Appliance Labeling Rule, 17263-17268 [E8-6566]
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Federal Register / Vol. 73, No. 63 / Tuesday, April 1, 2008 / Proposed Rules
the Accomplishment Instructions of Short
Brothers Alert Service Bulletin SD360–55–
A21, dated December 16, 2004.
(2) Although the service bulletin specifies
to return subject parts to the manufacturer,
this AD does not include that requirement.
Repetitive Inspections
(m) For airplanes equipped with balance
weight brackets of the elevator trim tabs
having part number SD3–07–6011xA, and
having a serial number beginning with ‘‘X3’’
or ‘‘X4’’: Prior to the accumulation of 250
flight hours since installation of the subject
balance weight bracket of the elevator trim
tab, or within 30 flight hours after March 14,
2005 (the effective date of AD 2005–04–13),
whichever is later, do a dye penetrant
inspection for cracking of the balance weight
brackets for the left and right elevator trim
tabs, in accordance with the service bulletin.
(1) For a balance weight bracket on which
no cracking is found: Do paragraph (o) of this
AD, and repeat the inspection thereafter at
intervals not to exceed 250 flight hours until
paragraph (n) of this AD is accomplished.
(2) For a balance weight bracket on which
any cracking is found: Before further flight,
replace the bracket with a new or reworked
balance weight bracket that conforms to the
approved design standard in accordance with
the service bulletin, and do paragraph (o) of
this AD.
Optional Terminating Action
(n) For airplanes equipped with balance
weight brackets of the elevator trim tabs
having part number SD3–07–6011xA, and
having a serial number beginning with ‘‘X3’’
or ‘‘X4’’: Replacement of any subject balance
weight bracket with a new or reworked
balance weight bracket that conforms to the
approved design standard, in accordance
with the service bulletin, constitutes
terminating action for the repetitive
inspections required by paragraph (m) of this
AD for the replaced bracket.
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Refitting
(o) For airplanes equipped with balance
weight brackets of the elevator trim tabs
having part number SD3–07–6011xA, and
having a serial number beginning with ‘‘X3’’
or ‘‘X4’’: Before further flight following any
inspection or replacement of a bracket in
accordance with paragraphs (m) and (n) of
this AD: Refit the balance weights, covers,
and trim tabs, in accordance with the service
bulletin. Where the service bulletin specifies
to contact the manufacturer for disposition of
certain conditions while refitting, obtain
further disposition instructions from the
Manager, International Branch, ANM–116,
FAA, Transport Airplane Directorate; or the
Civil Aviation Authority (CAA) (or its
delegated agent).
Parts Installation
(p) For all airplanes: As of March 14, 2005,
no person may install, on any airplane
subject to this AD, a balance weight bracket
having part number SD3–07–6011xA, and
having a serial number beginning with ‘‘X3’’
or’’ X4,’’ unless the bracket is also marked
‘‘Rework batch number R–Bxxxxx’’ (where
‘‘xxxxx’’ is a number).
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New Requirements of This AD
Inspection(s) and Replacements
(q) For airplanes equipped with balance
weight brackets of the elevator trim tabs
having part number SD3–07–6011xA
manufactured in the year 2003 or 2004,
including re-worked brackets, installed in
accordance with paragraph (h)(2), (i)(2), or
(n) of this AD, as applicable: Do the actions
specified in paragraphs (q)(1) and (q)(2) of
this AD in accordance with Parts A and B of
the Accomplishment Instructions of Shorts
Alert Service Bulletin SD360–55–A21,
Revision 1, dated March 29, 2007.
(1) Within 30 flight hours after the effective
date of this AD, or within 250 flight hours
since installation of the balance weight
brackets of the elevator trim tabs or since the
last inspection required by paragraph (g),
(h)(1), (i)(1), or (m) of this AD, whichever
occurs later: Do a dye penetrant inspection to
detect cracks of the balance weight brackets
of the elevator trim tabs.
(i) If no crack is detected, repeat the dye
penetrant inspection at intervals not to
exceed 250 flight hours, until the
replacement required by paragraph (q)(2) of
this AD is done.
(ii) If any crack is detected, before further
flight, do the replacement specified in
paragraph (q)(2) of this AD.
(2) Before the accumulation of 1,750 flight
hours since installation of the balance weight
brackets of the elevator trim tabs, or within
180 days after the effective date of this AD,
whichever occurs later: Replace the balance
weight brackets with new balance weight
brackets manufactured in 2005 or later.
Thereafter, replace any balance weight
bracket with a new bracket manufactured in
2005 or later at intervals not to exceed the
accumulation of 1,750 flight hours on that
bracket. Accomplishment of the initial
replacement ends the repetitive inspection
requirements of this AD.
(r) For airplanes equipped with balance
weight brackets of the elevator trim tabs
having part number SD3–31–6213xB
inspected in accordance with paragraph (g),
(h)(1), or (i)(1) of this AD and retained or
refitted following approved repair in
accordance with paragraph (j) of this AD: Do
the actions specified in paragraphs (r)(1) and
(r)(2) of this AD in accordance with Parts A
and B of the Accomplishment Instructions of
Shorts Alert Service Bulletin SD360–55–20,
Revision 2, dated March 29, 2007.
(1) Within 4,800 flight hours since last
inspection, or within 180 days after the
effective date of this AD, whichever occurs
later, and thereafter at intervals not to exceed
4,800 flight hours: Do a dye penetrant
inspection to detect cracks of the balance
weight brackets of the elevator trim tabs.
(i) If no crack is detected, repeat the dye
penetrant inspection at intervals not to
exceed 4,800 flight hours, until the
replacement required by paragraph (r)(2) of
this AD is done.
(ii) If any crack is detected, before further
flight, do the replacement specified in
paragraph (r)(2) of this AD.
(2) Before the accumulation of 28,800 flight
hours since any balance weight bracket of the
elevator trim tabs is new, or within 180 days
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17263
after the effective date of this AD, whichever
occurs later: Replace the balance weight
brackets with new balance weight brackets
manufactured in 2005 or later. Thereafter,
replace any balance weight bracket with a
new bracket manufactured in 2005 or later at
intervals not to exceed the accumulation of
28,800 flight hours on that bracket.
Accomplishment of the initial replacement
ends the repetitive inspection requirements
of this AD.
Part Installation
(s) For all airplanes: As of the effective date
of this AD, no person may install, on any
airplane, a balance weight bracket of the
elevator trim tab manufactured earlier than
2005.
Alternative Methods of Compliance
(AMOCs)
(t)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
Related Information
(u) EASA emergency airworthiness
directive 2007–0107–E, dated April 18, 2007,
also addresses the subject of this AD.
Issued in Renton, Washington, on March
24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–6614 Filed 3–31–08; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Part 305
RIN 3084–AA74
Appliance Labeling Rule
Federal Trade Commission
(FTC or Commission).
ACTION: Notice of proposed rulemaking;
request for public comment.
AGENCY:
SUMMARY: Section 324 of the Energy
Independence and Security Act of 2007
requires the Federal Trade Commission
to issue labeling rules for metal halide
lamp fixtures and ballasts by July 1,
2008. In accordance with this directive,
the FTC is publishing proposed
amendments to the Appliance Labeling
Rule (‘‘Rule’’) for comment.
DATES: Written comments must be
received on or before April 28, 2008.
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Federal Register / Vol. 73, No. 63 / Tuesday, April 1, 2008 / Proposed Rules
Interested parties are
invited to submit written comments.
Comments should refer to ‘‘Proposed
Metal Halide Lamp Labeling, Matter No.
R611004’’ to facilitate the organization
of comments. A comment filed in paper
form should include this reference both
in the text and on the envelope, and
should be mailed or delivered to the
following address: Federal Trade
Commission/Office of the Secretary,
Room H–135 (Annex A), 600
Pennsylvania Avenue, NW.,
Washington, DC 20580. Comments
containing confidential material must be
filed in paper form, and the first page of
the document must be clearly labeled
‘‘Confidential’’ and must comply with
Commission Rule 4.9(c).1 The FTC is
requesting that any comment filed in
paper form be sent by courier or
overnight service, if possible, because
postal mail in the Washington area and
at the Commission is subject to delay
due to heightened security precautions.
