305.10—Ranges of comparability on the required labels.
(a) Range of estimated annual operating costs or energy efficiency ratings.
The range of estimated annual operating costs or energy efficiency ratings for each covered product (except fluorescent lamp ballasts, metal halide lamp fixtures, lamps, showerheads, faucets, water closets, urinals, or ceiling fans) 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 every five years beginning in 2012 in the Federal Register. 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 appendix K to this part. The Commission shall publish revised Representative Average Unit Energy Cost figures every five years beginning in 2012 in the Federal Register. 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) Operating Costs or Efficiency Ratings Outside Current Range.
When the estimated annual operating cost or energy efficiency rating of a given model of a covered product falls outside the limits of the current range for that product, which could result from the introduction of a new or changed model, the manufacturer shall:
(1)
Omit placement of such product on the scale that appears as required by §§ 305.11 and 305.12 of this part, and
(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 operating 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.