82 FR 52024 - Energy Labeling Rule
FEDERAL TRADE COMMISSION Federal Register Volume 82, Issue 216 (November 9, 2017)
Federal Register Volume 82, Issue 216 (November 9, 2017)
| Page Range | 52024-52036 | |
| FR Document | 2017-24381 |
[Federal Register Volume 82, Number 216 (Thursday, November 9, 2017)] [Proposed Rules] [Pages 52024-52036] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24381] ======================================================================= ----------------------------------------------------------------------- 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 [[Page 52025]] 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \3\ 16 CFR 305.10. \4\ 16 CFR 305.10. --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \5\ The 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). --------------------------------------------------------------------------- A. Comparability Range and Energy Cost Revisions In accordance with the Rule's five-year 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\ --------------------------------------------------------------------------- \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''). \8\ Applicable 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. --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \9\ See 81 FR 63634 (Sept. 15, 2016) (new range information for refrigerators and freezers, water heaters, and central air conditioners effective June 12, 2017); 81 FR 7201 (Feb. 11, 2016) (new ranges for clothes washers effective May 11, 2016); and 80 FR 16259 (Mar. 27, 2015) (updated ranges for televisions effective July 15, 2015). \10\ The Commission followed a similar approach during the last cycle of range and cost updates. See 78 FR 1779 (Jan. 9, 2013). --------------------------------------------------------------------------- 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 [[Page 52026]] 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 (Sec. 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 (Sec. 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. --------------------------------------------------------------------------- \11\ The 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). --------------------------------------------------------------------------- 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 [[Page 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'') 0 1. The authority citation for Part 305 continues to read as follows: Authority: 42 U.S.C. 6294. 0 2. In Sec. 305.5, remove paragraph (c) and redesignate paragraph (d) as paragraph (c). 0 3. In Sec. 305.8, revise paragraph (c) to read as follows: Sec. 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. 0 4. In Sec. 305.10, paragraphs (a) and (b) are revised and paragraph (c)(3) is added to read as follows: Sec. 305.10 Ranges of comparability on the required labels. (a) Range of estimated annual energy costs or energy efficiency ratings. The range of estimated annual operating costs or energy efficiency ratings for each covered product (except televisions, ceiling fans, fluorescent lamp ballasts, lamps, metal halide lamp fixtures, showerheads, faucets, water closets and urinals) shall be taken from the appropriate appendix to this part in effect at the time the labels are affixed to the product. The Commission shall publish revised ranges in the Federal Register in 2022. When the ranges are revised, all information disseminated after 90 days following the publication of the revision shall conform to the revised ranges. Products that have been labeled prior to the effective date of a modification under this section need not be relabeled. (b) Representative average unit energy cost. The Representative Average Unit Energy Cost to be used on labels as required by Sec. 305.11 and disclosures as required by Sec. 305.20 are listed in appendices K1 and K2 to this part. The Commission shall publish revised Representative Average Unit Energy Cost figures in the Federal Register in 2022. When the cost figures are revised, all information disseminated after 90 days following the publication of the revision shall conform to the new cost figure. (c) * * * (3) For refrigerator and refrigerator-freezer labels: (i) If the model's energy cost falls outside of either or both ranges on the label, include the language in paragraph (c)(2) of this section. (ii) If the model's energy cost only falls outside of the range for models with similar features, but is within the range for all models, include the product on the scale and place a triangle below the dollar value. (iii) If the model's energy cost falls outside of both ranges of comparability, omit the triangle beneath the yearly operating cost value. 0 5. Amend Sec. 305.11 by republishing paragraph (d) introductory text and adding paragraph (d)(3) to read as follows: Sec. 305.11 Labeling for refrigerators, refrigerator-freezers, freezers, dishwashers, clothes washers, water heaters, room air conditioners, and pool heaters. * * * * * (d) Label types. Except as indicated in paragraph (d)(3) of this section, the labels must be affixed to the product in the form of an adhesive label or a hang tag as follows: * * * * * (3) Package labels for certain products. Labels for electric instantaneous water heaters shall be printed on or affixed to the product's packaging in a conspicuous location. Labels for room air conditioners produced on or after October 1, 2018 shall be printed on or affixed to the principal display panel of the product's packaging. * * * * * 0 6. In Sec. 305.12, revise paragraphs (g)(12)(ii), (g)(13)(ii), and (g)(14)(ii) to read as follows: Sec. 