Federal Register: October 24, 2002 (Volume 67, Number 206)
DOCID: FR Doc 02-26970
FEDERAL TRADE COMMISSION
Federal Trade Commission
CFR Citation: 16 CFR Part 305
ACTION: Appliances, consumer; energy consumption and water use information in labeling and advertising:
DOCUMENT ACTION: Final rule.
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'')
EFFECTIVE DATES: January 22, 2003.
The Federal Trade Commission (``Commission'') announces that, because ranges of comparability have not changed significantly, the current ranges of comparability for refrigerators, refrigerator freezers, and freezers will remain in effect until further notice.
Comparability ranges—; Regrigerators, refrigerator-freezers, and freezers,
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 refrigerators, refrigeratorfreezers, and freezers.
\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.
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, 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 other models similar to the labeled model. The rule also requires manufacturers to include, on labels for some products, including those that are the subject of this notice, 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 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 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.
\2\ Reports for refrigerators, refrigeratorfreezers, and freezers are due August 1.
II. 2002 Refrigerator Information
The annual submissions of data for refrigerators, refrigerator
freezers, and freezers have been made and analyzed by the Commission.
The ranges of comparability for the products have not changed
significantly for these products.\3\ Therefore, the current ranges for
these products (16 CFR Part 305, Appendices A1 through A8 and B1 through B3) will remain in effect until further notice.\4\
\3\ The Commission's analysis excluded models with energy consumption figures that do not meet the current DOE energy conservation standards. See 62 FR 23102 (April 28, 1997).
\4\ See November 19, 2001 (66 FR 57867), November 26, 2001 (66 FR 59050), December 10, 2001 (66 FR 63749), and January 29, 2002 (67 FR 4173).
List of Subjects in 16 CFR Part 305
Advertising, Energy conservation, Household appliances, Labeling, Reporting and recordkeeping requirements.
The authority citation for Part 305 continues to read as follows:
Authority: 42 U.S.C. 6294.
By direction of the Commission.
Donald S. Clark,
[FR Doc. 0226970 Filed 102302; 8:45 am] BILLING CODE 675001M
FOR FURTHER INFORMATION CONTACT
Hampton Newsome, Attorney, Division of Enforcement, Federal Trade Commission, Washington, DC 20580 (202326 2889); email@example.com.