[Federal Register: March 24, 1998 (Volume 63, Number 56)] [Rules and Regulations] [Page 14034-14035] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr24mr98-6] ======================================================================= ----------------------------------------------------------------------- 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: Notice of continuing effect. ----------------------------------------------------------------------- SUMMARY: The Federal Trade Commission (``Commission'') announces that the current, 1995 ranges of comparability for refrigerators, refrigerator-freezers, and freezers will remain in effect until new ranges of comparability are published for these products. The Commission also announces that manufacturers must continue to base the disclosures of estimated annual operating cost required at the bottom of EnergyGuides for refrigerators, refrigerator-freezers, and freezers on the 1995 Representative Average Unit Costs of Energy for electricity (8.67 cents per kilowatt-hour) that was published by the Department of Energy (``DOE'') on January 5, 1995 (60 FR 1773), and by the Commission on February 17, 1995 (60 FR 9295). EFFECTIVE DATE: March 24, 1998. FOR FURTHER INFORMATION CONTACT: James Mills, Attorney, Division of Enforcement, Federal Trade Commission, Washington, D.C. 20580 (202-326- 3035). 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 (42 U.S.C. 6294).\1\ The Rule covers eight categories of major household appliances: Refrigerators and refrigerator-freezers, freezers, dishwashers, clothes washers, water heaters, room air conditioners, furnaces, and central air conditions. 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)). --------------------------------------------------------------------------- \1\ The statute also requires 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. --------------------------------------------------------------------------- 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 Sec. 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 more than 15%. Otherwise, the Commission publishes a statement that the prior ranges remain in effect until new ranges of comparability are published. --------------------------------------------------------------------------- \2\ Reports for refrigerators, refrigerator-freezers, and freezers are due August 1. --------------------------------------------------------------------------- The annual submissions of data for refrigerators, refrigerator- freezers, and freezers have been made and have been analyzed by the Commission. The ranges of comparability for these products have not changed by more than 15% from the current ranges for refrigerators, refrigerator-freezers, and freezers, which were published on November 13, 1995, and became effective on February 12, 1996 (60 FR 56945). Therefore, the current ranges will remain in effect until new ranges of comparability are published for refrigerators, refrigerator-freezers, and freezers. As of the effective date of the current ranges (February 12, 1996), the disclosures of estimated annual operating cost required at the bottom of EnergyGuides for refrigerators, refrigerator-freezers, and freezers must be based on the 1995 Representative Average Unit Costs of Energy for electricity (8.67 cents per kilowatt-hour) that was published by DOE on January 5, 1995 (60 FR 1773), and by the Commission on February 17, 1995 (60 FR 9295). Because the current ranges will remain in effect until new ranges are published, this requirement to use the 1995 DOE cost for electricity (8.67 cents per kilowatt-hour) also will remain in effect until new ranges of comparability are published for refrigerators, refrigerator-freezers, and freezers. List of Subjects in 16 CFR Part 305 Advertising, Energy conservation, Household appliances, Labeling, Reporting and recordkeeping requirements. Authority The authority citation for Part 305 continues to read as follows: Authority: 42 U.S.C. 6294. [[Page 14035]] By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 98-7596 Filed 3-23-98; 8:45 am] BILLING CODE 6750-01-M