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”), 32484-32487 [05-11026]
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32484
Federal Register / Vol. 70, No. 106 / Friday, June 3, 2005 / Rules and Regulations
of the rudder control system to verify
the parts were installed using the
correct standard, and corrective actions
if necessary. For certain VLAs, this new
AD requires repetitive inspections of the
VLA and corrective action if necessary.
This new AD also provides a
terminating action for the repetitive
inspections. Furthermore, this new AD
reduces the applicability of affected
airplanes.
As published, that final rule
incorrectly specified the AD number for
the superseded AD in a single location
in the AD as ‘‘2002–08–13’’ instead of
‘‘2001–22–02.’’
Since no other part of the regulatory
information has been changed, the final
rule is not being republished in the
Federal Register.
The effective date of this AD remains
March 21, 2005.
§ 39.13
Effective Date: June 3, 2005.
Paul
Gallant, Airspace and Rules, Office of
System Operations and Safety, Federal
Aviation Administration, 800
Independence Avenue, SW.,
Washington, DC 20591; telephone: (202)
267–8783.
FOR FURTHER INFORMATION CONTACT:
On page 7385, in the third column,
paragraph 2., of PART 39—
AIRWORTHINESS DIRECTIVES is
corrected to read as follows:
*
*
*
*
*
2005–03–14 Airbus: Docket 2003–NM–16–
AD. Amendment 39–13970. Supersedes
AD 2001–22–02, Amendment 39–12481.
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Issued in Renton, Washington, on May 26,
2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–11048 Filed 6–2–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2005–21329; Airspace
Docket No. 05–AEA–13]
RIN 2120–AA66
Revocation of VOR Federal Airway V–
623
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This action revokes VOR
Federal Airway V–623 that extends from
the Sparta, NJ, Very High Frequency
Omnidirectional Range/Tactical Air
Navigation (VORTAC) to the Carmel,
NY, Very High Frequency
Omnidirectional Range/Distance
Measuring Equipment (VOR/DME). The
FAA is taking this action due to
unsatisfactory navigation signal
coverage.
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PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
I
SUPPLEMENTARY INFORMATION:
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
History
§ 71.1
On February 7, 2005, the FAA
published in the Federal Register a final
rule establishing V–623 (70 FR 6336)
with an effective date of May 12, 2005.
However, navigation aid signal coverage
problems have been identified which
remain unresolved. As a result, the FAA
has decided to revoke V–623.
I
The Rule
*
The FAA is amending title 14 Code of
Federal Regulations (14 CFR) part 71 by
revoking VOR Federal airway V–623.
The FAA is taking this action due to
unresolved navigation aid signal
coverage problems along segments of
the route.
VOR Federal Airways are published
in paragraph 6010 of FAA Order
7400.9M dated August 30, 2004 and
effective September 16, 2004, which is
incorporated by reference in 14 CFR
71.1.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation: (1) Is
not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
V–623
[Corrected]
I
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DATES:
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by Reference,
Navigation (air).
The Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
I
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[Amended]
2. The incorporation by reference in 14
CFR 71.1 of FAA Order 7400.9M,
Airspace Designations and Reporting
Points, dated August 30, 2004, and
effective September 16, 2004, is
amended as follows:
Paragraph 6010(a)—Domestic VOR
Federal Airways
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[Revoked]
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Issued in Washington, DC, on May 26,
2005.
Edith V. Parish,
Acting Manager, Airspace and Rules.
[FR Doc. 05–11113 Filed 6–2–05; 8:45 am]
BILLING CODE 4910–13–P
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:
ACTION:
Federal Trade Commission.
Final rule.
SUMMARY: The Federal Trade
Commission (‘‘Commission’’)
announces that the current ranges of
comparability required by the
Appliance Labeling Rule (‘‘Rule’’) for
water heaters, room air conditioners,
furnaces, boilers, and pool heaters will
remain in effect until further notice. In
addition, the Commission is revising
Table 1 in § 305.9 of the Rule to
incorporate the latest figures for average
unit energy costs published by the
Department of Energy (‘‘DOE’’) this year
and to update cost figures in
Appendices H and I of the Rule. The
Commission is also making technical
amendments to § 305.9 and Appendix E
of the Rule to clarify the applicability of
the cost figures in Table 1 to products
covered by the Rule.