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. * * * * * 0 7. Amend Sec. 305.16 by removing paragraph (a)(5). 0 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. ------------------------------------------------------------------------ Range of estimated annual energy costs (dollars/year) Capacity ------------------------------- Low High ------------------------------------------------------------------------ Compact................................. $17 $27 ------------------------------------------------------------------------ [[Page 52028]] 0 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. ------------------------------------------------------------------------ Range of estimated annual energy costs (dollars/year) Capacity ------------------------------- Low High ------------------------------------------------------------------------ Standard................................ $26 $40 ------------------------------------------------------------------------ 0 10. Appendix E to Part 305 is revised to read as follows: Appendix E to Part 305--Room Air Conditioners Range Information ------------------------------------------------------------------------ Range of estimated annual Manufacturer's rated cooling capacity in energy costs (dollars/year) Btu's/hr ------------------------------- Low High ------------------------------------------------------------------------ Without Reverse Cycle and with Louvered Sides: Less than 6,000 Btu................. $40 $53 6,000 to 7,999 Btu.................. 48 72 8,000 to 13,999 Btu................. 65 127 14,000 to 19,999 Btu................ 115 182 20,000 and more Btu................. 189 386 Without Reverse Cycle and without Louvered Sides: Less than 6,000 Btu................. * * 6,000 to 7,999 Btu.................. 58 80 8,000 to 13,999 Btu................. 69 147 14,000 to 19,999 Btu................ 117 158 20,000 and more Btu................. * * With Reverse Cycle and with Louvered 68 238 Sides.................................. With Reverse Cycle, without Louvered * * Sides.................................. ------------------------------------------------------------------------ * No sufficient data submitted. 0 11. Revise Appendices G1, G2, G3, G4, G5, G6, G7, and G8 to read as follows: Appendix G1 to Part 305--Furnaces--Gas ------------------------------------------------------------------------ Range of annual fuel utilization efficiencies Furnace type (AFUEs) ------------------------------- Low High ------------------------------------------------------------------------ Non-Weatherized Gas Furnaces--All 80.0 98.7 Capacities............................. Weatherized Gas Furnaces--All Capacities 81.0 95.0 ------------------------------------------------------------------------ Appendix G2 to Part 305--Furnaces--Electric ------------------------------------------------------------------------ Range of annual fuel utilization efficiencies (AFUEs) Furnace type --------------------------------- Low High ------------------------------------------------------------------------ Electric Furnaces--All Capacities..... 100.0 100.0 ------------------------------------------------------------------------ Appendix G3 to Part 305--Furnaces--Oil [[Page 52029]] ------------------------------------------------------------------------ Range of annual fuel utilization efficiencies Type (AFUEs) ------------------------------- Low High ------------------------------------------------------------------------ Non-Weatherized Oil Furnaces--All 83.0 96.7 Capacities............................. Weatherized Oil Furnaces--All Capacities 78.0 83.0 ------------------------------------------------------------------------ Appendix G4 to Part 305--Mobile Home Furnaces--Gas ------------------------------------------------------------------------ Range of annual fuel utilization efficiencies Type (AFUEs) ------------------------------- Low High ------------------------------------------------------------------------ Mobile Home Gas Furnaces--All Capacities 80.0 97.3 ------------------------------------------------------------------------ Appendix G5 to Part 305--Mobile Home Furnaces--Oil ------------------------------------------------------------------------ Range of annual fuel utilization efficiencies Type (AFUEs) ------------------------------- Low High ------------------------------------------------------------------------ Mobile Home Oil Furnaces--All Capacities 80.0 87.0 ------------------------------------------------------------------------ Appendix G6 to Part 305--Boilers (Gas) ------------------------------------------------------------------------ Range of annual fuel utilization efficiencies Type (AFUEs) ------------------------------- Low High ------------------------------------------------------------------------ Gas Boilers (except steam)--All 82.0 96.8 Capacities............................. Gas Boilers (steam)--All Capacities..... 80.4 83.4 ------------------------------------------------------------------------ Appendix G7 to Part 305--Boilers (Oil) ------------------------------------------------------------------------ Range of annual fuel utilization efficiencies Type (AFUEs) ------------------------------- Low High ------------------------------------------------------------------------ Oil Boilers--All Capacities............. 