[Federal Register Volume 67, Number 139 (Friday, July 19, 2002)]
[Rules and Regulations]
[Pages 47443-47446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18114]
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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 (``Commission'') amends its
Appliance Labeling Rule (``Rule'') by publishing new ranges of
comparability to be used on required labels for standard and compact
dishwashers. The Commission is also publishing minor and conforming
changes to the requirements for EnergyGuide labels for dishwashers.
EFFECTIVE DATES: The amendments to Sec. 305.11, Appendix C2 to part 305
(ranges for standard-size dishwashers), and Appendix L to part 305 will
become effective September 17, 2002. The amendments to Appendix C1 to
part 305 establishing new ranges of comparability for compact
dishwashers will become effective March 22, 2003.
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 (``EPCA'').\1\ The Rule
covers several categories of major household appliances including
dishwashers.
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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 to
disclose specific energy consumption or efficiency information (derived
from the DOE test procedures) at the point of sale in the form of an
``Energy Guide'' label and in catalogs. 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 on
labels consistent with these changes, 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 dishwashers are usually due June 1. For reasons
detailed in the Federal Register on May 17, 2002 (67 FR 35006), this
submission date was changed to June 17 for 2002 submissions.
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I. 2002 Dishwasher Data
A. New Ranges
The Commission has analyzed the annual data submissions for
dishwashers. The data submissions show significant change in the high
or low ends of the range of comparability scale for standard and
compact models.\3\ Accordingly, the Commission is publishing new ranges
of comparability for standard and compact dishwashers. These new ranges
of comparability
[[Page 47444]]
supersede the current ranges for compact-sized dishwashers (Appendix
C1), which were published on September 28, 2001, and for standard
dishwashers (Appendix C2), which were published on August 25, 1997. As
of the effective date of these new ranges, manufacturers of these
dishwashers must base the disclosures of estimated annual operating
cost required at the bottom of EnergyGuide labels for compact-sized
dishwashers on the 2002 Representative Average Unit Costs of Energy for
electricity (8.28 cents per Kilo Watt-hour) and natural gas (65.6 cents
per therm) that were published by DOE on April 24, 2002 (67 FR 20104)
and by the Commission on June 7, 2002 (67 FR 39269).
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\3\ The Commission's classification of ``Standard'' and
``Compact'' dishwashers is based on internal load capacity. 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. The Rule requires that place settings be determined in
accordance with appendix C to 10 CFR Part 430, subpart B, of DOE's
energy conservation standards program.
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B. Effective Dates
Section 326(c) of EPCA states that the Commission cannot require
that labels be changed more often than annually to reflect changes in
the ranges of comparability.\4\ Because the effective date of the
Federal Register document establishing the current ranges of
comparability for compact-sized dishwashers was March 22, 2002, the
effective date of today's revised ranges of comparability for compact-
sized dishwashers will be March 22, 2003. All other amendments
announced in this document, including the changes to the range for
standard dishwashers in Appendix C2, will become effective September
17, 2002.
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\4\ 42 U.S.C. 6296(c).
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II. Labeling Under the New DOE Test Procedure
On December 18, 2001 (66 FR 65094), DOE published amendments to the
test procedure that manufacturers must use to determine the energy use
of their dishwashers. This new test became effective June 17, 2002.
Among other things, the amended DOE test procedure reduces the number
of annual cycles manufacturers must use in calculating their
dishwashers' energy consumption. These changes uniformly have decreased
the disclosed energy consumption for dishwashers. Under EPCA, all
energy use representations (including information on the EnergyGuide
labels) must reflect the amended test procedure beginning 180 days
after the change in the procedure is prescribed (i.e., June 17,
2002).\5\ In a May 17, 2002 document (67 FR 35006), however, the
Commission announced that it does not expect manufacturers to change
their labels this year to reflect the amended test procedure until
after the Commission publishes new ranges of comparability based on the
new DOE test. In other words, the Commission is exercising discretion
to not take law enforcement action against manufacturers that have
waited to account for the new test procedure on their labels until the
Commission provided notice about new ranges for dishwashers. In this
document, the Commission has now published new ranges of comparability.
Accordingly, manufacturers now have the necessary information to label
their products to reflect the products' energy use based on the results
of the new test procedures and the new ranges of comparability (also
based on data derived from the new test procedure).
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\5\ 42 U.S.C. 6293(c).
