[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Rules and Regulations]
[Pages 29939-29940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15022]



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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 amends its Appliance Labeling 
Rule by publishing new ranges of comparability to be used on required 
labels for clothes washers.

EFFECTIVE DATE: September 11, 1996.

FOR FURTHER INFORMATION CONTACT:
 James Mills, Attorney, Division of Enforcement, Federal Trade 
Commission, Washington, DC 20580 (202-326-3035).

SUPPLEMENTARY INFORMATION: Section 324 of the Energy Policy and 
Conservation Act of 1975 (``EPCA'') \1\ requires the Federal Trade 
Commission (``Commission'') to consider labeling rules for the 
disclosure of estimated annual energy cost or alternative energy 
consumption information for at least thirteen categories of appliances. 
Clothes washers are included in those categories. The statute also 
requires the Department of Energy (``DOE'') to develop test procedures 
that measure how much energy the appliances use. In addition, DOE is 
required to determine the representative average cost a consumer pays 
for the different types of energy available.

    \1\ 42 U.S.C. 6294
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    On November 19, 1979, the Commission issued a final rule covering 
seven of the thirteen appliance categories that were then covered by 
DOE test procedures: refrigerators and refrigerator-freezers, freezers, 
dishwashers, water heaters, clothes washers, room air conditioners and 
furnaces (this category includes boilers).\2\ The Commission has 
extended the coverage of the Appliance Labeling Rule (''Rule'') four 
times since it originally issued the Rule: in 1987 (central air 
conditioners, heat pumps, and pulse combustion and condensing 
furnaces); \3\ 1989 (fluorescent lamp ballasts); \4\ 1993 (certain 
plumbing products \5\), and 1994 (certain lighting products \6\). On 
July 1, 1994, the Commission amended the Rule to make certain 
improvements, including making the label format more ``user-friendly,'' 
changing the energy usage descriptors required on labels, and adopting 
new product sub-categories for ranges of comparability purposes.\7\ In 
addition to the new format, which applies to labels for all products, 
the changes for clothes washer labels are the requirement to disclose 
kilowatt-hour use per year (instead of estimated annual operating cost) 
for the primary energy usage disclosure and ranges of comparability, 
and the addition of the ``front-loading'' and ``top-loading'' sub-
categories to the ``standard'' and ``compact'' categories.
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    \2\ 44 FR 66466, 16 CFR Part 305 (Nov. 19, 1979). The Statement 
of Basis and Purpose for the final Rule describes the reasons the 
Commission determined not to cover the other categories of covered 
products. Id. at 66467-69.
    \3\ 52 FR 46888 (Dec. 10, 1987).
    \4\ 54 FR 28031 (July 5, 1989).
    \5\ 58 FR 54955 (Oct. 25, 1993).
    \6\59 FR 25176 (May 13, 1994).
    \7\ 59 FR 34014.
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    Section 305.8(b) of the Rule requires manufacturers, after filing 
an initial report, to report annually by specified dates for each 
product type.\8\ These reports, which are to 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 consistent with these changes, under Section 
305.10 of the Rule of Commission will publish 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 will publish a statement that the prior 
ranges remain in effect for the next year.
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    \8\ Reports for clothes washers are due March 1.
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    The annual submissions of data for clothes washers have been made 
and have been analyzed by the Commission. The Commission has found a 
significant number of the upper and lower limits of the ranges have 
changed by more than 15%. Accordingly, the Commission is publishing new 
ranges of comparability for the clothes washer category. These ranges 
will supersede the current ranges for clothes washers, which were 
published on May 25, 1995.\9\
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    \9\ 60 FR 27690.
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    In consideration of the foregoing, the Commission revises Appendix 
F of its Appliance Labeling Rule by publishing the following ranges of 
comparability for use in required disclosures (including labeling) for 
clothes washers manufactured on or after September 11, 1996. In 
addition, as of this effective date, the disclosures of estimated 
annual operating cost required at the bottom of the EnergyGuide for 
clothes washers must be based on the 1996 Representative Average Unit 
Costs of Energy for electricity (8.6 cents per kilowatt-hour) and 
natural gas (62.6 cents per therm) that were published by

[[Page 29940]]

DOE on January 19, 1996,\10\ and by the Commission on February 14, 
1996.\11\
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    \10\ 61 FR 1366.
    \11\ 61 FR 5679.
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List of Subjects of 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 F to Part 305 is revised to read as follows:

Appendix F to Part 305--Clothes Washers

Range Information

    ``Compact'' includes all household clothes washers with a tub 
capacity of less than 1.6 cu. ft. or 13 gallons of water.
    ``Standard'' includes all household clothes washers with a tub 
capacity of 1.6 cu. ft. or 13 gallons of water or more.

------------------------------------------------------------------------
                                                            Range of    
                                                        estimated annual
                                                             energy     
                       Capacity                         consumption (kWh/
                                                              yr.)      
                                                       -----------------
                                                          Low      High 
------------------------------------------------------------------------
Compact:                                                                
  Top Loading.........................................      607     1061
  Front Loading.......................................      (*)      (*)
Standard:                                                               
  Top Loading.........................................      616     1335
  Front Loading.......................................      241      280
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(*) No data submitted.                                                  

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 96-15022 Filed 6-12-96; 8:45 am]
BILLING CODE 6750-01-M