[Federal Register Volume 59, Number 150 (Friday, August 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19137]


[[Page Unknown]]

[Federal Register: August 5, 1994]


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FEDERAL TRADE COMMISSION

16 CFR Part 305

 

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 amends its Appliance Labeling 
Rule by publishing the ranges of comparability to be used on required 
labels for central air conditioners and heat pumps and by updating the 
annual national average cost figure for electricity to be used in the 
cost calculation formula required on fact sheets and in directories. 
These cost figures are for consumers to use to calculate their own 
heating and cooling costs.

EFFECTIVE DATE: December 28, 1994.

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

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. Central air conditioners 
(including heat pumps) are included as one of the categories. The 
statute also 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 consumer pays for the different types of energy available.
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    \1\Pub. L. 94-163, 89 Stat. 871, 42 U.S.C. 6294 (Dec. 22, 1975).
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    On November 19, 1979, the Commission issued a final Rule covering 
seven of the thirteen appliance categories that were then covered by 
DOE test procedures: refrigerators and refrigerator-freezers, freezers, 
dishwashers, water heaters, clothes washers, room air conditioners and 
furnaces.\2\ On December 10, 1987, the Commission amended the Appliance 
Labeling Rule by extending its coverage to central air conditioners and 
heat pumps. For these products, the Commission adopted a disclosure 
scheme that consists of labels showing simple energy efficiency and 
range information, together with a requirement to disclose further 
efficiency and cost information by means of either fact sheets or a 
listing in a general directory containing such information.\3\
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    \2\44 FR 66466, 16 CFR Part 305 (Nov. 19, 1979). The Statement 
of Basis and Purpose for the final Rule describes the reasons the 
Commission declined to cover the other categories of covered 
products. Id. at 66467-69.
    \3\52 FR 46888.
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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.\4\ These reports, which are to assist the Commission in 
preparing the ranges of comparability, contain the estimated annual 
cost or energy efficiency rating for the appliances derived from tests 
performed pursuant to the DOE test procedures. The reports also contain 
the model number, the number of tests performed on each model, and the 
capacity of each. 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%. Otherwise, the Commission must publish a 
statement that the prior range or ranges remain in effect for the next 
year.
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    \4\Reports for central air conditioners (including heat pumps) 
are due by July 1.
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    The annual reports for central air conditioners (including heat 
pumps) have been received and analyzed by the Commission. New ranges 
based upon them are herewith published. These ranges will supersede the 
current ranges, which were published on September 25, 1992.\5\
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    \5\57 FR 44331.
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    In addition, this Notice provides an updated figure for the annual 
national average cost of electricity. This figure, along with national 
average cost figures for natural gas, propane, heating oil and 
kerosene, is published annually by the Department of Energy for the 
industry's use in calculating the cost figures required by the 
Commission's Rule. The cost figure for electricity must be used in the 
cost calculation formulas that appear in Appendices H and I. These 
formulas must be provided on fact sheets and in directories so 
consumers can calculate their own costs of operation for the central 
air conditioners and heat pumps that they are considering purchasing. 
The updated figure, which DOE published on December 29, 1993,\6\ and 
which the Commission published on February 8, 1994,\7\ is 8.41 cents 
per kilowatt-hour. The formulas (and calculations) in both Appendices 
have been changed to reflect this.
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    \6\58 FR 68901.
    \7\59 FR 5699.
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    In consideration of the foregoing, the Commission revises 
Appendices H(1) and (2) and I(1) and (2) of its Appliance Labeling Rule 
by publishing the following ranges of comparability and cost figures 
for use in the labeling and advertising of central air conditioners and 
heat pumps beginning December 28, 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. Appendix H of Part 305 is amended by revising section 1, ``Range 
Information,'' to read as follows:

Appendix H--Cooling Performance and Cost for Central Air 
Conditioners

    1. Range Information:

------------------------------------------------------------------------
                                                       Range of SEER's  
Manufacturer's rated cooling capacity (Btu's/hr.)  ---------------------
                                                       Low        High  
------------------------------------------------------------------------
               Single Package Units                                     
                                                                        
Central Air Conditioners (Cooling Only):                                
    All capacities................................       9.70      12.80
Heat Pumps (Cooling Function):                                          
    All capacities................................       9.70      12.50
                                                                        
                Split System Units                                      
                                                                        
Central Air Conditioners (Cooling Only):                                
    All capacities................................      10.00      17.00
Heat Pumps (Cooling Function):                                          
    All capacities................................      10.00      16.40
------------------------------------------------------------------------

* * * * *


Appendix H  [Amended]

    3. In section 2 of Appendix H of Part 305, the text and formulas 
are amended by removing the figure ``8.25 cents'' wherever it appears 
and by adding, in its place, the figure ``8.41 cents''. In addition, 
the text and formulas are amended by removing the figure 
``12.38 cents'' wherever it appears and by adding, in its place, the 
figure ``12.62 cents''.
    4. Appendix I of Part 305 is amended by revising section 1, ``Range 
Information,'' to read as follows:

Appendix I--Heating Performance and Cost for Central Air 
Conditioners

    1. Range Information: 

------------------------------------------------------------------------
                                                       Range of HSPF's  
 Manufacturer's rated heating capacity (Btu's/hr.) ---------------------
                                                       Low        High  
------------------------------------------------------------------------
               Single Package Units                                     
                                                                        
Heat Pumps (Heating Function):                                          
    All capacities................................       6.60       7.90
                                                                        
                Split System Units                                      
                                                                        
Heat Pumps (Heating Function):                                          
    All capacities................................       6.80      10.20
------------------------------------------------------------------------

    The HSPF shall be the Region IV value based on the appropriate 
average design heat loss from the table below.
* * * * *


Appendix I  [Amended]

    5. In section 2 of Appendix I of Part 305, the text and formulas 
are amended by removing the figure ``8.25 cents'' wherever it appears 
and by adding, in its place, the figure ``8.41 cents''. In addition, 
the text and formulas are amended by removing the figure 
``12.38 cents'' wherever it appears and by adding, in its place, the 
figure ``12.62 cents''.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 94-19137 Filed 8-4-94; 8:45 am]
BILLING CODE 6750-01-M