[Federal Register Volume 63, Number 75 (Monday, April 20, 1998)]
[Rules and Regulations]
[Pages 19397-19399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10391]
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FEDERAL TRADE COMMISSION
16 CFR 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'')
AGENCY: Federal Trade Commission.
ACTION: Final rule.
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SUMMARY: The Federal Trade Commission amends its Appliance Labeling
Rule by publishing new ranges of comparability to be used on required
labels for clothes washers.
DATES: Effective: August 12, 1998.
Compliance: Manufacturers of clothes washers must begin using these
revised ranges on labels on clothes washers manufactured on or after
August 12,
[[Page 19398]]
1998. Manufacturers may begin using these revised ranges on labels on
clothes washers manufactured on or after July 1, 1998, in order to
comply with the July 1, 1998 mandatory effective date of recent
amendments to the Department of Energy's (``DOE'') test procedure for
clothes washers, 62 FR 45484 (August 27, 1997).
FOR FURTHER INFORMATION CONTACT:
James Mills, Attorney, Division of Enforcement, Federal Trade
Commission, Washington, DC 20580 (202-326-3035).
SUPPLEMENTARY INFORMATION: The Appliance Labeling Rule (``Rule'') was
issued by the Commission in 1979, 44 FR 66466 (Nov. 19, 1979), in
response to a directive in the Energy Policy and Conservation Act of
1975.\1\ The Rule covers eight categories of major household
appliances. Clothes washers are among those categories. The Rule also
covers pool heaters, 59 FR 49556 (Sept. 28, 1994), and contains
requirements that pertain to fluorescent lamp ballasts, 54 FR 28031
(July 5, 1989), certain plumbing products, 58 FR 54955 (Oct. 25, 1993),
and certain lighting products, 59 FR 25176 (May 13, 1994, eff. May 15,
1995).
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\1\ 42 U.S.C. 6294. The statute also requires DOE to develop
test procedures that measure how much energy the appliances use, and
to determine the representative average cost a consumer pays for the
different types of energy available.
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The Rule requires manufacturers of all covered appliances and pool
heaters to disclose specific energy consumption or efficiency
information (derived from the DOE test procedures) at the point of sale
in the form of an ``EnergyGuide'' label and in catalogs. It also
requires manufacturers of furnaces, central air conditioners, and heat
pumps either to provide fact sheets showing additional cost
information, or to be listed in an industry directory showing the cost
information for their products. The Rule requires that manufacturers
include, on labels and fact sheets, an energy consumption or efficiency
figure and a ``range of comparability.'' This range shows the highest
and lowest energy consumption or efficiencies for all comparable
appliance models so consumers can compare the energy consumption or
efficiency of other models (perhaps competing brands) similar to the
labeled model. The Rule requires that manufacturers also include, on
labels for some products, a secondary energy usage disclosure in the
form of an estimated annual operating cost based on a specified DOE
national average cost for the fuel the appliance uses.
Section 305.8(b) of the Rule requires manufacturers, after filing
an initial report, to report certain information annually to the
Commission by specified dates for each product type.\2\ These reports,
which are to assist the Commission in preparing the ranges of
comparability, contain the estimated annual energy consumption or
energy efficiency ratings for the appliances derived from tests
performed pursuant to the DOE test procedures. Because manufacturers
regularly add new models to their lines, improve existing models, and
drop others, the data base from which the ranges of comparability are
calculated is constantly changing. To keep the required information
consistent with these changes, under Section 305.10 of the Rule, the
Commission will publish new ranges (but not more often than annually)
if an analysis of the new information indicates that the upper or lower
limits of the ranges have changed by more than 15%. Otherwise, the
Commission will publish a statement that the prior ranges remain in
effect for the next year.
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\2\ Reports for clothes washers are due March 1.
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On August 27, 1997, DOE revised its test procedure for the clothes
washer category. 62 FR 45,484. Manufacturers of clothes washers have
made the required annual submissions of data for this product category,
and the data are based on the revised version of the test, which will
become effective July 1, 1998. In analyzing the date, the Commission
has found that a significant number of the upper and lower limits of
the ranges have changed by more than 15%. Accordingly, the Commission
is publishing new ranges of comparability for the clothes washer
category. These ranges will supersede the current ranges for clothes
washers, which were published originally on May 14, 1997 (62 FR
26,383), and later corrected on August 6, 1997 (62 FR 42,209), and
which became effective August 12, 1997.
Section 326(c) of EPCA, 42 U.S.C. 6296, states that the Commission
may not require labels to be changed to reflect revisions to the ranges
of comparability more often than annually. Thus, the effective date of
today's revision to the ranges of comparability for clothes washers is
August 12, 1998, one day beyond a year from the effective date of the
previous ranges. The Commission notes, however, that manufacturers of
clothes washers may begin using these revised ranges on labels on
clothes washers manufactured on or after July 1, 1998, in order to
comply with the mandatory effective date of the amended DOE test
procedure for those products.
In consideration of the foregoing, the Commission revises Appendix
F of its Appliance Labeling Rule by publishing the following ranges of
comparability for use in required disclosures (including labeling) for
clothes washers manufactured on or after August 12, 1998. In addition,
as of this effective date, manufacturers must base the disclosures of
estimated annual operating cost required at the bottom of the
EnergyGuide for clothes washers on the 1998 Representative Average Unit
Costs of Energy for electricity (8.42 cents per kiloWatt-hour) and
natural gas (61.9 cents per therm) that were published by DOE on
December 8, 1997, 62 FR 64,574, and by the Commission on December 29,
1997, 62 FR 67,560. On July 1, 1998, manufacturers may voluntarily
begin basing the disclosures of estimated annual operating cost
required at the bottom of the EnergyGuide for clothes washers on the
1998 Representative Average Unit Costs of Energy for electricity and
natural gas.
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 Appliance Labeling Rule.
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 announced today
will not have a significant economic impact on a substantial number of
small entities.
Paperwork Reduction Act
The Paperwork Reduction Act (``PRA''), 44 U.S.C. 3501 et seq.,
requires government agencies, before promulgating rules or other
regulations that require ``collections of information'' i.e.,
recordkeeping, reporting, or third-party disclosure requirements), to
obtain approval from the Office of Management and Budget (``OMB''), 44
U.S.C. 3502. The Commission currently has OMB clearance for the Rule's
information collection requirements (OMB No. 3084-0069). The amendment
will not impose any new information collection requirements. Instead,
it will provide manufacturers with revised ranges of comparability to
use the EnergyGuide labels already required by the Rule.
[[Page 19399]]
List of Subjects in 16 CFR Part 305
Advertising, Energy conservation, Household appliances, Labeling,
Reporting and recordkeeping requirements.
Accordingly, 16 CFR Part 305 is amended as follows:
PART 305--[AMENDED]
1. The authority citation for Part 305 continues to read as
follows:
Authority: 42 U.S.C. 6294.
2. Appendix F to Part 305 is revised to read as follows:
Appendix F to Part 305--Clothes Washers
Range Information:
``Compact'' includes all household clothes washers with a tub
capacity of less than 1.6 cu. ft. or 13 gallons of water.
``Standard'' includes all household clothes washers with a tub
capacity of 1.6 cu. ft. or 13 gallons of water or more.
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Range of estimated annual
energy consumption (kWh/yr.)
Capacity -------------------------------
Low High
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Compact:
Top Loading......................... 592 607
Front Loading....................... (*) (*)
Standard:
Top Loading......................... 294 1231
Front Loading....................... 241 318
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(*) No data submitted.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 98-10391 Filed 4-17-98; 8:45 am]
BILLING CODE 6750-01-M
