FTC Federal Register notice, Dec. 10, 1987, 52 FR 46885

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B1LING C O D E 4410-01-M

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46886 Corrections This section of the FEDERAL REGISTER contains editorial corrections of previously published Presidential, Rule, Proposed Rule, and Notice documents and volumes of the Code of Federal Regulations. These corrections are prepared by the Office of the Federal Register. Agency prepared corrections are issued as signed documents and appear in the appropriate document categories elsewhere in the issue.

DEPARTMENT OF COMMERCE international Trade Administration 15CFR Parts 385 and 399 [Docket No. 71149-7249] Export Controls on Iran; Expansion of Foreign Policy Controls Correction In rule document 87-27306 beginning on page 45309 in the issue of Friday, November 27,1987, make the following corrections:

PART 385— [CORRECTED] § 385.4 [Corrected] 1. On page 45309, in the third column, in § 385.4(d)(3)(i), after paragraph (B), the next paragraph designation should read cap (C).

PART 399— [CORRECTED] § 399.1 [Corrected] 2. On page 45311, in the first column, in Supplement No. 1 to § 399.1, in the 10th line, “36494F’ should read “6494F’; and in the 19th line, "64698F” should read “6498F”.

BILLING CODE 1505-01-D DEPARTMENT OF COMMERCE International Trade Administration [C-201-405] Certain Textile Mill Products From Mexico; Final Results of Countervailing Duty Administrative Review Correction In notice document 87-27117 beginning on page 45010 in the issue of Tuesday, November 24,1987, make the following correction:

On page 45013, in the second column, after the table for “Special Construction Fabric” insert the following table: Textile Furnishings 360.0600 360.4825 360.8300 361.4200 361.5426 363.1020 363.2575 363.6540 363.8545 364.1800 365.5060 365.8610 365.8980 366.4600 366.7930 367.6040 360.1515 360.4835 360.8400 361.4500 361.5610 363.1040 363.2580 363.8506 363.8550 364.2000 365.7815 365.8620 366.1720 366.4700 366.8400 367.6080 360.2500 360.7CÔ0 361.0530 361.4600 361.5650 363.2000 363.2590 363.8509 363.8555 364.2300 365.7825 365.8640 366.2460 366.5100 367.3224 360.4225 360.7800 361.0540 361.4800 363.0510 363.2562 363.4500 363.8515 364.0500 364.2500 365.7865 365.8660 366.2480 366.7700 367.3428 360.4335 360.7900 361.2410 361.5420 363.0515 363.2564 363.6030 363.8525 364.1300 364.3000 365.8400 365.8670 366.4200 366.7925 367.6025 BILLING CODE 1505-01-D DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-930-4212-24; N-46058] Battle Mountain District Tonopah Resource Area, NV; Realty Action Correction In notice document 87-26735 appearing on page 44492 in the issue of Thursday, November 19,1987, make the following corrections:

Federal Register Vol. 52, No. 237 Thursday, December 10, 1987 1. In the second column, in the heading “Realty” was misspelled. 2. In the same column, under Segregation, in the third line “segra” should read “segregated”. BILLING CODE 1505-01-D NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Records Schedules; Availability and Request for Comments Correction In notice document 87-27714 appearing on page 46010 in the issue of Thursday, December 3,1987, make the following corrections:

1. In the third column, in paragraph 5, beginning in the first line, the figures inside the parentheses should read, “Nl- 373-88-1”.

2. In the same column, in paragraph 6, in the third line, the figures inside the parentheses should read, "Nl-47-88-1”. BILUNG CODE 1505-01-D NUCLEAR REGULATORY COMMISSION [Docket Nosj 50-373 and 50-374] Consideration of Issuance of Amendment to Facility Operating License and Opportunity for Prior Hearing; Commonwealth Edison Co. Correction In notice document 87-27446 beginning on page 45515 in the issue of Monday, November 30,1987, make the following correction:

The first docket number in the heading is corrected as set forth above. BILLING CODE 1505-01-D

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Thursday December 10» 1987 Part II Federal Trade Commission 16 CFR Part 305 Rule for Using Energy Costs and Consumption Information Used in Labeling and Advertising for Consumer Appliances; Final Rule Amendment

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46888 Federal Register / Vol. 52, No. 237 / Thursday, Decem ber 10, 1987 / Rules and Regulations FEDERAL TRADE COMMISSION 16 CFR Part 305 Rule for Using Energy Costs and Consumption Information Used in Labeling and Advertising for Consumer Appliances AGENCY: Federal Trade Commission. ACTION: Final rule amendment. SUMMARY: The Federal Trade Commission amends its Appliance Labeling Rule by extending coverage to products for which the Department o£ Energy has issued new or amended test procedures. By means of today’s action, which is the culmination of two proceedings begun at separate times, the Commission adds a new category of appliances to the Rule—central air conditioners (which includes heat pumps)—and extends the Rule’s existing coverage under the furnace category to include two new types of furnaces— pulse combustion furnaces and condensing furnaces.

In the central air conditioner proceeding, the Commission is extending the Rule’s coverage to include these products, using a disclosure scheme that consists of labels showing simple energy efficiency information, together with a requirement to disclose further efficiency and cost information by means of either fact sheets or a listing in a general directory containing such information.

In the furnace proceeding, since the scope of the proceeding is considerably narrower, the Commission is simply extending the existing labeling scheme for furnaces to these two new types of furnaces.

d a t e s : The effective dates for the various different obligations under these amendments are detailed in % 305,18 of the Appliance Labeling Rule. FOR FURTHER INFORMATION CONTACT: James G. Mills, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Washington, DC 20580, (202) 326-3035.

SUPPLEMENTARY INFORMATION: I. Introduction Section 324 of the Energy Policy and Conservation Act of 1975 (“EPCA”)1 requires the Federal Trade Commission to consider labeling rules for the disclosure of estimated annual energy cost or alternative energy consumption information for at least thirteen categories of appliances classified as “covered products’’ by section 322(a) of EPCA: (1) Refrigerators and refrigerator- 1 Pub. L. 94-183.89 Stat. 871 (Dec. 22,1975). freezers; (2) freezers; (3) dishwashers; |4) dothes dryers; (5) water heaters; (6) room air conditioners; (7) home heating equipment, not including furnaces; £8) television sets; (9) kitchen ranges and ovens; (10) clothes washers; (H| humidifiers and dehumidifiers; (12) central air conditioners; and (13) furnaces. Before these labeling requirements may be prescribed, the statute requires the Department of Energy (“DOE”) to develop test procedures that measure how much energy the appliances use. In addition, DOE is required to determine the representative average costs a consumer pays for the different types of energy available.

On November 19,1979, the Commission issued a fined Rule covering seven of tha thirteen appliance categories that were then covered by DOE test procedures: Refrigerators and refrigerator-freezers, freezers, dishwashers, water heaters, clothes washers, room air conditioner« and furnaces.2 The Rule requires that energy efficiency ratings or energy costs and related information be disclosed on labels and in retail sales catalogs for all covered products, except furnaces, manufactured on or after May 19,1980. For furnaces, the energy usage information must be disclosed on separate fact sheets, while the labels on the products disclose energy-saving tips and direct consumers to the fact sheets. Certain point-of-sale promotional materials must disclose the availability of energy -cost or energy efficiency Tatrng (“EER”) information. The required disclosures and all claims concerning energy consumption made in writing or in broadcast advertisements mast be based on the results of the DOE test procedures.

In 1980 and 1981, the Commission published two separate proposals to amend the Commission’s Appliance Labeling Rule by extending its coverage to products for which DOE has issued new test procedures. One proposal was to add a new category of appliances, central air conditioners (including heat pumps) to the Rule 3 and the other, was to extend the Rule’s existing labeling requirements for furnaces to two new types of furnaces, pulse combustion and condensing.4 Hearings were held in both * 44 FR 66466,16 CFR Part 305 (November 19, 1979). The Statement of Basis and Purpose for the final Rule describes the reasons the Commission declined to cover the other categories of covered products. Id. at 66467-69. * 45 FR 53340 (August 11,1980). 4 46 FR 38105 (July 24,1981). proceedings. After the close of both comment periods, the Commission’s staff prepared staff reports analyzing the evidence in each matter and containing Recommended Rule Amendments with respect to each matter.

On March 17,1987, President Reagan signed into law the National Appliance Energy Conservation Act of 1987 (Pub. L. No. 100-12,101 Stat. 103 ("NAECA.”)) NAECA establishes performance standards that prescribe a minimum level of energy efficiency or a maximum quantity of energy usage for covered products, including central air conditioners, heat pumps and furnaces. This new legislation leaves the Commission’s Appliance Labeling Rule essentially unchanged, and preserves the Commission’s obligation to propose coverage of products for which OOE has prescribed a test procedure. Because some of the issues raised in both proceedings are similar, the two staff reports were made available to the public at the same time.5 In the Federal Register notices announcing the availability of the two reports, the Commission sought public comment on die analyses and Recommended Rules. In today’s discussion, the resulting ■comments on the staff reports are referred to as “post-record comments.” Since the proceedings have tended to converge, today’s action encompasses both proceedings.

In the central air conditioner proceeding, the Commission has extended the Rule’s coverage to include these products 6 and has developed a disclosure scheme that consists of labels showing simple energy efficiency information,7 together with a requirement to disclose further efficiency and cost information by means of eithepfadi sheets 8 or a listing in a generakdirectory 9 containing such information. In the furnace proceeding, the Commission has also extended the Rule’s coverage, but is doing so by simply extending the existing disclosure scheme for furnaces to include these two new types of furnaces.10 Because the issues involved in the central air conditioner proceeding are broader and more complex, most of today’s discussion will focus on that proceeding. The discussion concerning furnaces appears separately. * 48 FR 37663 (August 19,1983). 6 Sections 305.3 (h) & (i) of the Final Rule. 7 Section 305.11 (a)(5)(iii) of the Final Rule. » Section 305.11(b) of the Final Rule, » Section 305.11(c) of the Fine! Rule. »« Section 305.3(g) of the Final Rule.

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Thursday, December 10, 1987 / Rules and Regulations 46889 II. The Central Air Conditioner Amendments A. Background o f the Proceeding Central air conditioners (a category that also includes heat pumps) are included in the 13 categories of home appliances for which the Commission is required by EPCA to prescrihe energy labels. A disclosure scheme for central air conditioners was originally contemplated in the initial appliance labeling rulemaking, which began in July, 1978.11 Central air conditioners were included in the Proposed Rule because the Department of Energy (DOE) had published earlier a final test procedure for that product category. However, the DOE test procedure did not include heat pumps, and, in April, 1979, DOE proposed that it be amended to include a test for heat pumps as well as a revised statistical sampling plan. Since the DOE test procedure for central air conditioners was uncertain at the time, the Commission’s final Appliance Labeling Rule did not cover the central air conditioner category. DOE published its final revised test procedure in December, 1979, and the Commission commenced amendment proceedings in August, 1980 12 to consider extending the Rule’s coverage to include the central air conditioner category. Hearings followed in November, 1980, and, after analysis and review of the record, the Staff Report was published in August, 1983.13 Comments were received on the Staff Report through October 3,1983. For reasons discussed in the Central Air Conditioner (“CAC”) Staff Report14 and detailed in § 305.11 of the Appliance Labeling Rule Staff Report of February, 1979, the Recommended Rule Amendment appearing as Appendix A to the CAC Staff Report would have extended coverage to central air conditioners. The amendment would have required disclosures to be in the form of (1) “generic labels”, which are non-product-specific labels on each appliance that refer the consumer to fact sheets and (2) fact sheets. The fact sheets would show an energy efficiency rating for the specific product or Pri^.ucts covered, the range of energy ethciency ratings for similar systems, and a means by which consumers could estimate the annual operating cost of the system they choose. This disclosure scheme is the same as the one presently required for furnaces.

11 43 FR 31806 (July 21.1978). 12 45 FR 53340 (August 11,1980), ‘3 13 48 FR 37663 (August 19.1983). ** Pp. 7-9.

An alternative to this approach was suggested by the primary trade association for this industry, the Air Conditioning and Refrigeration Institute (“ARI”). The alternative proposal would permit manufacturers of central air conditioners to disclose the required energy usage information to consumers by means of ARI’s Directory of Certified Unitary Air-Conditioners and Air- Source Unitary Heat Pumps (“Directory”). This Directory is published by ARI in connection with its certification program, through which the industry is able to police members’ energy cost and usage claims, and in it is disclosed, among other information, the energy efficiency for listed products based on the results of tests conducted in accordance with DOE procedures.15 In the CAC Staff Report, the Commission’s staff rejected this alternative on the basis that the proposal was deficient in meeting several of the statutory labeling requirements. More specifically: 1. The ARI Directory did not show the ranges of EER’s of the central air conditioners on the market, as required by section 324(c)(1)(B) of EPCA; 2. There was no requirement that the ARI Directory be displayed in a manner likely to assist consumers in making a purchasing decision, as required by section 324(c)(3) of EPCA; and, 3. Directories were not distributed with products, but were available only from ARI for a fee. The staff believed that this distribution scheme would inhibit dissemination of the ARI Directory to consumers and would, therefore, frustrate the statutory purpose of providing energy usage information to prospective purchasers.16 On the basis of materials submitted during the post-record comment period detailed later in this discussion, the Commission has been persuaded that ARI’s proposal is a workable idea, and has decided to give manufacturers of central air conditioners the “Directory Option” as one element of an energy usage disclosure program that also includes the use of “product-specific” labels on each product. B. Coverage o f Central Air Conditioners According to EPCA, central air conditioners must be covered by the Commission’s labeling rule unless the Commission détermines that labeling them is not “technologically or 16 CAC Staff Report, pp. 21-22. Section 323(c) of EPCA requires these listings, as well as all other written or broadcast representations relating to energy cost or consumption, to be based on the DOE test procedures.

16 Id., p. 23.

economically feasible" or is “not likely to assist consumers in making purchasing decisions;” 17 During the course of the proceedings, a number of industry members suggested that central air conditioners should be exempted for either of two different reasons:

1. The information required on the proposed labels and fact sheets would not assist consumers in making purchasing decisions; or, 2. Coverage would result in unfair and unreasonable burdens on coil manufacturers and contractor-installers. 1. Reasons Suggested for Exempting Central Air Conditioners a.

Energy Usage Disclosure Would Not A ssist Consumers. In the post­ record comments, no one suggested that the proposal for coverage of central air conditioners would be technologically or economically infeasible. However, a number of commenters did contend that the proposed fact sheets, which would be the consumer’s only source of energy usage information under the scheme originally proposed, would not be likely to assist consumers in making purchasing decisions because retailers would not show them to consumers. To support this view, four large, integrated manufacturers and ARI18 pointed to their experience with the furnace fact sheet program, which has been in existence since the Rule took effect on May 19,1980. They contended that, while fact sheets are generally being produced by manufacturers and sent through the chain of distribution,19 they are not being shown to consumers by the retail sector.

One of the reasons advanced for retailers’ failure to show consumers fact sheets is that the fact sheets are too confusing—either for the retailer 20 or for the consumer.21 Consequently, according to these commenters, retailers are avoiding the risk of losing a sale through a confusing discussion of the fact sheet.

17EPCA section 324(a)(2). 18 Rheem, 13-52; Borg; 13-50; Lennox, 13-60; Carrier, 13-61; ARI, 13-62. The comments referred to in these footnotes may be found in the public record under Public Record # 209-18. The first number in the citations to these comments identifies the category of the comment. For example, 13 refers to industry comments about central air conditioners. The next number is the number assigned to the comment itself. The last number or numbers is the internal page number of the comment. For an explanation of the citation code, see Appendix C of the Central Air Conditioner Staff Report or Appendix B of the Furnace Staff Report. 19 Carrier. 13-61/3.

20 Carrier, 13-61/2.

21 Id; Borg, 13-50/3.

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Federal Register / Vol. 52, No- 237 f Thursday, December 10, 1987 / Rules and^ReguIations^ Another explanation put forward for the retailers’ purported failure to use fact sheets is based on the opposite premise. According to this scenario, retailers who have made fact sheets available have apparently been questioned by consumers as to the identity of the furnace brands with the highest efficiency on the bar charts appearing on fact sheets. Retailers often do not know the identity of the brand, or do not sell it. Retailers are beginning to find, therefore, that they sometimes stand to lose a sale by using fact sheets, because consumers may go elsewhere to buy the more efficient products. The end result, according to these commenters, is that furnace retailers, in order to avoid the risk of losing a sale, are often not using fact sheets.

