Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Federal Trade Commission 16 CFR Part 305
 AGENCY: Federal Trade Commission.
 ACTION: Final rule.
 SUMMARY: The Federal Trade Commission (“Commission”) is amending the Appliance Labeling Rule to update ranges of comparability for compact clothes washers, refrigerators, refrigerator-freezers, and freezers. In addition, the Commission announces that ranges of comparability for standard clothes washers will remain in effect until further notice. Finally, the Commission is issuing minor, technical amendments to update the definition of medium base compact fluorescent lamp and to correct a sample heat pump label in the Rule.
 EFFECTIVE DATE: May 1, 2006.
 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 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 (“EPCA”).[1]
                    
                     The Rule covers several categories of major household appliances including refrigerators, refrigerator-freezers, and freezers. 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, 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 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.[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 the 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. 2005 Refrigerator and Clothes Washer Data The Commission has analyzed the annual submissions of data for clothes washers, refrigerators, refrigerator-freezers, and freezers. Analysis of the refrigerators, refrigerator-freezers, and freezers submissions indicates that the ranges for these products have changed significantly.[3]
                    
                     Therefore, the Commission is publishing new ranges of comparability in these categories. Today's publication of the new ranges for refrigerators, refrigerator-freezers, and freezers also means that, after May 1, 2006, manufacturers of these products must calculate the operating cost figures at the bottom of labels for the products using the 2005 cost for electricity (9.06 cents per kilowatt-hour) (see 70 FR 32484 (June 3, 2005)). Analysis of the clothes washer submissions indicate that there has been a significant change in the range for compact clothes washers but no significant change for standard clothes washers. Manufacturers should continue to use the existing range and energy cost information found in the Rule for standard clothes washers. The Commission, however, is amending the required range of comparability for compact clothes washers to reflect the new data.[4]
                    
                     The Commission is not changing the energy cost figures (
                    *i.e.*, the average national prices for electricity and natural gas) that manufacturers must use to calculate estimated operating costs on compact clothes washer labels. Manufacturers should continue to use the 2004 electricity and natural gas cost figures as currently required by the Rule for both compact and standard models. If standard and compact washer labels employed different energy cost figures for calculating operating costs, models with the identical energy consumption would bear labels disclosing different annual operating costs. This could cause consumer confusion and make it difficult for consumers to compare the operating costs of these washer types. III. Definition of Medium Base Compact Fluorescent Lamp The Energy Policy Act of 2005 (EPACT of 2005) (Pub. L. 109-58) amended the definition of “medium base compact fluorescent lamp” in part B of title III of the Energy Policy and Conservation Act (EPCA) (42 U.S.C. 6291-6309). On October 18, 2005 (70 FR 60407), DOE issued technical amendments to change, among other things, the regulatory definition of “medium base compact fluorescent lamp” to make it consistent with the amended Act. The Commission is changing the definition of this term in its Rule so that it is consistent with DOE's rules and the new statutory definition. IV. Correction to Prototype Label 5 and Sample Label 9 The Commission is issuing a correction to Prototype Label 5 and Sample Label 9 in the Rule. The word “cooling,” instead of “heating,” was incorrectly placed in the label's depiction of the model's Heating Seasonal Performance Factor. In 
                    ( print page 4984)
                    addition, the description of the Seasonal Energy Efficiency Ratio (SEER) for heat pumps has been changed to remove an erroneous reference to central air conditioners. V. 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 and fact sheets and technical corrections to the Rule. 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)). VI. 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 and make technical corrections to the Rule. 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. VII. 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.[5]
                    
                     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. VIII. Amendments List of Subjects in 16 CFR Part 305 Advertising
Energy conservation
Household appliances
Labeling
Reporting and recordkeeping requirements
 For the reasons stated in this document, the Federal Trade Commission is amending 16 CFR part 305 as set forth below: 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”)
 1.The authority citation for part 305 continues to read as follows: Authority:
                        42 U.S.C. 6294. 2.In § 305.3, paragraph (l) is revised to read as follows: § 305.3
  
