[Federal Register Volume 59, Number 8 (Wednesday, January 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-748]


[[Page Unknown]]

[Federal Register: January 12, 1994]


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FEDERAL TRADE COMMISSION
16 CFR Part 305

RIN 3084-AA26

 

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.

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SUMMARY: Under the Energy and Water Use Rule, each required label on a 
covered appliance must show a range, or scale, indicating the range of 
energy costs or efficiencies for all models of a size or capacity 
comparable to the labeled model. This notice publishes the new range 
figures, which, under Secs. 305.10, 305.11 and 305.14 of the rule must 
be used on labels on dishwashers manufactured on and after April 12, 
1994, and in advertising of dishwashers beginning April 12, 1994. 
Properly labeled dishwashers manufactured prior to the effective date 
need not be relabeled. Catalogs printed prior to the effective date in 
accordance with 16 CFR 305.14 need not be revised.

EFFECTIVE DATE: April 12, 1994.

FOR FURTHER INFORMATION CONTACT:
James Mills, Attorney, 202-326-3035, Division of Enforcement, Federal 
Trade Commission, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: Section 324 of the Energy Policy and 
Conservation Act of 1975 (EPCA)\1\ requires the Federal Trade 
Commission to consider labeling rules for the disclosure of estimated 
annual energy cost or alternative energy consumption information for at 
least thirteen categories of appliances. Dishwashers are included as 
one of the categories. Before these labeling requirements may be 
prescribed, the statute requires the Department of Energy (``DOE'') to 
develop test procedures that measure how much energy the appliances 
use. In addition, DOE is required to determine the representative 
average cost a customer pays for the different types of energy 
available.
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    \1\42 U.S.C. 6294.
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    On November 19, 1979, the Commission issued a final rule\2\ 
covering seven of the thirteen appliance categories, including 
dishwashers. The rule requires that energy costs and related 
information be disclosed on labels and in retail sales catalogs for all 
dishwashers presently manufactured. Certain point-of-sale promotional 
materials must disclose the availability of energy usage information. 
If a dishwasher is advertised in a catalog from which it may be 
purchased by cash, charge account or credit terms, then on each page of 
the catalog that lists the product shall be included the range of 
estimated annual energy costs for the product. The required disclosures 
and all claims concerning energy consumption made in writing or in 
broadcast advertisements must be based on the results of the DOE test 
procedures.
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    \2\44 FR 66466. On December 10, 1987 (52 FR 46888), the 
Commission amended the Appliance Labeling Rule by extending coverage 
to include central air conditioners and heat pumps. On October 25, 
1993 (58 FR 54955), the Commission extended the Rule's coverage to 
include certain plumbing products (showerheads, faucets, water 
closets and urinals).
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    Section 305.8(b) of the rule requires manufacturers, after filing 
an initial report, to report annually by specified dates for each 
product type.\3\ The data submitted by manufacturers are based, in 
part, on the representative average unit cost of the type of energy 
used to run the appliances tested. According to Sec. 305.9 of the rule, 
these average energy costs, which are provided by DOE, will be 
periodically revised by the Commission, but not more often than 
annually. Because the costs for the various types of energy change 
yearly, and 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 in line with these changes, 
the Commission is empowered, under Sec. 305.10 of the rule, to publish 
new ranges (but not more often than annually) if an analysis of the new 
data indicates that the upper or lower limits of the ranges have 
changed by more than 15%.
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    \3\Reports for dishwashers are due by June 1.
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    The new figures for the estimated annual costs of operation for 
dishwashers, which were calculated using the 1993 representative 
average energy costs published by DOE on January 5, 1993,\4\ have been 
submitted and have been analyzed by the Commission. New ranges based 
upon them are herewith published.
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    \4\58 FR 345. The Commission published these figures on January 
25, 1993, at 58 FR 5925. The cost for electricity was published as 
8.30 cents per kilowatt-hour; for natural gas: 59.46 cents per 
therm; for propane: 73 cents per gallon; for No. 2 heating oil: 
$1.00 per gallon.
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    In consideration of the foregoing, the Commission amends appendix C 
of its Energy and Water Use Rule by publishing the following ranges of 
comparability for use in the labeling and advertising of dishwashers 
beginning April 12, 1994.

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. In appendix C, Paragraph 1 and the introductory text in 
Paragraph 2 are revised to read as follows:

Appendices to Part 305

* * * * *

Appendix C to Part 305--Dishwashers

    1. Range Information: ``Compact'' includes countertop dishwasher 
models with a capacity of fewer than eight (8) place settings.
    ``Standard'' includes portable or built-in dishwasher models 
with a capacity of eight (8) or more place settings.
    Place settings shall conform to AHAM Specification DW-1 for 
chinaware, flatware and serving pieces. Load patterns shall conform 
to the operating normal for the model being tested. 

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                                       Ranges of estimated yearly energy
                                                     costs              
                                     -----------------------------------
       Ranges of comparability          Electrically       Natural gas  
                                        heated water      heated water  
                                     -----------------------------------
                                        Low      High     Low      High 
------------------------------------------------------------------------
Compact.............................    (\1\)    (\1\)    (\1\)    (\1\)
Standard............................   $39.00   $89.00   $21.00   $47.00
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\1\No data submitted.                                                   

    2. Yearly Cost Information: Estimates on the scales are based on 
national average electric rate of 8.30 cents per kilowatt hour, a 
national average natural gas rate of 59.46 cents per therm, and 6.2 
loads of dishes per week.
* * * * *
Donald S. Clark,
Secretary.
[FR Doc. 94-748 Filed 1-11-94; 8:45 am]
BILLING CODE 6750-01-M