Appliances, consumer; energy consumption and water use information in labeling and advertising: Comparability ranges— Instantaneous water heaters,

[Federal Register: August 28, 1998 (Volume 63, Number 167)]

[Rules and Regulations]

[Page 45941-45943]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr28au98-10]

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.

SUMMARY: The Federal Trade Commission (``Commission'') amends its Appliance Labeling Rule by publishing new ranges of comparability to be used on required labels for instantaneous water heaters. The Commission also announces that the current ranges of comparability for room air conditioners, storage-type water heaters, heat pump water heaters, pool heaters, furnaces, boilers, and dishwashers will remain in effect until further notice.

EFFECTIVE DATE: November 27, 1998.

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

SUPPLEMENTARY INFORMATION: The Appliance Labeling Rule (``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.\1\ The Rule covers eight categories of major household appliances: refrigerators and refrigerator-freezers, freezers, dishwashers, clothes washers, water heaters (this category includes storage-type water heaters, instantaneous water heaters, and heat pump water heaters), room air conditioners, furnaces (this category includes boilers), and central air conditioners (this category includes heat pumps). The Rule also covers pool heaters (59 FR 49556 (Sept. 28, 1994)), and contains requirements that pertain to fluorescent lamp ballasts (54 FR 28031 (July 5, 1989)), certain plumbing products (58 FR 54955 (Oct. 25, 1993)), and certain lighting products (59 FR 25176 (May 13, 1994)).

\1\ 42 U.S.C. 6294. The statute also requires 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 and pool heaters 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. It also requires manufacturers of furnaces, central air conditioners, and heat pumps either to provide fact sheets showing additional cost information, or to be listed in an industry directory showing the cost information for their products. The Rule requires that manufacturers 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

[[Page 45942]]

consumers can compare the energy consumption or efficiency of other models (perhaps competing brands) similar to the labeled model. The Rule requires that manufacturers also 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.

Section 305.8(b) of the Rule requires manufacturers, after filing an initial report, to report annually (by specified dates for each product type) \2\ 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. Under Section 305.10 of the Rule, to keep the required information on labels consistent with these changes, the Commission publishes 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 publishes a statement that the prior ranges remain in effect for the next year.

\2\ Reports for room air conditioners, water heaters (storage- type, instantaneous, and heat pump-type), furnaces, boilers, and pool heaters are due May 1. Reports for dishwashers are due June 1.

The annual submissions of data for room air conditioners, water heaters (including storage-type, instantaneous, and heat pump water heaters), furnaces, boilers, pool heaters, and dishwashers have been made and have been analyzed by the Commission.

The ranges of comparability for room air conditioners, storage-type water heaters, heat pump water heaters, furnaces, boilers, dishwashers, and pool heaters have not changed by more than 15% from the current ranges for these products. Therefore, the current ranges for these products will remain in effect until further notice.\3\ This means that manufacturers of storage-type water heaters, furnaces, and boilers must continue to use the ranges that were published on September 23, 1994, and that manufacturers of storage-type water heaters must continue to base the disclosures of estimated annual operating cost required at the bottom of Energy Guides for these products on the 1994 Representative Average Unit Costs of Energy for electricity (8.41 cents per kilo Watt- hour), natural gas (60.4 cents per therm), propane (98cents per gallon), and/or No. 2 heating oil ($1.05 per gallon) that were published by DOE on December 29, 1993 (58 FR 68901), and by the Commission on February 8, 1994 (59 FR 5699). Manufacturers of heat pump water heaters and pool heaters must continue to use the ranges that were published on August 21, 1995. Manufacturers of room air conditioners must continue to use the corrected ranges for room air conditioners that were published on November 13, 1995. Manufacturers of heat pump water heaters, pool heaters, and room air conditioners must continue to base the disclosures of estimated annual operating cost required at the bottom of Energy Guides for these products on the 1995 Representative average Unit Costs of Energy for electricity (8.67 cents per kilo Watt-hour), natural gas (63 cents per therm), propane (98.5 cents per gallon), and/or No. 2 heating oil ($1.008 per gallon) that were published by DOE on January 5, 1995 (60 FR 1773), and by the Commission on February 17, 1995 (60 FR 9295). Manufacturers of dishwashers must continue to use the ranges that were published on August 25, 1997, and must continue to base the disclosures of estimated annual operating cost required at the bottom of Energy Guides for these product on the 1997 Representative Average Unit Costs of Energy for electricity (8.31 cents per kilo Watt-hour), natural gas (61.2 cents per therm), propane (98cents per gallon), and/or No. 2 heating oil (99 cents per gallon) that were published by DOE on November 18, 1996 (61 FR 58679), and the Commission on February 5, 1997 (62 FR 5316).

