[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