Comments filed in electronic form
should be submitted by clicking on the
following: https://
secure.commentworks.com/ftcmetalhalide and following the
instructions on the Web-based form. To
ensure that the Commission considers
an electronic comment, you must file it
on the Web-based form at https://
secure.commentworks.com/ftcmetalhalide. You also may visit https://
www.regulations.gov to read this
proposed Rule, and may file an
electronic comment through that Web
site. The Commission will consider all
comments that regulations.gov forwards
to it.
Comments on any proposed filing,
recordkeeping, or disclosure
requirements that are subject to
paperwork burden review under the
Paperwork Reduction Act should be
submitted to: Office of Information and
Regulatory Affairs, Office of
Management and Budget (‘‘OMB’’),
Attention: Desk Officer for Federal
Trade Commission. Comments should
also be submitted via facsimile to (202)
395–6974 because U.S. postal mail at
the OMB is subject to delays due to
heightened security precautions.
The FTC Act and other laws the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
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ADDRESSES:
1 Any request for confidential treatment,
including the factual and legal basis for the request,
must accompany the comment and must identify
the specific portions of the comment to be withheld
from the public record. The request will be granted
or denied by the Commission’s General Counsel,
consistent with applicable law and the public
interest. See Commission Rule 4.9(c), 16 CFR 4.9(c).
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consider all timely and responsive
public comments that it receives,
whether filed in paper or electronic
form. Comments received will be
available to the public on the FTC Web
site, to the extent practicable, at
https://www.ftc.gov. As a matter of
discretion, the FTC makes every effort to
remove home contact information for
individuals from the public comments it
receives before placing those comments
on the FTC Web site. More information,
including routine uses permitted by the
Privacy Act, may be found in the FTC’s
privacy policy, at https://www.ftc.gov/
ftc/privacy.htm.
Because written comments appear
adequate to present the views of all
interested parties, the Commission has
not scheduled an oral hearing for these
amendments. Interested parties may
request an opportunity to present views
orally. If such a request is made, the
Commission will publish a document in
the Federal Register, stating the time
and place for such oral presentation(s)
and describing the procedures that will
be followed. Interested parties who wish
to present oral views must submit, on or
before March 31, 2008, a written
comment that describes the issues on
which the party wishes to speak. If there
is no oral hearing, the Commission will
base its decision on the written
rulemaking record.
FOR FURTHER INFORMATION CONTACT:
Hampton Newsome, (202) 326–2889,
Attorney, Division of Enforcement,
Bureau of Consumer Protection, Federal
Trade Commission, 600 Pennsylvania
Avenue, NW., Washington, DC 20580.
SUPPLEMENTARY INFORMATION: As
directed by the Energy Independence
and Security Act of 2007 (‘‘EISA’’ or
‘‘Act’’) (Pub. L. 110–140), the
Commission is proposing amendments
to the Appliance Labeling Rule (16 CFR
Part 305) that would create new labeling
requirements for metal halide lamp
fixture packaging and ballasts contained
within those fixtures.2 This Notice
provides a description of these
products, information about EISA’s
requirements, and a description of the
FTC’s proposed amendments to
implement that law. The Notice also
states that the FTC will be conducting
a separate rulemaking in the future
related to energy disclosures for lamp
products as required by EISA. Finally,
this notice contains specific questions
for comment and analysis under the
2 In accordance with 42 U.S.C. 6306(a)(1), this
proceeding is being conducted pursuant to section
553 of the Administrative Procedure Act (5 U.S.C.
553) except that interested persons shall have an
opportunity to present written and oral data, views,
and arguments.
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Paperwork Reduction Act and
Regulatory Flexibility Act.
I. Labeling for Metal Halide Lamp
Fixtures
Section 324(d) of the EISA amends
the Energy Policy and Conservation Act
(42 U.S.C. 6291 et seq.) (‘‘EPCA’’) to
require the Federal Trade Commission
to issue labeling rules for metal halide
lamp fixture packaging and ballasts that
are subject to Department of Energy
(‘‘DOE’’) efficiency standards issued
pursuant to 42 U.S.C. 6295. Under EISA,
the Commission must prescribe the
labeling rules by July 1, 2008. The
statute also directs that the rules, once
issued, must apply to any fixture
manufactured on or after January 1,
2009. EISA defines a ‘‘metal halide
lamp’’ as a ‘‘high intensity discharge
lamp in which the major portion of the
light is produced by radiation of metal
halides and their products of
dissociation, possibly in combination
with metallic vapors.’’ 3 These lamps
produce a bright, white light and offer
high color rendition compared to other
high-intensity lighting. They are used to
light large indoor areas, such as
gymnasiums and sports arenas, as well
as outdoor areas, such as car lots.4 As
discussed below, the Commission is
proposing labeling rules for metal halide
lamp fixtures consistent with the
directive of EISA.
Specifically, EISA directs the FTC to
issue a rule requiring that metal halide
lamp fixture packages and the ballasts
in those fixtures be labeled
conspicuously with ‘‘a capital letter ‘E’
printed within a circle.’’ 5 Consistent
with the labeling requirements for other
lighting products, the encircled ‘‘E’’ will
indicate that the product meets
applicable DOE energy efficiency
standards.6 Because EISA excludes
some metal halide lamp fixture types
from those efficiency standards,7 the
FTC labeling will aid consumers in
3 See Pub. L. 110–140, 324(a). The Act also
contains definitions for ‘‘metal halide ballast’’ (used
to start and operate metal halide lamps) and ‘‘metal
halide lamp fixture.’’
4 See https://www.eere.energy.gov/consumer/ (‘‘A
Consumer’s Guide to Energy Efficiency and
Renewable Energy’’).
5 42 U.S.C. 6294(a)(2)(C)(ii). EISA mandates FTC
labeling rules for metal halide lamp fixtures and
ballasts contained in those fixtures. It does not
require labeling for metal halide lamps themselves.
6 Under EISA (42 U.S.C. 6294(a)(2)(C)), the FTC’s
labeling rules cover only those fixtures subject to
DOE efficiency standards issued pursuant to 42
U.S.C. 6295, and section 324(e) of EISA (42 U.S.C.
6295(hh)) specifically mandates DOE energy
standards for metal halide lamp fixtures. Those
standards become effective on the same date as the
FTC’s labeling requirements.
7 42 U.S.C. 6295(hh)(1)(B).
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Federal Register / Vol. 73, No. 63 / Tuesday, April 1, 2008 / Proposed Rules
identifying which products are covered
by the DOE standards.
The Commission is proposing
amendments to the Appliance Labeling
Rule to implement EISA’s directive with
regard to metal halide lamp fixtures and
ballasts. First, consistent with the
definition provided in EISA, the
amendments provide descriptions of
metal halide ballasts and metal halide
lamp fixtures in the Rule’s list of
covered products at section 305.2.8
Second, the proposed amendments
(305.15) require that the encircled ‘‘E’’
be clearly and conspicuously disclosed
in color-contrasting ink on the label of
metal halide lamp fixture packages and
the ballasts contained in those fixtures.
Consistent with current requirements
for similar products, this disclosure
would be deemed conspicuous, in terms
of size, if it appears in typeface at least
as large as either the manufacturer’s
name or another logo disclosed on the
label (e.g., ‘‘UL’’ or ‘‘ETL’’), whichever
is larger.9
Third, in addition to the proposed
package and product labeling
requirements, the amendments (305.20)
would require retail catalog sellers to
include the capital letter ‘‘E’’ printed
within a circle in their descriptions of
metal halide lamp fixtures.10 The
proposed changes also would require
disclosures in point of sale promotional
material as required for other products
(305.19).11 Finally, consistent with
requirements for other covered
products, the proposed amendments
would add reporting requirements for
metal halide lamp fixtures in section
305.8 of the Rule.12
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II. Upcoming Rulemaking on the
Effectiveness of Lamp Labeling
EISA requires the FTC to conduct a
rulemaking to examine the effectiveness
of current lighting disclosures required
by the Commission and to explore
8 The proposed description of (metal halide lamp
fixture (§ 305.3(u)) indicates that only such fixtures
subject to DOE efficiency standards are covered by
the Rule.
9 These proposed labeling requirements track
existing requirements for fluorescent lamp ballasts
and luminaires (see 16 CFR 305.15(a)&(b)). Indeed,
the statutory language in EPCA for fluorescent lamp
ballasts and luminaires is very similar to that
applicable to metal halide products. See 42 U.S.C.
6294(a)(2)(B).
