must explain how purchasers can select 

the most energy efficient bulb for their 

needs. 

IV. Procedural History 

The Commission initiated this 

proceeding on November 2, 2005 with 

the publication of an ANPR that sought 

comments on the effectiveness of the 

FTC’s energy labeling regulations. (70 

FR 66307). The ANPR also announced 

that the Commission would conduct its 

periodic regulatory review as part of this 

rulemaking. In response, the 

Commission received 28 comments.9

Following the receipt of ANPR 

comments, the Commission announced 

plans to conduct consumer research on 

various label designs to examine the 

effectiveness of the current label and to 

obtain information about alternatives 

(March 15, 2006 (71 FR 13398)). Based 

on the comments received in response 

to the ANPR, the Commission then 

conducted a Public Workshop 

(‘‘Workshop’’) on May 3, 2006 to discuss 

a variety of issues associated with the 

labeling program, including: (1) 

EnergyGuide label design, (2) 

refrigerator comparability ranges, (3) 

labels for heating and cooling 

equipment, and (4) television labeling. 

After conducting the Workshop, the 

Commission received ten additional 

written comments.10

Using information adduced at the 

workshop, the Commission published 

an additional notice containing details 

about its planned consumer research 

project, including drafts of the 

appliance labels that the Commission 

planned to use in the project. (June 23, 

2006 (71 FR 36088)). The Commission 

received eight comments in response to 

that notice.11 Armed with all this 

information, the FTC staff conducted 

consumer research on various label 

designs in October 2006. 

Based on all the comments, the 

Workshop, and the FTC’s consumer 

research, the Commission published a 

NPRM.12 The NPRM contained a variety 

of proposed amendments, including a 

new EnergyGuide label design and 

significant changes to the disclosure 

requirements for heating and cooling 

equipment. The NPRM also contained 

detailed information about the design 

and the results of the FTC’s consumer 

research.13 The Commission received 17 

comments in response to the NPRM.14

Based on our review of these comments 

and all other information submitted 

during the course of this rulemaking, 

the Commission is now issuing final 

amendments to the Rule. 

V. Section-by-Section Description of 

Final Amendments 

The following are brief descriptions of 

the final amendments set out in this 

Notice. 

Section 305.2 Definitions: To make 

section 305.2 more user-friendly, the 

Final Rule places the definitions in 

alphabetical order. In addition, the 

definition of catalog has been amended 

to clarify that the term covers both 

paper and Internet-based catalogs. 

Section 305.3 Description of covered 

products: The Final Rule amends the 

description of refrigerators and 

refrigerator freezers to make it 

consistent with DOE regulations. 

Section 305.4 Prohibited acts: The 

Final Rule contains nonsubstantive, 

conforming changes to several citations 

in this section. 

Section 305.5 Determinations of 

estimated annual energy consumption, 

estimated annual operating cost, energy 

efficiency rating, and water use rate: 

The Final Rule clarifies that this section 

does not apply to covered appliances for 

which DOE has not issued test 

procedures. 

Section 305.7 Determinations of 

capacity: Under the Final Rule, 

manufacturers must determine 

refrigerator and refrigerator-freezer 


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49950 Federal Register / Vol. 72, No. 167 / Wednesday, August 29, 2007 / Rules and Regulations 

15The Rule will continue to require only the 

disclosure of total refrigerated volume for the 

EnergyGuide label. 16We note that the Final Rule eliminates existing 

section 305.12 (‘‘Additional information relating to 

energy consumption’’). This provision was 

unnecessary because it contained no substantive 

requirements and was simply a placeholder for 

future disclosure requirements. 

17The Final Rule also removes an incorrect 

reference to ‘‘energy cost’’ in section 305.14(a)(8) of 

the Proposed Rule. 

18The Final Rule also removes an incorrect crossreference to section 305.14 in the cost table at 

Appendix K. 

capacity using DOE standards.15

Manufacturers must report this 

information to the FTC pursuant to 

section 305.8 of the Rule. 

Section 305.8 Submission of data: 

The Final Rule clarifies that required 

reports for appliances include the brand 

name of the reported model, if it is 

different from the name of the 

manufacturer. 

Section 305.9 Representative average 

unit energy cost: The Final Rule 

removes and reserves this section. The 

information previously provided by 

section 305.9 is now published in 

Appendix K of the Final Rule. 

Section 305.10 Ranges of 

comparability on the required labels: 

The Final Rule changes this section to 

direct the Commission to amend range 

of comparability and representative 

average energy cost information every 

five years. 

Redesignation of sections 305.13, 

305.14, 305.15, 305.16, 305.17, 305.18 

and 305.19: The Final Rule divides 

section 305.11 into several smaller, less 

cluttered sections. To make room for 

these new sections, the Final Rule 

redesignates these sections as 305.19, 

305.20, 305.21, 305.22, 305.23, 305.24 

and 305.25, respectively. 

Requirements for lighting and 

plumbing products (newly designated 

sections 305.15 and 305.16): Under the 

Final Rule, the labeling and marking 

requirements for lighting and plumbing 

products previously in section 305.11 

have been moved to redesignated 

sections 305.15 (lighting) and 305.16 

(plumbing). The Final Rule contains no 

substantive change to existing 

requirements for these products. 

Section 305.11 Labeling for 

refrigerators, refrigerator-freezers, 

freezers, dishwashers, clothes washers, 

water heaters, room air conditioners, 

and pool heaters: The Final Rule 

amends this section to require operating 

cost as the primary disclosure on the 

EnergyGuide label for all these products 

except pool heaters. The Final Rule also 

requires new language to clarify the 

scope of the comparison ranges on the 

labels. Additionally, the Final Rule 

modifies and clarifies requirements 

related to the label placement on 

covered products. 

Sections 305.12 (newly designated) 

Labeling for Central Air Conditioners, 

Heat Pumps, and Furnaces16 : The Final 

Rule requires manufacturers to label 

heating and cooling equipment with 

energy efficiency information using a 

new label design. 

Section 305.14 (newly designated) 

Energy information disclosures for 

heating and cooling equipment: The 

Final Rule streamlines requirements 

related to the disclosure and 

distribution of energy information for 

central air conditioners and furnaces.17

§ 305.19 (newly designated) 

Promotional material displayed or 

distributed at point of sale: The Final 

Rule contains a conforming change 

related to operating costs in the required 

disclosures in paragraph (a)(1) of section 

305.19. 

Section 305.20 (newly designated) 

Paper catalogs and websites: The Final 

Rule requires the disclosure of annual 

estimated operating costs for certain 

products in paper and Internet-based 

catalogs. Under the Final Rule, catalog 

sellers are no longer required to provide 

range of comparability information. The 

Final Rule also contains conforming 

changes to cross-references in this 

section. 

Section 305.24 (newly designated) 

Exemptions: The Final Rule 

incorporates the exemption permitting 

the inclusion of ENERGY STAR logos 

on EnergyGuide labels into section 

305.11. Section 305.24 is, therefore, 

reserved. 

Appendices: The Final Rule amends 

the Appendices to include range of 

comparability information in the form of 

estimated yearly operating costs for 

refrigerators, refrigerator-freezers, 

freezers, clothes washers, dishwashers, 

room air conditioners, and water 

heaters. The amendments also eliminate 

fact sheet information in the 

Appendices for heating and cooling 

equipment. In addition, we have 

eliminated the sample reporting format 

in Appendix K. The Final Rule 

redesignates the remaining appendices 

accordingly. Finally, the amendments 

add a new Appendix K that contains 

national average energy cost information 

for use on EnergyGuide labels.18

VI. Effectiveness and Benefits of the 

Current Label 

In our ANPR, the Commission asked 

a series of questions related to the 

effectiveness of the current EnergyGuide 

label. As discussed in more detail in the 

NPRM (72 FR 6840-6841 (Feb. 13, 

2007)), most comments indicated that 

the current label provides consumer 

benefits. At the same time, many 

commenters thought that there was 

room for improvement in the label’s 

design. A few commenters urged the 

Commission to consider changes to 

increase the label’s effectiveness, such 

as improving its readability. Others 

identified specific concerns such as the 

‘‘directionality’’ of the label’s 

comparison graphic and the division of 

some products into multiple categories. 

Several comments on the ANPR 

suggested the Commission consider 

changes to the label in light of the 

policy goals of the EnergyGuide 

program. The nature of those policy 

goals, however, was a point of 

disagreement among commenters. 

According to some industry members, 

the FTC’s labeling program should 

provide useful information about the 

energy usage of home appliance 

products. (See, e.g., Association of 

Home Appliance Manufacturers 

(AHAM) (#522148-00007)). They 

questioned, however, the role the label 

should play in promoting energy 

savings and in creating incentives for 

market transformation. Whirlpool 

(#522148-00005), for example, pointed 

to DOE’s efficiency standards program 

and the ENERGY STAR program as the 

appropriate entities for energy efficiency 

promotion. It urged the FTC to focus 

instead on providing ‘‘meaningful, 

helpful information to consumers to 

assist them in the purchase decision’’

through ‘‘clear, fair, and unbiased’’

disclosures. 

Other commenters believed that the 

label’s effectiveness should be judged in 

part by its effectiveness in encouraging 

consumers to purchase high-efficiency 

products and manufacturers to bring 

more high efficiency products to the 

marketplace. (See, e.g., American 

Council for an Energy-Efficient 

Economy (ACEEE) #519870-00021 and 

Payne #519870-00024). As ACEEE 

(#519870-00021) observed, amendments 

to EPCA set forth in the Energy Policy 

Act of 2005 direct the FTC to initiate a 

rulemaking to consider the effectiveness 

of the appliance labeling program ‘‘in 

assisting consumers in making 

purchasing decisions and improving 

energy efficiency.’’

In our NPRM (72 FR 6841 (Feb. 13, 

2007)), the Commission responded to 

these various comments by noting the 

following Commission statement when 

we first promulgated the Rule (44 FR 

66466 (Nov. 19, 1979)): ‘‘The primary 

purpose of the Commission’s Rule is to 

encourage consumers to comparisonshop for energy-efficient household 

appliances. By mandating a uniform 

disclosure scheme for energy 


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19See 72 FR 6841-6851 for a detailed discussion 

of the consumer research results and conclusions. 

20When the Commission first issued pool heater 

label requirements in 1994, the DOE test procedure 

did not contain a final procedure for measuring 

annual operating costs for these products. (See 10 

CFR Part 430, Appendix P; and 59 FR 49556,49558 

(Sept. 28, 1994)). DOE amended the procedure to 

allow manufacturers to calculate annual energy use 

and operating cost for pool heaters. (62 FR 26140 

(May 12, 1997)). Accordingly, in the NPRM, the 

Commission proposed to require the disclosure of 

estimated annual operating costs on pool heaters. 

consumption information, the Rule will 

permit consumers to compare the 

energy efficiency of competing 

appliances and to weigh this attribute 

against other product features in making 

their purchasing decisions. If the 

labeling program works as expected, the 

availability of this new information 

should enhance consumer demand for 

appliances that save energy. In turn, 

competition should be generated among 

manufacturers to meet this demand by 

producing more energy-efficient 

appliances.’’ In the NPRM, the 

Commission stated that we continue to 

believe this 1979 statement accurately 

describes the role of the FTC’s energy 

labeling program. The Commission 

further explained that the label serves 

two important purposes. First, the 

detailed operating cost and energy 

consumption information on the label 

allows consumers to compare the total 

cost of competing models. Second, the 

label aids consumers who are seeking to 

buy high-efficiency products that reduce 

energy use and thus help the 

environment. (72 FR 6841). No 

comments have altered our views on 

this issue. 

In addition to providing this general 

guidance, the Commission, in our 

NPRM, also discussed some of the 

results of the FTC’s 2006 consumer 

research related to the label’s 

effectiveness. In brief, the research 

indicated that consumers find the label 

much more useful than has been 

suggested by past research. More than 

85% of recent appliance purchasers 

who visited a retail showroom recalled 

seeing a label with energy 

characteristics. Of those respondents, 

58% correctly recalled that the label 

was yellow with black letters. Fifty-nine 

percent of respondents who recalled 

seeing a label scored the usefulness of 

the label at a seven or higher on a scale 

of zero to ten. 

In the NPRM, the Commission also 

proposed several changes to improve 

the effectiveness of the label. Section 

VII. of this Notice contains a discussion 

of comments received in response to 

these proposals and the final 

amendments to the Rule. 

VII. Discussion of Comments and Final 

Amendments 

A. New Label Design 

Background: In our NPRM, the 

Commission proposed a new design for 

the EnergyGuide label, prominently 

featuring yearly operating cost. The 

proposed label’s comparison range 

disclosed energy cost information in 

dollars per year. The draft label also 

provided consumers with information 

about the product’s energy use (e.g., 

kWh/year) as a secondary disclosure. 

Energy-related labels generally fall 

into one of two categories: ‘‘continuous’’

bar graph and ‘‘categorical’’ designs. 

Labels using a continuous design, such 

as the current EnergyGuide label, 

graphically display information without 

discrete ranks or categories. Labels 

under a categorical approach employ 

discrete categories, using a step ranking 

system such as stars or letters to 

indicate relative energy use. 

The Commission’s 2006 consumer 

research, therefore, tested four label 

designs: the existing continuous label, a 

modified version of the existing label, a 

categorical (star-based) label, and a 

continuous label that used yearly 

operating cost as the main descriptor. 

The results yielded several general 

conclusions. First, all four designs 

performed well in the objective tasks of 

identifying and ranking operating costs 

(in dollars) and energy use (in kilowatthours), suggesting that any of the 

designs should help consumers compare 

operating costs and energy use. The 

categorical label, however, was 

somewhat more effective for some 

objective tasks, particularly when 

compared to the modified version of the 

current energy use label. Second, the 

categorical label, which was the only 

label to include the term ‘‘energy 

efficient,’’ was generally more effective 

at aiding respondents in ranking 

products by energy efficiency than the 

labels more prominently featuring 

operating costs or energy use. Third, 

respondents viewing the categorical 

design were much more likely to 

identify models as ENERGY STARqualified when none of those viewed 

contained ENERGY STAR logos. Fourth, 

the results suggest that respondents 

viewing the categorical labels were 

somewhat more likely to misidentify 

quality differences between models. 

Fifth, the research indicated that the 

categorical label had a substantially 

greater impact on respondents’ reported 

willingness to pay for differences in 

energy performance between models. 

Finally, the study suggested that the 

respondents under all label conditions 

have a preference for the 

communication of energy characteristics 

in the form of operating costs over either 

electricity usage or a five-star categorical 

scale.19

After considering ANPR and 

Workshop comments, as well as the 

results of both previous consumer 

research (see 72 FR 6838-6839) and the 

FTC’s own study, the Commission 

proposed changing the label design to 

require operating costs as the primary 

disclosure. Section 324(a) of EPCA 

directs the Commission to require 

annual operating costs on the label, 

unless the Commission determines that 

such disclosures are not likely to assist 

consumers in making purchasing 

decisions. (42 U.S.C. § 6294(c)). The 

FTC’s consumer research clearly 

indicates that cost information is likely 

to assist consumers in making 

purchasing decisions. While each of the 

designs considered has strengths and 

weaknesses, on balance, the 

Commission believed that the adoption 

of a design that presents cost as the 

primary disclosure would best serve 

consumers. In addition, the research 

indicated that respondents clearly 

identified operating costs as the 

preferred method for communicating 

energy performance in the marketplace. 

The NPRM, therefore, proposed 

requiring the operating cost design for 

refrigerators, refrigerator-freezers, 

freezers, clothes washers, dishwashers, 

room air conditioners, pool heaters,20

and water heaters. 

The Commission also explained why 

it was not proposing a categorical label. 

Although the research identified some 

benefits associated with the categorical 

label, the results strongly suggested that 

the five-star categorical label design 

would confuse a significant number of 

consumers with regard to the wellestablished ENERGY STAR program and 

tended to convey inaccurate product 

quality messages more often than other 

tested designs. The Commission 

explained that, in its view, the 

EnergyGuide label should complement, 

not detract from, the ENERGY STAR 

program. (72 FR 6844-6845). 

In our NPRM, we also requested 

comment on the conclusions derived 

from the consumer research, including 

the operating cost label proposal and the 

Commission’s concerns with the 

categorical label. Additionally, we 

sought comment on questions related to 

the proposed operating cost label. In 

particular, we asked whether frequent 

changes to average energy cost figures 

could lead to inconsistent labels for 

models displayed in the showroom. In 

addition, we asked whether the regional 

variability of energy costs is a 


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21See Consumers Union (#527896-00012), AHAM 

(#527896-00006), Whirlpool (#527896-00004), EEI 

(#527896-00005), and EPA (#527896-00018) (‘‘EPA 

is supportive of FTC’s decision to develop a 

modified version of the current Energy Guide label 

. . .’’). 

22See ACEEE (#527896-00015), CEE (#527896- 

00016), and Brand Source (#527896-00003). 23See also EEI (#527896-00005). 

significant issue for implementing the 

energy cost label. The NPRM also 

sought comments on a variation of the 

operating cost label that would display 

energy costs over a five-year period as 

the primary disclosure. 

Comments: Several commenters 

supported the FTC’s proposal to require 

annual operating cost as the primary 

disclosure on the label.21 For example, 

Consumers Union (#527896-00012) 

stated that it ‘‘strongly supported’’ the 

proposed label. Whirlpool (#527896- 

00004) explained that ‘‘estimated 

annual operating cost is the factor that 

consumers are most interested in when 

comparing models.’’ In its view, it is 

unrealistic to expect consumers ‘‘to 

understand some other ‘alphabet soup’

(kWh, AFUE, MEF, EF, etc.) and to 

know if a higher value or a lower value 

is better.’’ AHAM (#527896-00006) 

added that an ‘‘average national energy 

cost estimate will permit consumers to 

easily compare products by using one 

specific measurement.’’

Some commenters, however, argued 

that the use of operating cost as the 

primary disclosure would not be helpful 

for many consumers.22 ACEEE 

(#527896-00015) explained that energy 

costs vary widely across the country and 

that many ‘‘consumers may find the 

range of operating costs displayed on 

the label to be unrealistic and 

unreasonable based on their experience 

and discount the label altogether.’’

ACEEE (#527896-00015) also indicated 

that the results of FTC’s research did not 

provide information on the ability of 

consumers ‘‘to relate the reported cost 

values to the specific circumstances of 

their own appliance purchase or how 

relevant and believable they would find 

the information when shopping for 

appliances.’’ According to ACEEE 

(#527896-00015), research on vehicle 

labeling has demonstrated that 

consumers’ stated preferences for label 

information do not often correspond to 

information that exhibits the highest 

levels of comprehension in practice. 

ACEEE (#527896-00015) recommended 

that the FTC retain the current label 

format which provides energy 

consumption as the primary disclosure. 

CEE (#527896-00016) echoed ACEEE’s 

concerns, adding that wide fluctuations 

in energy prices across the country 

could lead to consumer confusion and 

create the potential for 

‘‘misrepresentations’’ on the label. 

Other commenters did not believe 

that regional variability in energy prices 

created a decisive obstacle to the 

proposed label. According to Whirlpool 

(#527896-00004), shoppers are primarily 

concerned about ‘‘the relative, not the 

absolute, operating cost.’’ In its view, 

consumers understand that the energy 

costs on the EnergyGuide label are 

‘‘estimates and national averages’’ and 

‘‘that their own experience will vary.’’

AHAM (#527896-00006) indicated that 

employing national average energy cost 

information allows consumers to 

compare products according to energy 

usage despite the fact that actual costs 

for individual consumers may vary 

across the country. Similarly, 

Consumers Union (#527896-00012) 

argued that ‘‘the value of the 

EnergyGuide to consumers stems from 

the fact that it is for comparative 

purposes’’ and ‘‘not necessarily to 

reflect the product’s actual cost to the 

consumer.’’ At the same time, 

Consumers Union (#527896-00012) 

suggested that the label should provide 

a better explanation that the displayed 

cost may not reflect a consumer’s actual 

cost. 

Several commenters supported the 

Commission’s decision to discontinue 

its consideration of a categorical design 

in light of the FTC’s consumer research. 

EPA (#527896-00018) concurred with 

the FTC’s conclusion regarding the 

significant concerns the categorical 

design raises for the ENERGY STAR 

program, including the confusion such 

a design could cause consumers in 

identifying ENERGY STAR products. 

EPA (#527896-00018) also agreed with 

the FTC’s concerns about the tendency 

of the categorical label to convey 

inaccurate product quality messages. 

Whirlpool (#527896-00004) echoed EPA 

comments, indicating that the FTC’s 

study clearly demonstrated that the 

categorical label frequently conveys 

messages to the consumer about product 

quality and that the ‘‘opportunity for 

confusion with the ENERGY STAR 

program is significant.’’ CEE (#527896- 

00016) expressed appreciation for the 

FTC’s efforts to research and analyze the 

interaction between the ENERGY STAR 

and EnergyGuide labels. 

Other comments raised concerns with 

the Commission’s decision not to 

pursue a categorical label. ACEEE 

(#527896-00015) concluded that the 

FTC’s research confirmed earlier work 

indicating that ‘‘categorical labels rate 

well in terms of consumer 

comprehension, appeal, and motivating 

ability.’’ In its view, ‘‘the categorical 

label outperformed other label designs.’’

At the same time, ACEEE (#527896- 

00015) acknowledged that more effort is 

necessary to develop and implement a 

categorical labeling program. It 

suggested that the FTC ‘‘work together 

[with stakeholders] to develop a 

categorical EnergyGuide label that 

coordinates well with the ENERGY 

STAR label.’’ Christopher Payne 

(#527896-00014) argued that the 

analysis in the NPRM understated the 

performance of the categorical label on 

key questions related to consumer 

understanding. He noted that small 

increments of consumer comprehension 

improvement can have significant 

effects on total energy use. In his view, 

‘‘even a 1% difference in 

comprehension among consumers can 

have substantial energy and cost savings 

nationwide.’’ He estimated that, for 

refrigerators alone, such a difference in 

comprehension could lead to a 

cumulative impact of $100,000 annually 

in energy use. Payne urged the 

Commission to continue consideration 

of the categorical label. 

Though comments varied on the 

adoption of annual operating cost as the 

primary disclosure, almost all 

commenters opposed disclosing 

operating costs over a multi-year period. 

Brand Source (#527896-00003), an 

appliance buying group, warned that 

any type of life expectancy figure on the 

label will be unrealistic and undesirable 

for manufacturers and retailers. 

Whirlpool (#527896-00004) indicated 

that the ‘‘use of a five or 10 year time 

frame may imply a product lifetime or 

even a warranty commitment-items 

which are not within the scope of this 

label (in addition to being inaccurate in 

this case).’’23 AHAM (#527896-00006) 

suggested that a change to a five-year 

operating cost may confuse consumers, 

making them think that costs have risen 

abruptly. Christopher Payne (#527896- 

00014) concluded that more research 

would be necessary to adopt a multiyear label. ACEEE (#527896-00015) 

commented that a multi-year label 

would require ‘‘yet another set of 

assumptions, thereby introducing 

additional opportunities for consumer 

confusion and skepticism about the 

label.’’ It also indicated that a multi-year 

label would require more explanatory 

language, and noted that ‘‘[r]esearch 

conducted by ACEEE and many others 

show that consumers are less likely to 

read and/or believe labels with 

extensive text, too many technical 

details, or multiple levels of 

assumptions.’’ CEE (#527896-00016) 

raised similar concerns and also urged 

the Commission not to use a five-year 


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24Consumers Union (#527896-00012) did not 

object to a multi-year label but noted that most 

appliances have an average life of about ten years. 

