[Federal Register Volume 60, Number 33 (Friday, February 17, 1995)]
[Rules and Regulations]
[Pages 9295-9296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4010]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 305
Appliance Labeling Rule
AGENCY: Federal Trade Commission.
ACTION: Final rule revision.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission's Appliance Labeling 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 January 5, 1995.\1\
\1\60 FR 1773.
---------------------------------------------------------------------------
DATES: The revisions to Sec. 305.9(a) and Table 1 are effective
February 17, 1995. The mandatory dates for using these revised DOE cost
figures in connection with the Appliance Labeling Rule 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 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,
consumption, or cost information on labels and in retail sales catalogs
for eight categories of appliances, and mandates that the energy costs,
consumption, or 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
cost-related 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.
\2\44 FR 66466. Since its promulgation, the rule has been
amended four times to include new product categories--central air
conditioners (52 FR 46888, Dec. 10, 1987), fluorescent lamp ballasts
(54 FR 1182, Jan. 12, 1989), certain plumbing products (58 FR 54955,
Oct. 25, 1993), and certain lamp products (59 FR 25176, May 13,
1994). Obligations under the rule concerning fluorescent lamp
ballasts, lighting products, and plumbing products are not affected
by the cost figures in this notice.
---------------------------------------------------------------------------
On January 5, 1995, 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 labeling and
catalog sales of products covered by the Commission's rule and/or EPCA
are as follows:
For 1995 Submissions of Data Under Section 305.8 of the
Commission's Rule
Manufacturers no longer need to use the DOE cost figures in
complying with the data submission requirements of section 305.8 of the
rule. Pursuant to recent amendments to the rule, which were published
on July 1, 1994\3\ (with extended compliance dates published on
December 8, 1994),\4\ the estimated annual operating cost is no longer
the primary energy usage descriptor for refrigerators, refrigerator-
freezers, freezers, clothes washers, dishwashers, and water heaters.
Under the amendments, the energy usage and the ranges of comparability
for those product categories must be expressed in terms of estimated
annual energy consumption (kilowatt-hour use per year for electricity,
therms per year for natural gas, or gallons per year for propane and
oil). Thus, the 1995 (and all subsequent) data submissions under
section 305.8 for these product categories (which are to enable the
Commission to publish ranges of comparability) must be made in terms of
estimated annual energy consumption, for the determination of which the
DOE cost figures are unnecessary. The 1995 (and all subsequent)
submissions also must be made in terms of the new product sub-
categories created by the above-mentioned amendments. The energy
efficiency energy usage descriptors for the other products covered by
the rule (room air conditioners, furnaces, boilers, central air
conditioners, heat pumps, and pool heaters) are unaffected by the
amendments mentioned above. The annual data submission requirements for
those products, which are not based on the DOE cost figures, will
continue to be in terms of energy efficiency (although submissions for
room air conditioners, furnaces, and boilers must be made in terms of
the new product sub-categories created by the amendments). For
convenience, the annual dates for data submissions are repeated here:
\3\59 FR 34014.
\4\59 FR 63688.
Fluorescent lamp ballasts................................... Mar. 1.
Clothes washers............................................. Mar. 1.
Water heaters............................................... May 1.
Furnances................................................... May 1.
Room air conditioners....................................... May 1.
Pool Heaters................................................ May 1.
Dishwashers................................................. June 1.
Central air conditioners.................................... July 1.
Heat pumps.................................................. July 1.
Refrigerators............................................... Aug. 1.
Refrigerator-freezers....................................... Aug. 1.
Freezers.................................................... Aug. 1.
For Labeling and Catalog Sales of Products Covered by the Commission's
Rule
The July 1, 1994, amendments will require that labels for
refrigerators, refrigerator-freezers, freezers, clothes washers,
dishwashers, water heaters, and room air conditioners contain a
secondary energy usage disclosure in terms of an estimated annual
operating cost (labels for clothes washers and dishwashers will show
two such secondary disclosures--one based on operation with water
heated by natural gas, and one on operation with water heated by
electricity). These secondary [[Page 9296]] estimated annual operating
cost disclosures must be based on the 1995 DOE cost figures published
in this notice. The labels must also disclose, under the secondary
estimated annual operating cost disclosure, the fact that the estimated
annual operating cost is based on the appropriate 1995 DOE energy cost
figure. Manufacturers of the above-mentioned products must make these
disclosures on the labels required by the amendments and in catalogs
beginning ninety days after the Commission publishes new energy
consumption ranges of comparability based on the 1995 submissions
required by Sec. 305.8. They must continue to use the 1995 DOE cost
figures in the manner just described until the Commission publishes new
ranges of comparability based on future annual submissions of estimated
annual energy consumption data. At that time, these manufacturers must
use the then-current DOE energy cost figures when they prepare new
labels in response to the new energy consumption ranges of
comparability. When 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. As in the past, products that have been
properly labeled prior to the effective date of any range modification
need not be relabeled.
For Energy Cost 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 Appliance Labeling Rule (clothes dryers, television sets,
kitchen ranges and ovens, and space heaters) must use the 1995
representative average unit costs for energy in all operating cost
representations beginning May 18, 1995.
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 (1995)
----------------------------------------------------------------------------------------------------------------
Dollars per
Type of energy In common terms As required by DOE test million
procedure Btu\1\
----------------------------------------------------------------------------------------------------------------
Electricity............................ 8.67 cents/kWh23............ $0.0867/kWh................. $25.41
Natural Gas............................ 63.0 cents/therm4 or $6.49/ 0.00000630/Btu.............. 6.30
MCF56.
No. 2 heating oil...................... 1.008/gallon7............... 0.00000727/Btu.............. 7.27
Propane................................ 0.985/gallon8............... 0.00001079/Btu.............. 10.79
Kerosene............................... 1.094/gallon9............... 0.00000810/Btu.............. 8.10
----------------------------------------------------------------------------------------------------------------
\1\Btu stands for British thermal unit.
\2\kWh stands for kilowatt hour.
\3\1 kWh=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 equivalance 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. 95-4010 Filed 2-16-95; 8:45 am]
BILLING CODE 6750-01-M