In the Commission’s view, these comments do not argue against—and in many cases support—the proposition that, if consumers were shown furnace fact sheets, many would take energy efficiency into consideration when shopping for and purchasing these products. The Commission believes, then, that if non-disclosure problems threaten the efficacy of a disclosure scheme that relies on fact sheets as the consumer’s only source of energy usage information, they would be corrected by the disclosure approach discussed herein for central air conditioners. This approach requires that central air conditioners bear a label that discloses the EER of the unit coupled with generic range information. The label also refers consumers to either fact sheets or an industry directory for additional energy cost and efficiency information. Labels attached to products showing EER’s and ranges and directing consumers to fact sheets or directories for cost information will at least alert consumers to the existence of differences in energy consumption among models and to the availability of additional information. This should act as an incentive for retailers to use the energy information to steer energy­ conscious consumers to the more efficient products in the retailer’s line. If retailers grow accustomed to showing the required energy usage information to consumers—whether for furnaces or central air conditioners—they will become familiar enough with it to be able to explain it and the problem of “confusing” fact sheets will be alleviated.

While the concerns expressed above may raise some ■questions about the feasibility of a labeling program for central air conditioners, the Commission believes, on balance, that energy usage information for central air conditioners is useful and that it will be of considerable assistance to consumers in making central air conditioner purchasing decisions. The post-record comments from all consumers, as well as three state agencies and two utilities, indicate support for making such information available.22 Some commenters questioned the utility of energy usage disclosures for central air conditioners sold on the new home construction markets. ARJ 28 and three manufacturers 24 noted that somewhere between 40% and 50% of new central air conditioners are installed and sold in connection with the construction of new homes. They make the point that, when foe consumer sees a finished home, foe central air conditioner has been selected and foe consumer has no say in foe process.25 Borg-Warner suggests that “[ojbviously, labels and fact sheets would have no impact on these sales.”26 The implication is that, in many cases, energy usage disclosures would not assist consumers in making purchasing decisions, and, therefore, the products should be exempted from coverage. With respect to new homes, foe Commission is in agreement with the opinion, expressed in foe CAC Staff Report27 that one of foe objectives of the energy usage disclosure program is to raise consumer awareness that these products consume energy in differing amounts and thereby to encourage consumers to consider appliance energy usage as a factor in purchasing a new home. With this information, an energyconscious consumer could select one house over another; or, such a consumer could order a more efficient unit, where such a choice was possible. These options would be available to consumers who visit various model homes in new or soon-to-be-built subdivisions because they would probably see labels on foe major appliances in foe model homes. Moreover, consumers’ receipt of this energy usage information after consummation of foe sale would still encourage builders to install energy efficient central air conditioners. This would also hold true m the case of sales by heating and cooling contractors, who normally sell their products without first showing them to consumers. The concept is well stated by foe State 2216-8.9-16/1. See, also, California Energy Commission, 19-17; Pacific Power and Light. 13-20, 14-20; and Pennsylvania Power Co., 19-18. 3313-62/2.4.

24 Brag, 13-.50/1; ClIPyiEC, 13-59/1 ¡Climate Control. 13-68/ 2-3.

** Borg, 13-50/1; AR1,13-62/2. 29 Borg, 13-50/1.

27 Pp. 12-14.

Office of Emergency and Energy Services of the Commonwealth of Virginia:

We agree with the FjTJC staff .that the proposed labeling will be helpful to consumers even when the appliances are built into a new house or when they are bought through a heating and cooling contractor. Home builders are necessarily concerned with the impression of quality left by their houses in the minds of potential buyers. A high efficiency rating on a major energy-using appliance helps to form that impression. W e believe that labeling of central air conditioners, heat pumps and all other types of furnaces therefore, provides an important incentive to install equipment with higher efficiency. Similarly, the reputation of the heating contractor will be enhanced if an individual who purchases his equipment from the contractor finds or confirms that the equipment is of high efficiency.28 b.

Energy Usage Disclosure Would Burden a Part o f the Industry. Most central air conditioners do not constitute one unit but are so-called “split systems”. Simply stated, this means that foe two main operating components of foe system are separate units—foe evaporator coil and condenser unit. The condenser unit is often placed outside foe house, while the evaporator coil is usually installed in the duct work inside the house. While all foe parts of a split system central air conditioner are sometimes manufactured by the same company and purchased at once by a consumer, foe components of a system are frequently purchased separately from different manufacturers. Thus, a consumer may find that his or her condenser unit has failed and will replace foe unit, or an installer may buy a condenser unit from one manufacturer and a coil from another in order to complete a new installation.

One concern raised for foe first time in foe post-record comments is the plight of independent coil manufacturers. Coil manufacturers are small businesses that supply evaporator coils that are combined with foe condenser/ compressor units manufactured by larger companies. The resulting splitsystem air conditioners are referred to as “mix-matched” systems.29 These 28 19—IB/l.See also the comments of Hirschi Realtors, 13-18. and the lib ra Foundation, 13-19: Energy use information on central air conditioners and heat pumps will be very helpful to us m deciding on equipment for new construction as as replacement units.

29 A split system that is put together using components produced fey the same company w called a "matched” system.

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4S891 Federal Register ./ Mol 52, Jfc. 237 ,/ Thursday, December m 1987 lj Buies .and Regulations small companies have been able .to compete in the market succesfully by supplying a product that is tailor-made to solve a particular need,‘sudh as special environmental .conditions, apace restrictions or .other, .similarly specialized circumstances.30 Orders for such coils are usually limited in number, so that their manufacture is more economical Tor smaller companies .than for large. Condensers are manufactured exclusively Jby the large, integrated companies, that also ¡manufacture coils to match up with them.

Nine such coil manufacturers commented on the CAC Staff Report31 and another 14 comments were received from contractors who appeared to share in the concern expressed by the coil manufacturers.'92 The coil manufacturers believe that, if they are covered by the Commission’s Rule, each one will have to generate many hundreds of ratings Tor every combination that could conceivably be sold using each uf its evaporartor coils and each of fee coippatfble condenser units mamrfactured hy .other companies, including situations in which they would be providing replacement units for part of existing split systems tn consumers’ homes.33 They allege that, as small companies, their financial burden would be disastrous.

The Commission ’believes that today’s amendments adequately address the concerns expressed hy 'dm coil manufacturers. The DOE test procedure 34 permits a manufacturer of split system central air conditioners to test only’the ¡best-selling combination and to computer ¡rate the others. The amended Rule requires that only this best-selling” rating %e disclosed on the product-specific label attached to the condenser in split systems. Ratings o f other condenser-coil combinations, derived using an engineering analysis technique (that may use a computer simulation) permitted by the DOE test procedure, would he allow ed (on feet sheets or in the Directory), but aw# required. Thus, an installer could match a condenser with .any of a number .of appropriate coils to make a 30First,13-44/1-2; Apdllo. 13-35; Alamo. 13-31 1 Apollo, 13-35; First, 13-44 (Supp.)13-55; Asp Manufacturing, ‘Inc., 13-46,13-49; Magna^Flow Industries. 13-46,33*1;‘Red-T-Coil.bic., 1 3 -1 6 ; C Company, hie, 13-47; Airmax, lne.,13-54;’MHgic Aire Division, 13-^56;’International 'Environmental Corporation.

[Illegible in the scan: 1 paragraph of unreadable text omitted. See the PDF for the original.]

combmation, and would he confident that the requiBements of the ¡Rule were met by .the rating-on the label on the condenser, which would he provided by the condenser manufacturer. Under the Rule, the coil manufacturer would not have to test iforor supply energy usage information yet the consumer would receive valid energy efficiency information far comp a ris on purposes. We believe that this approach addresses the concerns expressed by the coil manufacturers.

The Commission is not troubled by the compromise inherent in the notion of disclosing a single efficiency figure on a given condenser for all the combinations that match it with any noil that might work with it. The Commission believes that this approach is well justified :by the fact -that the substitution of one-coil for another in a-given system will, generally, change the system’s efficiency by no more than plus or minus five peroerrt.35 ¡Nevertheless, in order to avoid any misunderstanding by consumers as to the precise accuracy of the energy ¡usage disclosure in sudh situations, the-Commission is requiring language .on .the labels and fact sheets that alerts consumers to the fact that the rating will vary slightly with different coils. This ’language is 'discussed in more detail in .the section .on .label placement, below.

2. Product-Specific Labels for Central Air Condifi oners The Commissiim has .already mentioned the requirement that produeitspecific labels appear on central air conditioners. The «Commission .considers that these labels .are a key element in an effective energy usage ¡disclosure scheme for these products. As noted earlier, .comments received from several .industry members suggest that the approach proposed by Commission staff for central air conditioners in the Recommended Rule (generic labels with fact sheets serving as the exclusive ¡source o f energy usage information) would be no more successful than the similar program already in place ior fumaces. fa an effort to minimize this possibility, the Commission has modified the format previously proposed for the label so that it is no longer generic, but is ‘‘productspecific”—that is, it shows energy efficiency information that is specific to the product to which it will be attached. a. The Label Itself. The productspecific label, which appears at the end of the Amended-Rule-as a “.Sample 85 See, far.example,'First (supp:). 39-55/4-4i and Aspen, 13-48/3-4.

Label”, will show :a ‘‘generic” range of EER’s for the «cooling function of. all central air ¡conditioners. When used on heat pumps, which ¡usually perform both heating and cooling functions, the label will also show generic ranges of EER’s for the heating function of a^/heat pumps thatpsrform both functions. Above this generic range will be the EER of the particular unit to which the label is attached. Heat pump labels will show the EER for both the cooling and heating functions. Below the productspecific EER and the generic ranges will be the following statement: Federal law requires the seller or installer of this appliance ¡to make available a fact sheet -•or directory giving further information regarding the efficiency and operating cost of this equipment. Ask for this information. These product-specific labels differ from the labels originally recommended by Commission staff in the CAC Staff Report an three ways:

1. They show an EER38 for EER’s, for heat pumps) for the product to which they pertain;

2. They ¡show ,a range of EER’s (or ranges, for heat pumps) for all .such products; and 3. They contain stronger language referring .consumers to fact sheets and directories (the ¡reference to directories is also new,).

These new elements are the backbone of today's ameEndments.

Because the label would .show the EER «of-the product, as well as range information, labeled products would always be sold wife fee ¡minimum information required by EPCA377 36T h e opinion was expressed in a number of commenlsfBarg, 33-50/4; ¡ARl, 13-62/11; 'Climate Control, 13-68/I f Trane, 13-66/2; Rheem, 13-52/4) that ¡the term "EER",(“energy efficiency rating”) should be abandoned for central air conditioners.in favor of the terms '‘9EER” ("seasonal-energy efficiency ratio’‘)*farjcoolmgionly-central air conditioners and the.cooling side of heat pumps and "HSPF" (“heating seasonal performance factor”)¡for the heating side of heaCpumps. The Commission is aware of fhe-differenbterms used in the'industryfor the various typesof.air conditioners. It is the Commiaaioii’-s belief, however, that, from the consumer's point<of view,.it would.befarsimpler to look only for a single term, regardless-of what product is 'being «cammed. Forthis reason,-the Rule requiresasa .disclosure,only the term “EER”, regardless o f which appliance; is beiqg.descrt bed in terms of its.energy efficiency. 37 Under section 324(e)(1) of EPCA, the Commission’s Rulemustrequire labels on products, to show energy eost information (or another energy usage measure, .which, inlhe case ofoentral.air conditioners, is .the EER)-and range information. Section 324(c)(5) of EPCA allows the Commission to require, with the product, additional energy consumption,information,if ¡the Commission determines that it would assist .oonaumersin making.purchasing decisions,and-would not unduly burden manufacturers. Efficiency and-range .Continued

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46892 Federal Register / Vol. 52, No. 237 / Thursday, December 10, 1987 / Rules and Regulations attached to them. Thus, at some time, consumers would be aware of this information. Even in those cases in which this minimum information was not seen until after the sale, it would still be seen, and this could lead to complaints if the other required information on fact sheets or in directories had not been shown during the sale.

The Commission is requiring that the ranges on the product-specific labels be generic for two reasons. First, in central air conditioners, there is little difference in efficiency due to the sizing, or capacity, of the products alone. Thus, there is roughly the same spread of efficiencies throughout all the various capacities, and a single range encompassing this spread is sufficient to inform consumers of what efficiencies they can generally expect to find. Second, a single, generic range on the labels will be the same on all labels, and this will simplify label printing for the industry. The actual range figures will be published after the Commission has reviewed the data that § 305.8(a) requires manufacturers to submit two months from publication of today’s amendments.

Because the language, discussed above, referring consumers to fact sheets or directories would state that the availability of these additional sources of information is required by Federal law, the labels would increase the likelihood that the additional cost information required by the Rule would be seen by consumers. From this point of view, the labels and fact sheets (or directories) would be a system of disclosure that would ensure that consumers would, at the very least, see the basic information required by the statute, and would also enable them to see the additional information required by the Rule, if they wished. b.

Placem ent o f the Label. For central air conditioners consisting of a condenser unit and evaporator coil contained in a single unit, the label must be placed conspicuously on the single unit. With split systems, the condenser unit and evaporator coil are in different locations, once the unit is installed. The condenser unit is most often located outside the house on a concrete slab, while the evaporator coil is usually out of sight in the duct work inside the house. Therefore, the label should be affixed to the condenser unit. As discussed earlier in section 1(b), the information is essential to consumers purchasing these products. The cost information on fact sheets and in the ARI Directory is equally important for giving a full picture of the energy usage of central air conditioners.

efficiency rating of the “best selling" combination must appear on the product-specific label. The rating would be common to all combinations using that condenser.

In order to alert consumers to the fact that the EER on the label and fact sheet for split systems is the EER for the “best-selling” condenser-coil combination, and that the EER of the combination they actually purchase could differ slightly from that shown, the Commission is requiring that language to that effect appear on both the labels and the fact sheets. Consequently, § 305.11{a)(5)(iii)(G) (pertaining to labels) and § 305.11(b)(3)(ix) (pertaining to fact sheets) of the Rule require that one of the following disclosures be made on labels and fact sheets that relate to the sale of “best-selling” combinations of split system central air conditioners and heat pumps:

(1) For labels and fact sheets disclosing the energy rating for cooling, the disclosure should read: “This energy rating is based on U.S. Government standard tests of this condenser model combined with the most common coil. The rating may vary slightly with different coils.”

(2) For labels and fact sheets disclosing the energy rating for both heating and cooling, the disclosure should read: “This energy rating is based on U.S. Government standard tests of this condenser model combined with the most common coil. The rating will vary slightly with different coils and in different geographic regions.” (3) For labels and fact sheets disclosing the energy rating for heating, the disclosure should read: “This energy rating is based on U.S. Government standard tests of this condenser model combined with the most common coil. The rating will vary slightly with different coils and in different geographic regions.”

Labels and fact sheets disclosing the actual rating of specific combinations need not contain such a disclosure. c.

Burden on Manufacturers. Today’s amendments requiring product-specific labels would not unduly burden the industry. Manufacturers already must perform the tests, since section 323(c) of EPCA requires all energy usage representations, including listings in a directory, to be based on DOE test results. In addition, the label is in as simple a format as the Commission could develop without sacrificing the required information. The only item on the label that will vary from product to product is the EER itself, since the ranges are generic. This places on the manufacturers the smallest possible burden that will still result in the required disclosures.

3. The ARI Directory Option ARI has recommended throughout this proceeding that, if the Rule is amended to cover the central air conditioner category, it should be modified to allow manufacturers the option of satisfying the energy usage disclosure requirements through a listing in ARI’s Directory.38 The Commission’s staff originally recommended that the Commission reject ARI’s proposed modification because, among other reasons, there were no ranges of comparability, as required by EPCA, and because the staff was concerned that the Directory would not be seen by consumers.39 This latter concern stemmed from the staff s belief that the Directory would not necessarily be displayed or receive widespread distribution.

