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”), 39221-39226 [E8-15243]
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Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Rules and Regulations
the specific dates and times established in
advance by a Notice to Airmen. The effective
date and time will thereafter be continuously
published in the Airport/Facility Directory.
List of Subjects in 14 CFR Part 71
*
Withdrawal of the Rule
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Airspace, Incorporation by reference,
Navigation (Air).
Issued in Fort Worth, TX, on June 27, 2008.
Donald R. Smith,
Manager, Operations Support Group, ATO
Central Service Center.
[FR Doc. E8–15237 Filed 7–8–08; 8:45 am]
I
BILLING CODE 4910–13–M
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
Accordingly, pursuant to the authority
delegated to me, Airspace Docket No.
08–ASW–5, as published in the Federal
Register on April 14, 2008 (73 FR
19997), is hereby withdrawn.
Issued in Fort Worth, TX, on June 27, 2008.
Donald R. Smith,
Manager, Operations Support Group, ATO
Central Service Center.
[FR Doc. E8–15235 Filed 7–8–08; 8:45 am]
[Docket No. FAA–2008–0339; Airspace
Docket No. 08–ASW–5]
BILLING CODE 4910–13–M
Amendment of Class D and Class E
Airspace; Altus AFB, OK
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Federal Aviation
Administration (FAA), DOT.
AGENCY:
ACTION:
[Docket No. FAA–2008–0160; Airspace
Docket No. 08–AEA–13]
A direct final rule, published
in the Federal Register April 14, 2008
(73 FR 19997) docket No. FAA–2008–
0339, adding additional Class D and
Class E airspace at Altus AFB, Altus,
OK, is being withdrawn. Although the
rule became effective June 5, 2008,
charting of this airspace was never
completed. A new rulemaking will be
forthcoming with an effective date that
coincides with the new charting date.
Effective Date: 0901 UTC July 9,
2008.
Gary
Mallett, Central Service Center,
Operations Support Group, Federal
Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort
Worth, Texas 76193–0530; telephone
number (817) 222–4949.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
dwashington3 on PRODPC61 with RULES
History
On April 14, 2008, the FAA published
a direct final rule; request for comments,
in the Federal Register (73 FR 19997)
Docket No. FAA–2008–0339, amending
the existing Class D and Class E airspace
areas at Altus AFB, Altus, OK. No
comments were received therefore the
rule became effective on the date
specified, June 5, 2008. It was then
determined that the airspace had not
been charted. Therefore, the FAA is
withdrawing this rulemaking and will
issue a new rulemaking with a new
effective date to coincide with the
charting date.
15:16 Jul 08, 2008
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Issued in College Park, Georgia, on June 4,
2008.
Mark D. Ward,
Manager, Operations Support Group, Eastern
Service Center, Air Traffic Organization.
[FR Doc. E8–15236 Filed 7–8–08; 8:45 am]
BILLING CODE 4910–13–M
Direct final rule; withdrawal.
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FR 15061), Docket No. FAA–2008–0161;
Airspace Docket No. 08–AEA–13. The
FAA uses the direct final rulemaking
procedure for a non-controversial rule
where the FAA believes that there will
be no adverse public comment. This
direct final rule advised the public that
no adverse comments were anticipated,
and that unless a written adverse
comment, or a written notice of intent
to submit such an adverse comment,
were received within the comment
period, the regulation would become
effective on September 25, 2008. No
adverse comments were received, and
thus this notice confirms that effective
date.
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*
*
*
14 CFR Part 71
SUMMARY:
DATES:
39221
Establishment of Class E Airspace;
Milford, PA
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule, confirmation of
effective date.
AGENCY:
SUMMARY: This action confirms the
effective date of a direct final rule
published in the Federal Register (73
FR 15061) that establishes Class E
Airspace at Milford, PA to support a
new Area Navigation (RNAV) Global
Positioning System (GPS) Special
Instrument Approach Procedure (IAP)
that has been developed for medical
flight operations into the Myer Airport.
DATES: Effective 0901 UTC, September
25, 2008. The Director of the Federal
Register approves this incorporation by
reference action under title 1, Code of
Federal Regulations, part 51, subject to
the annual revision of FAA Order
7400.9 and publication of conforming
amendments.
