94-2823. Rule Concerning Disclosures of Energy Consumption and Water Use Information About Certain Home Appliances and Other Products Required Under the Energy Policy and Conservation Act  

  • [Federal Register Volume 59, Number 26 (Tuesday, February 8, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-2823]
    
    
    [[Page Unknown]]
    
    [Federal Register: February 8, 1994]
    
    
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    FEDERAL TRADE COMMISSION
    
    16 CFR Part 305
    
     
    
    Rule Concerning Disclosures of Energy Consumption and Water Use 
    Information About Certain Home Appliances and Other Products Required 
    Under the Energy Policy and Conservation Act
    
    AGENCY: Federal Trade Commission.
    
    ACTION: Final rule revision.
    
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    SUMMARY: The Federal Trade Commission's Energy and Water Use Rule 
    requires that Table 1, in Sec. 305.9, which sets forth the 
    representative average unit energy costs for five residential energy 
    sources, be revised periodically on the basis of updated information 
    provided by the Department of Energy (``DOE'').
        This document revises the table to incorporate the latest figures 
    for average unit energy costs as published by DOE in the Federal 
    Register on December 29, 1993.\1\
    
        \1\58 FR 68901.
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    DATES: The revisions to Sec. 305.9(a) and Table 1 are effective 
    February 8, 1994. The mandatory dates for using these revised DOE cost 
    figures are detailed in the SUPPLEMENTARY INFORMATION section, below.
    
    FOR FURTHER INFORMATION CONTACT:
    James Mills, Attorney, 202-326-3035, Division of Enforcement, Federal 
    Trade Commission, Washington, DC 20580.
    
    SUPPLEMENTARY INFORMATION: On November 19, 1979, the Federal Trade 
    Commission issued a final rule, then called the Appliance Labeling Rule 
    (44 FR 66466), in response to a directive in section 324 of the Energy 
    Policy and Conservation Act (``EPCA''), 42 U.S.C. 6201.\2\ The rule 
    requires the disclosure of energy efficiency or cost information on 
    labels and in retail sales catalogs for eight categories of appliances, 
    and mandates that these energy costs or energy efficiency ratings be 
    based on standardized test procedures developed by DOE. The cost 
    information obtained by following the test procedures is derived by 
    using the representative average unit energy costs provided by DOE. 
    Table 1 in Sec. 305.9(a) of the rule sets forth the representative 
    average unit energy costs to be used for all requirements of the rule. 
    As stated in Sec. 305.9(b), the Table is intended to be revised 
    periodically on the basis of updated information provided by DOE.
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        \2\Since its promulgation, the rule has been amended three times 
    to include new product categories--central air conditioners (52 FR 
    46888, Dec. 10, 1987), fluorescent lamp ballasts (54 FR 1182, Jan. 
    12, 1989), and certain plumbing products (58 FR 54955, Oct. 25, 
    1993). In accordance with a directive in the Energy Policy Act of 
    1992, Pub. L. 102-486 (October 24, 1992), the Commission imitated a 
    proceeding to amend the rule to include certain lamp products (58 FR 
    60147, Nov. 15, 1993).
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        On December 29, 1993, DOE published the most recent figures for 
    representative average unit energy costs. Accordingly, Table 1 is 
    revised to reflect these latest cost figures as set forth below.
        The dates when use of the figures in revised Table 1 becomes 
    mandatory in calculating cost disclosures for use in reporting, 
    labeling and advertising products covered by the Commission's rule and/
    or EPCA are as follows:
    
    For 1994 Submissions of Data Under Sec. 305.8 of the Commission's 
    Rule
    
        The new cost figures must be used in all 1994 cost submissions. For 
    convenience, the annual dates for data submission are repeated here:
    
    Fluorescent lamp ballasts: March 1
    Clothes washers: March 1
    Water heaters: May 1
    Furnaces: May 1
    Room air conditioners: May 1
    Dishwashers: June 1
    Central air conditioners: July 1
    Heat pumps: July 1
    Refrigerators: August 1
    Refrigerator-freezers: August 1
    Freezers: August 1
    
    For Labeling and Advertising of Products Covered by the Commission's 
    Rule
    
        Using 1994 submissions of estimated annual costs of operation based 
    on the 1994 DOE cost figures, the staff will determine whether to 
    publish new ranges. Any products for which new ranges are published 
    must be labeled with estimated annual cost figures calculated using the 
    1994 DOE cost figures. If such new ranges are published, the effective 
    date for labeling new products will be ninety days after publication of 
    the ranges in the Federal Register. Products that have been labeled 
    prior to the effective date of any range modification need not be 
    relabeled. Advertising for such products will also have to be based on 
    the new costs and ranges beginning ninety days after publication of the 
    new ranges in the Federal Register.
    
