Rule Concerning Disclosures Regarding Energy Consumption and Water Use of Certain Home Appliances and Other Products Required Under the Energy Policy and Conservation Act (``Appliance Labeling Rule'')

SUMMARY: The Federal Trade Commission (``Commission'') issues minor,

non-substantive amendments to the Appliance Labeling Rule (``Rule'') to

resolve certain inconsistencies in paragraph numbering and language

that have arisen during the course of four recent proceedings amending

the Rule. The ``Text of Amendments'' section of this notice supersedes

the ``Text of Amendments'' section (except for the Illustrations, which

remain the same) of the notice announcing amendments to the Rule to

include certain lamp products published on May 13, 1994, at 59 FR

25176, 25206-12 (effective May 15, 1995).

EFFECTIVE DATE: May 15, 1995.

FOR FURTHER INFORMATION CONTACT: James Mills, Attorney, Division of

Enforcement, Federal Trade Commission, Washington, D.C. 20580 (202-326-

3035).

SUPPLEMENTARY INFORMATION: On October 25, 1993, the Commission

published amendments to the Rule to include certain plumbing

products.\1\ The amendments became effective October 25, 1994. On May

13, 1994, the Commission published amendments to bring certain lamp

products under the Rule's coverage.\2\ These amendments will become

effective on May 15, 1995. The Commission initiated both of these

proceedings in response to a directive in the Energy Policy Act of 1992

(``EPA 92'').\3\

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\1\``Plumbing Products Amendments,'' 58 FR 54955.

\2\``Lamp Products Amendments,'' 59 FR 25176.

\3\Pub. L. No. 102-486, 106 Stat. 2776, 2817-2832 (Oct. 24,

1992) (codified in 42 U.S.C. 6201, 6291-6309).

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On July 1, 1994, the Commission published comprehensive amendments

to the Rule to improve the Rule's required disclosures in light of the

experience the Commission has gained since the Rule became effective in

1980.\4\ The effective date of the Comprehensive Amendments is December

28, 1994. The Commission undertook the Comprehensive Amendment

Rulemaking in accordance with its authority to promulgate the Rule in

section 324 of the Energy Policy and Conservation Act (``EPCA'').\5\

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\4\``Comprehensive Amendments,'' 59 FR 34014. The Rule was

originally published at 44 FR 66466 (November 19, 1979, effective

May 19, 1980).

\5\42 U.S.C. 6291, 6294.

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On September 28, 1994, the Commission published amendments to

expand the Rule's coverage to include pool heaters, instantaneous water

heaters, and heat pump water heaters.\6\ The effective date of these

amendments is December 29, 1994. The Pool Heater Amendments were

published because the National Appliance Energy Conservation Act

(``NAECA 87'')\7\ amended EPCA by, among other things, adding pool

heaters to the list of appliances for which the Department of Energy

(``DOE'') must establish minimum efficiency standards and testing

procedures. EPCA requires the Commission to consider labeling

requirements for any covered products for which DOE has prescribed a

final test procedure.\8\

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\6\``Pool Heater Amendments,'' 59 FR 49556.

\7\Pub. L. 100-12, 101 Stat. 103 (1987).

\8\42 U.S.C. 6294(b)(1)(B).

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EPA 92 directed the Commission to prescribe, within 18 months of

the statute's enactment (October 25, 1992), labeling requirements for

lamp products to become effective one year after their prescription. To

meet this deadline, the Commission found it necessary to publish the

Lamp Products Amendments before publishing the Comprehensive Amendments

and the Pool Heater Amendments. At the time the Commission issued the

Lamp Products Amendments to the Rule on April 25, 1994, and published

them in the Federal Register on May 13, 1994, to become effective

Monday, May 15, 1995,\9\ the Commission had not promulgated the final

texts of either the Comprehensive Amendments or the Pool Heater

Amendments. This timing problem has resulted in certain technical

inconsistencies between these sets of amendments. Today's amendments

will correct this situation by re-publishing the Lamp Products

Amendments in language consistent with that of the Comprehensive and

Pool Heater Amendments.

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\9\See note 2, above.

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Today's amendments are for language and format purposes only, and

are not substantive.

Text of Amendments

For the reasons set out in the preamble, the amendments to 16 CFR

part 305 made by the final rule published on May 13, 1994 (59 FR

25176), in amendatory instructions 2. through 11. (59 FR 25206-25212)

are withdrawn, the amendments in amendatory instruction 12. to appendix

K of part 305 (59 FR 25212-25218) remain, and 16 CFR part 305 is

amended as follows:

PART 305--RULE CONCERNING DISCLOSURES REGARDING ENERGY CONSUMPTION

AND WATER USE OF CERTAIN HOME APPLIANCES AND OTHER PRODUCTS

REQUIRED UNDER THE ENERGY POLICY AND CONSERVATION ACT (``APPLIANCE

LABELING RULE'')

1. The authority citation for part 305 continues to read as

follows:

Authority: 42 U.S.C. 6294.

2. Section 305.2 is amended by revising the introductory text of

paragraph (h)(1) and paragraphs (n) through (v) and by adding

paragraphs (w) through (hh) to read as follows:

Sec. 305.2 Definitions.

* * * * *

(h) Estimated annual energy consumption and estimated annual

operating cost. (1) Estimated annual energy consumption means the

energy or (for products described in sections 305.3(n)-(q)) water that

is likely to be consumed annually in representative use of a consumer

product, as determined in accordance with tests prescribed under

section 323 of the Act (42 U.S.C. 6293).

