[Federal Register Volume 68, Number 188 (Monday, September 29, 2003)]
[Rules and Regulations]
[Pages 55820-55822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24570]


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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 minor, technical 
changes to the requirements for EnergyGuide labels for dishwashers to 
conform the labels to a new test procedure published by the Department 
of Energy (``DOE'') on August 29, 2003 (68 FR 51887).

EFFECTIVE DATE: The amendments become effective on February 25, 2004.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, Attorney, Division of 
Enforcement, Federal Trade Commission, Washington, DC 20580 (202) 326-
2889.

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 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 
``EnergyGuide'' 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.

I. Recent DOE Test Procedure Change

    On August 29, 2003, DOE published amendments to the test procedure 
manufacturers must use to determine the energy use of their dishwashers 
(68 FR 51887). The DOE amendments provide a new test procedure for 
testing the energy consumption of soil-sensing models, requires that 
manufacturers include the measurement of standby power consumption in 
cost and energy use for all dishwashers, and add new specifications for 
instrumentation requirements. Manufacturers may begin using this 
amended test procedure on September 29, 2003 and must use it for energy 
representations by February 25, 2004.\2\ The amended DOE test procedure 
also changes the number of annual cycles used to estimate the energy 
consumption of a dishwasher in one year. The amendments reduce that 
number from 264 to 215 cycles per year (correlating to about 4 
washloads per week).
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    \2\ Under EPCA, all energy use representations (including 
information on the EnergyGuide labels) must reflect the amended test 
procedure beginning 180 days after DOE prescribes the change in the 
procedure (i.e., the date the rule is published in the Federal 
Register). 42 U.S.C. 6293(c).

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[[Page 55821]]

    As a result of this change, the Commission must amend the required 
explanatory information on the EnergyGuide labels for dishwashers. 
Currently, section 305.11(a)(5)(i)(H)(2) of the Rule requires 
dishwasher labels to state ``five washloads a week'' as a basis for the 
energy use and annual operating cost information on the label. The 
Commission is amending that language to read ``four washloads a week'' 
to reflect the new 215 cycles per year figure required by the amended 
test procedure. Pursuant to 42 U.S.C. 6293(c)(2), all dishwasher labels 
for units produced after February 25, 2004 (i.e., 180 days after 
publication of DOE's amendment) must reflect the results of the new DOE 
test procedure. Accordingly, the effective date of the Commission's 
amendment is February 25, 2004. Manufacturers, however, may begin using 
the reference to four washloads per week when they start using the 
results from the amended test procedure on their labels.\3\ This will 
ensure that the reference to washloads on the label is consistent with 
the test used by the manufacturer.
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    \3\ See 68 FR at 51888. On August 11, 2003 (68 FR 47449), the 
Commission published new ranges of comparability for standard 
capacity dishwashers. Manufacturers must use these ranges on labels 
by November 10, 2003. Under 42 U.S.C. 6296(c), the ``Commission may 
not require labels be changed to reflect the revised tables of 
ranges more often than annually.'' Accordingly, the Commission will 
not be able to require new ranges to reflect the new test procedure 
results until November 10, 2004.
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II. Administrative Procedure Act

    The amendments published in this notice involve minor, technical 
conforming changes to the labeling requirements in the Rule. The minor 
or conforming amendments require changes to the EnergyGuide label so 
that the information is accurate and reflects recent DOE changes 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)).

III. 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.

IV. Paperwork Reduction Act

    In a June 13, 1988 notice (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.\4\ 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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    \4\ 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.


0
Accordingly, 16 CFR Part 305 is amended as follows:

PART 305--[AMENDED]

0
1. The authority citation for Part 305 continues to read as follows:

    Authority: 42 U.S.C. 6294.


0
2. Section 305.11(a)(5)(i)(H)(2) is amended to read as follows:


Sec.  305.11  Labeling for covered products.

* * * * *
    (a) * * *
    (5) * * *
    (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 [4 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.
* * * * *


0
3. Appendix L is amended by revising Sample Label 4 of part 305 to read 
as follows:

[[Page 55822]]

[GRAPHIC] [TIFF OMITTED] TR29SE03.061


    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 03-24570 Filed 9-26-03; 8:45 am]
BILLING CODE 6750-01-P