Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations 9295

1 60 FR 1773.

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.

3 59 FR 34014.

4 59 FR 63688.

[Based on North American Datum of 1983]

Point

2500 square nautical miles

Latitude Longitude

18 ............................................................................................................................................................................. 48 30′10.2′′ 124 47′17.9′′

19 ............................................................................................................................................................................. 48 29′36.4′′ 124 43′38.1′′

20 ............................................................................................................................................................................. 48 28′08′′ 124 38′13′′

21 ............................................................................................................................................................................. 48 23′17′′ 124 38′13′′

Dated: February 6, 1995.

Frank W. Maloney,

Deputy Assistant Administrator for Ocean

Services and Coastal Zone Management.

[FR Doc. 95–4015 Filed 2–16–95; 8:45 am]

BILLING CODE 3510–08–M

FEDERAL TRADE COMMISSION

16 CFR Part 305

Appliance Labeling Rule

AGENCY: Federal Trade Commission.

ACTION: Final rule revision.

SUMMARY: The Federal Trade

Commission’s Appliance Labeling 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 January 5,

1995.1

DATES: The revisions to § 305.9(a) and

Table 1 are effective February 17, 1995.

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

intended to be revised periodically on

the basis of updated information

provided by DOE.

On January 5, 1995, 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.

The dates when use of the figures in

revised Table 1 becomes mandatory in

calculating cost disclosures for use in

labeling and catalog sales of products

covered by the Commission’s rule and/

or EPCA are as follows:

For 1995 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

section 305.8 of the rule. Pursuant to

recent amendments to the rule, which

were published on July 1, 1994 3 (with

extended compliance dates published

on December 8, 1994),4 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 1995 (and

all subsequent) data submissions under

section 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,

for the determination of which the DOE

cost figures are unnecessary. The 1995

(and all subsequent) submissions also

must be made in terms of the new

product sub-categories created by the

above-mentioned amendments. The

energy efficiency energy usage

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

(although submissions for room air

conditioners, furnaces, and boilers must

be made in terms of the new product

sub-categories created by the

amendments). For convenience, the

annual dates for data submissions are

repeated here:

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

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

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

Furnances ...................................... 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 Labeling and Catalog Sales of

Products Covered by the Commission’s

Rule

The July 1, 1994, amendments will

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 one on operation with water

heated by electricity). These secondary
9296 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Rules and Regulations

estimated annual operating cost

disclosures must be based on the 1995

DOE cost figures published in this

notice. The labels must also disclose,

under the secondary estimated annual

operating cost disclosure, the fact that

the estimated annual operating cost is

based on the appropriate 1995 DOE

energy cost figure. Manufacturers of the

above-mentioned products must make

these disclosures on the labels required

by the amendments and in catalogs

beginning ninety days after the

Commission publishes new energy

consumption ranges of comparability

based on the 1995 submissions required

by § 305.8. They must continue to use

the 1995 DOE cost figures in the manner

just described until the Commission

publishes new ranges of comparability

based on future annual submissions of

estimated annual energy consumption

data. At that time, these manufacturers

must use the then-current DOE energy

cost figures when they prepare new

labels in response to the new energy

consumption ranges of comparability.

When such new ranges are published,

the effective date for labeling new

products will be ninety days after

publication of the ranges in the Federal

Register. As in the past, products that

have been properly labeled prior to the

effective date of any range modification

need not be relabeled.

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, but not by the

Appliance Labeling Rule (clothes

dryers, television sets, kitchen ranges

and ovens, and space heaters) must use

the 1995 representative average unit

costs for energy in all operating cost

representations beginning May 18, 1995.

List of Subjects in 16 CFR Part 305

Advertising, Energy conservation,

Household appliances, Labeling,

Reporting and recordkeeping

requirements.

PART 305—[AMENDED]

Accordingly, 16 CFR Part 305 is

amended as follows:

1. The authority citation for part 305

continues to read as follows:

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 (1995)

Type of energy In common terms As required by DOE

test procedure

Dollars per

million Btu 1

Electricity ............................................................................................................ 8.67¢/kWh 2 3 ................ $0.0867/kWh ................ $25.41

Natural Gas ........................................................................................................ 63.0¢/therm 4 or $6.49/

MCF 5 6.

0.00000630/Btu ............ 6.30

No. 2 heating oil ................................................................................................ 1.008/gallon 7 ................ 0.00000727/Btu ............ 7.27

Propane ............................................................................................................. 0.985/gallon 8 ................ 0.00001079/Btu ............ 10.79

Kerosene ............................................................................................................ 1.094/gallon 9 ................ 0.00000810/Btu ............ 8.10

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 1,030 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 equivalance 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. 95–4010 Filed 2–16–95; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 14

Advisory Committees; Amendments

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

standing advisory committees’

regulations to change the function of the

Anti-Infective Drugs Advisory

Committee and to change the name and

the function of the Dermatologic Drugs

Advisory Committee. This action is

being taken due to an administrative

transfer of functions for the committees

in the review of human drug products

for use in the treatment of ophthalmic

disorders.

EFFECTIVE DATE: February 17, 1995.

FOR FURTHER INFORMATION CONTACT:

Donna M. Combs, Committee

Management Office (HFA–306), Food

and Drug Administration, 5600 Fishers

Lane, Rockville, MD 20857, 301–443–

2765.

SUPPLEMENTARY INFORMATION:

FDA is revising § 14.100(c)(2) (21 CFR

14.100(c)(2)) to remove the review of

human drug products for use in the

treatment of ophthalmic disorders from

the function of the Anti-Infective Drugs

Advisory Committee. The review of

human drug products for use in the

treatment of ophthalmic disorders has

been transferred to the Dermatologic

and Ophthalmic Drugs Advisory

Committee (formerly the Dermatologic

Drugs Advisory Committee). The

function of the Anti-Infective Drugs

Advisory Committee was revised in the

charter renewal dated October 3, 1994.

In this document, FDA is formally

changing the function of the committee.

FDA is also revising § 14.100(c)(6) to

change the name and the function of the

Dermatologic Drugs Advisory

Committee. The function of the

committee has been amended to include

the review of human drug products for

use in the treatment of ophthalmic

disorders. The name was changed to

reflect the committee’s revised function.

In the Federal Register of December 6,

1994 (59 FR 62734), FDA published a

notice of charter renewals dated October

3, 1994, for the Anti-Infective Drugs

Advisory Committee and the

Dermatologic and Ophthalmic Drugs

Advisory Committee. In that notice, the