Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules 1779 

1 44 FR 66466 (Nov. 19, 1979) (Rule’s initial 

promulgation). 

2 42 U.S.C. 6294. EPCA also requires the 

Department of Energy (‘‘DOE’’) to develop test 

procedures that measure how much energy 

appliances use, and to determine the representative 

average cost a consumer pays for different types of 

energy. 

3 77 FR 15298 (Mar. 15, 2012) (regulatory review). 

The Commission currently has two other open 

proceedings related to other proposed amendments 

for the Rule. See 77 FR 33337 (June 6, 2012) 

(proposed changes to furnace and central air 

conditioner labels); 76 FR 45715 (Aug. 1, 2011) 

(proposed expanded light bulb coverage). 

4 16 CFR 305.10. 

submitted voluntarily by the sender will 

be publicly accessible. NOAA will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Maria Brown at Maria.Brown@noaa.gov 

or 415–561–6622; or Dan Howard at 

Dan.Howard@noaa.gov or 415–663– 

0314. 

SUPPLEMENTARY INFORMATION: 

Public Scoping Meetings: NOAA 

intends to conduct a series of public 

scoping meetings to collect public 

comments. These meetings will be held 

on the following dates and at the 

following locations and times: 

1. Bodega Bay, CA 

Date: January 24, 2013. 

Location: Bodega Bay Grange Hall. 

Address: 1370 Bodega Avenue, 

Bodega Bay, CA 94923. 

Time: 6 p.m. 

2. Pt. Arena, CA 

Date: February 12, 2013. 

Location: Point Arena High School. 

Address: 185 Lake Street, Point 

Arena, CA 95468. 

Time: 6 p.m. 

3. Gualala, CA 

Date: February 13, 2013. 

Location: Gualala Community Center. 

Address: 47950 Center Street, Gualala, 

CA 95445. 

Time: 6 p.m. 

Authority: 16 U.S.C. 1431 et seq.; 16 U.S.C. 

470. 

Dated: December 27, 2012. 

Daniel J. Basta, 

Director for the Office of National Marine 

Sanctuaries. 

[FR Doc. 2012–31655 Filed 1–8–13; 8:45 am] 

BILLING CODE 3510–NK–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 305 

[3084–AB15] 

Disclosures Regarding Energy 

Consumption and Water Use of Certain 

Home Appliances and Other Products 

Required Under the Energy Policy and 

Conservation Act (‘‘Appliance Labeling 

Rule’’) 

AGENCY: Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’). 

ACTION: Proposed Rule and Proposed 

Conditional Exemption. 

SUMMARY: The Commission proposes to 

amend the Appliance Labeling Rule 

(‘‘Rule’’) by updating ranges of 

comparability and unit energy cost 

figures for many EnergyGuide labels. 

The Commission also seeks comment on 

a proposed exemption request by the 

Association of Home Appliance 

Manufacturers (AHAM) to help 

consumers compare the labels on 

refrigerators and clothes washers after 

the implementation of upcoming 

changes to the Department of Energy 

test procedures for those products. 

DATES: Comments must be received by 

March 1, 2013. 

ADDRESSES: Interested parties may file a 

comment online or on paper by 

following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘Energy Label Ranges, 

Matter No. R611004’’ on your comment, 

and file your comment online at 

https://ftcpublic.commentworks.com/ 

ftc/energylabelranges by following the 

instructions on the Web-based form. If 

you prefer to file your comment on 

paper, mail or deliver your comment to 

the following address: Federal Trade 

Commission, Office of the Secretary, 

Room H–113 (Annex U), 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. 

FOR FURTHER INFORMATION CONTACT: 

Hampton Newsome, (202) 326–2889, 

Attorney, Division of Enforcement, 

Bureau of Consumer Protection, Federal 

Trade Commission, Room M–8102B, 

600 Pennsylvania Avenue NW., 

Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Commission issued the 

Appliance Labeling Rule (‘‘Rule’’) in 

1979,1 in response to a directive in the 

Energy Policy and Conservation Act of 

1975 (EPCA).2 The Rule requires energy 

labeling for major home appliances and 

other consumer products, to help 

consumers compare competing models. 

When first published, the Rule applied 

to eight categories: refrigerators, 

refrigerator-freezers, freezers, 

dishwashers, water heaters, clothes 

washers, room air conditioners, and 

furnaces. The Commission subsequently 

expanded the Rule’s coverage to include 

central air conditioners, heat pumps, 

plumbing products, lighting products, 

ceiling fans, and televisions. The 

Commission is currently conducting a 

regulatory review of the Rule.3

The Rule requires manufacturers to 

attach yellow EnergyGuide labels on 

many of these products, and prohibits 

retailers from removing the labels or 

rendering them illegible. In addition, 

the Rule directs sellers, including 

retailers, to post label information on 

Web sites and in paper catalogs from 

which consumers can order products. 

EnergyGuide labels for covered 

appliances must contain three key 

disclosures: estimated annual energy 

cost (for most products); a product’s 

energy consumption or energy 

efficiency rating as determined from 

Department of Energy (DOE) test 

procedures; and a comparability range 

displaying the highest and lowest 

energy costs or efficiency ratings for all 

similar models. For energy cost 

calculations, the Rule specifies national 

average costs for applicable energy 

sources (e.g., electricity, natural gas, oil) 

as calculated by DOE. The Rule sets a 

five-year schedule for updating range of 

comparability and annual energy cost 

information.4 The Commission updates 

the range information based on 

manufacturer data submitted pursuant 

to the Rule’s reporting requirements. 

II. Proposed Amendments 

As discussed below, the Commission 

proposes to update the comparability 

ranges (Appendices A–J to Part 305) and 

national average energy cost figures 

(Appendix K to Part 305) for many 

EnergyGuide labels consistent with its 

five-year schedule. This Notice also 

contains several minor, proposed 

revisions and updates to the label’s 

content, some of which were suggested 

by commenters as part of the 

Commission’s ongoing regulatory 

review. To avoid requiring multiple 

label revisions within a short time 

period, the Commission proposes to 

require these label content changes 

concurrently with the range updates. 

Finally, the Commission proposes to 

grant a request from the Association of 

Home Appliance Manufacturers 

(AHAM) seeking an exemption related 

to labeling requirements for 

refrigerators, refrigerator-freezers, and 

freezers (hereinafter referred to as 

‘‘refrigerators’’), and clothes washers to 


srobinson on DSK4SPTVN1PROD with 
1780 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules 

5 16 CFR 305.10. 

6 In addition to revising existing comparability 

ranges, the Commission proposes to include a new 

range for instantaneous electric water heaters 

(Appendix D6). 

7 77 FR 29940 (Apr. 26, 2012) (DOE notice for 

‘‘Representative Average Unit Costs of Energy’’). 

8The Commission will also update the prototype 

and sample labels in the Rule’s appendices to 

reflect the new range and cost information as well 

as the minor label content changes proposed in this 

Notice when it publishes a final rule regarding the 

ranges. 

9For refrigerators and clothes washers, as 

discussed in Section II.B. below, the Commission 

proposes to update range and cost information after 

the upcoming implementation of revised DOE 

standards and test procedures, which will 

significantly change energy use data for those 

products. See infra note 19. Similarly, for furnace 

and central air conditioner labels, the Commission 

recently announced plans to issue range data to 

coincide with new DOE efficiency standards 

scheduled to become effective next year. 77 FR 

33337 (June 6, 2012) (proposed FTC rule). Finally, 

for televisions, the Commission will issue revisions 

to the television ranges in 16 CFR 305.17 after DOE 

adopts a recently proposed test procedure. 77 FR 

2830 (Jan. 19, 2012) (proposed DOE test procedure). 

The Commission will also establish an annual 

reporting schedule for television manufacturers at 

that time. EPCA requires annual reporting based on 

DOE test procedures. Because no DOE television 

test procedure currently exists, the Rule currently 

contains no reporting requirements. 42 U.S.C. 

