52024 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules 

3. Will not affect intrastate aviation in 

Alaska; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Airbus: Docket No. FAA–2016–9519; Product 

Identifier 2016–NM–099–AD. 

(a) Comments Due Date 

We must receive comments by December 

26, 2017. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus Model A319– 

112, A319–115, A320–214, A320–232, and 

A321–211 airplanes, certificated in any 

category, manufacturer’s serial numbers 

1479, 3096, 3693, 3713, 3739, 3791, 3896, 

3902, 3907, 3931, 3949, 3969, 4030, 4045, 

4049, 4059, 4066, 4077, 4083, 4124, 4146, 

4158, 4188, 4198, 4206, 4209, 4218, 4235, 

4255, 4264, 4304, 4321, 4371, 4374, 4395, 

4411, 4417, 4431, 4485, 4492, 4502, 4528, 

4541, 4548, 4592, 4595, 4638, 4651, 4669, 

4703, 4724, 4737, 4746, 4770, 4780, 4783, 

4826, 4827, 4860, 4863, 4865, 4902, 4934, 

4945, 4951, 4952, 4971, 4996, 5023, 5029, 

5042, 5088, 5095, 5132, 5159, 5164, 5171, 

5175, 5192, 5210, 5227, 5241, 5247, 5251, 

5275, 5277, 5297, 5306, 5340, 5343, 5348, 

5356, 5366, 5370, 5385, 5387, 5392, 5396, 

5400, 5407, 5418, 5427, 5438, 5456, 5458, 

5469, 5495, 5517, 5555, 5624, 5674, 5678, 

5698, 5699, 5704, 5709, 5714, 5791, 5745, 

5753, 5761, 5781, 5786, 5788, 5789, 5798, 

5804, 5810, 5821, 5827, 5842, 5874, 5882, 

5889, 5903, 5907, 5916, 5924, 5958, 5984, 

5994, 6000, 6004, 6054, 6080, 6107, 6166, 

6176, 6234, 6266, 6293, 6335, 6344, 6365, 

6430, and 6444. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 25, Equipment/furnishings. 

(e) Reason 

This AD was prompted by in-service 

experience and further analysis, which 

showed that the galley 5 without kick-load 

retainers was unable to withstand the 

expected loading during several flight phases 

or in case of emergency landing. We are 

issuing this AD to prevent galley/trolley 

detachment and collapse into an adjacent 

cabin aisle or cabin zone, possibly spreading 

loose galley equipment items, compartment 

doors, or leaking fluids. These hazards could 

block an evacuation route and result in injury 

to crew or passengers. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Install Kick-Load Retainers 

Within 12 months after the effective date 

of this AD, install kick-load retainers on the 

galley 5 trolley compartments as specified in 

paragraph (g)(1), (g)(2), or (g)(3) of this AD, 

as applicable. For airplanes on which galley 

5 is not installed, no action is required by 

this paragraph. 

(1) For Airbus Model A319–115 airplanes, 

manufacturer’s serial numbers 5678, 5698, 

5704, 5745, 5753, 5761, 5781, 5786, 5788, 

5789, 5798, 5810, 5827, and 5842, do the 

installation in accordance with the 

Accomplishment Instructions of Airbus 

Service Bulletin A320–25–1B29, dated June 

19, 2014. 

(2) For Airbus Model A320–232 airplanes, 

manufacturer’s serial numbers 5458, 5517, 

5624, and 5804, do the installation in 

accordance with the Accomplishment 

Instructions of Airbus Service Bulletin A320– 

25–1B30, dated June 19, 2014. 

(3) For airplanes not identified in 

paragraph (g)(1) or (g)(2) of this AD, do the 

installation using a method approved by the 

Manager, International Section, Transport 

Standards Branch, FAA; or the European 

Aviation Safety Agency (EASA); or Airbus’s 

EASA Design Organization Approval (DOA). 

(h) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Section, Transport Standards Branch, FAA, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. In accordance with 14 CFR 

39.19, send your request to your principal 

inspector or local Flight Standards District 

Office, as appropriate. If sending information 

directly to the International Section, send it 

to the attention of the person identified in 

paragraph (i)(2) of this AD. Information may 

be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any 

approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the local flight 

standards district office/certificate holding 

district office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, International Section, 

Transport Standards Branch, FAA; or EASA; 

or Airbus’s EASA Design Organization 

Approval (DOA). If approved by the DOA, 

the approval must include the DOAauthorized signature. 

