83_FR_7629 83 FR 7593 - Energy Labeling Rule

83 FR 7593 - Energy Labeling Rule

FEDERAL TRADE COMMISSION

Federal Register Volume 83, Issue 36 (February 22, 2018)

Page Range7593-7608
FR Document2018-03665

The Commission amends 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 sets a compliance date of October 1, 2019 for EnergyGuide labels on room air conditioner boxes and makes several minor clarifications and corrections to the Rule.

Federal Register, Volume 83 Issue 36 (Thursday, February 22, 2018)
[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Rules and Regulations]
[Pages 7593-7608]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03665]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / 
Rules and Regulations

[[Page 7593]]



FEDERAL TRADE COMMISSION

16 CFR Part 305

RIN 3084-AB15


Energy Labeling Rule

AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').

ACTION: Final rule.

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SUMMARY: The Commission amends 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 sets a compliance date of October 
1, 2019 for EnergyGuide labels on room air conditioner boxes and makes 
several minor clarifications and corrections to the Rule.

DATES: The amendments are effective May 23, 2018.

ADDRESSES: Relevant portions of the record of this proceeding, 
including this document, are available at http://www.ftc.gov.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326-2889, 
Attorney, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, Room 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.
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    \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.
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    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 websites 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. The Rule also sets a five-year 
schedule for updating comparability range and annual energy cost 
information.\3\
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    \3\ 16 CFR 305.10.
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II. Proposed Amendments

    In a November 9, 2017 Notice of Proposed Rulemaking (NPRM), the 
Commission sought comment on proposed updates to the Rule's 
comparability ranges and amendments to set a compliance date for 
EnergyGuide labels on room air conditioner boxes. The Commission 
received 10 comments in response.\4\ After reviewing the comments, the 
Commission now issues final amendments addressing these issues.
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    \4\ See 82 FR 52024. The comments received in response to the 
NPRM are here: https://www.ftc.gov/policy/public-comments/2017/12/initiative-730. The comments included: Air-Conditioning, Heating, 
and Refrigeration Institute (AHRI) (#00006); American Public Gas 
Association (APGA) (#00007); National Electrical Manufacturers 
Association (NEMA) (#00008); Association of Home Appliance 
Manufacturers (AHAM) (#00009); Earthjustice (``Joint Commenters'') 
(#00010); Grear (#00011); Kremer (#00005); O'Hare (#00004); Castillo 
(#00003); and Chambers (#00002).
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III. Final Amendments

A. Comparability Range and Energy Cost Revisions

    Background: In the NPRM, the Commission proposed revisions to the 
comparability range and energy cost information for dishwashers, 
furnaces, pool heaters, and room air conditioners.\5\ The comparability 
ranges (i.e., scales) show the highest and lowest energy costs or 
energy efficiency ratings of models similar to the labeled product. The 
Commission derives these ranges from annual data submitted by 
manufacturers. In addition, the Commission proposed 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.\6\ The Commission also proposed amending 
the energy cost tables in Appendix K to clarify the cost applicable to 
various covered products.\7\ To effect these changes, the Commission 
proposed amending the applicable tables in the Rule's appendices. Under 
the Rule (Sec.  305.10), manufacturers must begin using this new 
information on product labels within 90 days after publication of the 
updated tables.
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    \5\ 16 CFR 305.10. This document also updates 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.
    \6\ 82 FR 21213 (May 5, 2017) (DOE notice for ``Representative 
Average Unit Costs of Energy'').
    \7\ Applicable energy cost figures for ceiling fans, lighting 
products, and televisions appear in Sec. Sec.  305.13 (effective 
September 17, 2018), 305.15, and 305.17 respectively.
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    The Commission did not propose amending the range and cost 
information for EnergyGuide labels for refrigerators, freezers, clothes 
washers, water heaters, central air conditioners, and televisions 
because the Commission has recently updated label information for these 
products.\8\ The Commission explained in the NPRM that changing labels 
for these products so soon would unnecessarily burden manufacturers

[[Page 7594]]

and potentially confuse consumers by introducing new label information 
in the marketplace.\9\
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    \8\ 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).
    \9\ The Commission followed a similar approach during the last 
cycle of range and cost updates. See 78 FR 1779 (Jan. 9, 2013).
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    Comments: Though commenters generally supported the updated ranges, 
AHRI and O'Hare recommended minor changes. Specifically, AHRI noted 
that the new range for oil-fired boilers should reflect several models 
rated at an Annual Fuel Utilization Efficiency (AFUE) of 82.0. O'Hare 
suggested the upper end of the pool heater thermal efficiency range on 
the sample label be 96.0 to reflect the amended table in Appendix J1.
    In addition, several energy efficiency and consumer organizations 
(the ``Joint Commenters'') recommended new ranges for clothes washers. 
They explained that new DOE standards, which become effective in 
January 2018, will significantly change the lower end of the ranges for 
these products (for both standard and compact capacity categories) by 
removing many existing lower efficiency models from the market. In the 
Joint Commenters' view, delay in updating the ranges will result in 
ranges that include products no longer manufactured, thus misleading 
consumers about the efficiency and operating costs of models in 
production. The commenters also argued that such inaccurate ranges 
would violate EPCA's directive (see 42 U.S.C. 6294(c)(1)(B)) to provide 
range information for ``covered products to which the rule applies.''
    Discussion: The Commission amends the Rule to implement the updates 
proposed in the NPRM and the minor changes suggested by the commenters. 
The Commission, however, does not update the clothes washer ranges at 
this time. Because the Commission updated the range data for clothes 
washer labels in 2016 (81 FR 7201 (Feb. 11, 2016)), it is reluctant to 
change the labels again after such a short interval because it would 
create inconsistent labels for consumers during the transition and 
unnecessarily burden manufacturers. However, the Commission will review 
new clothes washer data in light of the new DOE 2018 standards and 
consider whether to propose updating the ranges.
    The Commission does not agree with the Joint Commenters that the 
current ranges violate EPCA's directive to provide range information 
for ``covered products to which the rule applies.'' The Commission 
interprets this statutory instruction, together with the directive in 
42 U.S.C. 6294(c)(2)(B), as applying to general product types (i.e., 
categories), not to individual models. Furthermore, models frequently 
appear in the market that may fall outside of the Rule's current range, 
and the statute contains no requirement for the Commission to update 
ranges continuously. Indeed, the law prohibits the Commission from 
updating ranges more often than annually.\10\
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    \10\ 42 U.S.C. 6296(c).
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B. Room Air Conditioner Labels on Packages

    Background: In the NPRM, the Commission proposed a compliance date 
for changes to room air conditioner labels. In 2015, the Commission 
announced final amendments requiring labels on room air conditioner 
boxes and replacing 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. The Commission 
then proposed a compliance date of October 1, 2018, explaining that 
October coincides with the beginning of the industry's annual 
production cycle (i.e., the cooling season).
    Comments: AHAM generally supported the change from EER to CEER, as 
well as the transition to labels on product boxes. However, it urged 
the Commission to provide additional time for this transition. 
Specifically, AHAM argued that the change will require manufacturers to 
completely redesign their packaging to accommodate the label. 
Accordingly, AHAM requested that the Commission set an October 1, 2019 
date for the box labels.
    Discussion: In response to AHAM's concerns, the Commission sets the 
compliance date at October 1, 2019 to provide manufacturers ample time 
to make the transition to box labels. As indicated in the NPRM, 
manufacturers generally deploy their product lines on an annual basis 
beginning in October of each year. According to AHAM, an October 2018 
compliance date likely would not provide adequate time for making the 
required changes. In addition, the Commission expects a compliance date 
falling in the middle of the annual production cycle could cause 
significant disruption. If they so choose, manufacturers may begin 
using the labels on packages before the October 1, 2019 compliance 
date. In the meantime, they must continue to affix labels to the 
products themselves and provide labels online. The amendments also 
change the label's efficiency disclosure from EER to CEER as 
proposed.\11\ Manufacturers should begin using CEER along with the new 
ranges published in this document (i.e., within 90 days of 
publication).
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    \11\ 80 FR at 67292-3.
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C. Technical Corrections and Clarifications

    Background: In the NPRM, the Commission proposed several minor 
clarifying and corrective amendments. These included a clarification to 
Sec.  305.10(c) regarding labeling for models falling outside of the 
current ranges, as well as corrections to Sec. Sec.  305.5 (obsolete 
reference to LED bulb tests), 305.8 (reference to the timing of 
reporting requirements), 305.12 (sample label references for central 
air conditioners labels), and 305.16 (plumbing disclosures).
    Comments: Several commenters, including AHAM and NEMA, supported 
these minor amendments. No comments opposed them. However, AHAM 
requested additional clarifications. First, it recommended replacing 
the term ``operating cost'' with ``energy cost'' in Sec.  305.10(c)(2) 
and on the sample clothes washer label in appendix L to ensure 
consistency with other sample labels and Rule provisions. According to 
AHAM, industry members have used the term ``energy cost'' on labels 
prepared pursuant to Sec.  305.10 for this reason. In addition, most of 
the labels and applicable Rule text in Sec.  305.11 use the term 
``energy cost.'' AHAM urged the Commission to provide ample time for 
manufacturers to make any necessary changes.
    AHAM also urged the Commission to clarify the label language 
required for describing refrigerator-freezers that do not have through-
the-door ice service. AHAM noted that the Rule's sample label uses the 
phrase ``no through-the-door ice,'' whereas the comparability range 
tables in appendix A state ``Without Through-the-door-ice.'' Although 
AHAM did not express a preference for the applicable language, it 
requested sufficient time for their members to change labels to avoid 
waste and unnecessary cost should the Commission issue a clarification.
    Discussion: The Commission amends the Rule to include the proposed

