[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)] [Rules and Regulations] [Pages 29939-29940] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-15022] ======================================================================= ----------------------------------------------------------------------- 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: September 11, 1996. 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 (``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 --------------------------------------------------------------------------- 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\ 1993 (certain plumbing products \5\), and 1994 (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 determined not 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, 1994). \7\ 59 FR 34014. --------------------------------------------------------------------------- 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 consistent with these changes, under Section 305.10 of the Rule of Commission will 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 will 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. The Commission has found a significant number of the upper and lower limits of the ranges have changed by more than 15%. Accordingly, the Commission is publishing new ranges of comparability for the clothes washer category. These ranges will supersede the current ranges for clothes washers, which were published on May 25, 1995.\9\ --------------------------------------------------------------------------- \9\ 60 FR 27690. --------------------------------------------------------------------------- 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 September 11, 1996. In addition, as of this effective date, the disclosures of estimated annual operating cost required at the bottom of the EnergyGuide for clothes washers must be based on the 1996 Representative Average Unit Costs of Energy for electricity (8.6 cents per kilowatt-hour) and natural gas (62.6 cents per therm) that were published by [[Page 29940]] DOE on January 19, 1996,\10\ and by the Commission on February 14, 1996.\11\ --------------------------------------------------------------------------- \10\ 61 FR 1366. \11\ 61 FR 5679. --------------------------------------------------------------------------- List of Subjects of 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. ------------------------------------------------------------------------ Range of estimated annual energy Capacity consumption (kWh/ yr.) ----------------- Low High ------------------------------------------------------------------------ Compact: Top Loading......................................... 607 1061 Front Loading....................................... (*) (*) Standard: Top Loading......................................... 616 1335 Front Loading....................................... 241 280 ------------------------------------------------------------------------ (*) No data submitted. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 96-15022 Filed 6-12-96; 8:45 am] BILLING CODE 6750-01-M