[Federal Register Volume 65, Number 92 (Thursday, May 11, 2000)]
[Rules and Regulations]
[Pages 30351-30352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11605]


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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: Federal Trade Commission amends its Appliance Labeling Rule by 
publishing new ranges of comparability to be used on required labels 
for clothes washers. These ranges of comparability supersede the ranges 
published on March 27, 2000, 65 FR 16132, which become effective July 
14, 2000; however, manufacturers are not required to use those March 
27, 2000 ranges.

EFFECTIVE DATE: September 18, 2000.

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 (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 the Department of 
Energy (``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 and 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 manufacturers to 
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 also requires manufacturers to 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 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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    Manufacturers of clothes washers have made the required 2000 
submissions of data for this product category. In analyzing the data, 
the Commission has grouped the figures in accordance with the revisions 
to Appendix F (Clothes Washers) published on March 27, 2000, 65 FR 
16132, which eliminated the top-loading and front-loading categories 
for clothes washers.
    Accordingly, the Commission is publishing these new 2000 ranges of 
comparability in the format of the revised Appendix for the clothes 
washer category. Today's ranges of comparability supersede the ranges 
(which were based on 1999 submissions) that were published along with 
the March 27, 2000 amendment eliminating the top-loading and front-
loading categories, which have an effective date of July 14, 2000; 
however, manufacturers are not required to use those ranges.
    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 18, 2000. In 
addition, as of September 18, 2000, manufactured must base the 
disclosures of estimated annual operating cost required at the bottom 
of the EnergyGuide for clothes washers on the 2000 Representative 
Average Unit Costs of Energy for electricity (8.03 cents per kilo Watt-
hour) and natural gas (68.8 cents per therm) that were published by DOE 
on February 7, 2000

[[Page 30352]]

(65 FR 5860), and by the Commission on April 17, 2000, 65 FR 20352.

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 no 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.

Paperwork Reduction Act

    The Paperwork Reduction Act (``PRA''), 44 U.S.C. 3501 et seq., 
requires government agencies, before promulgating rules or other 
regulations that require ``collections of information'' (i.e., 
recordkeeping, reporting, or third-party disclosure requirements), to 
obtain approval from the Office of Management and Budget (``OMB''), 44 
U.S.C. 3502. The Commission currently has OMB clearance for the Rule's 
information collection requirements (OMB No. 3084-0069). The amendment 
will not impose any new information collection requirements. Instead, 
it will provide manufacturers with revised ranges of comparability to 
use on the EnergyGuide labels already required by the Rule.

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.

------------------------------------------------------------------------
                                                   Range of estimated
                                                     annual  energy
                   Capacity                       consumption (kWh/yr.)
                                               -------------------------
                                                    Low          High
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Compact.......................................          576          607
Standard......................................          177         1298
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Cost Information

    When the above ranges of comparability are used on EnergyGuide 
labels for clothes washers, the estimated annual operating cost 
disclosures appearing in the box at the bottom of the labels must be 
derived using the 2000 Representative Average Unit Costs for 
electricity (8.03 cents per kilo Watt-hour) and natural gas (68.8 cents 
per therm), and the text below the box must identify the costs as such.

Donald S. Clark,
Secretary.
[FR Doc. 00-11605 Filed 5-10-00; 8:45 am]
BILLING CODE 6750-01-M