FOR FURTHER INFORMATION CONTACT:
Melinda Giddens, System Support
Group, Eastern Service Center, Federal
Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320;
telephone (404) 305–5610.
SUPPLEMENTARY INFORMATION:
Confirmation of Effective Date
The FAA published this direct final
rule with a request for comments in the
Federal Register on March 21, 2008 (73
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FEDERAL TRADE COMMISSION
16 CFR Part 305
RIN 3084–AA74
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’’)
Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’).
ACTION: Final Rule.
AGENCY:
SUMMARY: Section 324 of the Energy
Independence and Security Act of 2007
requires the Commission to issue
labeling rules for metal halide lamp
fixtures and ballasts. In accordance with
this directive, the Commission has
completed the required rulemaking and
is publishing final amendments to the
Appliance Labeling Rule (‘‘Rule’’).
DATES: The amendments published in
this final rule will become effective on
January 1, 2009.
ADDRESSES: Requests for copies of this
document are available from: Public
Reference Branch, Room 130, Federal
Trade Commission, 600 Pennsylvania
Avenue, NW., Washington, DC 20580.
The complete record of this proceeding
is also available at that address.
Relevant portions of the proceeding,
including this document, are available
at https://www.ftc.gov.
FOR FURTHER INFORMATION CONTACT:
Hampton Newsome, (202) 326–2889,
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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 has conducted a
rulemaking to create new labeling
requirements for the Appliance Labeling
Rule (16 CFR Part 305) for metal halide
lamp fixture packaging and ballasts
contained within those fixtures. On
April 1, 2008, the Commission
published a Notice of Proposed
Rulemaking (‘‘NPRM’’) seeking
comment on draft labeling requirements
for halide lamp fixtures (63 FR 17263).
The Commission is now publishing
final amendments to the Rule. In
support of these amendments, this
Notice provides information about
EISA’s requirements, a description of
the FTC’s amendments to implement
that law, and a discussion of comments
received in response to the proposed
amendments. The Notice also explains
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 analysis under the
Paperwork Reduction Act and
Regulatory Flexibility Act.
I. Labeling for Metal Halide Lamp
Fixtures
A. EISA’s Directive: Section 324(d) of
EISA amends the Energy Policy and
Conservation Act (42 U.S.C. 6291 et
seq.) (‘‘EPCA’’) to require the
Commission to issue labeling rules for
metal halide lamp fixture packaging and
ballasts. The law limits these labeling
requirements to products that are
subject to Department of Energy
(‘‘DOE’’) efficiency standards issued
pursuant to 42 U.S.C. 6295. Under EISA,
the Commission must prescribe these
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.’’1 These lamps produce a bright,
white light and offer high color
rendition compared to other highintensity lighting. They typically light
1 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.’’
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large indoor areas, such as gymnasiums
and sports arenas, as well as outdoor
areas, such as car lots.2 As discussed
below, the Commission is issuing
labeling rules for metal halide lamp
fixtures consistent with the directive of
EISA.
Specifically, EISA directs the FTC to
issue a rule requiring manufacturers to
label metal halide lamp fixture packages
and the ballasts in those fixtures with ‘‘a
capital letter ‘E’ printed within a
circle.’’3 The encircled capital letter ‘‘E’’
(i.e., circle ‘‘E’’) will indicate that the
product meets applicable DOE energy
efficiency standards consistent with the
labeling requirements for other lighting
products.4 Because EISA excludes some
metal halide lamp fixture types from
those efficiency standards5 and the FTC
labeling requirements only apply to
products that meet the DOE standards,
the circle ‘‘E’’ will aid consumers in
identifying products that satisfy the
DOE standard.
B. FTC’s Final Requirements: In its
NPRM, the Commission proposed
amendments to the Appliance Labeling
Rule to implement EISA’s directive. The
final amendments follow the proposed
rule provision (with some minor
exceptions explained in Section II of
this Notice). There are four basic
elements to the final amendments.
First, the amendments insert metal
halide lamp fixtures into the list of
covered products at Section 305.2 and
include metal halide lamp fixtures in
the descriptions of covered products at
Section 305.3.6
Second, the amendments (§ 305.15(c))
require that the circle ‘‘E’’ be clearly and
2 See https://www.eere.energy.gov/consumer/ (‘‘A
Consumer’s Guide to Energy Efficiency and
Renewable Energy’’).