 (l) 
                            *Medium base compact fluorescent lamp*
                             means an integrally ballasted fluorescent lamp with a medium screw base, a rated input voltage range of 115 to 130 volts and which is designed as direct replacement for a general service incandescent lamp; however, the term does not include— (1) Any lamp that is— (i) Specifically designed to be used for special purpose applications; and (ii) Unlikely to be used in general purpose applications, such as the applications described in the definition of “General Service Incandescent Lamp” in this section; or (2) Any lamp not described in the definition of “General Service Incandescent Lamp” in this section that is excluded by the Department of Energy, by rule, because the lamp is— (i) Designed for special applications; and (ii) Unlikely to be used in general purpose applications.
 3.Appendix A1 to part 305 is revised to read as follows: Appendix A1 to Part 305—Refrigerators With Automatic Defrost Range Information
Manufacturer's rated total refrigerated 
                                 volume  
                                 (in cubic feet)
Range of estimated annual energy 
                                 consumption  
                                 (kWh/yr)Low
HighLess than 2.5
327
3272.5 to 4.4
307
3854.5 to 6.4
305
5116.5 to 8.4
(*)
(*)8.5 to 10.4
348
34810.5 to 12.4
(*)
(*)12.5 to 14.4
311
31114.5 to 16.4
428
42816.5 and over
372
438(*) No data submitted for units meeting the Department of Energy's Energy Conservation Standards effective July 1, 2001.
 4.Appendix A2 to part 305 is revised to read as follows: Appendix A2 to Part 305—Refrigerators and Refrigerator-Freezers With Manual Defrost Range Information
Manufacturer's rated total refrigerated
                                 volume  
                                 (in cubic feet)
Range of estimated annual energy
                                 consumption 
                                 (kWh/yr)Low
HighLess than 2.5
253
3182.5 to 4.4
260
3434.5 to 6.4
268
3576.5 to 8.4
277
2778.5 to 10.4
230
33610.5 to 12.4
288
34512.5 to 14.4
(*)
(*)14.5 to 16.4
(*)
(*)16.5 to 18.4
335
40418.5 to 20.4
(*)
(*)20.5 to 22.4
(*)
(*)22.5 to 24.4
449
44924.5 to 26.4
(*)
(*)26.5 to 28.4
(*)
(*)28.5 and over
(*)
(*)(*) No data submitted for units meeting the Department of Energy's Energy Conservation Standards effective July 1, 2001.
 5.Appendix A3 to part 305 is revised to read as follows: ( print page 4985) Appendix A3 to Part 305—Refrigerator-Freezers With Partial Automatic Defrost Range Information
Manufacturer's rated total refrigerated 
                                 volume (in cubic feet)
Range of estimated annual energy 
                                 consumption  
                                 (kWh/yr)Low
HighLess than 10.5
254
43410.5 to 12.4
314
31412.5 to 14.4
(*)
(*)14.5 to 16.4
(*)
(*)16.5 to 18.4
(*)
(*)18.5 to 20.4
(*)
(*)20.5 to 22.4
(*)
(*)22.5 to 24.4
(*)
(*)24.5 to 26.4
(*)
(*)26.5 to 28.4
(*)
(*)28.5 and over
(*)
(*)(*) No data submitted for units meeting the Department of Energy's Energy Conservation Standards effective July 1, 2001.
 6.Appendix A4 to part 305 is revised to read as follows: Appendix A4 to Part 305—Refrigerator-Freezers With Automatic Defrost With Top-Mounted Freezer Without Through-the-Door Ice Service Range Information
Manufacturer's rated total refrigerated 
                                 volume  
                                 (in cubic feet)
Range of estimated annual energy 
                                 consumption  
                                 (kWh/yr)Low
HighLess than 10.5
325
46010.5 to 12.4
369
40812.5 to 14.4
373
44014.5 to 16.4
372
45516.5 to 18.4
391
48418.5 to 20.4
387
48920.5 to 22.4
405
52722.5 to 24.4
450
49924.5 to 26.4
445
52026.5 to 28.4
(*)
(*)28.5 and over
(*)
(*)(*) No data submitted for units meeting the Department of Energy's Energy Conservation Standards effective July 1, 2001.
 7.Appendix A5 to part 305 is revised to read as follows: Appendix A5 to Part 305—Refrigerator-Freezers With Automatic Defrost With Side-Mounted Freezer Without Through-the-Door Ice Service Range Information
