Unknown. Final rule

7,176 words·~33 min read·/register/2018/02/22/2018-03665·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2018-02-22.xml --- 83 36 Thursday, February 22, 2018 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service NOTICES Environmental Assessments; Availability, etc.: Release of Aceria drabae for Biological Control of Hoary Cress, 7654 2018-03552 Children Children and Families Administration NOTICES Funding Announcements: BCFS Health and Human Services, 7726-7727 2018-03583 Civil Rights Civil Rights Commission NOTICES Meetings:

Rhode Island Advisory Committee, 7654-7655 2018-03550 Coast Guard Coast Guard PROPOSED RULES Safety Zones: Pensacola Bay, Pensacola, FL, 7644-7647 2018-03663 Recurring Events in Captain of the Port Duluth Zone, 7647-7650 2018-03624 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Court Court Services and Offender Supervision Agency for the District of Columbia NOTICES Fiscal Year 2016 Service Contract Inventory, 7700-7701 2018-03616 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Migrant Student Information Exchange User Application Form, 7701 2018-03561 Program for International Student Assessment Main Study, 7701-7702 2018-03564 Requests for Comments: Performance of Accrediting Agencies, 7702-7703 2018-03686 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations:

Arizona Air Plan Revisions, Arizona Department of Environmental Quality, 7614-7616 2018-03526 Virginia; Revisions to Implement the Revocation of the 1997 Ozone NAAQS, 7610-7614 2018-03524 Pesticide Tolerances; Exemptions: Methyl-alpha-D-mannopyranoside (Alpha Methyl Mannoside), 7616-7619 2018-03671 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Fish Program (Formerly Referred to as the National Listing of Fish Advisories) (Renewal), 7719 2018-03676 Response to June 1, 2016 Clean Air Act Petition from Connecticut, 7710-7719 2018-03679 Equal Equal Employment Opportunity Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 7720-7721 2018-03643 Federal Aviation Federal Aviation Administration PROPOSED RULES Special Conditions: SWS Certification Services, Ltd., Boeing Model 747-8 Airplanes; Installation of Overhead Passenger-Sleeping Compartment in Main Deck, 7638-7643 2018-03587 NOTICES Exemption Petitions; Summaries: Corvus Airlines, Inc., 7832-7833 2018-03619 Donaldson Aerospace and Defense, 7833 2018-03620 Intent of Waiver with Respect to Land: Akron-Canton Airport, North Canton, OH, 7833-7834 2018-03654 Waiver of Aeronautical Land Use Assurance:

Great Falls International Airport, Great Falls, MT, 7832, 7835 2018-03656 2018-03658 Federal Communications Federal Communications Commission RULES Cable Television Technical and Operational Standards, 7619-7631 2018-03547 Restoring Internet Freedom, 7852-7922 2018-03464 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7723-7724 2018-03546 Meetings: North American Numbering Council, 7725 2018-03652 Privacy Act; Systems of Records, 7721-7723 2018-03653 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Transcript Request Form, 7752-7753 2018-03577 Flood Hazard Determinations, 7760-7761 2018-03575 Flood Hazard Determinations; Changes, 7757-7760 2018-03573 Flood Hazard Determinations; Proposals, 7753-7756 2018-03574 Requests for Nominations: National Advisory Council, 7756-7757 2018-03576 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 7708-7709 2018-03645 Complaints: City of Alexandria, Louisiana v. EnLink LIG, LLC, 7709 2018-03557 Declaratory Orders;

Petitions: Zeeland Farm Services, Inc.; Amendment, 7707 2018-03647 Hydroelectric Applications: Goose River Hydro, Inc., 7707-7708 2018-03556 Meetings: Participation of Distributed Energy Resource Aggregations in Markets Operated by Regional Transmission Organizations and Independent System Operators, Distributed Energy Resources—Technical Considerations for the Bulk Power System; Technical Conference, 7703-7707 2018-03649 Requests under Blanket Authorizations: Northern Natural Gas Co., 7709-7710 2018-03646 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements;

Availability, etc.: Henry County, Virginia, 7841-7842 2018-03597 Fixing America's Surface Transportation Act: Equal Access for Over-the-Road Buses Guidance, 7839-7841 2018-03617 Guidance: Transportation Asset Management Plan Development Processes Certification and Recertification Guidance; Transportation Asset Management Plan Consistency Determination Interim Guidance, 7835-7839 2018-03618 Federal Railroad Federal Railroad Administration NOTICES Funding Opportunities: Law Enforcement Strategies for Reducing Trespassing Pilot Grant Program, 7842-7845 2018-03579 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 7725-7726 2018-03549 Federal Trade Federal Trade Commission RULES Energy Labeling Rule, 7593-7608 2018-03665 PROPOSED RULES Guides for the Nursery Industry, 7643-7644 2018-03569 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Administrative Practices and Procedures; Formal Evidentiary Public Hearing, 7742-7744 2018-03604 Guidance for Industry and Food and Drug Administration Staff—Class II Special Controls Guidance Document:

Automated Blood Cell Separator Device Operating by Centrifugal or Filtration Principle, 7745-7747 2018-03613 Medical Device Labeling Regulations, 7728-7732 2018-03608 Medical Device Recall Authority, 7740-7742 2018-03605 New Animal Drugs for Investigational Use, 7735-7738 2018-03609 Determinations of Regulatory Review Periods for Purposes of Patent Extensions: ESBRIET, 7732-7733 2018-03612 LYMPHOSEEK, 7734-7735 2018-03610 OFEV, 7747-7749 2018-03606 Meetings: Blood Products Advisory Committee and the Microbiology Devices Panel of the Medical Devices Advisory Committee, 7744-7745 2018-03614 Peripheral and Central Nervous System Drugs Advisory Committee, 7727-7728 2018-03603 New Drug Applications:

Parke-Davis, Subsidiary of Pfizer, Inc. et al.; Withdraw of Approval, 7738-7740 2018-03607 General Services General Services Administration RULES Acquisition Regulations: Unenforceable Commercial Supplier Agreement Terms, 7631-7636 2018-03350 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Public Housing Agencies Service Areas Solicitation of Comments: Withdrawal, 7762 2018-03661 Interior Interior Department See Land Management Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Polyethylene Terephthalate Resin from Brazil, Indonesia, the Republic of Korea, Pakistan, and Taiwan, 7655 2018-03670 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Ripe Olives from Spain, 7774-7776 2018-03591 Justice Department Justice Department See Justice Programs Office See Parole Commission NOTICES Proposed Consent Decrees: Clean Water Act, 7776 2018-03664 Justice Programs Justice Programs Office NOTICES Proposed Revision of NIJ Standard 0101.06, Ballistic Resistance of Body Armor, 7776-7777 2018-03674 Threat Levels and Associated Ammunition to Test Equipment Intended to Protect U.S.

Law Enforcement Against Handguns and Rifles, 7776 2018-03672 Labor Department Labor Department See Mine Safety and Health Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Homeless Veterans Reintegration Program Impact Evaluation, 7778-7779 2018-03553 Meetings: Advisory Committee on Veterans' Employment, Training and Employer Outreach, 7777-7778 2018-03551 Land Land Management Bureau PROPOSED RULES Waste Prevention, Production Subject to Royalties, and Resource Conservation:

Rescission or Revision of Certain Requirements, 7924-7948 2018-03144 NOTICES Meetings: Southeast Oregon Resource Advisory Council, 7762-7763 2018-03642 Mine Mine Safety and Health Administration NOTICES Petitions for Modifications: Application of Existing Mandatory Safety Standard, 7779-7780 2018-03555 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decisions of Inconsequential Noncompliance: General Motors, LLC, 7847-7849 2018-03677 Hino Motors, Ltd., 7846-7847 2018-03678 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 7749 2018-03666 National Institute of General Medical Sciences, 7750 2018-03667 National Institute of Mental Health, 7749-7750 2018-03668 2018-03669 National Institute on Aging, 7749 2018-03558 Predictive Models for Acute Oral Systemic Toxicity, 7750-7751 2018-03559 National Oceanic National Oceanic and Atmospheric Administration RULES Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region: 2017-2018 Commercial Hook-and-Line Closure for King Mackerel in Gulf of Mexico Southern Zone, 7636-7637 2018-03651 PROPOSED RULES Fisheries Off West Coast States:

West Coast Salmon Fisheries; Management Measures to Limit Fishery Impacts on Sacramento River Winter Chinook Salmon, 7650-7653 2018-03596 NOTICES Takes of Marine Mammals Incidental to Specified Activities: Site Characterization Surveys off of New York, 7655-7680 2018-03611 Takes of Marine Mammals: Gull and Climate Monitoring/Research in Glacier Bay National Park, AK, 7699-7700 2018-03578 Incidental to Astoria Waterfront Bridge Replacement Project, 7680-7699 2018-03615 National Park National Park Service NOTICES Inventory Completions:

History Colorado, Formerly Colorado Historical Society, Denver, CO, 7764-7765 2018-03632 U.S. Department of the Interior, Bureau of Land Management, Alaska State Office, Anchorage, AK, 2018-03628 7770-7772 2018-03629 U.S. Fish and Wildlife Service, Alaska Region, Anchorage, AK, 7765-7768 2018-03634 2018-03636 University of North Carolina at Chapel Hill, Research Laboratories of Archaeology, Chapel Hill, NC, 7773-7774 2018-03631 Repatriation of Cultural Items: Field Museum of Natural History, Chicago, IL, 7764 2018-03639 Mount Holyoke College Art Museum, South Hadley, MA, 7769-7770 2018-03630 New Jersey State Museum, Trenton, NJ, 7763-7764 2018-03633 New York State Museum, Albany, NY, 7768-7769 2018-03638 U.S.

Department of the Interior, National Park Service, Kaloko-Honokohau National Historical Park, HI, 7771-7772 2018-03637 United States Army Corps of Engineers, Tulsa District, Tulsa, OK, 7766-7767 2018-03635 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Metallurgy and Reactor Fuels, 7788-7789 2018-03560 Advisory Committee on Reactor Safeguards Subcommittee on Planning and Procedures, 7789 2018-03588 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Standard on Confined Spaces in Construction, 7782-7788 2018-03571 The Vinyl Chloride Standard, 7781-7782 2018-03623 Parole Parole Commission NOTICES Meetings; Sunshine Act, 7777 2018-03706 Postal Service Postal Service NOTICES Product Changes: Global Expedited Package Services—Non-Published Rates, 7789 2018-03592 Priority Mail and First-Class Package Service Negotiated Service Agreement, 7789-7790 2018-03563 Securities Securities and Exchange Commission NOTICES Applications:

Morningstar Funds Trust, et al., 7827-7828 2018-03570 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Stock Exchange, Inc., 7793-7811 2018-03589 Miami International Securities Exchange, LLC, 7790-7793 2018-03565 MIAX PEARL LLC, 7820-7824 2018-03566 The Nasdaq Stock Market LLC, 7812-7820 2018-03568 Social Social Security Administration NOTICES Fiscal Year 2016 Service Contract Inventory, 7828 2018-03650 State Department State Department NOTICES Meetings: International Telecommunication Advisory Committee, 7829 2018-03594 United States-Bahrain Joint Forum on Environmental Cooperation;

Meeting Agenda and 2017-2021 Work Program, 7829 2018-03593 Surface Transportation Surface Transportation Board NOTICES Purchases of Certain Assets: Academy Bus, LLC and Franmar Leasing LLC; Daniel's Charters and Tours LLC, 7829-7831 2018-03644 Trade Representative Trade Representative, Office of United States NOTICES Public Hearings: 2018 Special 301 Review: Identification of Countries Under Section 182 of the Trade Act of 194, 7831-7832 2018-03562 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See National Highway Traffic Safety Administration U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Notice of Appeal of Decision Under Section 210 or 245A, 7761-7762 2018-03580 Customs U.S. Customs and Border Protection RULES Technical Amendment to List of User Fee Airports: Name Changes of Several Airports and the Addition of Five Airports, 7608-7610 2018-03581 NOTICES Commercial Laboratories; Accreditation and Approvals: Saybolt LP (Clarksville, IN), 7752 2018-03602 Saybolt LP (LaPlace, LA), 7751-7752 2018-03601 U.S.

China U.S.-China Economic and Security Review Commission NOTICES Public Hearings, 7849 2018-03621 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Reimbursement of Licensing or Certification Test Fees, 7849-7850 2018-03586 Application for Service-Disabled Veterans Insurance, 7849 2018-03584 Separate Parts In This Issue Part II Federal Communications Commission, 7852-7922 2018-03464 Part III Interior Department, Land Management Bureau, 7924-7948 2018-03144 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 83 36 Thursday, February 22, 2018 Rules and Regulations FEDERAL TRADE COMMISSION 16 CFR Part 305 RIN 3084-AB15 Energy Labeling Rule AGENCY: Federal Trade Commission (“FTC” or “Commission”). ACTION: Final rule. SUMMARY: The Commission amends the Energy Labeling Rule (“Rule”) by updating ranges of comparability and unit energy cost figures on EnergyGuide labels for dishwashers, furnaces, room air conditioners, and pool heaters.

The Commission also sets a compliance date of October 1, 2019 for EnergyGuide labels on room air conditioner boxes and makes several minor clarifications and corrections to the Rule. DATES: The amendments are effective May 23, 2018. ADDRESSES: Relevant portions of the record of this proceeding, including this document, are available at *http://www.ftc.gov.* FOR FURTHER INFORMATION CONTACT: Hampton Newsome,

(202)326-2889, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Room CC-9528, 600 Pennsylvania Avenue NW, Washington, DC 20580. SUPPLEMENTARY INFORMATION: I. Background The Commission issued the Energy Labeling Rule (“Rule”) in 1979, 1 pursuant to the Energy Policy and Conservation Act of 1975 (EPCA). 2 The Rule requires energy labeling for major home appliances and other consumer products to help consumers compare competing models. It also contains labeling requirements for refrigerators, refrigerator-freezers, freezers, dishwashers, water heaters, clothes washers, room air conditioners, furnaces, central air conditioners, heat pumps, plumbing products, lighting products, ceiling fans, and televisions. 1 44 FR 66466 (Nov. 19, 1979). 2 42 U.S.C. 6294. EPCA also requires the Department of Energy

(DOE)to develop test procedures that measure how much energy appliances use, and to determine the representative average cost a consumer pays for different types of energy. The Rule requires manufacturers to attach yellow EnergyGuide labels to many covered products and prohibits retailers from removing these labels or rendering them illegible. In addition, it directs sellers, including retailers, to post label information on websites and in paper catalogs from which consumers can order products. EnergyGuide labels for most covered products contain three key disclosures: Estimated annual energy cost, a product's energy consumption or energy efficiency rating as determined by DOE test procedures, and a comparability range displaying the highest and lowest energy costs or efficiency ratings for all similar models. For cost calculations, the Rule specifies national average costs for applicable energy sources ( *e.g.,* electricity, natural gas, oil) as calculated by DOE. Under the Rule, the Commission periodically updates comparability range and annual energy cost information based on manufacturer data submitted pursuant to the Rule's reporting requirements. The Rule also sets a five-year schedule for updating comparability range and annual energy cost information. 3 3 16 CFR 305.10. II. Proposed Amendments In a November 9, 2017 Notice of Proposed Rulemaking (NPRM), the Commission sought comment on proposed updates to the Rule's comparability ranges and amendments to set a compliance date for EnergyGuide labels on room air conditioner boxes. The Commission received 10 comments in response. 4 After reviewing the comments, the Commission now issues final amendments addressing these issues. 4 *See* 82 FR 52024. The comments received in response to the NPRM are here: *https://www.ftc.gov/policy/public-comments/2017/12/initiative-730.* The comments included: Air-Conditioning, Heating, and Refrigeration Institute

