[Federal Register Volume 70, Number 201 (Wednesday, October 19, 2005)]
[Rules and Regulations]
[Pages 60716-60722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20922]


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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.

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SUMMARY: The Federal Trade Commission (``Commission'') amends its 
Appliance Labeling Rule (``Rule'') by publishing new ranges of 
comparability for required labels on central air conditioners, heat 
pumps, and compact dishwashers. The Commission also announces that the 
current ranges of comparability for standard dishwashers will remain in 
effect until further notice.

DATES: Effective Date: The amendments announced in this document will 
become effective on January 23, 2006.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, Attorney, Division of 
Enforcement, Federal Trade Commission, Washington, DC 20580 (202-326-
2889).

SUPPLEMENTARY INFORMATION: The Appliance Labeling 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 dishwashers, central air conditioners, and heat 
pumps.
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    \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.
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    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 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 other models (perhaps competing brands) 
similar to the labeled model. 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 by specified dates for each product type.\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 drop others, the data base 
from which the ranges of comparability are calculated is constantly 
changing. To keep the required information on labels consistent with 
these changes, the Commission will publish new ranges 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 will 
publish a statement that the prior ranges remain in effect for the next 
year.
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    \2\ Reports for dishwashers are due June 1. Reports for central 
air conditioners and heat pumps are due July 1.
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I. 2005 Dishwasher Ranges

    The Commission has analyzed the annual data submissions for 
dishwashers. The ranges of comparability for standard dishwashers have 
not changed significantly this year.\3\ Therefore, the manufacturers of 
standard dishwashers should continue to use the ranges published by the 
Commission on September 9, 2004 (69 FR 54558). The compact dishwasher 
data, however, indicates a significant change to the high and low of 
the range. Accordingly, the Commission is amending the range for 
compact dishwashers in Appendix C1 of the

[[Page 60717]]

Rule. The new ranges of comparability for compact dishwashers supersede 
the current ranges, which were published on September 9, 2004 (69 FR 
54558).
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    \3\ The Commission's classification of ``standard'' and 
``compact'' dishwashers is based on internal load capacity. Appendix 
C of the Commission's Rule defines ``compact'' as including 
countertop dishwasher models with a capacity of fewer than eight (8) 
place settings and ``standard'' as including portable or built-in 
dishwasher models with a capacity of eight (8) or more place 
settings. The Rule requires that place settings be determined in 
accordance with appendix C to 10 CFR part 430, subpart B, of DOE's 
energy conservation standards program.
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    Compact dishwasher manufacturers must base the disclosures of 
estimated annual operating cost required at the bottom of EnergyGuide 
labels for compact dishwashers on the 2005 Representative Average Unit 
Costs of Energy for electricity (9.06 cents per kilowatt-hour) and 
natural gas ($1.09 per therm) that were published by DOE on March 11, 
2005 (70 FR 12210). The new ranges for compact models will become 
effective on January 23, 2006.

II. 2005 Central Air Conditioner and Heat Pump Information

    The annual data submissions for central air conditioners and heat 
pumps indicate a significant change for split system central air 
conditioners. In addition, new DOE minimum conservation standards for 
these products will become effective on January 23, 2006 (see 69 FR 
50997 (August 17, 2004)). All models manufactured after that date will 
have to meet the new DOE minimum efficiency standards (unless the model 
is subject to a DOE exemption). Accordingly, the Commission has amended 
all applicable ranges so that they are consistent with DOE's new 
minimum requirements. The effective date for the new ranges will 
coincide with the effective date for the new DOE requirements.\4\
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    \4\ The ranges for central air conditioners and heat pumps have 
not been amended since September 16, 1996 (61 FR 48620).
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III. 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. 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)).

IV. 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.

V. 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.
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    \5\ 44 U.S.C. 3501-3520.
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List of Subjects in 16 CFR Part 305

    Advertising, Energy conservation, Household appliances, Labeling, 
Reporting and recordkeeping requirements.


0
Accordingly, 16 CFR Part 305 is amended as follows:

PART 305--[AMENDED]

0
1. The authority citation for Part 305 continues to read as follows:

    Authority: 42 U.S.C. 6294.


0
2. Appendix C1 to Part 305 is revised to read as follows:

Appendix C1 to Part 305--Compact Dishwashers

Range Information

    ``Compact'' includes countertop dishwasher models with a 
capacity of fewer than eight (8) place settings. Place settings 
shall be in accordance with appendix C to 10 CFR part 430, subpart 
B. Load patterns shall conform to the operation normal for the model 
being tested.

------------------------------------------------------------------------
                                                   Range of estimated
                                                      annual energy
                   Capacity                      consumption  (kWh/yr.)
                                               -------------------------
                                                    Low          High
------------------------------------------------------------------------
Compact.......................................          143          320
------------------------------------------------------------------------

Cost Information

    When the above ranges of comparability are used on EnergyGuide 
labels for compact-sized dishwashers, 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 Costs for 
electricity (9.06[cent] per kiloWatt-hour) and natural gas ($1.09 
per therm), and the text below the box must identify the costs as 
such.


0
3. Section 1 of Appendix H to Part 305 is revised to read as follows:

Appendix H to Part 305--Cooling Performance and Cost for Central Air 
Conditioners

1. Range Information

------------------------------------------------------------------------
                                                     Range of SEER's
 Manufacturer's rated cooling capacity (Btu's/ -------------------------
                     hr.)                           Low          High
------------------------------------------------------------------------
             Single Package Units
 
Central Air Conditioners (Cooling Only): All          10.60        16.05
 capacities...................................
Heat Pumps (Cooling Function): All capacities.        10.60        15.60
 
               Split System Units
 
Central Air Conditioners (Cooling Only): All          10.90        20.50
 capacities...................................
Heat Pumps (Cooling Function): All capacities.        10.90        18.60
------------------------------------------------------------------------


[[Page 60718]]

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0
4. Section 1 of Appendix I to Part 305 is revised to read as follows:

Appendix I to Part 305--Heating Performance and Cost for Central Air 
Conditioners

1. Range Information

------------------------------------------------------------------------
                                                     Range of HSPF's
Manufacturer's rated heating capacity  (Btu's/ -------------------------
                     hr.)                           Low          High
------------------------------------------------------------------------
             Single Package Units
 
Heat Pumps (Heating Function): All capacities.         7.00         8.20
 
              Split System Units
 
Heat Pumps (Heating Function): All capacities.         7.10        10.55
------------------------------------------------------------------------

    The HSPF shall be the Region IV value based on the appropriate 
average design heat loss from the table below.
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0
5. Prototype Label 4 in Appendix L to Part 305 is amended to read as 
follows:

Appendix L to Part 305--Sample Labels

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BILLING CODE 6750-01-P

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0
6. Prototype Label 5 in Appendix L to Part 305 is amended to read as 
follows:

Appendix L to Part 305--Sample Labels

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0
7. Sample Label 8 in Appendix L to Part 305 is amended to read as 
follows:

Appendix L to Part 305--Sample Labels

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[[Page 60722]]


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0
8. Sample Label 9 in Appendix L to Part 305 is amended to read as 
follows:

Appendix L to Part 305--Sample Labels

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    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 05-20922 Filed 10-18-05; 8:45 am]
BILLING CODE 6750-01-C