6296(b)(4) (FTC annual reporting requirements tied 

to DOE test procedure); 16 CFR 305.8 (FTC 

reporting requirements). In addition, these 

amendments do not affect recently revised labeling 

requirements for lighting products. 75 FR 41696 

(July 19, 2010). The Rule has separate provisions in 

§ 305.15 for energy cost disclosures on lighting 

products. 

10 75 FR 41696 (July 19, 2010) (light bulbs); 76 FR 

1038 (Jan. 6, 2011) (televisions). 

11 DOE’s 2012 national average energy cost data 

lists electricity at 11.84 cents/kWh. 77 FR 24940 

(Apr. 26, 2012) (DOE fuel cost update). 

Accordingly, the FTC’s proposed amendments 

require manufacturers to use 12 cents/kWh in 

calculating energy cost for affected labels. 

12 Joint Comments from Energy-Efficiency and 

Consumer Organizations (May 16, 2012) (#560957– 

00015) available at http://www.ftc.gov/os/ 

comments/energylabelamend/00015-83010.pdf. 

13 16 CFR 305.17(f). 

14CEA comments (May 16, 2012) (#560957– 

00012) available at http://www.ftc.gov/os/ 

comments/energylabelamend/560957-00012- 

83006.pdf. EPCA grants the Commission discretion 

to include (or exclude) range information for 

television labels. 42 U.S.C. 6296(c)(9). However, 

once DOE issues a final test procedure, 

manufacturers will have to submit energy data 

whether or not the label displays a range. 42. U.S.C. 

6296(b)(4). 

address recent DOE test procedure 

changes. 

A. Comparability Range and Energy 

Cost Revisions 

In accordance with the Rule’s fiveyear schedule for label updates, the 

Commission publishes proposed 

revisions to the comparability range and 

energy cost information for many 

products bearing EnergyGuide labels.5

The comparability ranges (i.e., scales) 

show the highest and lowest energy 

costs or energy efficiency ratings of 

models similar to the labeled product. 

The Commission derives these ranges 

from annual data submitted by 

manufacturers.6 In addition, the 

Commission is updating the average 

energy cost figures (e.g., 12 cents per 

kWh) manufacturers must use to 

calculate a model’s estimated energy 

cost for the label based on national 

average cost figures published by DOE.7

To effect these changes, the Commission 

proposes amendments to the applicable 

tables in the Rule’s appendices. 

Manufacturers must begin using this 

new information within 90 days after 

publication of a final notice in this 

proceeding. To aid manufacturers in 

transitioning to the new ranges, FTC 

staff will provide sample label template 

files on its Web site.8

At this time, the Commission does not 

propose to alter range and cost 

information for EnergyGuide labels on 

four product categories (refrigerators, 

clothes washers, furnaces and central air 

conditioners, and televisions) given 

upcoming DOE regulatory changes 

applicable to those products.9 Instead, 

the Commission proposes waiting to 

synchronize the changes with the 

impending DOE regulations. By doing 

so, the Commission would avoid several 

label changes in a short time period, a 

practice that could confuse consumers 

and burden manufacturers. 

B. Proposed Revisions and Updates to 

Label Content 

In addition to the proposed range and 

cost updates, the proposed amendments 

contain five minor label changes to 

simplify and improve the disclosures. 

The Commission also seeks comment on 

the possible elimination of range 

information on television labels. 

Finally, the Commission seeks comment 

on the potential increase in the 

frequency of changes to range and cost 

information on all EnergyGuide labels. 

First, consistent with recently 

implemented FTC labeling requirements 

for light bulb and television labels,10 the 

proposed rule rounds to the nearest cent 

the national average electricity (12 cents 

per kWh) and natural gas ($1.06 per 

therm) cost figures (in Appendix K) 

used to calculate the label’s estimated 

annual operating (energy) cost. In the 

past, the Rule has expressed these 

figures as a fraction of a cent (e.g., 11.85 

cents per kWh). A cost figure rounded 

to cents should be more familiar to 

consumers and should not have any 

negative impact on the label’s utility 

because any differences in cost from 

such rounding will be very small and 

apply to all models.11

Second, also consistent with the 

recent television and light bulb labeling 

requirements, the proposed 

amendments further simplify the label’s 

cost disclosure by eliminating reference 

to the cost rate’s year in § 305.11(f). 

Currently, the label identifies the year of 

the underlying energy cost rate (e.g., 

‘‘based on a 2007 national average 

electricity cost of 10 cents per kWh’’). 

This date remains on the label for five 

years. For example, labels for a product 

introduced in 2011 state that the cost 

figure derives from a 2007 national 

average. However, because energy rates 

can increase and decrease from year to 

year, the benefit of disclosing this detail 

on the label does not appear significant. 

More importantly, this disclosure could 

cause confusion. For instance, the 

‘‘2007’’ reference in the example above 

may incorrectly suggest to some 

consumers that the product itself was 

produced in 2007. To avoid these 

problems, the Commission proposes to 

eliminate the reference to the year. The 

label would simply read ‘‘based on a 

national average electricity cost of 

* * *.’’ 

Third, based on comments in the 

ongoing regulatory review for the Rule, 

the Commission proposes to include a 

new disclosure on room air conditioners 

(§ 305.11(f)) explaining that the cost 

estimate is based on an assumed 750 

hours of operation a year.12 Similar 

estimates already appear on other labels 

(e.g., four loads per week for 

dishwashers and five hours per day for 

televisions). This change should help 

consumers gauge the product’s 

estimated energy cost in the context of 

their own use. Fourth, the amendments 

replace the term ‘‘operating cost’’ with 

‘‘energy cost’’ on EnergyGuide labels for 

appliances (§ 305.11(f)). The term 

‘‘energy’’ ties the disclosure directly to 

the label’s purpose (i.e., disclosing the 

product’s energy use) and is consistent 

with new labels for televisions and light 

bulbs. Finally, the amendments make a 

conforming change to the Web site 

address on the label, from www.ftc.gov/ 

appliances to www.ftc.gov/energy. 

In addition to these minor changes, 

the Commission seeks comment on 

whether to retain range information on 

television labels.13 In comments related 

to the regulatory review of the overall 

Rule, the Consumer Electronics 

Association (CEA) argued that the 

comparability ranges on the 

EnergyGuide labels become obsolete 

soon after they are issued because the 

television market changes so 

frequently.14 As a result, the estimated 

energy costs for many models fall 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules 1781 

15 16 CFR 305.10(a). 

16 Joint Comments from Energy-Efficiency and 

Consumer Organizations (May 16, 2012) (#560957– 

00015) available at http://www.ftc.gov/os/ 

comments/energylabelamend/00015-83010.pdf. 

17 72 FR 49948, 49959 (Aug. 29, 2007) 

(rulemaking on effectiveness of the EnergyGuide 

label). 

18AHAM comments (July 17, 2012) (#560957– 

00023) at http://www.ftc.gov/os/comments/ 

energylabelamend/00023-83190.pdf and (Sept. 11, 

2012) (#560957–00025) at http://www.ftc.gov/os/ 

comments/energylabelamend/560957-00025- 

84112.pdf. 

19 76 FR 57516 (Sept. 15, 2011) (refrigerator 

standards); 77 FR 3559 (Jan. 25, 2012) (refrigerator 

test procedure); 77 FR 32308 (May 31, 2012) 

(clothes washer standards); 77 FR 13888 (Mar. 7, 

2012) (clothes washer test procedure). DOE rules 

require compliance with the new test procedures 

for all refrigerators by September 15, 2014 and for 

all clothes washers by March 7, 2015. 

20The Commission issued similar modifications 

in 2003 for clothes washer labels in response to 

changes in the DOE test procedure. 68 FR 23584 

(May 5, 2003). 

21AHAM comments (May 16, 2012) (#560957– 

0013) at http://www.ftc.gov/os/comments/ 

energylabelamend/00013-83038.pdf. 

22See 77 FR 13888, 13933 (Mar. 7, 2012) (DOE 

clothes washer test procedure). The new DOE test 

procedure also includes the cost of energy 

consumed in non-active wash modes. 

