Rule Concerning Disclosures of Energy Consumption and Water Use Information About Certain Home Appliances and Other Products Required Under the Energy Policy and Conservation Act

FEDERAL TRADE COMMISSION

16 CFR Part 305

RIN 3084-AA26

Rule Concerning Disclosures of Energy Consumption and Water Use

Information About Certain Home Appliances and Other Products Required

Under the Energy Policy and Conservation Act

AGENCY: Federal Trade Commission.

ACTION: Final rule.

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SUMMARY: Under the Energy and Water Use Rule, each required label on a

covered appliance must show a range, or scale, indicating the range of

energy costs or efficiencies for all models of a size or capacity

comparable to the labeled model. This notice publishes the new range

figures, which, under Secs. 305.10, 305.11 and 305.14 of the rule must

be used on labels on dishwashers manufactured on and after April 12,

1994, and in advertising of dishwashers beginning April 12, 1994.

Properly labeled dishwashers manufactured prior to the effective date

need not be relabeled. Catalogs printed prior to the effective date in

accordance with 16 CFR 305.14 need not be revised.

EFFECTIVE DATE: April 12, 1994.

FOR FURTHER INFORMATION CONTACT:

James Mills, Attorney, 202-326-3035, Division of Enforcement, Federal

Trade Commission, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: Section 324 of the Energy Policy and

Conservation Act of 1975 (EPCA)\1\ requires the Federal Trade

Commission to consider labeling rules for the disclosure of estimated

annual energy cost or alternative energy consumption information for at

least thirteen categories of appliances. Dishwashers are included as

one of the categories. Before these labeling requirements may be

prescribed, the statute requires the Department of Energy (``DOE'') to

develop test procedures that measure how much energy the appliances

use. In addition, DOE is required to determine the representative

average cost a customer pays for the different types of energy

available.

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\1\42 U.S.C. 6294.

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On November 19, 1979, the Commission issued a final rule\2\

covering seven of the thirteen appliance categories, including

dishwashers. The rule requires that energy costs and related

information be disclosed on labels and in retail sales catalogs for all

dishwashers presently manufactured. Certain point-of-sale promotional

materials must disclose the availability of energy usage information.

If a dishwasher is advertised in a catalog from which it may be

purchased by cash, charge account or credit terms, then on each page of

the catalog that lists the product shall be included the range of

estimated annual energy costs for the product. The required disclosures

and all claims concerning energy consumption made in writing or in

broadcast advertisements must be based on the results of the DOE test

procedures.

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\2\44 FR 66466. On December 10, 1987 (52 FR 46888), the

Commission amended the Appliance Labeling Rule by extending coverage

to include central air conditioners and heat pumps. On October 25,

1993 (58 FR 54955), the Commission extended the Rule's coverage to

include certain plumbing products (showerheads, faucets, water

closets and urinals).

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Section 305.8(b) of the rule requires manufacturers, after filing

an initial report, to report annually by specified dates for each

product type.\3\ The data submitted by manufacturers are based, in

part, on the representative average unit cost of the type of energy

used to run the appliances tested. According to Sec. 305.9 of the rule,

these average energy costs, which are provided by DOE, will be

periodically revised by the Commission, but not more often than

annually. Because the costs for the various types of energy change

yearly, and 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 in line with these changes,

the Commission is empowered, under Sec. 305.10 of the rule, to publish

new ranges (but not more often than annually) if an analysis of the new

data indicates that the upper or lower limits of the ranges have

changed by more than 15%.

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\3\Reports for dishwashers are due by June 1.

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The new figures for the estimated annual costs of operation for

dishwashers, which were calculated using the 1993 representative

average energy costs published by DOE on January 5, 1993,\4\ have been

submitted and have been analyzed by the Commission. New ranges based

upon them are herewith published.

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\4\58 FR 345. The Commission published these figures on January

25, 1993, at 58 FR 5925. The cost for electricity was published as

8.30 cents per kilowatt-hour; for natural gas: 59.46 cents per

therm; for propane: 73 cents per gallon; for No. 2 heating oil:

$1.00 per gallon.

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In consideration of the foregoing, the Commission amends appendix C

of its Energy and Water Use Rule by publishing the following ranges of

comparability for use in the labeling and advertising of dishwashers

beginning April 12, 1994.

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 appendix C, Paragraph 1 and the introductory text in

Paragraph 2 are revised to read as follows:

Appendices to Part 305

* * * * *

Appendix C to Part 305--Dishwashers

1. Range Information: ``Compact'' includes countertop dishwasher

models with a capacity of fewer than eight (8) place settings.

``Standard'' includes portable or built-in dishwasher models

with a capacity of eight (8) or more place settings.

Place settings shall conform to AHAM Specification DW-1 for

chinaware, flatware and serving pieces. Load patterns shall conform

to the operating normal for the model being tested.

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Ranges of estimated yearly energy

costs

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Ranges of comparability Electrically Natural gas

heated water heated water

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Low High Low High

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Compact............................. (\1\) (\1\) (\1\) (\1\)

Standard............................ $39.00 $89.00 $21.00 $47.00

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\1\No data submitted.

2. Yearly Cost Information: Estimates on the scales are based on

national average electric rate of 8.30 cents per kilowatt hour, a

national average natural gas rate of 59.46 cents per therm, and 6.2

loads of dishes per week.

* * * * *

Donald S. Clark,

Secretary.

[FR Doc. 94-748 Filed 1-11-94; 8:45 am]

BILLING CODE 6750-01-M