3 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
specifically require labeling for metal halide lamps
themselves.
4 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. 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.
5 42 U.S.C. 6295(hh)(1)(B).
6 These descriptions are the same as the
definitions in EISA (see 42 U.S.C. 6291(62–64))
except that the FTC amendments limit the
description of ‘‘metal halide lamp fixtures’’ to
models subject to DOE efficiency standards. In
addition, in the final amendments, the descriptions
of metal halide-related terms in section 305.3
appear in a different order than in the proposed
amendments. In the proposed amendments, the
descriptions implied that fixtures, lamps, and
ballasts are all separate covered products. In the
final amendments, the order and appearance of
these descriptions clarify that only ‘‘metal halide
lamp fixtures’’(not ballasts or lamps) are covered
products.
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conspicuously disclosed in colorcontrasting 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 will
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.7
Third, the amendments (§ 305.20)
require retail catalog sellers to include
the circle ‘‘E’’ in their descriptions of
metal halide lamp fixtures.8 The final
amendments also require the circle ‘‘E’’
disclosures in point of sale promotional
material as required for other covered
products (§ 305.19).9
Finally, consistent with requirements
for other covered products, the final
amendments add reporting
requirements for metal halide lamp
fixtures to section 305.8 of the Rule.10
II. Comments Received in Response to
Proposed Rule
The Commission received one written
comment in response to the NPRM. The
comment, submitted by the National
Electrical Manufacturers Association
(‘‘NEMA’’), raised four issues.
Specifically, it requested that the
Commission: 1) extend the deadline for
the publishers of printed catalogs to
meet the Rule’s requirements; 2)
eliminate the proposed annual reporting
requirement; 3) eliminate the proposed
requirement that manufacturers include
the circle ‘‘E’’ on shipping documents
for metal halide products; and 4)
consider adding a requirement that the
circle ‘‘E’’ appear on metal halide
fixtures themselves in addition to
packaging and ballasts. Each of these
issues is addressed in turn.
Printed Catalog Disclosures:
Consistent with requirements for other
products covered by the Rule, the
amendments (§ 305.20) require retail
catalog sellers to include the circle ‘‘E’’
in their descriptions of metal halide
7 These requirements track existing requirements
for fluorescent lamp ballasts and luminaires (see 16
CFR 305.15(a)&(b)).
8 EPCA requires energy disclosures for catalog
sellers of covered products. (42 U.S.C. 6296(a)).
9 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)).
10 Under Section 305.8, the final amendments
will 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 was March 1 of each year.
As discussed in section II of this Notice, the
reporting date in the final amendments is
September 1 of each year.
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lamp fixtures. Such catalogs include
websites and traditional paper catalogs.
In its comments, NEMA sought more
time to allow manufacturers to revise
their paper catalogs because it was
concerned that manufacturers would
incur large costs reprinting paper
catalogs outside of their standard
printing cycles.
The Commission believes that
NEMA’s comment is reasonable and that
additional compliance time would not
have a significant impact on the efficacy
of disclosures. Accordingly, the final
amendments apply to any catalog
published after July 1, 2009 (instead of
January 1, 2009 as proposed in the
NPRM).11
Reporting Requirements: NEMA also
opposed the proposed yearly reporting
requirements because, in its view, they
would be overly burdensome. NEMA
also took issue with the FTC’s reporting
burden estimate, arguing that the FTC
should take into account the many
product lines (‘‘well over 100’’) in the
industry and not just the number of
manufacturers. Finally, NEMA stated
that, if the FTC is unable to eliminate
the reporting requirement, then the
agency should establish an electronic
database to ease the reporting burden.
The final amendments retain the
proposed reporting requirements. Under
Section 326 of EPCA (42 U.S.C. 6296),
manufacturers of covered products must
submit annual reports to the
Commission containing energy data for
their products. This annual reporting
requirement is applicable to all products
covered by the Rule, including
appliances, heating and cooling
equipment, covered lighting products,
and covered plumbing products.
Accordingly, the Commission has no
discretion to forgo reporting. However,
to provide manufacturers with
additional time in preparing their initial
(2009) report, the Commission has
changed the annual reporting date for
metal halide lamp fixtures from March
1 of each year to September 1 (see
Section 305.8(b)(1)).12 While this
11 NEMA did not specify an additional time
period necessary for marketers to redraft their
catalogs. Absent any specific suggested time period,
the Commission has afforded marketers an
additional six months, giving them more than a full
annual printing cycle to comply.