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Federal Register / Vol. 70, No. 106 / Friday, June 3, 2005 / Rules and Regulations
The amendments published in
this notice are effective September 1,
2005.
FOR FURTHER INFORMATION CONTACT:
Hampton Newsome, Attorney, 202–326–
2889, Division of Enforcement, Bureau
of Consumer Protection, Federal Trade
Commission, Washington, DC 20580.
SUPPLEMENTARY INFORMATION: On
November 19, 1979, the Commission
issued a final rule in response to a
directive in section 324 of the Energy
Policy and Conservation Act (‘‘EPCA’’),
42 U.S.C. 6201. The Rule requires
manufacturers of all covered appliances
(e.g., water heaters and room air
conditioners) to disclose specific energy
consumption or efficiency information
derived from standard DOE test
procedures at the point of sale in the
form of an ‘‘EnergyGuide’’ label and in
catalogs. It also requires manufacturers
of furnaces and central air conditioners
either to provide fact sheets showing
additional cost information, or to
provide that information in an industry
directory. Manufacturers must include,
on labels and fact sheets, a ‘‘range of
comparability’’ which shows the highest
and lowest energy consumption or
efficiencies for all comparable appliance
models. The Rule further requires that
labels for some products display the
estimated annual operating cost of the
product 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
notification, to report certain
information annually to the Commission
by specified dates for each product
type.1 Each year the Commission
reviews the submitted data and
publishes new ranges of comparability if
an analysis of the new information
indicates that the upper or lower limits
of the ranges have changed by more
than 15%. Additional information about
the Commission’s Appliance Labeling
Rule can be found at www.ftc.gov/
appliances.
DATES:
I. Review of 2005 Data Submissions
(Room Air Conditioners, Water Heaters,
Furnaces, and Pool Heaters)
Manufacturers have submitted data
for water heaters (including storagetype, gas-fired instantaneous, and heat
pump water heaters), room air
conditioners, furnaces (including
boilers), and pool heaters. The ranges of
comparability for these products have
not changed significantly. Therefore, the
1 Annual reports for room air conditioners, heat
pump water heaters, storage-type water heaters, gasfired instantaneous water heaters, furnaces, boilers,
and pool heaters are due May 1.
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current ranges for these products will
remain in effect until further notice.
Water heater manufacturers should
continue to base the disclosures of
estimated annual operating costs
required at the bottom of the
EnergyGuides for these products on the
2004 Representative Average Unit Costs
of Energy for electricity (8.60¢ per
kiloWatt-hour), natural gas (91.0¢ per
therm), propane ($1.23 per gallon), and/
or heating oil ($1.28 per gallon) (see 69
FR 42107 (July 14, 2004)).
Manufacturers of room air
conditioners must continue to use the
ranges for room air conditioners that
were published on November 13, 1995
(60 FR 56945, at 56949). Manufacturers
of room air conditioners must continue
to base the disclosures of estimated
annual operating cost required at the
bottom of EnergyGuides for these
products on the 1995 Representative
Average Unit Costs of Energy for
electricity (8.67¢ per kiloWatt-hour) that
was published by the Commission on
February 17, 1995 (60 FR 9295). The
Commission is amending Appendix E
(range information for room air
conditioners) to clarify that this cost
figure is applicable to room air
conditioner labels.
II. Amendments to Table 1 and Section
305.9(a)
A. Table 1
Table 1 in § 305.9(a) of the Rule sets
forth the representative average unit
energy costs for the current year. As
stated in § 305.9(b), the Table is to be
revised periodically on the basis of
updated information provided by DOE.
On March 11, 2005, DOE published the
most recent figures for representative
average unit energy costs (70 FR 12210).
The Commission is revising Table 1 in
§ 305.9 to reflect these latest cost
figures.