25ACEEE (#527896-00015), EEI (#527896-00005), 

and AHAM (#527896-00006). 

26As explained in Section VII.C. of this Notice, 

the Rule will continue to require the disclosure of 

efficiency ratings on labels for heating and cooling 

equipment. 

27Manufacturers must derive the energy 

information provided on the label from standard 

DOE test procedures which mandate specific test 

conditions (e.g., air temperature, water temperature) 

and usage assumptions (e.g., number of washloads 

per week) that will not necessarily apply to all 

consumers. 

28Based on recommendations by ACEEE, we have 

sought to minimize the amount of text on the label 

(see, e.g., Thorne, Jennifer and Egan, Christine, ‘‘An 

Evaluation of the Federal Trade Commission’s 

EnergyGuide Label: Final Report and 

Recommendations,’’ ACEEE, August 2002). As 

proposed in the NPRM, we have eliminated phrases 

such as ‘‘Compare the Energy Use of this . . .’’

because such language is either redundant or 

unnecessary to the label’s effectiveness. 

29Other concerns also exist with the categorical 

label. For example, the FTC’s study did not test 

conditions in which categorical labels had the same 

number of stars but different energy use and 

operating cost figures. We expect such a scenario 

would be quite common under a categorical 

labeling scheme. The inclusion of such a scenario 

in any future research may provide additional 

information about the performance of a categorical 

design on the types of objective tasks involved in 

the study. In addition, the FTC’s study did not 

address the feasibility (i.e., the technical and 

administrative considerations) of implementing a 

categorical label, including the alignment of FTC 

energy rating categories with ENERGY STAR 

criteria, a concern raised by commenters earlier in 

the proceeding (see, e.g., EPA (#519870-00007)). 

30The range data in the appendices excludes 

models identified as ‘‘discontinued’’ in 

manufacturer reports. In addition, given the 

staggered annual reporting dates set out in the Rule 

section 305.8, the new range data for clothes 

washers and refrigerators is based on the annual 

reports submitted in 2006 and new model reports 

submitted since that time. 

operating cost and a single year energy 

use figure on the same label.24

Finally, we note that several 

commenters25 expressed support for the 

Commission’s efforts to change the 

general appearance of the label by 

clearly grouping information and 

changing the font size of some of the 

disclosures. AHAM (#527896-00006), 

for example, indicated that the ‘‘changes 

to the EnergyGuide label make it easier 

for consumers to identify the 

information most important to them and 

provide a better presentation of relevant 

information in an easier to read format.’’

One commenter (Deumling (#527896- 

00002)), however, asked why the 

statement ‘‘Compare the Energy Use of 

this [product] with Others Before You 

Buy?’’ had been eliminated from the 

proposed label. 

Discussion: In response to 

commenters’ concerns, the final version 

of the label contains a number of 

wording and format changes, but retains 

operating cost as the primary descriptor 

for most labeled products. The research 

suggests that the operating cost 

disclosure provides a clear, 

understandable tool to allow consumers 

to compare the energy performance of 

different models. The operating cost 

design not only performed well on 

objective tasks in the research but 

research participants identified the 

design as the most useful method for 

communicating energy information. The 

disclosure also provides a clear context 

from which consumers can compare the 

energy efficiency of various appliances, 

and allows them to assess trade-offs 

between energy efficiency and other 

expenditures. An operating cost range 

also provides an energy efficiency 

descriptor that is consistent across 

appliance types appearing together in 

showrooms (e.g., refrigerators, 

dishwashers, clothes washers, and room 

air conditioners), and addresses the 

‘‘directionality’’ problem identified by 

comments (i.e., more efficient models 

are always lower on the range across 

appliance types).26

For all of these reasons, the 

Commission continues to believe that 

consumers are best served with 

operating cost as the primary descriptor 

on the EnergyGuide label. We recognize 

commenter concerns about the 

variability of energy costs, but we agree 

with Consumers Union (#527896-00012) 

and other commenters that ‘‘the value of 

the EnergyGuide to consumers stems 

from the fact that it is for comparative 

purposes.’’ The EnergyGuide label’s 

ability to predict an individual’s actual 

energy use is limited. Regardless of its 

design, the label only can provide 

consumers with a general idea of the 

energy they will consume. Any modelspecific energy use disclosure, whether 

in dollars, kilowatt-hours, or a star 

rating, is merely an estimate based on 

assumptions regarding use conditions 

and patterns.27 The lack of uniformity in 

energy prices across the country is 

another factor added to this set of 

existing variables. On balance, we 

believe that the benefits of having a 

prominent, simple operating cost to 

allow consumers to compare the relative 

energy use of various product models 

outweigh concerns raised by the 

variability in regional energy prices. 

Although we have decided to use 

operating cost as the primary disclosure, 

we agree with commenters that the label 

provide a more prominent explanation 

that consumers’ actual operating costs 

will vary. Accordingly, in the final 

version of the label, we increased the 

size and prominence of the statement 

informing consumers that their own 

operating cost will depend on their 

utility rates and product use. This 

change should help consumers 

understand that the operating cost figure 

on the label is simply an estimate based 

on national averages.28

Given our decision to adopt operating 

cost as the label’s primary disclosure, 

the Commission does not plan to pursue 

the categorical label further at this time. 

Our consumer research suggests that 

there are significant benefits to the 

categorical label design, and we 

recognize, as Christopher Payne 

(#527896-00014) explained, that even 

small differences in comprehension may 

affect consumer buying behavior. The 

magnitude of such effects, however, is 

extremely difficult to quantify because 

rates of label comprehension do not 

necessarily translate directly into 

buying behavior. Most important, 

however, the FTC’s study identified 

substantial problems with the 

categorical design, particularly as it may 

impact consumer comprehension of the 

ENERGY STAR program. As explained 

in the NPRM, this problematic 

interaction with the ENERGY STAR 

program and the quality-related results 

for the categorical design convinced us 

not to adopt the categorical label at this 

time.29

Although we have adopted operating 

cost as the primary descriptor, the 

Commission does not plan to pursue a 

multi-year cost disclosure on the label. 

We agree with the commenters that such 

a design raises a host of unresolved 

questions. The final label, therefore, 

mandates a one year cost figure. 

The Final Rule requires an operating 

cost label for most appliances including 

refrigerators, refrigerator-freezers, 

freezers, clothes washers, dishwashers, 

room air conditioners, and water 

heaters. The appendices to the Final 

Rule contain updated range information 

based on the most recent annual reports 

submitted by manufacturers to the 

Commission.30 In drafting the new 

labels, manufacturers must use the 

range information and the 2007 national 

average energy cost information at 

Appendix K. 

We note that the NPRM also proposed 

to require an operating cost disclosure 

for pool heaters (see 72 FR 6846, n. 54). 

The current DOE test procedure (10 CFR 

Part 430, Appendix P) contains a 

method for calculating annual energy 

consumption for pool heaters. This 

method, however, does not take into 

account a model’s energy performance 

(i.e., thermal efficiency), but instead 

provides annual energy consumption 

information based on a model’s 

capacity. As a result, the annual energy 


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31See Consumers Union (#527896-00012), EEI 

(#527896-00005), and First Company (#527896- 

00008). 

32See FTC Staff Opinion Letter from James G. 

Mills, FTC, to Joseph M. Mattingly, GAMA, April 

13, 1999. 

consumption derived from the test 

procedure does not reflect relative 

energy efficiency differences among 

models. Without information about the 

relative energy performance of similar 

capacity models, it is unclear whether 

such disclosures would be helpful to 

consumers. Accordingly, the pool heater 

label will continue to disclose the 

thermal efficiency of each model as 

required under the current rule. 

B. ENERGY STAR Logo Placement 

Background: In the NPRM, the 

Commission proposed directing 

manufacturers to place the ENERGY 

STAR logo in the lower right-hand 

corner of the label for qualified 

products, instead of above the range of 

comparability bar as currently required. 

Under the proposal, the logo would be 

up to one inch by one inch in size. 

Comments: Comments were generally 

supportive of a change to the ENERGY 

STAR logo placement. For example, EEI 

(#527896-00005) indicated that 

placement of the logo in the bottom 

corner of the label will ‘‘help customers 

who are looking for more energy 

efficient appliances.’’ Some 

commenters, however, suggested 

changes in the placement and 

prominence of the ENERGY STAR logo. 

AHAM (#527896-00006), for instance, 

asked the Commission to consider 

allowing placement of the logo in the 

top third of the label. EPA supported 

any changes that would ‘‘improve the 

prominence and visibility of the 

ENERGY STAR logo without 

undermining the general purpose of the 

EnergyGuide label.’’

A few commenters believed the 

Commission should allow a larger 

ENERGY STAR logo than the one inch 

by one inch size proposed in the NPRM. 

Whirlpool (#527896-00004) supported 

the placement of the logo in the lower 

right corner, but commented that the 

proposed size would be ‘‘fairly small’’

and suggested that the FTC allow a 

larger logo (e.g., 1.25 to 1.5-inches 

square). AHAM (#527896-00006) also 

suggested an increase in the logo’s 

allowable size. EPA (#527896-00018) 

indicated that the proposed logo size of 

‘‘one inch by one inch is the minimum 

effective size for use of the ENERGY 

STAR logo for qualifying products on 

the EnergyGuide label.’’

Discussion: Under the final 

amendments, manufacturers using the 

ENERGY STAR logo on their labels 

must place it in the lower right-hand 

corner. The Commission has decided to 

retain this proposed placement 

requirement because it will ensure that 

the ENERGY STAR logo is presented 

consistently across all labels in a 

location away from other energy 

performance measures. The Final Rule 

also requires a uniform one inch size for 

the logo on all applicable labels. This 

will provide the ENERGY STAR logo 

with a consistent size and location 

across all EnergyGuide labels. We do 

not believe that the label can reasonably 

accommodate a larger logo and still 

clearly provide all the information 

necessary to serve its purpose. We note 

that although the Proposed Rule 

indicated the logo could be ‘‘up to’’ one 

inch in size, the logo appearing on 

Sample Label 2 of the NPRM was 

approximately 1/2 inch in size (on an 

actual size label). 

C. Requirements for Heating and 

Cooling Equipment 

Background: The current labeling 

requirements for furnaces, boilers, 

central air conditioners, and heat pumps 

provide little value to consumers prior 

to purchase because these products 

generally do not appear in showrooms. 

At the same time, the record indicated 

that the information on the label 

provides benefits to consumers and 

energy auditors in the use of existing, 

installed units and in the purchase of 

replacement products. The labels may 

also provide information allowing 

consumers to confirm that the model 

they ordered is the model that has been 

installed by the contractor. The 

Commission, therefore, proposed 

requiring manufacturers to mark their 

units permanently with certain energy 

information in lieu of labeling. The 

Commission expected that marking 

requirements would be a more durable 

and less expensive means of making 

information available to consumers. 

Under the proposal, the Rule would 

have continued to require EnergyGuide 

labeling for water heaters because these 

products appear in showrooms. 

In addition to the marking proposal, 

the Commission sought to streamline 

and improve the Rule’s fact sheet and 

directory provisions (i.e., pre-purchase 

disclosure requirements) by removing 

complicated equations and charts from 

fact sheets, eliminating operating cost 

calculation information, and providing 

manufacturers and contractors with new 

options, such as online sources, for 

providing energy information. The 

Proposed Rule would have required 

manufacturers to provide the following 

pre-purchase disclosures in fact sheets, 

directories, or another medium: (1) the 

name of manufacturer or private labeler; 

(2) the trade (brand) name; (3) model 

number(s); (4) capacity determined in 

accordance with section 305.7; (5) 

energy efficiency rating as determined 

in accordance with section 305.5; (6) a 

statement that the energy efficiency 

ratings are based on U.S. Government 

standard tests; and (7) in the case of, 

information about efficiency ratings of 

split system central air conditioners for 

specific condenser/coil combinations or, 

alternatively, for the ‘‘most common’’

condenser-evaporator coil 

combinations, as currently required by 

the Rule. The Commission also asked 

whether the Rule should require 

manufacturers to provide an estimated 

national average operating cost for their 

models. 

Comments: The comments addressed 

both the permanent marking and prepurchase information requirements 

proposed in the NPRM. 

Marking 

The comments contained mixed 

views on the proposed permanent 

marking requirements. Several 

supported the proposal.31 For example, 

EEI (#527896-00005) indicated that 

paper labels can be lost or discarded 

and that permanent marking will ‘‘allow 

consumers and entities offering 

incentive programs to be sure that they 

are ‘getting what they paid for.’’’ First 

Company (#527896-00008), a 

manufacturer of air handling systems 

and evaporator coils, supported the 

marking proposal, but suggested the 

Rule clarify that marking should be 

placed on the condenser (or outdoor 

heating pump) as currently required for 

EnergyGuide labeling. Burnham 

(#527896-00001), a boiler manufacturer, 

agreed with the proposal, but requested 

that the Commission provide 

manufacturers with at least six months 

to implement the change. 

GAMA (#527896-00007) did not 

oppose marking for boilers, but raised 

concerns with such a requirement for 

furnaces. It explained that current 

multi-position furnaces allow installers 

to select particular airflow 

configurations that affect the product’s 

actual Annual Fuel Utilization 

Efficiency (AFUE). Because 

manufacturers cannot determine the 

configuration of the equipment installed 

in the field, GAMA (#527896-00011) 

contended that a single rating on the 

product would be ‘‘problematic.’’ As 

GAMA has explained in the past, the 

disclosure of more than one rating for 

multi-positions provides more precise 

information to consumers about the 

expected efficiency of the product under 

different airflow configurations.32 As 

GAMA (#527896-00011) noted in its 


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33Id. 

34See GAMA (#527896-00011), Fujitsu (#527896- 

00007), and CEE (#527896-00016). 

35See also Fujitsu (#527896-00007) and GAMA 

(#527896-00007). 

36Fujitsu (#527896-00007), GAMA (#527896- 

00011), Rheem (#527896-00013), EEI (#527896- 

00005), and First Company (#527896-00008). 

37See GAMA (#527896-00011), Fujitsu (#527896- 

00007), and Burnham (#527896-00001). 

comments, the FTC staff has interpreted 

the Appliance Labeling Rule to permit 

the disclosure of multiple ratings for 

multi-position furnaces on the current 

EnergyGuide label.33 GAMA (#527896- 

00011) implied that space constraints on 

the nameplate may make it difficult to 

provide such multiple ratings. GAMA 

(#527896-00011) also raised concerns 

about the efficacy of placing the 

efficiency information on the furnace 

nameplate because the nameplates 

generally appear on the product’s 

interior. 

ARI (#527896-00010), which 

concluded that a marking requirement 

would not be more effective than the 

current label, also raised a series of 

concerns.34 First, it stated that, because 

energy ratings only reflect the 

performance of the most common 

condenser/coil combination, the rated 

information on a permanent mark may 

be different from the actual system 

purchased by the consumer. Moreover, 

ARI (#527896-00010) asserts this 

information is best provided through 

fact sheets or industry directories. 

Second, ARI (#527896-00010) indicated 

that a permanent mark is not necessary 

to allow consumers to confirm that the 

model ordered is the one that has been 

installed. ARI (#527896-00010) argued 

that this ‘‘can easily be verified today by 

checking the model number on the 

product nameplate against the 

manufacturer’s fact sheet or the 

information in the ARI directory of 

certified products.’’ Third, ARI 

(#527896-00010) argued that the 

Commission should not consider the 

needs of energy auditors because, in its 

view, the intent of EPCA is to aid 

consumers in their purchasing 

decisions, not energy auditors in 

conducting audits. Moreover, ARI 

(#527896-00010) believes the needs of 

auditors are best met by industry fact 

sheets and directories. Fourth, ARI 

(#527896-00010) stated that a 

permanent marking requirement would 

be more expensive to implement than 

the current EnergyGuide label. It noted 

that California’s marking requirements 

do not apply to residential heating and 

cooling products. Therefore, 

manufacturers are not currently marking 

these products, contrary to the 

discussion in the NPRM.35 Finally, ARI 

(#527896-00010) indicated that it would 

support maintaining the current 

EnergyGuide label ‘‘if FTC strongly 

believes that a label of some sort is 

necessary.’’

No commenter opposed the proposal 

to retain EnergyGuide labels for water 

heaters. GAMA (#527896-00011) 

supported the Commission’s decision to 

maintain separate range categories for 

storage and tankless water heaters. 

Pre-Purchase Information Disclosures 

The comments presented a variety of 

opinions regarding the Commission’s 

proposal to simplify the requirements 

for the disclosure of efficiency 

information. Several commenters 

generally supported the Commission’s 

proposal to simplify the fact sheet 

requirements and provide more 

flexibility to manufacturers.36 For 

example, First Company (#527896- 

00008) explained that it supports 

‘‘giving manufacturers the flexibility to 

provide energy information to 

distributors and retailers through fact 

sheets, directories or product brochures 

and to make the information available 

electronically via websites or e-mails.’’

While no commenters opposed the 

Commission’s proposal in its entirety, 

some urged the Commission to require 

the disclosure of additional information. 

For example, ACEEE (#527896-00015) 

suggested capacity should be added to 

the labeling or marking requirements 

and that, for furnaces and boilers, 

capacity should be based on ‘‘output,’’

not ‘‘input’’ as required by current 

regulations. 

ACEEE (#527896-00015) also raised 

concerns about disclosures for split 

system central air conditioners. Such 

systems contain two components: a 

condenser (usually installed outdoors) 

and a coil (installed indoors). Different 

combinations of condensers and coils 

usually yield different efficiency ratings. 

Manufacturers under the FTC’s current 

Rule must label only the condenser. In 

addition, the Rule requires that the 

rating for a particular condenser be 

either: 1) the system efficiency rating 

using the most common coil sold with 

that condenser; or 2) the system 

efficiency ratings of each separate coil/ 

condenser combination sold by the 

manufacturer. To help consumers and 

installers with matching condensers and 

coils at the time of purchase, ACEEE 

(#527896-00015) urged the Commission 

to require a table of information 

designating the capacity or other 

performance parameters required so that 

the system will provide the certified 

performance promised by the condenser 

label. Similarly, Consumers Union 

(#527896-00012) urged the Commission 

to require comparative energy 

information online noting that most 

consumers do not go to showrooms to 

compare these products. CEE (#527896- 

00016) also recommended that the FTC 

require equipment manufacturers to 

disclose the energy efficiency range of 

ratings of a given condenser when 

combined with various matching coils 

(and furnaces, if applicable). It also 

urged the Commission to require a 

statement about the importance of 

matched systems in achieving energy 

efficiency. In addition, CEE (#527896- 

00016) urged the Commission to work 

with ARI and GAMA to ensure that 

efficiency information (e.g., the 

Seasonal Energy Efficiency Ratio (the 

‘‘SEER’’ rating)) is available online. 

Some comments addressed whether 

operating cost information disclosures 

should be required for central air 

conditioners and furnaces. In particular, 

Rheem (#527896-00013) supported the 

FTC’s proposal to eliminate required 

cost disclosures and noted that ‘‘the 

determination of operating costs is 

complicated by regional climate and 

energy costs.’’ First Company (#527896- 

00008) also indicated that operating cost 

information for these particular 

products is ‘‘of little value to consumers 

because these costs are highly 

dependent on a number of variables . . 

. .’’ ARI (#527896-00010) agreed that 

average cost information for heating and 

cooling equipment would be of limited 

use to consumers on labels. ARI 

(#527896-00010), however, plans to 

provide average operating cost 

information as part of its online 

directory. Neither ARI nor other entities 

provided any detailed comments on 

whether the FTC should require some 

sort of national average cost information 

(and what methodology should be used 

for such calculations). 

Several commenters addressed how 

sellers should provide the required 

information. Some supported the 

Commission’s proposal to provide 

sellers with more flexibility in the 

dissemination of this information, 

including electronic distribution.37

Fujitsu (#527896-00007) supported 

allowing the provision of information 

over the Internet. CEE (#527896-00016), 

however, raised concerns with the 

proposal. It suggested that the FTC 

require contractors to present energy 

information at the time of sale to 

consumers because not all consumers 

have access to the Internet. 

Discussion: The comments addressed 

the two primary issues raised in the 

NPRM: the proposed marking 


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49956 Federal Register / Vol. 72, No. 167 / Wednesday, August 29, 2007 / Rules and Regulations 

38As explained earlier, several commenters 

supported this overall change. No commenter 

challenged our assertion that the equations and 

charts on the current fact sheets are not particularly 

helpful to the average consumer. 

39The current Rule does not require the 

publication of such information in fact sheets or 

directories. 

40Under DOE regulations (10 CFR § 430.24(m)), 

split system manufacturers must certify the various 

condenser/coil combinations through testing and/or 

the use of an alternative rating method. 

Accordingly, the ratings for various condenser/coil 

combinations sold by the manufacturers are 

available to the public through the ARI directory 

(see http://www.aridirectory.org). 

41No comments supported a required disclosure 

of national average cost information. 

requirements and the proposed prepurchase information requirements. 

With regard to the marking 

requirements, the Final Rule continues 

to require manufacturers of central air 

conditioners and furnaces to place 

EnergyGuide labels on their products. 

The Rule also will continue to require 

EnergyGuide labeling for water heaters. 

With regard to pre-purchase energy 

information, the Final Rule contains the 

simplified point of sale information 

requirements contained in the Proposed 

Rule. The Final Rule does not require 

the dissemination of operating costs 

information for these products because 

it is unlikely that such information can 

presented in a manner that provides 

benefit to consumers. 

Marking 

The Commission has considered the 

comments submitted on the proposed 

marking requirement and has 

determined to retain the existing 

labeling requirements for these 

products. Under EPCA, the Commission 

may require additional energy 

information on the product, such as the 

proposed marking requirements, if such 

information would ‘‘assist consumers in 

making purchasing decisions or in using 

the product and such requirements 

would not be unduly burdensome to 

manufacturers.’’ (42 U.S.C. 6294(c)(5)). 

As discussed above, the comments 

raised significant concerns about the 

feasibility and cost of the proposed 

marking requirements. At the same 

time, some industry members indicated 

the continued labeling would not pose 

such problems. 

As discussed in the NPRM, the record 

demonstrates that the information on 

labels provides a benefit to consumers 

in both their use of existing equipment 

and their purchasing decisions for 

replacement products. The Commission 

also suggested that the label may help 

consumers confirm that the model they 

have purchased is the one that has been 

installed. The record developed since 

the NPRM does not alter these findings. 

We, therefore, continue to believe that 

some form of disclosure is necessary to 

help consumers with purchasing 

decisions and with their use of the 

product. We recognize that permanent 

marking may achieve these benefits. 

However, given the comments we 

cannot rule out the possibility that such 

marking would be unduly burdensome. 

The Final Rule, therefore, continues to 

require EnergyGuide labels for this 

products. We note that nothing in the 

Rule prohibits manufacturers from 

providing energy information on their 

product nameplates or elsewhere on the 

product. 

Under the Final Rule, the 

EnergyGuide labels will continue to 

provide efficiency ratings and efficiency 

range information as the only energyrelated disclosures. However, we have 

changed the appearance and content of 

the label to make it consistent with the 

new label format for other products. In 

addition, we have amended the format 

and placement requirements to require 

that the label be affixed to the product 

in the form of an adhesive label. Such 

labels will increase the likelihood that 

the label will remain on the product 

after purchase, and be available to aid 

consumers in their equipment 

purchasing decisions and use of the 

product. 

