[Federal Register Volume 63, Number 56 (Tuesday, March 24, 1998)]
[Rules and Regulations]
[Pages 14034-14035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7596]
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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: Notice of continuing effect.
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SUMMARY: The Federal Trade Commission (``Commission'') announces that
the current, 1995 ranges of comparability for refrigerators,
refrigerator-freezers, and freezers will remain in effect until new
ranges of comparability are published for these products. The
Commission also announces that manufacturers must continue to base the
disclosures of estimated annual operating cost required at the bottom
of EnergyGuides for refrigerators, refrigerator-freezers, and freezers
on the 1995 Representative Average Unit Costs of Energy for electricity
(8.67 cents per kilowatt-hour) that was published by the Department of
Energy (``DOE'') on January 5, 1995 (60 FR 1773), and by the Commission
on February 17, 1995 (60 FR 9295).
EFFECTIVE DATE: March 24, 1998.
FOR FURTHER INFORMATION CONTACT: James Mills, Attorney, Division of
Enforcement, Federal Trade Commission, Washington, D.C. 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 (42 U.S.C. 6294).\1\ The Rule covers eight categories of major
household appliances: Refrigerators and refrigerator-freezers,
freezers, dishwashers, clothes washers, water heaters, room air
conditioners, furnaces, and central air conditions. 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\ 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 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 Sec. 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
until new ranges of comparability are published.
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\2\ Reports for refrigerators, refrigerator-freezers, and
freezers are due August 1.
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The annual submissions of data for refrigerators, refrigerator-
freezers, and freezers have been made and have been analyzed by the
Commission. The ranges of comparability for these products have not
changed by more than 15% from the current ranges for refrigerators,
refrigerator-freezers, and freezers, which were published on November
13, 1995, and became effective on February 12, 1996 (60 FR 56945).
Therefore, the current ranges will remain in effect until new ranges of
comparability are published for refrigerators, refrigerator-freezers,
and freezers. As of the effective date of the current ranges (February
12, 1996), the disclosures of estimated annual operating cost required
at the bottom of EnergyGuides for refrigerators, refrigerator-freezers,
and freezers must be based on the 1995 Representative Average Unit
Costs of Energy for electricity (8.67 cents per kilowatt-hour) that was
published by DOE on January 5, 1995 (60 FR 1773), and by the Commission
on February 17, 1995 (60 FR 9295). Because the current ranges will
remain in effect until new ranges are published, this requirement to
use the 1995 DOE cost for electricity (8.67 cents per kilowatt-hour)
also will remain in effect until new ranges of comparability are
published for refrigerators, refrigerator-freezers, and freezers.
List of Subjects in 16 CFR Part 305
Advertising, Energy conservation, Household appliances, Labeling,
Reporting and recordkeeping requirements.
Authority
The authority citation for Part 305 continues to read as follows:
Authority: 42 U.S.C. 6294.
[[Page 14035]]
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 98-7596 Filed 3-23-98; 8:45 am]
BILLING CODE 6750-01-M