(AHRI)(#00006); American Public Gas Association

(APGA)(#00007); National Electrical Manufacturers Association

(NEMA)(#00008); Association of Home Appliance Manufacturers

(AHAM)(#00009); Earthjustice (“Joint Commenters”) (#00010); Grear (#00011); Kremer (#00005); O'Hare (#00004); Castillo (#00003); and Chambers (#00002). III. Final Amendments A. Comparability Range and Energy Cost Revisions *Background:* In the NPRM, the Commission proposed revisions to the comparability range and energy cost information for dishwashers, furnaces, pool heaters, and room air conditioners. 5 The comparability ranges ( *i.e.,* scales) show the highest and lowest energy costs or energy efficiency ratings of models similar to the labeled product. The Commission derives these ranges from annual data submitted by manufacturers. In addition, the Commission proposed updating the average energy cost figures manufacturers must use to calculate a model's estimated energy cost for the label based on national average cost figures published by DOE. 6 The Commission also proposed amending the energy cost tables in Appendix K to clarify the cost applicable to various covered products. 7 To effect these changes, the Commission proposed amending the applicable tables in the Rule's appendices. Under the Rule (§ 305.10), manufacturers must begin using this new information on product labels within 90 days after publication of the updated tables. 5 16 CFR 305.10. This document also updates the sample labels in the Rule's appendices to reflect the new range and cost information and to include the minor label content changes discussed in this document. 6 82 FR 21213 (May 5, 2017) (DOE notice for “Representative Average Unit Costs of Energy”). 7 Applicable energy cost figures for ceiling fans, lighting products, and televisions appear in §§ 305.13 (effective September 17, 2018), 305.15, and 305.17 respectively. The Commission did not propose amending the range and cost information for EnergyGuide labels for refrigerators, freezers, clothes washers, water heaters, central air conditioners, and televisions because the Commission has recently updated label information for these products. 8 The Commission explained in the NPRM that changing labels for these products so soon would unnecessarily burden manufacturers and potentially confuse consumers by introducing new label information in the marketplace. 9 8 *See* 81 FR 63634 (Sept. 15, 2016) (new range information for refrigerators and freezers, water heaters, and central air conditioners effective June 12, 2017); 81 FR 7201 (Feb. 11, 2016) (new ranges for clothes washers effective May 11, 2016); and 80 FR 16259 (Mar. 27, 2015) (updated ranges for televisions effective July 15, 2015). 9 The Commission followed a similar approach during the last cycle of range and cost updates. *See* 78 FR 1779 (Jan. 9, 2013). *Comments:* Though commenters generally supported the updated ranges, AHRI and O'Hare recommended minor changes. Specifically, AHRI noted that the new range for oil-fired boilers should reflect several models rated at an Annual Fuel Utilization Efficiency