Pre-Purchase Information Disclosures 

The Final Rule eliminates the 

detailed, prescriptive requirements 

currently applicable to fact sheets for 

these products and replaces them with 

a requirement to provide consumers 

with basic energy performance 

information.38 The new, simplified 

requirements should make it easier for 

manufacturers and installers to ensure 

consumers have the energy information 

they need while reducing the burden on 

manufacturers. The Commission also 

has considered four additional issues 

raised by the commenters: 

comparability range information, ratings 

for split system central air conditioner 

combinations, cost disclosures, and 

Internet availability. Each of these 

issues is discussed in turn as follows. 

Contrary to the proposal in our 

NPRM, the Rule will continue to require 

ranges of comparability for heating and 

cooling equipment in fact sheets, 

directories, and online databases 

covered under section 305.14 of the 

Final Rule. Our NPRM suggested that 

such information may have a reduced 

value in directories and online 

databases where data for comparative 

models is readily available. However, 

both CEE (#527896-00016) and 

Consumers Union (#527896-00012), two 

commenters with significant expertise 

on these issues, argued that such 

information is important for consumers 

before purchase. Consumers Union 

(#527896-00012) noted that most 

consumers do not visit showrooms 

where they can compare different 

models of these products. Because many 

consumers may not have access to the 

EnergyGuide label prior to purchase, 

this range information should be useful 

to them in their buying decisions. 

The current Rule (§ 305.11(a)(5)(iii)) 

requires that manufacturers disclose the 

actual ratings of the various 

combinations sold by the manufacturer 

or disclose the rating for the most 

common combination.39 Several 

commenters suggested that the 

Commission require manufacturers to 

provide efficiency ratings for all 

condenser/coil combinations of split 

system central air conditioners. Such a 

proposal raises two concerns. First, a 

requirement to disclose the ratings for 

all possible combinations may not be 

practical for labeling or fact sheet-type 

disclosures where space is limited. 

Second, such matching information for 

split system units is already available 

through the ARI directory.40

Accordingly, the Commission is not 

amending the disclosure rules to require 

disclosure of ratings for all condenser/ 

coil combinations for split systems. The 

Final Rule clarifies that manufacturers 

may provide either the ratings for 

specific condenser/coil combinations or 

the rating for the most common 

combination. We note that nothing in 

the Final Rule prohibits the 

manufacturers from providing the 

ratings for multiple combinations, if 

such disclosures are feasible for them. 

As proposed in the NPRM, the Final 

Rule does not require the disclosure of 

cost information for these products in 

labels or in fact sheets. As the comments 

suggested, operating costs for this type 

of equipment are highly dependent on 

regional weather conditions. This would 

add a layer of variability to the 

operating costs estimates beyond 

individual use and utility rates already 

applicable to most of the other labeled 

products like refrigerators.41 In 

addition, consumers generally purchase 

heating and cooling equipment through 

a knowledgeable professional (such as a 

contractor) and do not select the models 

themselves in showrooms or online. As 

a result, consumers may have less need 

for operating cost information to help 

them compare products. Accordingly, 

the Final Rule does not require 

disclosure of operating cost information. 

At the same time, we recognize that 

operating cost may be beneficial to some 

consumers. The Final Rule does not 


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42See, e.g., Workshop Transcript, 164. 

43One commenter suggested that the FTC require 

the disclosure of product capacity on the product 

itself. Though the current rule does not require the 

disclosure of capacities on labels, it does require the 

disclosure of such information on fact sheets and 

in directories. In addition, manufacturers must 

report capacity information to the FTC under 

existing reporting requirements. Under section 

305.14 of the Final Rule, manufacturers must 

continue to provide capacity as part of the prepurchase energy disclosures made to consumers. 

The disclosed capacity under the Rule must be that 

yielded by the DOE test procedure (see 10 CFR 

section 305.7). 

prohibit the dissemination of cost 

information for such products. 

Manufacturers and associations that 

choose to provide operating cost 

information should continue to follow 

section 323(c) of EPCA (42 U.S.C. 

§ 6293(c)), which requires that any 

representation regarding the energy use 

of a covered product must ‘‘fairly 

disclose’’ the results of the DOE test 

procedure. 

Finally, the Final Rule allows heating 

and cooling equipment retailers to use 

a variety of means, such as fact sheets, 

directories, and Internet-based data, to 

provide customers with access to 

required energy information prior to 

purchase. We recognize that some 

purchasers of residential heating and 

cooling equipment may not have 

immediate access to the Internet. Under 

the amended Rule, sellers who negotiate 

contracts in customers’ homes and who 

rely on Internet-based data to fulfill the 

disclosure obligations in section 305.14 

must provide customers with 

instructions to access such information 

and let them read the information before 

they agree to purchase the product. The 

Final Rule provides sellers with 

flexibility in complying with the 

requirements to meet the needs of 

individual customers, including those 

who do not have Internet access. For 

example, some retailers may choose to 

have paper versions of the required 

information available to provide to 

customers who do not have immediate 

Internet access. Others may decide to 

bring an electronic version of the 

Internet-based information (e.g., a 

downloaded directory or fact sheet) 

themselves using a laptop computer or 

other device. In limited cases where the 

retailer does not bring printed material 

(or a laptop computer) to the customer’s 

home, customers should have ample 

time to access the information online at 

a local library or other public access site 

due to the nature of heating and cooling 

equipment sales, which often involve 

more than one visit to the customer’s 

home.42 As Internet penetration 

increases in U.S. households, we believe 

that this matter will become less and 

less of an issue.43

D. Refrigerator Categories 

Background: During this proceeding, 

the Commission explored whether the 

range categories for refrigerators (used to 

determine the range of comparability on 

the EnergyGuide label) should be 

combined to include models with 

different door configurations and 

features. The current labeling 

requirements designate separate 

comparability ranges for various 

refrigerator sub-categories (or styles) 

such as side-by-side door 

configurations, models with topmounted freezers, or those with 

through-the-door ice service. This 

allows consumers easily to compare the 

energy use of similarly configured 

refrigerators and at a glance to 

determine a product’s energy use in 

comparison to the entire market for 

similar models. The current system, 

however, does not allow for such 

comparisons across categories. 

Consumers, however, can employ the 

energy use and operating cost 

information on the current labels to 

compare the product’s energy 

performance to other refrigerators in the 

showroom regardless of configuration. 

This problem is complicated by the 

fact that some refrigerator configurations 

are generally less efficient than others. 

For example, top-mounted freezer 

models generally use less electricity 

than comparably sized side-by-side 

models. As a result, the range 

information on a particular side-by-side 

refrigerator label may compare favorably 

to other side-by-sides, but fail to show 

that the model uses significantly more 

energy than an average refrigerator with 

a top-mounted freezer. As part of its 

Workshop, the FTC, therefore, sought 

comments on whether the refrigerator 

labels should present comparability 

information for all refrigerators 

regardless of configurations (see 72 FR 

6853-6854). The comments varied. 

Some suggested that the combination of 

the range information would make it 

easier for consumers to compare across 

categories. Others indicated that most 

consumers do not shop across 

configurations and, therefore, 

combining ranges would not be 

desirable. 

In our NPRM, the Commission 

explained that it was not proposing to 

alter current range categories for 

refrigerators because doing so runs 

counter to the system used by the DOE 

and the ENERGY STAR programs. For 

example, ENERGY STAR-qualified sideby-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 would appear as less 

efficient on the range than some nonENERGY STAR models. This could 

cause consumer confusion in the 

showroom and may cause confusion 

about the ENERGY STAR designation. 

Accordingly, the Commission indicated 

that a change in the current range 

system would not provide significant 

benefits for consumers. 

Although our NPRM did not propose 

changes to the refrigerator categories, 

the Commission recognized the need to 

clarify label information related to 

product categories. Accordingly, the 

Commission proposed amending the 

Rule to require the following 

explanatory statement on refrigerator 

labels: ‘‘Size, door attributes, and ice 

features affect energy use—so other 

refrigerators may have lower or higher 

operating costs.’’ In addition, the NPRM 

contained a proposal to require more 

explicit language on the refrigeratorfreezer label to clarify that the range 

only applies to the specific 

subcategories of products. For instance, 

the range for a side-by-side through-thedoor ice label would have stated: 

‘‘Range for models of similar capacity 

with automatic defrost, side-mounted 

freezer, and through-the-door ice.’’ The 

Commission sought comments on these 

proposals. The NPRM also asked 

whether the Commission should amend 

the categories to include refrigeratorfreezers with bottom-mounted freezers 

and through-the-door ice service (a 

configuration that has recently appeared 

on the market). 

Comments: Some commenters 

supported the Commission’s decision to 

maintain the existing range categories 

for refrigerators. AHAM (#527896- 

00006) stated that consumers rank 

configuration as a top priority when 

choosing a refrigerator and, therefore, 

would not benefit from combined range 

information on the label. Whirlpool 

(#527896-00004) similarly explained 

that consumers identify their model size 

needs and consider which configuration 

they want before they begin the 

shopping process. In AHAM’s (#527896- 

00006) view, the prominent disclosure 

of operating costs on the label will 

permit consumers to compare models 

across all categories using a uniform 

measurement. 

Other commenters, however, urged 

the Commission to reconsider its 

decision. ACEEE (#527896-00015) noted 

that the FTC’s label research 

underscores consumers’ lack of 


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44We note that the current magnitude of the 

benefit from combined range information is 

uncertain. At some model sizes, there are simply no 

(or very few) models of certain configurations 

available on the market. For example, there are few 

side-by-side door models (for automatic defrost 

refrigerator-freezers) available at sizes under twenty 

cubic feet. This means, for example, that combining 

the ranges would provide little benefit to a 

consumer shopping for an 18 cubic foot refrigeratorfreezer. Likewise, there are few top-mount and 

bottom-mount refrigerator-freezer models available 

over twenty-three cubic feet in size. In addition, the 

FTC’s consumer research (Q.805) suggested that 

over half of recent refrigerator purchasers did not 

consider different model configurations when 

shopping. 4542 U.S.C. 6294(c)(1)(B). 

knowledge on this issue, and thus, the 

need to eliminate separate categories. By 

eliminating subcategories, ACEEE 

(#527896-00015) contends the FTC 

could improve the effectiveness of the 

label and better meet the original intent 

of the labeling program. Consumers 

Union (#527896-00012) suggested that 

the Commission include ranges for all 

refrigerator categories on all refrigerator 

labels to allow consumers to understand 

the variability in energy use among 

configurations. CEE (#527896-00016) 

also urged the Commission to 

reconsider and argued that ‘‘while the 

inclusion of some text on the 

refrigerator label to explain the different 

operating cost and energy use ranges for 

the different types of refrigerators might 

help consumers’ understanding of the 

label, it still does not allow consumers 

to compare efficiency across different 

types of refrigerators.’’

Several commenters raised concerns 

with the new statements proposed for 

the EnergyGuide label related to 

refrigerator categories. Whirlpool 

(#527896-00004) indicated that, while it 

may be appropriate to inform consumers 

that product features affect energy costs, 

it is unnecessary to insert a statement 

identifying the model’s configuration 

category (e.g., ‘‘Range for models of 

similar capacity with automatic defrost, 

side-mounted freezer, and through-thedoor ice’’). AHAM (#527896-00006) 

argued that neither of these disclosures 

is desirable. It urged the Commission to 

rely on the prominence of the operating 

cost disclosure as the most effective way 

to allow consumers to compare energy 

performance across different designs. 

Regarding the statement identifying the 

model’s category, AHAM (#527896- 

00006) concluded that the ‘‘the need to 

address certain variables [such as the 

range category] is outweighed by the 

benefit of having a simple universal 

measurement.’’ AHAM (#527896-00006) 

asserted that both proposed statements 

on the label are potentially confusing to 

consumers, redundant, and would 

create unwanted clutter. On the other 

hand, Consumers Union (#527896- 

00012) suggested the statement is not 

adequate because it may fail to alert 

consumers to the fact that the range of 

refrigerator comparisons is ‘‘very 

narrowly defined.’’

In response to questions about 

labeling refrigerator-freezers with a 

bottom-mounted freezer and through the 

door ice, Consumers Union (#527896- 

00012) stated that the introduction of 

these models is increasing and should 

accelerate in the future. It, therefore, 

urged the Commission to create a 

separate category. In contrast, AHAM 

(#527896-00006) and Whirlpool 

(#527896-00004) argued that these 

models represent a small portion of total 

refrigerator sales and the number of 

models currently available do not 

warrant the creation of a new category. 

Discussion: The Commission has 

decided to maintain the current 

refrigerator categories. 

As comments from ACEEE (#527896- 

00006) and Consumers Union (#527896- 

00012) indicate, combined range 

information for all refrigerators may 

provide a benefit by alerting consumers 

to the fact that the energy use of 

refrigerators can vary by 

configuration.44 As discussed in detail 

in the NPRM though, we continue to 

believe that the combination of 

refrigerator classes would negatively 

impact the ENERGY STAR program 

which uses the current refrigerator 

categories in setting its qualification 

criteria. Because the ENERGY STAR 

logo appears on the EnergyGuide label 

itself, we believe it is very important to 

align the FTC refrigerator categories 

with those used by the ENERGY STAR 

program. Without such alignment, some 

ENERGY STAR models may fall on the 

high end of the operating cost range, 

creating possible confusion and 

potentially reducing consumer 

confidence in both the ENERGY STAR 

program and the EnergyGuide label. 

This factor alone is dispositive in our 

decision. 

We have also considered the 

comments in response to our proposal 

to include more information about the 

range on the label, as well as the other 

suggested additions (e.g., identifying the 

ranges for all configurations on every 

label and providing the make and model 

number of the products at the high and 

low end of the range). We are concerned 

that the inclusion of such additional 

information will clutter the label and 

create confusion without significant 

benefit to consumers. Likewise, we are 

concerned that the language proposed in 

the NPRM, which would have included 

the complete category description 

directly under the range, would crowd 

the label unnecessarily, thereby 

reducing its overall effectiveness. 

At the same time, the comments and 

the FTC research results (see 72 FR 

6852) suggest that it is important to 

provide a complete, accurate 

description of the model types covered 

by the displayed range. Accordingly, the 

Final Rule requires such information at 

the bottom of the label not only for 

refrigerators, refrigerator-freezers, and 

freezers, but for most other covered 

products bearing an EnergyGuide label. 

Under the Final Rule, the range itself 

would bear the simple statement: ‘‘Cost 

range of similar models.’’

With regard to bottom-mount models 

with through the door ice, the 

Commission has decided not to amend 

the Rule to create another refrigerator 

category because it is unclear whether 

there will be a large increase in the 

number of these models available in the 

future. Without a clear indication that 

this configuration will be widely 

available in a large number of different 

models, we are reluctant to add to the 

already long list of refrigerator 

categories. The Commission may 

consider changes in the future if a 

significant number of such models 

appear on the market and we determine 

that the creation of another category 

would be beneficial to consumers. 

E. Revisions to Ranges of Comparability 

and Energy Price Information 

Background: Under the current Rule, 

the EnergyGuide label must contain a 

range of comparability that shows the 

highest and lowest energy consumption 

or efficiencies for all similar appliance 

models.45 EPCA does not specify when 

the Commission must change the ranges 

but states it cannot do so ‘‘more often 

than annually.’’ (42 U.S.C. 6296(c)). 

Under the Commission’s existing 

regulations, the FTC examines the 

ranges once a year and revises them on 

a product by product basis if the upper 

or lower limit on the applicable range 

has changed by 15% or more. (16 CFR 

§ 305.10). For some products, the 

Commission has amended ranges 

several times over the last few years, for 

others less frequently. When the 

Commission makes these changes, 

manufacturers must change their labels 

to reflect the new ranges and update the 

estimated annual operating costs on the 

labels using new national average fuel 

costs, published annually by DOE. 

Accordingly, under the existing 

approach, the average fuel costs used on 

the label are tied to the year in which 

the ranges were last amended. This 


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46Inconsistent range information on similar 

models in the same showroom may confuse 

consumers as they seek to compare products. 

47See GAMA (#527896-00011), CEE (#527896- 

00016), ACEEE (#527896-00015), and EEI (#527896- 

00005) (As discussed further in this section, CEE 

indicated that the five-year period was reasonable 

‘‘provided that the FTC allows exceptions for any 

dramatic market changes for a given appliance.’’) 

48The Final Rule amends section 305.10(b) as 

proposed to insert the phrase ‘‘annual operating 

cost’’ in lieu of ‘‘annual energy consumption.’’

49The new amendments do not alter the 

longstanding process detailed in section 305.10(c) 

for labeling new products that fall outside of 

existing ranges. That provision directs 

manufacturers to provide the product’s annual 

energy consumption (now estimated operating cost) 

on the label, but omit placement of that figure on 

the comparability range. The manufacturers must 

also add a sentence below the scale indicating that 

the model’s estimated energy cost was not available 

at the time the range was published. 

creates inconsistent cost information on 

labels across different appliances. 

Unfortunately, range changes also can 

cause the labels on different models of 

the same appliance, in the same 

showroom to display inconsistent 

information,46 particularly when the 

models on display have been 

manufactured at different times. This 

confusion is exacerbated by frequent 

range changes. Frequent revisions also 

impose burdens on manufacturers who 

must change their product labels with 

each new revision. The ANPR contained 

a series of questions about these issues, 

including whether the FTC should 

change the frequency with which it 

examines ranges. 

In our NPRM, the Commission 

proposed amending section 305.10 to 

change the frequency with which we 

alter range and national average energy 

price information to once every five 

years. We suggested that this approach 

would minimize problems associated 

with inconsistent cost and range 

information on showroom models, and 

make energy cost information uniform 

across appliance categories. The 

Commission also indicated that it would 

consider changes to range and cost 

information if substantial fluctuations 

occurred in the interim period. The 

NPRM sought comments on this 

proposal. 

Comments: In general, commenters 

supported the Commission’s proposal to 

establish a multi-year cycle for 

amending cost and range information. 

There was some disagreement, however, 

regarding the appropriate interval. 

Several commenters supported the 

proposed five-year schedule.47 GAMA 

(#527896-00011), for example, 

explained that the five-year period will 

provide consistent cost and range 

information for products in retail 

showrooms and, at the same time, will 

reduce the burdens on manufacturers. 

CEE (#527896-00016), which indicated 

that five years was a reasonable span, 

noted that such an approach should 

lower compliance costs and decrease 

uncertainty. In addition, EEI (#527896- 

00005) suggested that the Commission 

consider updating the national average 

cost estimate with a ‘‘rolling average’’

using, for example, past and projected 

fuel price averages based on DOE 

figures. 

Consumers Union (#527896-00012) 

strongly supported a five-year schedule 

for changes to national average energy 

cost information but urged the 

Commission to shorten the time period 

for changes to ranges of comparability. 

It argued that the proposed five-year 

period is too long because products will 

drop outside the range over time, 

leading to consumer confusion and the 

‘‘dismissal of the EnergyGuide as a 

useful tool.’’ It suggested that the range 

should start at 25% below the most 

efficient product on the market to leave 

enough room for efficiency 

improvements. 

AHAM (#519870-00006) and 

Whirlpool (#527896-00004) supported 

the Commission’s proposal to set a 

regular time period for range and cost 

updates but believed the interval should 

be shorter than five years. Whirlpool 

(#527896-00004), which suggested an 

interval of three years, argued that a five 

year period may lead to very large 

changes in energy costs at the time of 

updates. AHAM (#527896-00006), 

which proposed a ‘‘two to three year’’

interval, argued that a large number of 

new products would fall outside of the 

range of comparability during the fiveyear period. AHAM (#527896-00006) 

suggested that such problems would be 

exacerbated by less frequent reporting 

requirements. AHAM (#527896-00006) 

also asked the Commission to explain 

the process for labeling products that 

fall outside of the range of 

comparability. 

Several commenters asked the 

Commission to provide more detail 

regarding interim amendments to range 

and cost information as a result of 

‘‘dramatic market changes’’ within the 

proposed five year cycle. For example, 

ACEEE (#527896-00015) urged the 

Commission to monitor federal 

efficiency standards, the introduction of 

new technologies, sustained changes in 

energy costs, and large increases in 

energy prices. Consumers Union 

(#527896-00012) asked for a more 

specific statement regarding future 

changes, suggesting that the 

Commission commit to changing the 

cost and range information before the 

end of the five year period if ‘‘energy 

costs change by more than 25% during 

the interim.’’ CEE (#527896-00016) also 

asked for more specific guidance on this 

issue. 

Discussion: The Commission amends 

the Rule as proposed to set a five-year 

schedule for range of comparability 

information and annual cost 

information.48 Although we recognize 

the potential benefit of more frequent 

changes, particularly to range of 

comparability information, we believe 

that the need for consistent label 

information is paramount and, on 

balance, deserves greater weight than 

the need for more frequent updates. Our 

primary concern is the appearance of 

inconsistent cost and range information 

on labels in showrooms and catalogs. 

Such inconsistency could lead to 

consumer confusion and a lack of 

confidence in the label. To minimize 

such concerns, we believe that the fiveyear schedule strikes the correct balance 

between maintaining consistent 

disclosures and providing updates to 

cost and range information. The five 

year interval approximates the 

frequency of changes to the ranges in 

the past few years. For example, over 

the last several years, the Commission 

amended refrigerator ranges in 2001 

(Nov. 19, 2001 (66 FR 57867)), and then 

again in 2006 (Jan. 31, 2006 (71 FR 

4983)). Ranges for standard clothes 

washers changed in 2000 (May 11, 2000 

(65 FR 30351), and then 2005 (Jan. 27, 

2005 (70 FR 3875). The Commission has 

amended ranges for other products at 

intervals greater than five years (e.g., 

room air conditioners, central air 

conditioners, furnaces, and water 

heaters). Only two product categories, 

dishwashers and compact clothes 

washers, have changed at less than a 

five-year interval in the recent past.49

As discussed in our NPRM, the 

Commission will consider changes to 

cost and range information between the 

five year updates. We are reluctant to 

identify a specific threshold for such 

changes. In fact, the use of such a 

threshold simply would retain the 

current Rule’s approach, which triggers 

changes to the ranges using a specific 

percentage. Under the Final Rule, we 

believe that any interim changes to 

range and cost information should be 

made on a case-by-case basis, and only 

when such information has changed 

substantially. Parties who identify the 

need for such interim changes in the 

future may petition the Commission. 


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50MEF is an efficiency rating for clothes washers 

that takes into account the energy required for the 

removal of moisture remaining in the wash load 

after the washer cycle is complete. 

51Alliance Laundry Systems (#519870-00008), 

Whirlpool (#519870-00013), AHAM (#519870- 

00016), NRCAN (#519870-00020), and GE (#519870- 

00027). 

52See ‘‘Washers & Dryers, Cycles of Change,’’

Consumer Reports, Vol. 72, No. 1, Jan. 2007, at 39. 

We also note that the Final Rule does 

not adopt the suggestion to start the 

range at 25% below the most efficient 

product on the market. Although such 

an approach could provide a cushion for 

energy efficiency improvements, we are 

concerned that such information would 

be difficult to communicate to 

consumers and could lead to significant 

confusion. We also are not adopting a 

‘‘rolling average’’ cost approach at this 

time. Given the difficultly in predicting 

future prices, it is unclear whether the 

use of future projections for the cost 

information on the label would be 

helpful for consumers. We are not, 

however, ruling out consideration of 

this concept in the future. 

Although the Final Rule amends the 

frequency of changes for the cost and 

range information on the label, it does 

not change the frequency of the Rule’s 

reporting requirements. Section 

326(b)(4) of EPCA (42 U.S.C. 

§ 6296(b)(4)) requires annual reporting 

from manufacturers, regardless of the 

frequency of range changes. Continued 

annual reporting will be useful to the 

Commission in reviewing whether the 

ranges for certain product categories 

should be changed within the five year 

cycle and in addressing compliance 

issues. The submissions, which are 

placed on the public record pursuant to 

16 CFR § 4.9, also provide consumers 

and other interested parties with 

information about the energy use of 

models currently on the market. 

F. MEF Descriptor for Clothes Washers 

Background: In our ANPR (70 FR 

66307, 66310), we asked whether the 

clothes washer label should disclose the 

model’s efficiency rating using the 

measure currently required by DOE (the 

‘‘Modified Energy Factor’’ or ‘‘MEF’’)50

instead of the product’s annual energy 

consumption. Several commenters 

responded that the Commission should 

not change current descriptors.51 In the 

NPRM, the Commission noted that a 

recent news report questioned the 

consistency between the MEF 

information used for ENERGY STAR 

ratings and the electricity use 

information on the EnergyGuide label.52

Accordingly, the Commission again 

asked whether MEF information should 

be provided on the label and whether, 

under current test procedures, 

manufacturers can derive annual 

operating cost information from MEF 

ratings. 

Comments: Several commenters 

recommended that the Commission 

continue to provide annual electricity 

and cost information on the label and 

recommended that the Commission not 

include MEF information. Whirlpool 

(#527896-00004) argued that the 

inclusion of MEF ratings would not 

provide any value to the consumer and 

explained that the MEF could not be 

used to derive an annual operating cost 

for the clothes washer alone. Both EEI 

(#527896-00005) and AHAM (#527896- 

00007) suggested the inclusion of the 

MEF information on the label would 

create consumer confusion. CEE 

(#527896-00016) suggested that the use 

of MEF by the ENERGY STAR program 

is irrelevant because consumers do not 

need to be familiar with MEF to 

understand that a product is ENERGY 

STAR qualified. In contrast, on the 

EnergyGuide label consumer 

understanding of an MEF rating would 

be paramount. 

Consumers Union (#527896-00012) 

disagreed and urged the Commission to 

include information related to energy 

needed to dry clothes, a measure which 

is accounted for in the MEF rating. 

According to Consumers Union 

(#527896-00012), such information ‘‘can 

be readily ascertained . . . simply by 

assigning 0.5 kW-hours to every pound 

of moisture that remains at the end of 

the rinse cycle.’’

Discussion: The Commission has 

decided to retain the annual electricity 

and cost information for clothes 

washers. First, we note that no 

commenters suggested that the current 

energy use and annual operating cost 

disclosures on the EnergyGuide label 

are unreliable or inconsistent with MEF 

ratings. No one indicated, for example, 

that some products with relatively high 

efficiency MEF ratings use large 

amounts of energy (and thus cost more 

to operate) compared to similar models. 

We, however, understand that by taking 

into account energy performance 

measures not captured by a washer’s 

energy use alone, an MEF rating can 

produce a more complete picture of 

total energy use. Despite this potential 

benefit, disclosure of the MEF rating on 

labels poses two potential problems. 

First, we share the concerns raised by 

AHAM and EEI that inclusion of MEF 

information on the label may be 

confusing to consumers. MEF is unusual 

in that it takes into account the energy 

use of a separate appliance category 

(i.e., dryers). We are concerned that the 

complexity of describing MEF 

accurately could render the label too 

confusing for some consumers and too 

cluttered to provide any benefit to 

others. Second, using MEF (instead of 

electricity use) could cause 

complications with the calculation and 

disclosure of the product’s annual 

operating cost. Whirlpool explained that 

manufacturers cannot derive operating 

cost from the MEF under current DOE 

procedures. Therefore, even if MEF 

appeared on the label, washer energy 

use would continue to provide the basis 

for the estimated yearly operating cost 

disclosure, leaving the incorrect 

impression that the operating cost 

estimate stems from the MEF rating. 

Given these concerns, the Commission 

is reluctant to provide MEF information 

in the absence of compelling data that 

MEF provides more useful information 

than annual electricity use and 

operating cost. Accordingly, the 

Commission has not changed the energy 

descriptors for clothes washers. 

We recognize that the ENERGY STAR 

and DOE standards programs use MEF 

as the primary measure of washer 

energy performance. During this 

proceeding, we have sought to ensure 

that the FTC’s labeling requirements are 

compatible with the ENERGY STAR 

program (e.g., concerns over categorical 

labeling and combining refrigerator 

categories). In this case though, there is 

nothing to indicate that continued 

disclosure of energy use (and not MEF) 

on the EnergyGuide label would have 

negative impacts for the ENERGY STAR 

program. 

G. Placement of the EnergyGuide Label 

on Covered Products 

Background: In our NPRM, the 

Commission proposed to modify and 

clarify the requirements for posting 

labels. The current requirements 

describe various methods for posting 

labels (adhesive labels, flap tags, etc.) 

and various methods for placing the 

labels on the products themselves. 

Under the Proposed Rule, 

manufacturers would have had to affix 

labels on their products in one of two 

ways: an adhesive label or hang tag. In 

either case, the label would have to be 

attached to the product so that the label 

was ‘‘prominent to a consumer 

examining the product.’’ In our NPRM, 

the Commission proposed allowing 

manufacturers to place the label on the 

exterior or interior of the product, if it 

were prominent to consumers 

examining the appliance and as long as 

it would not become dislodged during 

normal handling throughout the chain 

of distribution. The Commission 

explained that this directive would set 

a clear performance-based standard that 


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53EPCA indicates that catalogs must ‘‘contain all 

information required to be displayed on the label, 

except as otherwise provided by the rule of the 

Commission.’’ (42 U.S.C. 6296(a)). 

allowed manufacturers to adjust the 

location of the label depending on the 

product type and configuration. The 

Commission invited comment on this 

proposal. 

Comments: The comments generally 

supported the proposal regarding label 

placement. For example, Whirlpool 

(#527896-00004) indicated that the 

performance criteria suggested by the 

Commission ‘‘are superior to detailed 

placement specifications.’’ AHAM 

(#527896-00006) mostly supported the 

changes but suggested that the 

Commission prohibit the placement of 

hang tags on the outside of the product. 

‘‘Such tags can be damaged or 

accidentally removed during 

distribution,’’ explained AHAM 

(#527896-00006), ‘‘and therefore may be 

absent when products reach retail.’’

Discussion: In response to concerns 

raised by AHAM (#527896-00006), we 

have modified the proposal to prohibit 

the use of hang tags on the exterior 

surface of covered products. AHAM’s 

comment (#527896-00006) suggests that 

the use of hang tags on the outside of 

appliances may cause EnergyGuide 

labels to become misplaced or damaged 

easily. The effectiveness of the entire 

labeling program is compromised if 

products in showrooms do not have the 

required labels. Accordingly, we believe 

it is important that the Rule contain 

placement requirements that minimize 

the chance that labels will become 

dislodged from products. In all other 

respects, we are amending the 

placement requirements in the Rule as 

proposed. We also note that the Final 

Rule also applies these new placement 

requirements to heating and cooling 

equipment labels. 

H. Catalog Requirements 

Background: The Rule requires any 

manufacturer, distributor, retailer, or 

private labeler who advertises a covered 

product in a catalog, including a website 

that qualifies as a catalog, to disclose the 

product’s capacity, energy use (or 

efficiency), and range of comparability 

information. In the NPRM, the 

Commission proposed amending the 

catalog section to require disclosures of 

estimated annual operating costs for 

refrigerators, refrigerator-freezers, 

freezers, clothes washers, dishwashers, 

room air conditioners, and water 

heaters. This change would make the 

catalog requirements consistent with the 

changes proposed for the EnergyGuide 

label. The Proposed Rule would have 

continued to require the disclosure of 

energy efficiency rating information for 

central air conditioners and furnaces. 

The Proposed Rule also would have 

eliminated the requirement for catalog 

sellers to include range information 

along with their disclosures in the 

catalogs.53 Consumers viewing catalogs 

are likely to see information for a much 

larger number of models than 

consumers in a showroom. Thus, 

catalog shoppers do not have the same 

need for comparability ranges. In 

addition, because the range information 

in the paper catalogs cannot always be 

presented in the same form as they 

appear on the label, the display of range 

information in a catalog may cause 

confusion or fail to provide significant 

benefit to consumers. While the benefits 

of range disclosures in catalogs may be 

small, the burdens of providing this 

information can be significant. The 

burdens often fall on retailers who are 

not producing and labeling the products 

themselves. For these reasons, the 

Commission proposed eliminating the 

range information from the catalog 

requirements. 

Finally, the NPRM contained several 

proposed changes to the catalog 

disclosure requirements in section 

305.2(m) and newly-designated section 

305.20 to clarify that Internet-based 

catalogs must also provide ‘‘catalog’’

disclosures. The Commission sought 

comment on these proposed changes. 

Comments: The Commission received 

only two comments in response. Both 

expressed support for the proposed 

changes. Whirlpool (#527896-00004) 

agreed that elimination of the ‘‘range 

information’’ requirement for catalogs 

will reduce consumer confusion. AHAM 

(#527896-00006) indicated that ‘‘these 

changes will allow manufacturers to 

more clearly present the relevant 

information needed to consumers when 

comparison shopping through a catalog 

or on the internet.’’

Discussion: For the reasons explained 

above and in the NPRM, the 

Commission has amended the Rule for 

catalog requirements as proposed. We 

note that several Internet catalog sellers 

provide hyperlinks to EnergyGuide label 

images generated by manufacturers in 

lieu of creating their own disclosures to 

meet the Rule’s catalog requirements. 

The Final Rule clarifies that such a 

practice is acceptable. 

I. Fuel Cycle Energy Consumption 

Background: In our NPRM, the 

Commission indicated that earlier 

comments from the American Gas 

Association (AGA) (#519870-00014) 

urged the Commission to include 

information on the label about ‘‘energy 

consumption over the full fuel cycle 

(i.e., total energy efficiency) and 

externalities such as emissions of 

criteria air pollutants and carbon 

dioxide over the full fuel cycle.’’ AGA 

argued that without this information, 

the label does not allow consumers to 

‘‘make truly informed choices’’ and 

provides information that is incomplete 

and misleading. 

In our NPRM, the Commission 

explained that, under section 

324(c)(1)(A) of EPCA (42 U.S.C. 

6294(c)(1)(A)), the energy consumption 

information required on the Energy 

Guide label must be derived from DOE’s 

test procedures. The current procedures 

measure end-use energy only and not 

the type of energy consumption 

described in AGA’s comment. 

Accordingly, the Commission indicated 

that it was not proposing to add the 

information suggested by AGA. 

Comments: In response, AGA 

(#527896-00009) continued to urge the 

Commission to consider the disclosure 

of fuel cycle energy information. AGA 

stated that there ‘‘is no restriction upon 

the Commission using energy 

consumption calculations derived from 

the [DOE] test procedures, such as 

Energy Factor (EF) for water heaters, to 

developing full fuel cycle combustion 

and emissions estimates for subsequent 

use on the EnergyGuide labels.’’ It 

suggested that the ‘‘mechanics of 

translating site energy descriptors into 

full fuel cycle consumption and 

emissions can be easily developed using 

available federal government data 

sources and calculation methods.’’ AGA 

urged the Commission to pursue 

actively approaches that explore full 

fuel cycle efficiency and emissions, 

particularly carbon dioxide emissions. 

AGA concluded that ‘‘[a]t a time when 

public policy has begun to grapple with 

potential restriction of carbon dioxide 

emissions and possible unintended 

consequences of regulation, the 

Commission has an opportunity to 

address this societal need by providing 

consumers with better information so 

that they can make informed, sociallyresponsible purchase decisions.’’ EEI 

(#527896-00005) disagreed, stating that 

‘‘extraneous information that has no 

relation to appliance energy efficiency, 

such as source energy estimates, should 

not be included on any revised FTC 

label.’’

Discussion: The Final Rule does not 

require disclosures of fuel cycle energy 

information. Though it may be possible 

to derive fuel cycle emissions 

information from the DOE test 

procedures, those procedures do not 

specify the means (e.g., necessary 

assumptions, equations, etc.) for 


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54At the Workshop, one participant suggested that 

the average 42-inch plasma televisions draws 334 

watts, with a minimum draw of 201 watts and a 

maximum draw of 520 watts. Workshop Tr. at 198. 

55See EEI (#527896-00005), CEE (#527896-00016), 

and ACEEE (#527896-00015). 

calculating fuel cycle impacts, including 

carbon dioxide emissions. In addition, 

although the labeling provision in EPCA 

(42 U.S.C. 6294) does not prohibit 

specifically the possibility of full fuel 

cycle disclosures, it clearly 

contemplates the disclosure of site 

energy use (e.g., ‘‘estimated annual 

operating cost’’) and not broader 

impacts such as the carbon emissions of 

covered products. It is likely that such 

a significant change to the FTC’s 

labeling requirements would require 

substantial changes to DOE test 

procedures to allow for offsite energy 

use calculations as well as additional 

research and discussion regarding 

whether such information would be a 

useful measure of energy consumption 

for consumers. 

J. Clothes Washer Labels 

Background: In 2003, the Commission 

published amendments requiring a 

special headline on clothes washer 

labels indicating that the product had 

been tested under the 2004 DOE test 

procedure (68 FR 35458 (June 18, 

2003)). The FTC added this headline at 

the request of industry members 

because the results of the 2004 DOE test 

differed significantly from the previous 

test. Although the explanatory language 

served a useful purpose at the time, we 

suggested in the NPRM that its 

continued presence on the label will 

gradually lose value and could even 

confuse consumers as the years pass. As 

the 2004 date becomes more distant, the 

headline may lead consumers to believe 

that the label or the product itself is old, 

or even obsolete. Accordingly, the 

Commission proposed to amend 305.11 

by discontinuing this explanatory 

language on the clothes washer label. 

Comments and Discussion: Both 

Whirlpool (#527896-00004) and AHAM 

(#527896-00006) indicated that the 

language is now redundant and 

potentially confusing to consumers. No 

comments opposed the change. 

Therefore, for the reasons discussed 

above, the Commission amends the Rule 

as proposed to eliminate language 

related to the 2004 DOE test procedure. 

L. Television Labeling 

Background: Section 324(a) of EPCA 

requires labels for televisions unless the 

Commission determines that labeling is 

not technologically or economically 

feasible. (42 U.S.C. 6294(a)). In 1979, the 

Commission determined that television 

labeling was not economically feasible. 

At that time, the evidence suggested that 

there was little variation in the annual 

energy costs of competing television 

models, and such costs were a small 

fraction of the purchase price. The 

Commission, therefore, indicated it was 

unlikely that television labels would 

promote efforts to increase energy 

efficiency or provide benefits to 

consumers. (44 FR 66466, 66468 (Nov. 

19, 1979)). 

As part of the May 2006 Workshop, 

the FTC sought comment on whether 

the Rule now should require television 

labeling in light of technological 

developments. In response, several 

commenters urged that the Commission 

revisit its 1979 decision. According to 

the Natural Resources Defense Council 

(NRDC) (#519870-00025), there are now 

many ‘‘large-screen’’ digital televisions 

on the market that use 500 or more 

kilowatt-hours per year, as much energy 

as many new refrigerators.54 NRDC 

(#519870-00025) asserted that, in some 

cases, consumers will pay several 

hundred dollars in electricity costs for 

their televisions over the lifetime of the 

product. NRDC (#519870-00025) also 

indicated that there is now a large 

variation in active mode power use 

among similarly-sized televisions. In its 

view, there is no reliable, modelspecific, source of energy-use 

information for new televisions. Some 

comments (e.g., CEE (#522148-00006) 

supported NRDC’s (#519870-00025) 

suggestion. Others (e.g., Consumer 

Electronics Association (#522148- 

00009)), however, questioned the need 

and feasibility of television labeling. 

In our NPRM, the Commission 

explained that the information provided 

by commenters suggests that the energy 

consumption characteristics of 

televisions are significantly different 

than when the Commission decided to 

forgo labeling in the 1970’s and that 

energy labeling for televisions may 

assist consumers in making purchasing 

decisions. At the same time, the record 

suggested that current DOE procedures 

are inadequate to test most televisions 

currently on the market. Because the 

energy information disclosed on an 

FTC-required television label must stem 

from test procedures prescribed by DOE 

(see 42 U.S.C. 6294(c)), the Commission 

indicated that it cannot proceed until 

the DOE test is revised. Once DOE 

develops a revised test procedure, the 

Commission indicated it could consider 

whether the attributes of televisions on 

the market warrant energy labeling. The 

Commission sought further comment on 

this issue. 

Comments: Several comments 

acknowledged that the outdated DOE 

test procedure poses a barrier for 

television labeling but suggested that 

DOE soon would have an opportunity to 

update their test procedure.55 Both CEE 

(#527896-00016) and ACEEE (#527896- 

00015) indicated that the international 

test procedure currently under 

development should be finished soon. 

EPA (#527896-00018) reported that it 

has been working closely with the 

International Electrotechnical 

Commission (IEC) to develop the test 

procedure that will measure the active 

power mode power of televisions. 

ACEEE (#527896-00015) expects that a 

revised DOE procedure would follow as 

soon as the IEC standard is finalized. 

ACEEE (#527896-00015) also urged the 

Commission to ‘‘establish a definite 

time frame’’ for television labeling. CEE 

(#527896-00016) asked the Commission 

to commit to promulgating such 

requirements once the revised DOE 

procedure becomes available. No other 

comments were received on this issue. 

Discussion: The Commission is not 

proposing labeling for televisions at this 

time. Absent a DOE test procedure 

applicable to today’s products, we 

cannot require labeling that would 

benefit consumers. The Commission 

will continue to monitor this issue and 

may seek further comment on television 

labeling once DOE issues revised test 

procedures. 

M. Miscellaneous Amendments and 

Issues 

In our NPRM, the Commission 

proposed several minor substantive and 

formatting amendments. These include 

the reorganization of several sections, 

the inclusion of a new requirement 

related to refrigerator reporting, and the 

elimination of obsolete or incorrect 

references. 

Alphabetize Definitions and Update 

Definition of Refrigerators and 

Refrigerator Freezers: To make the Rule 

more user friendly, the Commission 

proposed to alphabetize the list of 

definitions in section 305.3 and the 

descriptions of covered products in 

section 305.4. We also proposed to 

amend the definition of ‘‘refrigerators 

and refrigerator freezers’’ at section 

305.3(a) so that it is consistent with 

DOE’s current definition (10 CFR 

§ 430.2). We received no comments on 

this issue. The Rule is, therefore, 

amended as proposed. 

Adjusted Volume Information for 

Refrigerators: In our NPRM, the 

Commission proposed amending the 

Rule to require refrigerator, refrigeratorfreezer, and freezer manufacturers to 

report the adjusted volume of their 


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56All reports submitted to the Commission under 

section 305.8 the Appliance Labeling Rule become 

public record information pursuant to the 

Commission’s Rules (16 CFR 4.9(a)(10)(xii)). 

57 Because the identity of manufacturers is 

readily apparent from the reports submitted to the 

FTC, it is not necessary to include such information 

for each model on each line of the data. 

models. Adjusted volume data is 

essential for determining whether a 

refrigerator or freezer model meets DOE 

minimum efficiency standards, and thus 

whether it should be considered in 

updating range information for 

refrigerator labels. Both Whirlpool 

(#527896-00004) and AHAM (#527896- 

00006) indicated that they had no issue 

with this proposal. Whirlpool (#527896- 

00004) also explained that this 

provision does not create additional 

burden for manufacturers. No other 

comments addressed this issue. Section 

305.8 of the Rule is therefore amended 

as proposed. 

Brand Name Reporting: In our NPRM, 

the Commission proposed amending 

section 305.8 to clarify that 

manufacturers report both the 

manufacturer name and the brand name 

(if different from the manufacturer) of 

their models. Both Whirlpool (#527896- 

00004) and AHAM (#527896-00006) 

raised concerns about this proposal. In 

particular, Whirlpool (#527896-00004) 

explained that some manufacturers sell 

products to other manufacturers under 

an original equipment manufacturer 

arrangement or to retailers under a 

private label arrangement. Disclosure of 

brand names in conjunction with 

manufacturers’ names, therefore, is not 

desirable from a marketing perspective. 

The purpose of the proposed 

amendment was to clarify that 

manufacturers identify the brand names 

of their models in data submitted to the 

FTC, so that data could be posted by 

model name, not to link particular 

brands to specific manufacturers.56

Beginning in 2003, the Commission 

began posting appliance data on the our 

website for use by consumers and others 

interested in the energy efficiency of 

appliances. This data presents 

information by brand name, not 

manufacturer, because brand name is 

more relevant to consumers. The 

Commission does not plan to change 

this practice. 

The Commission therefore has 

amended the Rule to indicate that 

manufacturers submitting data under 

305.8 of the Rule provide the brand 

name of the models included in their 

reports. The Final Rule does not require 

the inclusion of the manufacturer name 

for each individual model in the 

report.57

Reorganization of Section 305.11: In 

our NPRM, the Commission proposed 

splitting section 305.11 into several 

sections organized by product category 

to make it easier for manufacturers to 

identify the requirements applicable to 

their products. We did not receive 

comments on this issue. The Rule is, 

therefore, amended to created the 

following new sections: § 305.11 

Labeling for refrigerators, refrigeratorfreezers, freezers, dishwashers, clothes 

washers, water heaters, room air 

conditioners, and pool heaters; § 305.12 

Labeling for Central Air Conditioners, 

Heat Pumps, and Furnaces; § 305.14 

Energy Information Disclosures for 

Heating and Cooling Equipment; 

§ 305.15 Labeling for Lighting Products; 

and § 305.16 Labeling and Marking for 

Plumbing Products. The Final Rule also 

contains various amendments 

throughout to update cross-references. 

Applicability of DOE Test 

Procedures: In our NPRM, the 

Commission proposed amending section 

305.5 to clarify that the Rule does not 

apply to covered appliance products for 

which DOE does not have a test 

procedure. No comments addressed this 

issue. The Commission, therefore, 

amends the Final Rule as proposed. 

Elimination of Appendix K: In our 

NPRM, the Commission proposed 

eliminating the suggested reporting 

format in Appendix K. Most 

manufacturers submit data via email 

using spreadsheet templates provided 

on the FTC website. In addition, the 

reporting format in Appendix K does 

not apply to products that have been 

added since the Rule was first 

promulgated in 1979. Accordingly, we 

believe that Appendix K is no longer 

needed. No comments addressed this 

issue, and the Commission, therefore, 

amends the Final Rule as proposed. 

Review of Technological Changes: In 

our NPRM, the Commission addressed 

CEE’s (#519870-00018) recommendation 

that the Commission institute a semiannual process to review technological 

advancements and modify the scope of 

labeling accordingly. In our NPRM, we 

explained that the Commission 

conducts periodic reviews of all its 

regulations on a rotating schedule, as it 

is conducting now for the Appliance 

Labeling Rule. During these reviews, the 

Commission seeks comments on the 

effectiveness of the rule in question, the 

burden it imposes, and possible 

improvements. Between such reviews, 

individuals and organizations may 

contact the Commission about problems 

or possible amendments to rules that 

may be needed. Therefore, the 

Commission explained that it did not 

plan to institute formal semi-annual 

reviews. 