23AHAM comments (Sept. 11, 2012) (#560957– 

00025) at http://www.ftc.gov/os/comments/ 

energylabelamend/560957-00025-84112.pdf. In 

those comments, AHAM also recommended that the 

Commission omit a comparability range scale from 

the label until data from the new test procedures 

becomes available. 

outside the range depicted on the label, 

limiting the label’s utility. CEA also 

noted that, in lieu of the ranges on 

labels, consumers can rely on other 

sources, including consumer and trade 

publications and product reviews, to 

obtain comparative energy information 

for televisions. In response, the 

Commission seeks comment on whether 

to eliminate range information from 

future updates of the television label. 

Comments should address whether 

range information is useful, whether the 

model’s energy cost information 

provides an adequate comparative tool 

for consumers shopping in stores and 

online, and whether there are sufficient 

alternatives to provide comparability 

information to consumers. 

Finally, the Commission seeks 

comment on whether to update range 

and cost information more frequently 

than every five years.15 In comments on 

the regulatory review, several energyefficiency organizations suggested that 

the FTC follow a three-year schedule to 

update national average energy cost 

figures and the comparison ranges for 

most products. They also recommended 

a two-year schedule for products with 

rapidly changing efficiencies and 

quicker sell-through periods, such as 

televisions.16 The commenters argued 

that the current schedule fails to keep 

pace with efficiency improvements of 

new models. Similarly, in their view, 

the five-year schedule does not update 

the label’s average cost figures 

frequently enough. In support of these 

observations, the commenters noted 

recent dishwasher market changes 

brought on by new DOE standards as 

well as an approximately 10% increase 

in national average electricity costs over 

the last few years. 

In establishing the five-year schedule, 

the Commission recognized the 

potential benefits of more frequent 

changes to cost and range information.17

However, the Commission concluded 

that the need for consistent label 

information is paramount and, on 

balance, deserves greater weight than 

the need for more frequent updates. In 

doing so, the Commission focused on 

the need to minimize frequent label 

changes, noting that inconsistent cost 

and range information for competing 

models in showrooms and catalogs can 

lead to consumer confusion and a lack 

of confidence in the label. In the 

Commission’s view, the five-year 

schedule strikes a reasonable balance 

between maintaining consistent 

disclosures and providing frequent 

updates. Accordingly, the Commission 

is not proposing to change the current 

schedule. However, the Commission 

seeks further comment on whether it 

should adopt the commenters’ 

suggestions to implement a three-year 

schedule. 

C. Proposed Conditional Exemption for 

Refrigerators and Clothes Washers 

In response to a request from the 

Association of Home Appliance 

Manufacturers (AHAM),18 the 

Commission proposes a conditional 

exemption and rule amendments for 

refrigerators and clothes washers. New 

DOE testing procedures for these 

products, issued in conjunction with 

new efficiency standards, change the 

methods for calculating a model’s 

energy use and, as a result, will trigger 

substantial changes to the energy 

information disclosed on EnergyGuide 

labels.19 To aid consumers in their 

comparison shopping during this 

transition, the Commission proposes a 

distinct label for models tested under 

the new DOE procedure to be used both 

during this transition and afterward. In 

addition, the Commission proposes to 

allow manufacturers to begin labeling 

new models using the new DOE test 

procedures several months before the 

DOE compliance dates to ease the 

burden associated with transition to the 

new test procedures.20

AHAM submitted its request in 

anticipation of upcoming DOE energy 

conservation standards and test 

procedures for refrigerators (effective on 

September 15, 2014) and clothes 

washers (effective on March 7, 2015). 

The new, more stringent conservation 

standards will render a substantial 

portion of existing refrigerator and 

clothes washer models obsolete. In 

addition, the updated test procedures 

will yield substantially different results 

than the current ones. According to 

AHAM, the new refrigerator test 

procedure will increase the measured 

energy use of refrigerators by 

approximately 14%, though the increase 

will vary between product classes, 

manufacturers, and even individual 

models.21 In addition, the new clothes 

washer test procedure bases annual 

energy use estimates on 295 cycles per 

year (approximately six per week), 

instead of the current 392 cycles 

(approximately eight per week), thus 

reducing stated energy costs on the 

EnergyGuide labels by about 25%.22

AHAM notes that after manufacturers 

start to test their products using the new 

procedures, showrooms and Web sites 

will contain some models tested under 

the old procedure and others tested 

under the new one. In AHAM’s view, 

the resulting mix of EnergyGuide labels 

could severely hamper consumers in 

making fair product comparisons. 

To help facilitate the transition to the 

new efficiency standards and to aid 

shoppers who compare products during 

this period, AHAM proposed two 

measures. First, it seeks permission to 

use the new DOE tests for labeling 

models introduced prior to DOE’s 

compliance dates. Second, it 

recommends different, transitional 

EnergyGuide labels for these models, to 

help consumers distinguish products 

tested under the new procedure from 

those tested under the old one. 

Specifically, AHAM proposes that new 

labels contain blue (cyan) text and 

include the statement: ‘‘Blue 

EnergyGuide Compares Only to Other 

Models with Blue EnergyGuides (due to 

new U.S. Government requirements).’’ 23

AHAM’s members want to begin using 

the new test procedures and transitional 

labels for models introduced after 

January 1, 2014 for refrigerators, and 

June 1, 2014 for clothes washers. AHAM 

also requested that the Commission 

continue to require this modified label 

for products tested under the new 

procedure until DOE makes another 

substantial change to the test procedure 

in the future. 

AHAM contends that these proposals 

will reduce burdens associated with 

upcoming regulatory changes, avoid 


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1782 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules 

24To facilitate the early introduction of these 

higher-efficiency models, DOE has announced that 

manufacturers may certify these models with DOE 

using the new test procedures, thus relieving them 

from having to test new models under both the old 

and new test procedures during the transition 

period. On June 29, 2012, DOE issued guidance 

permitting early compliance with new or amended 

test procedures and standards. See http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/pdfs/tp_faq_2012-06-29.pdf. 

Thus, in DOE’s view, manufacturers may begin 

using the new test procedures before the dates 

specified for compliance. 

25AHAM also requested guidance on whether 

manufacturers must change model numbers for 

products during the DOE transition period. Unless 

the manufacturer modifies the model in a way that 

affects its energy performance, the Commission 

does not recommend changing model numbers 

during the transition. 

26 16 CFR 305.5(a) and 305.11(a) (FTC testing and 

labeling); see also 10 CFR Part 430 (DOE test 

procedures). 27Consistent with the Rule’s requirements, the 

proposed exemption applies to both manufacturers 

and private labelers. 28Manufacturers also may use the new test 

procedures for labeling existing products during 

this period, but must follow all conditions of this 

exemption in doing so. 29The Commission does not propose a cyan 

(blue) label as suggested by AHAM because cyan 

text on yellow background would be difficult to 

read, especially for smaller text. In addition, the 

cyan ink could cause confusion with regard to 

ENERGY STAR certification given that cyan is the 

color commonly used for ENERGY STAR logos. By 

retaining the yellow and black format, the proposed 

label will not change the printing cost associated 

with the labels. 

30The Commission will publish range 

information for the new labels once energy data 

becomes available for refrigerators and clothes 

washers tested under the new procedure, most 

likely in 2015. 

31The new DOE test procedure changes the 

estimated weekly clothes washer cycles from 8 to 

6. 77 FR 13888 (DOE clothes washer test 

procedure). 