10 EPCA requires energy disclosures for catalog
sellers of covered products. (42 U.S.C. 6296(a)).
11 EPCA authorizes the Commission to require
such point of sale disclosures for covered products
(42 U.S.C. 6294(c)(4)). The current Rule contains
similar requirements for fluorescent lamp ballasts
(§ 305.19(a)(2)).
12 Under section 305.8, the proposed rule would
require the submission of data including, but not
limited to, model number, voltage, and ballast
efficiency. The proposed due date for annual
reports of these products would be March 1.
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alternative labeling approaches that
‘‘will help consumers to understand
new high-efficiency lamp products and
to base the purchase decisions of the
consumers on the most appropriate
source that meets the requirements of
the consumers for lighting level, light
quality, lamp lifetime, and total
lifecycle cost.’’ 13 In order to meet the
Congressional deadline for metal halide
lamp fixture labeling requirements, the
Commission will initiate the rulemaking
on lamp label effectiveness separately at
a future date.
III. Questions for Comment
The Commission seeks comments on
all aspects of this proposed rule. All
comments should be filed as prescribed
in the ADDRESSES section above, and
must be received on or before April 28,
2008. We ask that commenters address
the following questions:
(1) What costs or burdens, or any
other impacts, do the proposed
requirements impose, and on whom?
What evidence supports the asserted
costs, burdens, or other impacts?
(2) What modifications, if any, should
be made to the proposed requirements
to increase their benefits to consumers?
(a) What evidence supports your
proposed modifications? Please submit
any such evidence.
(b) How would these modifications
affect the costs and benefits of the
proposed requirements for consumers?
(c) How would these modifications
affect the costs and benefits of the
proposed requirements for businesses,
and in particular, small businesses?
(3) What modifications, if any, should
be made to the proposed requirements
to decrease their burdens on businesses?
(a) What evidence supports your
proposed modifications? Please submit
any such evidence.
(b) How would these modifications
affect the costs and benefits of the
proposed requirements for consumers?
(c) How would these modifications
affect the costs and benefits of the
proposed requirements for businesses,
and in particular, small businesses?
(4) Are the proposed reporting
requirements in section 305.8
appropriate? If not, should the Rule
request different, more, or less
information? If so, what information
should be required? What evidence
supports your answer(s)?
IV. Paperwork Reduction Act
The proposed requirements for
package, product labels, as well as
point-of-sale materials and catalog
disclosures do not constitute a
13 EISA
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‘‘collection of information’’ under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520) because they are a
‘‘public disclosure of information
originally supplied by the government
to the recipient for the purpose of
disclosure to the public’’ as indicated in
OMB regulations.14 The proposed data
reporting for metal halide lamp ballast
manufacturers, however, would
constitute a ‘‘collection of
information.’’ 15 Consistent with past
estimates for fluorescent ballast
manufacturers, we expect such
reporting would require six hours per
manufacturer. We estimate that there are
approximately 20 manufacturers of
metal halide lamp fixtures.16
Accordingly, we estimate the reporting
burden for these entities to be 120
hours. In addition, consistent with past
estimates for fluorescent ballast
manufacturers, we estimate that the
yearly recordkeeping burden for metal
halide manufacturers will be no more
than 2 hours each or 40 hours total (2
hours × 20 manufacturers). Therefore,
the total estimated annual burden of the
proposed amendments is 160 hours. The
Commission seeks comment on this
estimate.
V. Regulatory Flexibility Act
The Regulatory Flexibility Act
(‘‘RFA’’), 5 U.S.C. 601–612, requires that
the Commission provide an Initial
Regulatory Flexibility Analysis
(‘‘IRFA’’) with a proposed Rule and a
Final Regulatory Flexibility Analysis
(‘‘FRFA’’), if any, with the final rule,
unless the Commission certifies that the
rule will not have a significant
economic impact on a substantial
number of small entities. See 5 U.S.C.
603–605. The Commission does not
anticipate that the proposed Rule will
have a significant economic impact on
a substantial number of small entities
because the burdens of the rule are not
significant and the number of affected
entities are limited. Accordingly, this
document serves as notice to the Small
Business Administration of the FTC’s
certification of no effect.
14 5
CFR 1320.3(c)(2).
proposed rule would impose no reporting
requirements on catalog sellers.
16 This number (20) is consistent with our
estimate for fluorescent lamp ballast manufacturers.
See 69 FR 64289, 64291 (Nov. 4, 2004). U.S.
Economic Census data indicate that there are
approximately 80 electric lamp bulb and part
manufacturers, 473 residential electric lighting
fixture manufacturers and 356 commercial,
industrial, and institutional electric lighting fixture
manufacturers in the U.S. We estimate that only a
small fraction of those companies manufacture
metal halide lamp fixtures. See https://
www.census.gov/econ/census02/guide/
INDRPT31.HTM (Codes 335110, 335121, and
335122).
15 The
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To ensure the accuracy of this
certification, however, the Commission
requests comment on whether the
proposed Rule will have a significant
impact on a substantial number of small
entities, including specific information
on the number of entities that would be
covered by the proposed Rule, the
number of these companies that are
small entities, and the average annual
burden for each entity. Moreover,
although the Commission certifies
under the RFA that the rule proposed in
this notice would not, if promulgated,
have a significant impact on a
substantial number of small entities, the
Commission has determined,
nonetheless, to publish an IRFA in order
to inquire into the impact of the
proposed Rule on small entities as
follows:
A. Description of the Reason That
Action by the Agency Is Being Taken
Section 324 of EISA requires the
Commission to issue labeling rules for
metal halide lamp products. EISA
specifies the content of such labels.
Also, the Federal Trade Commission is
charged with enforcing the requirements
of 42 U.S.C. 6294, which require the
agency to issue this rule.
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B. Statement of the Objectives of, and
Legal Basis for, the Proposed Rule
The objective of the proposed Rule is
to establish energy labeling
requirements for metal halide lamp
fixtures and ballasts. Section 324 of
EISA requires the Commission to issue
labeling rules for metal halide lamp
products. EISA specifies the content of
such labels.
C. Small Entities To Which the Proposed
Rule Will Apply
Under the Small Business Size
Standards issued by the Small Business
Administration, lighting fixture
manufacturers qualify as small
businesses if they have fewer than 500
employees. As discussed in more detail
in section IV of this Notice, the
Commission estimates that only a small
fraction of lamp fixture manufacturers
(approximately 20 entities) produce
metal halide lamp fixtures and ballasts.
Even if most of these entities were small
businesses, the number would not be
substantial.
The Commission also estimates that
200 catalog retailers (including Web site
sellers) would have to comply with the
new reporting requirements, most or all
of which are probably small businesses.
As with catalog sellers of fluorescent
lamp ballasts under the current rule,
catalog sellers of metal halide fixtures
and ballasts would have to insert an
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encircled ‘‘E’’ in each description of
metal halide lamp fixtures they offer for
sale. We expect that the burden
associated with such disclosures will be
de minimis.
The Commission seeks comment and
information with regard to the estimated
number or nature of small business
entities for which the proposed Rule
would have a significant economic
impact.
D. Projected Reporting, Recordkeeping,
and Other Compliance Requirements
The Commission recognizes that the
proposed labeling rule will involve
some increased costs for affected
parties. Most of these costs will be in
the form of redrafting information
placed on packages and products and
placing the required disclosure in paper
and web-based catalogs. Specifically,
the proposed amendments require that
labels for metal halide lamp fixtures and
ballasts, and point-of-sale promotional
material for fixtures, disclose an ‘‘E’’
within a circle. Manufacturers already
include information on packages and
ballasts in the ordinary course of
business. The Rule would require
manufactures to reformat their labels
one time to include the encircled ‘‘E’’
symbol. The proposed requirement that
catalog sellers include the encircled ‘‘E’’
in their product descriptions would
involve the same, one-time change to all
of the metal halide lamp fixtures in the
seller’s catalog. Similarly, the Rule
would contain standard reporting
requirements for manufacturers to
submit data that, in all likelihood, they
already generate and disseminate during
the normal course of business in
catalogs and other disclosures.
The Commission does not expect that
there will be any significant legal,
professional, or training costs to comply
with the rule. The Commission does not
expect that the labeling requirements
will impose significant incremental
costs for Web sites or other advertising.
