[Federal Register: August 9, 2006 (Volume 71, Number 153)]
[Rules and Regulations]
[Page 45371-45374]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au06-6]
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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'') is amending the
Appliance Labeling Rule (``Rule'') by publishing new ranges of
comparability for room air conditioners. The Commission also announces
that the current ranges of comparability required by the Rule for water
heaters, furnaces, boilers, dishwashers, and pool heaters will remain
in effect until further notice.
DATES: The amendments published in this notice are effective November
7, 2006.
FOR FURTHER INFORMATION CONTACT: Hampton Newsome, Attorney, 202-326-
2889, Division of Enforcement, Bureau
[[Page 45372]]
of Consumer Protection, Federal Trade Commission, Washington, DC 20580.
SUPPLEMENTARY INFORMATION: The Commission issued the Appliance Labeling
Rule (``Rule'') in 1979, 44 FR 66466 (November 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 water heaters, room air conditioners, furnaces,
boilers, dishwashers, and pool heaters.
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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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I. Background
The Rule requires manufacturers of all covered appliances to
disclose specific energy consumption or efficiency information derived
from Department of Energy (``DOE'') test procedures at the point of
sale in the form of an ``EnergyGuide'' label, in fact sheets (for some
appliances), 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 similar models. 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 energy 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.\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 DOE test procedures. Because
manufacturers regularly add new models to their lines, improve existing
models, and discontinue others, the data base from which the ranges of
comparability are calculated changes constantly. To keep the
information on labels up-to-date, the Commission, therefore, publishes
new ranges if the upper or lower limits of the ranges have changed by
more than 15%. Otherwise, the Commission publishes a statement that the
prior ranges remain in effect for the next year.
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\2\ Annual reports for water heaters, room air conditioners,
furnaces, boilers, and pool heaters are due May 1. Annual reports
for dishwashers are due June 1.
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II. New Ranges for Room Air Conditioners
The 2006 manufacturer data for room air conditioners indicates that
ranges of comparability for room air conditioners have changed
significantly since the Commission last amended the ranges in 1995.
Accordingly, the Commission is amending the range for room air
conditioners in Appendix E of the Rule. The new ranges of comparability
for room air conditioners supersede the current ranges, which were
published on November 13, 1995 (60 FR 56945). Room air conditioner
manufacturers must base the disclosures of estimated annual operating
cost required at the bottom of EnergyGuide labels for these products on
the 2006 Representative Average Unit Costs of Energy for electricity
(9.81 cents per kiloWatt-hour) that were published by DOE on March 11,
2005 (71 FR 9806).\3\
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\3\ Unlike DOE requirements (see 10 CFR 430.32), FTC labeling
rules do not have separate room air conditioner categories for
casement-only and casement-slider models. Accordingly, the FTC
ranges of comparability for many room air conditioner categories are
based on data that include the efficiency ratings of these
specialized model types. In some cases, the minimum DOE efficiency
standards for casement models are lower than that allowed for other
room air conditioner models.
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III. Review of 2005 Data Submissions for Water Heaters, Dishwashers,
Furnaces, Boilers, and Pool Heaters
Manufacturers have also submitted data for water heaters (including
storage-type, gas-fired instantaneous, and heat pump water heaters),
dishwashers, furnaces (including boilers), and pool heaters. The ranges
of comparability for these products have not changed significantly.
Therefore, the current ranges will remain in effect until further
notice. Manufacturers should continue to base their cost disclosures on
estimated annual operating costs specified in the applicable Appendices
to the Rule.
IV. 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. 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)).
V. 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.
VI. 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.\4\ 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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\4\ 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:
Authority: 42 U.S.C. 6294.
[[Page 45373]]
2. Appendix E to part 305 is revised to read as follows:
Appendix E to Part 305.--Room Air Conditioners
[Range Information]
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Range of energy efficiency
Manufacturer's rated cooling capacity in ratios (EERs)
Btu's/yr -------------------------------
Low High
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Without Reverse Cycle and with Louvered
Sides:
Less than 6,000 Btu................. 9.7 11.2
6,000 to 7,999 Btu.................. 8.7 11.5
8,000 to 13,999 Btu................. 8.5 12.0
14,000 to 19,999 Btu................ 8.5 11.5
20,000 and more Btu................. 8.5 9.9
Without Reverse Cycle and without
Louvered Sides:
Less than 6,000 Btu................. (*) (*)
6,000 to 7,999...................... 9.0 10.0
8,000 to 13,999 Btu................. 8.5 10.5
14,000 to 19,999 Btu................ 9.0 9.0
20,000 and more Btu................. (*) (*)
With Reverse Cycle and with Louvered 9.0 12.0
Sides..................................
With Reverse Cycle, without Louvered 8.5 10.0
Sides..................................
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* No data submitted for units meeting Federal Minimum Efficiency
Standards effective October 1, 2000.
Cost Information for Appendix E
When the ranges of comparability in Appendix E are used on
EnergyGuide labels for room air conditioners, the estimated annual
operating cost disclosure appearing in the box at the bottom of the
labels must be derived using the 2006 Representative Average Unit
Costs for electricity (9.81[cent] per kiloWatt-hour) and the text
below the box must identify the costs as such
0
3. Sample Label 6 of Appendix L to Part 305 is revised to read as
follows:
Appendix L to Part 305--Sample Labels
* * * * *
BILLING CODE 6750-01-P
[[Page 45374]]
[GRAPHIC] [TIFF OMITTED] TR09AU06.005
Sample Label 6
* * * * *
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 06-6814 Filed 8-8-06; 8:45 am]
BILLING CODE 6750-01-C