32To avoid confusion associated with the 

multiple rule amendments and effective dates 

covered by this Notice, the Commission has not 

included formal proposed rule language for the 

transitional labels. However, this Notice contains a 

full description of the proposal, including sample 

labels. In addition, the minor label changes 

proposed in section II.B. (i.e., fuel rates to the 

nearest cent and the use of ‘‘energy cost’’ instead 

of ‘‘operating cost’’) would not be required for 

refrigerator and clothes washer labels until the new 

DOE test procedure compliance dates. (September 

15, 2014 for refrigerators and March 7, 2015 for 

clothes washers). 

consumer confusion, and encourage 

early introduction of high-efficiency 

models. The Commission generally 

agrees. The proposal should reduce 

burdens by allowing refrigerator and 

clothes washer manufacturers to roll out 

new high-efficiency models well before 

the DOE compliance date and thus 

avoid the logistical complications 

associated with designing, producing, 

and testing many models at the same 

time.24 In addition, using transitional 

labels will avoid the display of a 

misleading mix of test results on 

EnergyGuide labels. Lastly, early 

compliance will provide an incentive 

for manufacturers to introduce models 

that meet the more stringent energy 

standards sooner, thus providing 

consumers with more high-efficiency 

choices.25

Therefore, the Commission proposes 

to exempt manufacturers from certain 

EnergyGuide testing and labeling 

requirements for new refrigerator and 

clothes washer models introduced 

before DOE’s compliance dates. 

Specifically, the Commission proposes 

to grant a conditional exemption from 

the Rule’s requirement that, for 

purposes of the EnergyGuide label, 

manufacturers use the estimated annual 

energy consumption derived from the 

test procedures presently required by 

DOE.26 By granting the requested 

exemption, the Commission would 

allow manufacturers to begin using the 

results of DOE’s new procedures and 

provide those results on EnergyGuide 

labels several months before the DOE 

compliance date. 

The Commission proposes to grant 

this exception, but only to the extent 

required to allow manufacturers 27 to 

use the new test procedures on 

refrigerator (including refrigerators, 

refrigerator-freezers, and freezers) and 

clothes washer models manufactured 

after January 1, 2014 (for refrigerators) 

and June 1, 2014 (for clothes washers). 

If a manufacturer continues to use the 

current test results for a particular 

model until the new procedures take 

effect, September 15, 2014 (for 

refrigerators) and March 7, 2015 (for 

clothes washers), it must continue to 

use the current label for that model up 

until those dates. Manufacturers would 

remain obligated to comply with all 

other Rule requirements. The 

Commission proposes to grant this 

exemption on the following additional 

conditions: 

(1) For models manufacturers choose 

to test and label under the exemption, 

manufacturers must follow the new 

DOE test procedures in 10 CFR Part 430, 

Subpart B, Appendix A (refrigerators) 

and Appendix J2 (clothes washers) to 

determine the energy use figures printed 

on EnergyGuide labels; 28

(2) For all such models, 

manufacturers must use EnergyGuide 

labels, as illustrated in Figures 1 and 2 

of this Notice, with the energy cost and 

electricity use figures in yellow text 

framed by block boxes and containing 

the statement ‘‘Compare to other labels 

with yellow numbers. Appliances that 

have labels with black numbers were 

tested differently to estimate cost and 

electricity used.’’ 29

(3) For all such models, 

manufacturers must print the estimated 

energy cost on the label above the center 

of the comparability range, and the 

following statement must appear 

directly below the range: ‘‘Cost Range 

Not Available,’’ as illustrated in Figures 

1 and 2 of this Notice; 30

(4) For all such models, the label must 

state that the estimated energy cost is 

based on a national average electricity 

cost of 12 cents per kWh; and 

(5) For all such clothes washer 

models, the label must state that the 

estimated energy cost is based on six 

wash loads per week and, as discussed 

below, must provide capacity in cubic 

feet.31

Second, to ensure consistency in 

labeling following the exemption 

period, the Commission proposes to 

amend the Rule at §§ 305.5(a) and 

305.11 to require these new labels, as 

described in the five conditions above, 

after the test procedure transition. Thus, 

the new labels would apply to all 

refrigerators and clothes washers 

distributed on, or after, the DOE new 

test procedure compliance dates 

(September 15, 2014 for refrigerators 

and March 7, 2015 for clothes washers). 

This change should reduce consumer 

confusion in viewing labels that look 

alike but contain differently-calculated 

information.32 The Commission 

proposes to maintain this new label 

until DOE further amends the test 

procedures in the future beyond 2015. 

At that time, the Commission will 

consider changes to the label. In 

addition, once the Commission receives 

product data reflecting new and existing 

models tested under the new DOE 

procedures, it would issue new 

comparability ranges for those products. 

The Commission seeks comment on 

the proposed exemption and associated 

amendments. In particular, the 

Commission requests input on whether 

the different results from the new and 

old DOE test procedures are significant 

enough to warrant the proposed label 

modifications. In addition, the 

Commission seeks comment on whether 

the proposed label changes are 

appropriate and will help consumers in 

their purchasing decisions. In 

particular, commenters should address 

whether the proposed labels will 

effectively communicate to consumers 

that they should not compare the old 

and new labels. In addition, 

commenters should identify any 

alternative disclosures or label design 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules 1783 

features that would be more effective 

than the proposed labels. 

BILLING CODE 6750–01–P 


srobinson on DSK4SPTVN1PROD with EP09JA13.002</GPH>

FIGURE 1 - PROPOSED TRANSITIONAL REFRIGERATOR-FREEZER LABEL 
1784 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules 

33The Commission plans to consider other 

outstanding issues from the regulatory review at a 

later date. 

BILLING CODE 6750–01–C 

D. Additional Refrigerator and Clothes 

Washer Issues 

In addition to the exemption request 

for a transitional label, the Commission 

has considered the following three 

issues related to refrigerators and 

clothes washers raised in response to 

the regulatory review notice: Changes to 

refrigerator range categories; disclosures 

for refrigerator models with optional 

icemakers; and capacity information for 

clothes washers.33

Refrigerator Comparability Range 

Categories: The current rule organizes 

refrigerator comparability ranges by 

product configuration (e.g., models with 

top-mounted freezers) in Appendices 

A1–A8. The current requirements 

designate eight separate range categories 

for refrigerator models and three for 


srobinson on DSK4SPTVN1PROD with EP09JA13.003</GPH>

FIGURE 2 - PROPOSED TRANSITIONAL CLOTHES WASHER LABEL 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules 1785 

34The Rule further divides each model category 

into several size classes (e.g., 19.5 to 21.4 cubic 

feet), each with its own comparability range. 

35See 16 CFR part 305, Appendices A and B. 

36 Joint Comments from Energy-Efficiency and 

Consumer Organizations (May 16, 2012) (#560957– 

00015) available at http://www.ftc.gov/os/

comments/energylabelamend/00015–83010.pdf. 

37AHAM comments (Sept. 11, 2012) (#560957– 

00025) available at http://www.ftc.gov/os/

comments/energylabelamend/560957–00025–

84112.pdf. 

38The consolidation of ranges also could cause 

conflicts and confusion with regard to the ENERGY 

STAR system, which sets efficiency levels based on 

different refrigerator configurations. For example, 

ENERGY STAR-qualified side-by-side door models 

are highly efficient compared to other side-by-side 

models but not necessarily compared to all other 

refrigerator-freezers. Therefore, if the comparison 

range on the EnergyGuide label included all 

configurations, some ENERGY STAR designated 

models will be higher on the cost range than some 

non-ENERGY STAR models. Before making any 

changes, the Commission needs to explore the 

overall costs and benefits of such a change. 

39 16 CFR 305.5 (FTC testing rules); 10 CFR Part 

430, Subpart B, Appendix A (DOE refrigerator 

tests). 

40AHAM comments (May 16, 2012, and October 

31, 2012) at http://www.ftc.gov/os/comments/ 

energylabelamend/00013-83038.pdf. 

41 77 FR at 3569 (DOE notice on refrigerator 

testing). 

42 77 FR at 15302 (proposing to amend 16 CFR 

305.7(g) to include clothes washer capacity on the 

label). 

43See 75 FR 57556, 57575 (Sept. 21, 2010) (DOE 

clothes washer notice) and http://www.aham.org/ 

ht/a/GetDocumentAction/i/51727. 

