5316 Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Rules and Regulations

1 61 FR 58679.

2 44 FR 66466. Since its promulgation, the rule

has been amended four times to include new

product categories—central air conditioners (52 FR

46888, Dec. 10, 1987), fluorescent lamp ballasts (54

FR 1182, Jan. 12, 1989), certain plumbing products

(58 FR 54955, Oct. 25, 1993), and certain lamp

products (59 FR 25176, May 13, 1994). Obligations

under the rule concerning fluorescent lamp ballasts,

lighting products, and plumbing products are not

affected by the cost figures in this notice.

3The July 1, 1994, amendments require that

labels for refrigerators, refrigerator-freezers, freezers,

clothes washers, dishwashers, water heaters, and

room air conditioners contain a secondary energy

usage disclosure in terms of an estimated annual

operating cost (labels for clothes washers and

dishwashers will show two such secondary

disclosures—one based on operation with water

heated by natural gas, and on operation with water

heated by electricity). The labels also must disclose,

below this secondary estimated annual operating

cost, the fact that the estimated annual operating

cost is based on the appropriate DOE energy cost

figure, and must identify the year in which the cost

figure was published.

employee groups which were within

their existing field of membership. The

NCUA Board will consider further

regulatory action at an appropriate time

depending on developments in the

ongoing litigation concerning field of

membership issues.

List of Subjects in 12 CFR Part 701

Credit, Credit unions, Reporting and

recordkeeping requirements.

By the National Credit Union

Administration Board on January 23, 1997.

Becky Baker,

Secretary of the Board.

Accordingly, NCUA amends 12 CFR

part 701 as follows:

PART 701—ORGANIZATION AND

OPERATION OF FEDERAL CREDIT

UNIONS

1. The authority citation for part 701

continues to read as follows:

Authority: 12 U.S.C. 1752(5), 1755, 1756,

1757, 1759, 1761a, 1761b, 1766, 1767, 1782,

1784, 1787, 1789. Section 701.6 is also

authorized by 31 U.S.C. 3717. Section 701.31

is also authorized by 12 U.S.C. 1601, et seq.,

42 U.S.C. 1981 and 3601–3610. Section

701.35 is also authorized by 12 U.S.C. 4311–

4312.

2. Section 701.1 is revised to read as

follows:

§ 701.1 Federal credit union chartering,

field of membership modifications, and

conversions.

National Credit Union Administration

practice and procedure concerning

chartering, field of membership

modifications, and conversions are set

forth in Interpretive Ruling and Policy

Statement 94–1 Chartering and Field of

Membership Policy (IRPS 94–1) as

amended by IRPS 96–1. Copies may be

obtained by contacting NCUA at the

address found in § 792.2(g)(1) of this

chapter. The combined IRPS are

incorporated into this section.

(Approved by the Office of Management and

Budget under control number 3133–0015.)

Note: The text of Interpretive Ruling and

Policy Statement (IRPS 94–1, as amended by

IRPS 96–1) does not appear in the Code of

Federal Regulations.

[FR Doc. 97–2830 Filed 2–4–97; 8:45 am]

BILLING CODE 7535–01–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 revision.

SUMMARY: The Federal Trade

Commission’s Appliance Labeling Rule

(‘‘the Rule’’) requires that Table 1, in

§ 305.9, which sets forth the

representative average unit energy costs

for five residential energy sources, be

revised periodically on the basis of

updated information provided by the

Department of Energy (‘‘DOE’’).

This document revises the table to

incorporate the latest figures for average

unit energy costs as published by DOE

in the Federal Register on November 18,

1996.1

DATES: The revisions to § 305.9(a) and

Table 1 are effective March 7, 1997. The

mandatory dates for using these revised

DOE cost figures in connection with the

Appliance Labeling Rule are detailed in

the SUPPLEMENTARY INFORMATION section,

below.

FOR FURTHER INFORMATION CONTACT:

James Mills, Attorney, 202–326–3035

Division of Enforcement, Federal Trade

Commission, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: On

November 19, 1979, the Federal Trade

Commission issued a final rule in

response to a directive in section 324 of

the Energy Policy and Conservation Act

(‘‘EPCA’’), 42 U.S.C. 6201.2 The Rule

requires the disclosure of energy

efficiency, consumption, or cost

information on labels and in retail sales

catalogs for eight categories of

appliances, and mandates that the

energy costs, consumption, or efficiency

ratings be based on standardized test

procedures developed by DOE. The cost

information obtained by following the

test procedures is derived by using the

representative average unit energy costs

provided by DOE. Table 1 in § 305.9(a)

of the Rule sets forth the representative

average unit energy costs to be used for

all cost-related requirements of the Rule.

