[Federal Register: September 29, 2003 (Volume 68, Number 188)]
[Rules and Regulations]
[Page 55820-55822]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se03-11]
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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 minor, technical
changes to the requirements for EnergyGuide labels for dishwashers to
conform the labels to a new test procedure published by the Department
of Energy (``DOE'') on August 29, 2003 (68 FR 51887).
EFFECTIVE DATE: The amendments become effective on February 25, 2004.
FOR FURTHER INFORMATION CONTACT: Hampton Newsome, Attorney, Division of
Enforcement, Federal Trade Commission, Washington, DC 20580 (202) 326-
2889.
SUPPLEMENTARY INFORMATION: The 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.
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\1\ 42 U.S.C. 6294. The statute also requires the 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.
I. Recent DOE Test Procedure Change
On August 29, 2003, DOE published amendments to the test procedure
manufacturers must use to determine the energy use of their dishwashers
(68 FR 51887). The DOE amendments provide a new test procedure for
testing the energy consumption of soil-sensing models, requires that
manufacturers include the measurement of standby power consumption in
cost and energy use for all dishwashers, and add new specifications for
instrumentation requirements. Manufacturers may begin using this
amended test procedure on September 29, 2003 and must use it for energy
representations by February 25, 2004.\2\ The amended DOE test procedure
also changes the number of annual cycles used to estimate the energy
consumption of a dishwasher in one year. The amendments reduce that
number from 264 to 215 cycles per year (correlating to about 4
washloads per week).
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\2\ Under EPCA, all energy use representations (including
information on the EnergyGuide labels) must reflect the amended test
procedure beginning 180 days after DOE prescribes the change in the
procedure (i.e., the date the rule is published in the Federal
Register). 42 U.S.C. 6293(c).
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[[Page 55821]]
As a result of this change, the Commission must amend the required
explanatory information on the EnergyGuide labels for dishwashers.
Currently, section 305.11(a)(5)(i)(H)(2) of the Rule requires
dishwasher labels to state ``five washloads a week'' as a basis for the
energy use and annual operating cost information on the label. The
Commission is amending that language to read ``four washloads a week''
to reflect the new 215 cycles per year figure required by the amended
test procedure. Pursuant to 42 U.S.C. 6293(c)(2), all dishwasher labels
for units produced after February 25, 2004 (i.e., 180 days after
publication of DOE's amendment) must reflect the results of the new DOE
test procedure. Accordingly, the effective date of the Commission's
amendment is February 25, 2004. Manufacturers, however, may begin using
the reference to four washloads per week when they start using the
results from the amended test procedure on their labels.\3\ This will
ensure that the reference to washloads on the label is consistent with
the test used by the manufacturer.
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\3\ See 68 FR at 51888. On August 11, 2003 (68 FR 47449), the
Commission published new ranges of comparability for standard
capacity dishwashers. Manufacturers must use these ranges on labels
by November 10, 2003. Under 42 U.S.C. 6296(c), the ``Commission may
not require labels be changed to reflect the revised tables of
ranges more often than annually.'' Accordingly, the Commission will
not be able to require new ranges to reflect the new test procedure
results until November 10, 2004.
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II. Administrative Procedure Act
The amendments published in this notice involve minor, technical
conforming changes to the labeling requirements in the Rule. The minor
or conforming amendments require changes to the EnergyGuide label so
that the information is accurate and reflects recent DOE changes to the
test procedures for these products. 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)).
III. 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.
IV. 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
September 30, 2004. 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 as follows:
Authority: 42 U.S.C. 6294.
0
2. Section 305.11(a)(5)(i)(H)(2) is amended to read as follows:
Sec. 305.11 Labeling for covered products.
* * * * *
(a) * * *
(5) * * *
(i) * * *
(H) * * *
(2) For clothes washers and dishwashers, the statement will read as
follows (fill in the blanks with the appropriate appliance name, the
operating cost, the number of loads per week, the year, and the energy
cost figures): [Clothes Washers, or Dishwashers] using more energy cost
more to operate. This model's estimated yearly operating cost is:
[Electric cost figure will be boxed] when used with an electric water
heater [Gas cost figure will be boxed] when used with a natural gas
water heater. Based on [4 washloads a week for dishwashers, or 8
washloads a week for clothes washers], and a [Year] U.S. Government
national average cost of $-- per kWh for electricity and $-- per therm
for natural gas. Your actual operating cost will vary depending on your
local utility rates and your use of the product.
* * * * *
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3. Appendix L is amended by revising Sample Label 4 of part 305 to read
as follows:
[[Page 55822]]
[GRAPHIC] [TIFF OMITTED] TR29SE03.061
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 03-24570 Filed 9-26-03; 8:45 am]
BILLING CODE 6750-01-P