Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations 63201

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.

2Reports for refrigerators, refrigerator-freezers,

and freezers are due August 1.

[FR Doc. 00–27183 Filed 10–20–00; 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 (‘‘the Commission’’)

amends its Appliance Labeling Rule

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

of comparability to be used on required

labels for refrigerator-freezers with

automatic defrost with top-mounted

freezers with through-the-door ice

service (Appendix A7). The

Commission also announces that the

current (1998) ranges of comparability

for all other categories of refrigerators,

refrigerator-freezers, and freezers

(Appendices A1 through A6, Appendix

A8, and Appendices B1 through B3 to

the Rule), which were published on

December 2, 1998 (63 FR 66428), will

remain in effect until further notice.

EFFECTIVE DATE: January 22, 2001.

FOR FURTHER INFORMATION CONTACT:

James Mills, Attorney, Division of

Enforcement, Federal Trade

Commission, Washington, DC 20580

(202–326–3035); <<jmills@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 1975.1 The rule

covers eight categories of major

household appliances: Refrigerators and

refrigerator-freezers, freezers,

dishwashers, clothes washers, water

heaters (this category includes storagetype 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)).

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 Section

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 15% or more. Otherwise,

the Commission publishes a statement

that the prior ranges remain in effect for

the next year.

The Commission has analyzed the

2000 submissions of data for

refrigerators, refrigerator-freezers, and

freezers, and has determined that the

upper and lower limits of the ranges for

refrigerator-freezers with automatic

defrost with top-mounted freezers with

through-the-door ice service (Appendix

A7) have changed significantly.

Therefore, the Commission is

publishing new ranges of comparability

for those products.

The Commission also has determined

that the ranges of comparability for all

other categories of refrigerators,

refrigerator-freezers, and freezers

(Appendices A1 through A6, Appendix

A8, and Appendices B1 through B3 to

the Rule) have not changed

significantly. Therefore, the

Commission is announcing that the

current (1998) ranges for those products,

which were published on December 2,

1998 (63 FR 66428), will remain in

effect until further notice.

Today’s publication of the new ranges

for refrigerator-freezers with automatic

defrost with top-mounted freezers with

through-the-door ice service also means

that, after January 22, 2001,

manufacturers of these products must

calculate the operating cost figures at

the bottom of labels for the products

using the 2000 cost for electricity (8.03

cents per kiloWatt-hour). Manufacturers

must continue to calculate the operating

costs at the bottom of labels for all other

refrigerators, refrigerator-freezers, and

freezers using the 1998 cost for

electricity (8.42 cents per kiloWatthour), which was the cost for electricity

that was in effect at the time the current

(1998) ranges were published.

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.

Accordingly, 16 CFR part 305 is

amended as follows:

63202 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Rules and Regulations

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. Appendix A7 to Part 305 is revised

to read as follows:

Appendix A7 to Part 305—RefrigeratorFreezers With Automatic Defrost With

Top-Mounted Freezer With Throughthe-Door Ice Service

RANGE INFORMATION

Manufacturer’s rated

total refrigerated volume in cubic feet

Range of estimated

annual energy consumption

(KWh/Yr.)

Low High

Less than 10.5 .......... 502 511

10.5 to 12.4 .............. 544 544

12.5 to 14.4 .............. 544 624

14.5 to 16.4 .............. 642 642

16.5 to 18.4 .............. (*) (*)

18.5 to 20.4 .............. (*) (*)

20.5 to 22.4 .............. 680 840

22.5 to 24.4 .............. (*) (*)

24.5 to 26.4 .............. 905 905

26.5 to 28.4 .............. (*) (*)

28.5 and over ........... (*) (*)

(*) No data submitted for units meeting the

Department of Energy’s Energy Conservation

Standards effective January 1, 1993.

By direction of the Commission.

Benjamin I. Berman,

Acting Secretary.

[FR Doc. 00–27157 Filed 10–20–00; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[DoD 6010.8–R]

RIN 0720–AA53

Civilian Health and Medical Program of

the Uniformed Services (CHAMPUS);

TRICARE Dental Program

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

SUMMARY: This final rule revises the

comprehensive CHAMPUS regulation

pertaining to the Expanded Active Duty

Dependents Benefit Plan, or more

commonly referred to as the TRICARE

Family Member Dental Plan (TFMDP).