84.0 90.0 ------------------------------------------------------------------------ Appendix G8 to Part 305--Boilers (Electric) ------------------------------------------------------------------------ Range of annual fuel utilization efficiencies Type (AFUEs) ------------------------------- Low High ------------------------------------------------------------------------ Electric Boilers--All Capacities........ 100 100 ------------------------------------------------------------------------ 0 12. Appendices J1 and J2 are revised to read as follows: Appendix J1 to Part 305--Pool Heaters--Gas Range Information [[Page 52030]] ---------------------------------------------------------------------------------------------------------------- Range of thermal efficiencies (percent) --------------------------------------------------------------- Manufacturer's rated heating capacities Natural gas Propane --------------------------------------------------------------- Low High Low High ---------------------------------------------------------------------------------------------------------------- All capacities.................................. 82.0 96.0 82.0 96.0 ---------------------------------------------------------------------------------------------------------------- Appendix J2 to Part 305--Pool Heaters--Oil ------------------------------------------------------------------------ Range of thermal efficiencies (percent) Manufacturer's rated heating capacities ------------------------- Low High ------------------------------------------------------------------------ All capacities................................ (*) (*) ------------------------------------------------------------------------ * No data submitted. 0 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, Refrigerator-Freezers, Freezers, Clothes Washers, and Water Heater Labels This Table contains the representative unit energy costs that must be utilized to calculate estimated annual energy cost disclosures required under 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.............................. [cent]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. ---------------------------------------------------------------------------------------------------------------- \1\ Btu stands for British thermal unit. \2\ kWh stands for kiloWatt hour. \3\ 1 kWh = 3,412 Btu. \4\ 1 therm = 100,000 Btu. Natural gas prices include taxes. \5\ MCF stands for 1,000 cubic feet. \6\ For the purposes of this table, 1 cubic foot of natural gas has an energy equivalence of 1,023 Btu. \7\ For the purposes of this table, 1 gallon of No. 2 heating oil has an energy equivalence of 138,690 Btu. \8\ For the purposes of this table, 1 gallon of liquid propane has an energy equivalence of 91,333 Btu. \9\ For the purposes of this table, 1 gallon of kerosene has an energy equivalence of 135,000 Btu. Appendix K2 to Part 305--Representative Average Unit Energy Costs for Dishwasher and Room Air Conditioner Labels This Table contains the representative unit energy costs that must be utilized to calculate estimated annual energy cost disclosures required under 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.............................. [cent]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. ---------------------------------------------------------------------------------------------------------------- \1\ Btu 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. \6\ For the purposes of this table, one cubic foot of natural gas has an energy equivalence of 1,032 Btu. \7\ For the purposes of this table, one gallon of No. 2 heating oil has an energy equivalence of 137,561 Btu. \8\ For the purposes of this table, one gallon of liquid propane has an energy equivalence of 91,333 Btu. \9\ For the purposes of this table, one gallon of kerosene has an energy equivalence of 135,000 Btu. * * * * * 0 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 [[Page 52031]] [GRAPHIC] [TIFF OMITTED] TP09NO17.017 * * * * * [[Page 52032]] [GRAPHIC] [TIFF OMITTED] TP09NO17.018 * * * * * [[Page 52033]] [GRAPHIC] [TIFF OMITTED] TP09NO17.019 * * * * * [[Page 52034]] [GRAPHIC] [TIFF OMITTED] TP09NO17.020 * * * * * [[Page 52035]] [GRAPHIC] [TIFF OMITTED] TP09NO17.021 [[Page 52036]] * * * * * 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
![52024 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules
3. Will not affect intrastate aviation in (e) Reason by the Manager, International Section,
Alaska; and This AD was prompted by in-service Transport Standards Branch, FAA; or EASA;
experience and further analysis, which or Airbus’s EASA Design Organization
4. Will not have a significant Approval (DOA). If approved by the DOA,
economic impact, positive or negative, showed that the galley 5 without kick-load
retainers was unable to withstand the the approval must include the DOA-
on a substantial number of small entities authorized signature.
expected loading during several flight phases
under the criteria of the Regulatory or in case of emergency landing. We are
Flexibility Act. (i) Related Information
issuing this AD to prevent galley/trolley
detachment and collapse into an adjacent (1) Refer to Mandatory Continuing
List of Subjects in 14 CFR Part 39 Airworthiness Information (MCAI) EASA
cabin aisle or cabin zone, possibly spreading
loose galley equipment items, compartment Airworthiness Directive 2016–0040, dated
Air transportation, Aircraft, Aviation March 2, 2016, for related information. This
safety, Incorporation by reference, doors, or leaking fluids. These hazards could
block an evacuation route and result in injury MCAI may be found in the AD docket on the
Safety. Internet at http://www.regulations.gov by
to crew or passengers.
The Proposed Amendment searching for and locating Docket No. FAA–
(f) Compliance 2016–9519.
Accordingly, under the authority Comply with this AD within the (2) For more information about this AD,
delegated to me by the Administrator, compliance times specified, unless already contact Sanjay Ralhan, Aerospace Engineer,
the FAA proposes to amend 14 CFR part done. International Section, Transport Standards
Branch, FAA, 1601 Lind Avenue SW.,
39 as follows: (g) Install Kick-Load Retainers Renton, WA 98057–3356; telephone 425–
Within 12 months after the effective date 227–1405; fax 425–227–1149.
PART 39—AIRWORTHINESS
of this AD, install kick-load retainers on the (3) For service information identified in
DIRECTIVES galley 5 trolley compartments as specified in this AD, contact Airbus, Airworthiness
paragraph (g)(1), (g)(2), or (g)(3) of this AD, Office—EIAS, 1 Rond Point Maurice
■ 1. The authority citation for part 39 as applicable. For airplanes on which galley Bellonte, 31707 Blagnac Cedex, France;
continues to read as follows: 5 is not installed, no action is required by telephone +33 5 61 93 36 96; fax +33 5 61
Authority: 49 U.S.C. 106(g), 40113, 44701. this paragraph. 93 44 51; email account.airworth-eas@
(1) For Airbus Model A319–115 airplanes, airbus.com; Internet http://www.airbus.com.
§ 39.13 [Amended] manufacturer’s serial numbers 5678, 5698, You may view this service information at the
5704, 5745, 5753, 5761, 5781, 5786, 5788, FAA, Transport Standards Branch, 1601 Lind
■ 2. The FAA amends § 39.13 by adding 5789, 5798, 5810, 5827, and 5842, do the Avenue SW., Renton, WA. For information
the following new airworthiness installation in accordance with the on the availability of this material at the
directive (AD): Accomplishment Instructions of Airbus FAA, call 425–227–1221.
Airbus: Docket No. FAA–2016–9519; Product Service Bulletin A320–25–1B29, dated June
Issued in Renton, Washington, on October
Identifier 2016–NM–099–AD. 19, 2014.
11, 2017.
(2) For Airbus Model A320–232 airplanes,
(a) Comments Due Date manufacturer’s serial numbers 5458, 5517, Dionne Palermo,
We must receive comments by December 5624, and 5804, do the installation in Acting Director, System Oversight Division,
26, 2017. accordance with the Accomplishment Aircraft Certification Service.
Instructions of Airbus Service Bulletin A320– [FR Doc. 2017–22556 Filed 11–8–17; 8:45 am]
(b) Affected ADs 25–1B30, dated June 19, 2014. BILLING CODE 4910–13–P
None. (3) For airplanes not identified in
paragraph (g)(1) or (g)(2) of this AD, do the
(c) Applicability installation using a method approved by the
This AD applies to Airbus Model A319– Manager, International Section, Transport FEDERAL TRADE COMMISSION
112, A319–115, A320–214, A320–232, and Standards Branch, FAA; or the European
A321–211 airplanes, certificated in any Aviation Safety Agency (EASA); or Airbus’s 16 CFR Part 305
category, manufacturer’s serial numbers EASA Design Organization Approval (DOA).
[RIN 3084–AB15]
1479, 3096, 3693, 3713, 3739, 3791, 3896,
(h) Other FAA AD Provisions
3902, 3907, 3931, 3949, 3969, 4030, 4045,
4049, 4059, 4066, 4077, 4083, 4124, 4146, The following provisions also apply to this Energy Labeling Rule
4158, 4188, 4198, 4206, 4209, 4218, 4235, AD: AGENCY: Federal Trade Commission
4255, 4264, 4304, 4321, 4371, 4374, 4395, (1) Alternative Methods of Compliance
(AMOCs): The Manager, International
(‘‘FTC’’ or ‘‘Commission’’).
4411, 4417, 4431, 4485, 4492, 4502, 4528,
4541, 4548, 4592, 4595, 4638, 4651, 4669, Section, Transport Standards Branch, FAA, ACTION: Notice of Proposed Rulemaking.