(i) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA 

Airworthiness Directive 2016–0040, dated 

March 2, 2016, for related information. This 

MCAI may be found in the AD docket on the 

Internet at http://www.regulations.gov by 

searching for and locating Docket No. FAA– 

2016–9519. 

(2) For more information about this AD, 

contact Sanjay Ralhan, Aerospace Engineer, 

International Section, Transport Standards 

Branch, FAA, 1601 Lind Avenue SW., 

Renton, WA 98057–3356; telephone 425– 

227–1405; fax 425–227–1149. 

(3) For service information identified in 

this AD, contact Airbus, Airworthiness 

Office—EIAS, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

telephone +33 5 61 93 36 96; fax +33 5 61 

93 44 51; email account.airworth-eas@

airbus.com; Internet http://www.airbus.com. 

You may view this service information at the 

FAA, Transport Standards Branch, 1601 Lind 

Avenue SW., Renton, WA. For information 

on the availability of this material at the 

FAA, call 425–227–1221. 

Issued in Renton, Washington, on October 

11, 2017. 

Dionne Palermo, 

Acting Director, System Oversight Division, 

Aircraft Certification Service. 

[FR Doc. 2017–22556 Filed 11–8–17; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 305 

[RIN 3084–AB15] 

Energy Labeling Rule 

AGENCY: Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’). 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: The Commission proposes to 

amend the Energy Labeling Rule 

(‘‘Rule’’) by updating ranges of 

comparability and unit energy cost 

figures on EnergyGuide labels for 

dishwashers, furnaces, room air 

conditioners, and pool heaters. The 

Commission also proposes to set a 

compliance date for EnergyGuide labels 

on room air conditioner boxes. 

DATES: Comments must be received by 

December 4, 2017. 

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 


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Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules 52025 

1 44 FR 66466 (Nov. 19, 1979). 

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

Department of Energy (DOE) to develop test 

procedures that measure how much energy 

appliances use, and to determine the representative 

average cost a consumer pays for different types of 

energy. 

3 16 CFR 305.10. 

4 16 CFR 305.10. 

5The amendments include minor clarifying 

language to section 305.10(c) regarding the 

placement of energy cost information on the labels 

for certain models that have energy costs falling 

outside of the current ranges. The amendments also 

include changes to correct rule language in section 

305.5 (obsolete reference to LED bulbs), section 

305.8 (reference to the timing of reporting 

requirements), section 305.12 (sample label 

references for central air conditioners labels), and 

section 305.16 (plumbing disclosures). 

6 16 CFR 305.10. This document also proposes to 

update the sample labels in the Rule’s appendices 

to reflect the new range and cost information and 

to include the minor label content changes 

discussed in this document. 

7 82 FR 21213 (May 5, 2017) (DOE notice for 

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

8Applicable energy cost figures for ceiling fans, 

lighting products, and televisions appear in sections 

305.13 (effective September 17, 2018), 305.15, and 

305.17 respectively. 

9See 81 FR 63634 (Sept. 15, 2016) (new range 

information for refrigerators and freezers, water 

heaters, and central air conditioners effective June 

12, 2017); 81 FR 7201 (Feb. 11, 2016) (new ranges 

for clothes washers effective May 11, 2016); and 80 

FR 16259 (Mar. 27, 2015) (updated ranges for 

televisions effective July 15, 2015). 

10The Commission followed a similar approach 

during the last cycle of range and cost updates. See 

78 FR 1779 (Jan. 9, 2013). 

below. Write ‘‘Energy Label Ranges, 

Matter No. R611004’’ on your comment, 

and file your comment online at https:// 

ftcpublic.commentworks.com/ftc/ 

labelranges by following the 

instructions on the web-based form. If 

you prefer to file your comment on 

paper, mail your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

600 Pennsylvania Avenue NW., Suite 

CC–5610 (Annex E), Washington, DC 

20580, or deliver your comment to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Constitution Center, 400 7th Street SW., 

5th Floor, Suite 5610 (Annex E), 

Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: 

Hampton Newsome, (202) 326–2889, 

Attorney, Division of Enforcement, 

Bureau of Consumer Protection, Federal 

Trade Commission, Room CC–9528, 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Commission issued the Energy 

Labeling Rule (‘‘Rule’’) in 1979,1

pursuant to the Energy Policy and 

Conservation Act of 1975 (EPCA).2 The 

Rule requires energy labeling for major 

home appliances and other consumer 

products to help consumers compare 

competing models. It also contains 

labeling requirements for refrigerators, 

refrigerator-freezers, freezers, 

dishwashers, water heaters, clothes 

washers, room air conditioners, 

furnaces, central air conditioners, heat 

pumps, plumbing products, lighting 

products, ceiling fans, and televisions. 