As stated in § 305.9(b), the Table is to

be revised periodically on the basis of

updated information provided by DOE.

On November 18, 1996, DOE

published the most recent figures for

representative average unit energy costs.

Accordingly, Table 1 is revised to reflect

these latest cost figures as set forth

below.

How and when industry members

must use (and not use) revised Table 1

in calculating cost disclosures for

labeling and catalog sales is explained

in detail in the paragraphs below. In

sum:

• Manufacturers of refrigerators,

refrigerator-freezers, freezers, clothes

washers, dishwashers, water heaters,

and room air conditioners are not

permitted to use the DOE Cost figures

published today to calculate the

secondary operating cost figures on

labels for their products until the

Commission publishes new ranges of

comparability for those products.

• Manufacturers of refrigerators,

refrigerator-freezers, freezers, clothes

washers, dishwashers, and water heaters

have no need for the DOE cost figures

for making data submissions under

305.8. The energy use information they

must submit and use as primary energy

use descriptors on labels for these

products is now in terms of energy

consumption, not operating cost.

• Industry members must use the

1997 DOE cost figures published today

to calculate operating cost

representations in catalogs that are

drafted and printed after May 6, 1997.

• Beginning May 6, 1997,

manufacturers of clothes dryers,

television sets, kitchen ranges and

ovens, and space heaters must use the

1997 representative average unit costs

for energy in all operating cost

representations.

For Labeling of Products Covered by the

Commission’s Rule 3

Manufacturers of covered products

are not permitted to use the National

Average Representative Unit Costs

published today on labels for their

products until the Commission
Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Rules and Regulations 5317

4The 1994 DOE cost figures were published by

DOE on December 29, 1993 (58 FR 68901), and by

the Commission on February 8, 1994 (59 FR 5699).

The current (1994) ranges of comparability for

storage-type water heaters were published on

September 23, 1994 (59 FR 48796). On August 21,

1995 (60 FR 43367), and again on September 16,

1996 (61 FR 48620), the Commission announced

that the 1994 ranges for storage-type water heaters

would continue to remain in effect.

5The 1995 DOE cost figures were published by

DOE on January 5, 1995 (60 FR 1773), and by the

Commission on February 17, 1995 (60 FR 9296).

The current (1995) ranges of comparability for heat

pump water heaters were published on August 21,

1995 (60 FR 43367). The current (1995) ranges for

refrigerators, refrigerator-freezers, freezers, and

room air conditioners were published on November

13, 1995 (60 FR 56945). On September 16, 1996 (61

FR 48620), the Commission announced that the

1995 ranges for heat pump water heaters and room

air conditioners would continue to remain in effect.

On October 28, 1996 (61 FR 55563), the

Commission announced that the 1995 ranges for

refrigerators, refrigerator-freezers, and freezers

would continue to remain in effect.

6 61 FR 1366.

7 61 FR 5679.

8The current ranges for clothes washers were

published on June 13, 1996 (61 FR 29939); the

current ranges for dishwashers and instantaneous

water heaters were published on September 16,

1996 (61 FR 48620).

9 59 FR 34014.

10 59 FR 63688.

publishes new ranges of comparability

for those products.

Manufacturers of storage-type water

heaters must continue to use the 1994

DOE cost figures (8.41 cents per

kilowatt-hour for electricity, 60.4 cents

per therm for natural gas, $1.054 per

gallon for No. 2 heating oil, and 98.3

cents per gallon for propane) in

determining the operating cost

disclosures on the labels on their

products. This is because the 1994 DOE

cost figures were in effect when the

1994 ranges of comparability for storagetype water heaters were published, and

those 1994 ranges are still in effect for

those products.4 Manufacturers of

storage-type water heaters must

continue to use the 1994 cost figures to

calculate the estimated annual operating

cost figures on their labels until the

Commission publishes new ranges of

comparability for storage-type water

heaters.

Manufacturers of refrigerators,

refrigerator-freezers, freezers, heat pump

water heaters, and room air conditioners

must continue to derive the operating

cost disclosures on labels by using the

1995 National Average Representative

Unit Costs (8.67 cents per kilowatt-hour

for electricity, 63 cents per therm for

natural gas, $1.008 per gallon for No. 2

heating oil, and 98.5 cents per gallon for

propane) that were in effect when the

current (1995) ranges of comparability

for these products were published.5

Manufacturers of refrigerators,

refrigerator-freezers, freezers, heat pump

water heaters, and room air conditioners

must continue to use the 1995 DOE cost

figures to calculate the operating cost

disclosure disclosed on labels until the

Commission publishes new ranges of

comparability for heat pump water

heaters, room air conditioners, or

refrigerators, refrigerator-freezers, and

freezers based on future annual

submissions of data. In the notice

announcing the new ranges, the

Commission also will announce that

operating cost disclosures must be based

on the DOE cost figure for electricity in

effect at that time.