In response, Consumers Union 

(#527896-00012) indicated that many of 

DOE’s test procedures are out-of-date, 

forcing manufacturers to extrapolate 

from existing requirements in 

determining energy performance for 

appliances, particularly those that 

contain new features not accounted for 

by the applicable DOE test. To address 

this concern, Consumers Union 

(#527896-00012) urged a mandatory 

review and update cycle for all DOE 

appliance test procedures. 

We note that questions regarding DOE 

test procedures should be addressed to 

DOE. The Commission continues to 

believe that additional, periodic reviews 

are not necessary for FTC’s rules. We, 

therefore, decline to adopt semi-annual 

reviews of technological advancements. 

Effective Date of Amendments: Two 

comments addressed the timing of the 

Commission’s Final Rule. Burnham 

(#527896-00001), a boiler manufacturer, 

suggested that the Commission provide 

manufacturers with at least six months 

to comply with the new requirements. 

CEE (#527896-00016) recommended 

that ‘‘new EnergyGuide label rules be 

implemented as soon as possible, given 

the various constraints faced by the FTC 

and manufacturers.’’ CEE (#527896- 

00016) also urged that the window for 

the transition from current to new label 

design be selected so as to minimize the 

amount of time in which the new and 

old EnergyGuide labels are present in 

the market. No other comments 

addressed this issue. 

In the past, the Commission has 

generally provided industry members 

three months to implement routine 

range changes to the labels (see, e.g., 66 

FR 57867 (Nov. 19, 2001)). Because the 

amendments announced here involve a 

change in the label design for most 

products, we believe additional time for 

compliance is warranted. We therefore 

have set the effective date six months 

after publication of this Notice. 

Consumer Education: CEE (#527896- 

00016) and ACEEE (#527896-00015) 

emphasized the importance of consumer 

education to support the labeling 

program. ACEEE (#527896-00015) stated 

that consumer education ‘‘has been a 

critical component of other public 

information programs and can help 

leverage the time and resources invested 

in program design and implementation 

to maximize program effectiveness.’’

The Commission places a high value, on 

consumer education and is considering 

what consumer education efforts are 

called for to implement effectively the 

new label design. 


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5844 U.S.C. 3501-3520. 

59We have increased this estimate to account for 

the continued labeling requirements for heating and 

cooling equipment. The burden for the routine 

labeling of these products has already been 

accounted for in the clearance for the underlying 

Rule (OMB Control No. 3084-0069). 

VIII. Paperwork Reduction Act 

The Rule contains disclosure and 

reporting requirements that constitute 

‘‘information collection requirements’’

as defined by 5 CFR § 1320.7(c), the 

regulation that implements the 

Paperwork Reduction Act (PRA).58 OMB 

has approved the Rule’s information 

collection requirements through August 

31, 2009 (OMB Control No. 3084-0069). 

The Commission has made minor 

changes in the current Rule’s existing 

recordkeeping, labeling, and reporting 

requirements. Accordingly, the 

Commission has submitted the Rule and 

a Supporting Statement to OMB for 

review under the PRA. 

The Commission’s burden estimates 

for the final amendments are based on 

data submitted by manufacturers to the 

FTC under current requirements and the 

staff’s general knowledge of 

manufacturing practices. 

The Final Rule requires 

manufacturers to change the 

EnergyGuide labels to the new design. 

Under the current Rule, manufacturers 

routinely change labels to reflect new 

range and cost data. The new label 

design will require a one-time drafting 

change for the manufacturers. The 

Commission estimates that this one time 

change will take 40 hours per 

manufacturer. The Commission further 

estimates that there are approximately 

450 manufacturers of affected covered 

products.59 Therefore, the label design 

change will result in a one-time burden 

of 18,000 hours (450 manufacturers x 40 

hours). In calculating the associated 

labor cost estimate, the Commission 

assumes that the label design change 

will be implemented by clerical workers 

at an hourly wage rate of $14.59 per 

hour based on Bureau of Labor Statistics 

information. Thus, the Commission 

estimates that the new label design 

change will result in a one-time labor 

cost of approximately $262,620 (18,000 

hours x $14.59 per hour). 

As discussed above, the Commission 

anticipates that the provision of 

adjusted volume information for 

refrigerator manufacturers will not 

result in a significant burden increase. 

This information should be readily 

available to manufacturers because it is 

necessary to determine compliance with 

DOE conservation standards. 

Accordingly, the Commission has not 

made an adjustment to its previous 

burden estimate due to this de minimis 

increase in reporting of the data already 

required by the Rule. 

The Final Rule also requires retailers 

who sell through catalogs to disclose 

information about annual operating cost 

instead of the annual energy 

consumption for certain products and 

provide an explanatory statement in the 

catalog similar to that which appears on 

the label. The Rule also eliminates the 

requirement for catalog sellers to list the 

range of comparability information. The 

Commission’s previous estimate of the 

Rule’s burden on catalog sellers 

(including Internet sellers) has assumed 

conservatively that catalog sellers must 

enter their data for each product into the 

catalog each year (see 71 FR 78057, 

78062 (Dec. 28, 2006)). The rule change 

does not alter that assumption because 

the amendments require a one-time 

change of all products in affected 

catalogs. This one-time change is 

consistent with previous burden 

estimates. Accordingly, the Commission 

does not believe any change is required 

to the existing burden estimates for 

catalog sellers. 

IX.Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601-612, requires that the 

Commission provide a Final Regulatory 

Flexibility Analysis (FRFA), if any, with 

the final Rule, unless the Commission 

certifies that the Rule will not have a 

significant economic impact on a 

substantial number of small entities. See 

5 U.S.C. 603-605. 

The Commission does not anticipate 

that the Final Rule will have a 

significant economic impact on a 

substantial number of small entities. 

The Commission recognizes that some 

of the affected manufacturers may 

qualify as small businesses under the 

relevant thresholds. The Commission 

estimates that these new requirements 

will apply to about 450 product 

manufacturers and an additional 150 

online and paper catalog sellers of 

covered products. Out of these 

companies, the Commission expects 

that approximately 350 qualify as small 

businesses. In addition, the Commission 

does not expect that the Final Rule will 

have a significant impact on these 

entities. 

We do not expect that the economic 

impact of implementing the design 

change will be significant. The 

Commission has provided industry 

members with ample time (six months) 

to implement this new design. 

Accordingly, this document serves as 

notice to the Small Business 

Administration of the FTC’s 

certification of no effect. Although the 

Commission certifies under the RFA 

that the amendments in this notice will 

not have a significant impact on a 

substantial number of small entities, the 

Commission has determined, 

nonetheless, that it is appropriate to 

publish an FRFA. Therefore, the 

Commission has prepared the following 

analysis: 

A. Description of the Reasons That 

Action by the Agency Is Being Taken 

Section 137 of the Energy Policy Act 

of 2005 (EPACT 2005) (Pub. L. 109-58) 

requires the Commission to conduct a 

rulemaking to consider the effectiveness 

of the consumer products labeling 

program. 

B. Statement of the Objectives of, and 

Legal Basis for, the Amendments 

The objective of the amendments is to 

improve the effectiveness of the current 

appliance labeling program. Section 137 

of EPACT 2005 amends section 324 of 

EPCA to require the Commission to 

examine ‘‘the effectiveness of the 

consumer products labeling program in 

assisting consumers in making 

purchasing decisions and improving 

energy efficiency.’’

C. Small Entities to Which the Proposed 

Rule Will Apply 

Under the Small Business Size 

Standards issued by the Small Business 

Administration, refrigerator and laundry 

equipment manufacturers qualify as 

small businesses if they have fewer than 

1,000 employees (for other household 

appliances the figure is 500 employees). 

Appliance retailers qualify as small 

businesses if their sales are less than 

$8.0 million annually. The Commission 

estimates that fewer than 300 entities 

subject to the Final Rule qualify as small 

businesses. 

D. Projected Reporting, Recordkeeping 

and Other Compliance Requirements 

We recognize that the Final Rule will 

involve some modest increase in 

compliance costs. Such costs will 

include some small, one-time drafting 

costs and reporting requirements for 

appliance manufacturers. As discussed 

in this notice, the increase in reporting 

burden should be de minimis. The 

transition to the use of a new label 

design should represent a one-time cost 

that will not be substantial. The 

Commission does not expect that the 

labeling requirements will impose 

significant additional costs on catalog 

sellers. All of these burdens, including 

the classes of affected entities and 

professional skills, if any, needed to 

comply, are discussed in the Paperwork 

Reduction Act section of this notice and 


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there should be no difference in that 

burden as applied to small businesses. 

E. Duplicative, Overlapping, or 

Conflicting Federal Rules 

The Commission has not identified 

any other federal statutes, rules, or 

policies that would duplicate, overlap, 

or conflict with the Final Rule. 

F. Significant Alternatives to the Final 

Amendments 

As indicated in the NPRM, the 

Commission has considered delaying 

the effectiveness of the rule to provide 

additional time for small business 

compliance. At least one comment 

suggested that businesses be given six 

months to comply with the new 

requirements. (Burnham (#527896- 

00001)). Accordingly, the Commission 

has set the effectiveness date for the 

new requirements at six months after 

the publication of this notice. 

X. Final Rule Language 

List of Subjects in 16 CFR Part 305 

Advertising, Energy conservation, 

Household appliances, Labeling, 

Reporting and recordkeeping 

requirements. 

By direction of the Commission. 

Richard C. Donohue, 

Acting Secretary. 

■ For the reasons set out above, the 

Commission is amending 16 CFR Part 

305 as follows: 

PART 305—[AMENDED] 

■ 1. The authority citation for Part 305 

continues to read as follows: 

Authority: 42 U.S.C. 6294. 

■ 2. Section 305.2 is revised to read as 

follows: 

§ 305.2 Definitions. 

(a) Act means the Energy Policy and 

Conservation Act (Pub. L. 94–163), and 

amendments thereto. 

(b) ANSI means the American 

National Standards Institute and, as 

used herein, is the prefix for national 

standards and codes adopted by ANSI. 

(c) ASME means the American 

Society of Mechanical Engineers and, as 

used herein, is the prefix for national 

standards and codes adopted by ASME. 

(d) Average lamp efficacy means the 

lamp efficacy readings taken over a 

statistically significant period of 

manufacture with the readings averaged 

over that period. 

(e) Ballast efficacy factor means the 

relative light output divided by the 

power input of a fluorescent lamp 

ballast, as measured under test 

conditions specified in American 

National Standards Institute (ANSI) 

standard C82.2–1984, or as may be 

prescribed by the Secretary of Energy. 

Copies of ANSI standard C82.2–1984 

may be obtained from the American 

National Standards Institute, 11 West 

42nd St., New York, NY 10036. 

(f) Base for lamps means the portion 

of the lamp which screws into the 

socket. 

(g) Bulb shape means the shape of the 

lamp, especially the glass portion. 

(h) Catalog means printed material, 

including material disseminated over 

the Internet, which contains the terms of 

sale, retail price, and instructions for 

ordering, from which a retail consumer 

can order a covered product. 

(i) Color rendering index or CRI for 

lamps means the measure of the degree 

of color shift objects undergo when 

illuminated by a light source as 

compared with the color of those same 

objects when illuminated by a reference 

source of comparable color temperature. 

(j) Commission means the Federal 

Trade Commission. 

(k) Consumer product means any 

article (other than an automobile, as 

‘‘automobile’’ is defined in 15 U.S.C. 

2001(1) [sec. 501(1) of the Motor Vehicle 

Information and Cost Savings Act]) of a 

type—

(1) Which in operation consumes, or 

is designed to consume, energy or, with 

respect to showerheads, faucets, water 

closets, and urinals, water; and 

(2) Which, to any significant extent, is 

distributed in commerce for personal 

use or consumption by individuals; 

without regard to whether such article 

or such type is in fact distributed in 

commerce for personal use or 

consumption by an individual, except 

that such term includes fluorescent 

lamp ballasts, general service 

fluorescent lamps, medium base 

compact fluorescent lamps, general 

service incandescent lamps (including 

incandescent reflector lamps), 

showerheads, faucets, water closets, and 

urinals distributed in commerce for 

personal or commercial use or 

consumption. 

(l) Consumer appliance product 

means any of the following consumer 

products, excluding those products 

designed solely for use in recreational 

vehicles and other mobile equipment: 

(1) Refrigerators, refrigerator-freezers, 

and freezers that can be operated by 

alternating current electricity, 

excluding—

(i) Any type designed to be used 

without doors; and 

(ii) Any type which does not include 

a compressor and condenser unit as an 

integral part of the cabinet assembly. 

(2) Dishwashers. 

(3) Water heaters. 

(4) Room air conditioners. 

(5) Clothes washers. 

(6) Clothes dryers. 

(7) Central air conditioners and 

central air conditioning heat pumps. 

(8) Furnaces. 

(9) Direct heating equipment. 

(10) Pool heaters. 

(11) Kitchen ranges and ovens. 

(12) Television sets. 

(13) Fluorescent lamp ballasts. 

(14) General service fluorescent 

lamps. 

(15) Medium base compact 

fluorescent lamps. 

(16) General service incandescent 

lamps, including incandescent reflector 

lamps. 

(17) Showerheads. 

(18) Faucets. 

(19) Water closets. 

(20) Urinals. 

(21) Any other type of consumer 

product that the Department of Energy 

classifies as a covered product under 

section 322(b) of the Act (42 U.S.C. 

6292). 

(m) Correlated color temperature for 

lamps means the absolute temperature 

of a blackbody whose chromaticity most 

nearly resembles that of the light source. 

(n) Covered product means any 

consumer product or consumer 

appliance product described in §305.3 

of this part. 

(o) Distributor means a person (other 

than a manufacturer or retailer) to 

whom a consumer appliance product is 

delivered or sold for purposes of 

distribution in commerce. 

(p) Energy efficiency rating means the 

following product-specific energy usage 

descriptors: annual fuel utilization 

efficiency (AFUE) for furnaces; energy 

efficiency ratio (EER) for room air 

conditioners; seasonal energy efficiency 

ratio (SEER) for the cooling function of 

central air conditioners and heat pumps; 

heating seasonal performance factor 

(HSPF) for the heating function of heat 

pumps; and, thermal efficiency (TE) for 

pool heaters, as these descriptors are 

determined in accordance with tests 

prescribed under section 323 of the Act 

(42 U.S.C. 6293). These product-specific 

energy usage descriptors shall be used 

in satisfying all the requirements of this 

part. 

(q) Estimated annual energy 

consumption and estimated annual 

operating cost—

(1) Estimated annual energy 

consumption means the energy or (for 

products described in sections 305.3(n)–

(q)) water that is likely to be consumed 

annually in representative use of a 

consumer product, as determined in 

accordance with tests prescribed under 

section 323 of the Act (42 U.S.C. 6293). 


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(i) Kilowatt-hour use per year, or 

kWh/yr., means estimated annual energy 

consumption expressed in kilowatthours of electricity. 

(ii) Therm use per year, or therms/yr., 

means estimated annual energy 

consumption expressed in therms of 

natural gas. 

(iii) Gallon use per year, or gallons/ 

yr., means estimated annual energy 

consumption expressed in gallons of 

propane or No. 2 heating oil. 

(2) Estimated annual operating cost 

means the aggregate retail cost of the 

energy that is likely to be consumed 

annually in representative use of a 

consumer product, as determined in 

accordance with tests prescribed under 

section 323 of the Act (42 U.S.C. 6293). 

(r) Flow restricting or controlling 

spout end device means an aerator used 

in a faucet. 

(s) Flushometer valve means a valve 

attached to a pressured water supply 

pipe and so designed that, when 

actuated, it opens the line for direct 

flow into the fixture at a rate and 

quantity to operate properly the fixture, 

and then gradually closes to provide 

trap reseal in the fixture in order to 

avoid water hammer. The pipe to which 

this device is connected is in itself of 

sufficient size that, when opened, will 

allow the device to deliver water at a 

sufficient rate of flow for flushing 

purposes. 

(t) IES means the Illuminating 

Engineering Society of North America 

and, as used herein, is the prefix for test 

procedures adopted by IES. 

(u) Lamp efficacy means the light 

output of a lamp divided by its wattage, 

expressed in lumens per watt (LPW). 

(v) Lamp type means all lamps 

designated as having the same electrical 

and lighting characteristics and made by 

one manufacturer. 

(w) Life and lifetime for lamps mean 

length of operating time of a statistically 

large group of lamps between first use 

and failure of 50 percent of the group. 

(x) Light output for lamps means the 

total luminous flux (power) of a lamp in 

lumens. 

(y) Luminaire means a complete 

lighting unit consisting of a fluorescent 

lamp or lamps, together with parts 

designed to distribute the light, to 

position and protect such lamps, and to 

connect such lamps to the power supply 

through the ballast. 

(z) Manufacturer means any person 

who manufactures, produces, 

assembles, or imports a consumer 

appliance product. Assembly operations 

which are solely decorative are not 

included. 

(aa) New covered product, as used in 

§ 305.4, means a covered product the 

title of which has not passed to a 

purchaser who buys the product for 

purposes other than resale or leasing for 

a period in excess of one year. 

(bb) Private labeler means an owner of 

a brand or trademark on the label of a 

consumer appliance product which 

bears a private label. 

(cc) Range of comparability means a 

group of models within a class of 

covered products, each model of which 

satisfies approximately the same 

consumer needs. 

(dd) Range of energy efficiency ratings 

means the range of energy efficiency 

ratings for all models within a 

designated range of comparability. 

(ee) Range of estimated annual energy 

cost means the range of estimated 

annual energy cost per year of all 

models within a designated range of 

comparability. 

(ff) Retailer means a person to whom 

a consumer appliance product is 

delivered or sold, if such delivery or 

sale is for purposes of sale or 

distribution in commerce to purchasers 

who buy such product for purposes 

other than resale. The term retailer 

includes purchasers of appliances who 

install such appliances in newly 

constructed or newly rehabilitated 

housing, or mobile homes, with the 

intent to sell the covered appliances as 

part of the sale of such housing or 

mobile homes. 

(gg) Water use means the quantity of 

water flowing through a showerhead, 

faucet, water closet, or urinal at point of 

use, determined in accordance with test 

procedures under section 323 of the Act, 

42 U.S.C. 6293. 

(hh) Wattage for lamps means the 

total electrical power consumed by a 

lamp in watts, after an initial seasoning 

period and including, for fluorescent 

lamps, arc watts plus cathode watts. 

■ 3. In § 305.3, paragraphs (a)(1), (d), 

and (r) are revised to read as follows: 

§ 305.3 Description of covered products. 

(a) * * * 

(1) Electric refrigerator means a 

cabinet designed for the refrigerated 

storage of food at temperatures above 

32° F and below 39° F, configured for 

general refrigerated food storage, and 

having a source of refrigeration 

requiring single phase, alternating 

current electric energy input only. An 

electric refrigerator may include a 

compartment for the freezing and 

storage of food at temperatures below 

32° F, but does not provide a separate 

low temperature compartment designed 

for the freezing and storage of food at 

temperatures below 8 °F. 

* * * * * 

(d) Water heater means a product 

which utilizes oil, gas, or electricity to 

heat potable water for use outside the 

heater upon demand, including—

(1) Storage type units which heat and 

store water at a thermostatically 

controlled temperature, including gas 

storage water heaters with an input of 

75,000 Btu per hour or less, oil storage 

water heaters with an input of 105,000 

Btu per hour or less, and electric storage 

water heaters with an input of 12 

kilowatts or less; 

(2) Instantaneous type units which 

heat water but contain no more than one 

gallon of water per 4,000 Btu per hour 

of input, including gas instantaneous 

water heaters with an input of 200,000 

Btu per hour or less, oil instantaneous 

water heaters with an input of 210,000 

Btu per hour or less, and electric 

instantaneous water heaters with an 

input of 12 kilowatts or less; and 

(3) Heat pump type units, with a 

maximum current rating of 24 amperes 

at a voltage no greater than 250 volts, 

which are products designed to transfer 

thermal energy from one temperature 

level to a higher temperature level for 

the purpose of heating water, including 

all ancillary equipment such as fans, 

storage tanks, pumps, or controls 

necessary for the device to perform its 

function. 

* * * * * 

(r) Pool heater means an appliance 

designed for heating nonpotable water 

contained at atmospheric pressure, 

including heating water in swimming 

pools, spas, hot tubs and similar 

applications. 

■ 4. In § 305.4, paragraphs (a)(1), (b)(5), 

and (c) are revised to read as follows: 

§ 305.4 Prohibited acts. 

(a) * * * 

(1) For any manufacturer or private 

labeler knowingly to distribute in 

commerce any new covered product 

unless such covered product is marked 

and/or labeled in accordance with this 

part with a marking, label, hang tag, or 

energy fact sheet which conforms to the 

provisions of the Act and this part. 

* * * * * 

(b) * * * 

(5) Distribute in commerce any 

catalog containing a listing for a covered 

product without the information 

required by § 305.20 of this part. This 

subsection shall also apply to 

distributors and retailers. 

(c) Pursuant to section 333(c) of the 

Act, it shall be an unfair or deceptive act 

or practice in violation of section 5(a)(1) 

of the Federal Trade Commission Act 

(15 U.S.C. 45(a)(1)) for any 

manufacturer, distributor, retailer, or 


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private labeler in or affecting commerce 

to display or distribute at point of sale 

any printed material applicable to a 

covered product under this rule if such 

printed material does not contain the 

information required by § 305.19. This 

requirement does not apply to any 

broadcast advertisement or to any 

advertisement in a newspaper, 

magazine, or other periodical. 

* * * * * 

■ 5. In § 305.5, paragraph (a) is revised 

to read as follows: 

§ 305.5 Determinations of estimated 

annual energy consumption, estimated 

annual operating cost, energy efficiency 

rating, and water use rate. 

(a) Procedures for determining the 

estimated annual energy consumption, 

the estimated annual operating costs, 

the energy efficiency ratings, and the 

efficacy factors of the following covered 

products are those located in 10 CFR 

part 430, subpart B. For the following 

list of covered products, the 

requirements of this part apply only to 

products for which the Department of 

Energy has adopted and published test 

procedures for measuring energy usage 

or efficiency. 

(1) Refrigerators and refrigeratorfreezers—§ 430.23(a). 

(2) Freezers—§ 430.23(b). 

(3) Dishwashers—§ 430.23(c). 

(4) Water heaters—§ 430.23(e). 

(5) Room air conditioners—

§ 430.23(f). 

(6) Clothes washers—§ 430.23(j). 

(7) Central air conditioners and heat 

pumps—§ 430.23(m). 

(8) Furnaces—§ 430.23(n). 

(9) Pool Heaters—§ 430.23(p) 

(10) Fluorescent lamp ballasts—

§ 430.23(q). 

* * * * * 

■ 6. Section 305.7 (a) and (b) are revised 

to read as follows: 

§ 305.7 Determinations of capacity. 

* * * * * 

(a) Refrigerators and refrigeratorfreezers. The capacity shall be the total 

refrigerated volume (VT) and the 

adjusted total volume (AV) in cubic feet, 

rounded to the nearest one-tenth of a 

cubic foot, as determined according to 

appendix A1 to 10 CFR part 430, 

subpart B. 

(b) Freezers. The capacity shall be the 

total refrigerated volume (VT) and the 

adjusted total volume (AV) in cubic feet, 

rounded to the nearest one-tenth of a 

cubic foot, as determined according to 

appendix B1 to 10 CFR part 430, subpart 

B. 

* * * * * 

■ 7. In § 305.8, paragraph (a)(1) is 

revised to read as follows: 

§ 305.8 Submission of data. 