The Rule requires manufacturers to 

attach yellow EnergyGuide labels to 

many covered products and prohibits 

retailers from removing these labels or 

rendering them illegible. In addition, it 

directs sellers, including retailers, to 

post label information on Web sites and 

in paper catalogs from which consumers 

can order products. EnergyGuide labels 

for most covered products contain three 

key disclosures: Estimated annual 

energy cost, a product’s energy 

consumption or energy efficiency rating 

as determined by DOE test procedures, 

and a comparability range displaying 

the highest and lowest energy costs or 

efficiency ratings for all similar models. 

For cost calculations, the Rule specifies 

national average costs for applicable 

energy sources (e.g., electricity, natural 

gas, oil) as calculated by DOE. Under 

the Rule, the Commission periodically 

updates comparability range and annual 

energy cost information based on 

manufacturer data submitted pursuant 

to the Rule’s reporting requirements.3

The Rule sets a five-year schedule for 

updating range of comparability and 

annual energy cost information.4

II. Proposed Amendments 

As discussed below, the Commission 

proposes to update comparability ranges 

(Appendices A–J to Part 305) and 

national average energy cost figures 

(Appendix K to Part 305) for several 

product categories consistent with the 

Rule’s five-year schedule. This 

document also contains changes to 

EnergyGuide label location for room air 

conditioners previously announced by 

the Commission.5

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 

dishwashers, furnaces, pool heaters, and 

room air conditioners.6 The 

comparability ranges (i.e., scales) show 

the highest and lowest energy costs or 

energy efficiency ratings of models 

similar to the labeled product. The 

Commission derives these ranges from 

annual data submitted by 

manufacturers. In addition, the 

Commission is updating the average 

energy cost figures manufacturers must 

use to calculate a model’s estimated 

energy cost for the label based on 

national average cost figures published 

by DOE.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 on product 

labels within 90 days after publication 

of a final rule in this proceeding. 

Manufacturers do not have to relabel 

products labeled prior to the effective 

date. The Commission also proposes 

amending the energy cost tables in 

Appendix K to clarify the cost 

applicable to various covered products.8

The Commission does not propose 

amending range and cost information 

for EnergyGuide labels for refrigerators, 

freezers, clothes washers, water heaters, 

central air conditioners, and televisions 

because label information for these 

products has been updated recently.9

Changing labels for these products again 

would unnecessarily burden 

manufacturers and potentially confuse 

consumers by introducing new label 

information in the marketplace so soon 

after recent changes.10

B. Room Air Conditioner Labels on 

Packages 

The proposed amendments also set a 

compliance date for changes to room air 

conditioner labels previously 

announced by the Commission. In 2015, 

the Commission announced final 

amendments to require labels on room 

air conditioner boxes and replace the 

EER (‘‘Energy Efficiency Ratio’’) 

disclosure with CEER (‘‘Combined 

Energy Efficiency Ratio’’) (80 FR 67285, 

67292–3 (Nov. 2, 2015)). However, to 

reduce burden on manufacturers that 

use both the U.S. and Canadian labels, 

the Commission delayed a compliance 

date announcement until Natural 

Resources Canada (NRCan), which 

administers the Canadian EnerGuide 

labeling program, had announced 

similar provisions. On December 28, 

2016, NRCan published regulatory 

amendments providing manufacturers 

the option to print the EnerGuide label 

on packaging (Canada Gazette, Vol. 150, 

No. 26 (Dec. 28, 2016)) in lieu of affixing 

the EnerGuide label to the product. 

Thus, now it is appropriate to announce 

a compliance date. 

To ensure ample time for 

manufacturers to redesign packaging, 

the Commission proposes to set an 

effective date of October 1, 2018. This 

date should coincide with the beginning 

of the product season giving 


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52026 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules 

11The Commission is also updating the label to 

include CEER disclosures in place of EER as also 

announced in the November 2, 2015 Rule (80 FR 

67285, 67292–3). 

manufacturers ample time to comply 

without undue burden. However, 

manufacturers may begin using labels 

on packages immediately after the 

Commission publishes final 

amendments to the ranges.11 Consistent 

with the Rule’s schedule for range 

updates (§ 305.10), this document 

includes proposed comparability range 

updates for room ACs and amendments 

to transition from the EER to CEER 

disclosure on the label. Under the 

Commission’s rules, new ranges must 

appear on labels within 90 days 

(§ 305.10) following publication of the 

final range amendments. In meeting the 

90-day requirement, room AC 

manufacturers may either update their 

existing adhesive labels affixed to the 

unit itself or transition to the box labels. 