Manufacturers of clothes washers,

dishwashers, and instantaneous water

heaters must continue to base the

required secondary operating cost

disclosures on labels on the 1996

National Average Representative Unit

Costs for electricity (8.6 cents per

kilowatt-hour), natural gas (62.6 cents

per therm), propane (90 cents per

gallon), and/or heating oil (92 cents per

gallon) that were published by DOE on

January 19, 1996,6 and by the

Commission on February 14, 1996,7 and

that were in effect when the 1996 ranges

of comparability for these products were

published.8

For 1997 Submissions of Data Under

Section 305.8 of the Commission’s Rule

Manufacturers no longer need to use

the DOE cost figures in complying with

the data submission requirements of

§ 305.8 of the Rule. Pursuant to

amendments to the Rule published on

July 1, 1994 9 (with extended

compliance dates published on

December 8, 1994),10 the estimated

annual operating cost is no longer the

primary energy usage descriptor for

refrigerators, refrigerator-freezers,

freezers, clothes washers, dishwashers,

and water heaters. Under the

amendments, the energy usage and the

ranges of comparability for those

product categories must be expressed in

terms of estimated annual energy

consumption (kilowatt-hour use per

year for electricity, therms per year for

natural gas, or gallons per year for

propane and oil). Thus, the 1997 (and

all subsequent) data submissions under

305.8 for these product categories

(which are to enable the Commission to

publish ranges of comparability) must

be made in terms of estimated annual

energy consumption, not cost. The

energy efficiency descriptors for the

other products covered by the Rule

(room air conditioners, furnaces, boilers,

central air conditioners, heat pumps,

and pool heaters) are unaffected by the

amendments mentioned above. The

annual data submission requirements

for those products, which are not based

on the DOE cost figures, will continue

to be in terms of energy efficiency.

For convenience, the annual dates for

data submission are repeated here:

Fluorescent lamp ballasts ........... Mar. 1.

Clothes washers ........................... Mar. 1.

Water heaters ............................... May 1.

Furnaces ....................................... May 1.

Room air conditioners ................. May 1.

Pool Heaters ................................. May 1.

Dishwashers ................................. June 1.

Central air conditioners .............. July 1.

Heat pumps .................................. July 1.

Refrigerators ................................. Aug. 1.

Refrigerator-freezers ..................... Aug. 1.

Freezers ........................................ Aug. 1.

For Energy Cost Representations

Respecting Covered Products in

Catalogs

Energy cost representations in

catalogs that are drafted and printed

while the 1997 cost figures are in effect

must be derived using the 1997 energy

costs beginning May 6, 1997.

For Energy Cost Representations

Respecting Products Covered by EPCA

But Not by the Commission’s Rule

Manufacturers of products covered by

section 323(c) of EPCA, 42 U.S.C.

6293(c), but not by the Appliance

Labeling Rule (clothes dryers, television

sets, kitchen ranges and ovens, and

space heaters) must use the 1997

representative average unit costs for

energy in all operating cost

representations beginning May 6, 1997.

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. 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.

List of Subjects in 16 CFR Part 305

Advertising, Energy conservation,

Household appliances, Labeling,

Reporting and recordkeeping

requirements.
5318 Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Rules and Regulations

PART 305—[AMENDED]

Accordingly, 16 CFR Part 305 is

amended as follows:

1. The authority citation for Part 305

continues to read:

Authority: 42 U.S.C. 6294.

2. Section 305.9(a) is revised to read

as follows:

§ 305.9 Representative average unit

energy costs.

(a) Table 1, below, contains the

representative unit energy costs to be

utilized for all requirements of this part.

TABLE 1.—REPRESENTATIVE AVERAGE UNIT COSTS OF ENERGY FOR FIVE RESIDENTIAL ENERGY SOURCES (1997)

Type of energy In commonly used terms As required by DOE test procedure Dollars per

million Btu 1

Electricity ................................................... 8.31¢/kWh 2 3 ............................................. $0.0831/kWh ............................................. $24.35

Natural Gas ............................................... 61.2¢/therm 4 or $6.43/MCF 5 6 ................. 0.00000612/Btu ........................................ 6.12

No. 2 heating oil ........................................ 0.99/gallon 7 .............................................. 0.00000714/Btu ........................................ 7.14

Propane ..................................................... 0.98/gallon 8 .............................................. 0.00001073/Btu ........................................ 10.73

Kerosene ................................................... 1.16/gallon 9 .............................................. 0.00000859/Btu ........................................ 8.59

1Btu stands for British thermal unit.

2 kWh stands for kilowatt hour.

3 1 kWh = 3,412 Btu.

4 1 therm = 100,000 Btu. Natural gas prices include taxes.

5 MCF stands for 1,000 cubic feet.

6For the purposes of this table, 1 cubic foot of natural gas has an energy equivalence of 1,028 Btu.

7For the purposes of this table, 1 gallon of No. 2 heating oil has an energy equivalence of 138,690 Btu.

8For the purposes of this table, 1 gallon of liquid propane has an energy equivalence of 91,333 Btu.

9For the purposes of this table, 1 gallon of kerosene has an energy equivalence of 135,000 Btu.

* * * * *

Donald S. Clark,

Secretary.

[FR Doc. 97–2802 Filed 2–4–97; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 520

Oral Dosage Form New Animal Drugs;

Tetracycline Hydrochloride Soluble

Powder

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

animal drug regulations to reflect

approval of an abbreviated new animal

drug application (ANADA) filed by

Phoenix Scientific, Inc. The ANADA

provides for oral use of tetracycline

hydrochloride soluble powder in the

drinking water of calves and swine for

control and treatment of certain diseases

caused by pathogens susceptible to

tetracycline, and of chickens and

turkeys for control of certain diseases

caused by pathogens susceptible to

tetracycline.

EFFECTIVE DATE: February 5, 1997.

FOR FURTHER INFORMATION CONTACT:

Melanie R. Berson, Center For

Veterinary Medicine (HFV–135), Food

and Drug Administration, 7500 Standish

Pl., Rockville, MD 20855, 301–594–

1643.

SUPPLEMENTARY INFORMATION: Phoenix

Scientific, Inc., 3915 South 48th Street

Ter., P.O. Box 6457, St. Joseph, MO

64506–0457, filed ANADA 200–136,

which provides for oral use of

tetracycline hydrochloride soluble

powder in the drinking water of calves

and swine for control and treatment of

certain conditions, and of chickens and

turkeys for the control of certain

conditions, as follows: (1) For calves for

control and treatment of bacterial

enteritis (scours) caused by Escherichia

coli, and bacterial pneumonia (shipping

fever complex) associated with

Pasteurella spp., Actinobacillus

pleuropneumoniae (Hemophilus spp.),

and Klebsiella spp. susceptible to

tetracycline; (2) for swine for control

and treatment of bacterial enteritis

(scours) caused by E. coli, and bacterial

pneumonia associated with Pasteurella

spp., A. pleuropneumoniae

(Hemophilus spp.), and Klebsiella spp.

susceptible to tetracycline; (3) for

chickens for control of chronic

respiratory disease (CRD or air-sac

disease) caused by Mycoplasma

gallisepticum and E. coli; infectious

synovitis caused by M. synoviae

susceptible to tetracycline; (4) for

turkeys for control of infectious

synovitis caused by M. synoviae and

bluecomb (transmissible enteritis or

coronaviral enteritis) complicated by

bacterial organisms susceptible to

tetracycline.

Approval of Phoenix’s ANADA 200–

136 tetracycline hydrochloride soluble

powder is as a generic copy of

Fermenta’s NADA 65–496 tetracycline

hydrochloride soluble powder. ANADA

200–136 is approved as of December 17,

1996, and the regulations are amended

in § 520.2345d(a)(1) (21 CFR

520.2345d(a)(1)) to reflect the approval.

The basis of approval is discussed in the

freedom of information summary.

In addition, due to enactment of the

Generic Animal Drug and Patent Term

Restoration Act of 1988, the paragraph

concerning NAS/NRC status is outdated.

Section 520.2345d is amended to

remove paragraph (c).

In accordance with the freedom of

information provisions of 21 CFR part

20 and 21 CFR 514.11(e)(2)(ii), a

summary of safety and effectiveness

data and information submitted to

support approval of this application

may be seen in the Dockets Management

Branch (HFA–305), Food and Drug

Administration, 12420 Parklawn Dr.,

rm. 1–23, Rockville, MD 20857, between

9 a.m. and 4 p.m., Monday through

Friday.

The agency has determined under 21

CFR 25.24 (d)(1)(i) that this action is of

a type that does not individually or

cumulatively have a significant effect on

the human environment. Therefore,

neither an environmental assessment

nor an environmental impact statement

is required.

List of Subjects

21 CFR Part 520

Animal drugs.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Center for Veterinary Medicine, 21

CFR part 520 is amended as follows: