[Federal Register: November 21, 2003 (Volume 68, Number 225)]
[Rules and Regulations]
[Page 65631-65632]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no03-2]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
EFFECTIVE DATES: February 19, 2004.
FOR FURTHER INFORMATION CONTACT: Hampton Newsome, Attorney, Division of
Enforcement, Federal Trade Commission, Washington, DC 20580, (202-326-2889); hnewsome@ftc.gov.
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
refrigerators, refigerator-freezers, and freezers.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
[[Page 65632]]
will publish a statement that the prior ranges remain in effect for the
next year.
---------------------------------------------------------------------------
\2\ Reports for refrigerators, refrigerator-freezers, and
freezers are due August 1.
---------------------------------------------------------------------------
II. 2003 Refrigerator Information
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\
---------------------------------------------------------------------------
\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), and January 29, 2002 (67
FR 4173).
---------------------------------------------------------------------------
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. 03-29101 Filed 11-20-03; 8:45 am]
BILLING CODE 6750-01-M