[Federal Register Volume 69, Number 205 (Monday, October 25, 2004)]
[Rules and Regulations]
[Page 62180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23820]


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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'') announces that 
the current ranges of comparability for refrigerators, refrigerator-
freezers, and freezers will remain in effect until further notice.

DATES: Effective January 24, 2004.

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

SUPPLEMENTARY INFORMATION: The Appliance Labeling Rule (``Rule'') was 
issued by the Commission in 1979, 44 FR 66466 (November 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 refrigerators, refrigerator-freezers, 
and freezers.
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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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I. Background

    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, fact sheets (for some appliances), 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 similar to the labeled model. The Rule also requires 
manufacturers to include, on labels for some products, including those 
that are the subject of this notice, 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 refrigerators, refrigerator-freezers, and 
freezers are due August 1.
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II. 2004 Refrigerator Data

    The annual submissions of data for refrigerators, refrigerator-
freezers, and freezers have been made and analyzed by the Commission. 
The ranges of comparability for the products have not changed 
significantly for these products.\3\ Therefore, the current ranges for 
these products (16 CFR Part 305, Appendices A1 through A8 and B1 
through B3) will remain in effect until further notice.\4\
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    \3\ The Commission's analysis excluded models with energy 
consumption figures that do not meet the current DOE energy 
conservation standards. See 62 FR 23102 (April 28, 1997).
    \4\ See November 19, 2001 (66 FR 57867), November 26, 2001 (66 
FR 59050), December 10, 2001 (66 FR 63749), January 29, 2002 (67 FR 
4173), and November 21, 2003 (68 FR 65631).
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List of Subjects in 16 CFR Part 305

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

0
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. 04-23820 Filed 10-24-04; 8:45 am]
BILLING CODE 6750-01-M