44Pacific Gas and Electric Company (PG&E) 

comments (May 15, 2012) (#00009) at http:// 

www.ftc.gov/os/comments/energylabelamend/ 

00009-82974.pdf. 

freezer models.34 These ranges disclose 

the energy costs associated with the 

most and least efficient models in a 

particular category. Specifically, for 

automatic-defrost refrigerator freezers, 

which typically populate the bulk of 

showroom floors, the Rule contains five 

categories (or styles): Side-by-side door 

models with and without through-thedoor ice service; top-mounted freezer 

models with and without through-thedoor ice service; and bottom-mounted 

freezer models. The Rule also has ranges 

for less common models including those 

with manual and partial defrost models, 

and refrigerator-only models.35 These 

categories allow consumers to compare 

the energy use of similarly configured 

refrigerators. 

Several energy-efficiency and 

consumer groups urged the Commission 

to consolidate the comparability ranges 

into a single range covering all 

configurations.36 They reasoned one 

range would allow consumers to 

compare a product’s energy 

performance against all other models. 

AHAM opposed this approach, arguing 

that consolidation of the ranges for 

different configurations would cast 

fully-featured products that use more 

energy in an unfavorable light. AHAM 

also pointed to data suggesting that 

consumers usually replace their existing 

refrigerators with similarly configured 

models. AHAM acknowledged, 

however, that it had no detailed 

information directly addressing whether 

consumers shop with a specific 

configuration in mind. It concluded 

that, without clear data on consumer 

shopping habits, the Commission 

should refrain from changing the 

current ranges.37

The Commission does not propose 

any changes at this time. Without 

further opportunity for comment on a 

proposal and more information about 

consumer buying habits, the 

Commission is reluctant to alter existing 

requirements.38 Once DOE’s new 

standards become effective, the 

Commission will examine new range 

data from models on the market and 

consider whether to propose changes to 

the range categories. 

Refrigerator Models with Optional 

Icemakers: Currently, refrigerator labels 

do not reflect icemaker energy 

consumption because the current DOE 

test procedure does not measure a 

model’s icemaker operation. However, 

because the new DOE procedures will 

account for icemakers, the new labels 

will now include icemaker energy 

consumption for those products.39

In light of this change, AHAM has 

raised concerns about labeling for socalled ‘‘kitable’’ refrigerator models (i.e., 

models that can be fitted with an 

icemaker before or after purchase).40

The new DOE rules divide these 

products into categories (i.e., units with 

pre-installed icemakers and units 

without). Thus, each category will have 

its own EnergyGuide labels reflecting 

different levels of energy use. In 

comments to the Commission, AHAM 

has suggested that all ‘‘kitable’’ 

refrigerator labels disclose the energy 

use of the model shipped without the 

optional icemaker to avoid overstating 

energy costs for models that may never 

have an icemaker. In addition, AHAM 

suggests additional label language to 

inform retailers and consumers that the 

addition of an icemaker will increase 

the model’s energy costs. 

The Commission agrees that this 

proposal merits consideration. However, 

DOE plans to examine its designation of 

these models and thus may provide 

guidance that addresses AHAM’s 

concerns.41 Accordingly, the 

Commission does not plan to impose 

any additional testing-related 

disclosures for these products until DOE 

has completed its deliberations. 

Clothes Washer Capacity: In initiating 

the Rule’s regulatory review, the 

Commission proposed to require 

specific capacity information in cubic 

feet on EnergyGuide labels for clothes 

washers.42 The Commission seeks 

additional comments on this issue. 

Current EnergyGuide labels indicate 

whether the model is ‘‘standard’’ or 

‘‘compact,’’ but do not specify volume 

(e.g., 3.5 cubic feet). In the current 

market, most models fall into the broad 

‘‘standard’’ size class (i.e., models with 

tub capacities greater than 1.6 cubic 

feet), but actual capacity among models 

varies significantly. Thus, the general 

capacity disclosure provides little 

assistance to consumers in 

distinguishing washer size. A specific 

capacity disclosure on the label should 

help consumers make important 

product comparisons. It would also 

complement recent DOE and industry 

efforts to ensure uniformity in capacity 

disclosures, which would provide 

consumers with usable information 

whether they are looking at 

EnergyGuide labels, manufacturer 

advertising, or DOE certification data.43

AHAM objected to the Commission’s 

proposal, arguing that it will greatly 

increase the number of labels 

manufacturers have to produce. 

According to AHAM, many washer 

models with different capacities have 

the same energy cost. Manufacturers 

currently print one label for such 

appliances. AHAM contended that the 

Commission’s proposal would prevent 

this cost-savings. AHAM also argued 

consumers can access capacity 

information through other sources. In 

addition, it observed that industry 

members have already taken steps to 

ensure consistency in washer capacity 

claims. Thus, in AHAM’s view, the 

Commission’s proposal addresses a 

problem that no longer exists. In 

contrast, PG&E supported the specific 

capacity disclosure proposed in the 

regulatory review notice, suggesting it 

might ‘‘prompt consumers to think more 

critically about the utility of different 

sized washers, and also [their] 

associated energy and water 

requirements.’’ 44

The Commission continues to believe 

that detailed capacity information will 

help consumers in their purchasing 

decisions. The presence of capacity 

information allows consumers easily to 

consider the size and energy cost of 

models as they compare products in 

showrooms and Web sites, without 

repeatedly crosschecking washer 

capacity disclosed elsewhere in 

specifications and other marketing 

material. In addition, this approach is 

consistent with the EnergyGuide labels 


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1786 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules 

45See DOE clothes washer data at https:// 

www.regulations.doe.gov/ccms/. 46 44 FR 66466 (Nov. 19, 1979) (regulatory review 

notice). The late comments are available at http:// 

www.ftc.gov/os/comments/energylabelamend/ 

index.shtm and include: AHAM (July 17, 2012, 

Sept. 12, 2012, and Oct. 31, 2012), Earthjustice 

(Dec. 3, 2012), Fanimation (July 17, 2012), Miele 

Inc. (Sept. 20, 2012), and Progress Lighting (June 25, 

2012). 

for most other covered products, which, 

among other things, allow consumers to 

gauge a model’s energy cost against its 

size. Moreover, data for clothes washers 

certified to DOE suggests that the 

proposed change would require new 

labels for a small fraction of models.45

Accordingly, it seems unlikely that the 

proposal would impose a substantial 

burden on manufacturers. The 

Commission seeks further comment on 

its proposal to require clothes washer 

capacity disclosures on the label. 

III. Request for Comment 

The Commission invites interested 

persons to submit written comments on 

any issue of fact, law, or policy that may 

bear upon the FTC’s proposed labeling 

requirements. Please provide 

explanations for your answers and 

supporting evidence where appropriate. 

In addition, the Commission notes that 

it has accepted several late comments in 

its ongoing regulatory review 

proceeding.46 To ensure that parties 

have an opportunity to address issues 

raised in those submissions, the 

Commission invites comments on any 

open issue in the regulatory review 

proceeding in addition to those issues 

raised in the present notice. Interested 

persons should follow the instructions 

below for filing any such comments on 

the regulatory review. After examining 

the comments, the Commission will 

determine whether to issue final 

amendments. 

All comments should be filed as 

prescribed below, and must be received 

by March 1, 2013. Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Energy Label 

Ranges, Matter No. R611004’’ to 

facilitate the organization of comments. 

Please note that your comment, 

including your name and your state, 

will be placed on the public record of 

this proceeding, including on the 

publicly accessible FTC Web site, at 

http://www.ftc.gov/os/ 

publiccomments.shtm. 

Because comments will be made 

public, they should not include any 

sensitive personal information, such as 

any individual’s Social Security 

Number; date of birth; driver’s license 

number or other state identification 

number, or foreign country equivalent; 

passport number; financial account 

number; or credit or debit card number. 

Comments also should not include any 

sensitive health information, such as 

medical records or other individually 

identifiable health information. In 

addition, comments should not include 

trade secret or any commercial or 

financial information which is obtained 

from any person and which is privileged 

or confidential as provided in Section 

6(f) of the Federal Trade Commission 

Act (FTC Act, 15 U.S.C. 46(f)), and FTC 

Rule 4.10(a)(2) (16 CFR 4.10(a)(2)). 