4703, 4724, 4737, 4746, 4770, 4780, 4783, has the authority to approve AMOCs for this
4826, 4827, 4860, 4863, 4865, 4902, 4934, AD, if requested using the procedures found SUMMARY: The Commission proposes to
4945, 4951, 4952, 4971, 4996, 5023, 5029, in 14 CFR 39.19. In accordance with 14 CFR amend the Energy Labeling Rule
5042, 5088, 5095, 5132, 5159, 5164, 5171, 39.19, send your request to your principal (‘‘Rule’’) by updating ranges of
5175, 5192, 5210, 5227, 5241, 5247, 5251, inspector or local Flight Standards District comparability and unit energy cost
5275, 5277, 5297, 5306, 5340, 5343, 5348, Office, as appropriate. If sending information figures on EnergyGuide labels for
5356, 5366, 5370, 5385, 5387, 5392, 5396, directly to the International Section, send it dishwashers, furnaces, room air
5400, 5407, 5418, 5427, 5438, 5456, 5458, to the attention of the person identified in
conditioners, and pool heaters. The
5469, 5495, 5517, 5555, 5624, 5674, 5678, paragraph (i)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOC- Commission also proposes to set a
5698, 5699, 5704, 5709, 5714, 5791, 5745,
5753, 5761, 5781, 5786, 5788, 5789, 5798, REQUESTS@faa.gov. Before using any compliance date for EnergyGuide labels
sradovich on DSK3GMQ082PROD with PROPOSALS
5804, 5810, 5821, 5827, 5842, 5874, 5882, approved AMOC, notify your appropriate on room air conditioner boxes.
5889, 5903, 5907, 5916, 5924, 5958, 5984, principal inspector, or lacking a principal DATES: Comments must be received by
5994, 6000, 6004, 6054, 6080, 6107, 6166, inspector, the manager of the local flight December 4, 2017.
6176, 6234, 6266, 6293, 6335, 6344, 6365, standards district office/certificate holding
ADDRESSES: Interested parties may file a
6430, and 6444. district office.
(2) Contacting the Manufacturer: For any comment online or on paper by
(d) Subject requirement in this AD to obtain corrective following the instructions in the
Air Transport Association (ATA) of actions from a manufacturer, the action must Request for Comment part of the
America Code 25, Equipment/furnishings. be accomplished using a method approved SUPPLEMENTARY INFORMATION section
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![52036 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Proposed Rules
* * * * * Comments submitted electronically, blacked out, will be available for public
By direction of the Commission. including attachments, to https:// viewing and posted on https://
Donald S. Clark, www.regulations.gov will be posted to www.regulations.gov. Submit both
the docket unchanged. Because your copies to the Dockets Management Staff.
Secretary.
comment will be made public, you are If you do not wish your name and
[FR Doc. 2017–24381 Filed 11–8–17; 8:45 am]
solely responsible for ensuring that your contact information to be made publicly
BILLING CODE 6750–01–C comment does not include any available, you can provide this
confidential information that you or a information on the cover sheet and not
third party may not wish to be posted, in the body of your comments and you
DEPARTMENT OF HEALTH AND such as medical information, your or must identify this information as
HUMAN SERVICES anyone else’s Social Security number, or ‘‘confidential.’’ Any information marked
confidential business information, such as ‘‘confidential’’ will not be disclosed
Food and Drug Administration as a manufacturing process. Please note except in accordance with 21 CFR 10.20
that if you include your name, contact and other applicable disclosure law. For
21 CFR Parts 11 and 101 information, or other information that more information about FDA’s posting
[Docket No. FDA–2011–F–0172] identifies you in the body of your of comments to public dockets, see 80
comments, that information will be FR 56469, September 18, 2015, or access
Menu Labeling: Supplemental posted on https://www.regulations.gov. the information at: https://www.gpo.gov/
Guidance for Industry; Availability • If you want to submit a comment fdsys/pkg/FR-2015-09-18/pdf/2015-
with confidential information that you 23389.pdf.
AGENCY: Food and Drug Administration,
do not wish to be made available to the Docket: For access to the docket to
HHS. public, submit the comment as a
ACTION: Notification of availability. read background documents or the
written/paper submission and in the electronic and written/paper comments
SUMMARY: The Food and Drug manner detailed (see ‘‘Written/Paper received, go to https://
Administration (FDA or we) is Submissions’’ and ‘‘Instructions’’). www.regulations.gov and insert the
announcing the availability of a draft Written/Paper Submissions docket number, found in brackets in the
guidance for industry entitled ‘‘Menu heading of this document, into the
Submit written/paper submissions as ‘‘Search’’ box and follow the prompts
Labeling: Supplemental Guidance for
follows: and/or go to the Dockets Management
Industry.’’ The draft guidance, when • Mail/Hand delivery/Courier (for
finalized, will address concerns raised Staff, 5630 Fishers Lane, Rm. 1061,
written/paper submissions): Dockets
by stakeholders regarding the Rockville, MD 20852.
Management Staff (HFA–305), Food and
implementation of nutrition labeling You may submit comments on any
Drug Administration, 5630 Fishers
required for foods sold in covered guidance at any time (see 21 CFR
Lane, Rm. 1061, Rockville, MD 20852.
establishments. It includes expanded 10.115(g)(5)).
• For written/paper comments
and new interpretations of policy, and Submit written requests for single
submitted to the Dockets Management
identifies places where FDA intends to copies of the draft guidance to the Office
Staff, FDA will post your comment, as
be more flexible in its approach. This of Nutrition and Food Labeling, HFS–
well as any attachments, except for
draft guidance also includes many 800, Center for Food Safety and Applied
information submitted, marked and
graphical depictions in order to convey Nutrition, Food and Drug
identified, as confidential, if submitted
our thinking on various topics and to Administration, 5001 Campus Dr.,
as detailed in ‘‘Instructions.’’
provide examples of options for Instructions: All submissions received College Park, MD 20740. Send two self-
implementation. It addresses calorie must include the Docket No. FDA– addressed adhesive labels to assist that
disclosure signage for self-service foods, 2011–F–0172 for ‘‘Menu Labeling: office in processing your request. See
including buffets and grab-and-go foods; Supplemental Guidance for Industry.’’ the SUPPLEMENTARY INFORMATION section
reasonable basis, and the criteria for Received comments will be placed in for electronic access to the draft
considering the natural variation of the docket and, except for those guidance.
foods; various methods for providing submitted as ‘‘Confidential FOR FURTHER INFORMATION CONTACT:
calorie disclosure information, Submissions,’’ publicly viewable at Ashley Rulffes, Center for Food Safety
including those for pizza; compliance https://www.regulations.gov or at the and Applied Nutrition (HFS–820), Food
and enforcement; and criteria for Dockets Management Staff between 9 and Drug Administration, 5001 Campus
distinguishing between menus and a.m. and 4 p.m., Monday through Dr., College Park, MD 20740, 240–402–
other information presented to the Friday. 2371.
consumer. • Confidential Submissions—To SUPPLEMENTARY INFORMATION:
DATES: Submit either electronic or submit a comment with confidential
information that you do not wish to be I. Background
written comments on the draft guidance
by January 8, 2018 to ensure that the made publicly available, submit your We are announcing the availability of
Agency considers your comment on the comments only as a written/paper a draft guidance for industry entitled
draft guidance before it begins work on submission. You should submit two ‘‘Menu Labeling Supplemental
the final version of the guidance. copies total. One copy will include the Guidance for Industry.’’ We are issuing
information you claim to be confidential the draft guidance consistent with our
sradovich on DSK3GMQ082PROD with PROPOSALS
ADDRESSES: You may submit comments
on any guidance at any time as follows: with a heading or cover note that states good guidance practices regulation (21
‘‘THIS DOCUMENT CONTAINS CFR 10.115). The draft guidance, when
Electronic Submissions CONFIDENTIAL INFORMATION.’’ We finalized, will represent the current
Submit electronic comments in the will review this copy, including the thinking of FDA on this topic. It does
following way: claimed confidential information, in our not establish any rights for any person,
• Federal eRulemaking Portal: consideration of comments. The second and is not binding on FDA or the public.
https://www.regulations.gov. Follow the copy, which will have the claimed You can use an alternate approach if it
instructions for submitting comments. confidential information redacted/ satisfies the requirements of the
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Document Created: 2018-10-25 10:30:17
Document Modified: 2018-10-25 10:30:17
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of Proposed Rulemaking. | |
| Dates | Comments must be received by December 4, 2017. | |
| 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. | |
| FR Citation | 82 FR 52024 | |
| CFR Associated | Advertising; Energy Conservation; Household Appliances; Labeling and Reporting and Recordkeeping Requirements |
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