(AFUE)of 82.0. O'Hare suggested the upper end of the pool heater thermal efficiency range on the sample label be 96.0 to reflect the amended table in Appendix J1. In addition, several energy efficiency and consumer organizations (the “Joint Commenters”) recommended new ranges for clothes washers. They explained that new DOE standards, which become effective in January 2018, will significantly change the lower end of the ranges for these products (for both standard and compact capacity categories) by removing many existing lower efficiency models from the market. In the Joint Commenters' view, delay in updating the ranges will result in ranges that include products no longer manufactured, thus misleading consumers about the efficiency and operating costs of models in production. The commenters also argued that such inaccurate ranges would violate EPCA's directive (see 42 U.S.C. 6294(c)(1)(B)) to provide range information for “covered products to which the rule applies.” *Discussion:* The Commission amends the Rule to implement the updates proposed in the NPRM and the minor changes suggested by the commenters. The Commission, however, does not update the clothes washer ranges at this time. Because the Commission updated the range data for clothes washer labels in 2016 (81 FR 7201 (Feb. 11, 2016)), it is reluctant to change the labels again after such a short interval because it would create inconsistent labels for consumers during the transition and unnecessarily burden manufacturers. However, the Commission will review new clothes washer data in light of the new DOE 2018 standards and consider whether to propose updating the ranges. The Commission does not agree with the Joint Commenters that the current ranges violate EPCA's directive to provide range information for “covered products to which the rule applies.” The Commission interprets this statutory instruction, together with the directive in 42 U.S.C. 6294(c)(2)(B), as applying to general product types ( *i.e.,* categories), not to individual models. Furthermore, models frequently appear in the market that may fall outside of the Rule's current range, and the statute contains no requirement for the Commission to update ranges continuously. Indeed, the law prohibits the Commission from updating ranges more often than annually. 10 10 42 U.S.C. 6296(c). B. Room Air Conditioner Labels on Packages *Background:* In the NPRM, the Commission proposed a compliance date for changes to room air conditioner labels. In 2015, the Commission announced final amendments requiring labels on room air conditioner boxes and replacing the EER (“Energy Efficiency Ratio”) disclosure with CEER (“Combined Energy Efficiency Ratio”) (80 FR 67285, 67292-3 (Nov. 2, 2015)). However, to reduce burden on manufacturers that use both the U.S. and Canadian labels, the Commission delayed a compliance date announcement until Natural Resources Canada (NRCan), which administers the Canadian EnerGuide labeling program, had announced similar provisions. On December 28, 2016, NRCan published regulatory amendments providing manufacturers the option to print the EnerGuide label on packaging (Canada Gazette, Vol. 150, No. 26 (Dec. 28, 2016)) in lieu of affixing the EnerGuide label to the product. The Commission then proposed a compliance date of October 1, 2018, explaining that October coincides with the beginning of the industry's annual production cycle ( *i.e.,* the cooling season). *Comments:* AHAM generally supported the change from EER to CEER, as well as the transition to labels on product boxes. However, it urged the Commission to provide additional time for this transition. Specifically, AHAM argued that the change will require manufacturers to completely redesign their packaging to accommodate the label. Accordingly, AHAM requested that the Commission set an October 1, 2019 date for the box labels. *Discussion:* In response to AHAM's concerns, the Commission sets the compliance date at October 1, 2019 to provide manufacturers ample time to make the transition to box labels. As indicated in the NPRM, manufacturers generally deploy their product lines on an annual basis beginning in October of each year. According to AHAM, an October 2018 compliance date likely would not provide adequate time for making the required changes. In addition, the Commission expects a compliance date falling in the middle of the annual production cycle could cause significant disruption. If they so choose, manufacturers may begin using the labels on packages before the October 1, 2019 compliance date. In the meantime, they must continue to affix labels to the products themselves and provide labels online. The amendments also change the label's efficiency disclosure from EER to CEER as proposed. 11 Manufacturers should begin using CEER along with the new ranges published in this document ( *i.e.,* within 90 days of publication). 11 80 FR at 67292-3. C. Technical Corrections and Clarifications *Background:* In the NPRM, the Commission proposed several minor clarifying and corrective amendments. These included a clarification to § 305.10(c) regarding labeling for models falling outside of the current ranges, as well as corrections to §§ 305.5 (obsolete reference to LED bulb tests), 305.8 (reference to the timing of reporting requirements), 305.12 (sample label references for central air conditioners labels), and 305.16 (plumbing disclosures). *Comments:* Several commenters, including AHAM and NEMA, supported these minor amendments. No comments opposed them. However, AHAM requested additional clarifications. First, it recommended replacing the term “operating cost” with “energy cost” in § 305.10(c)(2) and on the sample clothes washer label in appendix L to ensure consistency with other sample labels and Rule provisions. According to AHAM, industry members have used the term “energy cost” on labels prepared pursuant to § 305.10 for this reason. In addition, most of the labels and applicable Rule text in § 305.11 use the term “energy cost.” AHAM urged the Commission to provide ample time for manufacturers to make any necessary changes. AHAM also urged the Commission to clarify the label language required for describing refrigerator-freezers that do not have through-the-door ice service. AHAM noted that the Rule's sample label uses the phrase “no through-the-door ice,” whereas the comparability range tables in appendix A state “Without Through-the-door-ice.” Although AHAM did not express a preference for the applicable language, it requested sufficient time for their members to change labels to avoid waste and unnecessary cost should the Commission issue a clarification. *Discussion:* The Commission amends the Rule to include the proposed clarifications and technical corrections, including replacing the term “operating cost” with “energy cost” in § 305.10(c)(2) and on the clothes washer label as suggested by AHAM. The Commission does not expect these corrections to create any additional burden for manufacturers because current practice appears to be consistent with most of these changes. However, to the extent that manufacturers must change existing labels, they may do so after exhausting their current label supply to avoid unnecessary costs. Should individual manufacturers have questions about revising labels, they can contact FTC staff for guidance. 12 12 In addition, the final amendments correct § 305.11 to reinsert paragraphs (f)(10) and (11), which were inadvertently omitted in an earlier rulemaking (81 FR 63634, Sept. 15, 2016)). The Commission finds good cause for implementing the technical corrections recommended by AHAM and the correction to § 305.11 without further notice and comment. *See* 5 U.S.C. 553(b)(3)(B); 5 CFR 1.26(b). The Commission, however, declines to amend the Rule's descriptions for refrigerator-freezers. The current Rule sets only general requirements for the content of these product descriptions at the labels top left and does not prescribe exact language that manufacturers must use. 13 Accordingly, manufacturers may continue to use their present descriptions provided they are consistent with the Rule's refrigerator-freezer categories. The Commission may consider amending the Rule in the future to require uniform descriptors for refrigerator-freezers should stakeholders desire such a change. For now, without further notice and comment, the Commission does not change this provision of the Rule. 13 Though the model descriptions at the label's top left portion must be “consistent” with the tables in appendix A (§ 305.11(f)(4)), such descriptions do not have to track the language in the tables exactly. *See* 81 FR 63634, 63639, n. 39 (Sept. 15, 2016) (adding the requirements in § 305.11(f)(4) to ensure manufacturers do not list extraneous product features). However, explanatory language at the label's lower section must contain the specific descriptors set out in § 305.11(f)(9)(iii)) (“models with similar features . . .”). D. Additional Issues Raised in Comments A few commenters offered broad suggestions to improve aspects of the Energy Labeling Rule not discussed in NPRM, thus falling outside of the scope of the proposed amendments. 14 For instance, the American Public Gas Association

