[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: 16CFR305.5]

[Page 253-254]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
 PART 305_RULE CONCERNING DISCLOSURES REGARDING ENERGY CONSUMPTION 
 
Sec. 305.5  Determinations of estimated annual energy consumption, 

estimated annual operating cost, and energy efficiency rating, and 
of water use rate.

    (a) Procedures for determining the estimated annual energy 
consumption, the estimated annual operating costs, the energy efficiency 
ratings and the efficacy factors of covered products are

[[Page 254]]

those found in 10 CFR part 430, subpart B, in the following sections:
    (1) Refrigerators and refrigerator-freezers Sec. 430.23(a).
    (2) Freezers--Sec. 430.23(b).
    (3) Dishwashers--Sec. 430.23(c).
    (4) Water heaters--Sec. 430.23(e).
    (5) Room air conditioners--Sec. 430.23(f).
    (6) Clothes washers--Sec. 430.23(j).
    (7) Central air conditioners and heat pumps--Sec. 430.23(m).
    (8) Furnaces--Sec. 430.23(n).
    (9) Pool Heaters--Sec. 430.23(p)
    (10) Fluorescent lamp ballasts--Sec. 430.23(q).
    (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 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (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 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.

[58 FR 54964, Oct. 25, 1993, as amended at 59 FR 34033, July 1, 1994; 59 
FR 49564, Sept. 28, 1994; 59 FR 67527, Dec. 29, 1994; 66 FR 27858, May 
21, 2001; 69 FR 18803, Apr. 9, 2004]