[Federal Register Volume 64, Number 243 (Monday, December 20, 1999)]
[Rules and Regulations]
[Pages 71019-71021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32894]
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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 (Commission) amends is Appliance
Labeling Rule (the Rule) by publishing new ranges of comparability to
be used on required labels for gas-fired instantaneous water heaters,
by deleting the range chart for oil-fired instantaneous water heaters,
and by publishing new ranges of comparability to be used on required
labels for compact dishwashers (the ranges of comparability for
standard dishwashers remain unchanged). The Commission also announces
that the current ranges of comparability for room air conditioners,
storage-type water heaters, heat pump water heaters, pool heaters,
furnaces, boilers, standard-sized dishwashers, central air
conditioners, heat pumps, refrigerators, refrigerator-freezers, and
freezers will remain in effect until further notice. Finally, the
Commission amends the portions of Appendices H (Cooling Performance and
Cost for Central Air Conditioners) and I (Heating Performance and Cost
for Central Air Conditioners) to Part 305 that contain cost calculation
formulas. These last amendments change the figures in the formulas to
reflect the current Representative Average Unit Cost of Electricity
that was published on January 5, 1999 (64 FR 487) by the Department of
Energy (DOE), and on February 17, 1999 (64 FR 7783) by the Commission.
EFFECTIVE DATE: March 22, 2000.
FOR FURTHER INFORMATION CONTACT: James Mills, Attorney, Division of
Enforcement, Federal Trade Commission, Washington, D.C. 20580 (202-326-
3035); [email protected].
SUPPLEMENTARY INFORMATION: The 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; refrigerators and
refrigerator-freezers, freezers, dishwashers, clothes washers, water
heaters (this category includes storage-type water heaters, gas-fired
instantaneous water heaters, and heat pump water heaters), room air
conditioners, furnaces (this category includes boilers), and central
air conditioners (this category includes heat pumps). The Rule also
covers pool heaters (59 FR 49556 (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)).
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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 test procedures promulgated by DOE) at the
point of sale in the form of an ``EnergyGuide'' label and in catalogs.
It also requires manufacturers of furnaces, boilers 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'' scale. This scale
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, annually (by specified dates for each product type)
\2\ the estimated annual energy consumption or energy efficiency
ratings for the appliances derived from tests performed pursuant to the
DOE test procedures. Because manufacturers regulatory 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. Under Section 305.10 of the rule, to keep the required
information on labels consistent with these changes, the Commission
publishes 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
publishes a statement that the prior ranges remain in effect for the
next year.
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\2\ Reports for room air conditioners, water heaters (storage-
type, gas-fired instantaneous, and heat pump-type), furnaces,
boilers, and pool heaters are due May 1; reports for dishwashers are
due June 1; reports for central air conditioners and heat pumps are
due July 1; reports for refrigerators, refrigerator-freezers, and
freezers are due August 1.
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The annual submissions of data for room air conditioners, water
heaters (including storage-type, gas-fired instantaneous, and heat pump
water heaters), furnaces, boilers, pool heaters, dishwashers, central
air conditioners, heat pumps, refrigerators, refrigerator-freezers, and
freezers have been made and have been analyzed by the Commission.
The ranges of comparability for room air conditioners, storage-type
water heaters, heat pump water heaters, furnaces, boilers, pool
heaters, central air conditioners, heat pumps, refrigerators,
refrigerator-freezers, freezers, and standard-sized dishwashers have
not changed by more
[[Page 71020]]
than 15% from the current ranges for these products. Therefore, the
current ranges for these products will remain in effect until further
notice.\3\
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\3\ The current ranges for storage-type water heaters, furnaces,
and boilers were published on September 23, 1994 (59 FR 48796). The
current ranges for heat pump water heaters, pool heaters, and room
air conditioners (originally) were published on August 21, 1995 (60
FR 43367). A corrected version of the ranges for room air
conditioners was published on November 13, 1995 (60 FR 56945, at
56949). The current ranges for central air conditioners and heat
pumps were published on September 16, 1996 (61 FR 48620). The
current ranges for refrigerators, refrigerator-freezers, and
freezers were published on December 2, 1998 (63FR 66428).
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This means that manufacturers of storage-type water heaters,
furnaces, and boilers must continue to use the ranges that were
published on September 23, 1994, and that manufacturers of storage-type
water heaters must continue to base the disclosures of estimated annual
operating cost required at the bottom of EnergyGuides for these
products on the 1994 Representative Average Unit Costs of energy for
electricity (8.41 cents per kilowatt-hour), natural gas (60.4 cents per
therm), propane (98 cents per gallon), and/or heating oil ($1.05 per
gallon) that were published by DOE on December 29, 1993 (58 FR 68901),
and by the Commission on February 8, 1994 (59 FR 5699).
Manufacturers of heat pump water heaters and pool heaters must
continue to use the ranges that were published on August 21, 1995.