(APGA)recommended the Commission consider requiring source-based energy efficiency descriptors on the EnergyGuide labels to provide consumers with broader information about the overall environmental impacts of product use. APGA also urged the Commission to consider using marginal energy cost figures for calculating annual energy costs on labels, indicating that the average cost figures currently used for the labels overstate the costs. APGA urged the Commission to raise these issues in the future for further discussion. 14 Other comments (Castillo and Chambers) expressed general support for the Rule. One commenter (Kremer) argued that the Rule's labeling is “redundant” and that consumers only need wattage information. Gear also provided several suggestions to improve the labels. First, Gear recommended state-by-state energy cost disclosures on the label to provide consumers with energy information reflecting the utility rates where they live. If such disclosures prove impracticable for individual labels, the commenter suggested the Commission consider providing this information online. Second, Gear recommended the label contain a “yearly cost compared to average” disclosure, as well as other design changes to address reported concerns with consumer comprehension. Finally, Gear recommended the Commission consider requiring labels for clothes dryers. At this time, the Commission does not propose additional changes to the Rule, though it may consider such broader issues in the future. Without an opportunity for public comment and further consideration, the Commission cannot make such changes at this time. In recent years, the Commission has implemented many broad changes related to label design, reporting, and other aspects of the labeling program to improve information for consumers and industry members. 15 Accordingly, the Commission does not plan to pursue these additional issues as part of the present amendments. Instead, the FTC staff will review these issues and consider whether to recommend additional amendments or non-regulatory measures in the future. It will also continue working outside the rulemaking context with DOE staff to explore online consumer information about the energy use of covered products, including source-based impacts and energy costs reflecting state or regional variations in fuel rates. 15 *See, e.g.,* 75 FR 41696 (July 19, 2010) (new light bulb labels); 76 FR 1037 (Jan. 6, 2011) (television labels); 78 FR 2200 (Jan. 1, 2013) (online labels and streamlined reporting); 78 FR 8362 (Feb. 6, 2013) (regional standards for heating and cooling equipment); 80 FR 67285 (Nov. 2, 2015) (expansion of light bulb label coverage, increase label durability, and improve plumbing disclosures); 81 FR 63633 (Sept. 15, 2016) (improve access to energy labels online and improve labels for refrigerators, ceiling fans, central air conditioners, and water heaters). IV. Paperwork Reduction Act The current Rule contains recordkeeping, disclosure, testing, and reporting requirements that constitute information collection requirements as defined by 5 CFR 1320.3(c), the definitional provision within the Office of Management and Budget

(OMB)regulations that implement the Paperwork Reduction Act. OMB has approved the Rule's existing information collection requirements through November 30, 2019 (OMB Control No. 3084 0069). The amendments do not change the substance or frequency of the recordkeeping, disclosure, or reporting requirements and, therefore, do not require further OMB clearance. V. Regulatory Flexibility Act The provisions of the Regulatory Flexibility Act relating to a Regulatory Flexibility Act analysis (5 U.S.C. 603-604) are not applicable to this proceeding because the amendments do not impose any new obligations on entities regulated by the Energy Labeling Rule. As explained elsewhere in this document, the amendments do not change the substance or frequency of the recordkeeping, disclosure, or reporting requirements. Thus, the amendments will not have a “significant economic impact on a substantial number of small entities.” 5 U.S.C. 605. The Commission has concluded, therefore, that a regulatory flexibility analysis is not necessary, and certifies, under Section 605 of the Regulatory Flexibility Act (5 U.S.C. 605(b)), that the amendments will not have a significant economic impact on a substantial number of small entities. List of Subjects in 16 CFR Part 305 Advertising, Energy conservation, Household appliances, Labeling, Reporting and recordkeeping requirements. For the reasons set out above, the Commission amends 16 CFR part 305 as follows: PART 305—ENERGY AND WATER USE LABELING FOR CONSUMER PRODUCTS UNDER THE ENERGY POLICY AND CONSERVATION ACT (“ENERGY LABELING RULE”) 1. The authority citation for part 305 continues to read as follows: Authority: 42 U.S.C. 6294. § 305.2 [Amended] 2. In § 305.2(p), remove the words “ *energy efficiency ratio (EER)”* and add, in their place, “ *combined energy efficiency ratio (CEER)* ”. 3. In § 305.5, revise paragraph (a), remove paragraph (c), and redesignate paragraph

(d)as paragraph

(c)to read as follows: § 305.5 Determinations of estimated annual energy consumption, estimated annual operating cost, and energy efficiency rating, water use rate, and other required disclosure content.

(a)Unless otherwise stated in paragraphs

(b)and

(c)of this section, the content of any disclosures required by this part must be determined in accordance with the testing and sampling provisions required by the Department of Energy as set forth in subpart B to 10 CFR part 430, 10 CFR part 431, and 10 CFR 429.11. § 305.7 [Amended] 4. In § 305.7(f), remove the word “EER” and add, in its place, “CEER.” 5. In § 305.8, revise paragraph

(c)to read as follows: § 305.8 Submission of data.

(c)All information required by paragraphs (a)(1) through

(3)of this section must be submitted for new models prior to any distribution of such model. Models subject to design or retrofit alterations which change the data contained in any annual report shall be reported in the manner required for new models. Models which are discontinued shall be reported in the next annual report. 6. In § 305.10, paragraphs (a), (b), and (c)(2) are revised and paragraph (c)(3) is added to read as follows: § 305.10 Ranges of comparability on the required labels.

(a)*Range of estimated annual energy costs or energy efficiency ratings.* The range of estimated annual operating costs or energy efficiency ratings for each covered product (except televisions, ceiling fans, fluorescent lamp ballasts, lamps, metal halide lamp fixtures, showerheads, faucets, water closets and urinals) shall be taken from the appropriate appendix to this part in effect at the time the labels are affixed to the product. The Commission shall publish revised ranges in the **Federal Register** in 2022. When the ranges are revised, all information disseminated after 90 days following the publication of the revision shall conform to the revised ranges. Products that have been labeled prior to the effective date of a modification under this section need not be relabeled.

(b)*Representative average unit energy cost.* The Representative Average Unit Energy Cost to be used on labels as required by § 305.11 and disclosures as required by § 305.20 are listed in appendices K1 and K2 to this part. The Commission shall publish revised Representative Average Unit Energy Cost figures in the **Federal Register** in 2022. When the cost figures are revised, all information disseminated after 90 days following the publication of the revision shall conform to the new cost figure.

(c)* * *

(2)Add one of the two sentences below, as appropriate, in the space just below the scale on the label, as follows: The estimated yearly energy cost of this model was not available at the time the range was published. The energy efficiency rating of this model was not available at the time the range was published.

