[Federal Register: February 21, 2003 (Volume 68, Number 35)]
[Rules and Regulations]
[Page 8448-8449]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21fe03-2]
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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'') to require clothes washer
manufacturers to submit their annual energy data for clothes washers on
October 1 rather than March 1 as currently required. This change will
make FTC's reporting date consistent with that of the Canadian energy
labeling program.
EFFECTIVE DATE: February 21, 2003.
FOR FURTHER INFORMATION CONTACT: Hampton Newsome, Attorney, Division of
Enforcement, Federal Trade Commission, Washington, DC 20580 (202-326-
2889); hnewsome@ftc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Commission issued the Appliance Labeling Rule 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, among
other things, eight categories of major household appliances:
refrigerators and refrigerator-freezers, freezers, dishwashers, clothes
washers, water heaters, room air conditioners, furnaces, and central
air conditioners.
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\1\ 42 U.S.C. 6294. The statute also requires the Department of
Energy 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 Department of Energy (``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, 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 requires manufacturers, after filing an initial report, to
report annually the estimated annual energy consumption or energy
efficiency ratings for the appliances derived from tests performed
pursuant to the DOE test procedures. 16 CFR 305.8(b). 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.
II. Changes to Reporting Date for Clothes Washers
In a February 7, 2003 letter to Commission staff, the Association
of Home Appliance Manufacturers (AHAM) requested that the Commission
amend the reporting date for clothes washer data from March 1 to
October 1 of each year. This change will ensure that FTC's submission
deadline is consistent with the Canadian reporting period for clothes
washers. The Canadian program, administered by Natural Resources
Canada, provides manufacturers with a three month period to submit
data, which usually begins sometime in September of each year. This
amendment will allow manufacturers to compile and submit their annual
reports to both agencies in the same time period.
For this year, the change in reporting date will also allow
manufacturers to provide the FTC with new energy information based on
the most recent DOE test procedure for these products. A new DOE test
procedure for clothes washers (see 10 CFR Part 430, Subpt. B, App. J1)
and a new energy standard for clothes washers will become effective on
January 1, 2004.\2\ For any particular model, the application of the
new test procedure is likely to produce energy consumption figures
different from those yielded by the existing DOE test. The current
ranges of comparability for clothes washers are based on data for
models that have been tested under the current DOE test. AHAM has
indicated that it plans to submit data in October 2003 for clothes
washers that comply with the 2004 standard and have been tested under
the new procedure. This will allow the Commission to review this data
and, if appropriate, publish new ranges that reflect new 2004 compliant
models tested under the new procedure. Clothes washer labels printed in
early 2004 would then provide energy consumption figures and ranges of
comparability that reflect the new procedure. By publishing the new
ranges as early as possible, the Commission hopes to reduce any
confusion that may result from the transition from the old test
procedure to the new one.
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\2\ See 62 FR 45484 (August 27, 1997) and 66 FR 3314 (January
12, 2001).
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In its February 7, 2003 letter, AHAM also requested that the
Commission allow its members to use the new test results for
EnergyGuide labels printed before January 1, 2004. AHAM also proposed
clarifying changes to the clothes washer label. The Commission will
address these additional issues separately.
III. Non-Substantive Change to Dishwasher Reporting Date
The Commission is also amending the language in the Rule in
Sec. Sec. 305.8(b) and 305.10(a) to eliminate obsolete language
related to the publication of ranges and the submission of data for
dishwashers in 2002 (see 67 FR 35008 (May 17, 2002)).
IV. Administrative Procedure Act
The amendments published in this notice involve minor, procedural
changes to the submission date for data already required by the Rule.
These technical amendments merely alter the dates on which compliance
is required and do not affect the requirements of the Rule nor do the
amendments alter the frequency with which regulated entities must
comply with these requirements. Accordingly, the Commission finds for
good cause that public comment and a 30-day effective date for these
technical, procedural amendments are unnecessary (5 U.S.C. 553(b)(A)(B)
and (d)).
[[Page 8449]]
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.
The amendments merely alter the dates on which compliance is required
and do not affect the requirements of the rule nor do the amendments
alter the frequency with which regulated entities must comply with
these requirements. 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 1988 notice (53 FR 22113), 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.\3\ 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 again 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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\3\ 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.
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. In Sec. 305.8, paragraph (b) is revised to read as follows:
Sec. 305.8 Submission of data
* * * * *
(b)(1) All data required by Sec. 305.8(a) except serial numbers
shall be submitted to the Commission annually, on or before the
following dates:
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Product category Deadline for data submission
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Refrigerators............................ Aug. 1
Refrigerator-freezers.................... Aug. 1
Freezers................................. Aug. 1
Central air conditioners................. July 1
Heat pumps............................... July 1
Dishwashers.............................. June 1
Water heaters............................ May 1
Room air conditioners.................... May 1
Furnaces................................. May 1
Pool heaters............................. May 1
Clothes washers.......................... Oct. 1
Fluorescent lamp ballasts................ Mar. 1
Showerheads.............................. Mar. 1
Faucets.................................. Mar. 1
Water closets............................ Mar. 1
Urinals.................................. Mar. 1
Fluorescent lamps........................ Mar. 1 [Stayed]
Medium Base Compact Fluorescent Lamps.... Mar. 1 [Stayed]
Incandescent Lamps, incl. Reflector Lamps Mar. 1 [Stayed]
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(2) All revisions to such data (both additions to and deletions
from the preceding data) shall be submitted to the Commission as part
of the next annual report period.
3. In Sec. 305.10, paragraph (a) is revised to read as follows:
Sec. 305.10 Ranges of estimated annual energy consumption and energy
efficiency ratings.
(a) The range of estimated annual energy consumption or energy
efficiency ratings for each covered product (except fluorescent lamp
ballasts, showerheads, faucets, water closets or urinals) shall be
taken from the appropriate appendix to this rule in effect at the time
the labels are affixed to the product. The Commission shall publish
revised ranges annually in the Federal Register, if appropriate, or a
statement that the specific prior ranges are still applicable for the
new year. Ranges will be changed if the estimated annual energy
consumption or energy efficiency ratings of the products within the
range change in a way that would alter the upper or lower estimated
annual energy consumption or energy efficiency rating limits of the
range by 15% or more from that previously published. When a range is
revised, all information disseminated after 90 days following the
publication of the revision shall conform to the revised range.
Products that have been labeled prior to the effective date of a
modification under this section need not be relabeled.
* * * * *
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 03-4079 Filed 2-20-03; 8:45 am]
BILLING CODE 6750-01-P