* * * * *

(n) Consumer product means any article (other than an automobile,

as ``automobile'' is defined in 15 U.S.C. 2001(1) [sec. 501(1) of the

Motor Vehicle Information and Cost Savings Act]) of a type--

(1) which in operation consumes, or is designed to consume, energy

or, with respect to showerheads, faucets, water closets, and urinals,

water; and

(2) which, to any significant extent, is distributed in commerce

for personal use or consumption by individuals;

without regard to whether such article or such type is in fact

distributed in commerce for personal use or consumption by an

individual, except that such term includes fluorescent lamp ballasts,

general service fluorescent lamps, medium base compact fluorescent

lamps, general service incandescent lamps (including incandescent

reflector lamps), showerheads, faucets, water closets, and urinals

distributed in commerce for personal or commercial use or consumption.

(o) Consumer appliance product means any of the following consumer

products, excluding those products designed solely for use in

recreational vehicles and other mobile equipment:

(1) Refrigerators, refrigerator-freezers, and freezers which can be

operated by alternating current electricity, excluding--

(i) any type designed to be used without doors; and

(ii) any type which does not include a compressor and condenser

unit as an integral part of the cabinet assembly.

(2) Dishwashers.

(3) Water heaters.

(4) Room air conditioners.

(5) Clothes washers.

(6) Clothes dryers.

(7) Central air conditioners and central air conditioning heat

pumps.

(8) Furnaces.

(9) Direct heating equipment.

(10) Pool heaters.

(11) Kitchen ranges and ovens.

(12) Television sets.

(13) Fluorescent lamp ballasts.

(14) General service fluorescent lamps.

(15) Medium base compact fluorescent lamps.

(16) General service incandescent lamps, including incandescent

reflector lamps.

(17) Showerheads.

(18) Faucets.

(19) Water closets.

(20) Urinals.

(21) Any other type of consumer product which the Department of

Energy classifies as a covered product under section 322(b) of the Act

(42 U.S.C. 6292).

(p) Covered product means any consumer product or consumer

appliance product described in Sec. 305.3 of this part.

(q) Luminaire means a complete lighting unit consisting of a

fluorescent lamp or lamps, together with parts designed to distribute

the light, to position and protect such lamps, and to connect such

lamps to the power supply through the ballast.

(r) Ballast efficacy factor means the relative light output divided

by the power input of a fluorescent lamp ballast, as measured under

test conditions specified in American National Standards Institute

(``ANSI'') standard C82.2-1984, or as may be prescribed by the

Secretary of Energy. Copies of ANSI standard C82.2-1984 may be obtained

from the American National Standards Institute, 11 West 42nd St., New

York, NY 10036.

(s) Bulb shape means the shape of the lamp, especially the glass

portion.

(t) Base for lamps means the portion of the lamp which screws into

the socket.

(u) Color rendering index or CRI for lamps means the measure of the

degree of color shift objects undergo when illuminated by a light

source as compared with the color of those same objects when

illuminated by a reference source of comparable color temperature.

(v) Correlated color temperature for lamps means the absolute

temperature of a blackbody whose chromaticity most nearly resembles

that of the light source.

(w) Lamp type means all lamps designated as having the same

electrical and lighting characteristics and made by one manufacturer.

(x) Wattage for lamps means the total electrical power consumed by

a lamp in watts, after an initial seasoning period and including, for

fluorescent lamps, arc watts plus cathode watts.

(y) Light output for lamps means the total luminous flux (power) of

a lamp in lumens.

(z) Life and lifetime for lamps mean length of operating time of a

statistically large group of lamps between first use and failure of 50

percent of the group.

(aa) Lamp efficacy means the light output of a lamp divided by its

wattage, expressed in lumens per watt (LPW).

(bb) Average lamp efficacy means the lamp efficacy readings taken

over a statistically significant period of manufacture with the

readings averaged over that period.

(cc) IES means the Illuminating Engineering Society of North

America and, as used herein, is the prefix for test procedures adopted

by IES.

(dd) ASME means the American Society of Mechanical Engineers and,

as used herein, is the prefix for national standards and codes adopted

by ASME.

(ee) ANSI means the American National Standards Institute and, as

used herein, is the prefix for national standards and codes adopted by

ANSI.

(ff) Water use means the quantity of water flowing through a

showerhead, faucet, water closet, or urinal at point of use, determined

in accordance with test procedures under section 323 of the Act, 42

U.S.C. 6293.

(gg) Flushometer valve means a valve attached to a pressured water

supply pipe and so designed that, when actuated, it opens the line for

direct flow into the fixture at a rate and quantity to operate properly

the fixture, and then gradually closes to provide trap reseal in the

fixture in order to avoid water hammer. The pipe to which this device

is connected is in itself of sufficient size that, when opened, will

allow the device to deliver water at a sufficient rate of flow for

flushing purposes.

(hh) Flow restricting or controlling spout end device means an

aerator used in a faucet.

3. Section 305.3 is amended by revising the heading and paragraphs

(k) through (o), and by adding paragraphs (p) through (r) to read as

follows:

Sec. 305.3 Description of covered products.