(3)For refrigerator and refrigerator-freezer labels:

(i)If the model's energy cost falls outside of either or both ranges on the label, include the language in paragraph (c)(2) of this section.

(ii)If the model's energy cost only falls outside of the range for models with similar features, but is within the range for all models, include the product on the scale and place a triangle below the dollar value.

(iii)If the model's energy cost falls outside of both ranges of comparability, omit the triangle beneath the yearly operating cost value. 7. Amend § 305.11 by revising paragraphs

(d)introductory text, (d)(3), and (f)(9)(x) and adding paragraphs (f)(10) and

(11)to read as follows: § 305.11 Labeling for refrigerators, refrigerator-freezers, freezers, dishwashers, clothes washers, water heaters, room air conditioners, and pool heaters.

(d)*Label types.* Except as indicated in paragraph (d)(3) of this section, the labels must be affixed to the product in the form of an adhesive label or a hang tag as follows:

(3)*Package labels for certain products.* Labels for electric instantaneous water heaters shall be printed on or affixed to the product's packaging in a conspicuous location. Labels for room air conditioners produced on or after October 1, 2019 shall be printed on or affixed to the principal display panel of the product's packaging.

(f)* * *

(9)* * *

(x)For clothes washers covered by appendices F1 and F2 of this part, the statement will read as follows (fill in the blanks with the appropriate capacity and energy cost figures): Your costs will depend on your utility rates and use. Cost range based only on [compact/standard] capacity models. Estimated energy cost is based on six wash loads a week and a national average electricity cost of __ cents per kWh and natural gas cost of $ __ per therm. *ftc.gov/energy.*

(10)The following statement shall appear on each label as illustrated in the prototype and sample labels in appendix L of this part: Federal law prohibits removal of this label before consumer purchase.

(11)No marks or information other than that specified in this part shall appear on or directly adjoining this label except that:

(i)A part or publication number identification may be included on this label, as desired by the manufacturer. If a manufacturer elects to use a part or publication number, it must appear in the lower right-hand corner of the label and be set in 6-point type or smaller.

(ii)The energy use disclosure labels required by the governments of Canada or Mexico may appear directly adjoining this label, as desired by the manufacturer.

(iii)The manufacturer or private labeler may include the ENERGY STAR logo on the bottom right corner of the label for certified products. The logo must be 1 inch by 1 inch in size. Only manufacturers that have signed a Memorandum of Understanding with the Department of Energy or the Environmental Protection Agency may add the ENERGY STAR logo to labels on certified covered products; such manufacturers may add the ENERGY STAR logo to labels only on those covered products that are contemplated by the Memorandum of Understanding. 8. In § 305.12, revise paragraphs (g)(12)(ii), (g)(13)(ii), (g)(14) introductory text, and (g)(14)(ii) to read as follows: § 305.12 Labeling for central air conditioners, heat pumps, and furnaces.

(g)* * *

(12)* * *

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

(13)* * *

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

(14)For any single-package air conditioner with a minimum EER below 11.0, the label must contain the following regional standards information:

(ii)A map appropriate for the model and accompanying text as illustrated in the sample label 7 in appendix L of this part. § 305.16 [Amended] 9. Amend § 305.16 by removing paragraph (a)(5). 10. Appendix C1 to part 305 is revised to read as follows: Appendix C1 to Part 305—Compact Dishwashers Range Information “Compact” includes countertop dishwasher models with a capacity of fewer than eight

(8)place settings. Place settings shall be in accordance with appendix C to 10 CFR part 430, subpart B. Load patterns shall conform to the operating normal for the model being tested. Capacity Range of estimated annual energy costs (dollars/year) Low High Compact $17 $27 11. Appendix C2 to part 305 is revised to read as follows: Appendix C2 to Part 305—Standard Dishwashers Range Information “Standard” includes dishwasher models with a capacity of eight

(8)or more place settings. Place settings shall be in accordance with appendix C to 10 CFR part 430, subpart B. Load patterns shall conform to the operating normal for the model being tested. Capacity Range of estimated annual energy costs (dollars/year) Low High Standard $26 $40 12. Appendix E to part 305 is revised to read as follows: Appendix E to Part 305—Room Air Conditioners Range Information Manufacturer's rated cooling capacity in Btu's/hr Range of estimated annual energy costs (dollars/year) Low High Without Reverse Cycle and with Louvered Sides: Less than 6,000 Btu $40 $53 6,000 to 7,999 Btu 48 72 8,000 to 13,999 Btu 65 127 14,000 to 19,999 Btu 115 182 20,000 and more Btu 189 386 Without Reverse Cycle and without Louvered Sides: Less than 6,000 Btu (*) (*) 6,000 to 7,999 Btu 58 80 8,000 to 13,999 Btu 69 147 14,000 to 19,999 Btu 117 158 20,000 and more Btu (*) (*) With Reverse Cycle and with Louvered Sides 68 238 With Reverse Cycle, without Louvered Sides (*) (*) * No sufficient data submitted. 13. Revise appendices G1, G2, G3, G4, G5, G6, G7, and G8 to read as follows: Appendix G1 to Part 305—Furnaces—Gas Furnace type Range of annual fuel utilization efficiencies (AFUEs) Low High Non-Weatherized Gas Furnaces—All Capacities 80.0 98.7 Weatherized Gas Furnaces—All Capacities 81.0 95.0 Appendix G2 to Part 305—Furnaces—Electric Furnace type Range of annual fuel utilization efficiencies (AFUEs) Low High Electric Furnaces—All Capacities 100.0 100.0 Appendix G3 to Part 305—Furnaces—Oil Type Range of annual fuel utilization efficiencies (AFUEs) Low High Non-Weatherized Oil Furnaces—All Capacities 83.0 96.7 Weatherized Oil Furnaces—All Capacities 78.0 83.0 Appendix G4 to Part 305—Mobile Home Furnaces—Gas Type Range of annual fuel utilization efficiencies (AFUEs) Low High Mobile Home Gas Furnaces—All Capacities 80.0 97.3 Appendix G5 to Part 305—Mobile Home Furnaces—Oil Type Range of annual fuel utilization efficiencies (AFUEs) Low High Mobile Home Oil Furnaces—All Capacities 80.0 87.0 Appendix G6 to Part 305—Boilers