[[Page 7595]]

clarifications and technical corrections, including replacing the term 
``operating cost'' with ``energy cost'' in Sec.  305.10(c)(2) and on 
the clothes washer label as suggested by AHAM. The Commission does not 
expect these corrections to create any additional burden for 
manufacturers because current practice appears to be consistent with 
most of these changes. However, to the extent that manufacturers must 
change existing labels, they may do so after exhausting their current 
label supply to avoid unnecessary costs. Should individual 
manufacturers have questions about revising labels, they can contact 
FTC staff for guidance.\12\
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    \12\ In addition, the final amendments correct Sec.  305.11 to 
reinsert paragraphs (f)(10) and (11), which were inadvertently 
omitted in an earlier rulemaking (81 FR 63634, Sept. 15, 2016)). The 
Commission finds good cause for implementing the technical 
corrections recommended by AHAM and the correction to Sec.  305.11 
without further notice and comment. See 5 U.S.C. 553(b)(3)(B); 5 CFR 
1.26(b).
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    The Commission, however, declines to amend the Rule's descriptions 
for refrigerator-freezers. The current Rule sets only general 
requirements for the content of these product descriptions at the 
labels top left and does not prescribe exact language that 
manufacturers must use.\13\ Accordingly, manufacturers may continue to 
use their present descriptions provided they are consistent with the 
Rule's refrigerator-freezer categories. The Commission may consider 
amending the Rule in the future to require uniform descriptors for 
refrigerator-freezers should stakeholders desire such a change. For 
now, without further notice and comment, the Commission does not change 
this provision of the Rule.
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    \13\ Though the model descriptions at the label's top left 
portion must be ``consistent'' with the tables in appendix A (Sec.  
305.11(f)(4)), such descriptions do not have to track the language 
in the tables exactly. See 81 FR 63634, 63639, n. 39 (Sept. 15, 
2016) (adding the requirements in Sec.  305.11(f)(4) to ensure 
manufacturers do not list extraneous product features). However, 
explanatory language at the label's lower section must contain the 
specific descriptors set out in Sec.  305.11(f)(9)(iii)) (``models 
with similar features . . .'').
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D. Additional Issues Raised in Comments

    A few commenters offered broad suggestions to improve aspects of 
the Energy Labeling Rule not discussed in NPRM, thus falling outside of 
the scope of the proposed amendments.\14\ For instance, the American 
Public Gas Association (APGA) recommended the Commission consider 
requiring source-based energy efficiency descriptors on the EnergyGuide 
labels to provide consumers with broader information about the overall 
environmental impacts of product use. APGA also urged the Commission to 
consider using marginal energy cost figures for calculating annual 
energy costs on labels, indicating that the average cost figures 
currently used for the labels overstate the costs. APGA urged the 
Commission to raise these issues in the future for further discussion.
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    \14\ Other comments (Castillo and Chambers) expressed general 
support for the Rule. One commenter (Kremer) argued that the Rule's 
labeling is ``redundant'' and that consumers only need wattage 
information.
---------------------------------------------------------------------------

    Gear also provided several suggestions to improve the labels. 
First, Gear recommended state-by-state energy cost disclosures on the 
label to provide consumers with energy information reflecting the 
utility rates where they live. If such disclosures prove impracticable 
for individual labels, the commenter suggested the Commission consider 
providing this information online. Second, Gear recommended the label 
contain a ``yearly cost compared to average'' disclosure, as well as 
other design changes to address reported concerns with consumer 
comprehension. Finally, Gear recommended the Commission consider 
requiring labels for clothes dryers.
    At this time, the Commission does not propose additional changes to 
the Rule, though it may consider such broader issues in the future. 
Without an opportunity for public comment and further consideration, 
the Commission cannot make such changes at this time. In recent years, 
the Commission has implemented many broad changes related to label 
design, reporting, and other aspects of the labeling program to improve 
information for consumers and industry members.\15\ Accordingly, the 
Commission does not plan to pursue these additional issues as part of 
the present amendments. Instead, the FTC staff will review these issues 
and consider whether to recommend additional amendments or non-
regulatory measures in the future. It will also continue working 
outside the rulemaking context with DOE staff to explore online 
consumer information about the energy use of covered products, 
including source-based impacts and energy costs reflecting state or 
regional variations in fuel rates.
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    \15\ See, e.g., 75 FR 41696 (July 19, 2010) (new light bulb 
labels); 76 FR 1037 (Jan. 6, 2011) (television labels); 78 FR 2200 
(Jan. 1, 2013) (online labels and streamlined reporting); 78 FR 8362 
(Feb. 6, 2013) (regional standards for heating and cooling 
equipment); 80 FR 67285 (Nov. 2, 2015) (expansion of light bulb 
label coverage, increase label durability, and improve plumbing 
disclosures); 81 FR 63633 (Sept. 15, 2016) (improve access to energy 
labels online and improve labels for refrigerators, ceiling fans, 
central air conditioners, and water heaters).
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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. OMB has approved the Rule's 
existing information collection requirements through November 30, 2019 
(OMB Control No. 3084 0069). The amendments do not change the substance 
or frequency of the recordkeeping, disclosure, or reporting 
requirements and, therefore, do not require further OMB clearance.

V. Regulatory Flexibility Act

    The provisions of the Regulatory Flexibility Act relating to a 
Regulatory Flexibility Act analysis (5 U.S.C. 603-604) are not 
applicable to this proceeding because the amendments do not impose any 
new obligations on entities regulated by the Energy Labeling Rule. As 
explained elsewhere in this document, the amendments do not 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 
amendments will not have a significant economic impact on a substantial 
number of small entities.

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 amends 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.

[[Page 7596]]

Sec.  305.2   [Amended]

0
2. In Sec.  305.2(p), remove the words ``energy efficiency ratio 
(EER)'' and add, in their place, ``combined energy efficiency ratio 
(CEER)''.

0
3. In Sec.  305.5, revise paragraph (a), remove paragraph (c), and 
redesignate paragraph (d) as paragraph (c) to read as follows:


Sec.  305.5   Determinations of estimated annual energy consumption, 
estimated annual operating cost, and energy efficiency rating, water 
use rate, and other required disclosure content.

    (a) Unless otherwise stated in paragraphs (b) and (c) of this 
section, the content of any disclosures required by this part must be 
determined in accordance with the testing and sampling provisions 
required by the Department of Energy as set forth in subpart B to 10 
CFR part 430, 10 CFR part 431, and 10 CFR 429.11.
* * * * *


Sec.  305.7  [Amended]

0
4. In Sec.  305.7(f), remove the word ``EER'' and add, in its place, 
``CEER.''

0
5. In Sec.  305.8, revise paragraph (c) to read as follows:


Sec.  305.8   Submission of data.

* * * * *
    (c) All information required by paragraphs (a)(1) through (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
6. In Sec.  305.10, paragraphs (a), (b), and (c)(2) 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) * * *
    (2) Add one of the two sentences below, as appropriate, in the 
space just below the scale on the label, as follows:
    The estimated yearly energy cost of this model was not available at 
the time the range was published.
    The energy efficiency rating of this model was not available at the 
time the range was published.
    (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
7. Amend Sec.  305.11 by revising paragraphs (d) introductory text, 
(d)(3), and (f)(9)(x) and adding paragraphs (f)(10) and (11) 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, 2019 shall be printed on 
or affixed to the principal display panel of the product's packaging.
* * * * *
    (f) * * *
    (9) * * *
    (x) For clothes washers covered by appendices F1 and F2 of this 
part, the statement will read as follows (fill in the blanks with the 
appropriate capacity and energy cost figures):
    Your costs will depend on your utility rates and use.
    Cost range based only on [compact/standard] capacity models.
    Estimated energy cost is based on six wash loads a week and a 
national average electricity cost of __ cents per kWh and natural gas 
cost of $ __ per therm. ftc.gov/energy.
* * * * *
    (10) The following statement shall appear on each label as 
illustrated in the prototype and sample labels in appendix L of this 
part:
    Federal law prohibits removal of this label before consumer 
purchase.
    (11) No marks or information other than that specified in this part 
shall appear on or directly adjoining this label except that:
    (i) A part or publication number identification may be included on 
this label, as desired by the manufacturer. If a manufacturer elects to 
use a part or publication number, it must appear in the lower right-
hand corner of the label and be set in 6-point type or smaller.
    (ii) The energy use disclosure labels required by the governments 
of Canada or Mexico may appear directly adjoining this label, as 
desired by the manufacturer.
    (iii) The manufacturer or private labeler may include the ENERGY 
STAR logo on the bottom right corner of the label for certified 
products. The logo must be 1 inch by 1 inch in size. Only manufacturers 
that have signed a Memorandum of Understanding with the Department of 
Energy or the Environmental Protection Agency may add the ENERGY STAR 
logo to labels on certified covered products; such manufacturers may 
add the ENERGY STAR logo to labels only on those covered products that 
are contemplated by the Memorandum of Understanding.