* * * * *

(k) Fluorescent lamp:

(1) means a low pressure mercury electric-discharge source in which

a fluorescing coating transforms some of the ultra-violet energy

generated by the mercury discharge into light, including only the

following:

(i) Any straight-shaped lamp (commonly referred to as 4-foot medium

bi-pin lamps) with medium bi-pin bases of nominal overall length of 48

inches and rated wattage of 28 or more;

(ii) Any U-shaped lamp (commonly referred to as 2-foot U-shaped

lamps) with medium bi-pin bases of nominal overall length between 22

and 25 inches and rated wattage of 28 or more;

(iii) Any rapid start lamp (commonly referred to as 8-foot high

output lamps) with recessed double contact bases of nominal overall

length of 96 inches and 0.800 nominal amperes, as defined in ANSI

C78.1-1978 and related supplements (copies of ANSI C78.1-1978 and

related supplements may be obtained from the American National

Standards Institute, 11 West 42nd St., New York, NY 10036); and

(iv) Any instant start lamp (commonly referred to as 8-foot

slimline lamps) with single pin bases of nominal overall length of 96

inches and rated wattage of 52 or more, as defined in ANSI C78.3-1978

(R1984) and related supplement ANSI C78.3a-1985 (copies of ANSI C78.3-

1978 (R1984) and related supplement ANSI C78.3a-1985 may be obtained

from the American National Standards Institute, 11 West 42nd St., New

York, NY 10036); but

(2) Fluorescent lamp does not mean any lamp excluded by the

Department of Energy, by rule, as a result of a determination that

standards for such lamp would not result in significant energy savings

because such lamp is designed for special applications or has special

characteristics not available in reasonably substitutable lamp types;

and

(3) General service fluorescent lamp means a fluorescent lamp which

can be used to satisfy the majority of fluorescent applications, but

does not mean any lamp designed and marketed for the following

nongeneral lighting applications:

(i) Fluorescent lamps designed to promote plant growth;

(ii) Fluorescent lamps specifically designed for cold temperature

installations;

(iii) Colored fluorescent lamps;

(iv) Impact-resistant fluorescent lamps;

(v) Reflectorized or aperture lamps;

(vi) Fluorescent lamps designed for use in reprographic equipment;

(vii) Lamps primarily designed to produce radiation in the ultra-

violet region of the spectrum; and

(viii) Lamps with a color rendering index of 82 or greater.

(l) Medium base compact fluorescent lamp means an integrally

ballasted fluorescent lamp with a medium screw base and a rated input

voltage of 115 to 130 volts and which is designed as a direct

replacement for a general service incandescent lamp.

(m) Incandescent lamp:

(1) means a lamp in which light is produced by a filament heated to

incandescence by an electric current, including only the following:

(i) Any lamp (commonly referred to as lower wattage nonreflector

general service lamps, including any tungsten-halogen lamp) that has a

rated wattage between 30 and 199 watts, has an E26 medium screw base,

has a rated voltage or voltage range that lies at least partially

within 115 and 130 volts, and is not a reflector lamp;

(ii) Any lamp (commonly referred to as a reflector lamp) which is

not colored or designed for rough or vibration service applications,

that contains an inner reflective coating on the outer bulb to direct

the light, an R, PAR, or similar bulb shapes (excluding ER or BR) with

E26 medium screw bases, a rated voltage or voltage range that lies at

least partially within 115 and 130 volts, a diameter which exceeds 2.75

inches, and is either--

(A) a low(er) wattage reflector lamp which has a rated wattage

between 40 and 205 watts; or

(B) a high(er) wattage reflector lamp which has a rated wattage

above 205 watts;

(iii) Any general service incandescent lamp (commonly referred to

as a high- or higher-wattage lamp) that has a rated wattage above 199

watts (above 205 watts for a high wattage reflector lamp); but

(2) Incandescent lamp does not mean any lamp excluded by the

Secretary of Energy, by rule, as a result of a determination that

standards for such lamp would not result in significant energy savings

because such lamp is designed for special applications or has special

characteristics not available in reasonably substitutable lamp types;

and

(3) General service incandescent lamp means any incandescent lamp

(other than a miniature or photographic lamp), including an

incandescent reflector lamp, that has an E26 medium screw base, a rated

voltage range at least partially within 115 and 130 volts, and which

can be used to satisfy the majority of lighting applications, but does

not include any lamp specifically designed for:

(i) traffic signal, or street lighting service;

(ii) airway, airport, aircraft, or other aviation service;

(iii) marine or marine signal service;

(iv) photo, projection, sound reproduction, or film viewer service;

(v) stage, studio, or television service;

(vi) mill, saw mill, or other industrial process service;

(vii) mine service;

(viii) headlight, locomotive, street railway, or other

transportation service;

(ix) heating service;

(x) code beacon, marine signal, lighthouse, reprographic, or other

communication service;

(xi) medical or dental service;

(xii) microscope, map, microfilm, or other specialized equipment

service;

(xiii) swimming pool or other underwater service;

(xiv) decorative or showcase service;

(xv) producing colored light;

(xvi) shatter resistance which has an external protective coating;

or

(xvii) appliance service; and

(4) Incandescent reflector lamp means a lamp described in paragraph

(m)(1)(ii) of this section; and

(5) Tungsten-halogen lamp means a gas-filled tungsten filament

incandescent lamp containing a certain proportion of halogens in an

inert gas.

(n) Showerhead means any showerhead (including a handheld

showerhead), except a safety shower showerhead.

(o) Faucet means a lavatory faucet, kitchen faucet, metering

faucet, or replacement aerator for a lavatory or kitchen faucet.

(p) Water closet means a plumbing fixture having a water-containing

receptor which receives liquid and solid body waste and, upon

actuation, conveys the waste through an exposed integral trap seal into

a gravity drainage system, except such term does not include fixtures

designed for installation in prisons.

