44890 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations

1The 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.

2Reports for room air conditioners, water heaters

(storage-type, instantaneous, and heat pump-type),

furnaces, boilers, and pool heaters are due May 1;

reports for dishwashers are due June 1; reports for

central air conditioners and heat pumps are due

July 1.

3The current ranges of comparability for gas-fired

instantaneous water heaters and central air

conditioners and heat pumps (both split system and

single package units) were published on September

16, 1996 (61 FR 48620). The current ranges for

storage-type water heaters, furnaces, and boilers

were published on September 23, 1994 (59 FR

48796). The current ranges for heat pump water

heaters, pool heaters, and room air conditioners

(originally) were published on August 21, 1995 (60

FR 43367). A corrected version of the ranges for

PART 71—[AMENDED]

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9D, Airspace

Designations and Reporting Points,

dated September 4, 1996, and effective

September 16, 1996, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AGL SD E5 South Dakota, SD [New]

That airspace extending upward from

1,200 feet above the surface within an area

bounded on the north by latitude

43°40′00′′N, on the east by longitude

100°05′00′′W, on the south by the South

Dakota, Nebraska border, and on the west by

longitude 102°00′02′′W.

* * * * *

Issued in Des Plaines, Illinois on July 29,

1997.

Maureen Woods,

Manager, Air Traffic Division.

[FR Doc. 97–22497 Filed 8–22–97; 8:45 am]

BILLING CODE 4910–13–M

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’’) amends

its Appliance Labeling Rule by

publishing new ranges of comparability

to be used on required labels for

dishwashers. The Commission also

announces that the current ranges of

comparability for storage-type water

heaters, heat pump water heaters,

instantaneous water heaters, pool

heaters, room air conditioners, furnaces,

boilers, and split-system and single

package central air conditioners and

heat pumps will remain in effect until

further notice. Finally, the Commission

amends the portions of Appendices H

(Cooling Performance and Cost for

Central Air Conditioners) and I (Heating

Performance and Cost for Central Air

Conditioners) to Part 305 that contain

cost calculation formulas. These

amendments change the figures in the

formulas to reflect the current

Representative Average Unit Cost of

Electricity that was published in

November, 1996, by the Department of

Energy (‘‘DOE’’).

EFFECTIVE DATE: November 24, 1997.

FOR FURTHER INFORMATION CONTACT:

James Mills, Attorney, Division of

Enforcement, Federal Trade

Commission, Washington, DC 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 1975.1 42 U.S.C.

6294. The Rule covers eight categories

of major household appliances:

refrigerators and refrigerator-freezers,

freezers, dishwashers, clothes washers,

water heaters (this category includes

storage-type water heaters,

instantaneous water heaters, and heat

pump water heaters), room air

conditioners, furnaces (this category

includes boilers), and central air

conditioners (this category includes heat

pumps). 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)).

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 § 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 for

the next year.

The annual submissions of data for

dishwashers, room air conditioners,

central air conditioners and heat pumps

(including single package units and split

systems), water heaters (including

storage-type, instantaneous, and heat

pump water heaters), furnaces, boilers,

and pool heaters have been made and

have been analyzed by the Commission.

The ranges of comparability for room

air conditioners, split system and

packaged unit central air conditioners

and heat pumps, storage-type water

heaters, instantaneous water heaters,

heat pump water heaters, furnaces,

boilers and pool heaters have not

changed by more than 15% from the

current ranges for these products.

Therefore, these ranges will remain in

effect until further notice.3
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations 44891

room air conditioners was published on November

13, 1995 (60 FR 56945). Because the Commission

has never received any submissions of data for oilfired instantaneous water heaters, the ranges for

these products show ‘‘no data submitted’’ for all

size categories. The Commission will not, therefore,

amend the ranges for oil-fired instantaneous water

heaters because they have not changed.

4This figure, along with national average cost

figures for natural gas, propane, heating oil and

kerosene, is published annually by DOE for the

industry’s use in calculating, among other figures,

the cost figures required by the Commission’s Rule.

The data submissions for dishwashers

have resulted in new ranges of

comparability figures for these products,

which will supersede the current

ranges, published on September 16,

1996 (61 FR 48620).

The Commission also is amending the

cost calculation formulas appearing in

section 2 of appendices H and I to part

305. These sections contain heating and

cooling performance cost information

for central air conditioners and heat

pumps. Manufacturers must provide the

formulas on fact sheets and in

directories so consumers can calculate

their own costs of operation for the

central air conditioners and heat pumps

that they are considering purchasing.