Manufacturers of room air conditioners must continue to use the
corrected ranges for room air conditioners that were published on
November 13, 1995. Manufacturers of heat pump water heaters, pool
heaters, and room air conditioners must continue to base the
disclosures of estimated annual operating cost required at the boom of
EnergyGuides for these products on the 1995 Representative Average Unit
Costs of Energy for electricity (8.67 cents per kilowatt-hour), natural
gas (63 cents per therm), propane (98.5 cents per gallon), and/or
heating oil ($1.008 per gallon) that were published by DOE on January
5, 1995 (60 FR 1773), and by the Commission on February 17, 1995 (60 FR
9295).
Manufacturers of refrigerators, refrigerator-freezers, and freezers
must continue to use the ranges of comparability that were published on
December 2, 1998. They must continue to base the disclosures of
estimated annual operating cost required at the bottom of EnergyGuides
for these products on the 1998 Representative Average Unit Cost for
electricity (8.42 cents per kilowatt-hour), that was published by DOE
on December 8, 1997 (62 FR 64574), and by the Commission on December
29, 1997 (62 FR 67560).
The data submissions for gas-fired instantaneous water heaters have
resulted in new ranges of comparability figures for these products,
which appear below. In addition, the capacity measurement for gas-fired
instantaneous water heaters in the range chart is now expressed in
terms of maximum flow rate, instead of first hour rating, to be
consistent with amendments to the Department of Energy's test procedure
that were published in the Federal Register on May 11, 1998, at 63 FR
25996, with an extended effective date of June 5, 1999 (63 FR 71630
(Dec. 29, 1998)). These new ranges of comparability supersede the
current ranges for gas-fired instantaneous water heaters.\4\ As of the
effective date of these new ranges, manufacturers of gas-fired
instantaneous water heaters must base the disclosures of estimated
annual operating cost required at the bottom of EnergyGuides for gas-
fired instantaneous water heaters on the 1999 Representative Average
Unit Costs of Energy for natural gas (68.8 cents per therm) and propane
(77 cents per gallon) that were published by DOE on January 5, 1999 (64
FR 487), and by the Commission on February 17, 1999 (64 FR 7783).
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\4\ The current ranges for gas-fired instantaneous water heaters
(Appendix D4) were published on August 28, 1998 (63 FR 45942),
having first been published in 1995 (60 FR 43367 (Aug. 21, 1995)).
In 1995, the Commission also published a range chart for oil-fired
instantaneous water heaters (Appendix D5) because, even though the
DOE test did not yet cover these products, DOE had proposed in 1995
to develop a test to cover them. Because no data for oil-fired
instantaneous water heaters has ever been submitted, the range chart
for these products shows ``no data submitted'' for all size
categories. DOE withdrew its proposal to develop a final test for
oil-fired instantaneous water heaters in the May 11, 1998 amendments
to the water heater test procedure (63 FR 25996 at 25998).
Therefore, the Commission today deletes the range chart for oil-
fired instantaneous water heaters.
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The data submissions for dishwashers show a significant change in
both the high and low ends of the ranges of comparability scale for
compact models, but only a slight change in the high end of the range
scale for standard models and no change in the low end for standard
models. The change in the compact ranges has resulted from the deletion
of the only model available prior to 1999 and the addition of two new
models. Thus, the new numbers reflect entirely new models, and it is
appropriate to publish new ranges of comparability to reflect these
changes. As just noted, however, the ranges for standard-sized
dishwashers have changed only slightly. Moreover, the vast majority of
dishwashers fall into the standard category; relatively few are offered
in the compact category.
The Commission's classification of ``standard'' and ``compact''
dishwashers is based on internal capacity.\5\ Thus, the Commission
believes that consumers looking for a standard model are unlikely to be
interested in a compact model, and vice-versa. Rather than require new
ranges for the vast majority of dishwashers when only the few in the
compact category have changed significantly, therefore, the Commission
has decided to publish new ranges of comparability only for compact
dishwashers, to inform consumers better about the compact dishwasher
models currently being manufactured. These new ranges of comparability
supersede the current ranges for compact-sized dishwashers.\6\ As of
the effective date of these new ranges, manufacturers of compact-sized
dishwashers must base the disclosures of estimated annual operating
cost required at the bottom of EnergyGuides for compact-sized
dishwashers on the 1999 Representative Average Unit Costs of Energy for
electricity (8.22 cents per kilowatt-hour) and natural gas (68.8 cents
per therm) that were published by DOE on January 5, 1999 (64 FR 487),
and by the Commission on February 17, 1999 (64 FR 7783).
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\5\ Appendix C of the Commission's Rule defines ``Compact'' as
including countertop dishwasher models with a capacity of fewer than
eight (8) place settings and ``Standard'' as including portable or
built-in dishwasher models with a capacity of eight (8) or more
place settings. Place settings are to be determined in accordance
with appendix C to 10 CFR Part 430, subpart B, of DOE's energy
conservation standards program. In contrast, DOE's program defines
``standard'' and ``compact'' on the basis of external cabinet width.
\6\ The current ranges for compact-sized (and standard-sized)
dishwashers (Appendix C) were published on August 25, 1997 (62 FR
44890).