III. Request for Comment 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before December 4, 2017. Write ‘‘Energy 

Label Ranges, Matter R611004’’ on your 

comment. Your comment—including 

your name and your state—will be 

placed on the public record of this 

proceeding, including, to the extent 

practicable, on the public Commission 

Web site, at https://www.ftc.gov/policy/ 

public-comments. 

Postal mail addressed to the 

Commission is subject to delay due to 

heightened security screening. As a 

result, we encourage you to submit your 

comments online. To make sure that the 

Commission considers your online 

comment, you must file it at https://

ftcpublic.commentworks.com/ftc/ 

labelranges, by following the 

instructions on the web-based form. If 

this document appears at https://

www.regulations.gov, you also may file 

a comment through that Web site. 

If you prefer to file your comment on 

paper, write ‘‘Energy Label Ranges, 

Matter R611004’’ on your comment and 

on the envelope, and mail your 

comment to the following address: 

Federal Trade Commission, Office of the 

Secretary, 600 Pennsylvania Avenue 

NW., Suite CC–5610 (Annex E), 

Washington, DC 20580, or deliver your 

comment to the following address: 

Federal Trade Commission, Office of the 

Secretary, Constitution Center, 400 7th 

Street SW., 5th Floor, Suite 5610 

(Annex E), Washington, DC 20024. If 

possible, submit your paper comment to 

the Commission by courier or overnight 

service. 

Because your comment will be placed 

on the publicly accessible FTC Web site 

at https://www.ftc.gov, you are solely 

responsible for making sure that your 

comment does not include any sensitive 

or confidential information. In 

particular, your comment should not 

include any sensitive personal 

information, such as your or anyone 

else’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. You are also solely 

responsible for making sure that your 

comment does not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, your comment should not 

include any ‘‘trade secret or any 

commercial or financial information 

which . . . is privileged or 

confidential’’–as provided by Section 

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

FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)– 

including in particular competitively 

sensitive information such as costs, 

sales statistics, inventories, formulas, 

patterns, devices, manufacturing 

processes, or customer names. 

Comments containing material 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). 

In particular, the written request for 

confidential treatment that accompanies 

the comment must include the factual 

and legal basis for the request, and must 

identify the specific portions of the 

comment to be withheld from the public 

record. See FTC Rule 4.9(c). Your 

comment will be kept confidential only 

if the General Counsel grants your 

request in accordance with the law and 

the public interest. Once your comment 

has been posted on the public FTC Web 

site—as legally required by FTC Rule 

4.9(b)—we cannot redact or remove 

your comment from the FTC Web site, 

unless you submit a confidentiality 

request that meets the requirements for 

such treatment under FTC Rule 4.9(c), 

and the General Counsel grants that 

request. 

Visit the Commission Web site at 

https://www.ftc.gov to read this 

document and the news release 

describing it. 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 on or before December 4, 2017. 

You can find more information, 

including routine uses permitted by the 

Privacy Act, in the Commission’s 

privacy policy, at: https://www.ftc.gov/ 

site-information/privacy-policy. 

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 November 24, 

2017, 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 November 30, 2019 (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 proposed 

amendments do not impose any new 

obligations on entities regulated by the 

Energy Labeling Rule. As explained 

elsewhere in this document, the 

proposed 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 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 proposed amendments 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules 52027 

will not have a significant economic 

impact on a substantial number of small 

entities. 

VI. 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 above, the 

Commission proposes to amend 16 CFR 

part 305 as follows: 

PART 305—ENERGY AND WATER USE 

LABELING FOR CONSUMER 

PRODUCTS UNDER THE ENERGY 

POLICY AND CONSERVATION ACT 

(‘‘ENERGY LABELING RULE’’) 

■ 1. The authority citation for Part 305 

continues to read as follows: 

Authority: 42 U.S.C. 6294. 

■ 2. In § 305.5, remove paragraph (c) 

and redesignate paragraph (d) as 

paragraph (c). 

