Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Rules and Regulations 45371 

Costs of Compliance 

There are about 116 airplanes of the 

affected design in the worldwide fleet. 

This AD will affect about 21 airplanes 

of U.S. registry. The required actions 

will take about 2 work hours per 

airplane, at an average labor rate of $80 

per work hour. Required parts will cost 

about $8 per airplane. Based on these 

figures, the estimated cost of the AD for 

U.S. operators is $3,528, or $168 per 

airplane. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

See the ADDRESSES section for a location 

to examine the regulatory evaluation. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2006–16–09 McDonnell Douglas: 

Amendment 39–14709. Docket No. 

FAA–2006–24866; Directorate Identifier 

2006–NM–105–AD. 

Effective Date 

(a) This AD becomes effective September 

13, 2006. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all McDonnell 

Douglas Model MD–90–30 airplanes, 

certificated in any category. 

Unsafe Condition 

(d) This AD results from fuel system 

reviews conducted by the manufacturer. We 

are issuing this AD to prevent arcing on the 

in-tank side of the fueling valve during a 

lightning strike, which could result in an 

ignition source that could ignite fuel vapor 

and cause a fuel tank explosion. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Installation 

(f) Within 60 months after the effective 

date of this AD: Install a clamp, bonding 

jumper assembly, and attaching hardware to 

the refueling manifold in the right wing 

refueling station area, by doing all of the 

actions specified in the Accomplishment 

Instructions of Boeing Service Bulletin 

MD90–28–011, dated May 16, 2005. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, Los Angeles Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19. 

(2) Before using any AMOC approved in 

accordance with § 39.19 on any airplane to 

which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

Material Incorporated by Reference 

(h) You must use Boeing Service Bulletin 

MD90–28–011, dated May 16, 2005, to 

perform the actions that are required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference of this document 

in accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. Contact Boeing Commercial 

Airplanes, Long Beach Division, 3855 

Lakewood Boulevard, Long Beach, California 

90846, Attention: Data and Service 

Management, Dept. C1–L5A (D800–0024), for 

a copy of this service information. You may 

review copies at the Docket Management 

Facility, U.S. Department of Transportation, 

400 Seventh Street, SW., Room PL–401, 

Nassif Building, Washington, DC; on the 

Internet at http://dms.dot.gov; or at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at the NARA, 

call (202) 741–6030, or go to http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on July 27, 

2006. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E6–12828 Filed 8–8–06; 8:45 am] 

BILLING CODE 4910–13–P 

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’’) is 

amending the Appliance Labeling Rule 

(‘‘Rule’’) by publishing new ranges of 

comparability for room air conditioners. 

The Commission also announces that 

the current ranges of comparability 

required by the Rule for water heaters, 

furnaces, boilers, dishwashers, and pool 

heaters will remain in effect until 

further notice. 

DATES: The amendments published in 

this notice are effective November 7, 

2006. 

FOR FURTHER INFORMATION CONTACT: 

Hampton Newsome, Attorney, 202–326–

2889, Division of Enforcement, Bureau 


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45372 Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Rules and Regulations 

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. 

2Annual reports for water heaters, room air 

conditioners, furnaces, boilers, and pool heaters are 

due May 1. Annual reports for dishwashers are due 

June 1. 

3Unlike DOE requirements (see 10 CFR 430.32), 

FTC labeling rules do not have separate room air 

conditioner categories for casement-only and 

casement-slider models. Accordingly, the FTC 

ranges of comparability for many room air 

conditioner categories are based on data that 

include the efficiency ratings of these specialized 

model types. In some cases, the minimum DOE 

efficiency standards for casement models are lower 

than that allowed for other room air conditioner 

models. 

4 44 U.S.C. 3501–3520. 

of Consumer Protection, Federal Trade 

Commission, Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: The 

Commission issued the Appliance 

Labeling Rule (‘‘Rule’’) 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 

water heaters, room air conditioners, 

furnaces, boilers, dishwashers, and pool 

heaters. 