This amendment changes the figures in

the formulas to reflect the current

Representative Average Unit Cost of

Electricity—8.31 cents per kilowatthour—that was published on November

18, 1996, by DOE (61 FR 58679) 4 and

by the Commission on February 5, 1997

(62 FR 5316).

In consideration of the foregoing, the

Commission revises appendix C,

appendix H, and appendix I of part 305

by publishing the following ranges of

comparability for use in required

disclosures (including labeling) for

dishwashers manufactured on or after

November 24, 1997. The Commission

also amends the cost calculation

formulas in appendices H and I of part

305 so they will include the 1997

Representative Average Unit Cost for

electricity. In addition, as of this

effective date, manufacturers must base

the disclosures of estimated annual

operating cost required at the bottom of

EnergyGuides for dishwashers on the

1997 Representative Average Unit Costs

of Energy for electricity (8.31 cents per

kilowatt-hour) and natural gas (61.2

cents per therm).

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

will not have a ‘‘significant economic

impact on a substantial number of small

entities’’ (5 U.S.C. 605). The

Commission has determined that

virtually none of the manufacturers of

dishwashers fall within the definition of

‘‘small entity’’ as that term is defined in

section 601 of the Regulatory Flexibility

Act and in the regulations of the Small

Business Administration, found in 13

CFR part 121. 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.

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 as follows:

Authority: 42 U.S.C. 6294.

2. Appendix C to part 305 is revised

to read as follows:

Appendix C To Part 305—Dishwashers

Range Information

‘‘Compact’’ includes countertop

dishwasher models with a capacity of fewer

than eight (8) place settings.

‘‘Standard’’ includes portable or built-in

dishwasher models with a capacity of eight

(8) or more place settings.

Place settings shall be in accordance with

appendix C to 10 CFR part 430, Subpart B.

Load patterns shall conform to the operating

normal for the model being tested.

Capacity

Range of estimated annual

energy consumption (kWh/

yr.)

Low High

Compact ............................ 302 302

Standard ............................ 344 699

3. In section 2 of Appendix H of Part 305,

the text and formulas are amended by

removing the figure ‘‘8.6¢’’ whenever it

appears and by adding, in its place, the figure

‘‘8.31¢’’. In addition, the text and formulas

are amended by removing the figure ‘‘12.90¢’’

whenever it appears and by adding, in its

place, the figure ‘‘12.47¢’’.

4. In section 2 of Appendix I of Part 305,

the text and formulas are amended by

removing the figure ‘‘8.6¢’’ wherever it

appears and by adding, in its place, the figure

‘‘8.31¢’’. In addition, the text and formulas

are amended by removing the figure ‘‘12.90¢’’

wherever it appears and by adding, in its

place, the figure ‘‘12.47¢’’.

By direction of the Commission.

Benjamin I. Berman,

Acting Secretary.

[FR Doc. 97–22489 Filed 8–22–97; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 314, 600, 601, 610, and

640

[Docket No. 95N–0329]

Biologics Regulations; Reporting

Changes to an Approved Application;

Open Public Meeting

AGENCY: Food and Drug Administration,

HHS.

ACTION: Announcement of public

meeting.

SUMMARY: The Food and Drug

Administration (FDA) is announcing an

open public meeting to discuss issues

related to the agency’s final rule

entitled, ‘‘Changes to an Approved

Application’’ announced previously in

the Federal Register. The final rule

amended the biologics regulations for

reporting changes to an approved

application reviewed in the Center for

Biologics Evaluation and Research

(CBER) and the corresponding drug

regulations for reporting changes to an

approved application for specified

biotechnology products reviewed in the

Center for Drug Evaluation and Research

(CDER). The purpose of the meeting is

to present the regulatory procedures set

forth in the final rule and to solicit

public comment on a portion of the final

rule that addresses the use of a

‘‘comparability protocol.’’

DATES: The open public meeting will be

held on Wednesday, September 24,

1997, from 8:30 a.m. to 5 p.m.

Registration for persons who want to

participate at the meeting must be

submitted to the agency by September 3,

1997, including written copies or a brief

summary of the presentation, or any

written comments for possible

discussion at the meeting.

Preregistration for persons who want to

attend the meeting should be received

by September 18, 1997.

ADDRESSES: The open public meeting

will be held at the Quality Hotel, 8727

Colesville Rd., Silver Spring, MD 20910.

Submit written requests for

participation and written comments to

the Dockets Management Branch (HFA–

305), Food and Drug Administration,

12420 Parklawn Dr., rm. 1–23,