Thus, the Commission anticipates that,
in total, the burdens imposed by the
proposed amendment should not be
significant on any particular entity. The
Commission invites comment and
information on these issues.
E. Duplicative, Overlapping, or
Conflicting Federal Rules
The Commission has not identified
any other federal statutes, rules, or
policies that would duplicate, overlap,
or conflict with the proposed Rule. The
Commission invites comment and
information on this issue.
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F. Significant Alternatives to the
Proposed Rule
The proposed amendments closely
track the prescriptive requirements of
the statute, and thus leave little room for
significant alternatives to decrease the
burden on regulated entities.
Nevertheless, the Commission seeks
comment and information on the need,
if any, for alternative compliance
methods that, consistent with the
statutory requirements, would reduce
the economic impact of the rule on
small entities. Congress has specified
due dates for the Rule’s promulgation
and its applicability to affected entities.
Accordingly, the Commission has no
discretion as to the timing of the Rule’s
implementation. If the comments filed
in response to this notice identify small
entities that are affected by the Rule, as
well as alternative methods of
compliance that would reduce the
economic impact of the rule on such
entities, the Commission will consider
the feasibility of such alternatives and
determine whether they should be
incorporated into the Final Rule.
VI. Proposed Rule Language
List of Subjects in 16 CFR Part 305
Advertising, Energy conservation,
Household appliances, Labeling,
Reporting and recordkeeping
requirements.
For the reasons set out above, the
Commission proposes the following
amendments to 16 CFR part 305:
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’’)
1. The authority citation for part 305
continues to read as follows:
Authority: 42 U.S.C. 6294.
2. In § 305.2, in paragraph (k)(2), add
the phrase ‘‘metal halide lamp fixtures,’’
after the phrase ‘‘fluorescent lamp
ballasts,’’ revise paragraph (l)(21), and
add paragraph (l)(22) to read as follows:
§ 305.2
Definitions.
*
*
*
*
*
(l) * * *
(21) Metal halide lamp fixtures.
(22) Any other type of consumer
product which the Department of
Energy classifies as a covered product
under section 322(b) of the Act (42
U.S.C. 6292).
*
*
*
*
*
E:\FR\FM\01APP1.SGM
01APP1
Federal Register / Vol. 73, No. 63 / Tuesday, April 1, 2008 / Proposed Rules
3. In section 305.3, add paragraphs (s),
(t), and (u) to read as follows:
§ 305.3
*
*
*
*
*
(s) Metal halide ballast means a
ballast used to start and operate metal
halide lamps.
(t) Metal halide lamp means a high
intensity discharge lamp in which the
major portion of the light is produced by
radiation of metal halides and their
products of dissociation, possibly in
combination with metallic vapors.
(u) Metal halide lamp fixture means a
light fixture for general lighting
application that is designed to be
operated with a metal halide lamp and
a ballast for a metal halide lamp and
that is subject to and complies with
Department of Energy efficiency
standards issued pursuant to 42 U.S.C.
6295.
*
*
*
*
*
4. Section 305.8 is amended as
follows:
a. In paragraph (a)(1) of section 305.8,
add the phrase ‘‘metal halide lamp
fixtures,’’ after the phrase ‘‘fluorescent
lamp ballasts,’’.
b. Add paragraph (a)(5).
c. Revise paragraph (b)(1)
mstockstill on PROD1PC66 with PROPOSALS
§ 305.8
Product category
Description of covered products.
Submission of data.
(a) * * *
(5) Each manufacturer of a metal
halide lamp fixture shall submit
annually to the Commission a report for
each basic model of metal halide lamp
fixture in current production. The report
shall contain the following information:
(i) Name and address of manufacturer;
(ii) All trade names under which the
metal halide lamp fixture is marketed;
(iii) Model number;
(iv) Starting serial number, date code
or other means of identifying the date of
manufacture (date of manufacture
information must be included with only
the first submission for each basic
model);
(v) Type of ballast (e.g., pulse, probe,
or electronic);
(vi) Nominal input voltage and
frequency;
(vii) Ballast efficiency; and
(viii) Lamp type and wattage (or range
of wattages) with which the metal
halide lamp fixture is designed to be
used.
(b)(1) All data required by 305.8(a)
except serial numbers shall be
submitted to the Commission annually,
on or before the following dates:
Deadline
for data
submission
Product category
Refrigerators ..................................
VerDate Aug<31>2005
16:36 Mar 31, 2008
Aug. 1
Jkt 214001
Refrigerator-freezers .....................
Freezers ........................................
Central air conditioners .................
Heat pumps ...................................
Dishwashers ..................................
Water heaters ................................
Room air conditioners ...................
Furnaces .......................................
Pool heaters ..................................
Clothes washers ............................
Fluorescent lamp ballasts .............
Showerheads ................................
Faucets ..........................................
Water closets ................................
Urinals ...........................................
Metal halide lamp fixtures .............
Fluorescent lamps .........................
Medium Base Compact Fluorescent Lamps.
Incandescent Lamps, incl. Reflector Lamps.
*
*
§ 305.10
*
*
Deadline
for data
submission
Aug. 1
Aug. 1
July 1
July 1
June 1
May 1
May 1
May 1
May 1
Oct. 1
Mar. 1
Mar. 1
Mar. 1
Mar. 1
Mar. 1
Mar. 1
Mar. 1
[Stayed]
Mar. 1
[Stayed]
Mar. 1
[Stayed]
*
[Amended]
5. In paragraph (a) of § 305.10, add the
phrase ‘‘metal halide lamp fixtures,’’
after the phrase ‘‘fluorescent lamp
ballasts,’’.
6. In § 305.15, add paragraph (c) to
read as follows:
§ 305.15
Labeling for lighting products.
*
*
*
*
*
(c) Metal halide lamp fixtures and
metal halide ballasts
(1) Contents. Metal halide ballasts
contained in a metal halide lamp fixture
covered by this Part shall be marked
conspicuously, in color-contrasting ink,
with a capital letter ‘‘E’’ printed within
a circle. Packaging for metal halide lamp
fixtures covered by this Part shall also
be marked conspicuously with a capital
letter ‘‘E’’ printed within a circle. For
purposes of this section, the encircled
capital letter ‘‘E’’ will be deemed
‘‘conspicuous,’’ in terms of size, if it is
as large as either the manufacturer’s
name or another logo, such as the ‘‘UL,’’
‘‘CBM’’ or ‘‘ETL’’ logos, whichever is
larger, that appears on the metal halide
ballast, or the packaging for the metal
halide lamp fixture, whichever is
applicable for purposes of labeling.
(2) Product Labeling. The encircled
capital letter ‘‘E’’ on metal halide
ballasts must appear conspicuously, in
color-contrasting ink (i.e., in a color that
contrasts with the background on which
the encircled capital letter ‘‘E’’ is
placed) on the surface that is normally
labeled. It may be printed on the label
that normally appears on the metal
halide ballast, printed on a separate
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
17267
label, or stamped indelibly on the
surface of the metal halide ballast.
(3) Package Labeling. For purposes of
labeling under this section, packaging
for metal halide lamp fixtures consists
of the plastic sheeting, or ‘‘shrinkwrap,’’ covering pallet loads of metal
halide lamp fixtures as well as any
containers in which such metal halide
lamp fixtures are marketed individually
or in small numbers. The encircled
capital letter ‘‘E’’ on packages
containing metal halide lamp fixtures
must appear conspicuously, in colorcontrasting ink, on the surface of the
package on which printing or a label
normally appears. If the package
contains printing on more than one
surface, the label must appear on the
surface on which the product inside the
package is described. The encircled
capital letter ‘‘E’’ may be printed on the
surface of the package, printed on a
label containing other information,
printed on a separate label, or indelibly
stamped on the surface of the package.
In the case of pallet loads containing
metal halide lamp fixtures, the encircled
capital letter ‘‘E’’ must appear
conspicuously, in color-contrasting ink,
on the plastic sheeting, unless clear
plastic sheeting is used and the
encircled capital letter ‘‘E’’ is legible
underneath this packaging. The
encircled capital letter ‘‘E’’ must also
appear conspicuously on any
documentation that would normally
accompany such a pallet load. The
encircled capital letter ‘‘E’’ may appear
on a label affixed to the sheeting or may
be indelibly stamped on the sheeting. It
may be printed on the documentation,
printed on a separate label that is
affixed to the documentation or
indelibly stamped on the
documentation.
7. In paragraph (a)(1) of § 305.19, add
the phrase ‘‘metal halide lamp fixtures,’’
after the phrase ‘‘fluorescent lamp
ballasts,’’ and revise paragraph (a)(2) to
read as follows:
§ 305.19 Promotional material displayed or
distributed at point of sale.
(a) * * *
(2) Any manufacturer, distributor,
retailer or private labeler who prepares
printed material for display or
distribution at point of sale concerning
a covered product that is a fluorescent
lamp ballast or metal halide lamp
fixture to which standards are
applicable under section 325 of the Act,
shall disclose conspicuously in such
printed material, in each description of
such product, an encircled capital letter
‘‘E’’.
*
*
*
*
*
E:\FR\FM\01APP1.SGM
01APP1
17268
Federal Register / Vol. 73, No. 63 / Tuesday, April 1, 2008 / Proposed Rules
8. In paragraph (a) of § 305.20, add the
phrase ‘‘metal halide lamp fixtures,’’
after the phrase ‘‘fluorescent lamp
ballasts,’’ and add paragraph (e) to read
as follows:
§ 305.20
Paper catalogs and Web sites.
*
*
*
*
*
(e) Any manufacturer, distributor,
retailer, or private labeler who
advertises metal halide lamp fixtures
manufactured on or after January 1,
2009 in a catalog, from which they may
be purchased by cash, charge account or
credit terms, shall disclose
conspicuously in such catalog, in each
description of such metal halide lamp
fixture, a capital letter ‘‘E’’ printed
within a circle.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E8–6566 Filed 3–31–08; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 938
[PA–150–FOR; OSM–2008–0002]
Pennsylvania Regulatory Program
Office of Surface Mining
Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; removal of
required amendment.
mstockstill on PROD1PC66 with PROPOSALS
AGENCY:
SUMMARY: We are announcing receipt of
a request to remove a required
amendment to the Pennsylvania
regulatory program (the ‘‘Pennsylvania
program’’) under the Surface Mining
Control and Reclamation Act of 1977
(SMCRA or the Act). In response to a
required program amendment codified
in the Federal regulations at 30 CFR
938.16(uuu), Pennsylvania has
submitted rationale that it believes
supports its position that current
program provisions are sufficient to
render its program no less effective than
the Federal requirements and, therefore,
no amendment is necessary. The
required amendment pertains to
regulatory exemptions for coal
extraction incidental to the extraction of
other minerals.
This document gives the times and
locations that the Pennsylvania program
and this request are available for your
inspection, the comment period during
which you may submit written
comments, and the procedures that we
VerDate Aug<31>2005
16:36 Mar 31, 2008
Jkt 214001
will follow for the public hearing, if one
is requested.
DATES: We will accept written
comments until 4 p.m., local time May
1, 2008. If requested, we will hold a
public hearing on April 28, 2008. We
will accept requests to speak at a
hearing until 4 p.m., local time on April
16, 2008.
ADDRESSES: You may submit comments
by either of the following two methods:
Federal eRulemaking Portal: https://
www.regulations.gov. The proposed rule
has been assigned Docket ID: OSM–
2008–0002. If you would like to submit
comments through the Federal
eRulemaking Portal, go to https://
www.regulations.gov and do the
following. Click on the ‘‘Advanced
Docket Search’’ button on the right side
of the screen. Type in the Docket ID
OSM–2008–0002 and click the
‘‘Submit’’ button at the bottom of the
page. The next screen will display the
Docket Search Results for the
rulemaking. If you click on OSM–2008–
0002, you can view the proposed rule
and submit a comment. You can also
view supporting material and any
comments submitted by others.
Mail/Hand Delivery/Courier: Mr. George
Rieger, Chief, Pittsburgh Field
Division, Office of Surface Mining
Reclamation and Enforcement, 415
Market Street, Room 304, Harrisburg,
PA 17101.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the ‘‘Public Comment Procedures’’
heading of the SUPPLEMENTARY
INFORMATION section of this document.
Docket: In addition to obtaining
copies of documents at https://
www.regulations.gov, information may
also be obtained at the addresses listed
below during normal business hours,
Monday through Friday, excluding
holidays. You may receive one free copy
of the amendment by contacting OSM’s
Pittsburgh Field Division.
Mr. George Rieger, Chief, Pittsburgh
Field Division, Office of Surface
Mining Reclamation and
Enforcement, 415 Market Street,
Room 304, Harrisburg, PA 17101,
(717) 782–4036. E-mail:
grieger@osmre.gov.
Joseph P. Pizarchik, Director, Bureau of
Mining and Reclamation,
Pennsylvania Department of
Environmental Protection, Rachel
Carson State Office Building, P.O. Box
8461, Harrisburg, Pennsylvania
17105–8461, Telephone: (717) 787–
5015. E-mail: jpizarchik@state.pa.us.
FOR FURTHER INFORMATION CONTACT: Mr.
George Rieger, Chief, Pittsburgh Field
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
Division, Telephone: (717) 782–4036. Email: grieger@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program
II. Description of the Request
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Pennsylvania
Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its program
includes, among other things, ‘‘a State
law which provides for the regulation of
surface coal mining and reclamation
operations in accordance with the
requirements of this Act. * * *; and
rules and regulations consistent with
regulations issued by the Secretary
pursuant to this Act.’’ See 30 U.S.C.
1253(a)(1) and (7). On the basis of these
criteria, the Secretary of the Interior
conditionally approved the
Pennsylvania program on July 30, 1982.
You can find background information
on the Pennsylvania program, including
the Secretary’s findings, the disposition
of comments, and conditions of
approval of the Pennsylvania program
in the July 30, 1982, Federal Register
(47 FR 33050). You can also find later
actions concerning the Pennsylvania
program and program amendments at 30
CFR 938.11, 938.12, 938.13, 938.15 and
938.16.
II. Description of the Request
By letter dated December 18, 2007
(Administrative Record Number PA
892.00), Pennsylvania sent us a
response to a program amendment that
was required by OSMRE in a final rule
notice published in the Federal Register
on November 7, 1997 (62 FR 60177) and
codified in the Federal Regulations at 30
CFR 938.16(uuu). Pennsylvania states
that it believes that current
Pennsylvania program regulations are
sufficient to render its program no less
effective than the Federal requirements
at 30 CFR 702.17(c)(2) and (c)(3),
Exemption for Coal Extraction
Incidental to the Extraction of Other
Minerals and, therefore, a program
amendment is not necessary.
This required amendment provided
that Pennsylvania submit an
amendment to provide counterparts to
the Federal regulations at 30 CFR
702.15(d), (e), (f), and 702.17(c)(2), and
(c)(3). The Federal regulations pertain to
(1) conditions of exemption and right of
inspection and entry; and (2) revocation
and enforcement. Pennsylvania submits
that its regulatory program already
E:\FR\FM\01APP1.SGM
01APP1
]]>Agencies
[Federal Register Volume 73, Number 63 (Tuesday, April 1, 2008)]
[Proposed Rules]
[Pages 17263-17268]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6566]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 305
RIN 3084-AA74
Appliance Labeling Rule
AGENCY: Federal Trade Commission (FTC or Commission).
ACTION: Notice of proposed rulemaking; request for public comment.
-----------------------------------------------------------------------
SUMMARY: Section 324 of the Energy Independence and Security Act of
2007 requires the Federal Trade Commission to issue labeling rules for
metal halide lamp fixtures and ballasts by July 1, 2008. In accordance
with this directive, the FTC is publishing proposed amendments to the
Appliance Labeling Rule (``Rule'') for comment.
DATES: Written comments must be received on or before April 28, 2008.
[[Page 17264]]
ADDRESSES: Interested parties are invited to submit written comments.
Comments should refer to ``Proposed Metal Halide Lamp Labeling, Matter
No. R611004'' to facilitate the organization of comments. A comment
filed in paper form should include this reference both in the text and
on the envelope, and should be mailed or delivered to the following
address: Federal Trade Commission/Office of the Secretary, Room H-135
(Annex A), 600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments
containing confidential material must be filed in paper form, and the
first page of the document must be clearly labeled ``Confidential'' and
must comply with Commission Rule 4.9(c).\1\ The FTC is requesting that
any comment filed in paper form be sent by courier or overnight
service, if possible, because postal mail in the Washington area and at
the Commission is subject to delay due to heightened security
precautions.
---------------------------------------------------------------------------
\1\ Any request for confidential treatment, including the
factual and legal basis for the request, must accompany the comment
and must identify the specific portions of the comment to be
withheld from the public record. The request will be granted or
denied by the Commission's General Counsel, consistent with
applicable law and the public interest. See Commission Rule 4.9(c),
16 CFR 4.9(c).
---------------------------------------------------------------------------
Comments filed in electronic form should be submitted by clicking
on the following: https://secure.commentworks.com/ftc-metalhalide and
following the instructions on the Web-based form. To ensure that the
Commission considers an electronic comment, you must file it on the
Web-based form at https://secure.commentworks.com/ftc-metalhalide. You
also may visit https://www.regulations.gov to read this proposed Rule,
and may file an electronic comment through that Web site. The
Commission will consider all comments that regulations.gov forwards to
it.
Comments on any proposed filing, recordkeeping, or disclosure
requirements that are subject to paperwork burden review under the
Paperwork Reduction Act should be submitted to: Office of Information
and Regulatory Affairs, Office of Management and Budget (``OMB''),
Attention: Desk Officer for Federal Trade Commission. Comments should
also be submitted via facsimile to (202) 395-6974 because U.S. postal
mail at the OMB is subject to delays due to heightened security
precautions.
The FTC Act and other laws the Commission administers permit the
collection of public comments to consider and use in this proceeding as
appropriate. The Commission will consider all timely and responsive
public comments that it receives, whether filed in paper or electronic
form. Comments received will be available to the public on the FTC Web
site, to the extent practicable, at https://www.ftc.gov. As a matter of
discretion, the FTC makes every effort to remove home contact
information for individuals from the public comments it receives before
placing those comments on the FTC Web site. More information, including
routine uses permitted by the Privacy Act, may be found in the FTC's
privacy policy, at https://www.ftc.gov/ftc/privacy.htm.
Because written comments appear adequate to present the views of
all interested parties, the Commission has not scheduled an oral
hearing for these amendments. Interested parties may request an
opportunity to present views orally. If such a request is made, the
Commission will publish a document in the Federal Register, stating the
time and place for such oral presentation(s) and describing the
procedures that will be followed. Interested parties who wish to
present oral views must submit, on or before March 31, 2008, a written
comment that describes the issues on which the party wishes to speak.
If there is no oral hearing, the Commission will base its decision on
the written rulemaking record.
FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326-2889,
Attorney, Division of Enforcement, Bureau of Consumer Protection,
Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC
20580.
SUPPLEMENTARY INFORMATION: As directed by the Energy Independence and
Security Act of 2007 (``EISA'' or ``Act'') (Pub. L. 110-140), the
Commission is proposing amendments to the Appliance Labeling Rule (16
CFR Part 305) that would create new labeling requirements for metal
halide lamp fixture packaging and ballasts contained within those
fixtures.\2\ This Notice provides a description of these products,
information about EISA's requirements, and a description of the FTC's
proposed amendments to implement that law. The Notice also states that
the FTC will be conducting a separate rulemaking in the future related
to energy disclosures for lamp products as required by EISA. Finally,
this notice contains specific questions for comment and analysis under
the Paperwork Reduction Act and Regulatory Flexibility Act.
---------------------------------------------------------------------------
\2\ In accordance with 42 U.S.C. 6306(a)(1), this proceeding is
being conducted pursuant to section 553 of the Administrative
Procedure Act (5 U.S.C. 553) except that interested persons shall
have an opportunity to present written and oral data, views, and
arguments.
---------------------------------------------------------------------------
I. Labeling for Metal Halide Lamp Fixtures
Section 324(d) of the EISA amends the Energy Policy and
Conservation Act (42 U.S.C. 6291 et seq.) (``EPCA'') to require the
Federal Trade Commission to issue labeling rules for metal halide lamp
fixture packaging and ballasts that are subject to Department of Energy
(``DOE'') efficiency standards issued pursuant to 42 U.S.C. 6295. Under
EISA, the Commission must prescribe the labeling rules by July 1, 2008.
The statute also directs that the rules, once issued, must apply to any
fixture manufactured on or after January 1, 2009. EISA defines a
``metal halide lamp'' as a ``high intensity discharge lamp in which the
major portion of the light is produced by radiation of metal halides
and their products of dissociation, possibly in combination with
metallic vapors.'' \3\ These lamps produce a bright, white light and
offer high color rendition compared to other high-intensity lighting.
They are used to light large indoor areas, such as gymnasiums and
sports arenas, as well as outdoor areas, such as car lots.\4\ As
discussed below, the Commission is proposing labeling rules for metal
halide lamp fixtures consistent with the directive of EISA.
---------------------------------------------------------------------------
\3\ See Pub. L. 110-140, 324(a). The Act also contains
definitions for ``metal halide ballast'' (used to start and operate
metal halide lamps) and ``metal halide lamp fixture.''
\4\ See https://www.eere.energy.gov/consumer/ (``A Consumer's
Guide to Energy Efficiency and Renewable Energy'').
---------------------------------------------------------------------------
Specifically, EISA directs the FTC to issue a rule requiring that
metal halide lamp fixture packages and the ballasts in those fixtures
be labeled conspicuously with ``a capital letter `E' printed within a
circle.'' \5\ Consistent with the labeling requirements for other
lighting products, the encircled ``E'' will indicate that the product
meets applicable DOE energy efficiency standards.\6\ Because EISA
excludes some metal halide lamp fixture types from those efficiency
standards,\7\ the FTC labeling will aid consumers in
[[Page 17265]]
identifying which products are covered by the DOE standards.
---------------------------------------------------------------------------
\5\ 42 U.S.C. 6294(a)(2)(C)(ii). EISA mandates FTC labeling
rules for metal halide lamp fixtures and ballasts contained in those
fixtures. It does not require labeling for metal halide lamps
themselves.
\6\ Under EISA (42 U.S.C. 6294(a)(2)(C)), the FTC's labeling
rules cover only those fixtures subject to DOE efficiency standards
issued pursuant to 42 U.S.C. 6295, and section 324(e) of EISA (42
U.S.C. 6295(hh)) specifically mandates DOE energy standards for
metal halide lamp fixtures. Those standards become effective on the
same date as the FTC's labeling requirements.
\7\ 42 U.S.C. 6295(hh)(1)(B).
---------------------------------------------------------------------------
The Commission is proposing amendments to the Appliance Labeling
Rule to implement EISA's directive with regard to metal halide lamp
fixtures and ballasts. First, consistent with the definition provided
in EISA, the amendments provide descriptions of metal halide ballasts
and metal halide lamp fixtures in the Rule's list of covered products
at section 305.2.\8\ Second, the proposed amendments (305.15) require
that the encircled ``E'' be clearly and conspicuously disclosed in
color-contrasting ink on the label of metal halide lamp fixture
packages and the ballasts contained in those fixtures. Consistent with
current requirements for similar products, this disclosure would be
deemed conspicuous, in terms of size, if it appears in typeface at
least as large as either the manufacturer's name or another logo
disclosed on the label (e.g., ``UL'' or ``ETL''), whichever is
larger.\9\
---------------------------------------------------------------------------
\8\ The proposed description of (metal halide lamp fixture
(Sec. 305.3(u)) indicates that only such fixtures subject to DOE
efficiency standards are covered by the Rule.
\9\ These proposed labeling requirements track existing
requirements for fluorescent lamp ballasts and luminaires (see 16
CFR 305.15(a)&(b)). Indeed, the statutory language in EPCA for
fluorescent lamp ballasts and luminaires is very similar to that
applicable to metal halide products. See 42 U.S.C. 6294(a)(2)(B).
---------------------------------------------------------------------------
Third, in addition to the proposed package and product labeling
requirements, the amendments (305.20) would require retail catalog
sellers to include the capital letter ``E'' printed within a circle in
their descriptions of metal halide lamp fixtures.\10\ The proposed
changes also would require disclosures in point of sale promotional
material as required for other products (305.19).\11\ Finally,
consistent with requirements for other covered products, the proposed
amendments would add reporting requirements for metal halide lamp
fixtures in section 305.8 of the Rule.\12\
---------------------------------------------------------------------------
\10\ EPCA requires energy disclosures for catalog sellers of
covered products. (42 U.S.C. 6296(a)).
\11\ EPCA authorizes the Commission to require such point of
sale disclosures for covered products (42 U.S.C. 6294(c)(4)). The
current Rule contains similar requirements for fluorescent lamp
ballasts (Sec. 305.19(a)(2)).
\12\ Under section 305.8, the proposed rule would require the
submission of data including, but not limited to, model number,
voltage, and ballast efficiency. The proposed due date for annual
reports of these products would be March 1.
---------------------------------------------------------------------------
II. Upcoming Rulemaking on the Effectiveness of Lamp Labeling
EISA requires the FTC to conduct a rulemaking to examine the
effectiveness of current lighting disclosures required by the
Commission and to explore alternative labeling approaches that ``will
help consumers to understand new high-efficiency lamp products and to
base the purchase decisions of the consumers on the most appropriate
source that meets the requirements of the consumers for lighting level,
light quality, lamp lifetime, and total lifecycle cost.'' \13\ In order
to meet the Congressional deadline for metal halide lamp fixture
labeling requirements, the Commission will initiate the rulemaking on
lamp label effectiveness separately at a future date.
---------------------------------------------------------------------------
\13\ EISA section 321(b) (42 U.S.C. 6294(d)(2)(I)).
---------------------------------------------------------------------------
III. Questions for Comment
The Commission seeks comments on all aspects of this proposed rule.
All comments should be filed as prescribed in the ADDRESSES section
above, and must be received on or before April 28, 2008. We ask that
commenters address the following questions:
(1) What costs or burdens, or any other impacts, do the proposed
requirements impose, and on whom? What evidence supports the asserted
costs, burdens, or other impacts?
(2) What modifications, if any, should be made to the proposed
requirements to increase their benefits to consumers?
(a) What evidence supports your proposed modifications? Please
submit any such evidence.
(b) How would these modifications affect the costs and benefits of
the proposed requirements for consumers?
(c) How would these modifications affect the costs and benefits of
the proposed requirements for businesses, and in particular, small
businesses?
(3) What modifications, if any, should be made to the proposed
requirements to decrease their burdens on businesses?
(a) What evidence supports your proposed modifications? Please
submit any such evidence.
(b) How would these modifications affect the costs and benefits of
the proposed requirements for consumers?
(c) How would these modifications affect the costs and benefits of
the proposed requirements for businesses, and in particular, small
businesses?
(4) Are the proposed reporting requirements in section 305.8
appropriate? If not, should the Rule request different, more, or less
information? If so, what information should be required? What evidence
supports your answer(s)?
IV. Paperwork Reduction Act
The proposed requirements for package, product labels, as well as
point-of-sale materials and catalog disclosures do not constitute a
``collection of information'' under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3520) because they are a ``public disclosure of
information originally supplied by the government to the recipient for
the purpose of disclosure to the public'' as indicated in OMB
regulations.\14\ The proposed data reporting for metal halide lamp
ballast manufacturers, however, would constitute a ``collection of
information.'' \15\ Consistent with past estimates for fluorescent
ballast manufacturers, we expect such reporting would require six hours
per manufacturer. We estimate that there are approximately 20
manufacturers of metal halide lamp fixtures.\16\ Accordingly, we
estimate the reporting burden for these entities to be 120 hours. In
addition, consistent with past estimates for fluorescent ballast
manufacturers, we estimate that the yearly recordkeeping burden for
metal halide manufacturers will be no more than 2 hours each or 40
hours total (2 hours x 20 manufacturers). Therefore, the total
estimated annual burden of the proposed amendments is 160 hours. The
Commission seeks comment on this estimate.
---------------------------------------------------------------------------
\14\ 5 CFR 1320.3(c)(2).
\15\ The proposed rule would impose no reporting requirements on
catalog sellers.
\16\ This number (20) is consistent with our estimate for
fluorescent lamp ballast manufacturers. See 69 FR 64289, 64291 (Nov.
4, 2004). U.S. Economic Census data indicate that there are
approximately 80 electric lamp bulb and part manufacturers, 473
residential electric lighting fixture manufacturers and 356
commercial, industrial, and institutional electric lighting fixture
manufacturers in the U.S. We estimate that only a small fraction of
those companies manufacture metal halide lamp fixtures. See https://
www.census.gov/econ/census02/guide/INDRPT31.HTM (Codes 335110,
335121, and 335122).
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V. Regulatory Flexibility Act
The Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601-612,
requires that the Commission provide an Initial Regulatory Flexibility
Analysis (``IRFA'') with a proposed Rule and a Final Regulatory
Flexibility Analysis (``FRFA''), if any, with the final rule, unless
the Commission certifies that the rule will not have a significant
economic impact on a substantial number of small entities. See 5 U.S.C.
603-605. The Commission does not anticipate that the proposed Rule will
have a significant economic impact on a substantial number of small
entities because the burdens of the rule are not significant and the
number of affected entities are limited. Accordingly, this document
serves as notice to the Small Business Administration of the FTC's
certification of no effect.
[[Page 17266]]
To ensure the accuracy of this certification, however, the
Commission requests comment on whether the proposed Rule will have a
significant impact on a substantial number of small entities, including
specific information on the number of entities that would be covered by
the proposed Rule, the number of these companies that are small
entities, and the average annual burden for each entity. Moreover,
although the Commission certifies under the RFA that the rule proposed
in this notice would not, if promulgated, have a significant impact on
a substantial number of small entities, the Commission has determined,
nonetheless, to publish an IRFA in order to inquire into the impact of
the proposed Rule on small entities as follows:
A. Description of the Reason That Action by the Agency Is Being Taken
Section 324 of EISA requires the Commission to issue labeling rules
for metal halide lamp products. EISA specifies the content of such
labels. Also, the Federal Trade Commission is charged with enforcing
the requirements of 42 U.S.C. 6294, which require the agency to issue
this rule.
B. Statement of the Objectives of, and Legal Basis for, the Proposed
Rule
The objective of the proposed Rule is to establish energy labeling
requirements for metal halide lamp fixtures and ballasts. Section 324
of EISA requires the Commission to issue labeling rules for metal
halide lamp products. EISA specifies the content of such labels.
C. Small Entities To Which the Proposed Rule Will Apply
Under the Small Business Size Standards issued by the Small
Business Administration, lighting fixture manufacturers qualify as
small businesses if they have fewer than 500 employees. As discussed in
more detail in section IV of this Notice, the Commission estimates that
only a small fraction of lamp fixture manufacturers (approximately 20
entities) produce metal halide lamp fixtures and ballasts. Even if most
of these entities were small businesses, the number would not be
substantial.
The Commission also estimates that 200 catalog retailers (including
Web site sellers) would have to comply with the new reporting
requirements, most or all of which are probably small businesses. As
with catalog sellers of fluorescent lamp ballasts under the current
rule, catalog sellers of metal halide fixtures and ballasts would have
to insert an encircled ``E'' in each description of metal halide lamp
fixtures they offer for sale. We expect that the burden associated with
such disclosures will be de minimis.
The Commission seeks comment and information with regard to the
estimated number or nature of small business entities for which the
proposed Rule would have a significant economic impact.
D. Projected Reporting, Recordkeeping, and Other Compliance
Requirements
The Commission recognizes that the proposed labeling rule will
involve some increased costs for affected parties. Most of these costs
will be in the form of redrafting information placed on packages and
products and placing the required disclosure in paper and web-based
catalogs. Specifically, the proposed amendments require that labels for
metal halide lamp fixtures and ballasts, and point-of-sale promotional
material for fixtures, disclose an ``E'' within a circle. Manufacturers
already include information on packages and ballasts in the ordinary
course of business. The Rule would require manufactures to reformat
their labels one time to include the encircled ``E'' symbol. The
proposed requirement that catalog sellers include the encircled ``E''
in their product descriptions would involve the same, one-time change
to all of the metal halide lamp fixtures in the seller's catalog.
Similarly, the Rule would contain standard reporting requirements for
manufacturers to submit data that, in all likelihood, they already
generate and disseminate during the normal course of business in
catalogs and other disclosures.
The Commission does not expect that there will be any significant
legal, professional, or training costs to comply with the rule. The
Commission does not expect that the labeling requirements will impose
significant incremental costs for Web sites or other advertising. Thus,
the Commission anticipates that, in total, the burdens imposed by the
proposed amendment should not be significant on any particular entity.