Comments containing matter for which 

confidential treatment is requested must 

be filed in paper form, must be clearly 

labeled Confidential, and must comply 

with FTC Rule 4.9(c). Because paper 

mail addressed to the FTC is subject to 

delay due to heightened security 

screening, please consider submitting 

your comments in electronic form. 

Comments filed in electronic form 

should be submitted using the following 

weblink: https:// 

ftcpublic.commentworks.com/ftc/ 

energylabelranges (and following the 

instructions on the web-based form). To 

ensure that the Commission considers 

an electronic comment, you must file it 

on the web-based form at the weblink 

https://ftcpublic.commentworks.com/ 

ftc/energylabelranges. If this Notice 

appears at http://www.regulations.gov/ 

#!home, you may also file an electronic 

comment through that Web site. The 

Commission will consider all comments 

that regulations.gov forwards to it. You 

may also visit the FTC Web site at 

http://www.ftc.gov to read the Notice 

and the news release describing it. 

A comment filed in paper form 

should include the Energy Label Ranges, 

Matter No. R611004 reference both in 

the text and on the envelope, and 

should be mailed or delivered to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Room H–113 (Annex U), 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. The FTC is requesting that 

any comment filed in paper form be sent 

by courier or overnight service, if 

possible, because U.S. postal mail in the 

Washington area and at the Commission 

is subject to delay due to heightened 

security precautions. 

The FTC Act and other laws that the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives, 

whether filed in paper or electronic 

form. Comments received will be 

available to the public on the FTC Web 

site, to the extent practicable, at http:// 

www.ftc.gov/os/publiccomments.shtm. 

As a matter of discretion, the FTC makes 

every effort to remove home contact 

information for individuals from the 

public comments it receives before 

placing those comments on the FTC 

Web site. More information, including 

routine uses permitted by the Privacy 

Act, may be found in the FTC’s privacy 

policy, at http://www.ftc.gov/ftc/ 

privacy.htm. 

Because written comments appear 

adequate to present the views of all 

interested parties, the Commission has 

not scheduled an oral hearing regarding 

these proposed amendments. Interested 

parties may request an opportunity to 

present views orally. If such a request is 

made, the Commission will publish a 

document in the Federal Register 

stating the time and place for such oral 

presentation(s) and describing the 

procedures that will be followed. 

Interested parties who wish to present 

oral views must submit a hearing 

request, on or before February 1, 2013, 

in the form of a written comment that 

describes the issues on which the party 

wishes to speak. If there is no oral 

hearing, the Commission will base its 

decision on the written rulemaking 

record. 

IV. Paperwork Reduction Act 

The current Rule contains 

recordkeeping, disclosure, testing, and 

reporting requirements that constitute 

information collection requirements as 

defined by 5 CFR 1320.3(c), the 

definitional provision within the Office 

of Management and Budget (OMB) 

regulations that implement the 

Paperwork Reduction Act (PRA). OMB 

has approved the Rule’s existing 

information collection requirements 

through Jan. 31, 2014 (OMB Control No. 

3084 0069). The proposed amendments 

do not change the substance or 

frequency of the recordkeeping, 

disclosure, or reporting requirements 

and, therefore, do not require further 

OMB clearance. 

V. Regulatory Flexibility Act 

The provisions of the Regulatory 

Flexibility Act relating to a Regulatory 

Flexibility Act analysis (5 U.S.C. 603– 

604) are not applicable to this 

proceeding because the amendments do 

not impose any new obligations on 

entities regulated by the Appliance 

Labeling Rule. As explained in detail 

elsewhere in this document, the 

proposed exemption and amendments 

do not significantly change the 

substance or frequency of the 

recordkeeping, disclosure, or reporting 

requirements. Thus, the amendments 

will not have a ‘‘significant economic 


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Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules 1787 

impact on a substantial number of small 

entities.’’ 5 U.S.C. 605. The Commission 

has concluded, therefore, that a 

regulatory flexibility analysis is not 

necessary, and certifies, under Section 

605 of the Regulatory Flexibility Act (5 

U.S.C. 605(b)), that the amendments 

announced today will not have a 

significant economic impact on a 

substantial number of small entities. 

Proposed Rule Language 

List of Subjects in 16 CFR Part 305 

Advertising, Energy conservation, 

Household appliances, Labeling, 

Reporting and recordkeeping 

requirements. 

For the reasons set out in the 

preamble, the Commission proposes to 

amend 16 CFR part 305 as follows: 

PART 305—RULE CONCERNING 

DISCLOSURES REGARDING ENERGY 

CONSUMPTION AND WATER USE OF 

CERTAIN HOME APPLIANCES AND 

OTHER PRODUCTS REQUIRED 

UNDER THE ENERGY POLICY AND 

CONSERVATION ACT (‘‘APPLIANCE 

LABELING RULE’’) 

■ 1. The authority citation for part 305 

continues to read as follows: 

Authority: 42 U.S.C. 6294. 

■ 2. In § 305.7, revise paragraph (g) to 

read as follows: 

§ 305.7 Determinations of capacity. 

* * * * * 

(g) Clothes washers. The capacity 

shall be the tub capacity as determined 

according to Department of Energy test 

procedures in 10 CFR part 430, subpart 

B, expressed in the terms of volume in 

cubic feet and the designations of 

‘‘standard’’ or ‘‘compact’’ as determined 

pursuant to those regulations. 

* * * * * 

■ 3. In § 305.10, revise paragraphs (a) 

and (b) to read as follows: 

§ 305.10 Ranges of comparability on the 

required labels. 

(a) Range of estimated annual energy 

costs or energy efficiency ratings. The 

range of estimated annual operating 

costs or energy efficiency ratings for 

each covered product (except 

televisions, fluorescent lamp ballasts, 

lamps, showerheads, faucets, water 

closets and urinals) shall be taken from 

the appropriate appendix to this part in 

effect at the time the labels are affixed 

to the product. The Commission shall 

publish revised ranges in the Federal 

Register in 2017. When the ranges are 

revised, all information disseminated 

after 90 days following the publication 

of the revision shall conform to the 

revised ranges. Products that have been 

labeled prior to the effective date of a 

modification under this section need 

not be relabeled. 

(b) Representative average unit energy 

cost. The Representative Average Unit 

Energy Cost to be used on labels as 

required by § 305.11 and disclosures as 

required by § 305.20 are listed in 

appendix K to this part, except the 

electricity and gas cost to be used on 

labels for refrigerators, refrigeratorfreezers, and freezers distributed before 

September 15, 2014 and labels for 

clothes washers distributed before 

March 7, 2015 shall be 10.65 cents per 

kWh and 1.218 dollars per therm. The 

Commission shall publish revised 

Representative Average Unit Energy 

Cost figures in the Federal Register in 

2017. When the cost figures are revised, 

all information disseminated after 90 

days following the publication of the 

revision shall conform to the new cost 

figure. 

* * * * * 

■ 4. In § 305.11, revise paragraphs (f)(5) 

and (9) and redesignate paragraphs 

(f)(11) and (12) as paragraphs (f)(10) and 

(11), respectively. 

The revisions read as follows: 

§ 305.11 Labeling for refrigerators, 

refrigerator-freezers, freezers, dishwashers, 

clothes washers, water heaters, room air 

conditioners, and pool heaters. 

* * * * * 

(f) * * * 

(5) Estimated annual operating costs 

for refrigerators, refrigerator-freezers, 

freezers, clothes washers, dishwashers, 

room air conditioners, and water heaters 

are as determined in accordance with 

§§ 305.5 and 305.10 of 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. 

* * * * * 

(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 energy cost is based on a 

national average electricity cost of ll 

cents per kWh. 

For more information, visit 

www.ftc.gov/energy. 

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

sentence shall be included as part of the 

statement required by § 305.11(f)(9)(i): 

(A) For models covered under 

appendix A1, the sentence shall read: 

Cost range based only on models of 

similar capacity with automatic defrost. 