B. Section 305.9(a)
In addition to revising the cost
information in Table 1, the Commission
is amending § 305.9(a) to clarify the
applicability of that information to the
Rule’s requirements. Section 305.9(a)
states that the representative unit energy
costs in Table 1 should ‘‘be utilized for
all requirements of this part.’’ The
Commission is changing this language
because the cost data in Table 1 do not
necessarily apply to all the Rule’s
requirements. Although the cost data
apply to fact sheets and directories for
furnaces and central air conditioners
under § 305.11(b) and (c), manufacturers
should not necessarily use the Table for
calculating operating costs on
EnergyGuide labels. Instead, as the
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32485
Commission has routinely stated in the
past when annually updating the cost
figures,2 manufacturers preparing
EnergyGuide labels should use the cost
figure that was applicable when the
most recent ranges of comparability
were published. For example, if the
Commission published ranges of
comparability for a given product in
2001, manufacturers should continue to
use the 2001 DOE energy cost figures
until the Commission announces
otherwise. Paragraphs accompanying
the range tables in the Rule’s
appendices contain the applicable
operating costs that should be used on
EnergyGuide labels for refrigerators,
refrigerator-freezers, freezers,
dishwashers, clothes washers, water
heaters, and room air conditioners. The
Commission is changing the language in
§ 305.9(a) to clarify that, for purposes of
Appliance Labeling Rule compliance,
the costs in Table 1 apply to disclosures
on fact sheets and in directories for
furnaces and central air conditioners as
required by § 305.11(b) and (c). This
amendment should eliminate any
confusion caused by the current
language.
III. Operating Cost Information for
Central Air Conditioners Disclosed on
Fact Sheets and in Industry Directories
The Commission is amending the cost
calculation formulas in Appendices H
and I that manufacturers of central air
conditioners must include on fact sheets
and in directories to reflect this year’s
energy costs figures published by DOE.3
IV. Operating Cost Representations For
Products Covered by EPCA but Not by
the Commission’s Rule
Manufacturers of products covered by
section 323(c) of EPCA, 42 U.S.C.
6293(c), but not by the Appliance
Labeling Rule (e.g., clothes dryers,
television sets, kitchen ranges and
ovens, and space heaters) should use the
2005 DOE energy cost figures for their
operating cost representations until the
DOE publishes new figures in 2006.
2 e.g., 68 FR 23584 (May 5, 2003), 67 FR 39269
(June 7, 2002), 64 FR 7783 (Feb. 17, 1999), 62 FR
5316 (Feb. 5, 1997), 60 FR 9295 (Feb. 17, 1995), and
57 FR 6071 (Feb. 20, 1992).
3 Manufacturers of furnaces and central air
conditioners may elect to disseminate information
regarding the efficiencies and costs of operation of
their products by means of a directory or similar
publication instead of on fact sheets as long as they
meet certain conditions specified in the Rule at
§ 305.11(c).
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Federal Register / Vol. 70, No. 106 / Friday, June 3, 2005 / Rules and Regulations
V. Labeling of Refrigerators,
Refrigerator-Freezers, Freezers, Clothes
Washers, Dishwashers, Water Heaters,
and Room Air Conditioners
Manufacturers of these products must
continue to use the DOE cost figures
that were published and in effect the
year the ranges of comparability last
changed for the applicable covered
product.4 The cost figures currently
applicable to these products are
provided in the appendices to the Rule.
Manufacturers must continue to use
these figures until new ranges of
comparability and cost information for
an applicable product are published by
the Commission. In addition, the text
below the operating cost disclosure on
the EnergyGuide label should identify
the applicable energy cost figure used.
VI. Administrative Procedure Act
The amendments published in this
notice involve routine, technical and
minor, or conforming changes to the
Rule’s labeling requirements. These
technical amendments merely provide a
routine change to the cost information
in the Rule and clarify the requirements
in the Rule, without changing or
imposing any new legal obligations on
parties subject to the Rule. Accordingly,
the Commission finds for good cause
that public comment and a 30-day
effective date for these technical,
procedural amendments are impractical
and unnecessary (5 U.S.C. 553(b)(A)(B)
and (d)).
VII. Regulatory Flexibility Act
Regulatory Flexibility Act analysis
provisions (5 U.S.C. 603–604) are not
applicable to this proceeding to the
extent that the amendments do not
impose any new obligations on entities
regulated by the Appliance Labeling
Rule and are exempt from the
Administrative Procedure Act’s noticeand-comment requirements, as
explained above. In any event, these
technical amendments merely provide a
routine change to the cost information
in the Rule and clarify existing
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, in any event, 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, to
the extent, if any, that the Act applies.
VIII. 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.5 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 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.
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:
I
PART 305—[AMENDED]
1. The authority citation for part 305
continues to read:
I
Authority: 42 U.S.C. 6294.
2. Section 305.9(a) is revised to read as
follows:
I
§ 305.9 Representative average unit
energy costs.
(a) Table 1, below, contains the
representative unit energy costs to be
utilized for operating cost disclosures
for furnaces and central air conditioners
on fact sheets or in directories as
required by § 305.11(b)&(c) of this part.
TABLE 1.—REPRESENTATIVE AVERAGE UNIT COSTS OF ENERGY FOR FIVE RESIDENTIAL ENERGY SOURCES (2005)
Type of energy
In commonly used terms
As required by DOE test procedure
Electricity .................................................
Natural gas ..............................................
No. 2 heating oil ......................................
Propane ...................................................
Kerosene .................................................
9.06¢/kWh 2 3 ..........................................
$1.092/therm 4 or $11.23 MCF 5 6 ...........
$1.76/gallon 7 ...........................................
$1.55/gallon 8 ...........................................
$2.20/gallon 9 ...........................................
$0.0906/kWh ...........................................
$0.00001092/Btu .....................................
$0.00001268/Btu .....................................
$0.00001694/Btu .....................................
$0.00001632/Btu .....................................
Dollars per
million Btu 1
$26.55
10.92
12.68
16.94
16.32
1 Btu
stands for British thermal unit.
stands for kiloWatt hour.
kWh = 3,412 Btu.
4 1 therm = 100,000 Btu. Natural gas prices include taxes.
5 MCF stands for 1,000 cubic feet.
6 For the purposes of this table, 1 cubic foot of natural gas has an energy equivalence of 1,028 Btu.
7 For the purposes of this table, 1 gallon of No. 2 heating oil has an energy equivalence of 138,690 Btu.
8 For the purposes of this table, 1 gallon of liquid propane has an energy equivalence of 91,333 Btu.
9 For the purposes of this table, 1 gallon of kerosene has an energy equivalence of 135,000 Btu.
2 Wh
31
*
*
*
*
*
3. Appendix E to part 305 is revised to
read as follows:
I
4 Sections 305.11(a)(5)(i)(H)(2) and (3) of the Rule
(16 CFR 305.11(a)(5)(i)(H)(2) and (3)) require that
labels for refrigerators, refrigerator-freezers, freezers,
clothes washers, dishwashers, water heaters, and
room air conditioners contain a secondary energy
usage disclosure in terms of an estimated annual
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operating cost (labels for clothes washers and
dishwashers will show two such secondary
disclosures—one based on operation with water
heated by natural gas, and one based on operation
with water heated by electricity). The labels also
must disclose, below this secondary estimated
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annual operating cost, the fact that the estimated
annual operating cost is based on the appropriate
DOE energy cost figure, and must identify the year
in which the cost figure was published.
5 44 U.S.C. 3501–3520.
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Federal Register / Vol. 70, No. 106 / Friday, June 3, 2005 / Rules and Regulations
APPENDIX E TO PART 305—ROOM AIR CONDITIONERS
[Range information]
Range of energy efficiency ratios (EERs)
Manufacturer’s rated cooling capacity in Btu’s/yr
Low
Without Reverse Cycle and with Louvered Sides:
Less than 6,000 Btu .........................................................................................................................................................
6,000 to 7,999 Btu ............................................................................................................................................................
8,000 to 13,999 Btu ..........................................................................................................................................................
14,000 to 19,999 Btu. .......................................................................................................................................................
20,000 and more Btu ........................................................................................................................................................
Without Reverse Cycle and without Louvered Sides:
Less than 6,000 Btu .........................................................................................................................................................
6,000 to 7,999 Btu ............................................................................................................................................................
8,000 to 13,999 Btu ..........................................................................................................................................................
14,000 to 19,999 Btu. .......................................................................................................................................................
20,000 and more Btu ........................................................................................................................................................
With Reverse Cycle and with Louvered Sides ........................................................................................................................
With Reverse Cycle, without Louvered Sides .........................................................................................................................
*
High
8.0
8.5
9.0
8.8
8.2
10.0
10.3
12.0
10.7
10.0
(*)
8.5
8.5
(*)
(*)
8.5
8.0
(*)
9.6
9.2
(*)
(*)
11.5
9.0
No data submitted for units meeting Federal Minimum Efficiency Standards effective January 1, 1990.