(q) Urinal means a plumbing fixture which receives only liquid body

waste and, on demand, conveys the waste through a trap seal into a

gravity drainage system, except such term does not include fixtures

designed for installation in prisons.

(r) Pool heater means an appliance designed for heating nonpotable

water contained at atmospheric pressure, including heating water in

swimming pools, spas, hot tubs and similar applications. The

requirements of this Part are limited to those pool heaters for which

the Department of Energy has adopted and published test procedures for

measuring energy usage (see 10 CFR part 430, subpart B, appendix P).

4. Section 305.4 is amended by revising paragraphs (e)(2) and

(e)(3) to read as follows:

Sec. 305.4 Prohibited acts.

* * * * *

(e) * * *

(2) Any covered product, other than central air conditioners, pulse

combustion and condensing furnaces, fluorescent lamp ballasts,

showerheads, faucets, water closets, urinals, pool heaters,

instantaneous water heaters, heat pump water heaters, general service

fluorescent lamps, medium base compact fluorescent lamps, and general

service incandescent lamps (including incandescent reflector lamps), if

the manufacture of the product was completed prior to May 19, 1980. Any

central air conditioner or any pulse combustion or condensing furnace

if its manufacture was completed prior to June 7, 1988. Any fluorescent

lamp ballast if its manufacture was completed prior to January 1, 1990.

Any showerhead, faucet, water closet or urinal if its manufacture was

completed prior to October 24, 1994. Any pool heater, instantaneous

water heater, or heat pump water heater if its manufacture was

completed prior to December 29, 1994. Any general service fluorescent

lamp, medium base compact fluorescent lamp, or general service

incandescent lamp (including any incandescent reflector lamp), if its

manufacture was completed prior to May 15, 1995.

(3) Any catalog or point-of-sale printed material pertaining to any

covered products that were manufactured prior to May 19, 1980; any

catalog or point-of-sale printed material pertaining to any central air

conditioners or pulse combustion or condensing furnaces manufactured

prior to June 7, 1988; any catalog or point-of-sale printed material

pertaining to any fluorescent lamp ballasts manufactured prior to June

23, 1989; any catalog or point-of-sale printed material pertaining to

any showerheads, faucets, water closets or urinals manufactured prior

to October 24, 1994; any catalog or point-of-sale printed material

pertaining to any pool heaters, instantaneous water heaters, or heat

pump water heaters manufactured prior to December 29, 1994; or any

catalog or point-of-sale printed material pertaining to general service

fluorescent lamps, medium base compact fluorescent lamps, or general

service incandescent lamps (including incandescent reflector lamps),

that were manufactured prior to May 15, 1995; except that any

representations respecting the energy consumption, energy efficiency,

or water use of any covered product or other consumer appliance

product, or respecting the cost of energy consumed or water used by

such product, are subject to the requirements of paragraph (d) of this

section.

* * * * *

5. Section 305.5 is amended by revising paragraph (b) and by adding

paragraph (c) to read as follows:

Sec. 305.5 Determinations of estimated annual energy consumption,

estimated annual operating cost, and energy efficiency rating, and of

water use rate.

* * * * *

(b) Manufacturers and private labelers of any covered product that

is a general service fluorescent lamp, medium base compact fluorescent

lamp, or general service incandescent lamp (including an incandescent

reflector lamp), must, for any representation of the design voltage,

wattage, light output or life of such lamp or for any representation

made by the encircled ``E'' that such a lamp is in compliance with an

applicable standard established by section 325 of the Act, possess and

rely upon a reasonable basis consisting of competent and reliable

scientific tests substantiating the representation. For representations

of the light output and life ratings of any covered product that is a

medium base compact fluorescent lamp or incandescent lamp (including an

incandescent reflector lamp), the Commission will accept as a

reasonable basis competent and reliable scientific tests conducted

according to the following applicable IES test protocols that

substantiate the representations:

For measuring light output (in lumens):

General Service Fluorescent............................ IES LM 9

Compact Fluorescent.................................... IES LM 66

General Service Incandescent

(Other than Reflector Lamps)......................... IES LM 45

General Service Incandescent

(Reflector Lamps).................................... IES LM 20

For measuring laboratory life (in hours):

General Service Fluorescent............................ IES LM 40

Compact Fluorescent.................................... IES LM 65

General Service Incandescent

(Other than Reflector Lamps)......................... IES LM 49

General Service Incandescent

(Reflector Lamps).................................... IES LM 49

(c) Procedures for determining the water use rates of covered

products are those found in the following standards:

(1) Showerheads and faucets--- ASME A112.18.1M-1989, Plumbing

Fixture Fittings. This incorporation by reference was approved by the

Director of the Federal Register in accordance with 5 U.S.C. 552(a) and

1 CFR Part 51. Copies of ASME A112.18.1M may be obtained from the

American Society of Mechanical Engineers, 345 East 47th Street, New

York, NY 10017, or may be inspected at the Federal Trade Commission,

room 130, 600 Pennsylvania Avenue, N.W., Washington, DC, or at the

Office of the Federal Register, suite 700, 800 North Capitol Street,

N.W., Washington, DC.