\3\ The current ranges for storage-type water heaters, furnaces, and boilers were published on September 23, 1994 (59 FR 48796). The current ranges for heat pump water heaters, pool heaters, and room air conditioners (originally) were published on August 21, 1995 (60 FR 43367). A corrected version of the ranges for room air conditioners was published on November 13, 1995 (60 FR 56945, at 56949). The current ranges for dishwashers were published on August 25, 1997 (62 FR 44890).

The data submission for instantaneous water heaters has resulted in new ranges of comparability figures for these products, which will supersede the current ranges.\4\

\4\ The current ranges for instantaneous water heaters were published on September 16, 1996 (61 FR 48620). Because the Commission has never received any submissions of data for oil-fired instantaneous water heaters, the ranges for these products show ``no data submitted'' for all size categories. The Commission will not, therefore, amend the ranges for oil-fired instantaneous water heaters because they have not changed.

In consideration of the foregoing, the Commission revises Appendix D4 of Part 305 by publishing the following ranges of comparability for use in required disclosures (including labeling) for instantaneous water heaters manufactured on or after November 27, 1998. In addition, as of this effective date, manufacturers of instantaneous water heaters must base the disclosures of estimated annual operating cost required at the bottom of Energy Guides for instantaneous water heaters on the 1998 Representative average Unit Costs of Energy for electricity (8.42 cents per kilo Watt-hour), natural gas (61.9 cents per therm), propane (95 cents per gallon), and/or No. 2 heating oil (95 cents per gallon) that were published by DOE on December 8, 1997 (62 FR 64574), and by the Commission on December 29, 1997 (62 FR 67560).

List of Subjects in 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 D4 to Part 305 is revised to read as follows:

    Appendix D4 to Part 305--Water Heaters--Instantaneous--Gas

    Range Information:

    Capacity

    Range of estimated annual energy consumption (therms/

    yr. and gallons/yr.)

    Natural gas therms/yr.

    Propane gallons/yr. First hour rating

    Low

    High

    Low

    High

    Less than 21............................................

    (*)

    (*)

    (*)

    (*) 21 to 24................................................

    (*)

    (*)

    (*)

    (*) 25 to 29................................................

    (*)

    (*)

    (*)

    (*)

    [[Page 45943]]

    30 to 34................................................

    (*)

    (*)

    (*)

    (*) 35 to 40................................................

    (*)

    (*)

    (*)

    (*) 41 to 47................................................

    (*)

    (*)

    (*)

    (*) 48 to 55................................................

    (*)

    (*)

    (*)

    (*) 56 to 64................................................

    (*)

    (*)

    (*)

    (*) 65 to 74................................................

    (*)

    (*)

    (*)

    (*) 75 to 86................................................

    (*)

    (*)

    (*)

    (*) 87 to 99................................................

    (*)

    (*)

    (*)

    (*) 100 to 114..............................................

    230

    234

    252

    256 115 to 131..............................................

    (*)

    (*)

    (*)

    (*) Over 131................................................

    161

    238

    184

    260

    *No data submitted.

    By direction of the Commission. Donald S. Clark, Secretary.

    [FR Doc. 98-23150Filed8-27-98; 8:45 am]

    BILLING CODE 6750-01-M

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT