[Code of Federal Regulations] [Title 16, Volume 1] [Revised as of January 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 16CFR305.2] [Page 245-247] TITLE 16--COMMERCIAL PRACTICES CHAPTER I--FEDERAL TRADE COMMISSION PART 305_RULE CONCERNING DISCLOSURES REGARDING ENERGY CONSUMPTION Sec. 305.2 Definitions. (a) Act means the Energy Policy and Conservation Act (Pub. L. 94- 163), and amendments thereto. (b) Commission means the Federal Trade Commission. (c) Manufacturer means any person who manufactures, produces, assembles, or imports a consumer appliance product. Assembly operations which are solely decorative are not included. (d) Retailer means a person to whom a consumer appliance product is delivered or sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers who buy such product for purposes other than resale. The term retailer includes purchasers of appliances who install such appliances in newly constructed or newly rehabilitated housing, or mobile homes, with the intent to sell the covered appliances as part of the sale of such housing or mobile homes. (e) Distributor means a person (other than a manufacturer or retailer) to whom a consumer appliance product is delivered or sold for purposes of distribution in commerce. (f) Private labeler means an owner of a brand or trademark on the label of a consumer appliance product which bears a private label. (g) Range of comparability means a group of models within a class of covered products, each model of which satisfies approximately the same consumer needs. (h) Estimated annual 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). (i) Kilowatt-hour use per year, or kWh/yr., means estimated annual energy consumption expressed in kilowatt-hours of electricity. (ii) Therm use per year, or therms/yr., means estimated annual energy consumption expressed in therms of natural gas. (iii) Gallon use per year, or gallons/yr., means estimated annual energy consumption expressed in gallons of propane or No. 2 heating oil. (2) Estimated annual operating cost means the aggregate retail cost of the energy 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). (i) Energy efficiency rating means the following product-specific energy usage descriptors: annual fuel utilization efficiency (AFUE) for furnaces; energy efficiency ratio (EER) for room air conditioners; seasonal energy efficiency ratio (SEER) for the cooling function of central air conditioners and heat pumps; heating seasonal performance factor (HSPF) for the heating function of heat pumps; and, thermal efficiency (TE) for pool heaters, as these descriptors are determined in accordance with tests prescribed under section 323 of the Act (42 U.S.C. 6293). These product-specific energy usage descriptors shall be used in satisfying all the requirements of this part. (j) Range of estimated annual energy consumption means the range of estimated annual energy consumption per year of all models within a designated range of comparability. (k) Range of energy efficiency ratings means the range of energy efficiency ratings for all models within a designated range of comparability. [[Page 246]] (l) New covered product, as used in Sec. 305.4, means a covered product the title of which has not passed to a purchaser who buys the product for purposes other than resale or leasing for a period in excess of one year. (m) Catalog means printed material which contains the terms of sale, retail price, and instructions for ordering, from which a retail consumer can order a covered product. (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 [[Page 247]] 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. [52 FR 46894, Dec. 10, 1987, as amended at 59 FR 34031, July 1, 1994; 59 FR 49563, Sept. 28, 1994; 59 FR 67524, Dec. 29, 1994]