(2) Water closets and urinals--ASME A112.19.2M-1990, Vitreous China

Plumbing Fixtures. This incorporation by reference was approved by the

Director of the Federal Register in accordance with 5 U.S.C. 552(a) and

1 CFR Part 51. Copies of ASME A112.19.2M may be obtained from the

American Society of Mechanical Engineers, 345 East 47th Street, New

York, NY 10017, or may be inspected at the Federal Trade Commission,

room 130, 600 Pennsylvania Avenue, N.W., Washington, DC, or at the

Office of the Federal Register, suite 700, 800 North Capitol Street,

N.W., Washington, DC.

6. Section 305.6 is revised to read as follows:

Sec. 305.6 Sampling.

(a) For any covered product (except general service fluorescent

lamps, medium base compact fluorescent lamps, and general service

incandescent lamps, including incandescent reflector lamps), any

representation with respect to or based upon a measure or measures of

energy consumption incorporated into Sec. 305.5 shall be based upon the

sampling procedures set forth in Sec. 430.23 of 10 CFR Part 430,

Subpart B.

(b) For any covered product that is a medium base compact

fluorescent lamp or a general service incandescent lamp (including an

incandescent reflector lamp), any representation of design voltage,

wattage, light output or life and, for any covered product that is a

general service fluorescent lamp or incandescent reflector lamp, any

representation made by the encircled ``E'' that such lamp is in

compliance with an applicable standard established by section 325 of

the Act shall be based upon tests using a competent and reliable

scientific sampling procedure. The Commission will accept ``Military

Standard 105--Sampling Procedures and Tables for Inspection by

Attributes'' as such a sampling procedure.

7. Section 305.8 is amended by revising paragraphs (a) and (b) to

read as follows:

Sec. 305.8 Submission of data.

(a)(1) Each manufacturer of a covered product (except manufacturers

of fluorescent lamp ballasts, showerheads, faucets, water closets,

urinals, general service fluorescent lamps, medium base compact

fluorescent lamps, or general service incandescent lamps including

incandescent reflector lamps) shall submit annually to the Commission a

report listing the estimated annual energy consumption (for

refrigerators, refrigerator-freezers, freezers, clothes washers,

dishwashers and water heaters) or the energy efficiency rating (for

room air conditioners, central air conditioners, heat pumps, furnaces,

and pool heaters) for each basic model in current production,

determined according to Sec. 305.5 and statistically verified according

to Sec. 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 Sec. 305.5, used to

calculate the estimated annual energy consumption or energy efficiency

rating; the number of tests performed; and, its capacity, determined in

accordance with Sec. 305.7. For those models that use more than one

energy source or more than one cycle, each separate amount of energy

consumption or energy cost, measured in accordance with Sec. 305.5,

shall be listed in the report. Appendix K illustrates a suggested

reporting format. Starting serial numbers or other numbers identifying

the date of manufacture of covered products shall be submitted whenever

a new basic model is introduced on the market.

(2) Each manufacturer of a covered fluorescent lamp ballast shall

submit annually to the Commission a report for each basic model of

fluorescent lamp ballast in current production. The report shall

contain the following information:

(i) Name and address of manufacturer;

(ii) All trade names under which the fluorescent lamp ballast is

marketed;

(iii) Model number;

(iv) Starting serial number, date code or other means of

identifying the date of manufacture (date of manufacture information

must be included with only the first submission for each basic model);

(v) Nominal input voltage and frequency;

(vi) Ballast efficacy factor; and

(vii) Type (F40T12, F96T12 or F96T12HO) and number of lamp or lamps

with which the fluorescent lamp ballast is designed to be used.

(3) Each manufacturer of a covered product that is a general

service fluorescent lamp, medium base compact fluorescent lamp, or

general service incandescent lamp (including an incandescent reflector

lamp), shall submit annually to the Commission a report for each lamp

type in current production. The report shall contain the following

information:

(i) Name and address of manufacturer;

(ii) All trade names under which the lamp is marketed;

(iii) Model number;

(iv) Starting serial number, date code or other means of

identifying the date of manufacture (date of manufacture information

must be included with only the first submission for each lamp type);

and

(v) For all covered lamps, the test results for the lamp's wattage

and light output ratings and, in addition, for all covered fluorescent

lamps, the test results for the lamp's color rendering index.

(4) Each manufacturer of a covered showerhead, faucet, water closet

or urinal shall submit annually to the Commission a report for each

basic model of such products in current production. The report shall

contain the following information:

(i) Name and address of manufacturer;

(ii) All trade names under which the product is marketed;

(iii) Model number;

(iv) Starting serial number, date code or other means of

identifying the date of manufacture (date of manufacture information

must be included with only the first submission for each basic model);

(v) The product's water use, expressed in gallons and liters per

flush (gpf/Lpf) or gallons and liters per minute (gpm/Lpm) or per cycle

(gpc/Lpc) as determined in accordance with Sec. 305.5.

(b) All data required by Sec. 305.8(a) except serial numbers shall

be submitted to the Commission annually, on or before the following

dates:

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

Deadline for

Product category data

submission

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

Refrigerators............................................. Aug. 1

Refrigerator-freezers..................................... Aug. 1

Freezers.................................................. Aug. 1

Central air conditioners.................................. July 1

Heat pumps................................................ July 1

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

Water heaters............................................. May 1

Room air conditioners..................................... May 1

Furnaces.................................................. May 1

Pool heaters.............................................. May 1

Clothes washers........................................... Mar. 1

Fluorescent lamp ballasts................................. Mar. 1

Showerheads............................................... Mar. 1

Faucets................................................... Mar. 1

Water closets............................................. Mar. 1

Urinals................................................... Mar. 1

Fluorescent lamps......................................... Mar. 1

[Stayed]

Medium Base Compact Fluorescent Lamps..................... Mar. 1

[Stayed]

Incandescent Lamps, incl. Reflector Lamps................. Mar. 1

[Stayed]

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

All revisions to such data (both additions to and deletions from

the preceding data) shall be submitted to the Commission as part of the

next annual report period.

