[Federal Register Volume 67, Number 71 (Friday, April 12, 2002)]
[Rules and Regulations]
[Pages 17936-17937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8859]


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FEDERAL TRADE COMMISSION

16 CFR Part 305

RIN 3084-0069


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 (``Commission'') announces that 
the current ranges of comparability for clothes washers will remain in 
effect until further notice. Under the Appliance Labeling Rule 
(``Rule''), each required label on a covered appliance must show a 
range, or scale, indicating the range of energy costs or efficiencies 
for all models of a size or capacity comparable to the labeled model. 
The Commission publishes the ranges annually in the Federal Register if 
the upper or lower limits of the range change by 15% or more from the 
previously published range. If the Commission does not publish a 
revised range, it must publish a notice that the prior range will apply 
until new ranges are published. The Commission is today announcing that 
the ranges published on May 11, 2000 will remain in effect until new 
ranges are published.

EFFECTIVE DATE: April 12, 2002.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, Attorney, Division of 
Enforcement, Federal Trade Commission, Washington, DC 20580 (202-326-
2889); [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, including clothes washers. 
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 mode. The Rule also requires manufacturers to include,

[[Page 17937]]

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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    The annual reports for clothes washers have been received and 
analyzed by the Commission. The ranges of comparability for clothes 
washers have not changed by more than 15% from the current ranges for 
this product category. Therefore, the current ranges for clothes 
washers, published on May 11, 2000 (65 FR 30351), will remain in 
effect. Manufacturers must continue to 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 (65 FR 5860), and by the Commission on April 17, 2000 
(65 FR 20352).
    For up-to-date tables showing current range and cost information 
for all covered appliances, see the Commission's Appliance Labeling 
Rule web page at http://www.ftc.gov/appliances.

List of Subjects in 16 CFR Part 305

    Advertising, Energy conservation, Household appliances, Labeling, 
Reporting and recordkeeping requirements.

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

    Authority: 42 U.S.C. 6294.

By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 02-8859 Filed 4-11-02; 8:45 am]
BILLING CODE 6750-01-M