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III. Minor, Conforming Changes to the EnergyGuide Label
The new ranges published here and the new DOE test procedure also
require a change to the explanatory information provided on EnergyGuide
labels for dishwashers. Currently, Sec. 305.11(a)(5)(i)(H)(2) of the
Rule requires dishwasher labels to contain language indicating that the
information on the label is based on ``six washloads a week.'' Because
the new DOE test procedure requires manufacturers to assume 264 cycles
per year instead of 322 in their calculation, the explanatory language
on the EnergyGuide label must now be changed to state that the
information is based on ``five washloads'' a week. The Commission is
amending the requirements in Sec. 305.11 and sample label 4 in Appendix
L to effect these minor and conforming changes. The Commission is also
amending cost information in sample label 4 to reflect this year's
energy cost information as published by DOE (67 FR 20104) and the
Commission (67 FR 39269).
IV. Administrative Procedure Act
The amendments published in this document involve routine,
technical and minor, or conforming changes to the labeling requirements
in the Rule. These technical amendments merely provide a routine change
to the range information required on EnergyGuide labels. The minor or
conforming amendments require changes to the EnergyGuide label so that
the information is accurate and reflects recent changes that DOE has
made to the test procedures for these products. Accordingly, the
Commission finds for good cause that public comment for these
technical, procedural amendments is impractical and unnecessary (5
U.S.C. 553(b)(A)(B) and (d)).
V. 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.
These technical amendments merely provide a routine change to the range
information required on EnergyGuide labels. 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.
VI. Paperwork Reduction Act
In a June 13, 1988 document (53 FR 22106), the Commission stated
that the Rule contains disclosure and reporting requirements that
constitute ``information collection requirements'' as defined by 5 CFR
1320.7(c), the regulation that implements the Paperwork Reduction
Act.\6\ The Commission noted that the Rule had been reviewed and
approved in 1984 by the Office of Management and Budget (``OMB'') and
assigned OMB Control No. 3084-0068. OMB has reviewed the Rule and
extended its approval for its recordkeeping and reporting requirements
until September 30, 2004. The amendments now being adopted do not
change the substance or frequency of the recordkeeping, disclosure, or
reporting requirements and, therefore, do not require further OMB
clearance.
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\6\ 44 U.S.C. 3501-3520.
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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. Section 305.11(a)(5)(i)(H)(2) is revised to read as follows:
Sec. 305.11 Labeling for covered products.
(a) * * *
(5) * * *
[[Page 47445]]
(i) * * *
(H) * * *
(2) For clothes washers and dishwashers, the statement will read as
follows (fill in the blanks with the appropriate appliance name, the
operating cost, the number of loads per week, the year, and the energy
cost figures):
[Clothes Washers, or Dishwashers] using more energy cost more to
operate. This model's estimated yearly operating cost is: [Electric
cost figure will be boxed] when used with an electric water heater
[Gas cost figure will be boxed] when used with a natural gas water
heater.
Based on [5 washloads a week for dishwashers, or 8 washloads a
week for clothes washers], and a [Year] U.S. Government national
average cost of $---- per KWh for electricity and $---- per therm
for natural gas. Your actual operating cost will vary depending on
your local utility rates and your use of the product.
* * * * *
3. Appendix to Part 305 is revised 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 (k Wh/yr.)
Capacity Compact ----------------------------------
Low High
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Compact.............................. 176 176
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Cost Information
When the above ranges of comparability are used on Energy Guide
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 2002 Representative Average Unit Costs for
electricity (8.28[cent] per kilo Watt-hour) and natural gas
(65.6[cent] per therm), and the text below the box must identify the
costs as such.
* * * * *
4. Appendix C2 to Part 305 is revised to read as follows:
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 (k Wh/yr.)
Capacity ----------------------------------
Low High
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Standard............................. 312 573
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Cost Information
When the above ranges of comparability are used on Energy Guide
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 2002 Representative Average Unit
Costs for electricity (8.28[cent] per kilo Watt-hour) and natural
gas (65.6[cent] per therm), and the text below the box must identify
the costs as such.
5. Appendix L to part 305 is amended by revising Sample Label 4 to
read as follows:
Appendix L to Part 305--Sample Labels
* * * * *
BILLING CODE 6750-01-M
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[GRAPHIC] [TIFF OMITTED] TR19JY02.010
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 02-18114 Filed 7-18-02; 8:45 am]
BILLING CODE 6750-01-C