Cost Information for Appendix E
Appendix H to part 305 [Amended]
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 1995 Representative
Average Unit Costs for electricity (8.67¢ per
kiloWatt-hour) and the text below the box
must identify the costs as such.
by adding, in its place, the figure
‘‘13.6¢’’.
I 4. In section 2 of Appendix H of Part
I 5. The formula in section 2 of
305, the text is amended by removing the Appendix H of part 305 is revised to read
figure ‘‘8.60¢’’ wherever it appears and
as follows in both places that it appears:
by adding, in its place, the figure
Appendix H to Part 305—Cooling
‘‘9.06¢’’. In addition, the text in this
Performance and Cost for Central Air
section is amended by removing the
Conditioners
figure ‘‘12.9¢’’ wherever it appears and
*
*
*
*
*
Your cooling Your electrical rate
Listed average annual load hours ** in cents per KWH
Your estimated cost = operating cost * ×
×
1,000
9.06¢
*
*
*
*
*
Appendix I to Part 305 [Amended]
I 6. In section 2 of Appendix I of part
305, the text is amended by removing the
figure ‘‘8.60¢’’ wherever it appears and
by adding, in its place, the figure
‘‘9.06¢’’. In addition, the text and
formulas are amended by removing the
figure ‘‘12.90¢’’ wherever it appears and
by adding, in its place, the figure
‘‘13.6¢’’.
Appendix I to Part 305—Heating
Performance and Cost for Central Air
Conditioners
*
*
*
*
*
7. In section 2 of Appendix I of part
305, the formula is revised to read as
follows in both places that it appears:
I
Your electrical cost
in cents per KWH
Your estimated cost = Listed annual heating cost * ×
9.06¢
*
*
*
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 510
BILLING CODE 6750–01–P
New Animal Drugs; Change of
Sponsor’s Name
AGENCY:
Food and Drug Administration,
HHS.
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ACTION:
Final rule.
SUMMARY: The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect a
change of sponsor’s name from Steris
Laboratories, Inc., to Watson
Laboratories, Inc.
DATES: This rule is effective June 3,
2005.
FOR FURTHER INFORMATION CONTACT:
David R. Newkirk, Center for Veterinary
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By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 05–11026 Filed 6–2–05; 8:45 am]
ER03JN05.009</GPH>
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]]>Agencies
[Federal Register Volume 70, Number 106 (Friday, June 3, 2005)]
[Rules and Regulations]
[Pages 32484-32487]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11026]
=======================================================================
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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.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission (``Commission'') announces that
the current ranges of comparability required by the Appliance Labeling
Rule (``Rule'') for water heaters, room air conditioners, furnaces,
boilers, and pool heaters will remain in effect until further notice.
In addition, the Commission is revising Table 1 in Sec. 305.9 of the
Rule to incorporate the latest figures for average unit energy costs
published by the Department of Energy (``DOE'') this year and to update
cost figures in Appendices H and I of the Rule. The Commission is also
making technical amendments to Sec. 305.9 and Appendix E of the Rule
to clarify the applicability of the cost figures in Table 1 to products
covered by the Rule.
[[Page 32485]]
DATES: The amendments published in this notice are effective September
1, 2005.
FOR FURTHER INFORMATION CONTACT: Hampton Newsome, Attorney, 202-326-
2889, Division of Enforcement, Bureau of Consumer Protection, Federal
Trade Commission, Washington, DC 20580.
SUPPLEMENTARY INFORMATION: On November 19, 1979, the Commission issued
a final rule in response to a directive in section 324 of the Energy
Policy and Conservation Act (``EPCA''), 42 U.S.C. 6201. The Rule
requires manufacturers of all covered appliances (e.g., water heaters
and room air conditioners) to disclose specific energy consumption or
efficiency information derived from standard DOE test procedures at the
point of sale in the form of an ``EnergyGuide'' label and in catalogs.
It also requires manufacturers of furnaces and central air conditioners
either to provide fact sheets showing additional cost information, or
to provide that information in an industry directory. Manufacturers
must include, on labels and fact sheets, a ``range of comparability''
which shows the highest and lowest energy consumption or efficiencies
for all comparable appliance models. The Rule further requires that
labels for some products display the estimated annual operating cost of
the product 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 notification, to report certain information annually to the
Commission by specified dates for each product type.\1\ Each year the
Commission reviews the submitted data and publishes new ranges of
comparability if an analysis of the new information indicates that the
upper or lower limits of the ranges have changed by more than 15%.
