[Federal Register Volume 60, Number 77 (Friday, April 21, 1995)]
[Rules and Regulations]
[Pages 19845-19846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9930]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 77 / Friday, April 21, 1995 / Rules 
and Regulations  
[[Page 19845]]

FEDERAL TRADE COMMISSION

16 CFR Part 305


Rule Concerning 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.

-----------------------------------------------------------------------

SUMMARY: The Federal Trade Commission amends its Appliance Labeling 
Rule by publishing new ranges of comparability to be used on required 
labels for clothes washers.

effective date: July 20, 1995.

FOR FURTHER INFORMATION CONTACT: James Mills, Attorney, Division of 
Enforcement, Federal Trade Commission, Washington, D.C. 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. Clothes washers are included 
in those 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.

    \1\42 U.S.C. 6294.
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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 (this category includes boilers).\2\ The Commission has 
extended the coverage of the Appliance Labeling Rule (``Rule'') four 
times since it originally issued the Rule: in 1987 (central air 
conditioners, heat pumps, and pulse combustion and condensing 
furnaces);\3\ 1989 (fluorescent lamp ballasts);\4\ and, 1993 (certain 
plumbing products\5\ and certain lighting products\6\). On July 1, 
1994, the Commission amended the Rule to make certain improvements, 
including making the label format more ``user-friendly,'' changing the 
energy usage descriptors required on labels, and adopting new product 
sub-categories for ranges of comparability purposes.\7\ In addition to 
the new format, which applies to labels for all products, the changes 
for clothes washer labels are the requirement to disclose kilowatt-hour 
use per year (instead of estimated annual operating cost) for the 
primary energy usage disclosure and ranges of comparability, and the 
addition of the ``front-loading'' and ``top-loading'' sub-categories to 
the ``standard'' and ``compact'' categories.

    \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 (Dec. 10, 1987).
    \4\54 FR 28031 (July 5, 1989).
    \5\58 FR 54955 (Oct. 25, 1993).
    \6\59 FR 25176 (May 13, 1993).
    \7\59 FR 34014. The effective date of the amendments was 
December 28, 1994. On December 8, 1994, however, the Commission 
published a partial delay of compliance dates for certain covered 
products, including clothes washers. 59 FR 63688. As a result of 
this second notice, manufacturers of clothes washers were given 
extra time to prepare the new labels. They must begin using the new 
labels, however, on all covered products manufactured on or after 
the effective date of today's notice.
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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.\8\ These reports, which are to assist the Commission in 
preparing the ranges of comparability, contain the estimated annual 
energy consumption or energy efficiency ratings for the appliances 
derived from tests performed pursuant to the DOE test procedures. 
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 information 
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 ranges remain in effect for the next year.

    \8\Reports for clothes washers are due March 1.
---------------------------------------------------------------------------

    The annual submissions of data for clothes washers have been made 
and have been analyzed by the Commission. These submissions of data 
were made by the affected manufacturers in compliance with the new 
requirements for new energy usage descriptors and sub-categories in the 
amendments published on July 1, 1994. These ranges will supersede the 
current ranges for clothes washers, which were published on April 16, 
1991.\9\

    \9\56 FR 15274.
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    In consideration of the foregoing, the Commission revises Appendix 
F of its Appliance Labeling Rule by publishing the following ranges of 
comparability for use in required disclosures (including labeling) for 
clothes washers manufactured on or after July 20, 1995.

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 F to Part 305 is revised to read as follows:

Appendix F to Part 305--Clothes Washers

    Range Information:
    ``Compact'' includes all household clothes washers with a tub 
capacity of less than 1.6 cu. ft. or 13 gallons of water.
    ``Standard'' includes all household clothes washers with a tub 
capacity of 1.6 cu. ft. or 13 gallons of water or more.

[[Page 19846]]
------------------------------------------------------------------------
                                                            Range of    
                                                        estimated annual
                                                             energy     
                       Capacity                         consumption(kWh/
                                                              yr.)      
                                                       -----------------
                                                          Low      High 
------------------------------------------------------------------------
Compact:                                                                
  Top Loading.........................................      607    1,226
  Front Loading.......................................    (\1\)    (\1\)
Standard:                                                               
  Top Loading.........................................      603    1,818
  Front Loading.......................................      306      395
------------------------------------------------------------------------
\1\No data submitted.                                                   

    By direction of the Commission.
Benjamin I. Berman,
Acting Secretary.
[FR Doc. 95-9930 Filed 4-20-95; 8:45 am]
BILLING CODE 6750-01-M