12 The final rule also contains a slight
clarification to the reporting requirements. The
EISA amendments (42 U.S.C. 6293(b)(18)) dictate
the DOE test procedure that must be used for metal
halide lamp ballasts. The final FTC reporting
requirements (section 305.8(a)(5)(vii)) contain a
reference to that statutory requirement to ensure
that ballast efficiency data submitted to the FTC are
consistent with the results of the DOE test
procedure. The FTC labeling rule itself does not
impose testing requirements for metal halide
products.
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change does not eliminate the annual
reporting requirement, it will give
manufacturers more time to gather data
on their models for the initial (2009)
report. Once manufacturers have
assembled their data for the first (2009)
annual report, they should be able to
use that data as a starting point for
preparing reports in subsequent years,
thus making it easier to prepare reports
thereafter.
Although the Commission cannot
eliminate the reporting requirement, it
does seek to provide manufacturers with
flexibility in submitting their reporting
data. For example, the FTC allows
manufacturers to submit data through a
variety of means, including paper
letters, printed catalogs, and electronic
files via email. In addition, the
Commission understands that the DOE
is considering the development of a
web-based system to facilitate the
submission of energy data for covered
products. If such a system is
implemented, it may provide an
additional means of simplifying FTC
data submission.
Disclosures on Shipping Documents:
NEMA also took issue with a portion of
the proposed Rule that would require
the circle ‘‘E’’ on documentation
accompanying pallet loads of fixtures
under section 305.15(c)(3). NEMA
argued that this requirement adds no
value because the shipping document
does not help those who purchase
products. NEMA also argued that the
disclosure fails to aid enforcement
efforts because inspectors do not review
shipping documents to determine
compliance with efficiency standards.
In this regard, NEMA has raised valid
concerns. The benefit of the disclosure
on shipping documents is unclear. For
purchases outside of brick and mortar
stores, the Rule’s website and catalog
disclosures provide the information
consumers need to determine
compliance with energy standards.
Similarly, because the final
amendments require the circle ‘‘E’’
disclosure on the pallet sheeting itself,
there appears to be little need to include
it in separate shipping documentation.
Accordingly, the final amendments do
not include this requirement.13
Marking on Metal Halide Fixture:
Finally, NEMA urged the Commission
to consider requiring the circle ‘‘E’’ on
the fixture itself, in addition to the
package and ballasts as proposed.
NEMA indicated that such a
13 A similar requirement applies to disclosures
for fluorescent lamp ballasts and luminaires (16
CFR § 305.15(a)&(b)). The upcoming rulemaking on
the effectiveness of lighting disclosures will give
the Commission an opportunity to review the
appropriateness of that requirement.
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39223
requirement would ‘‘provide more
visibility for the enforcement of the law
and ensure that compliant
manufacturers remain competitive.’’
The Commission has considered
NEMA’s suggestion and decided not to
require the disclosure on fixtures at this
time. The statute appears broad enough
to provide the FTC with discretion to
require marking on the metal halide
fixture itself because the law contains a
general mandate for the Commission ‘‘to
issue labeling rules’’ for metal halide
lamp fixtures. Such a requirement,
however, would constitute a significant
departure from the proposed
amendments, which track Congress’s
specific directive for labeling on
packages and ballasts. Given this
significant departure, it would be
appropriate to seek further comment
before making such a change. However,
if the Commission were to delay this
proceeding to seek such comment, it
could not meet the July 1, 2008
Congressional deadline. Accordingly,
the Commission has determined to issue
the Rule as proposed. The upcoming
rulemaking on the lamp labeling
alternatives (discussed below) will
provide an opportunity for further
consideration of this issue. For now,
although the final amendments will
apply only to the fixture package and
the ballast itself, nothing prohibits
manufacturers from printing the circle
‘‘E’’ on the fixture itself as long as the
fixture meets applicable energy
standards.
III. 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.14 To
meet the Congressional deadline for
metal halide lamp fixture labeling
requirements, the Commission will
initiate the rulemaking on lamp label
effectiveness as a separate proceeding.