(a)(1) Each manufacturer of a covered 

product (except manufacturers of 

fluorescent lamp ballasts, showerheads, 

faucets, water closets, urinals, general 

service fluorescent lamps, medium base 

compact fluorescent lamps, or general 

service incandescent lamps including 

incandescent reflector lamps) shall 

submit annually to the Commission a 

report listing the estimated annual 

energy consumption (for refrigerators, 

refrigerator-freezers, freezers, clothes 

washers, dishwashers, and water 

heaters) or the energy efficiency rating 

(for room air conditioners, central air 

conditioners, heat pumps, furnaces, and 

pool heaters) for each basic model in 

current production, determined 

according to § 305.5 and statistically 

verified according to § 305.6. The report 

must also list, for each basic model in 

current production: the brand name; the 

model numbers for each basic model; 

the total energy consumption, 

determined in accordance with § 305.5, 

used to calculate the estimated annual 

energy consumption or energy 

efficiency rating; the number of tests 

performed; and, its capacity, determined 

in accordance with § 305.7. For those 

models that use more than one energy 

source or more than one cycle, each 

separate amount of energy consumption, 

measured in accordance with § 305.5, 

shall be listed in the report. Starting 

serial numbers or other numbers 

identifying the date of manufacture of 

covered products shall be submitted 

whenever a new basic model is 

introduced on the market. 

* * * * * 

§ 305.9 [Removed] 

■ 8. Section 305.9 is removed and 

reserved. 

■ 9. Section 305.10 is revised to read as 

follows: 

§ 305.10 Ranges of comparability on the 

required labels. 

(a) Range of Estimated Annual 

Operating Costs or Energy Efficiency 

Ratings. The range of estimated annual 

operating costs or energy efficiency 

ratings for each covered product (except 

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 every five years 

beginning in 2012 in the Federal 

Register. 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 § 305.11 and disclosures as 

required by § 305.20 are listed in 

appendix K to this part. The 

Commission shall publish revised 

Representative Average Unit Energy 

Cost figures every five years beginning 

in 2012 in the Federal Register. 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) Operating Costs or Efficiency 

Ratings Outside Current Range. When 

the estimated annual operating cost or 

energy efficiency rating of a given model 

of a covered product falls outside the 

limits of the current range for that 

product, which could result from the 

introduction of a new or changed 

model, the manufacturer shall: 

(1) Omit placement of such product 

on the scale that appears as required by 

§§ 305.11 and 305.12 of this part, and 

(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 operating 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. 

■ 10. Section 305.11 is revised to read 

as follows: 

§ 305.11 Labeling for refrigerators, 

refrigerator-freezers, freezers, dishwashers, 

clothes washers, water heaters, room air 

conditioners, and pool heaters. 

(a) Layout. All energy labels for 

refrigerators, refrigerator-freezers, 

freezers, dishwashers, clothes washers, 

water heaters, pool heaters, and room 

air conditioners shall use one size, 

similar colors, and typefaces with 

consistent positioning of headline, copy, 

and charts to maintain uniformity for 

immediate consumer recognition and 

readability. Trim size dimensions for all 

labels shall be as follows: width must be 

between 5 1/4 inches and 5 1/2 inches 

(13.34 cm. and 13.97 cm.); length must 

be between 7 3/8 inches (18.78 cm.) and 

7 5/8 (19.34 cm.). Copy is to be set 

between 27 picas and 29 picas and copy 

page should be centered (right to left 

and top to bottom). Depth is variable but 

should follow closely the prototype 

labels appearing at the end of this part 

illustrating the basis layout. All 

positioning, spacing, type sizes, and line 

widths should be similar to and 


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consistent with the prototype and 

sample labels in appendix L. 

(b) Type style and setting. The Arial 

series typeface or equivalent shall be 

used exclusively on the label. Specific 

sizes and faces to be used are indicated 

on the prototype labels. No hyphenation 

should be used in setting headline or 

copy text. Positioning and spacing 

should follow the prototypes closely. 

Generally, text must be set flush left 

with two points leading except where 

otherwise indicated. See the prototype 

labels for specific directions. 

(c) Colors. The basic colors of all 

labels covered by this section shall be 

process yellow or equivalent and 

process black. The label shall be printed 

full bleed process yellow. All type and 

graphics shall be print process black. 

(d) Label Types—The labels must be 

affixed to the product in the form of an 

adhesive label or a hang tag as follows: 

(1) Adhesive labels. All adhesive 

labels should be applied so they can be 

easily removed without the use of tools 

or liquids, other than water, but should 

be applied with an adhesive with an 

adhesion capacity sufficient to prevent 

their dislodgment during normal 

handling throughout the chain of 

distribution to the retailer or consumer. 

The paper stock for pressure-sensitive or 

other adhesive labels shall have a basic 

weight of not less than 58 pounds per 

500 sheets (25‘‘x38’’) or equivalent, 

exclusive of the release liner and 

adhesive. A minimum peel adhesion 

capacity for the adhesive of 12 ounces 

per square inch is suggested, but not 

required if the adhesive can otherwise 

meet the above standard. 

(2) Hang tags. Labels may be affixed 

to the product in the form of a hang tag 

using string or similar material. The 

paper stock for hang tags shall have a 

basic weight of not less than 110 pounds 

per 500 sheets (25 1/2‘‘x30 1/2’’; index). 

When materials are used to attach the 

hang tags to appliance products, the 

materials shall be of sufficient strength 

to insure that if gradual pressure is 

applied to the hang tag by pulling it 

away from where it is affixed to the 

product, the hang tag will tear before the 

material used to affix the hang tag to the 

product breaks. 

(e) Placement. 

(1) Adhesive labels: Manufacturers 

shall affix adhesive labels to the covered 

products in such a position that it is 

easily read by a consumer examining 

the product. The label should be 

generally located on the upper-rightfront corner of the product’s front 

exterior. However, some other 

prominent location may be used as long 

as the label will not become dislodged 

during normal handling throughout the 

chain of distribution to the retailer or 

consumer. The top of the label should 

not exceed 74 inches from the base of 

taller products. The label can be 

displayed in the form of a flap tag 

adhered to the top of the appliance and 

bent (folded at 90°) to hang over the 

front, as long as this can be done with 

assurance that it will be readily visible. 

(2) Hang tags. A hang tag shall be 

affixed to the interior of the product in 

such a position that it can be easily read 

by a consumer examining the product. 

A hang tag can be affixed in any 

position that meets this requirement as 

long as the label will not become 

dislodged during normal handling 

throughout the chain of distribution to 

the retailer or consumer. 

(f) Label Content—(1) Headlines and 

texts, as illustrated in the prototype and 

sample labels in appendix L to this part. 

(2) Name of manufacturer or private 

labeler shall, in the case of a 

corporation, be deemed to be satisfied 

only by the actual corporate name, 

which may be preceded or followed by 

the name of the particular division of 

the corporation. In the case of an 

individual, partnership, or association, 

the name under which the business is 

conducted shall be used. Inclusion of 

the name of the manufacturer or private 

labeler is optional at the discretion of 

the manufacturer or private labeler. 

(3) Model number(s) will be the 

designation given by the manufacturer 

or private labeler. 

(4) Capacity or size is that determined 

in accordance with § 305.7. For 

refrigerators, refrigerator-freezers, and 

freezers, the capacity provided on the 

label shall be the model’s total 

refrigerated volume (VT) as determined 

in accordance § 305.7. 

(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 

§ 305.5 and appendix K to this part. 

Thermal efficiencies for pool heaters are 

as determined in accordance with 

§ 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. 

(6) Ranges of comparability for 

estimated annual operating costs or 

thermal efficiencies, as applicable, are 

found in the appropriate appendices 

accompanying this part. 

(7) Placement of the labeled product 

on the scale shall be proportionate to 

the lowest and highest estimated annual 

operating costs or thermal efficiencies, 

as applicable. 

(8) Labels for refrigerators, 

refrigerator-freezers, freezers, 

dishwashers, clothes washers, and water 

heaters must contain the model’s 

estimated annual energy consumption 

as determined in accordance with 

§ 305.5 and as indicated on the sample 

labels in appendix L. Labels for room air 

conditioners and pool heaters must 

contain the model’s energy efficiency 

rating or thermal efficiency, as 

applicable, as determined in accordance 

with § 305.5 and as indicated on 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, refrigeratorfreezers, 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 

§ 305.11(f)(9)((ii)]. 

Estimated operating cost is based on a 

[Year] national average electricity cost of ___ 

cents per kWh. 

For more information, visit www.ftc.gov/ 

appliances. 

(ii) For refrigerators, refrigeratorfreezers, and freezers, the following 

sentence shall be included as part of the 

statement required by § 305.11(f)(10)(i): 

(A) For models covered under 

appendix A1, the sentence shall read: 

Cost range based only on refrigerator 

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, sidemounted freezer, and without through-thedoor ice. 

(F) For models covered under 

appendix A6, the sentence shall read: 

Cost range based only on models of similar 

capacity with automatic defrost, bottommounted freezer, and without through-thedoor 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. 


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(H) For models covered under 

appendix A8, the sentence shall read: 

Cost range based only on models of similar 

capacity with automatic defrost, sidemounted 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, 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. 

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 operating cost is based on a 

[Year] national average electricity cost of ___ 

cents per kWh. 

For more information, visit www.ftc.gov/ 

appliances. 

(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 operating cost is based on a 

[Year] 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/ 

appliances. 

(v) For instantaneous gas water 

heaters (appendix D4) 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 

operating cost is based on a [Year] national 

average [electricity, natural gas, or propane] 

cost of [___ cents per kWh or $___ per therm 

or gallon]. 

For more information, visit www.ftc.gov/ 

appliances. 

(vi) For clothes washers and 

dishwashers, the statement will read as 

follows (fill in the blanks with the 

appropriate appliance type, the 

operating 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 operating cost is based on [4 

washloads a week for dishwashers, or 8 

washloads a week for clothes washers] and 

a [Year] national average electricity cost of 

___ cents per kWh and natural gas cost of 

$___ per therm. 

For more information, visit www.ftc.gov/ 

appliances. 

(vii) For pool heaters, 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/ 

appliances. 

(11) The following statement shall 

appear on each label as illustrated in the 

prototype and sample labels in 

appendix L: 

Federal law prohibits removal of this label 

before consumer purchase. 

(12) 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 may include 

the ENERGY STAR logo on the bottom 

right corner of the label for qualified 

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 qualifying 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. 

■ 11. Section 305.12 is revised to read 

as follows: 

§ 305.12 Labeling for Central Air 

Conditioners, Heat Pumps, and Furnaces. 

(a) Layout. All energy labels for 

central air conditioners, heat pumps, 

and furnaces (including boilers) shall 

use one size, similar colors, and 

typefaces with consistent positioning of 

headline, copy, and charts to maintain 

uniformity for immediate consumer 

recognition and readability. Trim size 

dimensions for all labels shall be as 

follows: width must be between 5 1/4 

inches and 5 1/2 inches (13.34 cm. and 

13.97 cm.); length must be between 7 3/ 

8 inches (18.78 cm.) and 7 5/8 (19.34 

cm.). Copy is to be set between 27 picas 

and 29 picas and copy page should be 

centered (right to left and top to 

bottom). Depth is variable but should 

follow closely the prototype labels 

appearing at the end of this part 

illustrating the basic layout. All 

positioning, spacing, type sizes, and line 

widths should be similar to and 

consistent with the prototype and 

sample labels in appendix L. 

(b) Type style and setting. The Arial 

series typeface or equivalent shall be 

used exclusively on the label. Specific 

sizes and faces to be used are indicated 

on the prototype labels. No hyphenation 

should be used in setting headline or 

copy text. Positioning and spacing 

should follow the prototypes closely. 

Generally, text must be set flush left 

with two points leading except where 

otherwise indicated. See the prototype 

labels for specific directions. 

(c) Colors. The basic colors of all 

labels covered by this section shall be 

process yellow or equivalent and 

process black. The label shall be printed 

full bleed process yellow. All type and 

graphics shall be print process black. 

(d) Label Type. The labels must be 

affixed to the product in the form of an 

adhesive label. 

All adhesive labels should be applied 

so they can be easily removed without 

the use of tools or liquids, other than 

water, but should be applied with an 

adhesive with an adhesion capacity 

sufficient to prevent their dislodgment 

during normal handling throughout the 

chain of distribution to the retailer or 

consumer. The paper stock for pressuresensitive or other adhesive labels shall 

have a basic weight of not less than 58 

pounds per 500 sheets (25‘‘x38’’) or 

equivalent, exclusive of the release liner 

and adhesive. A minimum peel 

adhesion capacity for the adhesive of 12 

ounces per square inch is suggested, but 

not required if the adhesive can 

otherwise meet the above standard. 

(e) Placement. Manufacturers shall 

affix adhesive labels to the covered 

products in such a position that it is 

easily read by a consumer examining 

the product. The label should be 

generally located on the upper-rightfront corner of the product’s front 

exterior. However, some other 

prominent location may be used as long 

as the label will not become dislodged 

during normal handling throughout the 

chain of distribution to the retailer or 


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consumer. The top of the label should 

not exceed 74 inches from the base of 

taller products. The label can be 

displayed in the form of a flap tag 

adhered to the top of the appliance and 

bent (folded at 90°) to hang over the 

front, as long as this can be done with 

assurance that it will be readily visible. 

Labels for split system central air 

conditioners shall be affixed to the 

condensing unit. 

(f) Content of Labels for furnaces. (1) 

Headlines and texts, as illustrated in the 

prototype and sample labels in 

appendix L to this part. 

(2) Name of manufacturer or private 

labeler shall, in the case of a 

corporation, be deemed to be satisfied 

only by the actual corporate name, 

which may be preceded or followed by 

the name of the particular division of 

the corporation. In the case of an 

individual, partnership, or association, 

the name under which the business is 

conducted shall be used. Inclusion of 

the name of the manufacturer or private 

labeler is optional at the discretion of 

the manufacturer or private labeler. 

(3) The annual fuel utilization 

efficiency for furnaces is determined in 

accordance with §305.5. 

(4) Ranges of comparability consisting 

of the lowest and highest annual fuel 

utilization efficiencies (AFUE) (for 

furnaces) for all furnaces that utilize the 

same energy source as indicated in the 

appendices to this part. 

(5) Placement of the labeled product 

on the scale shall be proportionate to 

the lowest and highest annual fuel 

utilization efficiency ratings forming the 

scale. 

(6) The following statement shall 

appear on furnace labels beneath the 

range(s) as illustrated in the sample 

labels in appendix L. Fill in the blanks 

with the appropriate product 

subcategory listed in brackets: 

Efficiency range based only on [natural gas 

furnaces; electric furnaces; oil furnaces; 

mobile home furnaces; gas (except steam) 

boilers; gas (steam) boilers; oil boilers; or 

electric boilers]. 

For more information, visit www.ftc.gov/ 

appliances. 

(7) The following statement shall 

appear at the top of the label as 

illustrated as illustrated in the sample 

labels in appendix L: 

Federal law prohibits removal of this label 

before consumer purchase. 

(8) 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 may include 

the ENERGY STAR logo on the bottom 

right corner of the label for qualified 

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 qualifying 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. 

(9) Manufacturers of boilers shipped 

with more than one input nozzle to be 

installed in the field must label such 

boilers with the AFUE of the system 

when it is set up with the nozzle that 

results in the lowest annual fuel 

utilization efficiency rating. 

(10) Manufacturers that ship out 

boilers that may be set up as either 

steam or hot water units must label the 

boilers with the AFUE rating derived by 

conducting the required test on the 

boiler as a hot water unit. 

(g) Content of Labels for central air 

conditioners and heat pumps. (1) 

Headlines and texts, as illustrated in the 

prototype and sample labels in 

appendix L to this part. 

(2) Name of manufacturer or private 

labeler shall, in the case of a 

corporation, be deemed to be satisfied 

only by the actual corporate name, 

which may be preceded or followed by 

the name of the particular division of 

the corporation. In the case of an 

individual, partnership, or association, 

the name under which the business is 

conducted shall be used. Inclusion of 

the name of the manufacturer or private 

labeler is optional at the discretion of 

the manufacturer or private labeler. 

(3) The seasonal energy efficiency 

ratio for the cooling function of central 

air conditioners is determined in 

accordance with §305.5. For the heating 

function, the heating seasonal 

performance factor shall be calculated 

for heating Region IV for the 

standardized design heating 

requirement nearest the capacity 

measured in the High Temperature Test 

in accordance with §305.5. In addition, 

the energy efficiency rating(s) for split 

system condenser-evaporator coil 

combinations shall be either: 

(i) The energy efficiency rating of the 

condenser-evaporator coil combination 

that is the particular manufacturer’s 

most commonly sold combination for 

that condenser model; or 

(ii) The energy efficiency rating of the 

actual condenser-evaporator coil 

combination comprising the system to 

which the label is to be attached. 

(4)(i) Each cooling only central air 

conditioner label shall contain a range 

of comparability consisting of the lowest 

and highest seasonal energy efficiency 

ratios for all cooling only central air 

conditioners. 

(ii) Each heat pump label, except as 

noted in paragraph (g)(4)(iii) of this 

section, shall contain two ranges of 

comparability. The first range shall 

consist of the lowest and highest 

seasonal energy efficiency ratios for the 

cooling side of all heat pumps. The 

second range shall consist of the lowest 

and highest heating seasonal 

performance factors for the heating side 

of all heat pumps. 

(iii) Each heating only heat pump 

label shall contain a range of 

comparability consisting of the lowest 

and highest heating seasonal 

performance factors for all heating only 

heat pumps. 

(5) Placement of the labeled product 

on the scale shall be proportionate to 

the lowest and highest efficiency ratings 

forming the scale. 

(6) The following statement shall 

appear on the label beneath the range(s) 

in bold print (fill in the blank the 

appropriate unit type): 

Efficiency range based only on [single 

package units or split system units]. 

[Insert statement required by 305.12(g)(7) if 

applicable]. 

For more information, visit www.ftc.gov/ 

appliances. 

(7) All labels on split system 

condenser units disclosing energy 

efficiency ratings for the ‘‘most 

common’’ condenser-evaporator coil 

combinations must contain one of the 

following three statements: 

(i) For labels disclosing the seasonal 

energy efficiency ratio for cooling, the 

statement should read: 

This energy efficiency rating is based on 

U.S. Government standard tests of this 

condenser model combined with the most 

common coil. The rating may vary slightly 

with different coils. 

(ii) For labels disclosing both the 

seasonal energy efficiency ratio for 

cooling and the heating seasonal 

performance factor for heating, the 

statement should read: 

This energy efficiency rating is based on 

U.S. Government standard tests of this 

condenser model combined with the most 

common coil. The rating will vary slightly 

with different coils and in different 

geographic regions. 


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(iii) For labels disclosing the heating 

seasonal performance factor for heating, 

the statement should read: 

This energy efficiency rating is based on 

U.S. Government standard tests of this 

condenser model combined with the most 

common coil. The rating will vary slightly 

with different coils and in different 

geographic regions. 

Central air conditioner labels 

disclosing the efficiency ratings for 

specific condenser/coil combinations do 

not have to contain any of the above 

three statements. 

(8) The following statement shall 

appear at the top of the label as 

illustrated in the sample labels in 

appendix L: 

Federal law prohibits removal of this label 

before consumer purchase. 

(9) 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 may include 

the ENERGY STAR logo on the bottom 

right corner of the label for qualified 

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 qualifying 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. 

§§ 305.13, 305.14, 305.15, 305.16, 305.17, 

305.18, and 305.19 [Redesignated as 

§§ 305.19, 305.20, 305.21, 305.22, 305.23, 

305.24, and 305.25] 

■ 12. Sections 305.13, 305.14, 305.15, 

305.16, 305.17, 305.18, and 305.19 are 

redesignated as sections 305.19, 305.20, 

305.21, 305.22, 305.23, 305.24, and 

305.25 respectively. 

§ 305.13 [Reserved] 

■ 13. Section 305.13 is reserved. 

■ 14. Section 305.14 is added to read as 

follows: 

§ 305.14 Energy Information Disclosures 

for Heating and Cooling Equipment. 

(a) Required Information: 

Manufacturers and private labelers of 

central air conditioners, heat pumps, 

and furnaces (including boilers) must 

provide energy information about the 

equipment they sell to distributors and 

retailers, including contractors. This 

information can be provided through 

means such as fact sheets, product 

brochures, and directories. All required 

information must be disclosed clearly 

and conspicuously. The information 

must include: 

(1) Name of manufacturer or private 

labeler which, in the case of a 

corporation, shall be deemed to be 

satisfied only by the actual corporate 

name, which may be preceded or 

followed by the name of the particular 

division of the corporation. In the case 

of an individual, partnership, or 

association, the name under which the 

business is conducted shall be used; 

(2) Trade name (if different from 

manufacturer); 

(3) Model number(s) given by the 

manufacturer or private labeler; 

(4) Capacity or size as determined in 

accordance with § 305.7; 

(5) Energy efficiency rating as 

determined in accordance with § 305.5. 

The energy efficiency rating(s) for split 

system condenser-evaporator coil 

combinations shall be either: 

(i) The energy efficiency rating of the 

actual condenser-evaporator coil 

combination comprising the listed split 

system; or 

(ii) The energy efficiency rating of the 

condenser-evaporator coil combination 

that is the particular manufacturer’s 

most commonly sold combination for 

that condenser model. 

(6) Ranges of comparability and of 

energy efficiency ratings found in the 

appropriate appendices accompanying 

this part. 

(7) A statement that the energy 

efficiency ratings are based on U.S. 

Government standard tests. 

(8) If the ‘‘most common’’ condenserevaporator coil combinations are given 

for central air conditioners and heat 

pump efficiency ratings pursuant to 

§ 305.14(a)(5)(ii), the statement required 

by § 305.14(a)(7) as follows: 

(i) For information disclosing the 

seasonal energy efficiency ratio for 

cooling, the statement should read: 

This energy rating is based on U.S. 

Government standard tests of this condenser 

model combined with the most common coil. 

The rating may vary slightly with different 

coils. 

(ii) For information disclosing both 

the seasonal energy efficiency ratio for 

cooling and the heating seasonal 

performance factor for heating, the 

statement should read: 

This energy rating is based on U.S. 

Government standard tests of this condenser 

model combined with the most common coil. 

The rating will vary slightly with different 

coils and in different geographic regions. 

(iii) For information disclosing the 

heating seasonal performance factor for 

heating, the statement should read: 

This energy rating is based on U.S. 

Government standard tests of this condenser 

model combined with the most common coil. 

The rating will vary slightly with different 

coils and in different geographic regions. 

(9) For central air conditioners 

disclosing the efficiency ratings for 

specific condenser/coil combinations 

pursuant to § 305.14(a)(5)(i), a general 

disclosure that the efficiency ratings are 

based on U.S. Government tests. 

(b) Distribution. (1) Manufacturers 

and private labelers must give 

distributors and retailers, including 

assemblers, the information specified 

under § 305.14(a) for the central air 

conditioners, heat pumps, and furnaces 

(including boilers) they sell to them. 

This information may be provided in 

paper or electronic form (including 

Internet-based access). Distributors must 

give this information to retailers, 

including assemblers, they supply. 

(2) Retailers, including assemblers, 

who sell central air conditioners, heat 

pumps, and furnaces (including boilers) 

to consumers must make the 

information specified under § 305.14(a) 

available to customers in any manner, as 

long as customers are likely to notice it. 

For example, it may be available in a 

display, where customers can take 

copies of them. It may be kept in a 

binder or made available electronically 

at a counter or service desk, with a sign 

telling customers where the required 

information is. 