0
8. In Sec.  305.12, revise paragraphs (g)(12)(ii), (g)(13)(ii), (g)(14) 
introductory text, and (g)(14)(ii) to read as follows:


Sec.  305.12  Labeling for central air conditioners, heat pumps, and 
furnaces.

* * * * *
    (g) * * *
    (12) * * *
    (ii) A map appropriate for the model and accompanying text as 
illustrated in

[[Page 7597]]

the sample label 7 in appendix L of this part.
* * * * *
    (13) * * *
    (ii) A map appropriate for the model and accompanying text as 
illustrated in the sample label 7 in appendix L of this part.
* * * * *
    (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 of this part.
* * * * *


Sec.  305.16   [Amended]

0
9. Amend Sec.  305.16 by removing paragraph (a)(5).

0
10. 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
------------------------------------------------------------------------


0
11. 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
12. 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.


[[Page 7598]]


0
13. 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
              Furnace type                            (AFUEs)
                                         -------------------------------
                                                Low            High
------------------------------------------------------------------------
Electric Furnaces--All Capacities.......           100.0           100.0
------------------------------------------------------------------------

Appendix G3 to Part 305--Furnaces--Oil

------------------------------------------------------------------------
                                               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
------------------------------------------------------------------------


[[Page 7599]]

Appendix G7 to Part 305--Boilers (Oil)

------------------------------------------------------------------------
                                               Range of annual fuel
                                             utilization efficiencies
                  Type                                (AFUEs)
                                         -------------------------------
                                                Low            High
------------------------------------------------------------------------
Oil Boilers--All Capacities.............            82.0            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
14. Appendices J1 and J2 are revised to read as follows:

Appendix J1 to Part 305--Pool Heaters--Gas

Range Information

----------------------------------------------------------------------------------------------------------------
                                                              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 Information

------------------------------------------------------------------------
                                           Range of thermal efficiencies
                                                     (percent)
 Manufacturer's rated heating capacities -------------------------------
                                                Low            High
------------------------------------------------------------------------
All capacities..........................             (*)             (*)
------------------------------------------------------------------------
* No data submitted.

Appendix K to Part 305 [Removed]

0
15. Appendix K to part 305 is removed.

[[Page 7600]]


0
16. 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 Sec. Sec.  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.

----------------------------------------------------------------------------------------------------------------
                                                                                      As required by DOE test
                  Type of energy                       In commonly used terms                procedure
----------------------------------------------------------------------------------------------------------------
Electricity......................................  [cent]12.00/kWh \2\ \3\.......  $.1200/kWh.
Natural Gas......................................  $1.09/therm \4\ or $11.12/MCF   $0.0000109/Btu.
                                                    \5\ \6\.
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 Sec. Sec.  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.

----------------------------------------------------------------------------------------------------------------
                                                                                       As required by DOE test
                    Type of energy                        In commonly used terms              procedure
----------------------------------------------------------------------------------------------------------------
Electricity..........................................  [cent]13.00/kWh \2\ \3\....  $.1300/kWh.
Natural Gas..........................................  $1.05/therm \4\ or $10.86/   $0.00001052/Btu.
                                                        MCF \5\ \6\.
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\ kWh = 3,412 Btu.
\4\ 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
17. In appendix L, revise prototype label 2, add sample label 2 in 
alphanumeric order, revise sample labels 3 and 4, add sample label 6 in 
alphanumeric order, and revise sample labels 9 and 9A to read as 
follows:
* * * * *
BILLING CODE 6750-01-P

[[Page 7601]]

[GRAPHIC] [TIFF OMITTED] TR22FE18.001

* * * * *

[[Page 7602]]

[GRAPHIC] [TIFF OMITTED] TR22FE18.002

* * * * *

[[Page 7603]]

[GRAPHIC] [TIFF OMITTED] TR22FE18.003

* * * * *

[[Page 7604]]

[GRAPHIC] [TIFF OMITTED] TR22FE18.004

* * * * *

[[Page 7605]]

[GRAPHIC] [TIFF OMITTED] TR22FE18.005

* * * * *

[[Page 7606]]

[GRAPHIC] [TIFF OMITTED] TR22FE18.006

* * * * *

[[Page 7607]]

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[[Page 7608]]


* * * * *

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2018-03665 Filed 2-21-18; 8:45 am]
 BILLING CODE 6750-01-C



                                                                                                                                                                                                        7593

                                             Rules and Regulations                                                                                         Federal Register
                                                                                                                                                           Vol. 83, No. 36

                                                                                                                                                           Thursday, February 22, 2018



                                             This section of the FEDERAL REGISTER                    competing models. It also contains                    Commission now issues final
                                             contains regulatory documents having general            labeling requirements for refrigerators,              amendments addressing these issues.
                                             applicability and legal effect, most of which           refrigerator-freezers, freezers,
                                             are keyed to and codified in the Code of                                                                      III. Final Amendments
                                                                                                     dishwashers, water heaters, clothes
                                             Federal Regulations, which is published under                                                                 A. Comparability Range and Energy
                                             50 titles pursuant to 44 U.S.C. 1510.
                                                                                                     washers, room air conditioners,
                                                                                                     furnaces, central air conditioners, heat              Cost Revisions
                                             The Code of Federal Regulations is sold by              pumps, plumbing products, lighting                       Background: In the NPRM, the
                                             the Superintendent of Documents.                        products, ceiling fans, and televisions.              Commission proposed revisions to the
                                                                                                        The Rule requires manufacturers to                 comparability range and energy cost
                                                                                                     attach yellow EnergyGuide labels to                   information for dishwashers, furnaces,
                                             FEDERAL TRADE COMMISSION                                                                                      pool heaters, and room air
                                                                                                     many covered products and prohibits
                                             16 CFR Part 305                                         retailers from removing these labels or               conditioners.5 The comparability ranges
                                                                                                     rendering them illegible. In addition, it             (i.e., scales) show the highest and lowest
                                             RIN 3084–AB15                                                                                                 energy costs or energy efficiency ratings
                                                                                                     directs sellers, including retailers, to
                                                                                                     post label information on websites and                of models similar to the labeled product.
                                             Energy Labeling Rule                                                                                          The Commission derives these ranges
                                                                                                     in paper catalogs from which consumers
                                             AGENCY:   Federal Trade Commission                      can order products. EnergyGuide labels                from annual data submitted by
                                             (‘‘FTC’’ or ‘‘Commission’’).                            for most covered products contain three               manufacturers. In addition, the
                                             ACTION: Final rule.                                     key disclosures: Estimated annual                     Commission proposed updating the
                                                                                                     energy cost, a product’s energy                       average energy cost figures
                                             SUMMARY:   The Commission amends the                    consumption or energy efficiency rating               manufacturers must use to calculate a
                                             Energy Labeling Rule (‘‘Rule’’) by                      as determined by DOE test procedures,                 model’s estimated energy cost for the
                                             updating ranges of comparability and                    and a comparability range displaying                  label based on national average cost
                                             unit energy cost figures on EnergyGuide                 the highest and lowest energy costs or                figures published by DOE.6 The
                                             labels for dishwashers, furnaces, room                                                                        Commission also proposed amending
                                                                                                     efficiency ratings for all similar models.
                                             air conditioners, and pool heaters. The                                                                       the energy cost tables in Appendix K to
                                                                                                     For cost calculations, the Rule specifies
                                             Commission also sets a compliance date                                                                        clarify the cost applicable to various
                                                                                                     national average costs for applicable
                                             of October 1, 2019 for EnergyGuide                                                                            covered products.7 To effect these
                                                                                                     energy sources (e.g., electricity, natural
                                             labels on room air conditioner boxes                                                                          changes, the Commission proposed
                                                                                                     gas, oil) as calculated by DOE. Under
                                             and makes several minor clarifications                                                                        amending the applicable tables in the
                                                                                                     the Rule, the Commission periodically
                                             and corrections to the Rule.                                                                                  Rule’s appendices. Under the Rule
                                                                                                     updates comparability range and annual
                                             DATES: The amendments are effective                                                                           (§ 305.10), manufacturers must begin
                                                                                                     energy cost information based on
                                             May 23, 2018.                                                                                                 using this new information on product
                                                                                                     manufacturer data submitted pursuant
                                                                                                                                                           labels within 90 days after publication
                                             ADDRESSES: Relevant portions of the                     to the Rule’s reporting requirements.
                                                                                                                                                           of the updated tables.
                                             record of this proceeding, including this               The Rule also sets a five-year schedule                  The Commission did not propose
                                             document, are available at http://                      for updating comparability range and                  amending the range and cost
                                             www.ftc.gov.                                            annual energy cost information.3                      information for EnergyGuide labels for
                                             FOR FURTHER INFORMATION CONTACT:                        II. Proposed Amendments                               refrigerators, freezers, clothes washers,
                                             Hampton Newsome, (202) 326–2889,                                                                              water heaters, central air conditioners,
                                             Attorney, Division of Enforcement,                        In a November 9, 2017 Notice of                     and televisions because the Commission
                                             Bureau of Consumer Protection, Federal                  Proposed Rulemaking (NPRM), the                       has recently updated label information
                                             Trade Commission, Room CC–9528, 600                     Commission sought comment on                          for these products.8 The Commission
                                             Pennsylvania Avenue NW, Washington,                     proposed updates to the Rule’s                        explained in the NPRM that changing
                                             DC 20580.                                               comparability ranges and amendments                   labels for these products so soon would
                                             SUPPLEMENTARY INFORMATION:                              to set a compliance date for                          unnecessarily burden manufacturers
                                                                                                     EnergyGuide labels on room air
                                             I. Background                                           conditioner boxes. The Commission                        5 16 CFR 305.10. This document also updates the