I. Background 

The Rule requires manufacturers of all 

covered appliances to disclose specific 

energy consumption or efficiency 

information derived from Department of 

Energy (‘‘DOE’’) test procedures at the 

point of sale in the form of an 

‘‘EnergyGuide’’ label, in 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 similar 

models. 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 energy 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.2 These 

reports, which 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 DOE test 

procedures. Because manufacturers 

regularly add new models to their lines, 

improve existing models, and 

discontinue others, the data base from 

which the ranges of comparability are 

calculated changes constantly. To keep 

the information on labels up-to-date, the 

Commission, therefore, publishes new 

ranges if 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 for the next year. 

II. New Ranges for Room Air 

Conditioners 

The 2006 manufacturer data for room 

air conditioners indicates that ranges of 

comparability for room air conditioners 

have changed significantly since the 

Commission last amended the ranges in 

1995. Accordingly, the Commission is 

amending the range for room air 

conditioners in Appendix E of the Rule. 

The new ranges of comparability for 

room air conditioners supersede the 

current ranges, which were published 

on November 13, 1995 (60 FR 56945). 

Room air conditioner manufacturers 

must base the disclosures of estimated 

annual operating cost required at the 

bottom of EnergyGuide labels for these 

products on the 2006 Representative 

Average Unit Costs of Energy for 

electricity (9.81 cents per kiloWatt-hour) 

that were published by DOE on March 

11, 2005 (71 FR 9806).3

III. Review of 2005 Data Submissions 

for Water Heaters, Dishwashers, 

Furnaces, Boilers, and Pool Heaters 

Manufacturers have also submitted 

data for water heaters (including 

storage-type, gas-fired instantaneous, 

and heat pump water heaters), 

dishwashers, furnaces (including 

boilers), and pool heaters. The ranges of 

comparability for these products have 

not changed significantly. Therefore, the 

current ranges will remain in effect until 

further notice. Manufacturers should 

continue to base their cost disclosures 

on estimated annual operating costs 

specified in the applicable Appendices 

to the Rule. 

IV. Administrative Procedure Act 

The amendments published in this 

notice 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 and cost 

information required on EnergyGuide 

labels. 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 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 December 31, 2007. 

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. 

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: 

Authority: 42 U.S.C. 6294. 


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Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Rules and Regulations 45373 

2. Appendix E to part 305 is revised to 

read as follows: 

APPENDIX E TO PART 305.—ROOM AIR CONDITIONERS

[Range Information] 

Manufacturer’s rated cooling capacity in Btu’s/yr 

Range of energy efficiency 

ratios (EERs) 

Low High 

Without Reverse Cycle and with Louvered Sides: 

Less than 6,000 Btu ......................................................................................................................................... 9.7 11.2 

6,000 to 7,999 Btu ............................................................................................................................................ 8.7 11.5 

8,000 to 13,999 Btu .......................................................................................................................................... 8.5 12.0 

14,000 to 19,999 Btu ........................................................................................................................................ 8.5 11.5 

20,000 and more Btu ........................................................................................................................................ 8.5 9.9 

Without Reverse Cycle and without Louvered Sides: 

Less than 6,000 Btu ......................................................................................................................................... (*) (*) 

6,000 to 7,999 .................................................................................................................................................. 9.0 10.0 

8,000 to 13,999 Btu .......................................................................................................................................... 8.5 10.5 

14,000 to 19,999 Btu ........................................................................................................................................ 9.0 9.0 

20,000 and more Btu ........................................................................................................................................ (*) (*) 

With Reverse Cycle and with Louvered Sides ........................................................................................................ 9.0 12.0 

With Reverse Cycle, without Louvered Sides ......................................................................................................... 8.5 10.0 

* No data submitted for units meeting Federal Minimum Efficiency Standards effective October 1, 2000. 

Cost Information for Appendix E 

When the ranges of comparability in 

Appendix E are used on EnergyGuide labels 

for room air conditioners, the estimated 

annual operating cost disclosure appearing in 

the box at the bottom of the labels must be 

derived using the 2006 Representative 

Average Unit Costs for electricity (9.81¢ per 

kiloWatt-hour) and the text below the box 

must identify the costs as such 

■ 3. Sample Label 6 of Appendix L to 

Part 305 is revised to read as follows: 

Appendix L to Part 305—Sample Labels 

* * * * * 

BILLING CODE 6750–01–P 


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Sample Label 6 

* * * * * 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 06–6814 Filed 8–8–06; 8:45 am] 

BILLING CODE 6750–01–C 


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