[Federal Register Volume 61, Number 209 (Monday, October 28, 1996)]
[Rules and Regulations]
[Pages 55563-55564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27528]
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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'') announces that
the current 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
[[Page 55564]]
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,\1\
and by the Commission on February 17, 1995.\2\
\1\ 60 FR 1773.
\2\ 60 FR 9295.
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EFFECTIVE DATE: October 28, 1996.
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 \3\ in response to a directive in the
Energy Policy and Conservation Act of 1975.\4\ 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 conditioners.
The Rule also covers pool heaters \5\ and contains requirements that
pertain to fluorescent lamp ballasts,\6\ certain plumbing products,\7\
and certain lighting products.\8\
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\3\ 44 FR 66466 (Nov. 19, 1979).
\4\ 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.
\5\ 59 FR 49556 (Sept. 28, 1994).
\6\ 54 FR 28031 (July 5, 1989).
\7\ 58 FR 54955 (Oct. 25, 1993).
\8\ 59 FR 25176 (May 13, 1994, eff. May 15, 1995).
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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 \9\) 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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\9\ 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.\10\ 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,\11\ and by the Commission on February 17,
1995.\12\ 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.
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\10\ 60 FR 56945.
\11\ 60 FR 1773.
\12\ 60 FR 9295.
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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.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 96-27528 Filed 10-25-96; 8:45 am]
BILLING CODE 6750-01-M