(Gas)Type Range of annual fuel utilization efficiencies (AFUEs) Low High Gas Boilers (except steam)—All Capacities 82.0 96.8 Gas Boilers (steam)—All Capacities 80.4 83.4 Appendix G7 to Part 305—Boilers

(Oil)Type Range of annual fuel utilization efficiencies (AFUEs) Low High Oil Boilers—All Capacities 82.0 90.0 Appendix G8 to Part 305—Boilers (Electric) Type Range of annual fuel utilization efficiencies (AFUEs) Low High Electric Boilers—All Capacities 100 100 14. Appendices J1 and J2 are revised to read as follows: Appendix J1 to Part 305—Pool Heaters—Gas Range Information Manufacturer's rated heating capacities Range of thermal efficiencies (percent) Natural Gas Low High Propane Low High All capacities 82.0 96.0 82.0 96.0 Appendix J2 to Part 305—Pool Heaters—Oil Range Information Manufacturer's rated heating capacities Range of thermal efficiencies (percent) Low High All capacities (*) (*) * No data submitted. Appendix K to Part 305 [Removed] 15. Appendix K to part 305 is removed. 16. Appendices K1 and K2 are added to read as follows: Appendix K1 to Part 305—Representative Average Unit Energy Costs for Refrigerators, Refrigerator-Freezers, Freezers, Clothes Washers, and Water Heater Labels This Table contains the representative unit energy costs that must be utilized to calculate estimated annual energy cost disclosures required under §§ 305.11 and 305.20 for refrigerators, refrigerator-freezers, freezers, clothes washers, and water heaters. This Table is based on information published by the U.S. Department of Energy in 2013. Type of energy In commonly used terms As required by DOE test procedure Electricity ¢12.00/kWh 2 3 $.1200/kWh. Natural Gas $1.09/therm 4 or $11.12/MCF 5 6 $0.0000109/Btu. No. 2 Heating Oil $3.80/gallon 7 $0.00002740/Btu. Propane $2.41/gallon 8 $0.00002639/Btu. Kerosene $4.21/gallon 9 $0.00003119/Btu. 1 Btu stands for British thermal unit. 2 kWh stands for kiloWatt hour. 3 1 kWh = 3,412 Btu. 4 1 therm = 100,000 Btu. Natural gas prices include taxes. 5 MCF stands for 1,000 cubic feet. 6 For the purposes of this table, 1 cubic foot of natural gas has an energy equivalence of 1,023 Btu. 7 For the purposes of this table, 1 gallon of No. 2 heating oil has an energy equivalence of 138,690 Btu. 8 For the purposes of this table, 1 gallon of liquid propane has an energy equivalence of 91,333 Btu. 9 For the purposes of this table, 1 gallon of kerosene has an energy equivalence of 135,000 Btu. Appendix K2 to Part 305—Representative Average Unit Energy Costs for Dishwasher and Room Air Conditioner Labels This Table contains the representative unit energy costs that must be utilized to calculate estimated annual energy cost disclosures required under §§ 305.11 and 305.20 for dishwashers and room air conditioners. This Table is based on information published by the U.S. Department of Energy in 2017. Type of energy In commonly used terms As required by DOE test procedure Electricity ¢13.00/kWh 2 3 $.1300/kWh. Natural Gas $1.05/therm 4 or $10.86/MCF 5 6 $0.00001052/Btu. No. 2 Heating Oil $2.59/gallon 7 $0.00001883/Btu. Propane $1.53/gallon 8 $0.00001672/Btu. Kerosene $3.01/gallon 9 $0.00002232/Btu. 1 Btu stands for British thermal units. 2 kWh stands for kilowatt hour. 3 kWh = 3,412 Btu. 4 therm = 100,000 Btu. 5 MCF stands for 1,000 cubic feet. 6 For the purposes of this table, one cubic foot of natural gas has an energy equivalence of 1,032 Btu. 7 For the purposes of this table, one gallon of No. 2 heating oil has an energy equivalence of 137,561 Btu. 8 For the purposes of this table, one gallon of liquid propane has an energy equivalence of 91,333 Btu. 9 For the purposes of this table, one gallon of kerosene has an energy equivalence of 135,000 Btu. 17. In appendix L, revise prototype label 2, add sample label 2 in alphanumeric order, revise sample labels 3 and 4, add sample label 6 in alphanumeric order, and revise sample labels 9 and 9A to read as follows: BILLING CODE 6750-01-P ER22FE18.001 ER22FE18.002 ER22FE18.003 ER22FE18.004 ER22FE18.005 ER22FE18.006 ER22FE18.007 By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2018-03665 Filed 2-21-18; 8:45 am]

Connectionstraces to 6

Traces to 6 documents

U.S. Code

CFR

6 references not yet in our index