* * * * *

8. Section 305.11 is amended by revising the heading of paragraph

(a), by revising paragraph (e), and by adding paragraph (f) to read as

follows:

Sec. 305.11 Labeling for covered products.

(a) Labels for covered products other than fluorescent lamp

ballasts, general service fluorescent lamps, medium base compact

fluorescent lamps, general service incandescent lamps (including

incandescent reflector lamps), showerheads, faucets, water closets and

urinals--

(1) * * *

(2) * * *

(3) * * *

(4) * * *

(5) * * *

* * * * *

(e) Lamps--

(1)(i) Any covered product that is a compact fluorescent lamp or

general service incandescent lamp (including an incandescent reflector

lamp) shall be labeled clearly and conspicuously on the product's

principal display panel with the following information:

(A) The number of lamps included in the package, if more than one;

(B) The design voltage of each lamp included in the package, if

other than 120 volts;

(C) The light output of each lamp included in the package,

expressed in average initial lumens;

(D) The electrical power consumed (energy used) by each lamp

included in the package, expressed in average initial wattage;

(E) The life of each lamp included in the package, expressed in

hours.

(ii) The light output, energy usage and life ratings of any covered

product that is a medium base compact fluorescent lamp or general

service incandescent lamp (including an incandescent reflector lamp),

shall appear in that order and with equal clarity and conspicuousness

on the product's principal display panel. The light output, energy

usage and life ratings shall be disclosed in terms of ``lumens,''

``watts'' and ``hours'' respectively, with the lumens, watts and hours

rating numbers each appearing in the same type style and size and with

the words ``lumens,'' ``watts'' and ``hours'' each appearing in the

same type style and size. The words ``light output,'' ``energy used''

and ``life'' shall precede and have the same conspicuousness as both

the rating numbers and the words ``lumens,'' ``watts'' and ``hours,''

except that the letters of the words ``lumens,'' ``watts'' and

``hours'' shall be approximately 50% of the sizes of those used for the

words ``light output,'' ``energy used'' and ``life'' respectively.

(iii) The light output, energy usage and life ratings of any

covered product that is a medium base compact fluorescent lamp or

general service incandescent lamp (including an incandescent reflector

lamp), shall be measured at 120 volts, regardless of the lamp's design

voltage. If a lamp's design voltage is other than 120 volts, the

disclosures of the wattage, light output and life ratings shall in each

instance be followed by the phrase ``at 120 volts.'' Labels for lamps

with design voltages other than 120 volts also may disclose the lamps'

wattage, light output and life at the designed voltage (e.g., ``Light

Output 1710 Lumens at 125 volts'').

(iv) For any covered product that is an incandescent reflector

lamp, the required disclosure of light output shall be given for the

lamp's beam spread and be followed clearly and conspicuously by the

phrase ``at beam spread.''

(v) For any covered product that is a compact fluorescent lamp, the

required light output disclosure shall be measured at a base-up

position; but, if the manufacturer or private labeler has reason to

believe that the light output at a base-down position would be more

than 5% different, the label also shall disclose the light output at

the base-down position or, if no test data for the base-down position

exist, the fact that at a base-down position the light output might be

more than 5% less.

(vi) For any covered product that is a compact fluorescent lamp or

a general service incandescent lamp (including an incandescent

reflector lamp), there shall be clearly and conspicuously disclosed on

the principal display panel the following statement:

To save energy costs, find the bulbs with the light output you

need, then choose the one with the lowest watts.

(vii) For any covered product that is a general service

incandescent lamp and operates with multiple filaments, the principal

display panel shall disclose clearly and conspicuously, in the manner

required by paragraph (e)(1)(i)-(iii) and (vi) of this section, the

lamp's wattage and light output at each of the lamp's levels of light

output and the lamp's life measured on the basis of the filament that

fails first.

(2) Any covered product that is a general service fluorescent lamp

or an incandescent reflector lamp shall be labeled clearly and

conspicuously with a capital letter ``E'' printed within a circle and

followed by an asterisk. The label shall also clearly and conspicuously

disclose, either in close proximity to that asterisk or elsewhere on

the label, the following statement:

*[The encircled ``E''] means this bulb meets Federal minimum

efficiency standards.

If the statement is not disclosed on the principal display panel, the

asterisk shall be followed by the following statement:

*See [Back, Top, Side] panel for details.

(i) For purposes of this section of the Rule, the encircled capital

letter ``E'' shall be clearly and conspicuously disclosed in color-

contrasting ink on the label of any covered product that is a general

service fluorescent lamp and will be deemed ``conspicuous,'' in terms

of size, if it appears in typeface at least as large as either the

manufacturer's name or logo or another logo disclosed on the label,

such as the ``UL'' or ``ETL'' logos, whichever is larger.

(ii) Instead of labeling any covered product that is a general

service fluorescent lamp with the encircled ``E'' and with the

statement described in paragraph (e)(2) of this section of the Rule, a

manufacturer or private labeler who would not otherwise put a label on

such a lamp may meet the disclosure requirements of that paragraph by

permanently marking the lamp clearly and conspicuously with the

encircled ``E.''