(B) For models covered under 

appendix A2, the sentence shall read: 

Cost range based only on models of 

similar capacity with manual defrost. 

(C) For models covered under 

appendix A3, the sentence shall read: 

Cost range based only on models of 

similar capacity with partial automatic 

defrost. 

(D) For models covered under 

appendix A4, the sentence shall read: 

Cost range based only on models of 

similar capacity with automatic defrost, 

top-mounted freezer, and without 

through-the-door ice. 

(E) For models covered under 

appendix A5, the sentence shall read: 

Cost range based only on models of 

similar capacity with automatic defrost, 

side-mounted freezer, and without 

through-the-door ice. 

(F) For models covered under 

appendix A6, the sentence shall read: 

Cost range based only on models of 

similar capacity with automatic defrost, 

bottom-mounted freezer, and without 

through-the-door ice. 

(G) For models covered under 

appendix A7, the sentence shall read: 

Cost range based only on models of 

similar capacity with automatic defrost, 

top-mounted freezer, and through-thedoor ice. 

(H) For models covered under 

appendix A8, the sentence shall read: 

Cost range based only on models of 

similar capacity with automatic defrost, 

side-mounted freezer, and through-thedoor ice. 

(I) For models covered under 

appendix B1, the sentence shall read: 

Cost range based only on upright 

freezer models of similar capacity with 

manual defrost. 

(J) For models covered under 

appendix B2, the sentence shall read: 

Cost range based only on upright 

freezer models of similar capacity with 

automatic defrost. 

(K) For models covered under 

appendix B3, the sentence shall read: 

Cost range based only on chest and 

other freezer models of similar capacity. 

(iii) For room air conditioners covered 

under appendix E, the statement will 

read as follows (fill in the blanks with 

the appropriate model type, year, energy 

type, and energy cost figure): 

Your costs will depend on your utility 

rates and use. 


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1788 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules 

Cost range based only on models [of 

similar capacity without reverse cycle 

and with louvered sides; of similar 

capacity without reverse cycle and 

without louvered sides; with reverse 

cycle and with louvered sides; or with 

reverse cycle and without louvered 

sides]. 

Estimated energy cost is based on a 

national average electricity cost of ll 

cents per kWh and 750 hours of 

operation per year. 

For more information, visit 

www.ftc.gov/energy. 

(iv) For water heaters covered by 

Appendices D1, D2, and D3, the 

statement will read as follows (fill in the 

blanks with the appropriate fuel type, 

year, and energy cost figures): 

Your costs will depend on your utility 

rates and use. 

Cost range based only on models of 

similar capacity fueled by [natural gas, 

oil, propane, or electricity]. Estimated 

energy cost is based on a national 

average [electricity, natural gas, 

propane, or oil] cost of [___ cents per 

kWh or $ll per therm or gallon]. 

For more information, visit 

www.ftc.gov/energy. 

(v) For instantaneous water heaters 

(appendix D4 and D6) and heat pump 

water heaters (appendix D5), the 

statement will read as follows (fill in the 

blanks with the appropriate model type, 

the operating cost, the year, and the 

energy cost figures): 

Your costs will depend on your utility 

rates and use. 

Cost range based only on 

[instantaneous gas water heater or heat 

pump water heater] models of similar 

capacity. Estimated energy cost is based 

on a national average [electricity, 

natural gas, or propane] cost of [ll 

cents per kWh or $ll per therm or 

gallon]. 

For more information, visit 

www.ftc.gov/energy. 

(vi) For clothes washers and 

dishwashers covered by appendices C1, 

C2, F1, and F2, the statement will read 

as follows (fill in the blanks with the 

appropriate appliance type, the energy 

cost, the number of loads per week, the 

year, and the energy cost figures): 

Your costs will depend on your utility 

rates and use. 

Cost range based only on [compact/ 

standard] capacity models. 

Estimated energy cost is based on [4 

washloads a week for dishwashers, or 6 

washloads a week for clothes washers] 

and a national average electricity cost of 

ll cents per kWh and natural gas cost 

of $ll per therm. 

For more information, visit 

www.ftc.gov/energy. 

(vii) For pool heaters covered under 

appendices J1 and J2, the statement will 

read as follows: 

Efficiency range based only on models 

fueled by [natural gas or oil]. 

For more information, visit 

www.ftc.gov/energy. 

* * * * * 

■ 5. Appendix C1 to Part 305 is revised 

to read as follows: 

Appendix C1 to Part 305—Compact 

Dishwashers 

Range Information 

‘‘Compact’’ includes countertop 

dishwasher models with a capacity of fewer 

than eight (8) place settings. Place settings 

shall be in accordance with appendix C to 10 

CFR part 430, subpart B. Load patterns shall 

conform to the operating normal for the 

model being tested. 

Capacity 

Range of estimated annual 

energy costs 

(dollars/year) 

Low High 

Compact ................................................................................................................................................................... $18 $27 

■ 6. Appendix C2 to Part 305 is revised 

to read as follows: 

Appendix C2 to Part 305—Standard 

Dishwashers 

Range Information 

‘‘Standard’’ includes dishwasher models 

with a capacity of eight (8) or more place 

settings. Place settings shall be in accordance 

with appendix C to 10 CFR part 430, subpart 

B. Load patterns shall conform to the 

operating normal for the model being tested. 

Capacity 

Range of estimated annual 

energy costs 

(dollars/year) 

Low High 

Standard .................................................................................................................................................................. $21 $41 

■ 7. Appendices D1 through D5 to Part 

305 are revised and Appendix D6 is 

added to read as follows: 

Appendix D1 to Part 305—Water 

Heaters—Gas 

Range Information 

Capacity Range of estimated annual energy costs (dollars/year) 

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 ............................................................................................................ * * * * 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules 1789 

Capacity Range of estimated annual energy costs (dollars/year) 

First hour rating 

Natural gas ($/year) Propane ($/year) 

Low High Low High 

48 to 55 ............................................................................................................ $248 $269 $655 $712 

56 to 64 ............................................................................................................ $257 $269 $678 $712 

65 to 74 ............................................................................................................ $237 $273 $627 $724 

75 to 86 ............................................................................................................ $237 $288 $627 $724 

87 to 99 ............................................................................................................ $248 $288 $645 $763 

100 to 114 ........................................................................................................ $241 $300 $637 $763 

115 to 131 ........................................................................................................ $241 $331 $637 $791 

Over 131 .......................................................................................................... $269 $331 $712 $876 

* No data submitted. 

Appendix D2 to Part 305—Water 

Heaters—Electric 

Range Information 

Capacity Range of estimated annual 

energy costs 

(dollars/year) 

First hour rating 

Low High 

Less than 21 ............................................................................................................................................................ $567 $567 

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

25 to 29 .................................................................................................................................................................... $567 $567 

30 to 34 .................................................................................................................................................................... $567 $573 

35 to 40 .................................................................................................................................................................... $561 $573 

41 to 47 .................................................................................................................................................................... $555 $599 

48 to 55 .................................................................................................................................................................... $555 $599 

56 to 64 .................................................................................................................................................................... $555 $585 

65 to 74 .................................................................................................................................................................... $555 $599 

75 to 86 .................................................................................................................................................................... $555 $613 

87 to 99 .................................................................................................................................................................... $567 $620 

100 to 114 ................................................................................................................................................................ $579 $651 

115 to 131 ................................................................................................................................................................ $613 $635 

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

* No data submitted. 

Appendix D3 to Part 305—Water 

Heaters—Oil 

Range Information 

Capacity Range of estimated annual 

energy costs 

(dollars/year) 

First hour rating 

Low High 

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

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

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

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

100 to 114 ................................................................................................................................................................ $703 $808 

115 to 131 ................................................................................................................................................................ $663 $856 

Over 131 .................................................................................................................................................................. $642 $856 

* No data submitted. 