IV. Paperwork Reduction Act
The proposed requirements for
package and 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. 3501–3521) 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
14
EISA Section 321(b) (42 U.S.C. 6294(a)(2)(C)).
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OMB regulations.15 The data reporting
from metal halide lamp ballast
manufacturers, however, would
constitute a ‘‘collection of
information.’’16 Consistent with past
estimates for fluorescent ballast
manufacturers, we estimated in the
NPRM that such reporting would
require six hours per manufacturer. We
also estimated that there are
approximately 20 manufacturers of
metal halide lamp fixtures.17 NEMA’s
comments, however, indicated that,
while there are approximately 20
manufacturers, some of those
manufacturers have multiple divisions
or product lines. NEMA estimates that
there are ‘‘well over 100’’ such lines
within the industry. Accordingly, in the
final estimate, we conservatively
assume there are 110 divisions or
product lines and that reporting will
require six hours for each of these
entities (i.e., the same amount of time
we estimate for a manufacturer).18
Therefore, our final estimate is 660
hours (110 product/division lines x 6
hours) as a reporting burden for these
entities. In addition, we estimate that
the yearly recordkeeping burden for
metal halide manufacturers will be no
more than 2 hours each or 220 hours
total (2 hours x 110 product/division
lines). Therefore, the total estimated
annual burden of the final amendments
is 880 hours. Pursuant to the Paperwork
Reduction Act, 44 U.S.C. 3501–3521,
the FTC submitted to the Office of
Management and Budget (OMB) for
review and approval the collections of
information contained in the Rule. On
May 23, 2008, under OMB Control No.
3084–0069, OMB granted approval
through May 31, 2011.
V. Regulatory Flexibility Act
The Regulatory Flexibility Act
(‘‘RFA’’), 5 U.S.C. 601–612, requires an
agency to provide a Final Regulatory
Flexibility Analysis (‘‘FRFA’’) with a
5 CFR 1320.3(c)(2).
The final amendments impose no reporting
requirements on catalog sellers.
17 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. See (https://
www.census.gov/econ/census02/guide/
INDRPT31.HTM) (Codes 335110, 335121, and
335122).
18 This assumption applies across all the
industry, regardless of the size of a particular
manufacturer’s product line or division. We believe
this assumption is very conservative because some
product lines or divisions may be very small and
require substantially less than six hours of burden
per year.
15
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final rule, unless the agency 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.
In light of the comments submitted in
response to the NPRM, the FTC
reaffirms its belief that the amendments
will not have a significant economic
impact on a substantial number of small
entities. Although the Commission
certifies under the RFA that the rule in
this notice will not have a significant
impact on a substantial number of small
entities, the Commission has
determined, nonetheless, to publish a
FRFA to explain the impact of the Rule
on small entities as follows:
A. Statement of the need for, and
objectives of, the amendments
Section 324 of EISA requires the
Commission to issue labeling rules for
metal halide lamp products. EISA
specifies the content of such labels to
provide energy information for
purchasers. Also, the Commission is
charged with enforcing the requirements
of 42 U.S.C. 6294, which require the
agency to issue these amendments. The
objective of the amendments are to
establish energy labeling requirements
for metal halide lamp fixtures and
ballasts.
B. Issues raised by comments in
response to the initial regulatory
flexibility analysis
No significant issues were raised by
public comment related specifically to
small business impacts. NEMA’s
comment raised concerns about the
compliance burden related to catalog
disclosures and reporting requirements.
As discussed in detail in Section II of
this Notice, the Commission has
changed aspects of the amendments to
address these concerns.
C. Estimate of the number of small
entities to which the amendments 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 III 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 website
sellers) would have to comply with the
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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 the
circle ‘‘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.
D. Projected reporting, recordkeeping,
and other compliance requirements
The Commission recognizes that the
final 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 webbased catalogs. Specifically, the
amendments require that labels for
metal halide lamp fixtures and ballasts,
and point-of-sale promotional material
for fixtures, disclose a circle ‘‘E.’’ As
manufacturers already include
information on packages and ballasts in
the ordinary course of business, the
Rule will require manufacturers to
reformat their labels only one time to
include the circle ‘‘E’’ symbol. The
requirement that catalog sellers include
the circle ‘‘E’’ in their product
descriptions will involve the same, onetime change to all of the metal halide
lamp fixture descriptions in the seller’s
catalog. Similarly, the Rule contains
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 or skills
needed to comply with the Rule. The
Commission does not expect that the
labeling requirements will impose
significant incremental costs for
websites or other advertising. Thus, the
Commission anticipates that, in total,
the burdens imposed by the amendment
should not be significant for any
particular entity.