The TFMDP limited eligibility to

eligible dependents of active duty

members (under a call or order that does

not specify a period of thirty (30) day or

less). Concurrent with the timeframe of

the publication of the proposed rule, the

Defense Authorization Act for Fiscal

Year 2000 (Public Law 106–65, sec. 711)

was signed into law and its provisions

have been incorporated into this final

rule. The Act authorized a new plan,

titled the TRICARE dental program

(TDP), which allows the Secretary of

Defense to offer a comprehensive

premium based indemnity dental

insurance coverage plan to eligible

dependents of active duty members

(under a call or order that does not

specify a period of thirty (30) days or

less), eligible dependents of members of

the Selected Reserve and Individual

Ready Reserve, and eligible members of

the Selected Reserve and Individual

Ready Reserve. The Act also struck

section 1076b (Selected Reserve dental

insurance), or Chapter 55 of title 10,

United States Code, since the affected

population and the authority for that

particular dental insurance plan has

been incorporated in 10 U.S.C. 1076a.

Consistent with the proposed rule and

the provisions of the Defense

Authorization Act for Fiscal Year 2000,

the final rule places the responsibility

for TDP enrollment and a large portion

of the appeals program on the dental

plan contractor; allows the dental plan

contractor to bill beneficiaries for plan

premiums in certain circumstances;

reduces the former TFMDP enrollment

period from twenty-four (24) to twelve

(12) months; excludes Reserve

component members ordered to active

duty in support of a contingency

operation from the mandatory twelve

(12) month enrollment; clarifies dental

plan requirements for different

beneficiary populations; simplifies

enrollment types and exceptions;

reduces cost-shares for certain enlisted

grades; adds anesthesia as a covered

benefit; provides clarification on the

Department’s use of the Congressional

waiver for surviving dependents;

incorporates legislative authority for

calculating the method by which

premiums may be raised and allowing

premium reductions for certain enlisted

grades; and reduces administrative

burden by reducing redundant language,

referencing language appearing in other

CFR sections and removing language

more appropriate to the actual contract.

These improvements will provide

Uniformed Service members and

families with numerous quality of life

benefits that will improve participation

in the plan, significantly reduce

enrollment errors and positively effect

utilization of this important dental plan.

The proposed rule was titled the

‘‘TRICARE Family Member Dental

Plan’’.

DATES: Effective February 1, 2001.

FOR FURTHER INFORMATION CONTACT:

Major Brian K. Witt, TRICARE

Management Activity, 303–676–3496.

SUPPLEMENTARY INFORMATION:

I. Background and Legislative Changes

The Basic Active Duty Dependents

Dental Benefits Plan was implemented

on August 1, 1987, allowing Uniformed

Service personnel, on active duty for

periods of greater than thirty (30) days,

to voluntarily enroll their dependents in

a basic dental health care plan. Under

this plan, DoD shared the cost of the

premium with the active duty service

member. Although the plan was viewed

as a major step in benefit enhancement

for Uniformed Service families, there

were still complaints that the enabling

legislation was too restrictive in scope

and that there should be expansion of

services to better meet the dental needs

of the Uniformed Service family.

Congress responded to these concerns

by authorizing the Secretary of Defense

to develop and implement an Expanded

Active Duty Dependents Dental Benefit

Plan [The Defense Authorization Act

For Fiscal Year 1993, Public Law 102–

484, sec. 701]. The provisions of this

Act specified the expanded benefit

structure, as well as maximum monthly

premiums for enrollees. Cost-sharing

levels for the expanded benefits were

left up to the discretion of the Secretary

of Defense after consultation with the

other Administering Secretaries. The

provisions of this Act were

implemented on April 1, 1993.

Thereafter, Congress granted

legislative authority to allow the

Secretary of Defense to expand the

dental plan outside the United States

and to provide one (1) year of continued

dental coverage for enrolled dependents

of service members who die while on

active duty [The Defense Authorization

Act For Fiscal Year 1995, Public Law

103–337, sec. 703]. In addition, the

Congress granted subsequent legislative

authority to allow the Secretary of

Defense to waive or reduce the costshares in overseas locations [The

Defense Authorization Act For Fiscal

Year 1998, Public Law 105–85 sec. 732].

In Fiscal Year 1999, the Congress

authorized a methodology by which the

enrollee’s share of the premium could

be increased. This methodology is tied

to the lesser of the percent increase in

the basic pay of active duty service