However, ARI has made modifications in its proposal to accommodate the staff s objections and has indicated a willingness to make further changes. Because of these changes, and because the amendments announced today now include the requirement that central air conditioners bear a label showing simplified efficiency information and referring consumers to fact sheets or a directory, the Commission now believes that more consumers will receive full energy usage information on these products if manufacturers were afforded the “Directory Option.” Of course, the option of using fact sheets will still be left available for those manufacturers who choose not to participate in the ARI Directory (or any other complying directory) program.

a. Support for the Directory Option. Six integrated manufacturers 40 and one contractor/ installer 41 endorsed the ARI alternative proposal without qualification. The California Energy Commission 42 gave the program a 88 See pp. 21-23 of the CAC Staff Report. 88 Id., pp. 23-24.

*° Lennox, 13-60; Rheem. 13-52; Borg. 13-50; Carrier, 13-61; Trane, 13-66; Climate Control, 13-68. 41 Cole, 13-42.

42 CEC, 19-17. See also Appendix B to ARI, 13-62. i sum, CEC believes that, while ARI has a otentially laudable program, its tests should not be onducted in such secrecy and it should allow »presentation of consumer and government iterests on the committees that decide how the (OE tests are performed and what will be ublished in the Directory. ARI has responded that ny reasonable requests to observe testing are onored. that the DOE tests that it uses are eveloped by committees of the American Socie y jt Heating, Refrigerating and Air-Conditioning Ingineers (ASHRAE). which are open to allContinued

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F-ederaMlegister / Vol. ’52, No. .'237 J Thursday, December 10, 1987 f Rules and Regulations 46893 conditional endorsement. The industry members supported the Directory alternative for the following reasons: The Directory puts all of the energy usage information in one publication that is accurately updated semi­ annually; the Directory is the product of a reliable and established certification and verification system using an independent testing agency; and, the Directory is already familiar to, relied on and used by -builders, retailers and contractors for referencing equipment efficiencies.

In addition, AM noted that its proposal now includes an Operating Cost Guide, which is a booklet that would -be sent Tree, along with the Directory, to some 46,000 retailers. The Cost Guide would enable consumers to calculate for themselves the annual operating cost of any central air conditioner listed in the Directory.43 As another point in favor of the directory alternative, AM estimated that the directory approach would reduce the expense to manufacturers by perhaps as much as $40,000 eadh, for those who elect to exercise the option.44 Finally, AM noted 45 that the ARI Directory is-superior to the idea-of a binder containing fact dheets for all models of central air condi tioners sold by a particular retailer, even though the binder idea is a useful concept. This is because the Directory not only contains energy ¡information on all models of the program but also is updated semi­ annually. With the fact sheet binders, retailers would ¡have to rely on manufacturers to provide them with updated versions of fact sheets as they become available «and would be responsible for keeping these current in the binder. Some hinders would undoubtedly be out-of-date. The Directory is provided every six months in a completely updated format. Retailers do not themselves ha ve to insert new pages throughout >the year; therefore, they can be sure that all the information contained in the Directory is current and complete.

b.

Opposition to the Directory Option. Opposition to the Commission’s acceptance of the ARI proposal was ASHRAE members and.others. and. that, with respect to the contents of its Directory, ARI is open to all constructive suggestions that wilhserveits members customers. The Commission has considered these two comments and.is satisfied .that the internal procedures in ARr8 present program, especially when-seen in the context of the Comimssion-s Rule and DOE's test procedures, allow for sufficient ¡representation and observation. .

Ao example of the Cost Guide appears as Appendix A to.ARI’s formal comments and 13-66-/3.-Bo^. 13-soft, 45 13-62/5.

expressed by eleven contractor/ retailers,46.six independent coil manufacturers,47 the Better Heating- Cooling Council 48 and die State Office of Emergency end Energy Services of the Commonwealth of Virginia.4 9 The concerns expressed by the coil manufacturers.and contractors have been previously discussed. As noted at the end of that discussion, coil manufacturers will not have to test for, computer-simulate or provide information about the energy usage of the products they sell. Nor will they have to’be listed in a directory, because the EERs of split system central air conditioners will be disclosed on labels affixed to condensers by condenser manufacturers, and «coils do not have to be labeled. At fhe same time, consumers will still ’receive energy usage information about split system central air conditioners.

The State of Virginia simply stated a preference for fad sheets over the ARI Directory. The Better Heating-Cooling Council noted that the Directory, while suitable to the trade, would he meaningless to prospective buyers of heating and cooling equipment. The Commission notes that this comment was based on ARPs original proposal, before ARI’s planned modifications. c.

Modifications to ARVs Original Proposal. The principal modification offered by ARI with respect to its original proposal is the Operating Cost Guide.5-0 In addition to this change, .the Commission is including in the Rule two minimum distribution requirements for all directories, in order to alleviate its concerns over the publication’s distribution. First, the publication must be distributed to all retailers that sell products listed in the directory. Second, the directory must be available at cost to nil other interested parties. C. Fact Sheets There were several comments directed at the methodology required to obtain the figures used in the Sample Fact Sheets and Appendices H and I. These comments pertain to the DOE test procedure, rather than to the 46 Air Flow, 13-21; McCalls, 13-22; Brooks, 13-23; Air-O-Quip, 13424,1-3-41,13-53,13-58; Ross, 13-25; Steinberg, 13-29; Comfort Rac, 13-30,13-40; Modem Mechanical, 13-32,13-1-3,13-34,13-38,.13-39; Frazier. 13-36;"Hobbs. 13,37; Associated, 13-43. 47 Magic Aire, 13-50; First, 13-44,13-55; Asjpen, 13-49; Magna-Flow, 13-51, Coil. 13-47; Airmax, 13- 54.

48 13-27.

49 19-16.

50 ARI also offeredlonndlude ranges in its Directory. Since range information is now required on the product-specific labels, it will mo longer,be required in the directories or on the specific fact sheets.

Commission's Rule. Since the Commission is not empowered to modify DOE’s test procedures, it has not given these comments substantive consideration.

III. The Pulse Combustion and Condensing Furnace Amendment A. Background of the Proceeding This proceeding was instituted in July, 1981 51 because DOE amended its furnace »test procedure in August, 1980 52.to include two relatively new types of furnaces—pulse combustion furnaces and condensing furnaces. Laheling of-these types of furnaces was not discussed during the original rulemaking proceedings in 1978, since the products were not sufficiently developed for marketing. Consequently, in order to develop evidence relating to these ¡products, a rule amendment proceeding was instituted to ¡afford interested persons an opportunity to comment on the appropriateness of covering these products‘under the Commission’s Appliance Labeling Rule.63 B. Coverage The question whether to include pdlse combustion and condensing furnaces under the coverage of the Commission’s Rule has never been at issue throughout this entire amendment proceeding. The only post-record comment directly dealing with this issue was from the -Gas Appliance Manufacturers Association (GAMAJ, one of fhe two principal trade associations representing manufacturers of furnaces and boilers:7*4 * * * ¡GAMA agrees with,.and ¡fully supports, the proposed amendment to .'Section 305.3(g) to the Federal Trade Commission’s Appliance Labeling Rule to includepulse combustion ¡and condensing ¡furnaces in ithe rule.56 The Commission has no reason to distinguish these types of furnaces from all other furnaces presently covered by the Rule and, consequently, amends the Rule today so that they are covered in the same manner as other «covered furnaces.

46 FR 38105 (July 24,1981). 82 45-FR’-53714(Augustl2,1980). 83 See Pulse Combustion and Condensing Furnaces {‘¡Furnace”).Staff .Report, August, 1983, pp. 3-4.

84 The other principal furnace industry trade association is the Hydronics Institute. Berkeley Heights, ttfew’Jersey.

88 GAMA. 13-63/1.

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48894 Federal Register / Vol. 52, No. 237 / Thursday, December 10, 1987 / Rules and Regulations C. The GAMA Directory Proposal for Furnaces The question whether manufacturers of all furnaces, including these new products, should be afforded the option of disclosing required information in an industry directory was raised by GAMA.

At the time of the hearings in 1981, GAMA was about to launch a voluntary certification program for furnace manufacturers that was similar in many respects to ARI’s certification and directory publication program. The furnace program was to involve submission to GAMA of efficiency information derived from the DOE test procedures, ongoing verification testing with an internal enforcement mechanism, and the publication and distribution of a directory listing participating manufacturers along with efficiency information on each of the models they produce. In addition to providing energy efficiency information, the Directory would include a procedure that would allow for a determination of the estimated annual cost of operation for any model listed.56 The GAMA Directory would be distributed to all GAMA members in quantity, and GAMA indicated a willingness to make reference copies available to all public libraries. For consumers and others, the Directories would be available at their production cost to GAMA, which was estimated at around $5 a copy.57 Unlike the central air conditioner amendment proceeding, which concerns labeling for an entirely new class of products, this proceeding has been conducted for the sole arid narrowly defined purpose of determining whether two relatively new types of furnaces should be included under the Rule. Questions posed by the Commission in the notice were corifined only to the narrow issues raised by this proposal. Consequently, the public was given an opportunity to comment only on this issue of coverage. The Commission believes that the GAMA proposal goes beyond the scope of this proceeding and, therefore, that it cannot be considered within its context. However, the Commission is continuing to evaluate the efficacy of the current furnace labeling program, and, as a potentially viable alternative to the current furnace labeling scheme, will give the GAMA proposal serious consideration in any recommendations for subsequent Rule revisions. 88 Furnace Staff Report, pp. 9-10. See also pp. 11- 12.

87 Id., pp. 11-12.

IV. Paperwork Reduction Act Because today’s amendments extend the scope of the Appliance Labeling Rule’s existing labeling and disclosure requirements, they were submitted to the Office of Management and Budget (“OMB”) for review under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). The submission, which was in the form of a request for an amendment to the existing clearance for the Appliance Labeling Rule was made on October 21,1986 (OMB No. 3084- 0069). On December 24,1986, OMB approved the information collection requirements for use through December 31,1989.

List of Subjects in 16 CFR Part 305 Advertising, Energy conservation, Household appliances, Labeling, Reporting and recordkeeping requirements.

Accordingly, 16 CFR Part 305 is revised to read as follows: PART 305— RULES FOR USING ENERGY COSTS AND CONSUMPTION INFORMATION USED IN LABELING AND ADVERTISING FOR CONSUMER APPLIANCES UNDER THE ENERGY POLICY AND CONSERVATION ACT Scope Sec.

305.1 Scope of the regulations in this part, 305.2 Definitions.

305.3 Description of covered products to which this part applies. Genera! 305.4 Prohibited acts.

Testing 305.5 Determinations of estimated annual energy cost and energy efficiency rating. 305.6 Sampling.

305.7 Determinations of capacity. 305.8 Submission of data.

Representative Average Unit Energy Costs 305.9 Representative average unit energy costs.

305.10 Ranges of estimated annual energy costs and energy efficiency ratings. Required Disclosures 305.11 Labeling for covered products. 305.12 Additional information relating to energy consumption.

305.13 Promotional material displayed or distributed at point of sale. 305.14 Catalogs.

Additional Requirements 305.15 Test Data records. 305.16 Required testing by designated laboratory.

Effect of This Part 305.17 Effect of other law.

305.18 When the rules take effect. Sec.

305.19 Stayed or invalid parts. Appendix A l—Refrigerators. Appendix A2—Refrigerator-Freezers. Appendix B—Freezers.

Appendix C—Dishwashers. Appendix Dl—Water Heater-Gas. Appendix D2—Water Heater-Electric. Appendix D3—Water Heater-Oil. Appendix E—Room Air Conditioners. Appendix F—Clothes Washers. Appendix G—Furnaces.

Appendix H—Cooling Performance and Cost for Central-Air Conditioners. Appendix I—Heating Performance and Cost for Central-Air Conditioners. Appendix J—Suggested Data Reporting Format.

Authority: Sec. 324 of the Energy Policy and Conservation Act, Pub. L. 94-163, as amended by the National Energy Conservation Policy Act, Pub. L. 95-619 (42 U.S.C. 6294). Scope § 305.1 Scope of the regulations in this part.

The rule in this part establishes requirements for consumer appliance products, as hereinafter described, in commerce, as “commerce” is defined in the Energy Policy and Conservation Act, 42 U.S.C. 6291, with respect to: (a) Labeling the products with information indicating their estimated annual energy costs or energy efficiency ratings, and related information; (b) Including in printed matter displayed or distributed at the point of sale of such products, or including in any catalog from which the products may be purchased, information concerning their energy consumption; (c) Including on the labels, separately attaching to the products, or shipping with the products, additional information relating to energy consumption, energy efficiency, or energy cost; and (d) Making representations, in writing or in broadcast advertising, respecting the energy consumption, energy efficiency, or the cost of energy consumed by consumer appliance products.

Definitions § 305.2 Definitions.

(a) “Act” means the Energy Policy and Conservation Act (Pub. L. 94-163), and amendments thereto.

(b) “Commission” means the Federal Trade Commission.

(c) “Manufacturer” means any person who manufactures, produces, assembles, or imports a consumer appliance product. Assembly operations which are solely decorative are not included. _• (d) “Retailer” means a person to whom a consumer appliance product is delivered or sold, if such delivery or sale

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Federal Register / Vol, 52, No. 237 / Thursday, Decem ber 10, 1987 / Rules and Regulations 46895 is for purposes of sale or distribution in commerce to purchasers who buy such product for purposes other than resale. The term “retailer” includes purchasers of appliances who install such appliances in newly constructed or newly rehabilitated housing, or mobile homes, with the intent to sell the covered appliances as part of the sale of such housing or mobile homes. (e) “Distributor” means a person (other than a manufacturer or retailer) to whom a consumer appliance product is delivered or sold for purposes of distribution in commerce. (f) "Private labeler” means an owner of a brand or trademark on the label of a consumer appliance product which bears a private label.

(g) “Range of comparability” means a group of models within a class of covered products, each model of which satisfies approximately the same consumer needs.

(h) “Estimated annual operating cost” or “estimated annual energy cost” means the aggregate retail cost of the energy which is likely to be consumed annually in representative use of a consumer product, determined in accordance with tests prescribed under section 323 of the Act (42 U.S.C. 6293). (i) “Energy efficiency rating” means the “annual fuel utilization efficiency” for furnaces, “energy efficiency ratio” for the cooling function of central air conditioners, and “heating seasonal performance factor” for the heating function of central air conditioners determined in accordance with tests prescribed under section 323 of the Act (42 U.S.C. 6293).

(j) “Range of estimated annual operating costs” or “range of estimated annual energy costs” means the range of estimated annual operating costs of all models within a designated range of comparability.

(k) “Range of energy efficiency ratings means the range of energy efficiency ratings for all models within a “esi8pa^ed range of comparability. (l) “New covered product,” as used in § 305.4, means a covered product the title of which has not passed to a purchaser who buys the product for purposes other than resale or leasing for a period in excess of one year. (m) “Catalog” means printed material which contains the terms of sale, retail pnce, and instructions for ordering, from which a retail consumer can order a covered product.

(n) Consumer appliance product” means any appliance product for which the Secretary of the Department of Energy has prescribed final test procedures pursuant to section 323 of the Act (42 U.S.C. 6293). (0) “Covered Product” means any consumer appliance product defined in § 305.3 of the rule which is, or may be, used for personal use or consumption by individuals.

§ 305.3 Description of covered products to which this part applies. (a) Refrigerators and refrigeratorfreezers.

(1) "Electric refrigerator” means a cabinet designed for refrigerated storage of food at temperatures above 32° F and having a source of refrigeration requiring an electrical energy input only. It may include a compartment for the freezing and storage of food at temperatures below 32° F but does not provide a separate low-temperature compartment designed for the freezing of and long-term storage of food at temperatures below 8° F. It has only one exterior door, but may have interior doors or compartments.

(2) "Electric refrigerator-freezer” means a cabinet which consists of two or more compartments with at least one of the compartments designed for the refrigerated storage of foods at temperatures above 32° F and with at least one of the compartments designed for the freezing of and the storage of frozen foods at temperatures of 8° F or below and which may be capable of adjustment by the user to a temperature of 0° F or below. The source of refrigeration requires an electrical energy input only.

(b) “Freezer” means a cabinet designed as a unit for the storage of food at temperatures of 0° F or below and which has the ability to freeze food. The source of refrigeration requires an electric energy input only. (c) “Dishwasher” means a cabinetlike appliance which, with the aid of water and detergent, washes, rinses, and dries (when a drying process is included) dishware, glassware, eating utensils and most cooking utensils by chemical, mechanical, and/or electrical means and discharges to the plumbing drainage system.

(d) “Water heater” means an automatically controlled, thermally insulated vessel designed for heating water and storing heated water. It is designed to produce hot water at a temperature of less than 180° F. (1) "Electric water heater” means a water heater which utilizes electricity as the energy source for heating the water, which has a manufacturer’s specified energy input rating of 12 kilowatts or less at a voltage of no greater than 250 volts, and which has a manufacturer’s specified storage capacity of not less than 20 gallons nor more than 120 gallons.

(2) “Gas water heater" means a water heater which utilizes gas as the energy source for heating the water, which has a manufacturer’s specified energy input rating of 75,000 Btu’s per hour or less, and which has a manufacturer’s specified storage capacity of not less than 20 gallons nor more than 100 gallons.

(3) “Oil water heater” means a water heater which utilizes oil as the energy source for heating the water, which has a manufacturer’s specified energy input rating of 103,875 Btu’s per hour or less and which has a manufacturer’s specified storage capacity of 50 gallons or less.

(e) "Room air conditioner” means an encased assembly designed as a unit for mounting in a window or through the wall for the purpose of providing delivery of conditioned air to an enclosed space. It includes a prime source of refrigeration and may include a means for ventilating and/or heating. (f) “Clothes washer” means a consumer product designed to clean clothes, utilizing a water solution of soap and/or detergent and mechanical agitation or other movement. (1) "Automatic clothes washer” means a class of clothes washer which has a control system capable of scheduling a pre-selected combination of operations, such as regulation of water fill level, and performance of wash, rinse, drain and spin functions, without the need for the user to intervene subsequent to the initiation of machine operation. Some models may require user intervention to initiate these different segments of the cycle after the machine has begun operation, but they do not require the user to intervene to regulate the water temperature by adjusting the external water faucet valves.

(2) “Semi-automatic clothes washer” means a class of clothes washer that is the same as an automatic clothes washer except that the user must intervene to regulate the water temperature by adjusting the external water faucet valves.

(3) "Other clothes washer" means a class of clothes washer which is not an automatic or semi-automatic clothes washer.

(g) “Furnace" means a device, utilizing only single-phase electric current or millivoltage DC current in conjunction with either natural gas, propane, or home heating oil, which is designed to be the principal heating source for the living space of a residence and which is not contained within the same cabinet with a central air conditioner, whose rated cooling capacity is above 65,000 Btu’s per hour.

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46896 Federal Register / Vol. 5 £ No, 23? / Thursday, D ecem ber 10, 1987 / Rules and Regulations Every furnace is either an electric central furnace, electric boiler, forced* air central furnace,, gravity central furnace, or low pressure steam* or hot water boiler. The heat input rate o t a furnace is less than 300,Q0G Btu?s per hour for electric boilers and low pressure, steam or hot water boilers, and is less than 225,000 Btu’s per hour for forced-air central furnaces, gravity central furnaces, and eleetrie central furnaces.

(h) “Central air conditioner” means a consumer product which is powered by single phase electric current, which is rated below 65,000 Btu’s per hour, which is not contained within the same cabinet as a furnace whose rated capacity is above 225,000 Btu per hour, and which is either a “heat pump” or a “cooling only unit.”

(1] “Condenser-evaporator coil combination” means a condensing unit made by one manufacturer and one of several evaporator coils, either manufactured by the same manufacturer or another manufacturer; intended to be combined with, that particular condensing unit, (2) “Condensing unit" means a component of a “central air conditioner” which is designed to remove heat absorbed by the refrigerant and to transfer it to the outsidb environment, and which consists of an outdoor coil, compressor(s), and air moving, device. (a), “Cooling only unit” means a “central air conditioner” which consists of an air cooled condensing unit and an evaporator coil, and which is designed to provide air cooling, dehumidifying, circulating, and air cleaning, (i) ; “Heat pump” means a “central air conditioner” which is! either an “airsouree heat pump” or a “water-source heal pump;”

(1) “Air-source heat pump” means a* “heat pump” which consists* of one or more assemblies, which utilizes air indoor conditioning coil, compressor's)1, and refrigerant-to-outdoor air heat excftangerto provide airheating, and which may also provide air cooling, dehumidifying, circulating, and air cleaning.

(2) “Water-source heat pump” means a “heat pump” which consists of. one assembly which utilizes an indoor conditioning coil with air moving.means, compressors), and refrigerant-to-water heat exchangerfs) to provide both air healing, and cooling, dehumidifying,, circulating, and air cleaning. Water source heat pumps are not subject te the provisions of this, rule- General § 305.4 Prohibited acts. (a) It shall be unlawful and subject to the enforcement penalties of section 333' of the Act of a maximum civil penalty of $100 for each unit of any new covered product to which* this part applies:' (1) For any manufacturer or private labeler knowingly to distribute in commerce any new covered product unless such covered product is labeled in accordance with § 305;11 with a label, flap tag, hang tag or energy fact sheet which conforms to the provisions of the Act and this part.

(2) For any manufacturer, distributor, retailer, or private labeler knowingly to remove or render illegible any label required to be provided with such product by this part (3) For any manufacturer or private labeler knowingly to distribute in commerce any new covered product, if there is not included (i) on the label, (ii) separately attached to the product, or (iii) shipped with the product, additional information relating to energy consumption or energy efficiency which conforms to the requirements in this part.

QjJ It shall be unlawful- and subject to the enforcement penalties of section 333 of the Act of a maximum civil penalty of $100 per day for any manufacturer or private labeler knowingly to: (1) Refuse a request by the Commission or its designated representative for access- to*, or copying of records required to be supplied» under this» part.

(2) Refuse to make reports or provide upon request by the Commission or its designated representative any information! required to be supplied under this part.

(3) Refuse upon request by the Commission or its designated representative topermit a representative designated by the Commission to observe any testing? required by this part while such testing is being conducted or to inspect the results of such testing. This section shall not limit the-Commission from requiring additional testing under this part (4) Refuse, when requested by the Commission or its designated, representative, to supply at the manufacturer’s expense, no more than two of each model of each covered product to any laboratory designated by the Commission for the purpose of ascertaining whether the information in catalogs or set out on the label as required by this part is accurate. This action wall be taken only after review of a manufacturer’s testing records and an opportunity to revalidate test data has been extended to the manufacturer. (5) Distribute in commerce any catalog containing a listing for a covered product without the information required* by § 306-14 of this Part. This subsection shall also apply to distributors and retailers. (c) Pursuant to section 333(c) of the Act, it shall be an unfair or deceptive act or practice in violation of section 5(a)£l) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)) for any manufacturer, distributor; retailer or private labeler in or affecting commerce to display or distribute at point of sale any printed material applicable to a covered product under this rule if such printed material does not contain the information required by f 305.13. This requirement does not apply to any broadcast advertisement or to any advertisement in a newspaper, magazine, or other periodical (d) Effective* 180 days after a test procedure applicable to a consumer appliance product is prescribed by the Secretary of the Department of Energy, pursuant to section 323 of the Act (42 U.S.C. 6293), it shall be an unfair or deceptive act or practice in. violation of section 5(a)(1) of the Federal. Trade Commission Act (15 U.S.C. 45(a)(1)) for any manufacturer, distributor,, retailer,; or private labeler to make any representation in or affecting commerce— (1) In writing, (including a representation on a label), or (2) , In any broadcast advertisement, respecting the energy consumption of the product or cost of energy consumed by the product, unless the product has been tested in accordance with the test procedure and the representation fairly discloses the results of the testing, This requirement is not limited to* consumer appliance products covered by the labeling requirements of this part. Any manufacturer,, distributor, retailer, or private: labeler may file a* petition with the Commission not later than sixty (60) days before the expiration of the period involved for an extension- of the 180-day period. If the Commission finds that th e requirements would impose an undue hardship on the petitioner, the Commission may extend the 180 day period’ with respect to the petitioner up to» an additional 180 days* (e) This part shall not apply to: (1) Any covered product if it is manufactured, imported, sold, or held foT sale for export- from the United States, so long as such product is not in fact distributed* in commerce for use m the United* States, and such covered product or the container thereof bears a

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Federal Register / Vol. 52, No. 237 / Thursday, December 10, 1987 / Rules and Regulations 46897 ae*a stamp or label stating that such covered product is intended for export. (2) Any covered product, except central air conditioners and pulse combustion and condensing furnaces, if the manufacture of the product was completed prior to May 19,1980. Any central air conditioner, pulse combustion furnace or condensing furnace if its manufacture was completed prior to June 7,1988. (3) Any catalog or point of sale printed matter pertaining to covered products other than central air conditioners and pulse combustion and condensing furnaces distributed prior to May 19,1980, and any catalog or point of sale printed matter pertaining to central air conditioners and pulse combustion and condensing furnaces distributed prior to June 7,1988 except that if representations respecting the energy consumption or energy efficiency of any covered product or other consumer appliance product or cost of energy consumed by such product are included, they are subject to the requirements of paragraph (d) of this section.

(f) As used in paragraphs (a) and (b) of this section, the term “knowingly” means:

(1) The having of actual knowledge, or (2) The presumed having of knowledge deemed to be possessed by a reasonable person who acts in the circumstances, including knowledge obtainable upon the exercise of due care.

Testing § 305.5 Determinations of estimated annual energy cost and energy efficiency rating.

' Procedures for determining the estimated annual energy costs and energy efficiency ratings of covered products are those found in 10 CFR Part 430, Subpart B, in the following sections: (a) Refrigerators and refrigeratorfreezers— | 430.22(a).

(b) Freezers—§ 430.22(b). (c) Dishwashers—§ 430.22(c). (d) Water heaters—§ 430.22(e). (e) Room air conditioners—§ 430.22(f). (f) Clothes washers—§ 430.22(j). (g) Furnaces—§ 430.22(n). (h) Central air conditioners— 8 430.22(m).

§ 305.6 Sampling.

Any representation with respect to or based upon a measure or measures of energy consumption incorporated into § 305.5 shall be based upon the sampling procedures set forth in § 430.23 of 10 CFR Part 430, Subpart B. § 305.7 Determinations of capacity. The capacity of covered products shall be determined as follows: (a) Refrigerators and refrigeratorfreezers—The capacity shall be the net refrigerated volume in cubic feet, rounded to the nearest one-tenth of a cubic foot, determined according to 3.2 of ^Appendix A1 to 10 CFR Part 430, Subpart B.

(b) Freezers—the capacity shall be the net freezer refrigerated volume in cubic feet, rounded to the nearest one-tenth of a cubic foot, determined according to 3.2 of Appendix B to 10 CFR Part 430, Subpart B.

(c) Dishwashers—The capacity shall be the place-setting capacity, calculated in conformance with AHAM Specification DW-1.

(d) Water heaters—The capacity shall be the first hour rating, determined according to 4.8 of Appendix E to 10 CFR Part 430, Subpart B. (e) Room air conditioners—The capacity shall be the cooling capacity in Btu’s per hour, determined according to 4.1 of Appendix F to 10 CFR Part 430, Subpart B, but rounded to the nearest value ending in hundreds that will satisfy the relationship that the value of EER used in representations equals the rounded value of capacity divided by the value of input power in watts. If a value ending in hundreds will not satisfy this relationship, the capacity may be rounded to the nearest value ending in 50 that will.

(f) Clothes washers—The size shall be the tub capacity, rounded to the nearest gallon, determined according to 3.1 of Appendix J to 10 CFR Part 430, Subpart B, in the terms standard or compact as defined in Appendix J of this rule. (g) Furnaces—The capacity shall be the heating capacity in Btu’s per hour, rounded to the nearest 1,000 Btu’s per hour, determined according to 4.7 or 4.10 of Appendix N to 10 CFR Part 430, SubpartB.

(h) Central air conditioners, cooling— The capacity shall be the cooling capacity in Btu’s per hour, determined according to 3.1 of Appendix M to 10 CFR Part 430, Subpart B, rounded to the nearest 100 Btu’s per hour for capacities less than 20,000 Btu's per hour; to the nearest 200 Btu’s per hour for capacities between 20,000 and 37,999 Btu’s per hour; and to the nearest 500 Btu’s per hour for capacities between 38,000 and 64,999 Btu’s per hour.

(i) Central air conditioners, heating— The capacity shall be the heating capacity in Btu’s per hour, determined according to 3.2 of Appendix M to 10 CFR Part 430, Subpart B, rounded to the nearest 100 Btu’s per hour for capacities less than 20,000 Btu's per hour; to the nearest 200 Btu’s per hour for capacities between 20,009 and 37,999 Btu’s per hour; and to the nearest 500 Btu’s per hour for capacities between 38,000 and 64,999 Btu’s per hour.

§ 305.6 Submission of data. (a) Each manufacturer of a covered product shall submit to the Commission not later than January 21,1980 (for manufacturers of central air conditioners and pulse combustion and condensing furnaces, the submission date shall be two months after publication of a final, amended rule covering those products), a report listing the estimated annual energy cost (for refrigerators and refrigerator-freezers, freezers, dishwashers, water heaters, and clothes washers) or the energy efficiency rating (for room air conditioners, central air conditioners and furnaces) for each basic model in current production, determined according to § 305.5 and statistically verified according to § 305.6. The report must also list, for each basic model in current production: the model numbers for each basic model; the total energy consumption, determined in accordance with § 305.5, used to calculate the estimated annual energy cost or the energy efficiency rating; the number of tests performed; and its capacity, determined in accordance with § 305.7. For those models which use more than one energy source or more than one cycle, each separate amount of energy consumption, or energy cost, measured in accordance with § 305.5, shall be listed in the report. Appendix J illustrates a suggested reporting format. Starting serial numbers or other numbers identifying the date of manufacture of covered products shall be submitted by July 21,1980 (for manufacturers of central air conditioners and pulse combustion and condensing furnaces, the submission date shall be eight months after publication of a final, amended rule covering central air conditioners). (b) Thereafter, all data required by § 305.8(a) except serial numbers, shall be submitted to the Commission annually, on or before the following dates:

Products Deadline for data submission Effective mandatory labeling date Refrigerators, Aug. 1 - .

refrigerator-freezers and freezers.

Dishwashers........ ................. June 1......... Oct. 1.

Water heaters____________ S ep t 1.

S ep t 1.

July 1.

S ep t 1.

Nov. 1.

Room air conditioners____ Clothes washers.................. Mar. 1 .~ ................ Furnaces................................ May 1 ................. Central air conditioners___

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46898 Federal Register / Vbl. 52, Na 237 / Thursday, December 10, 1987 / M es and Regulations All revisions to suck data [both additions to and deletions* from the preceding data}! shall be submitted to the Commission as part of the next annual report. Serial number reports for new covered products are due sixty days after the annual effective mandatory labeling date for each product.

(c) All information: required by paragraph (a) of this section; must he 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 Representative Average IM t Energy Costs § 305.9 Representative average unit energy costs.

(a) Table 1, below,, contains the representative: unit energy costs to be utilized for all requirements of this- Part T a b l e f .— R e p r e s e n t a t iv e Av e r a g e Un it C o s t s o f E n e r g y f o r * F o u r R e sid e n t ia l E n e r g y S o u r c e s (19 8 7 ) Type of energy In common terms I As required by DOE test procedure :

Dollars per :

million Btu r | 7 94$/kWh2*3-_________ _____ _____ - : $CK0794/kWh_______ ,_________________ ! $23.27 56 2$/therm * or $5.80/MCF ®*8 ___ __ ; 0.00000562/Btu......................................... 5:62 $n ftf>/gallon * ............... .— ................. j 0.00000576/BtU...................................... . l 5.76 ? 70c/gallon 8 ......... .....................................- j 0.00000769/Bttr..,....................... ............. 7.69 ‘ Btu stands for British thermal units. 2 kWh stands for kilowatt hour. 3 1 kW h=3,412 BtU.

