[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