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The Commission is leaving the current 1997 ranges of comparability
for standard-sized dishwashers in place. This means that manufacturers
of standard-sized dishwashers must continue to use the ranges of
comparability that were published on August 25, 1997, and must continue
to base the disclosures of estimated annual operating cost required at
the bottom of EnergyGuides for these products 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 58679), and by the
Commission on February 5, 1997 (62 FR 5316).
In consideration of the foregoing, the Commission revises
Appendices C and D4 of part 305 by publishing the
[[Page 71021]]
following ranges of comparability for use in required disclosures
(including labeling) for compact-size dishwashers and gas-fired
instantaneous water heaters beginning March 22, 2000; amends the cost
calculation formulas in Appendices H and I to Part 305 that
manufacturers of central air conditioners and heat pumps must include
on fact sheets and in directories, effective March 22, 2000; and
deletes Appendix D5 of Part 305, effective immediately.
Regulatory Flexibility Act
The provisions of the Regulatory Flexibility Act relating to a
Regulatory Flexibility Act analysis (5 U.S.C. 603-604) are not
applicable to this proceeding because the amendments do not impose any
new obligations on entities regulated by the Appliance Labeling Rule.
Thus, the amendments will not have a ``significant economic impact on a
substantial number of small entities.'' 5 U.S.C. 605. The Commission
has concluded, therefore, that a regulatory flexibility analysis is not
necessary, and certifies, under Section 605 of the Regulatory
Flexibility Act (5 U.S.C. 605(b)), that the amendments announced today
will not have a significant economic impact on a substantial number of
small entities.
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 C to Part 305 is removed and Appendices C1 and C2 are
added to read as follows:
Appendix C1 to Part 305--Compact Dishwashers
Range Information
``Compact'' includes countertop dishwasher models with a
capacity of fewer than eight (8) place settings. Place settings
shall be in accordance with appendix C to 10 CFR part 430, subpart
B. Load patterns shall conform to the operating normal for the model
being tested.
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Range of estimated
annual energy
consumption (kWh/
Capacity yr.)
-------------------
Low High
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Compact............................................. 277 426
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Cost Information
When the above ranges of comparability are used on EnergyGuide
labels for compact sized dishwashers, the estimated annual operating
cost disclosure appearing in the box at the bottom of the labels
must be derived using the 1999 Representative Average Unit Costs for
electricity (8.22 cents per kilowatt-hour) and natural gas (68.8
cents per therm), and the text below the box must identify the costs
as such.
Appendix C2 to Part 305--Standard Dishwashers
Range Information
``Standard'' includes portable or built-in dishwasher models
with a capacity of eight (8) or more place settings. Place settings
shall be in accordance with appendix C to 10 CFR part 430, subpart
B. Load patterns shall conform to the operating normal for the model
being tested.
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Range of estimated
annual energy
consumption (kWh/
Capacity yr.)
-------------------
Low High
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Standard............................................ 344 699
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Cost Information
When the above ranges of comparability are used on EnergyGuide
labels for standard-sized dishwashers, the estimated annual
operating cost disclosure appearing in the box at the bottom of the
labels must be derived using the 1997 Representative Average Unit
Costs for electricity (8.31 cents per kilowatt-hour) and natural gas
(61.2 cents per therm), and the text below the box must identify the
costs as such.
3. Appendix D4 to Part 305 is revised to read as follows:
Appendix D4 to Part 305--Water Heaters--Instantaneous--Gas
Range Information
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Range of estimated annual
energy consumption (therms/
yr. and gallons/yr.)
Capacity (maximum flow rate); gallons per ---------------------------
minute (gpm) Natural gas Propane
therms/yr. gallons/yr.
---------------------------
Low High Low High
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Under 1.00.................................. 233 233 256 256
1.00 to 2.00................................ 230 234 252 256
2.01 to 3.00................................ 188 218 206 239
Over 3.00................................... 187 238 197 260
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Cost Information
When the above ranges of comparability are used on EnergyGuide
labels for instantaneous water heaters, the estimated annual
operating cost disclosure appearing in the box at the bottom of the
labels must be derived using the 1999 Representative Average Unit
Costs for natural gas (68.8 cents per therm) and propane (77 cents
per gallon), and the text below the box must identify the costs as
such.
4. Appendix D5 to Part 305 is removed.
5. Appendix D6 to Part 305 is redesignated as Appendix D5.
6. In section 2 of Appendix H of part 305, the text and formulas
are amended by removing the figure ``8.42 cents'' wherever it appears
and by adding, in its place,the figure ``8.22 cents''; and by removing
the figure ``12.64 cents'' wherever it appears and by adding, in its
place, the figure ``12.4 cents''.
7. In section 2 of Appendix I of part 305, the text and formulas
are amended by removing the figure ``8.42 cents'' wherever it appears
and by adding, in its place, the figure ``8.22 cents''; and by removing
the figure ``12.64 cents'' wherever it appears and by adding, in its
place, the figure ``12.34 cents''.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 99-32894 Filed 12-17-99; 8:45 am]
BILLING CODE 6750-01-M