Additional information about the Commission's Appliance Labeling Rule
can be found at www.ftc.gov/appliances.
---------------------------------------------------------------------------
\1\ Annual reports for room air conditioners, heat pump water
heaters, storage-type water heaters, gas-fired instantaneous water
heaters, furnaces, boilers, and pool heaters are due May 1.
---------------------------------------------------------------------------
I. Review of 2005 Data Submissions (Room Air Conditioners, Water
Heaters, Furnaces, and Pool Heaters)
Manufacturers have submitted data for water heaters (including
storage-type, gas-fired instantaneous, and heat pump water heaters),
room air conditioners, furnaces (including boilers), and pool heaters.
The ranges of comparability for these products have not changed
significantly. Therefore, the current ranges for these products will
remain in effect until further notice.
Water heater manufacturers should continue to base the disclosures
of estimated annual operating costs required at the bottom of the
EnergyGuides for these products on the 2004 Representative Average Unit
Costs of Energy for electricity (8.60[cent] per kiloWatt-hour), natural
gas (91.0[cent] per therm), propane ($1.23 per gallon), and/or heating
oil ($1.28 per gallon) (see 69 FR 42107 (July 14, 2004)).
Manufacturers of room air conditioners must continue to use the
ranges for room air conditioners that were published on November 13,
1995 (60 FR 56945, at 56949). Manufacturers of room air conditioners
must continue to base the disclosures of estimated annual operating
cost required at the bottom of EnergyGuides for these products on the
1995 Representative Average Unit Costs of Energy for electricity
(8.67[cent] per kiloWatt-hour) that was published by the Commission on
February 17, 1995 (60 FR 9295). The Commission is amending Appendix E
(range information for room air conditioners) to clarify that this cost
figure is applicable to room air conditioner labels.
II. Amendments to Table 1 and Section 305.9(a)
A. Table 1
Table 1 in Sec. 305.9(a) of the Rule sets forth the representative
average unit energy costs for the current year. As stated in Sec.
305.9(b), the Table is to be revised periodically on the basis of
updated information provided by DOE. On March 11, 2005, DOE published
the most recent figures for representative average unit energy costs
(70 FR 12210). The Commission is revising Table 1 in Sec. 305.9 to
reflect these latest cost figures.
B. Section 305.9(a)
In addition to revising the cost information in Table 1, the
Commission is amending Sec. 305.9(a) to clarify the applicability of
that information to the Rule's requirements. Section 305.9(a) states
that the representative unit energy costs in Table 1 should ``be
utilized for all requirements of this part.'' The Commission is
changing this language because the cost data in Table 1 do not
necessarily apply to all the Rule's requirements. Although the cost
data apply to fact sheets and directories for furnaces and central air
conditioners under Sec. 305.11(b) and (c), manufacturers should not
necessarily use the Table for calculating operating costs on
EnergyGuide labels. Instead, as the Commission has routinely stated in
the past when annually updating the cost figures,\2\ manufacturers
preparing EnergyGuide labels should use the cost figure that was
applicable when the most recent ranges of comparability were published.
For example, if the Commission published ranges of comparability for a
given product in 2001, manufacturers should continue to use the 2001
DOE energy cost figures until the Commission announces otherwise.
Paragraphs accompanying the range tables in the Rule's appendices
contain the applicable operating costs that should be used on
EnergyGuide labels for refrigerators, refrigerator-freezers, freezers,
dishwashers, clothes washers, water heaters, and room air conditioners.
The Commission is changing the language in Sec. 305.9(a) to clarify
that, for purposes of Appliance Labeling Rule compliance, the costs in
Table 1 apply to disclosures on fact sheets and in directories for
furnaces and central air conditioners as required by Sec. 305.11(b)
and (c). This amendment should eliminate any confusion caused by the
current language.
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\2\ e.g., 68 FR 23584 (May 5, 2003), 67 FR 39269 (June 7, 2002),
64 FR 7783 (Feb. 17, 1999), 62 FR 5316 (Feb. 5, 1997), 60 FR 9295
(Feb. 17, 1995), and 57 FR 6071 (Feb. 20, 1992).