    Energy Usage Representations Respecting Products Covered by EPCA but 
    not by the Commission's Rule Manufacturers of products covered by 
    section 323(c) of EPCA, but not by the Energy and Water Use Rule 
    (clothes dryers, television sets, kitchen ranges and ovens, humidifiers 
    and dehumidifiers, pool heaters and space heaters) must use the 1994 
    representative average unit costs for energy in all representations 
    beginning May 9, 1994.
    
    List of Subjects in 16 CFR Part 305
    
        Advertising, Energy conservation, Household appliances, Labeling, 
    Reporting and recordkeeping requirements.
    
    PART 305--[AMENDED]
    
        Accordingly, 16 CFR part 305 is amended as follows:
    
        1. The authority citation for part 305 continues to read as 
    follows:
    
        Authority: 42 U.S.C. 6294.
    
        2. Section 305.9(a) is revised to read as follows:
    
    
    Sec. 305.9  Representative average unit energy costs.
    
        (a) Table 1, below, contains the representative unit energy costs 
    to be utilized for all requirements of this part.
    
         Table 1.--Representative Average Unit Costs of Energy for Five     
                        Residential Energy Sources (1994)                   
    ------------------------------------------------------------------------
                                                                 Dollars per
       Type of energy      In common terms   As required by DOE    million  
                                               test procedure       Btu\1\  
    ------------------------------------------------------------------------
    Electricity........  8.41 cents/kWh\2\,  $0.0841/kWh.......       $24.65
                          \3\.                                              
    Natural Gas........  60.4 cents/therm\4  $0.00000604/Btu...        $6.04
                          \ or.                                             
                         $6.22/MCF\5\,\6\..                                 
    No. 2 heating oil..  $1.054/gallon\7\..  $0.00000760/Btu...        $7.60
    Propane............  $0.983/gallon\8\..  $0.00001076/Btu...       $10.76
    Kerosene...........  $1.133/gallon\9\..  $0.00000839/Btu...        $8.39
    ------------------------------------------------------------------------
    \1\Btu stands for British thermal unit.                                 
    \2\kWh stands for kilowatt hour.                                        
    \3\1kWh=3,412 Btu.                                                      
    \4\1 therm=100,000 Btu. Natural gas prices include taxes.               
    \5\MCF stands for 1,000 cubic feet.                                     
    \6\For the purposes of this table, 1 cubic foot of natural gas has an   
      energy equivalence of 1,030 Btu.                                      
    \7\For the purposes of this table, 1 gallon of No. 2 heating oil has an 
      energy equivalence of 138,690 Btu.                                    
    \8\For the purposes of this table, 1 gallon of liquid propane has an    
      energy equivalence of 91,333 Btu.                                     
    \9\For the purposes of this table, 1 gallon of kerosene has an energy   
      equivalence of 135,000 Btu.                                           
    
    * * * * *
    Donald S. Clark,
    Secretary.
    [FR Doc. 94-2823 Filed 2-7-94; 8:45 am]
    BILLING CODE 6750-01-M
    
    
    

Document Information

Effective Date:
2/8/1994
Published:
02/08/1994
Department:
Federal Trade Commission
Entry Type:
Uncategorized Document
Action:
Final rule revision.
Document Number:
94-2823
Dates:
The revisions to Sec. 305.9(a) and Table 1 are effective February 8, 1994. The mandatory dates for using these revised DOE cost figures are detailed in the SUPPLEMENTARY INFORMATION section, below.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: February 8, 1994
CFR: (1)
16 CFR 305.9