■ 3. In § 305.8, revise paragraph (c) to 

read as follows: 

§ 305.8 Submission of data. 

* * * * * 

(c) All information required by 

paragraph (a)(1) through (a)(3) of this 

section must be submitted for new 

models prior to any distribution of such 

model. Models subject to design or 

retrofit alterations which change the 

data contained in any annual report 

shall be reported in the manner required 

for new models. Models which are 

discontinued shall be reported in the 

next annual report. 

■ 4. In § 305.10, paragraphs (a) and (b) 

are revised and paragraph (c)(3) is 

added 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, ceiling fans, fluorescent 

lamp ballasts, lamps, metal halide lamp 

fixtures, showerheads, faucets, water 

closets and urinals) shall be taken from 

the appropriate appendix to this part in 

effect at the time the labels are affixed 

to the product. The Commission shall 

publish revised ranges in the Federal 

Register in 2022. When the ranges are 

revised, all information disseminated 

after 90 days following the publication 

of the revision shall conform to the 

revised ranges. Products that have been 

labeled prior to the effective date of a 

modification under this section need 

not be relabeled. 

(b) Representative average unit energy 

cost. The Representative Average Unit 

Energy Cost to be used on labels as 

required by § 305.11 and disclosures as 

required by § 305.20 are listed in 

appendices K1 and K2 to this part. The 

Commission shall publish revised 

Representative Average Unit Energy 

Cost figures in the Federal Register in 

2022. When the cost figures are revised, 

all information disseminated after 90 

days following the publication of the 

revision shall conform to the new cost 

figure. 

(c) * * * 

(3) For refrigerator and refrigeratorfreezer labels: 

(i) If the model’s energy cost falls 

outside of either or both ranges on the 

label, include the language in paragraph 

(c)(2) of this section. 

(ii) If the model’s energy cost only 

falls outside of the range for models 

with similar features, but is within the 

range for all models, include the 

product on the scale and place a triangle 

below the dollar value. 

(iii) If the model’s energy cost falls 

outside of both ranges of comparability, 

omit the triangle beneath the yearly 

operating cost value. 

■ 5. Amend § 305.11 by republishing 

paragraph (d) introductory text and 

adding paragraph (d)(3) to read as 

follows: 

§ 305.11 Labeling for refrigerators, 

refrigerator-freezers, freezers, dishwashers, 

clothes washers, water heaters, room air 

conditioners, and pool heaters. 

* * * * * 

(d) Label types. Except as indicated in 

paragraph (d)(3) of this section, the 

labels must be affixed to the product in 

the form of an adhesive label or a hang 

tag as follows: 

* * * * * 

(3) Package labels for certain 

products. Labels for electric 

instantaneous water heaters shall be 

printed on or affixed to the product’s 

packaging in a conspicuous location. 

Labels for room air conditioners 

produced on or after October 1, 2018 

shall be printed on or affixed to the 

principal display panel of the product’s 

packaging. 

* * * * * 

■ 6. In § 305.12, revise paragraphs 

(g)(12)(ii), (g)(13)(ii), and (g)(14)(ii) to 

read as follows: 

§ 305.12 Labeling for central air 

conditioners, heat pumps, and furnaces. 

* * * * * 

(g) * * * 

(12) * * * 

(iii) A map appropriate for the model 

and accompanying text as illustrated in 

the sample label 7 in appendix L. 

* * * * * 

(13) * * * 

(ii) A map appropriate for the model 

and accompanying text as illustrated in 

the sample label 7 in appendix L. 

* * * * * 

(14) For any single-package air 

conditioner with a minimum EER below 

11.0, the label must contain the 

following regional standards 

information: 

(ii) A map appropriate for the model 

and accompanying text as illustrated in 

the sample label 7 in appendix L. 

* * * * * 

■ 7. Amend § 305.16 by removing 

paragraph (a)(5). 

■ 8. 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 ................................................................................................................................................................... $17 $27 


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■ 9. 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 .................................................................................................................................................................. $26 $40 

■ 10. 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/hr 

Range of estimated annual 

energy costs 

(dollars/year) 

Low High 

Without Reverse Cycle and with Louvered Sides: 

Less than 6,000 Btu ......................................................................................................................................... $40 $53 

6,000 to 7,999 Btu ............................................................................................................................................ 48 72 

8,000 to 13,999 Btu .......................................................................................................................................... 65 127 

14,000 to 19,999 Btu ........................................................................................................................................ 115 182 

20,000 and more Btu ........................................................................................................................................ 189 386 

Without Reverse Cycle and without Louvered Sides: 

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

6,000 to 7,999 Btu ............................................................................................................................................ 58 80 

8,000 to 13,999 Btu .......................................................................................................................................... 69 147 

14,000 to 19,999 Btu ........................................................................................................................................ 117 158 

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

With Reverse Cycle and with Louvered Sides ........................................................................................................ 68 238 

With Reverse Cycle, without Louvered Sides ......................................................................................................... * * 

* No sufficient data submitted. 

■ 11. Revise Appendices G1, G2, G3, 

G4, G5, G6, G7, and G8 to read as 

follows: 

Appendix G1 to Part 305—Furnaces— 

Gas 

Furnace type 

Range of annual fuel 

utilization efficiencies 

(AFUEs) 

Low High 

Non-Weatherized Gas Furnaces—All Capacities ................................................................................................... 80.0 98.7 

Weatherized Gas Furnaces—All Capacities ........................................................................................................... 81.0 95.0 

Appendix G2 to Part 305—Furnaces— 

Electric 

Furnace type 

Range of annual fuel 

utilization efficiencies 

(AFUEs) 

Low High 

Electric Furnaces—All Capacities ........................................................................................................................... 100.0 100.0 

Appendix G3 to Part 305—Furnaces— 

Oil 


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Type 

Range of annual fuel 

utilization efficiencies 

(AFUEs) 

Low High 

Non-Weatherized Oil Furnaces—All Capacities ...................................................................................................... 83.0 96.7 

Weatherized Oil Furnaces—All Capacities ............................................................................................................. 78.0 83.0 

Appendix G4 to Part 305—Mobile 

Home Furnaces—Gas 

Type 

Range of annual fuel 

utilization efficiencies 

(AFUEs) 

Low High 

Mobile Home Gas Furnaces—All Capacities .......................................................................................................... 80.0 97.3 

Appendix G5 to Part 305—Mobile 

Home Furnaces—Oil 

Type 

Range of annual fuel 

utilization efficiencies 

(AFUEs) 

Low High 

Mobile Home Oil Furnaces—All Capacities ............................................................................................................ 80.0 87.0 

Appendix G6 to Part 305—Boilers (Gas) 

Type 

Range of annual fuel 

utilization efficiencies 

(AFUEs) 

Low High 

Gas Boilers (except steam)—All Capacities ........................................................................................................... 82.0 96.8 

Gas Boilers (steam)—All Capacities ....................................................................................................................... 80.4 83.4 

Appendix G7 to Part 305—Boilers (Oil) 

Type 

Range of annual fuel 

utilization efficiencies 

(AFUEs) 

Low High 

Oil Boilers—All Capacities ....................................................................................................................................... 84.0 90.0 

Appendix G8 to Part 305—Boilers 

(Electric) 

Type 

Range of annual fuel 

utilization efficiencies 

(AFUEs) 

Low High 

Electric Boilers—All Capacities ............................................................................................................................... 100 100 

■ 12. Appendices J1 and J2 are revised 

to read as follows: 

Appendix J1 to Part 305—Pool 

Heaters—Gas 

Range Information 


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Manufacturer’s rated heating capacities 

Range of thermal efficiencies 

(percent) 

Natural gas Propane 

Low High Low High 

All capacities .................................................................................................... 82.0 96.0 82.0 96.0 

Appendix J2 to Part 305—Pool 

Heaters—Oil 

Manufacturer’s 

rated 

heating capacities 

Range of thermal 

efficiencies 

(percent) 

Low High 

All capacities ......... (*) (*) 

* No data submitted. 

■ 13. Appendix K to Part 305 is 

removed and Appendices K1 and K2 are 

added to read as follows: 

Appendix K1 to Part 305— 

Representative Average Unit Energy 

Costs for Refrigerators, RefrigeratorFreezers, Freezers, Clothes Washers, 

and Water Heater Labels 

This Table contains the representative unit 

energy costs that must be utilized to calculate 

estimated annual energy cost disclosures 

required under sections 305.11 and 305.20 

for refrigerators, refrigerator-freezers, 

freezers, clothes washers, and water heaters. 

This Table is based on information published 

by the U.S. Department of Energy in 2013. 

Type of energy In commonly used terms 

As required by 

DOE test 

procedure 

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

Natural Gas ............................................. $1.09/therm,4 $11.12/MCF 5 6 ................................................................................. $0.0000109/Btu. 

No. 2 heating oil ..................................... $3.80/gallon 7 .......................................................................................................... $0.00002740/Btu. 

Propane .................................................. $2.41/gallon 8 .......................................................................................................... $0.00002639/Btu. 

Kerosene ................................................. $4.21/gallon 9 .......................................................................................................... $ 0.00003119/Btu. 

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. 

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. 

Appendix K2 to Part 305— 

Representative Average Unit Energy 

Costs for Dishwasher and Room Air 

Conditioner Labels 

This Table contains the representative unit 

energy costs that must be utilized to calculate 

estimated annual energy cost disclosures 

required under sections 305.11 and 305.20 

for dishwashers and room air conditioners. 

This Table is based on information published 

by the U.S. Department of Energy in 2017. 

Type of energy In commonly used terms 

As required by 

DOE test 

procedure 

Electricity ................................................. ¢13.00/kWh 2 3 ........................................................................................................ $.1300/kWh. 

Natural Gas ............................................. $1.05/therm 4 or$10.86/MCF 5 6 .............................................................................. $0.00001052/Btu. 

No. 2 Heating Oil .................................... $2.59/gallon 7 .......................................................................................................... $0.00001883/Btu. 

Propane .................................................. $1.53/gallon 8 .......................................................................................................... $0.00001672/Btu. 

Kerosene ................................................. $3.01/gallon 9 .......................................................................................................... $0.00002232/Btu. 

1Btu stands for British thermal units. 

2 kWh stands for kilowatt hour. 

3 1 kWh = 3,412 Btu. 

4 1 therm = 100,000 Btu. 

5 MCF stands for 1,000 cubic feet. 

6For the purposes of this table, one cubic foot of natural gas has an energy equivalence of 1,032 Btu. 

7For the purposes of this table, one gallon of No. 2 heating oil has an energy equivalence of 137,561 Btu. 

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

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

* * * * * 

■ 14. In Appendix L, revise sample 

labels 3 and 4, add sample label 6, and 

revise sample labels 9, and 9A to read 

as follows: 

* * * * * 

BILLING CODE 6750–01–P 


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Dishwasher 

The estimated lime the 

Sample Label 3 
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* * * * * 


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U.S. Government Federal law removal of this label before consumer 

Room Air Conditioner 

Without Reverse 

With louvered Sides 

XYZ Corporation 

Modei12X4 

Capacity: 11,000 BTUs 

Estimated Yearly Energy Cost 

$90 

$65 $127 

Cost Range of Similar Models 

11.9 

Combined Energy Efficiency Ratio 

Your cost will depend on your utility rates and use. 

• Cost range based on models of similar r,.,.,.,.m, without reverse 

with louvered sides. 

• Estimated energy cost based on a national average cost of 13 

cents per kWh and a seasonal use of 8 hours a over a 3 month 

• For more visit 

Sample Label 4 
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98.7 

Sample Label 9A 
52036 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules 

* * * * * 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2017–24381 Filed 11–8–17; 8:45 am] 

BILLING CODE 6750–01–C 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 11 and 101 

[Docket No. FDA–2011–F–0172] 

Menu Labeling: Supplemental 

Guidance for Industry; Availability 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notification of availability. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

announcing the availability of a draft 

guidance for industry entitled ‘‘Menu 

Labeling: Supplemental Guidance for 

Industry.’’ The draft guidance, when 

finalized, will address concerns raised 

by stakeholders regarding the 

implementation of nutrition labeling 

required for foods sold in covered 

establishments. It includes expanded 

and new interpretations of policy, and 

identifies places where FDA intends to 

be more flexible in its approach. This 

draft guidance also includes many 

graphical depictions in order to convey 

our thinking on various topics and to 

provide examples of options for 

implementation. It addresses calorie 

disclosure signage for self-service foods, 

including buffets and grab-and-go foods; 

reasonable basis, and the criteria for 

considering the natural variation of 

foods; various methods for providing 

calorie disclosure information, 

including those for pizza; compliance 

and enforcement; and criteria for 

distinguishing between menus and 

other information presented to the 

consumer. 

DATES: Submit either electronic or 

written comments on the draft guidance 

by January 8, 2018 to ensure that the 

Agency considers your comment on the 

draft guidance before it begins work on 

the final version of the guidance. 