---------------------------------------------------------------------------
III. Operating Cost Information for Central Air Conditioners Disclosed
on Fact Sheets and in Industry Directories
The Commission is amending the cost calculation formulas in
Appendices H and I that manufacturers of central air conditioners must
include on fact sheets and in directories to reflect this year's energy
costs figures published by DOE.\3\
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\3\ Manufacturers of furnaces and central air conditioners may
elect to disseminate information regarding the efficiencies and
costs of operation of their products by means of a directory or
similar publication instead of on fact sheets as long as they meet
certain conditions specified in the Rule at Sec. 305.11(c).
---------------------------------------------------------------------------
IV. Operating Cost Representations For Products Covered by EPCA but Not
by the Commission's Rule
Manufacturers of products covered by section 323(c) of EPCA, 42
U.S.C. 6293(c), but not by the Appliance Labeling Rule (e.g., clothes
dryers, television sets, kitchen ranges and ovens, and space heaters)
should use the 2005 DOE energy cost figures for their operating cost
representations until the DOE publishes new figures in 2006.
[[Page 32486]]
V. Labeling of Refrigerators, Refrigerator-Freezers, Freezers, Clothes
Washers, Dishwashers, Water Heaters, and Room Air Conditioners
Manufacturers of these products must continue to use the DOE cost
figures that were published and in effect the year the ranges of
comparability last changed for the applicable covered product.\4\ The
cost figures currently applicable to these products are provided in the
appendices to the Rule. Manufacturers must continue to use these
figures until new ranges of comparability and cost information for an
applicable product are published by the Commission. In addition, the
text below the operating cost disclosure on the EnergyGuide label
should identify the applicable energy cost figure used.
---------------------------------------------------------------------------
\4\ Sections 305.11(a)(5)(i)(H)(2) and (3) of the Rule (16 CFR
305.11(a)(5)(i)(H)(2) and (3)) require that labels for
refrigerators, refrigerator-freezers, freezers, clothes washers,
dishwashers, water heaters, and room air conditioners contain a
secondary energy usage disclosure in terms of an estimated annual
operating cost (labels for clothes washers and dishwashers will show
two such secondary disclosures--one based on operation with water
heated by natural gas, and one based on operation with water heated
by electricity). The labels also must disclose, below this secondary
estimated annual operating cost, the fact that the estimated annual
operating cost is based on the appropriate DOE energy cost figure,
and must identify the year in which the cost figure was published.
---------------------------------------------------------------------------
VI. Administrative Procedure Act
The amendments published in this notice involve routine, technical
and minor, or conforming changes to the Rule's labeling requirements.
These technical amendments merely provide a routine change to the cost
information in the Rule and clarify the requirements in the Rule,
without changing or imposing any new legal obligations on parties
subject to the Rule. Accordingly, the Commission finds for good cause
that public comment and a 30-day effective date for these technical,
procedural amendments are impractical and unnecessary (5 U.S.C.
553(b)(A)(B) and (d)).
VII. Regulatory Flexibility Act
Regulatory Flexibility Act analysis provisions (5 U.S.C. 603-604)
are not applicable to this proceeding to the extent that the amendments
do not impose any new obligations on entities regulated by the
Appliance Labeling Rule and are exempt from the Administrative
Procedure Act's notice-and-comment requirements, as explained above. In
any event, these technical amendments merely provide a routine change
to the cost information in the Rule and clarify existing 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, in any event, 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, to the extent, if any, that the
Act applies.
VIII. 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.\5\ 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 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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\5\ 44 U.S.C. 3501-3520.
---------------------------------------------------------------------------
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.
0
2. Section 305.9(a) is revised to read as follows:
Sec. 305.9 Representative average unit energy costs.
(a) Table 1, below, contains the representative unit energy costs
to be utilized for operating cost disclosures for furnaces and central
air conditioners on fact sheets or in directories as required by Sec.
305.11(b)&(c) of this part.
Table 1.--Representative Average Unit Costs of Energy for Five Residential Energy Sources (2005)
----------------------------------------------------------------------------------------------------------------
Dollars per
Type of energy In commonly used terms As required by DOE test million Btu
procedure \1\
----------------------------------------------------------------------------------------------------------------
Electricity............................. 9.06[cent]/kWh \2\ \3\.... $0.0906/kWh............... $26.55
Natural gas............................. $1.092/therm \4\ or $11.23 $0.00001092/Btu........... 10.92
MCF \5\ \6\.