                                               The Commission issued the Energy                      received 10 comments in response.4                    sample labels in the Rule’s appendices to reflect the
                                                                                                                                                           new range and cost information and to include the
                                             Labeling Rule (‘‘Rule’’) in 1979,1                      After reviewing the comments, the                     minor label content changes discussed in this
                                             pursuant to the Energy Policy and                                                                             document.
                                             Conservation Act of 1975 (EPCA).2 The                     3 16  CFR 305.10.                                      6 82 FR 21213 (May 5, 2017) (DOE notice for

                                             Rule requires energy labeling for major                   4 See  82 FR 52024. The comments received in        ‘‘Representative Average Unit Costs of Energy’’).
                                                                                                                                                              7 Applicable energy cost figures for ceiling fans,
                                             home appliances and other consumer                      response to the NPRM are here: https://
                                                                                                     www.ftc.gov/policy/public-comments/2017/12/           lighting products, and televisions appear in
                                             products to help consumers compare                      initiative-730. The comments included: Air-           §§ 305.13 (effective September 17, 2018), 305.15,
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                                                                                                     Conditioning, Heating, and Refrigeration Institute    and 305.17 respectively.
                                               1 44FR 66466 (Nov. 19, 1979).                         (AHRI) (#00006); American Public Gas Association         8 See 81 FR 63634 (Sept. 15, 2016) (new range
                                               2 42U.S.C. 6294. EPCA also requires the               (APGA) (#00007); National Electrical Manufacturers    information for refrigerators and freezers, water
                                             Department of Energy (DOE) to develop test              Association (NEMA) (#00008); Association of Home      heaters, and central air conditioners effective June
                                             procedures that measure how much energy                 Appliance Manufacturers (AHAM) (#00009);              12, 2017); 81 FR 7201 (Feb. 11, 2016) (new ranges
                                             appliances use, and to determine the representative     Earthjustice (‘‘Joint Commenters’’) (#00010); Grear   for clothes washers effective May 11, 2016); and 80
                                             average cost a consumer pays for different types of     (#00011); Kremer (#00005); O’Hare (#00004);           FR 16259 (Mar. 27, 2015) (updated ranges for
                                             energy.                                                 Castillo (#00003); and Chambers (#00002).             televisions effective July 15, 2015).



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                                             7594             Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations

                                             and potentially confuse consumers by                    Furthermore, models frequently appear                  the annual production cycle could cause
                                             introducing new label information in                    in the market that may fall outside of                 significant disruption. If they so choose,
                                             the marketplace.9                                       the Rule’s current range, and the statute              manufacturers may begin using the
                                                Comments: Though commenters                          contains no requirement for the                        labels on packages before the October 1,
                                             generally supported the updated ranges,                 Commission to update ranges                            2019 compliance date. In the meantime,
                                             AHRI and O’Hare recommended minor                       continuously. Indeed, the law prohibits                they must continue to affix labels to the
                                             changes. Specifically, AHRI noted that                  the Commission from updating ranges                    products themselves and provide labels
                                             the new range for oil-fired boilers                     more often than annually.10                            online. The amendments also change
                                             should reflect several models rated at an                                                                      the label’s efficiency disclosure from
                                                                                                     B. Room Air Conditioner Labels on
                                             Annual Fuel Utilization Efficiency                                                                             EER to CEER as proposed.11
                                                                                                     Packages
                                             (AFUE) of 82.0. O’Hare suggested the                                                                           Manufacturers should begin using CEER
                                             upper end of the pool heater thermal                       Background: In the NPRM, the                        along with the new ranges published in
                                             efficiency range on the sample label be                 Commission proposed a compliance                       this document (i.e., within 90 days of
                                             96.0 to reflect the amended table in                    date for changes to room air conditioner               publication).
                                             Appendix J1.                                            labels. In 2015, the Commission
                                                                                                     announced final amendments requiring                   C. Technical Corrections and
                                                In addition, several energy efficiency
                                                                                                     labels on room air conditioner boxes                   Clarifications
                                             and consumer organizations (the ‘‘Joint
                                             Commenters’’) recommended new                           and replacing the EER (‘‘Energy                           Background: In the NPRM, the
                                             ranges for clothes washers. They                        Efficiency Ratio’’) disclosure with CEER               Commission proposed several minor
                                             explained that new DOE standards,                       (‘‘Combined Energy Efficiency Ratio’’)                 clarifying and corrective amendments.
                                             which become effective in January 2018,                 (80 FR 67285, 67292–3 (Nov. 2, 2015)).                 These included a clarification to
                                             will significantly change the lower end                 However, to reduce burden on                           § 305.10(c) regarding labeling for models
                                             of the ranges for these products (for both              manufacturers that use both the U.S.                   falling outside of the current ranges, as
                                             standard and compact capacity                           and Canadian labels, the Commission                    well as corrections to §§ 305.5 (obsolete
                                             categories) by removing many existing                   delayed a compliance date                              reference to LED bulb tests), 305.8
                                             lower efficiency models from the                        announcement until Natural Resources                   (reference to the timing of reporting
                                             market. In the Joint Commenters’ view,                  Canada (NRCan), which administers the                  requirements), 305.12 (sample label
                                             delay in updating the ranges will result                Canadian EnerGuide labeling program,                   references for central air conditioners
                                             in ranges that include products no                      had announced similar provisions. On                   labels), and 305.16 (plumbing
                                             longer manufactured, thus misleading                    December 28, 2016, NRCan published                     disclosures).
                                             consumers about the efficiency and                      regulatory amendments providing                           Comments: Several commenters,
                                             operating costs of models in production.                manufacturers the option to print the                  including AHAM and NEMA, supported
                                             The commenters also argued that such                    EnerGuide label on packaging (Canada                   these minor amendments. No comments
                                             inaccurate ranges would violate EPCA’s                  Gazette, Vol. 150, No. 26 (Dec. 28,                    opposed them. However, AHAM
                                             directive (see 42 U.S.C. 6294(c)(1)(B)) to              2016)) in lieu of affixing the EnerGuide               requested additional clarifications. First,
                                             provide range information for ‘‘covered                 label to the product. The Commission                   it recommended replacing the term
                                             products to which the rule applies.’’                   then proposed a compliance date of                     ‘‘operating cost’’ with ‘‘energy cost’’ in
                                                Discussion: The Commission amends                    October 1, 2018, explaining that October               § 305.10(c)(2) and on the sample clothes
                                             the Rule to implement the updates                       coincides with the beginning of the                    washer label in appendix L to ensure
                                             proposed in the NPRM and the minor                      industry’s annual production cycle (i.e.,              consistency with other sample labels
                                             changes suggested by the commenters.                    the cooling season).                                   and Rule provisions. According to
                                             The Commission, however, does not                          Comments: AHAM generally                            AHAM, industry members have used
                                             update the clothes washer ranges at this                supported the change from EER to                       the term ‘‘energy cost’’ on labels
                                             time. Because the Commission updated                    CEER, as well as the transition to labels              prepared pursuant to § 305.10 for this
                                             the range data for clothes washer labels                on product boxes. However, it urged the                reason. In addition, most of the labels
                                             in 2016 (81 FR 7201 (Feb. 11, 2016)), it                Commission to provide additional time                  and applicable Rule text in § 305.11 use
                                             is reluctant to change the labels again                 for this transition. Specifically, AHAM                the term ‘‘energy cost.’’ AHAM urged
                                             after such a short interval because it                  argued that the change will require                    the Commission to provide ample time
                                             would create inconsistent labels for                    manufacturers to completely redesign                   for manufacturers to make any
                                             consumers during the transition and                     their packaging to accommodate the                     necessary changes.
                                             unnecessarily burden manufacturers.                     label. Accordingly, AHAM requested                        AHAM also urged the Commission to
                                             However, the Commission will review                     that the Commission set an October 1,                  clarify the label language required for
                                             new clothes washer data in light of the                 2019 date for the box labels.                          describing refrigerator-freezers that do
                                                                                                        Discussion: In response to AHAM’s                   not have through-the-door ice service.
                                             new DOE 2018 standards and consider
                                                                                                     concerns, the Commission sets the                      AHAM noted that the Rule’s sample
                                             whether to propose updating the ranges.
                                                The Commission does not agree with                   compliance date at October 1, 2019 to                  label uses the phrase ‘‘no through-the-
                                             the Joint Commenters that the current                   provide manufacturers ample time to                    door ice,’’ whereas the comparability
                                             ranges violate EPCA’s directive to                      make the transition to box labels. As                  range tables in appendix A state
                                             provide range information for ‘‘covered                 indicated in the NPRM, manufacturers                   ‘‘Without Through-the-door-ice.’’
                                             products to which the rule applies.’’                   generally deploy their product lines on                Although AHAM did not express a
                                             The Commission interprets this                          an annual basis beginning in October of                preference for the applicable language,
                                             statutory instruction, together with the                each year. According to AHAM, an                       it requested sufficient time for their
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                                             directive in 42 U.S.C. 6294(c)(2)(B), as                October 2018 compliance date likely                    members to change labels to avoid waste
                                             applying to general product types (i.e.,                would not provide adequate time for                    and unnecessary cost should the
                                             categories), not to individual models.                  making the required changes. In                        Commission issue a clarification.
                                                                                                     addition, the Commission expects a                        Discussion: The Commission amends
                                               9 The Commission followed a similar approach          compliance date falling in the middle of               the Rule to include the proposed
                                             during the last cycle of range and cost updates. See
                                             78 FR 1779 (Jan. 9, 2013).                                10 42   U.S.C. 6296(c).                                11 80   FR at 67292–3.



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                                                              Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations                                               7595

                                             clarifications and technical corrections,                 based energy efficiency descriptors on                    impacts and energy costs reflecting state
                                             including replacing the term ‘‘operating                  the EnergyGuide labels to provide                         or regional variations in fuel rates.
                                             cost’’ with ‘‘energy cost’’ in                            consumers with broader information
                                             § 305.10(c)(2) and on the clothes washer                                                                            IV. Paperwork Reduction Act
                                                                                                       about the overall environmental impacts
                                             label as suggested by AHAM. The                           of product use. APGA also urged the                         The current Rule contains
                                             Commission does not expect these                          Commission to consider using marginal                     recordkeeping, disclosure, testing, and
                                             corrections to create any additional                      energy cost figures for calculating                       reporting requirements that constitute
                                             burden for manufacturers because                          annual energy costs on labels, indicating                 information collection requirements as
                                             current practice appears to be consistent                 that the average cost figures currently                   defined by 5 CFR 1320.3(c), the
                                             with most of these changes. However, to                   used for the labels overstate the costs.                  definitional provision within the Office
                                             the extent that manufacturers must                        APGA urged the Commission to raise                        of Management and Budget (OMB)
                                             change existing labels, they may do so                    these issues in the future for further                    regulations that implement the
                                             after exhausting their current label                      discussion.                                               Paperwork Reduction Act. OMB has
                                             supply to avoid unnecessary costs.                                                                                  approved the Rule’s existing
                                             Should individual manufacturers have                         Gear also provided several
                                                                                                       suggestions to improve the labels. First,                 information collection requirements
                                             questions about revising labels, they can                                                                           through November 30, 2019 (OMB
                                             contact FTC staff for guidance.12                         Gear recommended state-by-state energy
                                                                                                       cost disclosures on the label to provide                  Control No. 3084 0069). The
                                                The Commission, however, declines                                                                                amendments do not change the
                                             to amend the Rule’s descriptions for                      consumers with energy information
                                                                                                       reflecting the utility rates where they                   substance or frequency of the
                                             refrigerator-freezers. The current Rule
                                                                                                       live. If such disclosures prove                           recordkeeping, disclosure, or reporting
                                             sets only general requirements for the
                                                                                                       impracticable for individual labels, the                  requirements and, therefore, do not
                                             content of these product descriptions at
                                                                                                       commenter suggested the Commission                        require further OMB clearance.
                                             the labels top left and does not prescribe
                                             exact language that manufacturers must                    consider providing this information                       V. Regulatory Flexibility Act
                                             use.13 Accordingly, manufacturers may                     online. Second, Gear recommended the
                                             continue to use their present                             label contain a ‘‘yearly cost compared to                   The provisions of the Regulatory
                                             descriptions provided they are                            average’’ disclosure, as well as other                    Flexibility Act relating to a Regulatory
                                             consistent with the Rule’s refrigerator-                  design changes to address reported                        Flexibility Act analysis (5 U.S.C. 603–
                                             freezer categories. The Commission may                    concerns with consumer                                    604) are not applicable to this
                                             consider amending the Rule in the                         comprehension. Finally, Gear                              proceeding because the amendments do
                                             future to require uniform descriptors for                 recommended the Commission consider                       not impose any new obligations on
                                             refrigerator-freezers should stakeholders                 requiring labels for clothes dryers.                      entities regulated by the Energy
                                             desire such a change. For now, without                       At this time, the Commission does not                  Labeling Rule. As explained elsewhere
                                             further notice and comment, the                           propose additional changes to the Rule,                   in this document, the amendments do
                                             Commission does not change this                           though it may consider such broader                       not change the substance or frequency
                                             provision of the Rule.                                    issues in the future. Without an                          of the recordkeeping, disclosure, or
                                                                                                       opportunity for public comment and                        reporting requirements. Thus, the
                                             D. Additional Issues Raised in                                                                                      amendments will not have a ‘‘significant
                                             Comments                                                  further consideration, the Commission
                                                                                                       cannot make such changes at this time.                    economic impact on a substantial
                                               A few commenters offered broad                          In recent years, the Commission has                       number of small entities.’’ 5 U.S.C. 605.
                                             suggestions to improve aspects of the                     implemented many broad changes                            The Commission has concluded,
                                             Energy Labeling Rule not discussed in                     related to label design, reporting, and                   therefore, that a regulatory flexibility
                                             NPRM, thus falling outside of the scope                   other aspects of the labeling program to                  analysis is not necessary, and certifies,
                                             of the proposed amendments.14 For                         improve information for consumers and                     under Section 605 of the Regulatory
                                             instance, the American Public Gas                         industry members.15 Accordingly, the                      Flexibility Act (5 U.S.C. 605(b)), that the
                                             Association (APGA) recommended the                        Commission does not plan to pursue                        amendments will not have a significant
                                             Commission consider requiring source-                     these additional issues as part of the                    economic impact on a substantial
                                                                                                       present amendments. Instead, the FTC                      number of small entities.
                                                12 In addition, the final amendments correct

                                             § 305.11 to reinsert paragraphs (f)(10) and (11),
                                                                                                       staff will review these issues and                        List of Subjects in 16 CFR Part 305
                                             which were inadvertently omitted in an earlier            consider whether to recommend
                                             rulemaking (81 FR 63634, Sept. 15, 2016)). The            additional amendments or non-                               Advertising, Energy conservation,
                                             Commission finds good cause for implementing the          regulatory measures in the future. It will                Household appliances, Labeling,
                                             technical corrections recommended by AHAM and
                                             the correction to § 305.11 without further notice         also continue working outside the                         Reporting and recordkeeping
                                             and comment. See 5 U.S.C. 553(b)(3)(B); 5 CFR             rulemaking context with DOE staff to                      requirements.
                                             1.26(b).                                                  explore online consumer information
                                                13 Though the model descriptions at the label’s                                                                    For the reasons set out above, the
                                                                                                       about the energy use of covered
                                             top left portion must be ‘‘consistent’’ with the tables                                                             Commission amends 16 CFR part 305 as
                                                                                                       products, including source-based
                                             in appendix A (§ 305.11(f)(4)), such descriptions do                                                                follows:
                                             not have to track the language in the tables exactly.
                                             See 81 FR 63634, 63639, n. 39 (Sept. 15, 2016)               15 See, e.g., 75 FR 41696 (July 19, 2010) (new light
                                             (adding the requirements in § 305.11(f)(4) to ensure
                                                                                                                                                                 PART 305—ENERGY AND WATER USE
                                                                                                       bulb labels); 76 FR 1037 (Jan. 6, 2011) (television
                                             manufacturers do not list extraneous product              labels); 78 FR 2200 (Jan. 1, 2013) (online labels and     LABELING FOR CONSUMER
                                             features). However, explanatory language at the           streamlined reporting); 78 FR 8362 (Feb. 6, 2013)         PRODUCTS UNDER THE ENERGY
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                                             label’s lower section must contain the specific           (regional standards for heating and cooling               POLICY AND CONSERVATION ACT
                                             descriptors set out in § 305.11(f)(9)(iii)) (‘‘models     equipment); 80 FR 67285 (Nov. 2, 2015) (expansion
                                             with similar features . . .’’).
                                                                                                                                                                 (‘‘ENERGY LABELING RULE’’)
                                                                                                       of light bulb label coverage, increase label
                                                14 Other comments (Castillo and Chambers)              durability, and improve plumbing disclosures); 81
                                             expressed general support for the Rule. One               FR 63633 (Sept. 15, 2016) (improve access to energy       ■ 1. The authority citation for part 305
                                             commenter (Kremer) argued that the Rule’s labeling        labels online and improve labels for refrigerators,       continues to read as follows:
                                             is ‘‘redundant’’ and that consumers only need             ceiling fans, central air conditioners, and water
                                             wattage information.                                      heaters).                                                     Authority: 42 U.S.C. 6294.