(3) Any manufacturer or private labeler who makes any

representation on a label of any covered product that is a general

service fluorescent lamp, medium base compact fluorescent lamp, or

general service incandescent lamp (including an incandescent reflector

lamp), regarding the cost of operation of such lamp shall clearly and

conspicuously disclose in close proximity to such representation the

assumptions upon which it is based, including, e.g., purchase price,

unit cost of electricity, hours of use, patterns of use.

(4) Any cartons in which any covered products that are general

service fluorescent lamps, medium base compact fluorescent lamps, or

general service incandescent lamps (including incandescent reflector

lamps), are shipped within the United States or imported into the

United States shall disclose clearly and conspicuously the following

statement:

These lamps comply with Federal energy efficiency labeling

requirements.

(f) Plumbing Fixtures--(1) Showerheads and Faucets. Showerheads and

faucets shall be marked and labeled as follows:

(i) Each showerhead and flow restricting or controlling spout end

device shall bear a permanent legible marking indicating the flow rate,

expressed in gallons per minute (gpm) or gallons per cycle (gpc), and

the flow rate value shall be the actual flow rate or the maximum flow

rate specified by the standards established in subsection (j) of

section 325 of the Act, 42 U.S.C. 6295(j). Except where impractical due

to the size of the fitting, each flow rate disclosure shall also be

given in liters per minute (Lpm) or liters per cycle (Lpc). For

purposes of this section, the marking indicating the flow rate will be

deemed ``legible,'' in terms of placement, if it is located in close

proximity to the manufacturer's identification marking.

(ii) Each showerhead and faucet shall bear a permanent legible

marking to identify the manufacturer. This marking shall be the trade

name, trademark, or other mark known to identify the manufacturer. Such

marking shall be located where it can be seen after installation.

(iii) Each showerhead and faucet shall be marked ``A112.18.1M'' to

demonstrate compliance with the applicable ASME standard. The marking

shall be by means of either a permanent mark on the product, a label on

the product, or a tag attached to the product.

(iv) The package for each showerhead and faucet shall disclose the

manufacturer's name and the model number.

(v) The package or any label attached to the package for each

showerhead or faucet shall contain at least the following:

``A112.18.1M'' and the flow rate expressed in gallons per minute (gpm)

or gallons per cycle (gpc), and the flow rate value shall be the actual

flow rate or the maximum flow rate specified by the standards

established in subsection (j) of section 325 of the Act, 42 U.S.C.

6295(j). Each flow rate disclosure shall also be given in liters per

minute (Lpm) or liters per cycle (Lpc).

(2) Water Closets and Urinals. Water closets and urinals shall be

marked and labeled as follows:

(i) Each such fixture (and flushometer valve associated with such

fixture) shall bear a permanent legible marking indicating the flow

rate, expressed in gallons per flush (gpf), and the water use value

shall be the actual water use or the maximum water use specified by the

standards established in subsection (k) of section 325 of the Act, 42

U.S.C. 6295(k). Except where impractical due to the size of the

fixture, each flow rate disclosure shall also be given in liters per

flush (Lpf). For purposes of this section, the marking indicating the

flow rate will be deemed ``legible,'' in terms of placement, if it is

located in close proximity to the manufacturer's identification

marking.

(ii) Each water closet (and each component of the water closet if

the fixture is comprised of two or more components) and urinal shall be

marked with the manufacturer's name or trademark or, in the case of

private labeling, the name or registered trademark of the customer for

whom the unit was manufactured. This mark shall be legible, readily

identified, and applied so as to be permanent. The mark shall be

located so as to be visible after the fixture is installed, except for

fixtures built into or for a counter or cabinet.

(iii) Each water closet (and each component of the water closet if

the fixture is comprised of two or more components) and urinal shall be

marked at a location determined by the manufacturer with the

designation ``ASME A112.19.2M'' to signify compliance with the

applicable standard. This mark need not be permanent, but shall be

visible after installation.

(iv) The package, and any labeling attached to the package, for

each water closet and urinal shall disclose the flow rate, expressed in

gallons per flush (gpf), and the water use value shall be the actual

water use or the maximum water use specified by the standards

established in subsection (k) of section 325 of the Act, 42 U.S.C.

6295(k). Each flow rate disclosure shall also be given in liters per

flush (Lpf).

(v) With respect to any gravity tank-type white 2-piece toilet

offered for sale or sold before January 1, 1997, which has a water use

greater than 1.6 gallons per flush (gpf), any printed matter

distributed or displayed in connection with such product (including

packaging and point-of-sale material, catalog material, and print

advertising) shall include, in a conspicuous manner, the words ``For

Commercial Use Only.''

(3) Annual Operating Cost Claims for Covered Plumbing Products.

Until such time as the Commission has prescribed a format and manner of

display for labels conveying estimated annual operating costs of

covered showerheads, faucets, water closets, and urinals or ranges of

estimated annual operating costs for the types or classes of such

plumbing products, the Act prohibits manufacturers from making such

representations on the labels of such covered products. 42 U.S.C.

6294(c)(8). If, before the Commission has prescribed such a format and

manner of display for labels of such products, a manufacturer elects to

provide for any such product a label conveying such a claim, it shall

submit the proposed claim to the Commission so that a format and manner

of display for a label may be prescribed.

9. In Sec. 305.13, paragraphs (a)(1) and (3) are revised and

paragraph (a)(4) is added to read as follows:

Sec. 305.13 Promotional materials displayed or distributed at point of

sale.