* 1 therm=tO0;QOO BtU 8 MCF stands for 1,000 cubic feet 6 For the purposes of this table, Î cubic foot of natural gas has arr energy equivalence of 1,032 Btu. T For the purposes of this table; f gallon of No. 2 heating oif has an energy equivalence of 138,700 Btu. 8 For the purposes of this- tables t gallon of liquid propane has arr energy equivalence of 9T.000 Btu. (b) Table t, above,, will be revised on: the basis, of future information provided by the Secretary of the Department of Energy, but not more often than annually. Manufacturers shall use the revised information when submission of the annual data, is made in accordance with § 3Q5.8, § 305.10 Ranges of estimated annual energy costs and energy efficiency rating». (a) The range of estimated annual energy costs or range of energy efficiency ratings for each covered product shall be taken from the appropriate appendix to-this rale m effect at the time the labels are affixed to the products. The Commission shall publish revised ranges annually in the Federal Register if appropriate, or a statement that specific prior ranges are still applicable for the new year. Ranges will be changed if the estimated annual energy cost or the energy efficiency rating of the products within die range changes in a way that would alter the upper or lower cost or efficiency rating limits of the range by 15% or more from that previously published. When a range is revised, all information disseminated after 90 days following the publication of any revision shall conform to the reyised range. Products which have been labeled prior- to* the effective date* of a modification undter this section need not be relabeled, (b) When the estimated annual energy cost or energy efficiency1 rating, o f a given model of a- covered product falls outside the limit» of the range found: in the current appendix for that product, which could result from the introduction of a new or changed model, die manufacturer shall (T); omit placement of such product on the scale, and (2) add a sentence in the space just below the scale as follows:

The energy cost of this modfel was not available at the time the range was published: or The energy efficiency ratingof this model was not available a t the time therange- was; published.

Required Disclosures § 305.1 f Labeling for covered products. (a) Labels—(1) Layout. All energy labels for each category of covered products use one size,, similar colors and typefaces with consistent positioning of headline, copy and charts to maintain uniformity for immediate consumer recognition and- readability. Trim size for all labels is 5%«" x7% ". Copy is-tobe set x 27 picas or x 29 picas and copy page should be centered (right to left and top. to bottom). Depth is variable but should follow dosely Figure 1, the prototype label appearing a t the end of this part illustrating the basic layout. All positioning, spacing, type sizes and line widths should ba similar to and consistent with the prototype labeL (2) ; Type-size and setting. The Helvetica series typeface or equivalent shall be used exclusively on the labeL Specific type sizes and faces to fee used are indicated on the prototype labels (Figures 1, 2, 3,4, 5, and 8): No hyphenation should be used in setting headline or text copy. Positioning and spacing should follow the prototype closely. Generally, text may be set flush left or right, fine for line, or justified with one point leading except where otherwise indicated. Helvetica medium shall be used for all copy with the following exceptions only: (!)' Numerals indicating “highest” and ‘lowest” energy cost or efficiency rating; (ii) chart headings and, if applicable, energy cost graph headings; (iii) the line “How much will this model cost you to run yearly? (3) Colors. The basic colors of all labels shall be process yellow or equivalent and process black. The label shall be printed full bleed process yellow with a window dropped out, as applicable, (showing as white) over the table(s) displaying yearly cost. For labels to be used on furnaces the white window shall be aver the text, of the three energy saving steps enumerated on the label. Far labels, to be used on central air conditioners, the white window shall be over the text of the paragraph immediately below the range(s). The window shall flush left and right, top and bottom with the* table rules. All type including chart or table rules; shall be print process black, (4) Paper stock—{ty A dhesive labels. All adhesive labels; should be applied so

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£ e d e ra jJte g is te r^ V o I. 52, No. 237 / Thursday, Decem ber 10, 1987 / Rules and Regulations 46899 they can easily be removed without use of tools or liquids, other than water. The paper stock for pressure-sensitive or other adhesive labels shall have a basic weight of not less than 58 pounds per 500 sheets (25" x 38") or equivalent, exclusive of the release liner and adhesive. The adhesive shall have a minimum peel adhesion capacity of 24 ounces per inch width. The pressuresensitive adhesive shall be applied in not less than two strips not less than 0.5 inches wide. The strips shall be within 0.25 inches of the opposite edges of the label. For a “flap tag” label, the pressure-sensitive adhesive shall be applied in one strip not less than 0.5 inches wide. The strip shall be within 0.25 inches of the top edge of the label. (ii) Hang tags. The paper stock for hang tags shall have a basic weight of not less than 110 pounds per 500 sheets (25y2" x 30 Vk" index). When materials are used to attach the hang tags to appliance products, the materials shall be of sufficient strength to insure that if gradual pressure is applied to the hang tag by pulling it away from where it is affixed to the product, the hang tag will tear before the material used to affix the hang tag to the product breaks. (5) Contents—(i) Labels for refrigerators, refrigerator-freezers, freezers, dishwashers, clothes washers, water heaters and room air conditioners. (A) Headlines and texts, as illustrated in Figures 1 and 2, are standard for all labels. At the option of the manufacturer or private labeler, the appropriate year may be inserted in that portion of the label which discloses the national average unit utility rate upon which the cost estimates are based. (B) Name of manufacturer or private labeler shall, in the case of a corporation, be deemed to be satisfied only by the actual corporate name, which may be preceded or followed by the name of the particular division of tl corporation. In the case of an individus partnership, or association, the name under which the business is conducted shall be used. Inclusion of the name of the manufacturer or private labeler is optional at the discretion of the manufacturer or private labeler. (C) Model number(s) will be the designation given by the manufacturer or private labeler.

(D) Capacity or size is. that determine m accordance with § 305.7. (E) Estimated annual energy cost for refrigerators, refrigerator-freezers, reezers, dishwashers, clothes washers and water heaters is that determined in accordanee with § 305.5. Energy efficiency rating for room air conditioners is that determined in accordance with § 305.5. (F) Ranges of comparability and of estimated annual energy costs or energy efficiency ratings, as applicable, are found in section 1 of the appropriate appendices accompanying this part. (G) Placement of the labeled product on the scale shall be proportionate to the costs of the lowest and highest costs or efficiency ratings forming the scale. (H) Yearly Cost text and tables are found in section 2 of Appendices A-I. Cost figures are to be determined in accordance with § 305.5 for the unit energy costs found in section 2 of Appendices A-I. Revised appendices will be published by the Commission whenever necessary. Use the unit energy cost figures in the latest published appendices to determine the cost figures to be used for a particular covered product.

(I) The following statement shall appear at the bottom of the label: “IMPORTANT REMOVAL OF THIS LABEL BEFORE CONSUMER PURCHASE IS A VIOLATION OF FEDERAL LAW (42 U.S.C. 6302).”

(J) A statement that the energy costs or energy efficiency ratings, as applicable, are based on U.S. Government standard tests is required on all labels, as indicated in Figures 1 and 2.

(K) No marks or information other than that specified in this Part shall appear on or directly adjoining this label except for a part or publication number identification, as desired by the manufacturer. The identification number shall be in the lower right-hand comer of the label, and characters shall be in 6point type or smaller.

(ii) Labels for furnaces. (A) The headline, as illustrated in Figure 3, is standard for all labels. (B) Name of manufacturer or private labeler shall, in the case of a corporation, be deemed to be satisfied only by the actual corporate name, which may be preceded or followed by the name of the particular division of the corporation. In the case of an individual, partnership, or association, the name under which the business is conducted shall be used. Inclusion of the name of the manufacturer or private labeler is optional at the discretion of the manufacturer or private labeler. (C) The following statements shall appear on the label, as indicated in Figure 3:

"You can save substantially on home heating and cooling energy costs by following the simple steps outlined below: 1. Weatherproof your house. 2. Assure energy efficient heating and cooling equipment selection and installation. 3.

Operate and maintain your system to conserve energy.

Help conserve energy. Compare the energy efficiency rating and cost information for this model with others. Check the figures and spend less on energy. Your contractor has the energy fact sheets. Ask for them.” (D) The following statement shall appear at the bottom of the label: “IMPORTANT REMOVAL OF THIS LABEL BEFORE CONSUMER PURCHASE IS A VIOLATION OF FEDERAL LAW (42 U.S.C. 6302).”

(E) No marks or information other than specified in this part shall appear on or directly adjoining this label except for a part or publication number identification, as desired by the manufacturer. The identification number shall be in the lower right-hand corner of the label, and characters shall be in 6point type or smaller.

(iii) Labels for central air conditioners. (A) The headline, as illustrated in Figures 4, 5 and 6, is standard for all labels.

(B) Name of manufacturer or private labeler shall, in the case of a corporation, be deemed to be satisfied only by the actual corporate name, which may be preceded or followed by the name of the particular division of the corporation. In the case of an individual, partnership, or association, the name under which the business is conducted shall be used. Inclusion of the name of the manufacturer or private labeler is optional at the discretion of the manufacturer or private labeler. (C) The energy efficiency rating for the cooling function of central air conditioners is determined in accordance with § 305.5. For the heating function, the energy efficiency rating shall be calculated for heating Region IV for the standardized design heating requirement nearest the capacity measured in the High Temperature Test in accordance with § 305.5. In addition, the energy efficiency rating(s) for split system condenser-evaporator coil combinations shall be either: (1) The energy efficiemcy rating of the condenser-evaporator coil combination that is the particular manufacturer’s most commonly sold combination for that condenser model; or (2) The energy efficiency rating of the actual condenser-evaporator coil combination comprising the system to which the label is to be attached. (D) (7) Each cooling only central air conditioner shall contain a generic range of all cooling only central air conditioners.

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46900 Federal Register / Vol. 52, No. 237 / Thursday, December 10, 1987 / Rules and Regulations (2) Each heat pump, except as noted in paragraph (a)(5)(iii)(D)(3) of this section, shall contain two generic ranges. The first range shall consist of the cooling side of all heat pumps. The second range shall consist of the heating side of all heat pumps.

(5) Each heating only heat pump shall contain a generic range of all heating only heat pumps.

(E) Placement of the labeled product on the scale shall be proportionate to the lowest and highest efficiency ratings forming the scale.

(F) The following statement shall appear on the label beneath the range(s) in bold print:

Federal law requires the seller or installer of this appliance to make available a fact sheet or directory giving further information regarding the efficiency and operating cost of this equipment. Ask for this information. (G) A statement that the efficiency ratings are based on U.S. Government standard tests is required on all labels. In addition, all labels disclosing energy efficiency ratings for the “most common” condenser-evaporator coil combinations must contain one of the following three statements: (1) For labels disclosing the energy rating for cooling, the statement should read “This energy rating is based on U.S. Government standard tests of this condenser model combined with the most common coil. The rating may vary slightly with different coils.” [2) For labels disclosing the energy rating for both heating and cooling, the statement should read “This energy rating is based on U.S. Government standard tests of this condenser model combined with the most common coil. The rating will vary slightly with different coils and in different geographic regions.”

(5) For labels disclosing the energy rating for heating, the statement should read “This energy rating is based on U.S. Government standard tests of this condenser model combined with the most common coil. The rating will vary slightly with different coils and in different geographic regions.” Central air conditioner labels disclosing the efficiency ratings for specific condenser/coil combinations do not have to contain any of the above three statements. They must contain only thé general disclosure that the energy costs and efficiency ratings are based on U.S. Government tests (see sample labels). (H) The following statement shall appear at the bottom of the label: “IMPORTANT REMOVAL OF THIS LABEL BEFORE CONSUMER PURCHASE IS A VIOLATION OF FEDERAL LAW (42 U.S.C. 6302)."

(i) No marks or information other than specified in this part shall appear on or directly adjoining this label except for a part or publication number identification, as desired by the manufacturer. The identification number shall be in the lower right-hand corner of the label, and characters shall be in 6 point type or smaller.

(6) Placement. Manufacturers shall affix a label to the exterior surface on covered products in such a position that it can easily be read while standing in front of the product as it is displayed for sale. The label should be generally located on the upper-right-front corner of the product, except that for lowstanding products or products with configurations that make application in that location impractical, some other prominent location may be used. The top of the label should not exceed 74 inches from the base of taller products. The label in the form of a “flap tag” shall be adhered to the top of the appliance and bent (folded at 90°) to hang over the front, if this can be done with assurance that it will be readily visible. Labels for split system central air conditioners shall be affixed to the condensing unit.

(7) Use o f hang tags. Information prescribed above for labels may be displayed in the form of a hang tag, which may be used in place of an affixed label. If a hang tag is used, it shall be affixed in such a position that it will be prominent to a consumer examining the product.

(b) Fact sheets—(1) Distribution, (i) Except as provided in Subsection c, manufacturers and private labelers must give distributors and retailers, including assemblers, fact sheets for the furnaces and central air conditioners they sell to them. Distributors must give the fact sheets to the retailers, including assemblers, they supply. Each fact sheet must contain the information listed in § 305.11(b)(3).

(ii) Retailers, including assemblers, who sell furnaces or central air conditioners to consumers must have fact sheets for the furnaces and central air conditioners they sell. They must make the fact sheets available to their customers. The fact sheets may be made available to customers in any manner, as long as customers are likely to notice them. For example, they can be available in a display, where customers can take copies of them. They can be kept in a binder at a counter or service desk, with a sign telling customers where the fact sheets are. Retailers, including assemblers, who negotiate or make sales at a place other than their regular places of business must show the fact sheets to their customers and let them read the fact sheets before they agree to purchase the product. (2) Format. All information required to be contained in fact sheets must be disclosed clearly and conspicuously. (3) Contents, (i) “Energy Guide" headline is standard for all fact sheets, as for labels.

(ii) Name of manufacturer or private labeler shall, in the case of a corporation, be deemed to be satisfied only by the actual corporate name, which may be preceded or followed by the name of the particular division of the corporation. In the case of an individual, partnership, or association, the name under which the business is conducted shall be used.

(iii) Model number(s) will be the designation given by the manufacturer or private labeler.

(iv) Capacity or size is that determined in accordance with § 305.7. (v) Energy efficiency rating is that determined in accordance with § 305.5. (vi) Ranges of comparability and of energy efficiency ratings are found in section 1 of the appropriate appendices accompanying this part. This information is not required on fact sheets for central air conditioners. (vii) Placement of the labeled product on the scale shall be proportionate to energy efficiency ratings of the lowest and highest efficiency ratings forming the scale.

(viii) Yearly cost information text and tables are found in section 2 of Appendices G, H and I accompanying this part. Cost figures are to be determined in accordance with § 305.5 using the unit energy costs found in Table 1 of § 305.9.

(ix) A statement that the energy costs and energy efficiency ratings are based on U.S. Government standard tests is required in all fact sheets. (x) For central air conditioner fact sheets disclosing efficiency ratings for the “most common” condenserevaporator coil combinations, the statement should be made in one of the following three ways:

(A) For fact sheets disclosing the energy rating for cooling, the statement should read “This energy rating is based on U.S. Government standard tests of this condenser model combined with the most common coil. The rating may vary slightly with different coils.” (B) For fact sheets disclosing the energy rating for both heating and ^ cooling, the statement should read This energy rating is based on U.S. Government standard tests of this

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Federal Register / Vol. 52, No. 237 / Thursday» December 10, 1987 / Rules and Regulations 46901 condenser model combined with the most common coil. The rating will vary slightly with different coils and in different geographic regions.” (C) For fact sheets disclosing the energy rating for heating, the statement should read “Thi3 energy rating is based on U.S. Government standard tests of this condenser model combined with the most common coil. The rating will vary slightly with different coils and in different geographic regions.” (xi) Central air conditioner fact sheets disclosing the efficiency ratings for specific condenser/coil combinations do not have to contain any of the above three statements. Instead, they must contain a general disclosure that the energy costs and efficiency ratings are based on U.S. Government tests. (c) Manufacturers of central air conditioners may elect to disseminate information regarding the efficiencies and costs of operation of their products by means of a directory, or similar publication, provided it meets the following criteria.

(1) Distribution.

(1) It must be distributed to substantially all retailers and assemblers of central air conditioners. (ii) It must be made available at cost to all other interested parties. (2) Format. All required information must be disclosed clearly and conspicuously.

(3) Contents.

(i) Model number(s) will be the designation given by the manufacturer or private labeler.

(ii) Capacity or size is that determined in accordance with § 305.7. (iii) Efficiency rating is that determined in accordance with § 305.5. (iv) Cost disclosures must be substantially equivalent to those required on fact sheets. (v) A statement that the energy costs and efficiency ratings are based on U.S. Government standard tests. § 305.12 Additional information relating to energy consumption.

Additional information relating to energy consumption which must be included on labels, separately attached to the product, or shipped with the product will be published as a separate section 3 of the appendices accompanying this part. No additional information will be required without public notice and an opportunity for written comments.

§305.13 Promotional material displayed or distributed at point of sale. (a) Any manufacturer, distributor, retailer, or private labeler who prepares printed material for display or distribution at point of sale concerning a covered product shall clearly and conspicuously include in such printed material the following required disclosure:

Before purchasing this appliance, read important energy cost and efficiency information available from your retailer. (b) This section shall not apply to: (1) Written warranties. (2) Use and care manuals, installation instructions, or other printed material containing primarily post-purchase information for the purchaser. (3) Printed material containing only the indentification of a covered product, pricing information and/or non-energy related representations concerning that product.

(4) Any printed material distributed prior to the effective date listed in § 305.18(f).

§ 305.14 Catalogs.

(a) Any manufacturer, distributor, retailer or private labeler who advertises a covered product in a catalog, from which it may be purchased by cash, charge account or credit terms, shall include in such catalog, on each page which lists a covered product, the following information required to be disclosed on the label: (1) The capacity of the model. (2) The estimated annual energy cost for refrigerators, refrigerator-freezers, freezers, dishwashers, clothes washers and water heaters. The representative average unit costs for electricity, natural gas, oil and propane gas, published in § 305.9, which are current at the closing date for printing or the printing deadline date of the catalog, shall be used to compute the estimated annual energy cost.

(3) The energy efficiency rating for room air conditioners, central air conditioners and furnaces. (4) The range of estimated annual energy costs or energy efficiency ratings, which shall be those which are current at the closing date for printing or the printing deadline of the catalog. (5) The following disclosure, appearing clearly and conspicuously: “IMPORTANT ENERGY INFORMATION IS AVAILABLE. TURN TO PAGE(S) [INSERT DESIGNATED PAGE NUMBER(S)].” (b) On the page(s) designated, as referred to in § 305.14(a)(5), the manufacturer, distributor, retailer or private labeler must disclose either instructions on how cost grid information, described in §§ 305.11(a)(5)(i)(H) and 305.11(b)(3)(viii), may be obtained from the cataloger, or the cost grid information itself, so long as all information thereon is clearly legible. Information contained in a catalog for a covered product shall be changed or modified in accordance with § 305.10. Additional Requirements § 305.15 Test data records. (a) Test data shall be kept on file by the manufacturer of a covered product for a period of two years after production of that model has been terminated.

(b) Upon notification by the Commission or its designated representative, a manufacturer or private labeler shall provide, within 30 days of the date of such request, the underlying test data from which the estimated annual energy cost or energy efficiency rating for each basic model was derived.

§ 305.16 Required testing by designated laboratory.

Upon notification by the Commission or its designated representative, a manufacturer of a covered product shall supply, at the manufacturer’s expense, no more than two of each model of each product to a laboratory, which will be identified by the Commission or its designated representative in the notice, for the purpose of ascertaining whether the estimated annual energy cost or energy efficiency rating disclosed on the label or fact sheet, or as required by § 305.14, is accurate. Such a procedure will only be followed after the Commission or its staff has examined the underlying test data provided by the manufacturer as required by § 305.15(b) and after the manufacturer has been afforded the opportunity to reverify test results from which the estimated annual energy cost or energy efficiency rating for each basic model was derived. A representative designated by the Commission shall be permitted to observe any reverification procedures required by this Part, and to inspect the results of such reverification. Charges for testing by designated laboratories will be paid by the Commission. Effect of This Part § 305.17 Effect on other law. This regulation supersedes any State regulation to the extent required by section 327 of the A ct Pursuant to the Act, all State regulations that require the disclosure for any covered product of information with respect to energy consumption, other than the information required to be disclosed in accordance with this Part, are superseded.

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46902 Federal Register / Vol. 52, No, 237 / Thursday, December 10, 1987 / Rules and Regulations § 305.18 When the rules take effect. (a) The report required by § 305.8(a), listing serial numbers or other numbers identifying the date of manufacture of models in current production, must be received by the Commission no later than July 21,1980. For manufacturers of central air conditioners and pulse combustion and condensing furnaces, the date for submitting such starting serial numbers or other identifying numbers shall be August 8,1988. (b) The first required annual report of model numbers, test results and other data, referred to in § 305.8(a), must be received by the Commission no later than January 21,1980. For manufacturers of central air conditioners and pulse combustion and condensing furnaces, the date for submitting such data shall be February 8,1988.

(c) The requirement that the labels, flap tags, or hang tags specified in this rule must be attached to new covered products takes effect for all new covered products on which manufacture is completed on or after May 19,1980, except as provided for in § 305.18(h). (d) The requirement that energy fact sheets specified in this rule must be provided takes effect for furnaces on which manufacture is completed on or after May 19,1980, except as provided for in § 305.18(h).

(e) The requirement that specified information about covered products be disclosed in catalogs takes effect for all catalogs printed and distributed on or after May 19,1980. This requirement does not apply to catalogs if the catalog issue was distributed before May 19, 1980. The requirement that specified information about central air conditioners and pulse combustion and condensing furnaces be disclosed in catalogs takes effect for all catalogs printed and distributed on or after June 7,1988. Required revisions to the specified information must be made in all new editions and new catalogs printed and distributed after the date of the revision.

(f) The requirement that all printed material displayed or distributed at the point of sale disclose information specified in § 305.13 takes effect on May 19,1980, except as provided for in § 305.18(h).

(g) The preemption provision in § 305.17 takes effect on November 19, 1979.

(h) Unless otherwise provided in § 305.18, all requirements pertaining to central air conditioners and pulse combustion and condensing furnaces take effect for all new covered products on which manufacture is completed on or after June 7,1988.

(i) All other requirements of this rule except those in § 305.4(d) take effect on May 19,1980.

§ 305.19 Stayed or Invalid Parts. If any section or portion of a section of this part is stayed or held invalid, the remainder of the part will not be affected.

Appendix A1—Refrigerators 1. Range Information:

Manufacturer's rated total refrigerated volume in cubic feet Ranges of estimated yearly energy costs Electricity LOW High 2.5 to 4 4 ........................................................... 4,5 to 6 4 ......... ................................................ 6.5 to 8 .4 .......................................................... 8.5 to 10.4........................................................ 10.5 to 12.4...................................................... 12.5 to 14.4............... ................................... 14 5 to 16.4.................................................... 2. Yearly Cost Information: Estimates on the scale are based on a national average electric rate of 4.97$ per kilowatt hour.

2..

4 ..

6 ..

8.

Cost per kilowatt hour (cents) Yearly cost Cost per kilowatt hour (cents) Yearly cost 2 ........................................................................... ..................... 4 .............................................................................................. .. 6 ....................................................... - ......................!......... . 8 ................................,....................... - ........................... .......... 1 0 .............................................................................................. 1 2 .............................................................................................. Beside each cost in the table place the cost estimate for the model being labeled using the table costs in place of the national average rate. 3.

Additional Information— (Reserved).

Appendix B—Freezers 1. Range Information:

Manufacturer’s rated total refrigerated volume in cubic feet Ranges of estimated yearly energy costs Electricity Low High 5 5 to 7 .4 ........................................................... 7.5 to 9 .4 ...................................... .......... ........ 9.5 to 11.4.........vl.........-.:...:.-..-:............... 11.5 to 13.4..............................- ...................... 13.5 to 15.4.................................... 15.5 to 17.4...................................................... 17.5 to 19.4........................... .......................... 19.5 to 2 1.4_......... ^................................. ...... 21.5 to 23.4...................................................... 23.5 to 25.4..................................................... 25.5 to 27.4........ ...;......................................... ?7 R to 29 4 ................................................. 2. Yearly Cost Information: Estimates on the scale are based on a national average electric rate of 4.97$ per kilowatt hour.

Beside each cost in the table place the cost estimate for the model being labeled using the table costs in place of the national average rate. 3.

Additional Information— (Reserved).

Appendix A2—Refrigerator-Freezers 1. Range Information:

Manufacturer’s rated total refrigerated volume in cubic fet Ranges of estimated yearly energy costs Electricity LOW High 10 5 to 12 4 ...................... ....................... i...... 12.5 to 14.4...................................................... 14.5 to 16.4........ ........................ .— ............

16.5 to 18.4________ ______________- ...... .... 18.5 to 20.4...................................................... 20.5 to 22.4 ..:................................................. 22.5 to 24.4................— ............................ 2 4 .5 to 26.4 ......................

26.5 to 28.4.......... ..................................... 2. Yearly Cost Information: Estimates on the scale are based on a national average electric rate of 4.97$ per kiiowatt hour.

Cost per kilowatt hour (cents) Yearly cost Beside each cost in the table place the cost estimate for the model being labeled using the table costs in place of the national average rate. 3.

Additional Information— (Reserved).

Appendix C—-Dishwashers 1. Range Information:

“Compact” includes countertop dishwasher models with a capacity of less than eight (8) place settings. .

“Standard” includes portable or builtin models with a capacity of eight (8) or more place settings, .... AT, AX4 Place settings shall conform to AHAM Specification D W -1* for chinaware, flatware and serving pieces. Load patterns shall conform to the operating normal for the model being tested.

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federal—Regfeter / Vol. 52, No. 237 / Thursday, December 10, 1987 / Rules and Regulations 46903 Ranges of estimated yearly energy costs Ranges of comparability Electrically heated water Natural gas heated water Low High Low High Compact.................

Standard................. 2.

Yearly Cost Information—(Type of Energy):

Estimates on the scale are based on a national average electric rate of 4.97$ per [energy measure) and 8 loads of dishes per week.

Cost per kilowatt hour (cents) Loads of dishes per week 2 — __....

...____ 1 4 .... ,........

6 .................

8 ................................. 10.............................. 12________________> Appendix Dl—Water Heater—Gas 1. Range Information:

First hour rating Ranges of estimated yearly energy cost Low High Less than 2 1 ............ 21 to 2 4 _____________........ 25 to 2 9 _____________ ___ 30 to 3 4 ........ ......... 35 to 4 0 ....................... 41 to 47....._________ 48 to 5 5 __ ___________ 56 to 6 4 .................. 65 to 7 4 ...................... 75 to 8 6 ............

87 to 9 9 ............

100 to 114.................. 115 to 131________ Over 131............ ..

2. Yearly Cost Information—Gas: Estimates on the scale are based on a national average natural gas rate of 36.7$ per therm.

Beside each cost in the table place the cost estimate for the model being labeled using the table costs in place of the national average rate. 3. Additional Information (Reserved). Appendix D2—Water Heater—Electric 1. Range Information:

First hour rating Ranges of estimated yearly energy cost Electricity Low High Less than 2 1 ................................................. 21 to 2 4 ......... ........ ...................................... 25 to 2 9 ............................. ....... .............. 30 to 3 4 .............................................. 35 to 4 0 ...................................................... 41 to 4 7 ............................................... 48 to 5 5 ................................................... 56 to 6 4 .......................................................... 65 to 7 4 ................... ............................ 75 to 8 6 .......... ........................................ 87 to 9 9 ........................................ . .........

100 to 114.................................................... 115 to 131............................. Over 131 — ............................ .................... 2. Yearly Cost Information- Electricity:

Estimates on the scale are based on a national average electric of 4.97$ per kilowatt hour.

Cost per kilowatt hour (cents) . Yearly cost 2 ......._................ ........................................ ..................... 4 .....

6 ..................................................... ........ ;_______ 8 ................................................................................. 12......

Beside each cost in the table place the cost estimate for the model being labeled using the table costs in place of the national average rate. 3. Additional Information— (Reserved).

Appendix D3—Water Heater—Oil 1. Range Information:

labeled using the table costs in place of the national average rate. 3, Additional Information— (Reserved).

Appendix E—Room Air Conditioners 1. Range Information:

Manufacturers rated cooling capacity in Btu's/hr.

Ranges of energy efficiency ratings Electricity Low High Less than 4,000.............................................. 4,800 to 5,299................................................ 5.300 to 6.799.......

5.800 to 6.299 .

6.300 to 6.799................. 6,800 to 7,299 ......................................... . 7,300 to 7,799................................................. 7.800 to 8,299................. 8.300 to 8,799........................ 8.800 to 9.299 9,300 to 9,799................................................. 9,800 to 10,299............................................. 10,300 to 10,799............................. .......... 10.800 to 11 299 11.300 to 11.799 11.800 to 12.299 12.300 to 12,799 12,800 to 13,299........ ..................... - ............ 13,300 to 13,799...-.................„................... 13,800 to 14,299..................„........................ 14,300 to 14,799..................- ........................ 14.800 to 15.299........................... 15.300 to 15.799..................................... 15.800 to 16,499.................. 16.500 to 17 499........................... 17.500 to 18,499........................... 18.500 to 19.499................... 19,500 to 20,499___________ _______ ____ 20.500 to 21.499............................... 21,500 to 22/499.......... .................... . „..

22,500 to 24,499______ __ _______________ 24.500 to 26,499............................................ 26,500 to 28,499......... .......... ........................ 2 8^0 0 to 32,499.

....................................... 32,500 to 36,000................... ........................ 2. Yearly Cost Information—Oil: Estimates on the scale are based on a national average oil rate of 84.1$ per gallon Below the appropriate number of yearly hours of use and beside each cost in the table, place the cost estimate for the model being labeled using the table costs and using the yearly hours of use. Cost Per GaHon (cents) Yearly cost .7 6 — ____ ____ ___________ .79....................................................... .8 2 ......................... ........ .8 5 .......... ............................ .8 8 ................................. .9 1 ................................. .9 4 ................................... .9 7 — ...................... .

1.00......— ....................

3. Additional Information— (Reserved).

Appendix F—Clothes Washers 1. Range Information:

“Compact” includes all household clothes washers with a tub capacity of less than 1.6 cu. ft. or 13 gallons of water.

“Standard” includes all household Beside each cost in the table, place the cost estimate for the model being clothes washers with a tub capacity of 1.6 cu. ft. or 13 gallons of water or more.

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46804 Federal Register / Voi. 52, No, 237 ß Thursday, December 10, 1987 / Rules and Regulations Ranges o « estimated yearly-energy costs Ranges of comparability Electrically heated water Natural gas heated water Low High Low High Compact-.™............

2.

Yearly Cost Information—(Type of Energy):

Cost per *<itowatt h o u r1 (cents) Loads of clothes per week j ;

10;

ta 2 ................

4 ............ ..

6 .............

e .................

10.......... ....

1 2 ...............

1 For chart on natural gas,, substitute the following cost figures: Cost per therm— 10«, 20«, 30«, 4 0«, 5 0«, 60«. Below the appropriate number of clothes loads in the table and beside each cost, place the cost estimate for the model being labeled using the table costs and using the designated loads in the table.

3.

Additional Information— (Reserved).

Appendix G—Furnaces Fact Sheet Requirement 1. Range Information;

Comparability (Btu per hour) Ranges of energy - efficiency ratings Low High soo n tn m o o n 11,00 0 to 16,000......................................„.... 17,000 to 25.000............................................ 26,000 to 42.000........... ........ ................ ....... 60,000 to 76 000 ..........

77.000 to 93,000............... . ........ ...........

94;00Q to t i O . O O O .................................. 1-11,000 to 127,090........... ...... ..................... t p « nnn t« 144,000............ ......................

145,000 to I 6 I 1OOO ......................„.............. t62,000 to 178.000 .................... .................. 179:000 ta 195,000......_____________ *------- 2. Yearly Cost Information: Cost per kfiowatt hour-1 (cents)' 1 Btu heat loss of home (see , chart below) ................................................ .......... ...... T....... j 4 ......... ....................................... ................................... 8 .............................................................. ...................... 10...................................... ........................................... 12...................................................................... ........... 1 For charts on natural gas,.oil and propane gas, substitute the following cost figures: a. Cost per therm— 10«, 2 0«,.3 0«, 40«. 50«, 60«. b. Cost per gatton (oil)— -76«, 79«, 62«, 85«, 66«, 91 « . 94«, 97*. $1.00.

c. Cost per gallon (propane)— 35«, 40«, 45«, 50«, 55«, 60«.

The following table shows the heat loss* values (in thousand Btu/hr.) to be used in the grid above;

Manufacturer's rated heat output of ■ model to be labeled (Btu per hour) Design heat loss of model to be , labeled.

(1.000) Btu per ‘ hour) Heat loss values, to be used on the grid (1,000 Btu per hour);

5,000 to 10,000......... ....................... 11,000 to 16,000.............................. 5, 10 i7 n n n m ?shnn 10, 15 16, 20, 25 26,000 to 42’000.............................. 43,000 to 59,000........... .................. 25, 30, 35, 40 60.000 to 76,000.......................- ..... 35. 40, 45, 50 40. 45, 50, 60 77^000 to 93’000..™.™.................... 94 000 to 110,000........................... 50, 60, 70, 80 60, 70, 80, 90 70, 80, 90, 100 80, 90, 100, 110, 120 111,000 to 127,000......................... t? «n o n m 144 nnn 145,000 to 161,000....................... 162,000 to, 178,000------------------------- 90, 100;. 110, 120, 130 179,000 to 198,000........................ i 100, 110, 120, 130, 140 196,000 and over............................. 120, 130, 140, 150, 160 Beside each cost in the grid on the opposite page, and below the appropriate heat loss value taken from foe table above, place the cost estimate for the model being labeled using the table costs in place of the national average cost and using the heat loss values in place of the design heat loss used above with the national average cost.

3.

Additional Information— (Reserved).

Appendix H.—Cooling Performance and Cost For Central-Air Conditioners 1. Range Information:

Manufacturer’s Rated Cooling. Capacity (BTU/hr.) Range of ER fl's 1 (Genere)- Low |i Hfigff ____ _ __ ___X ___________ 2. Yearly Cost Information: For each model, display three annual operating costs, rounded to. the nearest $10, corresponding to the three building heat gains from the chart below:. Manufacturers rated cooling capacity (B TU /hr) Building heat gain . (m l .OOO's BTU's/ hr) 9 1 0 0 to 15 000 .................. ......................

15,100 to 21,000«............................................ ! 21 100 to 27 000 .......... .........

27,200 to 33,000............................................. 33 200 to 39,000.......................- .................... ' 39 500 to 45,000................... ...................... 45 500 to 51,000............................................. 51,500 to 57,000............................................. 57,500 to 63,000............................ ................ Manufacturers rated cooling capacity, (BTU/hr) Building heat gain (in 1,000's BTU's/ hr):

.

The values of building heat gain are to be considered cooling capacities in the calculation of annual operating cost in accordance with 10 CFR § 430.22(m)(l)(i). Include the following note on every fact sheet page that lists annual operating costs.

Note: These figures are based on U.S. Government standard tests and are for national averages of 1000 cooling, load hours and 5.64$/KWB. Your cost will vary depending on your local energy rate and'how you use the product A method for estimating your cost of operation is given [direct user to location).

The methodology referred to in the note is provided below. This information shall be included at least once in all compendiums of fact sheets. If separate fact sheets are prepared for individual distribution to consumers, this methodology must be provided on or with the unbound fact sheets, Haw to Estimate Your Cooling Cost To estimate your actual cost of operation, find your cooling load hours from the map; your average annual operating cost from- the National Average Annual Operating Cost Table, and determine your electrical rate in cents per kilowatt hour (KWH) from your electric bill.

Your estimated cost equals listed average annual operating costs* times your cooling load hours ** (1,000). times Your electrical rate in cents Per KW-H (5.64$) Example: If your cooling load hours=1500, and your electric rate is 8.46$/KWH and your listed annual operating cost is $100, then: Your estimated cost=$225. =$100 X •’,500 X 8.46 1,000 5.64 Your estimated cost=$100 X 1.5 X 1.5 =$225 Your estimated cost=$225 B tL U N G , C O D E 6750-01-M ‘ From the National Average Annual. Operating Cost Table “ From the Map

Page 183

Cooling Load Hour Map « CO Alaska - 0 Cooling Load Hours Canal Zone -6 ,0 0 0 Guam -6 ,6 0 0 Hawaii - 2,300 »• Puerto Rico -6 ,0 0 0 *• Samoa -6 ,6 0 0 »» Virgin Island -6 ,0 0 0 This map must be included at least once in all compendiums of fact sheets. If separate fact sheets are prepared for individual distribution to consumers, this map must be provided on or with the separate fact sheets. 52, No. 237 / Thursday, December 10,1987 / Rules and Regulations 469Q5

Page 184

46906 Federal Register / Vol. 52, No. 237 /' Thursday,, December 10,1987 / Rules and Regulations AN EXAMPLE OF A FACT SHEET FOR CENTRAL AIR CONDITIONERS OR FOR ONLY THE COOLING FUNCTION OF HEAT PUMPS CENTRAL AIR CONDITIONER (Cooling* only) MODELS 3CXX/C1 31,000 XXX/C2 31,400 YYY/C3 29,000 YYY/C6 29,400 BTU/hr BTU/hr BTU/hr BTU/hr Comparability Range:

27,200 to 33r000 COOLING PERFORMANCE NOTE Sine» producr-specific labels shewing ranges are required on each product the inclusion af ranges on fact sheets is optional. Least Efficient Model 6.00 Model XXX/C1 7.70 This Model5 Most Efficient Model 12.00 Ene r gy Èffîcien cy Rotin g ( EER ) Least Efficient Model 6.00 V Model T XXX/C2 7.60 This Model ^ Möst Efficient Model 12:00 ▼ * Energy lfficiency Rating (EER) Least Efficient Model 6.00 Model Y Y Y /C 3 ] Most Efficient Model 8 e0 0 12.00 This Model ^

^ -Energy Iffiçiçncy Rating"(£1R )JgS Least Efficient Model 6.00 ▼ Model Y Y Y /C 6 7.90 Most Efficient Model 12.00 This Model ^ V This (or these) energy roting(s) is (or ore) bosed on U.S. Government standard tests of this (or these) condenser model(s) combined with the most common coil(s). The ratings may vary slightly with different coi s. B ILLIN G C O D E 675 0 -0 1-C

Page 185

Federal Register / Vol. 52, No. 237 / Thursday, December 10, 1987 / Rules and Regulations 46907 Na tio n a l A v e r a g e A n n u a l O p e r a tin g C o s t T a b l e [Dollars per year] Model Building heart gain (BTU/hour) 27,000 30,000 33,000 XXX/C1...;_______________ ....... $200 $220 $240 XXX/C2__________ __________« XXX/C3---------------------------------------- XXX/C6........................................ Note: These figures are based on U.S. Government stand­ ard tests and are for national averages of 1000 cooling load hours and 5.64«/KW H. Your cost will vary depending on your local energy rate and how you use the product. A method for estimating your cost of operation is provided on page 2 of this fact sheet How To Estimate Your Cooling Cost To estimate your actual cost of operation, find your actual cooling load hours from the map, your average annual operating cost from the National Average Annual Operating Cost Table, and determine your electrical rate in cents per kilowatt hour (KWH) from your electrical bill.

Your Estimated cost equals Listed annual operating cost* times Your cooling load hours** (1,000) times Your electrical rate in cents KWH (5.64$) Example: If your cooling load hours are 1500, and your elelctric rate is 8.46$/ KWH, and your listed annual operating cost is $100, then Your Estimated Cost =$100 x 1,500 x 8.46$ 1,000 5.64« Your Estimated Cost =$100 x 1.5 x 1.5 =$225 Your Estimated Cost=$225 Appendix L—Heating Performance and Cost for Central-Air Conditioners 1. Range Information'.

Manufacturer’s Rated Heating Capacity (BTU/hr.) Range of E E R ’s (Generic) Low High All Capacities.............. The EER shall be the Region IV vain based on the appropriate average desi heat loss from the table below. 2.

Yearly Heating Cost Information: For each model, display a regional annual operating cost rounded to the nearest $10, calculated according to 1( From the national average table, above ** From map CFR § 430.22(m)(3)(ii} for each region, The heat loss of home values given in the chart below are to be considered standardized design heating requirements in the calculation of annual operating cost in accordance with 10 CFR § 430.22(m)(3)(ii). Average Capacity and design heat loss (in 1,000’s Heat loss of home values used region on the grid (in 1,000’s Btu's/hr.) Btu’s/hr.) U p to 9,000:

1................

5 ,1 0 5, 10, 15 5, 10, 15 10,15, 20 3 ..................

4 __......

K 10, 15, 20 5, 10, 15 6 ............

9,100 to 15,000:

1.................

5, 10, 15 5, 10, 15. 20 10. 15, 20, 25 10, 15, 2 0,25 , 30 10, 15, 20, 25. 30 5, 10. 15, 20 9 .......... .

3 _________ 4 __ 5 .._ .___ e.:________ 15,100 to 21.000:

y 1 0.15, 20 1 0.15, 20, 25 2 .................

3 ____ 15, 20, 25, 30 4sT ............

15. 20, 2 5 30, 35. 40 15, 20, 25, 30, 35, 40 10, 15, 20, 25. 30, 35 5 .______ ....

6 .......... .

21,100 to 27,000:

1 ...............

10. 15, 20. 25 15, 20, 25, 30 15, 20, 25, 30, 35, 40 20, 25, 30, 35, 40, 50 20, 25, 30. 35, 40, 50, 60 15. 20, 25, 30, 35, 40 9 ...........

3 .........

4...

.

....

5 .................

6 .................

27,100 to 33,000:

y 15. 20, 25, 30 20, 25 30, 35, 40 2 ____ ___ 3..............

20, 25, 30, 35. 40, 50 25, 30, 35, 40, 50, 60 25, 30, 35, 40, 50, 60, 70, 80 2 0 ,2 5 ,3 0 ,3 5 ,4 0 ,5 0 ,6 0 4 ______ ___ 5._..............

6 .................

33,100 to 39,000:

1..............

15, 20, 25, 30, 35 25, 30, 35, 40, 50 30, 35, 40, 50, 60 35, 40, 50, 60, 70, 80, 90 35, 40, 50, 60, 70, 80, 90 25, 30, 35, 40, 50 2 _________ 3 .......... „....

4 ......... .......

5 ...............

6.................

39,500 to 45,000:

1..............

20, 25, 30, 35, 40 25, 30. 35, 40, 50, 60 30, 35, 40, 50, 60 40. 50, 60, 70, 80, 90, 100 40, 50, 60, 70, 80, 90, 100, 110 25, 30, 35, 40, 50, 60, 70, 60 2 .................

3 ................

5 .................

6 .................

45,500 to 51,000:

1.................

20, 25, 30, 35, 40 30, 35, 40, 50, 60 35, 40, 50, 60, 70. 80 50, 60, 70. 80, 90, 100, 110 50, 60, 70, 80, 90. 100, 110, 130 30, 35, 40, 50, 70, 80, 90, 100, 110, 130 2 .................

3 ................

4 .................

5 .................

6 .................

51,500 to 57,000:

1.................

25, 30, 35, 40, 50 35, 40, 50, 60, 70 40, 50, 60, 70, 80, 90 50, 60, 70, 80, 90, 100, 110 50, 60, 70, 80. 90. 100, 110, 130 35, 40, 50, 60, 70. 80, 90, 100 2 .................

3 ............

4 .................

5 ................

6 _________ Capacity and region Average design heat loss (in 1,000’s Btu’s/hr.) Heat loss of home values used on the grid (in 1,000’s Btu’s/hr.) 57,500 to 63,000:

1 :.............

25, 30, 35, 40, 50 35, 40, 50, 60. 70 50, 60, 70, 80, 90 60, 70, 80, 90, 100, 110 60, 70. 80. 90. 100, 110, 130 35, 40, 50, 60, 70, 80, 90, 100 9 ..............

3 .................

4____ _ ...

«5 6 ........... .....

63,500 and over 30, 35, 40, 50. 60 40, 50, 60, 70, 80 50, 60. 70, 80, 90.100 70, 80, 90, 100, 110, 130 70. 80, 90. 100, 110, 130 40, 50, 60, 70. 80 9 .................

3 ............»...

4 ................

5 .................

6 ....„___ Include the following note on every fact sheet page that lists annual operating costs.

Note.—These annual heating costs are based on U.S. Government standard tests and on a national average costs of electricity of 5.64«/KWH. Your cost will vary depending on your local energy rate and how you use the product. A method for estimating your cost of operation is given [direct user to location].

The methodology referred to in the note is provided below. This information shall be included at least once in all compendiums of fact sheets. If separate fact sheets are prepared for individual distribution to consumers, this methodology must be provided on or with the unbound fact sheets. How To Estimate Your Heating Costs To estimate your heating cost, determine your cost of electricity in cents per kilowatt hour (KWH) from your electric bill, your listed average annual heating cost from the National Average Annual Heating Cost Table, and use that number in the following equation:

Your estimated cost equals Listed annual heating cost* times Your electric cost in cents per «/KWH (5.64«/KWH) Example: If your electric rate is 8.46$/ KWH and the annual heating cost listed in the chart is $200:

Your estimated cost = $200 X 8.46« 5 ,6 4« Your estimated cost = $200 X 1.5= $300 Your estimated cost = $300 B IL U N G C O D E 6750-01-41 ‘ From the National Average Annual Heating Cost Table

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46908 Federal Register / Vol. 52, No. 237 / Thursday, December 10,1987 / Rules and Regulations Heating Region Map This map must be Included at least once In all compendiums of fact sheets. If separate fact sheets are prepared for Individual distribution to consumers, this map must be provided on or with the separate fact sheets.

Page 187

Federal Register / Vol. 52, No. 237 / Thursday, December 10,1987 / Rules and Regulations 46909 AN EXAMPLE OF A FACT SHEET SHOWING ONLY THE HEATING FUNCTION FOR HEAT PUMPS MODEL XXX/CI XXX/C2 HEATING CAPACITY (BTU’s/hr.) 33.000 35.000 HEATING PERFORMANCE FOR REGION IV: NOTE: Sine* product-specific ’obels showing ranges ore required on eoch product, the inclusion of ranges on fact sheets is optional.

Least Efficient Model 6.90 5.00 Model This Model XXX/CI Most Efficient Model 10.00 Least Efficient Model 5.00 Model ^ XXX/C2 7.90 This Model Most Efficient Model 10.00 This (or these) energy rating(s) is (or are) based on U.S. Government standard tests of this (or these) condenser model(s) combined with the most common coil(s). The ratings will vary slightly with different coils and in different geographic regions. NATIONAL AVERAGE ANNUAL HEATING COST TABLE ($ per year) MODEL XXX/CI Heat Loss of Home (in 1000's Btu's/hr.) * Region • • • ■ • $60 $80 $100 $120 $140 $170 $200 $240 $280 $250 $300 $350 $400 $520 $350 $410 $480 $550 $710 $910 $1110 $1330 $560 $660 $750 $970 $1200 $1460 $1720 $300 $370 $430 $500 $590 MODEL XXX/C2 Heat Loss of Home (in 1000's Btu's/hr.) * Region $50 $70 $90 $110 • $130 $160 $190 $220 $260 • $240 $280 $330 $400 $500 • $330 $400 $450 $520 $580 $880 $1020 $1230 • $540 $640 $730 $940 $1100 $1300 $1620 * $300 $350 $400 $470 $560 *From Heating Region Map BILLING C O D E 67S0-01-C CH-1

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46910 Federal Register / Vol. 52, No. 237 / Thursday, December 10, 1987 / Rules arid Regulations Note: These annual heating costs are based on U.S. Government standard tests and on a national average cost of electricity of 5.64$/ KWH. Your cost will vary depending on your local energy rate and how you use the product. A method for estimating your cost of operation is given below. How To Estimate Your Heating Cost To estimate your heating cost, determine your cost of electricity in cents per kilowatt hour (KWH) from your electric bill, your listed average annual heating cost from the National Average Annual Heating Cost Table, and substitute that number in the following equation:

Your estimated cost equals Listed annual* heating cost times Your electrical cost in cents (5.64$/KWH) Example: If your electric cost is 8.46$/ KWH and the annual heating cost listed in the table is $200:

Your estimated cost = $200 X 8.46$__ 5.64$ Your estimated cost = $200 X 1.5 = $300 Your estimated cost = $300 Appendix )—Suggested Data Reporting Format 1. Date of Report 2. Company Name ’ From the National Average Annual Heating Cost Table 3. City 4. State 5. Product 6. Energy Type (gas, oil, etc.) 7. Model Number 8. Estimated Annual Energy Cost or Energy Efficiency Rating 9. Capacity 10. Number of Tests Performed 11. Total Energy Consumption (based on all tests performed) B ILLIN G C O D E 6750-01-M

Page 189

Federal Register / Vol: 52, No. 237 / Thursday, Decem ber 10, 1987 / Rules and Regulations 46911 10/12 Helv.