The Commission invites comment and information on these issues.
E. Duplicative, Overlapping, or Conflicting Federal Rules
The Commission has not identified any other federal statutes,
rules, or policies that would duplicate, overlap, or conflict with the
proposed Rule. The Commission invites comment and information on this
issue.
F. Significant Alternatives to the Proposed Rule
The proposed amendments closely track the prescriptive requirements
of the statute, and thus leave little room for significant alternatives
to decrease the burden on regulated entities. Nevertheless, the
Commission seeks comment and information on the need, if any, for
alternative compliance methods that, consistent with the statutory
requirements, would reduce the economic impact of the rule on small
entities. Congress has specified due dates for the Rule's promulgation
and its applicability to affected entities. Accordingly, the Commission
has no discretion as to the timing of the Rule's implementation. If the
comments filed in response to this notice identify small entities that
are affected by the Rule, as well as alternative methods of compliance
that would reduce the economic impact of the rule on such entities, the
Commission will consider the feasibility of such alternatives and
determine whether they should be incorporated into the Final Rule.
VI. Proposed Rule Language
List of Subjects in 16 CFR Part 305
Advertising, Energy conservation, Household appliances, Labeling,
Reporting and recordkeeping requirements.
For the reasons set out above, the Commission proposes the
following amendments to 16 CFR part 305:
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'')
1. The authority citation for part 305 continues to read as
follows:
Authority: 42 U.S.C. 6294.
2. In Sec. 305.2, in paragraph (k)(2), add the phrase ``metal
halide lamp fixtures,'' after the phrase ``fluorescent lamp ballasts,''
revise paragraph (l)(21), and add paragraph (l)(22) to read as follows:
Sec. 305.2 Definitions.
* * * * *
(l) * * *
(21) Metal halide lamp fixtures.
(22) Any other type of consumer product which the Department of
Energy classifies as a covered product under section 322(b) of the Act
(42 U.S.C. 6292).
* * * * *
[[Page 17267]]
3. In section 305.3, add paragraphs (s), (t), and (u) to read as
follows:
Sec. 305.3 Description of covered products.
* * * * *
(s) Metal halide ballast means a ballast used to start and operate
metal halide lamps.
(t) Metal halide lamp means a high intensity discharge lamp in
which the major portion of the light is produced by radiation of metal
halides and their products of dissociation, possibly in combination
with metallic vapors.
(u) Metal halide lamp fixture means a light fixture for general
lighting application that is designed to be operated with a metal
halide lamp and a ballast for a metal halide lamp and that is subject
to and complies with Department of Energy efficiency standards issued
pursuant to 42 U.S.C. 6295.
* * * * *
4. Section 305.8 is amended as follows:
a. In paragraph (a)(1) of section 305.8, add the phrase ``metal
halide lamp fixtures,'' after the phrase ``fluorescent lamp
ballasts,''.
b. Add paragraph (a)(5).
c. Revise paragraph (b)(1)
Sec. 305.8 Submission of data.
(a) * * *
(5) Each manufacturer of a metal halide lamp fixture shall submit
annually to the Commission a report for each basic model of metal
halide lamp fixture in current production. The report shall contain the
following information:
(i) Name and address of manufacturer;
(ii) All trade names under which the metal halide lamp fixture is
marketed;
(iii) Model number;
(iv) Starting serial number, date code or other means of
identifying the date of manufacture (date of manufacture information
must be included with only the first submission for each basic model);
(v) Type of ballast (e.g., pulse, probe, or electronic);
(vi) Nominal input voltage and frequency;
(vii) Ballast efficiency; and
(viii) Lamp type and wattage (or range of wattages) with which the
metal halide lamp fixture is designed to be used.
(b)(1) All data required by 305.8(a) except serial numbers shall be
submitted to the Commission annually, on or before the following dates:
------------------------------------------------------------------------
Deadline for data
Product category submission
------------------------------------------------------------------------
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
Metal halide lamp fixtures.................. Mar. 1
Fluorescent lamps........................... Mar. 1
[Stayed]
Medium Base Compact Fluorescent Lamps....... Mar. 1
[Stayed]
Incandescent Lamps, incl. Reflector Lamps... Mar. 1
[Stayed]
------------------------------------------------------------------------
* * * * *
Sec. 305.10 [Amended]
5. In paragraph (a) of Sec. 305.10, add the phrase ``metal halide
lamp fixtures,'' after the phrase ``fluorescent lamp ballasts,''.
6. In Sec. 305.15, add paragraph (c) to read as follows:
Sec. 305.15 Labeling for lighting products.
* * * * *
(c) Metal halide lamp fixtures and metal halide ballasts
(1) Contents. Metal halide ballasts contained in a metal halide
lamp fixture covered by this Part shall be marked conspicuously, in
color-contrasting ink, with a capital letter ``E'' printed within a
circle. Packaging for metal halide lamp fixtures covered by this Part
shall also be marked conspicuously with a capital letter ``E'' printed
within a circle. For purposes of this section, the encircled capital
letter ``E'' will be deemed ``conspicuous,'' in terms of size, if it is
as large as either the manufacturer's name or another logo, such as the
``UL,'' ``CBM'' or ``ETL'' logos, whichever is larger, that appears on
the metal halide ballast, or the packaging for the metal halide lamp
fixture, whichever is applicable for purposes of labeling.
(2) Product Labeling. The encircled capital letter ``E'' on metal
halide ballasts must appear conspicuously, in color-contrasting ink
(i.e., in a color that contrasts with the background on which the
encircled capital letter ``E'' is placed) on the surface that is
normally labeled. It may be printed on the label that normally appears
on the metal halide ballast, printed on a separate label, or stamped
indelibly on the surface of the metal halide ballast.
(3) Package Labeling. For purposes of labeling under this section,
packaging for metal halide lamp fixtures consists of the plastic
sheeting, or ``shrink-wrap,'' covering pallet loads of metal halide
lamp fixtures as well as any containers in which such metal halide lamp
fixtures are marketed individually or in small numbers. The encircled
capital letter ``E'' on packages containing metal halide lamp fixtures
must appear conspicuously, in color-contrasting ink, on the surface of
the package on which printing or a label normally appears. If the
package contains printing on more than one surface, the label must
appear on the surface on which the product inside the package is
described. The encircled capital letter ``E'' may be printed on the
surface of the package, printed on a label containing other
information, printed on a separate label, or indelibly stamped on the
surface of the package. In the case of pallet loads containing metal
halide lamp fixtures, the encircled capital letter ``E'' must appear
conspicuously, in color-contrasting ink, on the plastic sheeting,
unless clear plastic sheeting is used and the encircled capital letter
``E'' is legible underneath this packaging. The encircled capital
letter ``E'' must also appear conspicuously on any documentation that
would normally accompany such a pallet load. The encircled capital
letter ``E'' may appear on a label affixed to the sheeting or may be
indelibly stamped on the sheeting. It may be printed on the
documentation, printed on a separate label that is affixed to the
documentation or indelibly stamped on the documentation.
7. In paragraph (a)(1) of Sec. 305.19, add the phrase ``metal
halide lamp fixtures,'' after the phrase ``fluorescent lamp ballasts,''
and revise paragraph (a)(2) to read as follows:
Sec. 305.19 Promotional material displayed or distributed at point of
sale.
(a) * * *
(2) Any manufacturer, distributor, retailer or private labeler who
prepares printed material for display or distribution at point of sale
concerning a covered product that is a fluorescent lamp ballast or
metal halide lamp fixture to which standards are applicable under
section 325 of the Act, shall disclose conspicuously in such printed
material, in each description of such product, an encircled capital
letter ``E''.
* * * * *
[[Page 17268]]
8. In paragraph (a) of Sec. 305.20, add the phrase ``metal halide
lamp fixtures,'' after the phrase ``fluorescent lamp ballasts,'' and
add paragraph (e) to read as follows:
Sec. 305.20 Paper catalogs and Web sites.
* * * * *
(e) Any manufacturer, distributor, retailer, or private labeler who
advertises metal halide lamp fixtures manufactured on or after January
1, 2009 in a catalog, from which they may be purchased by cash, charge
account or credit terms, shall disclose conspicuously in such catalog,
in each description of such metal halide lamp fixture, a capital letter
``E'' printed within a circle.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E8-6566 Filed 3-31-08; 8:45 am]
BILLING CODE 6750-01-P