(3) Retailers, including assemblers, 

who negotiate or make sales at a place 

other than their regular places of 

business must show the required 

information to their customers and let 

them read the information before they 

agree to purchase the product. If the 

information is Internet-based, retailers, 

including assemblers, who negotiate or 

make sales at a place other than their 

regular places of business, may choose 

to provide customers with instructions 

to access such information in lieu of 

showing them a paper version of the 

information. Retailers who choose to 

use the Internet for the required 

information, must let customers read 

such information before the customers 

agree to purchase the product. 

■ 15. Section 305.15 is added to read as 

follows: 


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§ 305.15 Labeling for Lighting Products. 

(a) Fluorescent Lamp Ballasts and 

Luminaires—(1) Contents. Fluorescent 

lamp ballasts that are ‘‘covered 

products,’’ as defined in §305.2(n), and 

to which standards are applicable under 

section 325 of the Act, shall be marked 

conspicuously, in color-contrasting ink, 

with a capital letter ‘‘E’’ printed within 

a circle. Packaging for such fluorescent 

lamp ballasts, as well as packaging for 

luminaires into which they are 

incorporated, shall also be marked 

conspicuously with a capital letter ‘‘E’’

printed within a circle. For purposes of 

this section, the encircled capital letter 

‘‘E’’ will be deemed ‘‘conspicuous,’’ in 

terms of size, if it is as large as either 

the manufacturer’s name or another 

logo, such as the ‘‘UL,’’ ‘‘CBM’’ or 

‘‘ETL’’ logos, whichever is larger, that 

appears on the fluorescent lamp ballast, 

the packaging for such ballast or the 

packaging for the luminaire into which 

the covered ballast is incorporated, 

whichever is applicable for purpose of 

labeling. 

(2) Product Labeling. The encircled 

capital letter ‘‘E’’ on fluorescent lamp 

ballasts must appear conspicuously, in 

color-contrasting ink, (i.e., in a color 

that contrasts with the background on 

which the encircled capital letter ‘‘E’’ is 

placed) on the surface that is normally 

labeled. It may be printed on the label 

that normally appears on the fluorescent 

lamp ballast, printed on a separate label, 

or stamped indelibly on the surface of 

the fluorescent lamp ballast. 

(3) Package Labeling. For purposes of 

labeling under this section, packaging 

for such fluorescent lamp ballasts and 

the luminaires into which they are 

incorporated consists of the plastic 

sheeting, or ‘‘shrink-wrap,’’ covering 

pallet loads of fluorescent lamp ballasts 

or luminaires as well as any containers 

in which such fluorescent lamp ballasts 

or the luminaires into which they are 

incorporated are marketed individually 

or in small numbers. The encircled 

capital letter ‘‘E’’ on packages 

containing fluorescent lamp ballasts or 

the luminaires into which they are 

incorporated must appear 

conspicuously, in color-contrasting ink, 

on the surface of the package on which 

printing or a label normally appears. If 

the package contains printing on more 

than one surface, the label must appear 

on the surface on which the product 

inside the package is described. The 

encircled capital letter ‘‘E’’ may be 

printed on the surface of the package, 

printed on a label containing other 

information, printed on a separate label, 

or indelibly stamped on the surface of 

the package. In the case of pallet loads 

containing fluorescent lamp ballasts or 

the luminaires into which they are 

incorporated, the encircled capital letter 

‘‘E’’ must appear conspicuously, in 

color-contrasting ink, on the plastic 

sheeting, unless clear plastic sheeting is 

used and the encircled capital letter ‘‘E’’

is legible underneath this packaging. 

The encircled capital letter ‘‘E’’ must 

also appear conspicuously on any 

documentation that would normally 

accompany such a pallet load. The 

encircled capital letter ‘‘E’’ may appear 

on a label affixed to the sheeting or may 

be indelibly stamped on the sheeting. It 

may be printed on the documentation, 

printed on a separate label that is 

affixed to the documentation or 

indelibly stamped on the 

documentation. 

(b) Lamps—(1)(i) Any covered 

product that is a compact fluorescent 

lamp or general service incandescent 

lamp (including an incandescent 

reflector lamp) shall be labeled clearly 

and conspicuously on the product’s 

principal display panel with the 

following information: 

(A) The number of lamps included in 

the package, if more than one; 

(B) The design voltage of each lamp 

included in the package, if other than 

120 volts; 

(C) The light output of each lamp 

included in the package, expressed in 

average initial lumens; 

(D) The electrical power consumed 

(energy used) by each lamp included in 

the package, expressed in average initial 

wattage; 

(E) The life of each lamp included in 

the package, expressed in hours. 

(ii) The light output, energy usage and 

life ratings of any covered product that 

is a medium base compact fluorescent 

lamp or general service incandescent 

lamp (including an incandescent 

reflector lamp), shall appear in that 

order and with equal clarity and 

conspicuousness on the product’s 

principal display panel. The light 

output, energy usage and life ratings 

shall be disclosed in terms of ‘‘lumens,’’

‘‘watts’’ and ‘‘hours’’ respectively, with 

the lumens, watts and hours rating 

numbers each appearing in the same 

type style and size and with the words 

‘‘lumens,’’ ‘‘watts’’ and ‘‘hours’’ each 

appearing in the same type style and 

size. The words ‘‘light output,’’ ‘‘energy 

used’’ and ‘‘life’’ shall precede and have 

the same conspicuousness as both the 

rating numbers and the words 

‘‘lumens,’’ ‘‘watts’’ and ‘‘hours,’’ except 

that the letters of the words ‘‘lumens,’’

‘‘watts’’ and ‘‘hours’’ shall be 

approximately 50% of the sizes of those 

used for the words ‘‘light output,’’

‘‘energy used’’ and ‘‘life’’ respectively. 

(iii) The light output, energy usage 

and life ratings of any covered product 

that is a medium base compact 

fluorescent lamp or general service 

incandescent lamp (including an 

incandescent reflector lamp), shall be 

measured at 120 volts, regardless of the 

lamp’s design voltage. If a lamp’s design 

voltage is 125 volts or 130 volts, the 

disclosures of the wattage, light output 

and life ratings shall in each instance 

be: 

(A) At 120 volts and followed by the 

phrase ‘‘at 120 volts.’’ In such case, the 

labels for such lamps also may disclose 

the lamp’s wattage, light output and life 

at the design voltage (e.g., ‘‘Light Output 

1710 Lumens at 125 volts’’); or 

(B) At the design voltage and followed 

by the phrase ‘‘at (125 volts/130 volts)’’

if the ratings at 120 volts are disclosed 

clearly and conspicuously on another 

panel of the package, and if all panels 

of the package that contain a claimed 

light output, wattage or life clearly and 

conspicuously identify the lamp as 

‘‘(125 volt/130 volt),’’ and if the 

principal display panel clearly and 

conspicuously discloses the following 

statement: 

This product is designed for (125/130) 

volts. When used on the normal line voltage 

of 120 volts, the light output and energy 

efficiency are noticeably reduced. See (side/ 

back) panel for 120 volt ratings. 

(iv) For any covered product that is an 

incandescent reflector lamp, the 

required disclosure of light output shall 

be given for the lamp’s total forward 

lumens. 

(v) For any covered product that is a 

compact fluorescent lamp, the required 

light output disclosure shall be 

measured at a base-up position; but, if 

the manufacturer or private labeler has 

reason to believe that the light output at 

a base-down position would be more 

than 5% different, the label also shall 

disclose the light output at the basedown position or, if no test data for the 

base-down position exist, the fact that at 

a base-down position the light output 

might be more than 5% less. 

(vi) For any covered product that is a 

compact fluorescent lamp or a general 

service incandescent lamp (including an 

incandescent reflector lamp), there shall 

be clearly and conspicuously disclosed 

on the principal display panel the 

following statement: 

To save energy costs, find the bulbs with 

the (beam spread and) light output you need, 

then choose the one with the lowest watts.’’

(vii) For any covered product that is 

a general service incandescent lamp and 

operates with multiple filaments, the 

principal display panel shall disclose 

clearly and conspicuously, in the 

manner required by paragraph (b)(1)(i)—


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(iii) and (vi) of this section, the lamp’s 

wattage and light output at each of the 

lamp’s levels of light output and the 

lamp’s life measured on the basis of the 

filament that fails first. 

(2) Any covered product that is a 

general service fluorescent lamp or an 

incandescent reflector lamp shall be 

labeled clearly and conspicuously with 

a capital letter ‘‘E’’ printed within a 

circle and followed by an asterisk. The 

label shall also clearly and 

conspicuously disclose, either in close 

proximity to that asterisk or elsewhere 

on the label, the following statement: 

*[The encircled ‘‘E’’] means this bulb 

meets Federal minimum efficiency standards. 

(i) If the statement is not disclosed on 

the principal display panel, the asterisk 

shall be followed by the following 

statement: 

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

(ii) For purposes of this paragraph (b), 

the encircled capital letter ‘‘E’’ shall be 

clearly and conspicuously disclosed in 

color-contrasting ink on the label of any 

covered product that is a general service 

fluorescent lamp and will be deemed 

‘‘conspicuous,’’ in terms of size, if it 

appears in typeface at least as large as 

either the manufacturer’s name or logo 

or another logo disclosed on the label, 

such as the ‘‘UL’’ or ‘‘ETL’’ logos, 

whichever is larger. 

(3)(i) A manufacturer or private 

labeler who distributes general service 

fluorescent lamps, compact fluorescent 

lamps, or general service incandescent 

lamps (including incandescent reflector 

lamps) without labels attached to the 

lamps or without labels on individual 

retail-sale packaging for one or more 

lamps may meet the disclosure 

requirements of paragraphs (b)(1) and 

(b)(2) of this section by making the 

required disclosures, in the manner and 

form required by those paragraphs, on 

the bulk shipping cartons that are to be 

used to display the lamps for retail sale. 

(ii) Instead of labeling any covered 

product that is a general service 

fluorescent lamp with the encircled ‘‘E’’

and with the statement described in 

paragraph (b)(2) of this section, a 

manufacturer or private labeler who 

would not otherwise put a label on such 

a lamp may meet the disclosure 

requirements of that paragraph by 

permanently marking the lamp clearly 

and conspicuously with the encircled 

‘‘E’’. 

(4) Any manufacturer or private 

labeler who makes any representation 

on a label of any covered product that 

is a general service fluorescent lamp, 

medium base compact fluorescent lamp, 

or general service incandescent lamp 

(including an incandescent reflector 

lamp), regarding the cost of operation of 

such lamp shall clearly and 

conspicuously disclose in close 

proximity to such representation the 

assumptions upon which it is based, 

including, e.g., purchase price, unit cost 

of electricity, hours of use, patterns of 

use. 

(5) Any cartons in which any covered 

products that are general service 

fluorescent lamps, medium base 

compact fluorescent lamps, or general 

service incandescent lamps (including 

incandescent reflector lamps), are 

shipped within the United States or 

imported into the United States shall 

disclose clearly and conspicuously the 

following statement: 

These lamps comply with Federal energy 

efficiency labeling requirements. 

■ 16. Section 305.16 is added to read as 

follows: 

§ 305.16 Labeling and Marking for 

Plumbing Products. 

(a) Showerheads and Faucets. 

Showerheads and faucets shall be 

marked and labeled as follows: 

(1) Each showerhead and flow 

restricting or controlling spout end 

device shall bear a permanent legible 

marking indicating the flow rate, 

expressed in gallons per minute (gpm) 

or gallons per cycle (gpc), and the flow 

rate value shall be the actual flow rate 

or the maximum flow rate specified by 

the standards established in subsection 

(j) of section 325 of the Act, 42 U.S.C. 

6295(j). Except where impractical due to 

the size of the fitting, each flow rate 

disclosure shall also be given in liters 

per minute (L/min) or liters per cycle 

(L/cycle). For purposes of this section, 

the marking indicating the flow rate will 

be deemed ‘‘legible,’’ in terms of 

placement, if it is located in close 

proximity to the manufacturer’s 

identification marking. 

(2) Each showerhead and faucet shall 

bear a permanent legible marking to 

identify the manufacturer. This marking 

shall be the trade name, trademark, or 

other mark known to identify the 

manufacturer. Such marking shall be 

located where it can be seen after 

installation. 

(3) Each showerhead and faucet shall 

be marked ‘‘A112.18.1M’’ to 

demonstrate compliance with the 

applicable ASME standard. The marking 

shall be by means of either a permanent 

mark on the product, a label on the 

product, or a tag attached to the 

product. 

(4) The package for each showerhead 

and faucet shall disclose the 

manufacturer’s name and the model 

number. 

(5) The package or any label attached 

to the package for each showerhead or 

faucet shall contain at least the 

following: ‘‘A112.18.1M’’ and the flow 

rate expressed in gallons per minute 

(gpm) or gallons per cycle (gpc), and the 

flow rate value shall be the actual flow 

rate or the maximum flow rate specified 

by the standards established in 

subsection (j) of section 325 of the Act, 

42 U.S.C. 6295(j). Each flow rate 

disclosure shall also be given in liters 

per minute (L/min) or liters per cycle 

(L/cycle). 

(b) Water Closets and Urinals. Water 

closets and urinals shall be marked and 

labeled as follows: 

(1) Each such fixture (and flushometer 

valve associated with such fixture) shall 

bear a permanent legible marking 

indicating the flow rate, expressed in 

gallons per flush (gpf), and the water 

use value shall be the actual water use 

or the maximum water use specified by 

the standards established in subsection 

(k) of section 325 of the Act, 42 U.S.C. 

6295(k). Except where impractical due 

to the size of the fixture, each flow rate 

disclosure shall also be given in liters 

per flush (Lpf). For purposes of this 

section, the marking indicating the flow 

rate will be deemed ‘‘legible,’’ in terms 

of placement, if it is located in close 

proximity to the manufacturer’s 

identification marking. 

(2) Each water closet (and each 

component of the water closet if the 

fixture is comprised of two or more 

components) and urinal shall be marked 

with the manufacturer’s name or 

trademark or, in the case of private 

labeling, the name or registered 

trademark of the customer for whom the 

unit was manufactured. This mark shall 

be legible, readily identified, and 

applied so as to be permanent. The mark 

shall be located so as to be visible after 

the fixture is installed, except for 

fixtures built into or for a counter or 

cabinet. 

(3) Each water closet (and each 

component of the water closet if the 

fixture is comprised of two or more 

components) and urinal shall be marked 

at a location determined by the 

manufacturer with the designation 

‘‘ASME A112.19.2M’’ to signify 

compliance with the applicable 

standard. This mark need not be 

permanent, but shall be visible after 

installation. 

(4) The package, and any labeling 

attached to the package, for each water 

closet and urinal shall disclose the flow 

rate, expressed in gallons per flush (gpf), 

and the water use value shall be the 

actual water use or the maximum water 

use specified by the standards 

established in subsection (k) of section 

325 of the Act, 42 U.S.C. 6295(k). Each 


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49974 Federal Register / Vol. 72, No. 167 / Wednesday, August 29, 2007 / Rules and Regulations 

flow rate disclosure shall also be given 

in liters per flush (Lpf). 

(5) With respect to any gravity tanktype white 2-piece toilet offered for sale 

or sold before January 1, 1997, which 

has a water use greater than 1.6 gallons 

per flush (gpf), any printed matter 

distributed or displayed in connection 

with such product (including packaging 

and point-of-sale material, catalog 

material, and print advertising) shall 

include, in a conspicuous manner, the 

words ‘‘For Commercial Use Only.’’

(c) Annual Operating Cost Claims for 

Covered Plumbing Products. Until such 

time as the Commission has prescribed 

a format and manner of display for 

labels conveying estimated annual 

operating costs of covered showerheads, 

faucets, water closets, and urinals or 

ranges of estimated annual operating 

costs for the types or classes of such 

plumbing products, the Act prohibits 

manufacturers from making such 

representations on the labels of such 

covered products. 42 U.S.C. 6294(c)(8). 

If, before the Commission has 

prescribed such a format and manner of 

display for labels of such products, a 

manufacturer elects to provide for any 

such product a label conveying such a 

claim, it shall submit the proposed 

claim to the Commission so that a 

format and manner of display for a label 

may be prescribed. 

■ 17. In newly designated § 305.19, 

paragraph (a)(1) is revised to read as 

follows: 

§ 305.19 Promotional material displayed or 

distributed at point of sale. 

(a)(1) Any manufacturer, distributor, 

retailer or private labeler who prepares 

printed material for display or 

distribution at point of sale concerning 

a covered product (except fluorescent 

lamp ballasts, general service 

fluorescent lamps, medium base 

compact fluorescent lamps, or general 

service incandescent lamps including 

incandescent reflector lamps, 

showerheads, faucets, water closets or 

urinals) shall clearly and conspicuously 

include in such printed material the 

following required disclosure: 

Before purchasing this appliance, read 

important information about its estimated 

annual energy consumption, yearly operating 

cost, or energy efficiency rating that is 

available from your retailer. 

* * * * * 

■ 18. Newly designated § 305.20 is 

amended as follows: 

A. Revise the section heading and 

paragraph (a). 

B. In paragraph (b), remove the 

reference to ‘‘§ 305.2(o)’’ and replace it 

with ‘‘§ 305.2(l).’’

C. In paragraph (c)(1)(i), remove the 

reference to ‘‘§ 305.11(e)(1)’’ and replace 

it with ‘‘§ 305.15(b)(1).’’

D. In paragraph (c)(1)(i), remove the 

reference to ‘‘§ 305.11(e)(1)(ii)’’ and 

replace it with ‘‘§ 305.15(b)(1)(ii).’’

E. In paragraph (c)(1)(ii) introductory 

text, remove the reference 

‘‘§ 305.11(e)(2)’’ and replace it with 

‘‘§ 305.15(b)(2).’’

F. In paragraph (d), remove the 

reference ‘‘§ 305.11(f)’’ and replace it 

with ‘‘§ 305.16.’’

The revisions read as follows: 

§ 305.20 Paper catalogs and websites. 

(a) Any manufacturer, distributor, 

retailer, or private labeler who 

advertises in a catalog, a covered 

product (except fluorescent lamp 

ballasts, general service fluorescent 

lamps, medium base compact 

fluorescent lamps, general service 

incandescent lamps including 

incandescent reflector lamps, 

showerheads, faucets, water closets, or 

urinals) shall include in such catalog 

either the EnergyGuide labels prepared 

in accordance with §§ 305.11 and 

305.12 for products they offer or the 

following information: 

(1) The capacity of the model on each 

page that lists the covered product. 

(2) The estimated annual operating 

costs for refrigerators, refrigeratorfreezers, freezers, clothes washers, 

dishwashers, room air conditioners, and 

water heaters as determined in 

accordance with § 305.5 and appendix K 

of this part on each page that lists the 

covered product. 

(3) A statement conspicuously placed 

in the catalog: 

(i) For refrigerators, refrigeratorfreezers, and freezers (fill in the blanks 

with the appropriate year and energy 

cost figures): 

Your operating costs will depend on your 

utility rates and use. The estimated operating 

cost is based on a [Year] national average 

electricity cost of [ ___ cents per kWh]. 

For more information, visit www.ftc.gov/ 

appliances. 

(ii) For room air conditioners and 

water heaters, (fill in the blanks with the 

appropriate year and energy cost 

figures): 

Your operating costs will depend on your 

utility rates and use. The estimated operating 

cost is based on a [Year] national average 

[electricity, natural gas, propane, or oil] cost 

of [$ ___ per kWh, therm, or gallon]. 

For more information, visit www.ftc.gov/ 

appliances. 

(iii) For clothes washers and 

dishwashers, (fill in the blanks with the 

appropriate information such as the 

year, and the energy cost figures): 

Your operating costs will depend on your 

utility rates and use. The estimated operating 

cost is based on [4 washloads a week for 

dishwashers, or 8 washloads a week for 

clothes washers] and a [Year] national 

average cost of ___ cents per kWh for 

electricity and $ ___ per therm for natural 

gas. 

For more information, visit www.ftc.gov/ 

appliances. 

(4) The energy efficiency or thermal 

efficiency ratings for pool heaters, 

central air conditioners, heat pumps, 

and furnaces (including boilers) as 

determined in accordance with §305.5 

on each page that lists the covered 

product. 

* * * * * 

§ 305.22 [Amended] 

■ 19. In newly designated § 305.22, 

remove the reference to ‘‘§ 305.15(b)’’

and replace it with ‘‘§ 305.21(b).’’

§ 305.25 [Removed] 

■ 20. Newly redesignated § 305.25 is 

removed and reserved. 

■ 21. Appendix A1 to Part 305 is revised 

to read as follows: 

APPENDIX A1 TO PART 305—REFRIGERATORS WITH AUTOMATIC DEFROST 

Range Information 

Manufacturer’s Rated Total Refrigerated Volume in Cubic feet 

Range of Estimated Annual Operating Costs 

(Dollars/Year) 

Low High 

Less than 2.5 ........................................................................................... $32 $35 

2.5 to 4.4 ................................................................................................. $33 $42 

4.5 to 6.4 ................................................................................................. $32 $58 

6.5 to 8.4 ................................................................................................. $48 $48 

8.5 to 10.4 ............................................................................................... $37 $37 

10.5 to 12.4 ............................................................................................. $35 $35 


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APPENDIX A1 TO PART 305—REFRIGERATORS WITH AUTOMATIC DEFROST—Continued 

Range Information 

Manufacturer’s Rated Total Refrigerated Volume in Cubic feet 

Range of Estimated Annual Operating Costs 

(Dollars/Year) 

Low High 

12.5 to 14.4 ............................................................................................. $33 $33 

14.5 to 16.4 ............................................................................................. $46 $46 

16.5 and over .......................................................................................... $36 $50 

(*) No data submitted for units meeting the Department of Energy’s Energy Conservation Standards effective July 1, 2001. 

■ 22. Appendix A2 to Part 305 is revised 

to read as follows: 

APPENDIX A2 TO PART 305—REFRIGERATORS AND REFRIGERATOR-FREEZERS WITH MANUAL DEFROST 

Range Information 

Manufacturer’s Rated Total Refrigerated Volume in Cubic feet 

Range of Estimated Annual Operating Costs 

(Dollars/Year) 

Low High 

Less than 2.5 ........................................................................................... $29 $36 

2.5 to 4.4 ................................................................................................. $29 $37 

4.5 to 6.4 ................................................................................................. $29 $39 

6.5 to 8.4 ................................................................................................. $39 $39 

8.5 to 10.4 ............................................................................................... $24 $36 

10.5 to 12.4 ............................................................................................. $35 $35 

12.5 to 14.4 ............................................................................................. (*) (*) 

14.5 to 16.4 ............................................................................................. (*) (*) 

16.5 to 18.4 ............................................................................................. $36 $43 

18.5 to 20.4 ............................................................................................. (*) (*) 

20.5 to 22.4 ............................................................................................. (*) (*) 

22.5 to 24.4 ............................................................................................. $48 $48 

24.5 to 26.4 ............................................................................................. (*) (*) 

26.5 to 28.4 ............................................................................................. (*) (*) 

28.5 and over .......................................................................................... (*) (*) 

(*) No data submitted for units meeting the Department of Energy’s Energy Conservation Standards effective July 1, 2001. 

■ 23. Appendix A3 to Part 305 is revised 

to read as follows: 

APPENDIX A3 TO PART 305—REFRIGERATOR-FREEZERS WITH PARTIAL AUTOMATIC DEFROST 

Range Information 

Manufacturer’s Rated Total Refrigerated Volume in Cubic feet 

Range of Estimated Annual Operating Costs 

(Dollars/Year) 

Low High 

Less than 10.5 ............................................................................................................... $27 $46 

10.5 to 12.4 .................................................................................................................... $33 $33 

12.5 to 14.4 .................................................................................................................... (*) (*) 

14.5 to 16.4 .................................................................................................................... (*) (*) 

16.5 to 18.4 .................................................................................................................... (*) (*) 

18.5 to 20.4 .................................................................................................................... (*) (*) 

20.5 to 22.4 .................................................................................................................... (*) (*) 

22.5 to 24.4 .................................................................................................................... (*) (*) 

24.5 to 26.4 .................................................................................................................... (*) (*) 

26.5 to 28.4 .................................................................................................................... (*) (*) 

28.5 and over ................................................................................................................. (*) (*) 

(*) No data submitted for units meeting the Department of Energy’s Energy Conservation Standards effective July 1, 2001. 

■ 24. Appendix A4 to Part 305 is revised 

to read as follows: 


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APPENDIX A4 TO PART 305—REFRIGERATOR-FREEZERS WITH AUTOMATIC DEFROST WITH TOPMOUNTED FREEZER WITHOUT THROUGH-THE-DOOR ICE SERVICE 

Range Information 

Manufacturer’s Rated Total Refrigerated Volume in Cubic feet 

Range of Estimated Annual Operating Costs 

(Dollars/Year) 

Low High 

Less than 10.5 ......................................................................................... $35 $49 

10.5 to 12.4 ............................................................................................. $41 $44 

12.5 to 14.4 ............................................................................................. $40 $47 

14.5 to 16.4 ............................................................................................. $40 $48 

16.5 to 18.4 ............................................................................................. $42 $52 

18.5 to 20.4 ............................................................................................. $41 $53 

20.5 to 22.4 ............................................................................................. $44 $56 

22.5 to 24.4 ............................................................................................. (*) (*) 

24.5 to 26.4 ............................................................................................. $51 $51 

26.5 to 28.4 ............................................................................................. (*) (*) 

28.5 and over .......................................................................................... (*) (*) 

(*) No data submitted for units meeting the Department of Energy’s Energy Conservation Standards effective July 1, 2001. 

■ 25. Appendix A5 to Part 305 is revised 

to read as follows: 

APPENDIX A5 TO PART 305—REFRIGERATOR-FREEZERS WITH AUTOMATIC DEFROST WITH SIDEMOUNTED FREEZER WITHOUT THROUGH-THE-DOOR ICE SERVICE 

Range Information 

Manufacturer’s Rated Total Refrigerated Volume in Cubic feet 

Range of Estimated Annual Operating Costs 

(Dollars/Year) 

Low High 

Less than 10.5 ......................................................................................... $56 $56 

10.5 to 12.4 ............................................................................................. (*) (*) 

12.5 to 14.4 ............................................................................................. (*) (*) 

14.5 to 16.4 ............................................................................................. (*) (*) 

16.5 to 18.4 ............................................................................................. (*) (*) 

18.5 to 20.4 ............................................................................................. $66 $66 

20.5 to 22.4 ............................................................................................. $46 $68 

22.5 to 24.4 ............................................................................................. $59 $73 

24.5 to 26.4 ............................................................................................. $58 $78 

26.5 to 28.4 ............................................................................................. $71 $71 

28.5 and over .......................................................................................... $62 $73 

(*) No data submitted for units meeting the Department of Energy’s Energy Conservation Standards effective July 1, 2001. 

■ 26. Appendix A6 to Part 305 is revised 

to read as follows: 

APPENDIX A6 TO PART 305—REFRIGERATOR-FREEZERS WITH AUTOMATIC DEFROST WITH BOTTOMMOUNTED FREEZER WITHOUT THROUGH-THE-DOOR ICE SERVICE 

Range Information 

Manufacturer’s Rated Total Refrigerated Volume in Cubic feet 

Range of Estimated Annual Operating Costs 

(Dollars/Year) 

Low High 

Less than 10.5 ......................................................................................... $46 $54 

10.5 to 12.4 ............................................................................................. $47 $47 

12.5 to 14.4 ............................................................................................. (*) (*) 

14.5 to 16.4 ............................................................................................. $48 $58 

16.5 to 18.4 ............................................................................................. $50 $59 

18.5 to 20.4 ............................................................................................. $47 $61 

20.5 to 22.4 ............................................................................................. $49 $61 

22.5 to 24.4 ............................................................................................. $62 $62 

24.5 to 26.4 ............................................................................................. $51 $63 

26.5 to 28.4 ............................................................................................. (*) (*) 


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APPENDIX A6 TO PART 305—REFRIGERATOR-FREEZERS WITH AUTOMATIC DEFROST WITH BOTTOMMOUNTED FREEZER WITHOUT THROUGH-THE-DOOR ICE SERVICE—Continued 

Range Information 

Manufacturer’s Rated Total Refrigerated Volume in Cubic feet 

Range of Estimated Annual Operating Costs 

(Dollars/Year) 

Low High 

28.5 and over .......................................................................................... (*) (*) 

(*) No data submitted for units meeting the Department of Energy’s Energy Conservation Standards effective July 1, 2001. 

■ 27. Appendix A7 to Part 305 is revised 

to read as follows: 

APPENDIX A7 TO PART 305—REFRIGERATOR-FREEZERS WITH AUTOMATIC DEFROST WITH TOPMOUNTED FREEZER WITH THROUGH-THE-DOOR ICE SERVICE 

Range Information 

Manufacturer’s Rated Total Refrigerated Volume in Cubic feet 

Range of Estimated Annual Operating Costs 

(Dollars/Year) 

Low High 

Less than 10.5 ......................................................................................... (*) (*) 

10.5 to 12.4 ............................................................................................. (*) (*) 

12.5 to 14.4 ............................................................................................. (*) (*) 

14.5 to 16.4 ............................................................................................. (*) (*) 

16.5 to 18.4 ............................................................................................. $43 $43 

18.5 to 20.4 ............................................................................................. (*) (*) 

20.5 to 22.4 ............................................................................................. $56 $56 

22.5 to 24.4 ............................................................................................. (*) (*) 

24.5 to 26.4 ............................................................................................. (*) (*) 

26.5 to 28.4 ............................................................................................. (*) (*) 

28.5 and over .......................................................................................... (*) (*) 

(*) No data submitted for units meeting the Department of Energy’s Energy Conservation Standards effective July 1, 2001. 

■ 28. Appendix A8 to Part 305 is revised 

to read as follows: 

APPENDIX A8 TO PART 305—REFRIGERATOR-FREEZERS WITH AUTOMATIC DEFROST WITH SIDEMOUNTED FREEZER WITH THROUGH-THE-DOOR ICE SERVICE 

Range Information 

Manufacturer’s Rated Total Refrigerated Volume in Cubic feet 

Range of Estimated Annual Operating Costs 

(Dollars/Year) 

Low High 

Less than 10.5 ......................................................................................... (*) (*) 

10.5 to 12.4 ............................................................................................. (*) (*) 

12.5 to 14.4 ............................................................................................. (*) (*) 

14.5 to 16.4 ............................................................................................. (*) (*) 

16.5 to 18.4 ............................................................................................. (*) (*) 

18.5 to 20.4 ............................................................................................. $59 $69 

20.5 to 22.4 ............................................................................................. $57 $72 

22.5 to 24.4 ............................................................................................. $57 $74 

24.5 to 26.4 ............................................................................................. $60 $78 

26.5 to 28.4 ............................................................................................. $65 $80 

28.5 and over .......................................................................................... $70 $84 

(*) No data submitted for units meeting the Department of Energy’s Energy Conservation Standards effective July 1, 2001. 

■ 29. Appendix B1 to Part 305 is revised 

to read as follows: 


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APPENDIX B1 TO PART 305—UPRIGHT FREEZERS WITH MANUAL DEFROST 

Range Information 

Manufacturer’s Rated Total Refrigerated Volume in Cubic feet 

Range of Estimated Annual Operating Costs 

(Dollars/Year) 

Low High 

Less than 5.5 ........................................................................................... $29 $35 

5.5 to 7.4 ................................................................................................. $32 $38 

7.5 to 9.4 ................................................................................................. $36 $40 

9.5 to 11.4 ............................................................................................... (*) (*) 

11.5 to 13.4 ............................................................................................. $44 $44 

13.5 to 15.4 ............................................................................................. $42 $48 

15.5 to 17.4 ............................................................................................. $44 $51 

17.5 to 19.4 ............................................................................................. $46 $51 

19.5 to 21.4 ............................................................................................. $55 $56 

21.5 to 23.4 ............................................................................................. (*) (*) 

23.5 to 25.4 ............................................................................................. $62 $62 

25.5 to 27.4 ............................................................................................. (*) (*) 

27.5 to 29.4 ............................................................................................. (*) (*) 

29.5 and over .......................................................................................... (*) (*) 

(*) No data submitted for units meeting the Department of Energy’s Energy Conservation Standards effective July 1, 2001. 

■ 30. Appendix B2 to Part 305 is revised 

to read as follows: 

APPENDIX B2 TO PART 305—UPRIGHT FREEZERS WITH AUTOMATIC DEFROST 

Range Information 

Manufacturer’s Rated Total Refrigerated Volume in Cubic feet 

Range of Estimated Annual Operating Costs 

(Dollars/Year) 

Low High 

Less than 5.5 ........................................................................................... $51 $52 

5.5 to 7.4 ................................................................................................. (*) (*) 

7.5 to 9.4 ................................................................................................. (*) (*) 

9.5 to 11.4 ............................................................................................... $60 $60 

11.5 to 13.4 ............................................................................................. $61 $61 

13.5 to 15.4 ............................................................................................. $60 $70 

15.5 to 17.4 ............................................................................................. $62 $73 

17.5 to 19.4 ............................................................................................. $68 $79 

19.5 to 21.4 ............................................................................................. $71 $82 

21.5 to 23.4 ............................................................................................. $85 $85 

23.5 to 25.4 ............................................................................................. $91 $91 

25.5 to 27.4 ............................................................................................. (*) (*) 

27.5 to 29.4 ............................................................................................. (*) (*) 

29.5 and over .......................................................................................... (*) (*) 

(*) No data submitted for units meeting the Department of Energy’s Energy Conservation Standards effective July 1, 2001. 

■ 31. Appendix B3 to Part 305 is revised 

to read as follows: 

APPENDIX B3 TO PART 305—CHEST FREEZERS AND ALL OTHER FREEZERS 

Range Information 

Manufacturer’s Rated Total Refrigerated Volume in Cubic feet 

Range of Estimated Annual Operating Costs 

(Dollars/Year) 

Low High 

Less than 5.5 ........................................................................................... $20 $26 

5.5 to 7.4 ................................................................................................. $25 $37 

7.5 to 9.4 ................................................................................................. $31 $38 

9.5 to 11.4 ............................................................................................... $30 $33 

11.5 to 13.4 ............................................................................................. $35 $39 

13.5 to 15.4 ............................................................................................. $38 $57 

15.5 to 17.4 ............................................................................................. $38 $38 

17.5 to 19.4 ............................................................................................. (*) (*) 

19.5 to 21.4 ............................................................................................. $46 $51 

21.5 to 23.4 ............................................................................................. $49 $55 


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APPENDIX B3 TO PART 305—CHEST FREEZERS AND ALL OTHER FREEZERS—Continued 

Range Information 

Manufacturer’s Rated Total Refrigerated Volume in Cubic feet 

Range of Estimated Annual Operating Costs 

(Dollars/Year) 

Low High 

23.5 to 25.4 ............................................................................................. $55 $61 

25.5 to 27.4 ............................................................................................. (*) (*) 

27.5 to 29.4 ............................................................................................. (*) (*) 

29.5 and over .......................................................................................... (*) (*) 

(*) No data submitted for units meeting the Department of Energy’s Energy Conservation Standards effective July 1, 2001. 

■ 32. 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. 

Capacity 

Range of Estimated Annual Operating Costs 

(Dollars/Year) 

Low High 

Compact $19 $34 

■ 33. 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 fewer than 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. 

Capacity 

Range of Estimated Annual Operating Costs 

(Dollars/Year) 

Low High 

Standard $20 $50 

■ 34. Appendices D1 through D5 to Part 

305 are revised to read as follows: 

APPENDIX D1 TO PART 305—WATER HEATERS—GAS 

Range Information 

CAPACITY Range of Estimated Annual Operating Costs 

(Dollars/Year) 

FIRST HOUR RATING Natural Gas ($/year) Propane ($/year) 

Low High Low High 

Less than 21 .................................................. * * * * 

21 to 24 .......................................................... * * * * 

25 to 29 .......................................................... * * * * 

30 to 34 .......................................................... * * * * 

35 to 40 .......................................................... * * * * 

41 to 47 .......................................................... * * * * 

48 to 55 .......................................................... $285 $309 $479 $520 

56 to 64 .......................................................... $295 $309 $496 $520 

65 to 74 .......................................................... $273 $314 $458 $529 

75 to 86 .......................................................... $273 $331 $458 $529 

87 to 99 .......................................................... $285 $331 $471 $557 

100 to 114 ...................................................... $276 $345 $466 $557 

115 to 131 ...................................................... $276 $380 $466 $578 


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APPENDIX D1 TO PART 305—WATER HEATERS—GAS—Continued 

Range Information 

CAPACITY Range of Estimated Annual Operating Costs 

(Dollars/Year) 

FIRST HOUR RATING Natural Gas ($/year) Propane ($/year) 

Low High Low High 

Over 131 ........................................................ $309 $380 $520 $640 

* No data submitted. 

APPENDIX D2 TO PART 305—WATER HEATERS—ELECTRIC 

Range Information 

CAPACITY Range of Estimated Annual Operating Costs 

(Dollars/Year) 

FIRST HOUR RATING Low High 

Less than 21 ............................................................................................ $503 $503 

21 to 24 ................................................................................................... * * 

25 to 29 ................................................................................................... $503 $503 

30 to 34 ................................................................................................... $503 $508 

35 to 40 ................................................................................................... $497 $508 

41 to 47 ................................................................................................... $492 $531 

48 to 55 ................................................................................................... $492 $531 

56 to 64 ................................................................................................... $492 $520 

65 to 74 ................................................................................................... $492 $531 

75 to 86 ................................................................................................... $492 $544 

87 to 99 ................................................................................................... $503 $550 

100 to 114 ............................................................................................... $514 $577 

115 to 131 ............................................................................................... $544 $563 

Over 131 .................................................................................................. * * 

* No data submitted. 

APPENDIX D3 TO PART 305—WATER HEATERS—OIL 

Range Information 

CAPACITY Range of Estimated Annual Operating Costs 

(Dollars/Year) 

FIRST HOUR RATING Low High 

Less than 65 ............................................................................................ * * 

65 to 74 ................................................................................................... * * 

75 to 86 ................................................................................................... * * 

87 to 99 ................................................................................................... * * 

100 to 114 ............................................................................................... $386 $444 

115 to 131 ............................................................................................... $364 $471 

Over 131 .................................................................................................. $353 $471 

* No data submitted. 

APPENDIX D4 TO PART 305—WATER HEATERS—INSTANTANEOUS–GAS 

Range Information 

CAPACITY Range of Estimated Annual Operating Costs 

(Dollars/Year) 

FIRST HOUR RATING Natural Gas ($/year) Propane ($/year) 

Low High Low High 

Under 1.00 ..................................................... $285 $285 $479 $479 

1.00 to 2.00 .................................................... $280 $285 $456 $471 

2.01 to 3.00 .................................................... $174 $268 $346 $445 

Over 3.00 ....................................................... $199 $290 $301 $486 

* No data submitted. 


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APPENDIX D5 TO PART 305—WATER HEATERS—HEAT PUMP 

Range Information 

CAPACITY Range of Estimated Annual Operating 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. 

■ 35. Appendix E to Part 305 is revised 

to read as follows: 

APPENDIX E TO PART 305—ROOM AIR CONDITIONERS 

Range Information 

Manufacturer’s rated cooling capacity in Btu’s/yr 

Range of Estimated Annual Operating Costs 

(Dollars/Year) 

LOW HIGH 

Without Reverse Cycle and with Louvered Sides:.

Less than 6,000 Btu ................................................................................ $37 $48 

6,000 to 7,999 Btu ................................................................................... $44 $64 

8,000 to 13,999 Btu ................................................................................. $59 $112 

14,000 to 19,999 Btu ............................................................................... $105 $176 

20,000 and more Btu .............................................................................. $166 $338 

.

Without Reverse Cycle and without Louvered Sides:.

Less than 6,000 Btu ................................................................................ * * 

6,000 to 7,999 Btu ................................................................................... $48 $48 

8,000 to 13,999 Btu ................................................................................. $61 $127 

14,000 to 19,999 Btu ............................................................................... $124 $140 

20,000 and more Btu .............................................................................. * * 

.

With Reverse Cycle and with Louvered Sides ....................................... $61 $192 

With Reverse Cycle, without Louvered Sides ......................................... $67 $111 

* No data submitted for units meeting Federal Minimum Efficiency Standards effective October 1, 2000. 

■ 36. Appendix F1 to Part 305 is revised 

to read as follows: 

APPENDIX F1 TO PART 305—STANDARD CLOTHES WASHERS 

Range Information 

‘‘Standard’’ includes all household clothes washers with a tub capacity of 1.6 cu. ft. or more. 

Capacity 

Range of Estimated Annual Operating Costs 

(Dollars/Year) 

Low High 

Standard $10 $71 

■ 37. Appendix F2 to Part 305 is revised 

to read as follows: 


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APPENDIX F2 TO PART 305—COMPACT CLOTHES WASHERS 

Range Information 

‘‘Compact’’ includes all household clothes washers with a tub capacity of less than 1.6 cu. ft. 

Capacity 

Range of Estimated Annual Operating Costs 

(Dollars/Year) 

Low High 

Compact $19 $49 

■ 38. Appendices G1, G2, G3, G4, G5, 

G6, G7, and G8 are revised to read as 

follows: 

APPENDIX G1 TO PART 305—FURNACES—GAS

Manufacturer’s rated heating capacities (Btu’s/hr.) 

Range of annual fuel utilization efficiencies 

(AFUE’s) 

Low High 

All Capacities 78.0 96.6 

APPENDIX G2 TO PART 305—FURNACES—ELECTRIC

Manufacturer’s rated heating capacities (Btu’s/hr.) 

Range of annual fuel utilization efficiencies 

(AFUE’s) 

Low High 

All Capacities 100 100 

APPENDIX G3 TO PART 305—FURNACES—OIL

Manufacturer’s rated heating capacities (Btu’s/hr.) 

Range of annual fuel utilization efficiencies 

(AFUE’s) 

Low High 

All Capacities 78.0 86.1 

APPENDIX G4 TO PART 305—MOBIL HOME FURNACES

Manufacturer’s rated heating capacities (Btu’s/hr.) 

Range of annual fuel utilization efficiencies 

(AFUE’s) 

Low High 

All Capacities 75.0 92.1 

APPENDIX G5 TO PART 305—BOILERS—GAS (EXCEPT STEAM) 

Manufacturer’s rated heating capacities (Btu’s/hr.) 

Range of annual fuel utilization efficiencies 

(AFUE’s) 

Low High 

All Capacities 80 95.5 

APPENDIX G6 TO PART 305—BOILERS—GAS (STEAM) 

Manufacturer’s rated heating capacities (Btu’s/hr.) 

Range of annual fuel utilization efficiencies 

(AFUE’s) 

Low High 

All Capacities 75.8 84.0 


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APPENDIX G7 TO PART 305—BOILERS (OIL) 

Manufacturer’s rated heating capacities (Btu’s/hr.) 

Range of annual fuel utilization efficiencies 

(AFUE’s) 

Low High 

All Capacities 80.0 92.0 

APPENDIX G8 TO PART 305—BOILERS (ELECTRIC) 

Manufacturer’s rated heating capacities (Btu’s/hr.) 

Range of annual fuel utilization efficiencies 

(AFUE’s) 

Low High 

All Capacities 100 100 

■ 39. Appendix H is revised to read as 

follows: 

APPENDIX H TO PART 305—COOLING PERFORMANCE FOR CENTRAL AIR CONDITIONERS 

Manufacturer’s rated cooling capacities (Btu’s/hr.) 

Range of SEER’s 

Low High 

Single Package Units.

Central Air Conditioners (Cooling Only): All capacities .......................... 10.6 16.5 

Heat Pumps (Cooling Function): All capacities ...................................... 10.6 16.0 

.

Split System Units.

Central Air Conditioners (Cooling Only): All capacities .......................... 10.9 23.0 

Heat Pumps (Cooling Function): All capacities ...................................... 10.9 21.0 

■ 40. Appendix I is revised to read as 

follows: 

APPENDIX I TO PART 305—HEATING PERFORMANCE FOR CENTRAL AIR CONDITIONERS 

Manufacturer’s rated heating capacity (Btu’s/hr.) 

Range of HSPF’s 

Low High 

Single Package Units.

Heat Pumps (Heating Function): All capacities ...................................... 7.0 8.2 

.

Split System Units.

Heat Pumps (Heating Function): All capacities ...................................... 7.1 10.2 

■ 41. Appendices J1 and J2 are revised 

to read as follows: 

APPENDIX J1 TO PART 305—POOL HEATERS—GAS 

Range Information 

Manufacturer’s rated heating capacity 

Range of Thermal Efficiencies (percent) 

Natural Gas Propane 

Low High Low High 

All capacities .................................................. 79.0 95.0 79.0 95.0 


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APPENDIX J2 TO PART 305—POOL HEATERS—OIL 

Range Information 

Manufacturer’s rated heating capacities 

Range of Thermal Efficiencies (percent) 

Low High 

All capacities ........................................................................................... 79.0 79.0 

■ 42. 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 operating cost disclosures required 

under sections 305.11 and 305.20. This Table is based on information published by the U.S. Department of Energy in 2007. Unless otherwise indicated by the Commission, this table will be revised in 2012. 

Representative Average Unit Costs of Energy for Five Residential Energy Sources (2007) 

Type of Energy In Commonly Used 

Terms 

As required by DOE test 

procedure Dollars per million Btu1

Electricity 10.65¢/kWh2,3 $.1065/kWh $31.21 

Natural Gas $1.218/therm4

$12.53/MCF5,6

$0.00001218/Btu $12.18 

No. 2 heating oil $2.22/gallon7 $0.00001601/Btu $16.01 

Propane $1.87/gallon8 $0.00002047/Btu $20.47 

Kerosene $2.63/gallon9 $0.00001948/Btu $19.48 

1 Btu stands for British termal unit. 2 kWh stands for kilo Watt 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 1,029 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. 

■ 43. In Appendix L, Prototype labels 1 

through 4 and Sample labels 1 through 

9 are revised to read as follows and Prototype label 5 and Sample labels 10 

and 11 are removed: 

BILLING CODE 6750–01–S 


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APPENDIX L TO PART 305—SAMPLE 

LABELS 

PROTOTYPE LABEL 1 


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PROTOTYPE LABEL 2 


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PROTOTYPE LABEL 3 


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PROTOTYPE LABEL 4 


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SAMPLE LABEL 1 


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SAMPLE LABEL 2 


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SAMPLE LABEL 3 


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SAMPLE LABEL 4 


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SAMPLE LABEL 5 


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SAMPLE LABEL 6 


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SAMPLE LABEL 7 


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SAMPLE LABEL 8 


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SAMPLE LABEL 9 

* * * * * 

[FR Doc. 07–4193 Filed 8–28–07: 8:45 am] 

BILLING CODE 6750–01–C 


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