Manufacturer's rated total refrigerated 
                                 volume  
                                 (in cubic feet)
Range of estimated annual energy 
                                 consumption  
                                 (kWh/yr)Low
HighLess than 10.5
530
53010.5 to 12.4
(*)
(*)12.5 to 14.4
(*)
(*)14.5 to 16.4
(*)
(*)16.5 to 18.4
(*)
(*)18.5 to 20.4
610
62420.5 to 22.4
510
64022.5 to 24.4
643
65324.5 to 26.4
561
66126.5 to 28.4
668
66828.5 and over
585
689(*) No data submitted for units meeting the Department of Energy's Energy Conservation Standards effective July 1, 2001.
 8.Appendix A6 to part 305 is revised to read as follows: Appendix A6 to Part 305—Refrigerator-Freezers With Automatic Defrost With Bottom-Mounted Freezer Without Through-the-Door Ice Service Range Information
Manufacturer's rated total refrigerated 
                                 volume  
                                 (in cubic feet)
Range of estimated annual energy 
                                 consumption  
                                 (kWh/yr)Low
HighLess than 10.5
430
45110.5 to 12.4
439
50012.5 to 14.4
(*)
(*)14.5 to 16.4
453
54416.5 to 18.4
465
54818.5 to 20.4
476
57320.5 to 22.4
483
56922.5 to 24.4
440
52024.5 to 26.4
465
59426.5 to 28.4
475
53028.5 and over
499
499(*) No data submitted for units meeting the Department of Energy's Energy Conservation Standards effective July 1, 2001.
 9.Appendix A7 to part 305 is revised to read as follows: Appendix A7 to Part 305—Refrigerator-Freezers With Automatic Defrost With Top-Mounted Freezer Without Through-the-Door Ice Service Range Information
Manufacturer's rated total refrigerated 
                                 volume  
                                 (in cubic feet)
Range of estimated annual energy 
                                 consumption  
                                 (kWh/yr)Low
HighLess than 10.5
(*)
(*)10.5 to 12.4
(*)
(*)12.5 to 14.4
(*)
(*)14.5 to 16.4
(*)
(*)16.5 to 18.4
(*)
(*)18.5 to 20.4
(*)
(*)20.5 to 22.4
(*)
(*)22.5 to 24.4
(*)
(*)24.5 to 26.4
(*)
(*)26.5 to 28.4
(*)
(*)28.5 and over
(*)
(*)(*) No data submitted for units meeting the Department of Energy's Energy Conservation Standards effective July 1, 2001.
 10.Appendix A8 to part 305 is revised to read as follows: Appendix A8 to Part 305—Refrigerator-Freezers With Automatic Defrost With Side-Mounted Freezer With Through-the-Door Ice Service Range Information
Manufacturer's rated total refrigerated 
                                 volume  
                                 (in cubic feet)
Range of estimated annual energy 
                                 consumption  
                                 (kWh/yr)Low
HighLess than 10.5
(*)
(*)10.5 to 12.4
(*)
(*)12.5 to 14.4
(*)
(*)14.5 to 16.4
(*)
(*)16.5 to 18.4
(*)
(*)18.5 to 20.4
553
65120.5 to 22.4
432
67122.5 to 24.4
539
69824.5 to 26.4
578
73226.5 to 28.4
615
75128.5 and over
565
790(*) No data submitted for units meeting the Department of Energy's Energy Conservation Standards effective July 1, 2001.
 Cost Information for Appendices A1 Through A8 When the ranges of comparability in Appendices A1 through A8 are used on EnergyGuide labels for refrigerators and refrigerator-freezers, the estimated annual operating cost disclosure appearing in the box at the bottom of the labels must be derived using the 2005 Representative Average Unit Cost for electricity (9.06¢ per kilowatt-hour), and the text below the box must identify the cost as such. 11.Appendix B1 to part 305 is revised to read as follows: ( print page 4986) Appendix B1 to Part 305—Upright Freezers With Manual Defrost Range Information
Manufacturer's rated total refrigerated 
                                 volume  
                                 (in cubic feet)
Range of estimated annual energy 
                                 consumption  
                                 (kWh/yr)Low
HighLess than 5.5
272
3285.5 to 7.4
354
3547.5 to 9.4
292
3419.5 to 11.4
353
39211.5 to 13.4
354
41013.5 to 15.4
409
34115.5 to 17.4
430
47717.5 to 19.4
392
39219.5 to 21.4
512
51221.5 to 23.4
(*)
(*)23.5 to 25.4
580
58025.5 to 27.4
(*)
(*)27.5 to 29.4
477
47729.5 and over
512