Appendix D4 to Part 305—Water 

Heaters—Instantaneous—Gas 

Range Information 


srobinson on DSK4SPTVN1PROD with 
1790 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules 

Capacity Range of estimated annual energy costs 

(dollars/year) 

Capacity (maximum flow rate); gallons per minute 

(gpm) 

Natural gas ($/year) Propane ($/year) 

Low High Low High 

Under 1.00 ....................................................................................................... $248 $248 $655 $655 

1.00 to 2.00 ...................................................................................................... $248 $248 $627 $627 

2.01 to 3.00 ...................................................................................................... $171 $231 $499 $609 

Over 3.00 ......................................................................................................... $167 $204 $435 $532 

* No data submitted. 

Appendix D5 to Part 305—Water 

Heaters—Heat Pump 

Range Information 

Capacity Range of estimated annual 

energy costs 

(dollars/year) 

First hour rating 

Low High 

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

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

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

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

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

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

48 to 55 .................................................................................................................................................................... * * 

56 to 64 .................................................................................................................................................................... * * 

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

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

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

100 to 114 ................................................................................................................................................................ * * 

115 to 131 ................................................................................................................................................................ * * 

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

* No data submitted. 

Appendix D6 to Part 305—Water 

Heaters—Instantaneous—Electric 

Range Information 

Capacity Range of estimated annual 

energy costs 

(dollars/year) Capacity (maximum flow rate); gallons per minute 

(gpm) Low High 

Under 1.00 ............................................................................................................................................................... $532 $532 

1.00 to 2.00 .............................................................................................................................................................. $532 $532 

2.01 to 3.00 .............................................................................................................................................................. * * 

Over 3.00 ................................................................................................................................................................. * * 

* No data submitted. 

■ 8. 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 

energy costs 

(dollars/year) 

Low High 

Without Reverse Cycle and with Louvered Sides: 

Less than 6,000 Btu ......................................................................................................................................... $42 $48 

6,000 to 7,999 Btu ............................................................................................................................................ $50 $72 

8,000 to 13,999 Btu .......................................................................................................................................... $66 $115 

14,000 to 19,999 Btu ........................................................................................................................................ $117 $195 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules 1791 

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

Range of estimated annual 

energy costs 

(dollars/year) 

Low High 

20,000 and more Btu ........................................................................................................................................ $169 $382 

Without Reverse Cycle and without Louvered Sides: 

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

6,000 to 7,999 Btu ............................................................................................................................................ $56 $72 

8,000 to 13,999 Btu .......................................................................................................................................... $73 $138 

14,000 to 19,999 Btu ........................................................................................................................................ $140 $166 

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

With Reverse Cycle and with Louvered Sides ................................................................................................. $71 $225 

With Reverse Cycle, without Louvered Sides .................................................................................................. $89 $126 

* No data submitted. 

■ 9. Appendices J1 and J2 to part 305 

are revised to read as follows: 

Appendix J1 to Part 305—Pool 

Heaters—Gas 

Range Information 

Manufacturer’s rated heating capacities 

Range of thermal efficiencies 

(percent) 

Natural gas Propane 

Low High Low High 

All capacities .................................................................................................... 78.2 95.0 78.2 95.0 

Appendix J2 to Part 305—Pool 

Heaters—Oil 

Range Information 

Manufacturer’s rated heating capacities 

Range of thermal efficiencies 

(percent) 

Low High 

All capacities ............................................................................................................................................................ * * 

* No data submitted. 

■ 10. Appendix K to part 305 is revised 

to read as follows: 

Appendix K to Part 305— 

Representative Average Unit Energy 

Costs 

This Table contains the representative unit 

energy costs that must be utilized to calculate 

estimated annual energy cost disclosures 

required under §§ 305.11 and 305.20. This 

Table is based on information published by 

the U.S. Department of Energy in 2012. 

Unless otherwise indicated by the 

Commission, this table will be revised in 

2017. 

UNIT COSTS OF ENERGY FOR USE ON ENERGYGUIDE LABELS REQUIRED BY § 305.11 

Type of energy In commonly 

used terms 

As required by 

DOE test 

procedure 

Dollars per 

million Btu 1

Electricity ................................................................................................................................ 12.00¢/kWh 2,3 $.1200/kWh $34.70 

Natural Gas ............................................................................................................................ $1.06/therm 4

$10.59/MCF 5,6

$0.00001035/ 

Btu 

$10.35 

No. 2 heating oil .................................................................................................................... $4.04/gallon 7 $0.00002912/ 

Btu 

$29.12 

Propane ................................................................................................................................. $2.56/gallon 8 $0.00002803/ 

Btu 

$28.03 

Kerosene ................................................................................................................................ $4.35/gallon 9 $0.00003222/ 

Btu 

$32.22 

1Btu stands for British thermal unit. 

2 kWh stands for kiloWatt hour. 

3 1 kWh = 3,412 Btu. 

4 1 therm = 100,000 Btu. Natural gas prices include taxes. 

5 MCF stands for 1,000 cubic feet. 

6For the purposes of this table, 1 cubic foot of natural gas has an energy equivalence of 1,023 Btu. 


srobinson on DSK4SPTVN1PROD with 
1792 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Proposed Rules 

7For the purposes of this table, 1 gallon of No. 2 heating oil has an energy equivalence of 138,690 Btu. 

8For the purposes of this table, 1 gallon of liquid propane has an energy equivalence of 91,333 Btu. 

9For the purposes of this table, 1 gallon of kerosene has an energy equivalence of 135,000 Btu. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2013–00113 Filed 1–8–13; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2012–0150] 

RIN 1625–AA08 

Special Local Regulations, Stuart 

Sailfish Regatta, Indian River; Stuart, 

FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish special local regulations on 

the Indian River located northeast of 

Ernest F. Lyons Bridge and south of Joes 

Cove, in Stuart, Florida during the 

Stuart Sailfish Regatta, a series of highspeed boat races. The Stuart Sailfish 

Regatta will take place from Friday, 

April 19, 2013 through Sunday, April 

21, 2013. Approximately 150 high-speed 

power boats will be participating in the 

event. It is anticipated that at least 100 

spectator vessels will be present during 

the race. These special local regulations 

are necessary for the safety of race 

participants, participant vessels, 

spectators and the general public during 

the event. The special local regulations 

establish the following three areas: a 

race area, where all persons and vessels, 

except those persons and vessels 

participating in the high-speed boat 

races, are prohibited from entering, 

transiting through, anchoring in, or 

remaining within; a buffer zone around 

the race area, where all persons and 

vessels, except those persons and 

vessels enforcing the buffer zone, or 

authorized participants or vessels 

transiting to the race area, are prohibited 

from entering, transiting through, 

anchoring in, or remaining within; and 

a spectator area. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before February 8, 2013. 

Requests for public meetings must be 

received by the Coast Guard on or before 

February 8, 2013. 

ADDRESSES: You may submit comments 

identified by docket number using any 

one of the following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail or Delivery: Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001. Deliveries 

accepted between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The telephone number is 202– 

366–9329. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for further instructions on 

submitting comments. To avoid 

duplication, please use only one of 

these three methods. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Junior Grade Mike H. 

Wu, Sector Miami Prevention 

Department, Coast Guard; telephone 

(305) 535–7576, email 

Mike.H.Wu@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

1. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking, indicate the specific section 

of this document to which each 

comment applies, and provide a reason 

for each suggestion or recommendation. 

You may submit your comments and 

material online at http:// 

www.regulations.gov, or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online, it will be considered 

received by the Coast Guard when you 

successfully transmit the comment. If 

you fax, hand deliver, or mail your 

comment, it will be considered as 

having been received by the Coast 

Guard when it is received at the Docket 

Management Facility. We recommend 

that you include your name and a 

mailing address, an email address, or a 

telephone number in the body of your 

document so that we can contact you if 

we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, type the 

docket number USCG–2012–0150 in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on ‘‘Submit a Comment’’ on the 

line associated with this rulemaking. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

2. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, type the 

docket number USCG–2012–0150 in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this rulemaking. You 

may also visit the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

3. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 


srobinson on DSK4SPTVN1PROD with