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                                             7596             Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations

                                             § 305.2   [Amended]                                     labeled prior to the effective date of a              principal display panel of the product’s
                                             ■  2. In § 305.2(p), remove the words                   modification under this section need                  packaging.
                                             ‘‘energy efficiency ratio (EER)’’ and add,              not be relabeled.                                     *       *     *     *      *
                                             in their place, ‘‘combined energy                          (b) Representative average unit energy                (f) * * *
                                             efficiency ratio (CEER)’’.                              cost. The Representative Average Unit                    (9) * * *
                                             ■ 3. In § 305.5, revise paragraph (a),                  Energy Cost to be used on labels as                      (x) For clothes washers covered by
                                             remove paragraph (c), and redesignate                   required by § 305.11 and disclosures as               appendices F1 and F2 of this part, the
                                             paragraph (d) as paragraph (c) to read as               required by § 305.20 are listed in                    statement will read as follows (fill in the
                                             follows:                                                appendices K1 and K2 to this part. The                blanks with the appropriate capacity
                                                                                                     Commission shall publish revised                      and energy cost figures):
                                             § 305.5 Determinations of estimated                     Representative Average Unit Energy                       Your costs will depend on your utility
                                             annual energy consumption, estimated                    Cost figures in the Federal Register in               rates and use.
                                             annual operating cost, and energy
                                                                                                     2022. When the cost figures are revised,                 Cost range based only on [compact/
                                             efficiency rating, water use rate, and other
                                             required disclosure content.                            all information disseminated after 90                 standard] capacity models.
                                                                                                     days following the publication of the                    Estimated energy cost is based on six
                                               (a) Unless otherwise stated in
                                                                                                     revision shall conform to the new cost                wash loads a week and a national
                                             paragraphs (b) and (c) of this section,
                                                                                                     figure.                                               average electricity cost of __ cents per
                                             the content of any disclosures required
                                                                                                        (c) * * *                                          kWh and natural gas cost of $ __ per
                                             by this part must be determined in
                                                                                                        (2) Add one of the two sentences                   therm. ftc.gov/energy.
                                             accordance with the testing and
                                             sampling provisions required by the                     below, as appropriate, in the space just              *       *     *     *      *
                                             Department of Energy as set forth in                    below the scale on the label, as follows:                (10) The following statement shall
                                             subpart B to 10 CFR part 430, 10 CFR                       The estimated yearly energy cost of                appear on each label as illustrated in the
                                             part 431, and 10 CFR 429.11.                            this model was not available at the time              prototype and sample labels in
                                                                                                     the range was published.                              appendix L of this part:
                                             *     *     *    *     *
                                                                                                        The energy efficiency rating of this                  Federal law prohibits removal of this
                                             § 305.7   [Amended]                                     model was not available at the time the               label before consumer purchase.
                                             ■  4. In § 305.7(f), remove the word                    range was published.                                     (11) No marks or information other
                                             ‘‘EER’’ and add, in its place, ‘‘CEER.’’                   (3) For refrigerator and refrigerator-             than that specified in this part shall
                                                                                                     freezer labels:                                       appear on or directly adjoining this
                                             ■ 5. In § 305.8, revise paragraph (c) to
                                                                                                                                                           label except that:
                                             read as follows:                                           (i) If the model’s energy cost falls
                                                                                                                                                              (i) A part or publication number
                                                                                                     outside of either or both ranges on the
                                             § 305.8   Submission of data.                                                                                 identification may be included on this
                                                                                                     label, include the language in paragraph
                                             *      *     *     *    *                                                                                     label, as desired by the manufacturer. If
                                                                                                     (c)(2) of this section.
                                                (c) All information required by                                                                            a manufacturer elects to use a part or
                                                                                                        (ii) If the model’s energy cost only               publication number, it must appear in
                                             paragraphs (a)(1) through (3) of this                   falls outside of the range for models
                                             section must be submitted for new                                                                             the lower right-hand corner of the label
                                                                                                     with similar features, but is within the              and be set in 6-point type or smaller.
                                             models prior to any distribution of such                range for all models, include the
                                             model. Models subject to design or                                                                               (ii) The energy use disclosure labels
                                                                                                     product on the scale and place a triangle             required by the governments of Canada
                                             retrofit alterations which change the                   below the dollar value.
                                             data contained in any annual report                                                                           or Mexico may appear directly adjoining
                                                                                                        (iii) If the model’s energy cost falls             this label, as desired by the
                                             shall be reported in the manner required
                                                                                                     outside of both ranges of comparability,              manufacturer.
                                             for new models. Models which are
                                                                                                     omit the triangle beneath the yearly                     (iii) The manufacturer or private
                                             discontinued shall be reported in the
                                                                                                     operating cost value.                                 labeler may include the ENERGY STAR
                                             next annual report.
                                             ■ 6. In § 305.10, paragraphs (a), (b), and              ■ 7. Amend § 305.11 by revising                       logo on the bottom right corner of the
                                             (c)(2) are revised and paragraph (c)(3) is              paragraphs (d) introductory text, (d)(3),             label for certified products. The logo
                                             added to read as follows:                               and (f)(9)(x) and adding paragraphs                   must be 1 inch by 1 inch in size. Only
                                                                                                     (f)(10) and (11) to read as follows:                  manufacturers that have signed a
                                             § 305.10 Ranges of comparability on the                                                                       Memorandum of Understanding with
                                             required labels.                                        § 305.11 Labeling for refrigerators,                  the Department of Energy or the
                                                                                                     refrigerator-freezers, freezers, dishwashers,
                                                (a) Range of estimated annual energy                                                                       Environmental Protection Agency may
                                                                                                     clothes washers, water heaters, room air
                                             costs or energy efficiency ratings. The                 conditioners, and pool heaters.                       add the ENERGY STAR logo to labels on
                                             range of estimated annual operating                                                                           certified covered products; such
                                             costs or energy efficiency ratings for                  *     *     *    *     *
                                                                                                                                                           manufacturers may add the ENERGY
                                             each covered product (except                              (d) Label types. Except as indicated in             STAR logo to labels only on those
                                             televisions, ceiling fans, fluorescent                  paragraph (d)(3) of this section, the                 covered products that are contemplated
                                             lamp ballasts, lamps, metal halide lamp                 labels must be affixed to the product in              by the Memorandum of Understanding.
                                             fixtures, showerheads, faucets, water                   the form of an adhesive label or a hang
                                                                                                                                                           ■ 8. In § 305.12, revise paragraphs
                                             closets and urinals) shall be taken from                tag as follows:
                                                                                                                                                           (g)(12)(ii), (g)(13)(ii), (g)(14) introductory
                                             the appropriate appendix to this part in                *     *     *    *     *                              text, and (g)(14)(ii) to read as follows:
                                             effect at the time the labels are affixed                 (3) Package labels for certain
                                             to the product. The Commission shall                    products. Labels for electric                         § 305.12 Labeling for central air
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                                             publish revised ranges in the Federal                   instantaneous water heaters shall be                  conditioners, heat pumps, and furnaces.
                                             Register in 2022. When the ranges are                   printed on or affixed to the product’s                *      *   *    *    *
                                             revised, all information disseminated                   packaging in a conspicuous location.                    (g) * * *
                                             after 90 days following the publication                 Labels for room air conditioners                        (12) * * *
                                             of the revision shall conform to the                    produced on or after October 1, 2019                    (ii) A map appropriate for the model
                                             revised ranges. Products that have been                 shall be printed on or affixed to the                 and accompanying text as illustrated in


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                                                                    Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations                                                                                 7597

                                             the sample label 7 in appendix L of this                                    following regional standards                                                ■ 10. Appendix C1 to part 305 is revised
                                             part.                                                                       information:                                                                to read as follows:
                                             *      *    *    *     *                                                    *      *   *    *      *                                                    Appendix C1 to Part 305—Compact
                                               (13) * * *                                                                  (ii) A map appropriate for the model                                      Dishwashers
                                               (ii) A map appropriate for the model                                      and accompanying text as illustrated in
                                                                                                                                                                                                     Range Information
                                             and accompanying text as illustrated in                                     the sample label 7 in appendix L of this
                                             the sample label 7 in appendix L of this                                    part.                                                                         ‘‘Compact’’ includes countertop
                                             part.                                                                                                                                                   dishwasher models with a capacity of fewer
                                                                                                                         *      *   *    *      *                                                    than eight (8) place settings. Place settings
                                             *      *    *    *     *                                                                                                                                shall be in accordance with appendix C to 10
                                                                                                                         § 305.16        [Amended]
                                               (14) For any single-package air                                                                                                                       CFR part 430, subpart B. Load patterns shall
                                             conditioner with a minimum EER below                                        ■ 9. Amend § 305.16 by removing                                             conform to the operating normal for the
                                             11.0, the label must contain the                                            paragraph (a)(5).                                                           model being tested.

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

                                                                                                                                                                                                                           Low             High

                                             Compact ...................................................................................................................................................................         $17              $27



                                             ■ 11. Appendix C2 to part 305 is revised                                    Appendix C2 to Part 305—Standard                                            settings. Place settings shall be in accordance
                                             to read as follows:                                                         Dishwashers                                                                 with appendix C to 10 CFR part 430, subpart
                                                                                                                                                                                                     B. Load patterns shall conform to the
                                                                                                                         Range Information
                                                                                                                                                                                                     operating normal for the model being tested.
                                                                                                                           ‘‘Standard’’ includes dishwasher models
                                                                                                                         with a capacity of eight (8) or more place

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

                                             Standard ..................................................................................................................................................................         $26              $40



                                             ■ 12. Appendix E to part 305 is revised                                     Appendix E to Part 305—Room Air
                                             to read as follows:                                                         Conditioners
                                                                                                                         Range Information

                                                                                                                                                                                                                           Range of estimated
                                                                                                                                                                                                                           annual energy costs
                                                                                             Manufacturer’s rated cooling capacity in Btu’s/hr                                                                                (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.
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                                             7598                 Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations

                                             ■13. Revise appendices G1, G2, G3, G4,                               Appendix G1 to Part 305—Furnaces—
                                             G5, G6, G7, and G8 to read as follows:                               Gas

                                                                                                                                                                                                                  Range of annual fuel
                                                                                                                                                                                                            utilization efficiencies (AFUEs)
                                                                                                                 Furnace type
                                                                                                                                                                                                                 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

                                                                                                                                                                                                                  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

                                                                                                                                                                                                                  Range of annual fuel
                                                                                                                                                                                                            utilization efficiencies (AFUEs)
                                                                                                                       Type
                                                                                                                                                                                                                 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

                                                                                                                                                                                                                  Range of annual fuel
                                                                                                                                                                                                            utilization efficiencies (AFUEs)
                                                                                                                       Type
                                                                                                                                                                                                                 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 (AFUEs)
                                                                                                                       Type
                                                                                                                                                                                                                 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 (AFUEs)
                                                                                                                       Type
                                                                                                                                                                                                                 Low               High

                                             Gas Boilers (except steam)—All Capacities ...........................................................................................................                     82.0               96.8
                                             Gas Boilers (steam)—All Capacities .......................................................................................................................                80.4               83.4
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                                                                    Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations                                                                                         7599

                                             Appendix G7 to Part 305—Boilers (Oil)

                                                                                                                                                                                                                                 Range of annual fuel
                                                                                                                                                                                                                           utilization efficiencies (AFUEs)
                                                                                                                              Type
                                                                                                                                                                                                                                Low               High

                                             Oil Boilers—All Capacities .......................................................................................................................................                       82.0               90.0



                                             Appendix G8 to Part 305—Boilers
                                             (Electric)

                                                                                                                                                                                                                                 Range of annual fuel
                                                                                                                                                                                                                           utilization efficiencies (AFUEs)
                                                                                                                              Type
                                                                                                                                                                                                                                Low               High

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



                                             ■ 14. Appendices J1 and J2 are revised                                      Appendix J1 to Part 305—Pool
                                             to read as follows:                                                         Heaters—Gas
                                                                                                                         Range Information

                                                                                                                                                                                                  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 Information

                                                                                                                                                                                                                                 Range of thermal
                                                                                                                                                                                                                                   efficiencies
                                                                                                    Manufacturer’s rated heating capacities                                                                                         (percent)

                                                                                                                                                                                                                                Low               High

                                             All capacities ............................................................................................................................................................               (*)                (*)
                                                 * No data submitted.


                                             Appendix K to Part 305 [Removed]
                                             ■ 15. Appendix K to part 305 is
                                             removed.
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                                             7600                  Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations

                                             ■ 16. Appendices K1 and K2 are added                                     Appendix K1 to Part 305—                                                  estimated annual energy cost disclosures
                                             to read as follows:                                                      Representative Average Unit Energy                                        required under §§ 305.11 and 305.20 for
                                                                                                                      Costs for Refrigerators, Refrigerator–                                    refrigerators, refrigerator-freezers, freezers,
                                                                                                                      Freezers, Freezers, Clothes Washers,                                      clothes washers, and water heaters. This
                                                                                                                      and Water Heater Labels                                                   Table is based on information published by
                                                                                                                                                                                                the U.S. Department of Energy in 2013.
                                                                                                                        This Table contains the representative unit
                                                                                                                      energy costs that must be utilized to calculate

                                                                                                                                                                                                                                            As required by
                                                            Type of energy                                                                          In commonly used terms                                                                    DOE test
                                                                                                                                                                                                                                              procedure

                                             Electricity .........................................    ¢12.00/kWh 2 3 ..................................................................................................................    $.1200/kWh.
                                             Natural Gas .....................................        $1.09/therm 4 or $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.
                                                 31  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—                                                 to calculate estimated annual energy
                                             Representative Average Unit Energy                                       cost disclosures required under
                                             Costs for Dishwasher and Room Air                                        §§ 305.11 and 305.20 for dishwashers
                                             Conditioner Labels                                                       and room air conditioners. This Table is
                                               This Table contains the representative                                 based on information published by the
                                             unit energy costs that must be utilized                                  U.S. Department of Energy in 2017.

                                                                                                                                                                                                                                            As required by
                                                              Type of energy                                                                          In commonly used terms                                                                  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.
                                                 1 Btu stands for British thermal units.
                                                 2 kWh  stands for kilowatt hour.
                                                 3 kWh = 3,412 Btu.
                                                 4 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.




                                             ■ 17. In appendix L, revise prototype                                    alphanumeric order, revise sample                                         alphanumeric order, and revise sample
                                             label 2, add sample label 2 in                                           labels 3 and 4, add sample label 6 in                                     labels 9 and 9A to read as follows:
                                                                                                                                                                                                *     *    *     *    *
                                                                                                                                                                                                BILLING CODE 6750–01–P
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                                                              Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations                       7601




                                             *      *     *       *      *
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                                                                                                                                                                                    ER22FE18.001</GPH>




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                                             7602             Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations


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




                                                                      EnE
                                                                      Clothes Washer
                                                                      Capacity Class: Standard
                                                                                                                                                                 XYZ Corporation
                                                                                                                                                             Models G39, X88, Z33
                                                                                                                                              Capacity (tub volume): 2.5 cubic feet




                                                                       Compare ONLY to other labels with yellow numbers.
                                                                         Labels with yellow numbers are based on the same test procedures.




                                                                       • Your cost will depend on your utility rates and use.
                                                                       • Cost range based only on standard capacity models.
                                                                       • Estimated energy cost based on six wash loads a week and a national average
                                                                         electricity cost of 12 cents per kWh and natural gas cost of $1.09 per therm.

                                                                                                                   ftc.gov/energy


                                                                                                      Sample Label2- Clothes Washer

                                             *      *     *       *       *
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                                                                                                                                                                                           ER22FE18.002</GPH>




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                                                              Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations                                     7603


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




                                                                      EnER
                                                                      Dishwasher
                                                                      Capacity: Standard
                                                                                                                                                                XYZ Corporation
                                                                                                                                                             Models G39, X88, Z33




                                                                                                  Estimated Yearly Energy Cost
                                                                                                    (when used with an electric water heater)




                                                                         $21
                                                                             I
                                                                             $26                                                                                             $40
                                                                                                      Cost Range of Similar Models
                                                                       The estimated yearly energy cost of this model was not available at the time the range was published.




                                                                                                                                                     $12
                                                                        Estimated Yearly Electricity Use                                 Estimated Yearly Energy Cost
                                                                                                                                          (when used with •llllbnlg• wallr hellter)



                                                                              Your cost will depend on your utility rates and use.
                                                                        • Cost range based only on standard capacity models.
                                                                        • Estimated energy cost based on four wash loads a week and a national
                                                                          average electricity cost of 13 cents per kWh and natural gas cost of $1.05
                                                                          perthenn.
                                                                        • For more information, visit www.flc.gov/energy.                                           ENERGY STAR


                                                                                                           Sample Label 3 -- Dishwasher

                                             *      *     *       *      *
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                                                                                                                                                                                                  ER22FE18.003</GPH>




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                                             7604             Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations


                                                                      U.S. Govemment                                Federal law                    uf th1s label before consumer r .rr:h.:,se.




                                                                      EnER
                                                                      Room Aiir Conditioner
                                                                      Without Reverse Cycle
                                                                                                                                                                  XYZ Corporation
                                                                                                                                                                         Modei12X4
                                                                      With Louvered Sides                                                                     Capacity: 11,000 BTUs




                                                                                                   Estimated Yearly Energy Cost



                                                                                                     $90
                                                                                                      T
                                                                              $65                                                                                              $127

                                                                                                             Cost Range of Similar Models




                                                                                                                  11.9
                                                                                                      Combined Energy Efficiency Ratio


                                                                               Your cost wil!l depend on your utility rates and use.
                                                                         • Cost range based       on models of similar capacty v;ithout re··/erse cycle
                                                                           with louvered sides.
                                                                         • Estimated energy cost based on a national average electricity ccst of 13
                                                                           cents per kWh and a seasonal use of 8 hours a day over a 3 month period.
                                                                         • For more infonnation, visit www .ftc. gov/energy.



                                                                                                  Sample Label 4 - Room Air Conditioner

                                             *      *     *       *       *
daltland on DSKBBV9HB2PROD with RULES




                                                                                                                                                                                                 ER22FE18.004</GPH>




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                                                              Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations                       7605




                                             *      *     *       *      *
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                                                                                                                                                                                    ER22FE18.005</GPH>




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                                             7606             Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations


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




                                                                      EnER
                                                                      Furnace
                                                                      Non-weatherized
                                                                                                                                                                           XYZ Corporation
                                                                                                                                                                               ModeiTJ81
                                                                      Natural Gas



                                                                                    Efficiency Rating (AFUE)*

                                                                                   83.1
                                                                                          T                                                               For energy cost info, visit
                                                                                   80.0                                                   98.7            productinfo.energy .gov
                                                                                   Least Eflicienl                                Most Efficient
                                                                                                 Range of Similar Models
                                                                                               • Annual Fuel Utilization Ellicienc.y




                                                                                              Sample Label9- Non-weatherized Gas Furnace

                                             *      *     *       *      *
daltland on DSKBBV9HB2PROD with RULES




                                                                                                                                                                                                 ER22FE18.006</GPH>




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                                                              Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations                                       7607


                                                                    U.S. Government




                                                                   EnER
                                                                   Furnace
                                                                   Non-weatherized
                                                                                                                                                                           XYZ Corporation
                                                                                                                                                                               Modei5XC4
                                                                   Natural Gas



                                                                                    Efficiency Rating (AFUE)*

                                                                                                                 93.0
                                                                                                                       T                                  For energy cost info, visit
                                                                                   80.0                                                  98.7             productinfo.energy .gov
                                                                                   Least Efficient                               Mosi:Eflicienl:

                                                                                                 Range of Similar Models
                                                                                               • Anooal Fuel Utilization Efficiency




                                                                                                          QUALIFIED ONLY IN
                                                                                                          U.S. SOUTH: AI.., AR, AZ,
                                                                                                          CA. DC. DE, FL. GA. HI,
                                                                                                          KY. LA. MD. MS, NC, NV.
                                                                                                          1'&'1. OK. SC, TN, lX, VA
                                                                             ENERGY STAR




                                                                   Sample Label9A- Non-weatherized Gas Furnace (ENERGY STAR certified)
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                                                                                                                                                                                                    ER22FE18.007</GPH>




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                                             7608                  Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Rules and Regulations

                                             *        *        *        *        *                                 Operations, U.S. Customs and Border                          be in the amount equal to the expenses
                                               By direction of the Commission.                                     Protection at Christopher.J.Sullivan@                        incurred by the Commissioner of CBP in
                                             Donald S. Clark,                                                      cbp.dhs.gov or 202–344–3907.                                 providing customs services at such
                                             Secretary.                                                            SUPPLEMENTARY INFORMATION:                                   airport, including the salary and
                                                                                                                                                                                expenses of those employed by the
                                             [FR Doc. 2018–03665 Filed 2–21–18; 8:45 am]                           Background
                                                                                                                                                                                Commissioner of CBP to provide the
                                             BILLING CODE 6750–01–C                                                   Title 19, part 122 of the Code of                         customs services. See 19 U.S.C. 58b.
                                                                                                                   Federal Regulations (19 CFR part 122)
                                                                                                                                                                                   The Commissioner of CBP designates
                                                                                                                   sets forth regulations relating to the
                                             DEPARTMENT OF HOMELAND                                                                                                             airports as user fee airports in
                                                                                                                   entry and clearance of aircraft in
                                             SECURITY                                                                                                                           accordance with 19 U.S.C. 58b and
                                                                                                                   international commerce and the
                                                                                                                   transportation of persons and cargo by                       pursuant to 19 CFR 122.15. If the
                                             U.S. Customs and Border Protection                                    aircraft in international commerce.                          Commissioner decides that the
                                                                                                                   Generally, a civil aircraft arriving from                    conditions for designation as a user fee
                                             19 CFR Part 122                                                       a place outside of the United States is                      airport are satisfied, a Memorandum of
                                                                                                                   required to land at an airport designated                    Agreement (MOA) is executed between
                                             [CBP Dec. 18–01]
                                                                                                                   as an international airport.                                 the Commissioner of CBP and the user
                                             Technical Amendment to List of User                                   Alternatively, the pilot of a civil aircraft                 fee airport sponsor. In this manner, user
                                             Fee Airports: Name Changes of                                         may request permission to land at a                          fee airports are designated on a case-by-
                                             Several Airports and the Addition of                                  specific airport and, if landing rights are                  case basis.
                                             Five Airports                                                         granted, the civil aircraft may land at                         The list of designated user fee airports
                                             AGENCY:  U.S. Customs and Border                                      that landing rights airport.                                 is set forth in 19 CFR 122.15(b).
                                                                                                                      Section 236 of the Trade and Tariff                       Periodically, CBP updates the list to
                                             Protection; DHS.
                                                                                                                   Act of 1984 (Pub. L. 98–573, 98 stat.                        reflect designated airports that have not
                                             ACTION: Final rule; technical                                         2948, 2994 (1984)), codified at 19 U.S.C.                    yet been added to the list and to reflect
                                             amendment.                                                            58b, created an option for civil aircraft                    any changes in the names of the
                                             SUMMARY:   This document amends U.S.                                  desiring to land at an airport other than                    designated user fee airports.
                                             Customs and Border Protection (CBP)                                   an international airport or a landing
                                                                                                                   rights airport. A civil aircraft arriving                    Recent Changes Requiring Updates to
                                             regulations by revising the list of user                                                                                           the List of User Fee Airports
                                             fee airports to reflect the name changes                              from a place outside of the United States
                                             of several airports and the designation                               may ask for permission to land at an                           This document updates the list of user
                                             of user fee status for five additional                                airport designated by the Secretary of
                                                                                                                                                                                fee airports in 19 CFR 122.15(b) by
                                             airports: South Texas International                                   Homeland Security 1 as a user fee
                                                                                                                                                                                adding the following five airports: South
                                             Airport at Edinburg in Edinburg, Texas;                               airport.
                                                                                                                      Pursuant to 19 U.S.C. 58b, an airport                     Texas International Airport at Edinburg
                                             Florida Keys Marathon Airport in                                                                                                   in Edinburg, Texas; Florida Keys
                                             Marathon, Florida; Appleton                                           may be designated as a user fee airport
                                                                                                                   if the Commissioner of CBP, as                               Marathon Airport in Marathon, Florida;
                                             International Airport in Appleton,                                                                                                 Appleton International Airport in
                                                                                                                   delegated by the Secretary of Homeland
                                             Wisconsin; South Bend International                                                                                                Appleton, Wisconsin; South Bend
                                                                                                                   Security, determines that the volume or
                                             Airport in South Bend, Indiana; and                                                                                                International Airport in South Bend,
                                                                                                                   value of business at the airport is
                                             Conroe-North Houston Regional Airport                                                                                              Indiana; and Conroe-North Houston
                                                                                                                   insufficient to justify the availability of
                                             in Conroe, Texas. User fee airports are                                                                                            Regional Airport in Conroe, Texas.
                                                                                                                   customs services at the airport and the
                                             those airports which, while not                                                                                                    During the last several years, the
                                                                                                                   governor of the state in which the
                                             qualifying for designation as                                                                                                      Commissioner of CBP signed MOAs
                                                                                                                   airport is located approves the
                                             international or landing rights airports,                                                                                          designating each of these five airports as
                                                                                                                   designation. As the volume or value of
                                             have been approved by the                                                                                                          a user fee airport.2
                                                                                                                   business anticipated at this type of
                                             Commissioner of CBP to receive, for a                                 airport is insufficient to justify its                         Additionally, this document updates
                                             fee, the services of CBP officers for the                             designation as an international or                           the list of user fee airports to reflect
                                             processing of aircraft entering the                                   landing rights airport, the availability of                  name changes of airports that were
                                             United States, and the passengers and                                 customs services is not paid for out of                      previously designated as user fee
                                             cargo of those aircraft.                                              appropriations from the general treasury                     airports. The name changes are shown
                                             DATES: Effective Date: February 22,                                   of the United States. Instead, customs                       in the following chart. The left column
                                             2018.                                                                 services are provided on a fully                             contains the former name of each airport
                                             FOR FURTHER INFORMATION CONTACT:                                      reimbursable basis to be paid for by the                     as it is currently listed in 19 CFR
                                             Chris Sullivan, Director, Alternative                                 user fee airport. The fees charged must                      122.15(b). The right column contains
                                             Funding Program, Office of Field                                      be paid by the user fee airport and must                     the updated name of each airport.

                                             Name Change From:                                                                                         To:

                                             Melbourne Airport .....................................................................................   Orlando Melbourne International Airport.
                                             Jefferson County Airport ...........................................................................      Rocky Mountain Metropolitan Airport.
                                             Leesburg Regional Airport ........................................................................        Leesburg International Airport.
                                             Manchester Airport ...................................................................................    Manchester-Boston Regional Airport.
daltland on DSKBBV9HB2PROD with RULES




                                               1 Sections 403(1) and 411 of the Homeland                           U.S. Customs Service of the Department of the                designating South Texas International Airport at
                                             Security Act of 2002 (Pub. L. 107–296, 116 stat.                      Treasury to the Department of Homeland Security.             Edinburg on September 18, 2014, an MOA
                                                                                                                     2 The Commissioner of CBP signed an MOA
                                             2135, 2178–79 (2002)), codified at 6 U.S.C. 203(1)                                                                                 designating Florida Keys Marathon Airport on April
                                             and 211, transferred certain functions, including the                 designating Conroe-North Houston Regional Airport            3, 2015, and an MOA designating Appleton
                                             authority to designate user fee facilities, from the                  on June 14, 2016, an MOA designating South Bend              International Airport on October 23, 2015.
                                                                                                                   International Airport on July 5, 2016, an MOA



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Document Created: 2018-02-22 02:50:58
Document Modified: 2018-02-22 02:50:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThe amendments are effective May 23, 2018.
ContactHampton 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 Citation83 FR 7593 
RIN Number3084-AB15
CFR AssociatedAdvertising; Energy Conservation; Household Appliances; Labeling and Reporting and Recordkeeping Requirements

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