ADDRESSES: You may submit comments 

on any guidance at any time as follows: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments submitted electronically, 

including attachments, to https://

www.regulations.gov will be posted to 

the docket unchanged. Because your 

comment will be made public, you are 

solely responsible for ensuring that your 

comment does not include any 

confidential information that you or a 

third party may not wish to be posted, 

such as medical information, your or 

anyone else’s Social Security number, or 

confidential business information, such 

as a manufacturing process. Please note 

that if you include your name, contact 

information, or other information that 

identifies you in the body of your 

comments, that information will be 

posted on https://www.regulations.gov. 

• If you want to submit a comment 

with confidential information that you 

do not wish to be made available to the 

public, submit the comment as a 

written/paper submission and in the 

manner detailed (see ‘‘Written/Paper 

Submissions’’ and ‘‘Instructions’’). 

Written/Paper Submissions 

Submit written/paper submissions as 

follows: 

• Mail/Hand delivery/Courier (for 

written/paper submissions): Dockets 

Management Staff (HFA–305), Food and 

Drug Administration, 5630 Fishers 

Lane, Rm. 1061, Rockville, MD 20852. 

• For written/paper comments 

submitted to the Dockets Management 

Staff, FDA will post your comment, as 

well as any attachments, except for 

information submitted, marked and 

identified, as confidential, if submitted 

as detailed in ‘‘Instructions.’’ 

Instructions: All submissions received 

must include the Docket No. FDA– 

2011–F–0172 for ‘‘Menu Labeling: 

Supplemental Guidance for Industry.’’ 

Received comments will be placed in 

the docket and, except for those 

submitted as ‘‘Confidential 

Submissions,’’ publicly viewable at 

https://www.regulations.gov or at the 

Dockets Management Staff between 9 

a.m. and 4 p.m., Monday through 

Friday. 

• Confidential Submissions—To 

submit a comment with confidential 

information that you do not wish to be 

made publicly available, submit your 

comments only as a written/paper 

submission. You should submit two 

copies total. One copy will include the 

information you claim to be confidential 

with a heading or cover note that states 

‘‘THIS DOCUMENT CONTAINS 

CONFIDENTIAL INFORMATION.’’ We 

will review this copy, including the 

claimed confidential information, in our 

consideration of comments. The second 

copy, which will have the claimed 

confidential information redacted/ 

blacked out, will be available for public 

viewing and posted on https://

www.regulations.gov. Submit both 

copies to the Dockets Management Staff. 

If you do not wish your name and 

contact information to be made publicly 

available, you can provide this 

information on the cover sheet and not 

in the body of your comments and you 

must identify this information as 

‘‘confidential.’’ Any information marked 

as ‘‘confidential’’ will not be disclosed 

except in accordance with 21 CFR 10.20 

and other applicable disclosure law. For 

more information about FDA’s posting 

of comments to public dockets, see 80 

FR 56469, September 18, 2015, or access 

the information at: https://www.gpo.gov/ 

fdsys/pkg/FR-2015-09-18/pdf/2015- 

23389.pdf. 

Docket: For access to the docket to 

read background documents or the 

electronic and written/paper comments 

received, go to https://

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Dockets Management 

Staff, 5630 Fishers Lane, Rm. 1061, 

Rockville, MD 20852. 

You may submit comments on any 

guidance at any time (see 21 CFR 

10.115(g)(5)). 

Submit written requests for single 

copies of the draft guidance to the Office 

of Nutrition and Food Labeling, HFS– 

800, Center for Food Safety and Applied 

Nutrition, Food and Drug 

Administration, 5001 Campus Dr., 

College Park, MD 20740. Send two selfaddressed adhesive labels to assist that 

office in processing your request. See 

the SUPPLEMENTARY INFORMATION section 

for electronic access to the draft 

guidance. 

FOR FURTHER INFORMATION CONTACT: 

Ashley Rulffes, Center for Food Safety 

and Applied Nutrition (HFS–820), Food 

and Drug Administration, 5001 Campus 

Dr., College Park, MD 20740, 240–402– 

2371. 

SUPPLEMENTARY INFORMATION: 

I. Background 

We are announcing the availability of 

a draft guidance for industry entitled 

‘‘Menu Labeling Supplemental 

Guidance for Industry.’’ We are issuing 

the draft guidance consistent with our 

good guidance practices regulation (21 

CFR 10.115). The draft guidance, when 

finalized, will represent the current 

thinking of FDA on this topic. It does 

not establish any rights for any person, 

and is not binding on FDA or the public. 

You can use an alternate approach if it 

satisfies the requirements of the 


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