[Federal Register Volume 63, Number 167 (Friday, August 28, 1998)]
[Rules and Regulations]
[Pages 45941-45943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23150]
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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 (``Commission'') amends its
Appliance Labeling Rule by publishing new ranges of comparability to be
used on required labels for instantaneous water heaters. The Commission
also announces that the current ranges of comparability for room air
conditioners, storage-type water heaters, heat pump water heaters, pool
heaters, furnaces, boilers, and dishwashers will remain in effect until
further notice.
EFFECTIVE DATE: November 27, 1998.
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: refrigerators and refrigerator-freezers, freezers,
dishwashers, clothes washers, water heaters (this category includes
storage-type water heaters, instantaneous water heaters, and heat pump
water heaters), room air conditioners, furnaces (this category includes
boilers), and central air conditioners (this category includes heat
pumps). 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)).
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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
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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 annually (by specified dates for each
product type) \2\ 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. Under Section 305.10 of the Rule, to
keep the required information on labels consistent with these changes,
the Commission publishes 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 publishes a statement that the prior ranges remain in effect
for the next year.
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\2\ Reports for room air conditioners, water heaters (storage-
type, instantaneous, and heat pump-type), furnaces, boilers, and
pool heaters are due May 1. Reports for dishwashers are due June 1.
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The annual submissions of data for room air conditioners, water
heaters (including storage-type, instantaneous, and heat pump water
heaters), furnaces, boilers, pool heaters, and dishwashers have been
made and have been analyzed by the Commission.
The ranges of comparability for room air conditioners, storage-type
water heaters, heat pump water heaters, furnaces, boilers, dishwashers,
and pool heaters have not changed by more than 15% from the current
ranges for these products. Therefore, the current ranges for these
products will remain in effect until further notice.\3\ This means that
manufacturers of storage-type water heaters, furnaces, and boilers must
continue to use the ranges that were published on September 23, 1994,
and that manufacturers of storage-type water heaters must continue to
base the disclosures of estimated annual operating cost required at the
bottom of Energy Guides for these products on the 1994 Representative
Average Unit Costs of Energy for electricity (8.41 cents per kilo Watt-
hour), natural gas (60.4 cents per therm), propane (98 cents per
gallon), and/or No. 2 heating oil ($1.05 per gallon) that were
published by DOE on December 29, 1993 (58 FR 68901), and by the
Commission on February 8, 1994 (59 FR 5699). Manufacturers of heat pump
water heaters and pool heaters must continue to use the ranges that
were published on August 21, 1995. Manufacturers of room air
conditioners must continue to use the corrected ranges for room air
conditioners that were published on November 13, 1995. Manufacturers of
heat pump water heaters, pool heaters, and room air conditioners must
continue to base the disclosures of estimated annual operating cost
required at the bottom of Energy Guides for these products on the 1995
Representative average Unit Costs of Energy for electricity (8.67 cents
per kilo Watt-hour), natural gas (63 cents per therm), propane (98.5
cents per gallon), and/or No. 2 heating oil ($1.008 per gallon) that
were published by DOE on January 5, 1995 (60 FR 1773), and by the
Commission on February 17, 1995 (60 FR 9295). Manufacturers of
dishwashers must continue to use the ranges that were published on
August 25, 1997, and must continue to base the disclosures of estimated
annual operating cost required at the bottom of Energy Guides for these
product on the 1997 Representative Average Unit Costs of Energy for
electricity (8.31 cents per kilo Watt-hour), natural gas (61.2 cents
per therm), propane (98 cents per gallon), and/or No. 2 heating oil (99
cents per gallon) that were published by DOE on November 18, 1996 (61
FR 58679), and the Commission on February 5, 1997 (62 FR 5316).
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\3\ The current ranges for storage-type water heaters, furnaces,
and boilers were published on September 23, 1994 (59 FR 48796). The
current ranges for heat pump water heaters, pool heaters, and room
air conditioners (originally) were published on August 21, 1995 (60
FR 43367). A corrected version of the ranges for room air
conditioners was published on November 13, 1995 (60 FR 56945, at
56949). The current ranges for dishwashers were published on August
25, 1997 (62 FR 44890).
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The data submission for instantaneous water heaters has resulted in
new ranges of comparability figures for these products, which will
supersede the current ranges.\4\
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\4\ The current ranges for instantaneous water heaters were
published on September 16, 1996 (61 FR 48620). Because the
Commission has never received any submissions of data for oil-fired
instantaneous water heaters, the ranges for these products show ``no
data submitted'' for all size categories. The Commission will not,
therefore, amend the ranges for oil-fired instantaneous water
heaters because they have not changed.
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In consideration of the foregoing, the Commission revises Appendix
D4 of Part 305 by publishing the following ranges of comparability for
use in required disclosures (including labeling) for instantaneous
water heaters manufactured on or after November 27, 1998. In addition,
as of this effective date, manufacturers of instantaneous water heaters
must base the disclosures of estimated annual operating cost required
at the bottom of Energy Guides for instantaneous water heaters on the
1998 Representative average Unit Costs of Energy for electricity (8.42
cents per kilo Watt-hour), natural gas (61.9 cents per therm), propane
(95 cents per gallon), and/or No. 2 heating oil (95 cents per gallon)
that were published by DOE on December 8, 1997 (62 FR 64574), and by
the Commission on December 29, 1997 (62 FR 67560).
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 D4 to Part 305 is revised to read as follows:
Appendix D4 to Part 305--Water Heaters--Instantaneous--Gas
Range Information:
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Capacity Range of estimated annual energy consumption (therms/
--------------------------------------------------------- yr. and gallons/yr.)
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Natural gas therms/yr. Propane gallons/yr.
First hour rating -------------------------------------------------------
Low High Low High
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Less than 21............................................ (*) (*) (*) (*)
21 to 24................................................ (*) (*) (*) (*)
25 to 29................................................ (*) (*) (*) (*)
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30 to 34................................................ (*) (*) (*) (*)
35 to 40................................................ (*) (*) (*) (*)
41 to 47................................................ (*) (*) (*) (*)
48 to 55................................................ (*) (*) (*) (*)
56 to 64................................................ (*) (*) (*) (*)
65 to 74................................................ (*) (*) (*) (*)
75 to 86................................................ (*) (*) (*) (*)
87 to 99................................................ (*) (*) (*) (*)
100 to 114.............................................. 230 234 252 256
115 to 131.............................................. (*) (*) (*) (*)
Over 131................................................ 161 238 184 260
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*No data submitted.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 98-23150 Filed 8-27-98; 8:45 am]
BILLING CODE 6750-01-M