No. 2 heating oil....................... $1.76/gallon \7\.......... $0.00001268/Btu........... 12.68
Propane................................. $1.55/gallon \8\.......... $0.00001694/Btu........... 16.94
Kerosene................................ $2.20/gallon \9\.......... $0.00001632/Btu........... 16.32
----------------------------------------------------------------------------------------------------------------
\1\ Btu stands for British thermal unit.
\2\ Wh stands for kiloWatt hour.
\3\ 1 kWh = 3,412 Btu.
\4\ 1 therm = 100,000 Btu. Natural gas prices include taxes.
\5\ MCF stands for 1,000 cubic feet.
\6\ For the purposes of this table, 1 cubic foot of natural gas has an energy equivalence of 1,028 Btu.
\7\ For the purposes of this table, 1 gallon of No. 2 heating oil has an energy equivalence of 138,690 Btu.
\8\ For the purposes of this table, 1 gallon of liquid propane has an energy equivalence of 91,333 Btu.
\9\ For the purposes of this table, 1 gallon of kerosene has an energy equivalence of 135,000 Btu.
* * * * *
0
3. Appendix E to part 305 is revised to read as follows:
[[Page 32487]]
Appendix E to Part 305--Room Air Conditioners
[Range information]
------------------------------------------------------------------------
Range of energy
efficiency ratios
Manufacturer's rated cooling capacity in Btu's/yr (EERs)
---------------------
Low High
------------------------------------------------------------------------
Without Reverse Cycle and with Louvered Sides:
Less than 6,000 Btu........................... 8.0 10.0
6,000 to 7,999 Btu............................ 8.5 10.3
8,000 to 13,999 Btu........................... 9.0 12.0
14,000 to 19,999 Btu.......................... 8.8 10.7
20,000 and more Btu........................... 8.2 10.0
Without Reverse Cycle and without Louvered Sides:
Less than 6,000 Btu........................... (*) (*)
6,000 to 7,999 Btu............................ 8.5 9.6
8,000 to 13,999 Btu........................... 8.5 9.2
14,000 to 19,999 Btu.......................... (*) (*)
20,000 and more Btu........................... (*) (*)
With Reverse Cycle and with Louvered Sides........ 8.5 11.5
With Reverse Cycle, without Louvered Sides........ 8.0 9.0
------------------------------------------------------------------------
* No data submitted for units meeting Federal Minimum Efficiency
Standards effective January 1, 1990.
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 1995 Representative Average Unit
Costs for electricity (8.67[cent] per kiloWatt-hour) and the text
below the box must identify the costs as such.
Appendix H to part 305 [Amended]
0
4. In section 2 of Appendix H of Part 305, the text is amended by
removing the figure ``8.60[cent]'' wherever it appears and by adding,
in its place, the figure ``9.06[cent]''. In addition, the text in this
section is amended by removing the figure ``12.9[cent]'' wherever it
appears and by adding, in its place, the figure ``13.6[cent]''.
0
5. The formula in section 2 of Appendix H of part 305 is revised to
read as follows in both places that it appears:
Appendix H to Part 305--Cooling Performance and Cost for Central Air
Conditioners
* * * * *
[GRAPHIC] [TIFF OMITTED] TR03JN05.009
* * * * *
Appendix I to Part 305 [Amended]
0
6. In section 2 of Appendix I of part 305, the text is amended by
removing the figure ``8.60[cent]'' wherever it appears and by adding,
in its place, the figure ``9.06[cent]''. In addition, the text and
formulas are amended by removing the figure ``12.90[cent]'' wherever it
appears and by adding, in its place, the figure ``13.6[cent]''.
0
7. In section 2 of Appendix I of part 305, the formula is revised to
read as follows in both places that it appears:
Appendix I to Part 305--Heating Performance and Cost for Central Air
Conditioners
* * * * *
[GRAPHIC] [TIFF OMITTED] TR03JN05.010
* * * * *
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 05-11026 Filed 6-2-05; 8:45 am]
BILLING CODE 6750-01-P