8/9 Helv— 10 12 Helv- 12' Helv Bold- 6 Helv- 12' Helv Bold' 16 Helv 6' Helv Bold' 0/11 Helv Bold* 10/14 Heiv 10/11 Helv 14/15 Helv All copy Helvetica medium or bold H ---------------------------------------------- All copy * 27 picas - Water Heater-Oil (Name of Corporation) Model(s) RP23, RP38 Estimates on the scale are based on a national average oil rate of 62« per gallon.

Only models with first hour ratings of 75 to 86 gallons are used in the scale.

Model with lowest energy cost $127 ▼ ▼ TH IS M O D EL Model with highest energy cost $159 y Estimateti yeartyênçrgÿ cdsf".. ji Your cost will vary depending on your local energy rate and how you use the product. This energy cost is based on U .S . Government standard test. ♦ How much will this model cost you to run yearly? | Yearly cost .Estimated'yearly S cost shown below Cost per gallon 52« 56c ■60« 64« 68« 72« $137 $145 $153 $161 $169 $177 Ask your salesperson or local utility for the energy rate (cost per gallon) in your area.

Important Removal of this label before consumer purchase is a violation of federal law (42 U.S.C. 6302) (Part No. 361029) • SAM PLE L A B E L Figure 1 80 Numeral 12' rule 6' rule 12' rule ■ hairline rules 6' rule 8/9 Helv 6' Helv

Page 190

Electric Water Heater Model with Model with lowest ^ f t ^

highest energy cost M energy cost *» $22 W U

$67 V _____________ TH IS M O D EL 1 ▼ Gas Water Heater Model with Model with lowest highest energy cost m energy cost $20 $24 W_________ TH IST M O D EL T E sì I ma tedv yearly energy cost . .• t_ Loads of clothes per week Estimated yearly^ çoït«hQwrt beiqvy Cost per kilowatt hour $14 $29 $43 $57 $85 $21 $43 $64 $86 $129 $29 $57 $86 $114 $172 $36 $71 $107 $143 $214 $43. $85 $128 $172 $258 469X2 Federal Register J Voi. 52, No. 237 / Thursday, Decem ber 1^^1987jMRules^and^Regalatioiti8 All copy Helvetica medium or bold All Copy x 29 picas - • 10/12 Hohr 8/9 Helv I ' Holv Bold 8/9 Heiv 10’ Holv Bold 12* Holv Bold 1/9 Holv Bold 12' Holv numerals 8/9 Holv and Holv Bold 8/12 Holv 10/11 Holv 14' Holv 36' Helv numerals 12* rule 6' Helv 4’ rule 8' rule hairline rules 4* rule 8/9 Helv 6’ Helv Clothes Washer Capacity: Compact (Name of Corporation) Model(s) SL301, SL309 Your cost will vary depending on your local energy rate and how you use the product. This anargy coat to toM«d on U.S. Government standard tests.1 ^

How much will this model cost you to run yearly? with an electric water heater with a gas water heater ^ Ask your salesperson or local utility for the energy rate (cost per kilowati hour or therm) in your area, and for estimated costs if you have a propane or oil water heater. .»»Important Removal of this label before consumer purchase is a violation of federal law (42 U.S.C. 6302) {Pari N o 8399601) Estimates on the scale are based on a national average electric rate of 4.97« per kilowatt hour and a natural gas rate of 36.7« per therm.

Only compact size clothes washers are used in the scale.

Loads of clothes ¡ 2 per week Cost per therm jf1f>0 cubic 10c $2 $4 $6 $8 $12 20c $4 $8 $12 $16 $24 feet) 30c $6 $11 $17 $22 $34 ^ 40c $8 $15 $23 $30 $46 50c $10 $19 $29 $48 $58 60c $12 $22 $34 $44 $68 SAMPLE LABEL Figure 2

Page 191

Federal Register / Vol 52, No. 237 / Thursday, December 10,1987 / Rules and Regulations 46913 All copy Helvetica medium or bold ---------------------------------------------------------------- All Copy x 27 picas 10/12 Helv 12/13 Helv 10/11 Helv with 18' numerals 12/13 Helv 12 Halv Bold 14/15 Helv 8/9 Helv (For Furnaces) ^ You can save substantially on home heating and cooling energy cost by following the simple steps outlined below: Weatherproof your house Assure energy efficient heating and cooling equipment selection and installation Operate and maintain your system to conserve energy. Help conserve energy. Compare the energy efficiency rating and cost information for this model with others. Check the figures and spend less on energy.

Your contractor has the energy fact sheets. Ask for them. -► Important Removal of (42 U.S.C. 6302) this label before consumer purchase is a violation of federal law SAMPLE LABEL Figu re 3

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46914 Federal Register / Vol. 52, No. 237 / Thursday, December 10,1987 / Rules and Regulations All copy Helvetica m edium or bold AJJ copy x 27 picas 10/12 H e lv 8/9 Helv 10/12 Helv —

12’ Helv bold' 6’ Helv — 8/9 Helv 12’ Helv 14/15 Helv 8/9 Helv — •Central Air Conditioner (cooling only) Models with the most efficient ■energy rating number use less energy and cost less to operate Low ■efficiency model ! _____ 10.7 T H IS M O D E L ? High efficiency model ? : Energy. Efficiency Rating (E E R ) This energy rating is based on U S. Government standard test. This energy rating is based on U.S. Government standard tests of this condenser model combined with the most common coil. The rating may vary slightly with different coils. Federal law requires the seller or installer of this appliance to make available a fact sheet or directory giving further information regarding the efficiency and operating cost of this equipment. Ask for this information. ► Important Removal of this label before consumer purchase is a violation ot ^•federal law (42 U S C 6302) Part No. 20648) ■ 80' SAMPLE LABEL Helv ' Helv Figure 4

Page 193

Federal Register / Vot 52, No. 237 / Thursday, December 10,1987 / Rules and Regulations 4 5 9 1 5 AH copy Helvetica m edium or bold AH copy x 27 picas 10/12 Helv.

8/9 Helv 10/12 Helv —

12' Helv bold* 6’ Helv 8/9 Helv 12* Helv.

14/15 Helv.

8/9 Helv ►Heat P um p (heating only) Models with; the most efficient •energy rating number use ¡ess energy and cost less to operate Low ►efficiency model • 5 T H IS M O D E L ? Energy Efficiency Rating (E E R ) 1 High efficiency model ? Tiró energy rating is based on U.S. Government standard test This energy rating is based on U.S. Government standard tests of this condenser model combined with the most common coil. The rating wilt vary slightly with different coils and in different geographic regions.

Federal law requires the seller or installer of this appliance to make available a fact sheet or directory giving further information regarding the efficiency and operating cost of this equipment. Ask for this information. im portant Removal of this fabef before-consumer purchase s a nation of .federal law «42 U S C 6302) Part No. 20648) 8 0 ’ Helv 6 ‘ Helv SAM PLE LA B E L Figure 5

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46916 Federal Register / Vol. 52, No. 237 / Thursday, Decem ber 10,1987 / Rules and Regulations All copy Helvetica m edium or bold 10/12 Helv 8/9 Helv 8' Helv bold« 8/9 Helv 10’ Helv bold« 6 ’ Helv 8/9 Helv 12’ Helv 14/15 Helv* 8/9 Helv — All copy x 29 picas Heat P um p (heating and cooling) Models with the most efficient energy rating number use ¡ess energy and cost less to operate «■Cooling Mode Low ■ efficiency model Heating Mode High efficiency model T H IS M O D E L T f Low efficiency model T 7.5 High efficiency model T H IS Energy Efficiencymum ; ^Ærtefgy Éfíibtóñéy;

? M O D E L ' 36’ Helv numerals 12’ ru* Energy rating are based on U .S . Government standard test. These energy ratings ore based on U.S. Government standard tests of this condenser model combined with the most common coil. The ratings will vary slightly with different coils and in different geographic regions.

Federal law requires the seller or installer of this appliance to make available a fact sheet or directory giving further information regarding the efficiency and operating cost of this equipment. Ask for this information. Important Rem©va) of this label before consumer purchase *s a violation of • fédéral law (42 u ;S C 630?i Pari No. 20648) 6 ’ Helv SAM PLE LAB EL Figure 6

Page 195

Federal Register / VoL 52, No. 237 / Thursday, December 10,1987 / Rules and Regulations 46917 (Name of Corporation) Refrigerator-Freezer Model(s) AH503, AH504, AH507 Capacity: 23 Cubic Feet Type of Defrost: Full Automatic Estimates on the scats art based on a national average electric rate of 4.97c per kilowatt hour Only models with 22 5 to 24 4 cubic feet are compared in the scale Your coat will vary depending on your local energy rate and how you ute the product Th is energy cost is based on U S G o vernm ent standard tests How much will this model cost you to run yearly? |Yearly cost Cost per kilowatt hour 2* $44 4* $88 6* $132 8* $176 10* $220 12* $264 Ask your salesperson or local utility for the energy rate (cost per kilo­ watt hour) in your area.

mportant Removal of this label before consumer purchase is a violation of federal law (42 U S C 6302) SAMPLE LABEL (Part N o 371076)

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46918 Federal Register / Vol. 52, No. 237 / Thursday, December 10,1987 / Rules and Regulations (Name of Corporation) Freezer Model(s) SH405, SH413 Capacity: 26 Cubic Feet Type of Defrost: Manual Only models with 25.5 to 27.4 cubic feet are compared in the scale.

Estimates on the scale are based on a national average electric rate of 4.97c per kilowatt hour Your cost will vary depending on your local energy rate and how you use the product Tl»s energy cost .* based on U S Government standard tests How much wilt this model cost you to run yearly? Yearly cost Estimated yearly f cost shown below - -..j Cost per kilowatt hour 2* $64 4* $128 H $190 8* $252 10* $317 12* $380 Ask your salesperson or local utility for the energy rate (cost per kilo­ watt hour) in your area.

Important Removal of this label before consumer purchase is a violation of federal law (42 U S C 6302) SAMPLE LABEL (Pan No 1433?)

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it

Federal Register / Vol. 52, No. 237 / Thursday, December 10, 1987 / Rules and Regulations

46919

Dishwasher (Name of Corporation) Capacity: Standard Model(s) MR328, XL12, NA8&3

Only standard size dishwashers are used

Estimates on the scale are based on @ national average electric

rate of 4.97¢ per kilowatt hour in the scale and a natural gas rate of

3% .7¢ per therm

Electric Water Heater Gas Water Heater

Model with Model with Model with Model with lowest highest lowest highest energy cost energy cost energy cost energy cost $50 $19 $42

THIS MODEL Y THIS MODEL

Your cost will vary depending on your local energy rate and how you use the product. This energy Cos! 1s based on US Government standard tesis

How much will this model cost you to run yearly?

with an electric water heater with @ gas water heater

Loads of Loads of

deshes 2 4 6 8 12 dishes 2.4 ‘6 8 42

per week per week

nema 2¢7$8 $15 $23 $31 $47 Costper 10¢/$2 $5 $7 $9 $14

lowatt therm

hour 4¢7515 $31 $46 $62 $92 (100 cubic 20¢1$5 $11 $16 $22 $33 €¢/ $23 $46 $69 $92 $139 feet) OetS7 $14 $21 $27 $41 8¢1$31 $62 $92 $123 $189 40¢1S9 $19 $28 $36 $55 10€1$39 $77 $116 $154 $231 S0¢1$12 $23 $35 $45 $68 12¢] $47 $92 $139 $185 $278 @0¢ 1$19 $28 $42 $54 $82

Ask your Salesperson or local utility for the energy rate (cost per kilowatt hone ve vie ) in your area, and for estimated costs if you have a propane or oil water heater.

Important Removal of this label before consumer purchase is a violation of federal law (42 U.S.C 6302)

SAMPLE LABEL ek ee

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46920 Federal Register / Vol. 52, No. 237 / Thursday, Decem ber 10,1987 / Rules and Regulations Clothes Washer (Name of Corporation) Capacity: Compact Modei(s) SL301. SL309 Estimates on the scate are based on a national average electric rate of 4.97c per kilowatt hour and a natural gas rate of 36.7c per therm.

Only compact size clothes washers are used in the scale.

Electric Water Heater Gee Water Heater Model with lowest energy cost $22 $58 Model with highest energy cost $67 Model with lowest energy cost $20 $22 Model with highest energy cost $24 Your cost will vary depending on your local energy rate end how you use the product This energy cost >s based on U S Government standard tests How much will this model cost you to run yearly? with an electric water heater with a gas water heater Loads of clothes per week F Loads of clothos per week F 1 2 . Estimated yaarly $ cost - show n baio w 1 ;

Estima tad ysarly $ cost shown balow Coet per i t -iZ_ $14 $21 $29 $42 Coet per $2 $4 $6 $8 $12 kilo we tt hour $14 $29 $43 $57 $85 therm (100 cubic 204 $4 $8 $12 $16 $24 6C $21 $43 $64 $86 $129 f**0 S6 $11 $17 S22 $34 8C $29 $57 $86 $114 $172 $8 $15 $23 $30 $46 10C $36 $71 $107 $143 $214 $10 $19 $29 $48 $58 124 7*3 $85 $128 $172 $256 •04 $12 $22 $34 *$44 $68 Ask your salesperson or local utility for the energy rate (cost per kilowatt hour or therm) in your area, and for estimated costs if you have a propane or oil water heater.

Important Removal of this label before consumer purchase is a violation of federal law (42 U S C 6302) SAMPLE LABEL (Part No 0399601)

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Federal Register / Vol. 52, No. 237 / Thursday, Decem ber 10, 1987 / Rules and Regulations 46921 (Name of Corporation) Water Heater-Oil Model(s) RP23, RP38 Model with lowest energy cost $127 ▼ ▼ THIS MODEL $134 Model with highest energy cost $159 ▼ Estimated yearly energy coat Your cost will vary dapanding on your local anargy rata and how yOU U 8 0 tha product. This energy coat <t baaed on U S Government standard tests How much will this model cost you to run yearly? Yearly cost Cost per 52c $137 gallon 56f $145 60c $153 64c $161 66c $169 72C $177 Ask your salesperson or local utility for the energy rate (cost per gallon) in your area.

important Removal of this label before consumer purchase is a violation of federal law (42 U S C 6302} SAMPLE LABEL (Part No 3610291

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46922 Federal Register / Vol. 52, No. 237 / Thursday, December 10,1987 / Rules and Regulations Room Air Conditioner (Name of Corporation) Capacity:

8,000 BTU/hr Model(s) SA 714, SA 718 Models with the most efficient energy rating number use less energy and cost less to operate.

Models with 7800 to 8299 BTU's cool about the same space.

Least efficient model 3.4 Most efficient model 8.5 ▼ ____________ THIS MODEL V __________ ▼ &¡*j¿ » M ■ - v V r nares ci«itcr n«iini it ca). ¿ This energy rating it based on U S Government standard tests How much will this model cost you to run yearly? Yearly hours of use Cost per kilowatt hour H $7 $20 $28 $56 $64 4* $14 $41 $56 $112 $168 u $20 $61 $80 $160 $240 H $27 $82 $108 $216 $324 $34 $102 $136 $272 $408 i i T "

$41 $122 $163 $489 Ash your salesperson or local utility for the energy rate (cost per kilo­ watt hour) in your area. Your cost will vary depending on your local energy rate and how you use the product. Important Removal of this label before consumer purchase is a violation of federal law (42 U S C 6302) SAMPLE LABEL (P art No J06« |

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Federal Register / Vol. 52, No. 237 / Thursday, December 10,1987 / Rules and Regulations 46923 (For Furnaces) You can save substantially on home heating and cooling energy costs by following the simple steps outlined below: ^ Weatherproof your house p Assure energy efficient heating and cooling equipment selection and installation Operate and maintain your system to conserve energy. Help conserve energy. Compare the energy efficiency rating and cost information for this model with others. Check the figures and spend less on energy. Your contractor has the energy fact sheets. Ask for them. Important Removal of federal law (42 US C 6302) this label before consumer purchase is a violation of SAMPLE LABEL By direction of the Commission.

Emily H. Rock, Secretary.

[FR Doc. 87-24545 Filed 12-9-87; 8:45 am]