(a)(1) Any manufacturer, distributor, retailer or private labeler

who prepares printed material for display or distribution at point of

sale concerning a covered product (except fluorescent lamp ballasts,

general service fluorescent lamps, medium base compact fluorescent

lamps, or general service incandescent lamps including incandescent

reflector lamps, showerheads, faucets, water closets or urinals) shall

clearly and conspicuously include in such printed material the

following required disclosure:

Before purchasing this appliance, read important information

about its estimated annual energy consumption or energy efficiency

rating that is available from your retailer.

* * * * *

(3) Any manufacturer, distributer, retailer, or private labeler who

prepares printed material for display or distribution at point of sale

concerning a covered product that is a general service fluorescent

lamp, medium base compact fluorescent lamp, or general service

incandescent lamp (including an incandescent reflector lamp), and who

makes any representation in such promotional material regarding the

cost of operation of such lamp shall clearly and conspicuously disclose

in close proximity to such representation the assumptions upon which it

is based, including, e.g., purchase price, unit cost of electricity,

hours of use, and patterns of use.

(4) Any manufacturer, distributor, retailer or private labeler who

prepares printed material for display or distribution at point of sale

concerning a covered product that is a showerhead, faucet, water

closet, or urinal shall clearly and conspicuously include in such

printed material the product's water use, expressed in gallons and

liters per minute (gpm/Lpm) or per cycle (gpc/Lpc) or gallons and

liters per flush (gpf/Lpf), as specified in Sec. 305.11(e).

* * * * *

10. Section 305.14 is amended by revising paragraph (a)

introductory text, by revising paragraph (c), and by adding paragraph

(d), to read as follows:

Sec. 305.14 Catalogs.

(a) Any manufacturer, distributor, retailer, or private labeler who

advertises in a catalog a covered product (except fluorescent lamp

ballasts, general service fluorescent lamps, medium base compact

fluorescent lamps, general service incandescent lamps including

incandescent reflector lamps, showerheads, faucets, water closets or

urinals) shall include in such catalog, on each page that lists the

covered product, the following information required to be disclosed on

the label:

* * * * *

(c)(1) Any manufacturer, distributor, retailer, or private labeler

who advertises in a catalog a covered product that is a general service

fluorescent lamp, medium base compact fluorescent lamp, or general

service incandescent lamp (including an incandescent reflector lamp),

shall disclose clearly and conspicuously in such catalog:

(i) On each page listing any covered product that is a compact

fluorescent lamp or a general service incandescent lamp (including an

incandescent reflector lamp), all the information concerning that lamp,

except for the number of units in the package, required by

Sec. 305.11(e)(1) of this part to be disclosed on the lamp's label;

provided, however, that, for a catalog not distributed to consumers for

making purchases for personal use or consumption by individuals, the

disclosures need not comply with the format provisions of Sec. 305.11

(e)(1)(ii) of this part, but must be clear and conspicuous; and

(ii) On each page listing a covered product that is a general

service fluorescent lamp or an incandescent reflector lamp, all the

information required by Sec. 305.11(e)(2) of this part to be disclosed

on the lamp's label according to the following format:

(A) The encircled ``E'' shall appear with each lamp entry; and

(B) The accompanying statement shall appear at least once on the

page.

(2) Any manufacturer, distributor, retailer, or private labeler who

advertises a covered product that is a general service fluorescent

lamp, medium base compact fluorescent lamp, or general service

incandescent lamp (including an incandescent reflector lamp), in a

catalog who makes any representation in such catalog regarding the cost

of operation of such lamp shall clearly and conspicuously disclose in

close proximity to such representation the assumptions upon which it is

based, including, e.g., purchase price, unit cost of electricity, hours

of use, patterns of use.

(d) Any manufacturer, distributor, retailer, or private labeler who

advertises a covered product that is a showerhead, faucet, water closet

or urinal in a catalog, from which it may be purchased, shall include

in such catalog, on each page that lists the covered product, the

product's water use, expressed in gallons and liters per minute (gpm/

Lpm) or per cycle (gpc/Lpc) or gallons and liters per flush (gpf/Lpf)

as specified in Sec. 305.11(e).

11. Section 305.15 is amended by revising paragraph (b) to read as

follows:

Sec. 305.15. Test data records.

* * * * *

(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 water use or energy consumption rate, the energy efficiency

rating, the estimated annual cost of using each basic model, or the

light output, energy usage and life ratings and, for fluorescent lamps,

the color rendering index, for each basic model or lamp type were

derived.

* * * * *

12. Section 305.16 is revised to read as follows:

Sec. 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 consumption, the

estimated annual operating cost, or the energy efficiency rating, or

the light output, energy usage and life ratings or, for general service

fluorescent lamps, the color rendering index, disclosed on the label or

fact sheet or in an industry directory, or, as required in a catalog,

or the representation made by the label that the product is in

compliance with applicable standards in section 325 of the Act, 42

U.S.C. 6295, 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 Sec. 305.15(b) and after

the manufacturer has been afforded the opportunity to reverify test

results from which the estimated annual energy consumption, the

estimated annual operating cost, or the energy efficiency rating for

each basic model was derived, or the light output, energy usage and

life ratings or, for general service fluorescent lamps, the color

rendering index, for each basic model or lamp type 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. The Commission will pay the

charges for testing by designated laboratories.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 94-31910 Filed 12-28-94; 8:45 am]

BILLING CODE 6750-01-P