512(*) No data submitted for units meeting the Department of Energy's Energy Conservation Standards effective July 1, 2001.
 12.Appendix B2 to Part 305 is revised to read as follows: Appendix B2 to Part 305—Upright Freezers With Automatic Defrost Range Information
Manufacturer's rated total refrigerated 
                                 volume  
                                 (in cubic feet)
Range of estimated annual energy 
                                 consumption  
                                 (kWh/yr)Low
HighLess than 5.5
482
4915.5 to 7.4
(*)
(*)7.5 to 9.4
(*)
(*)9.5 to 11.4
(*)
(*)11.5 to 13.4
575
57513.5 to 15.4
582
65515.5 to 17.4
601
68317.5 to 19.4
635
74219.5 to 21.4
671
77021.5 to 23.4
796
79623.5 to 25.4
855
85525.5 to 27.4
(*)
(*)27.5 to 29.4
683
68329.5 and over
(*)
(*)(*) No data submitted for units meeting the Department of Energy's Energy Conservation Standards effective July 1, 2001.
 13.Appendix B3 to part 305 is revised to read as follows: Appendix B3 to Part 305—Chest Freezers and All Other Freezers Range Information
Manufacturer's rated total refrigerated 
                                 volume  
                                 (in cubic feet
Range of estimated annual energy 
                                 consumption  
                                 (kWh/yr)Low
HighLess than 5.5
185
3575.5 to 7.4
215
3817.5 to 9.4
251
2519.5 to 11.4
248
31211.5 to 13.4
276
35013.5 to 15.4
354
39415.5 to 17.4
282
36017.5 to 19.4
(*)
(*)19.5 to 21.4
350
41521.5 to 23.4
460
51223.5 to 25.4
570
57025.5 to 27.4
354
39427.5 to 29.4
(*)
(*)29.5 and over
512
512(*) No data submitted for units meeting the Department of Energy's Energy Conservation Standards effective July 1, 2001.
 Cost Information for Appendices B1 Through B3 When the ranges of comparability in Appendices B1 through B3 are used on EnergyGuide labels for freezers, the estimated annual operating cost disclosure appearing in the box at the bottom of the labels must be derived using the 2005 Representative Average Unit Cost for electricity (9.06¢ per kilowatt-hour), and the text below the box must identify the cost as such. 14.Appendix F2 to Part 305 is revised to read as follows: Appendix F2 to Part 305—Compact Clothes Washers Range Information
[“Compact” includes all household clothes washers with a tub capacity of less than 1.6 cu. ft.]
Capacity
Range of estimated annual energy 
                                 consumption (kWh/yr)Low
HighCompact
125
462
 Cost Information When the above range of comparability is used on EnergyGuide labels for compact clothes washers, the estimated annual operating cost disclosure appearing in the box at the bottom of the labels must be derived using the 2004 Representative Average Unit Costs for electricity (8.60¢ per kiloWatt-hour) and natural gas (91.0¢ per therm), and the text below the box must identify the costs as such. 
 
 15.Prototype Label 1 in Appendix L to part 305 is revised to read as follows: 
  
 
 
 16.Prototype Label 5 in Appendix L to part 305 is revised to read as follows: 
  
 
 
 17.Sample Label 1 in Appendix L to part 305 is revised to read as follows: 
  
 
 
 18.Sample Label 2 in Appendix L to part 305 is revised to read as follows: 
  
 
 
 19.Sample Label 9 in Appendix L to part 305 is revised to read as follows: 
  
 By direction of the Commission. Donald S. Clark, Secretary.


# Footnotes

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. Back to Citation
 2.
    
                         Reports for refrigerators, refrigerator-freezers, and freezers are due August 1. Reports for clothes washers are due October 1. Back to Citation
 3.
    
                         The Commission's analysis for refrigerators, refrigerator-freezers, and freezers excluded models with energy consumption figures that do not meet the current DOE energy conservation standards. See 62 FR 23102 (April 28, 1997). Back to Citation
 4.
    
                         Compact clothes washers account for a small fraction of the total washer models on the market. Back to Citation
 5.
    
                         44 U.S.C. 3501-3520. Back to Citation


[FR Doc. 06-882 Filed 1-30-06; 8:45 am] BILLING CODE 6750-01-C