[Federal Register Volume 65, Number 205 (Monday, October 23, 2000)]
[Rules and Regulations]
[Pages 63201-63202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27157]


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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 (``the Commission'') amends its 
Appliance Labeling Rule (``the Rule'') by publishing new ranges of 
comparability to be used on required labels for refrigerator-freezers 
with automatic defrost with top-mounted freezers with through-the-door 
ice service (Appendix A7). The Commission also announces that the 
current (1998) ranges of comparability for all other categories of 
refrigerators, refrigerator-freezers, and freezers (Appendices A1 
through A6, Appendix A8, and Appendices B1 through B3 to the Rule), 
which were published on December 2, 1998 (63 FR 66428), will remain in 
effect until further notice.

EFFECTIVE DATE: January 22, 2001.

FOR FURTHER INFORMATION CONTACT: James Mills, Attorney, Division of 
Enforcement, Federal Trade Commission, Washington, DC 20580 (202-326-
3035); [email protected]>>.

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: Refrigerators and refrigerator-freezers, freezers, 
dishwashers, clothes washers, water heaters (this category includes 
storage-type water heaters, 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 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 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 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 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. 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 15% or more. Otherwise, the 
Commission publishes a statement that the prior ranges remain in effect 
for the next year.
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    \2\ Reports for refrigerators, refrigerator-freezers, and 
freezers are due August 1.
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    The Commission has analyzed the 2000 submissions of data for 
refrigerators, refrigerator-freezers, and freezers, and has determined 
that the upper and lower limits of the ranges for refrigerator-freezers 
with automatic defrost with top-mounted freezers with through-the-door 
ice service (Appendix A7) have changed significantly. Therefore, the 
Commission is publishing new ranges of comparability for those 
products.
    The Commission also has determined that the ranges of comparability 
for all other categories of refrigerators, refrigerator-freezers, and 
freezers (Appendices A1 through A6, Appendix A8, and Appendices B1 
through B3 to the Rule) have not changed significantly. Therefore, the 
Commission is announcing that the current (1998) ranges for those 
products, which were published on December 2, 1998 (63 FR 66428), will 
remain in effect until further notice.
    Today's publication of the new ranges for refrigerator-freezers 
with automatic defrost with top-mounted freezers with through-the-door 
ice service also means that, after January 22, 2001, manufacturers of 
these products must calculate the operating cost figures at the bottom 
of labels for the products using the 2000 cost for electricity (8.03 
cents per kiloWatt-hour). Manufacturers must continue to calculate the 
operating costs at the bottom of labels for all other refrigerators, 
refrigerator-freezers, and freezers using the 1998 cost for electricity 
(8.42 cents per kiloWatt-hour), which was the cost for electricity that 
was in effect at the time the current (1998) ranges were published.

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:

[[Page 63202]]

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'')

    1. The authority citation for Part 305 continues to read as 
follows:

    Authority: 42 U.S.C. 6294.

    2. Appendix A7 to Part 305 is revised to read as follows:

Appendix A7 to Part 305--Refrigerator-Freezers With Automatic Defrost 
With Top-Mounted Freezer With Through-the-Door Ice Service

                            Range Information
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                                                     Range of estimated
                                                        annual energy
 Manufacturer's rated total refrigerated volume in   consumption  (KWh/
                    cubic feet                              Yr.)
                                                   ---------------------
                                                       Low        High
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Less than 10.5....................................        502        511
10.5 to 12.4......................................        544        544
12.5 to 14.4......................................        544        624
14.5 to 16.4......................................        642        642
16.5 to 18.4......................................        (*)        (*)
18.5 to 20.4......................................        (*)        (*)
20.5 to 22.4......................................        680        840
22.5 to 24.4......................................        (*)        (*)
24.5 to 26.4......................................        905        905
26.5 to 28.4......................................        (*)        (*)
28.5 and over.....................................        (*)       (*)
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(*) No data submitted for units meeting the Department of Energy's
  Energy Conservation Standards effective January 1, 1993.


    By direction of the Commission.
Benjamin I. Berman,
Acting Secretary.
[FR Doc. 00-27157 Filed 10-20-00; 8:45 am]
BILLING CODE 6750-01-M