[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)]
[Rules and Regulations]
[Pages 26383-26384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12578]


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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.

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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: August 12, 1997.

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

SUPPLEMENTARY INFORMATION: The Appliance Labeling Rule (``Rule'') was 
issued by the Commission in 1979, 44 FR 66466 (Nov. 19, 1979), in 
response to a directive in the Energy Policy and Conservation Act of 
1975.\1\ The Rule covers eight categories of major household 
appliances. Clothes washers are among those categories. The Rule also 
covers pool heaters, 59 FR 49556

[[Page 26384]]

(Sept. 28, 1994), and contains requirements that pertain to fluorescent 
lamp ballasts, 54 FR 28031 (July 5, 1989), certain plumbing products, 
58 FR 54955 (Oct. 25, 1993), and certain lighting products, 59 FR 25176 
(May 13, 1994, eff. May 15, 1995).
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    \1\ 42 U.S.C. 6294. The statute also requires DOE to develop 
test procedures that measure how much energy the appliances use, and 
to determine the representative average cost a consumer pays for the 
different types of energy available.
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    The Rule requires manufacturers of all covered appliances and pool 
heaters to disclose specific energy consumption or efficiency 
information (derived from the DOE test procedures) at the point of sale 
in the form of an ``EnergyGuide'' label in catalogs. It also requires 
manufacturers of furnaces, central air conditioners, and heat pumps 
either to provide fact sheets showing additional cost information, or 
to be listed in an industry directory showing the cost information for 
their products. The Rule requires that manufacturers include, on labels 
and fact sheets, an energy consumption or efficiency figure and a 
``range of comparability.'' This range shows the highest and lowest 
energy consumption or efficiencies for all comparable appliance models 
so consumers can compare the energy consumption or efficiency of other 
models (perhaps competing brands) similar to the labeled model. The 
Rule requires that manufacturers also include, on labels for some 
products, a secondary energy usage disclosure in the form of an 
estimated annual operating cost based on a specified DOE national 
average cost for the fuel the appliance uses.
    Section 305.8(b) of the Rule requires manufacturers, after filing 
an initial report, to report certain information annually to the 
Commission by specified dates for each product type.\2\ 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 the 
Commission will publish new ranges (but not more often that 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.
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    \2\ Reports for clothes washers are due March 1.
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    The annual submissions of data for clothes washers have been made 
and have been analyzed by the Commission. The Commission has found that 
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 June 13, 1996. 61 FR 29939.
    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 August 12, 1997. 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 1997 Representative Average Unit Costs of 
Energy for electricity (8.31 cents per kilowatt-hour) and natural gas 
(61.2 cents per therm) that were published by DOE on November 18, 1996, 
61 FR 29939, and by the Commission on February 5, 1997, 62 FR 5316.

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.

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                                    Range of estimated annual energy    
                                          consumption (kWh/yr.)         
           Capacity            -----------------------------------------
                                        Low                  High       
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Compact.......................                                          
  Top Loading.................  570................  578                
  Front Loading...............  (*)................  (*)                
Standard......................                                          
  Top Loading.................  312................  1306               
  Front Loading...............  241................  278                
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(*) No data submitted.                                                  

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 97-12578 Filed 5-13-97; 8:45 am]
BILLING CODE 6750-01-M