E. Alternatives considered
The amendments closely track the
prescriptive requirements of the statute,
and thus leave little room for significant
alternatives to decrease the burden on
regulated entities. Although the
Commission has no discretion on the
timing of the labeling requirements for
the products and product packages, the
statutory deadline does not apply to
catalog disclosures or reporting
requirements. Accordingly, in response
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to comments, the Commission has
extended the time given to
manufacturers to comply with the
catalog disclosure requirements and has
changed the annual reporting date as
explained in Section II of this Notice. In
addition, the Commission routinely
allows manufacturers to submit required
data through electronic means.
VI. Final Rule Language
List of Subjects in 16 CFR Part 305
Advertising, Energy conservation,
Household appliances, Labeling,
Reporting and recordkeeping
requirements.
I For the reasons set out above, the
Commission is issuing the following
amendments to 16 CFR Part 305:
§ 305.8
1. The authority citation for Part 305
continues to read as follows:
I
Authority: 42 U.S.C. 6294.
[Amended]
2. In paragraph (k)(2) of section 305.2,
add the phrase ‘‘metal halide lamp
fixtures,’’ after the phrase ‘‘fluorescent
lamp ballasts,’’.
I 3. In § 305.2, revise paragraph (l)(21),
and add paragraph (l)(22) to read as
follows:
I
§ 305.2
Definitions.
*
*
*
*
*
(1) * * *
(21) Metal halide lamp fixtures.
(22) Any other type of consumer
product that the Department of Energy
classifies as a covered product under
section 322(b) of the Act (42 U.S.C.
6292).
*
*
*
*
*
I 4. In section 305.3, add paragraph (s)
to read as follows:
§ 305.3
Description of covered products.
dwashington3 on PRODPC61 with RULES
*
*
*
*
*
(s) 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.
(1) Metal halide ballast means a
ballast used to start and operate metal
halide lamps.
VerDate Aug<31>2005
16:34 Jul 08, 2008
Jkt 214001
Submission of data.
*
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’’)
§ 305.2
(2) 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.
*
*
*
*
*
I 5. Section 305.8 is amended as
follows:
I a. In paragraph (a)(1), add the phrase
‘‘metal halide lamp fixtures,’’ after the
phrase ‘‘fluorescent lamp ballasts,’’.
I b. Add paragraph (a)(5).
I c. Revise paragraph (b)(1) to read as
follows:
*
*
*
*
(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 (as determined
pursuant to 42 U.S.C. 6293(b)(18)); 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 theCommission annually,
on or before the following dates:
Product category
Refrigerators ............................
Refrigerators-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 .......
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
Deadline for
data submission
Aug. 1
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
Sept. 1
Deadline for
data submission
Product category
Fluorescent lamps ...................
..................................................
Medium Base Compact Fluorescent Lamps.
..................................................
Incandescent Lamps, incl. Reflector Lamps.
..................................................
*
*
§ 305.10
*
*
39225
Mar. 1
[Stayed]
Mar. 1
[Stayed]
Mar. 1
[Stayed]
*
[Amended]
6. In paragraph (a) of section 305.10,
add the phrase ‘‘metal halide lamp
fixtures,’’ after the phrase ‘‘fluorescent
lamp ballasts,’’.
I 7. In section 305.15, add paragraph (c)
to read as follows:
I
§ 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 ‘‘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
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Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Rules and Regulations
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.
8. In paragraph (a)(1) of section
305.19, add the phrase ‘‘metal halide
lamp fixtures,’’ after the phrase
‘‘fluorescent lamp ballasts,’’ and revise
paragraph (a)(2) to read as follows:
I
§ 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’’.
*
*
*
*
*
9. In paragraph (a) of section 305.20,
add the phrase ‘‘metal halide lamp
fixtures,’’ after the phrase ‘‘fluorescent
lamp ballasts,’’ and add paragraph (e) to
read as follows:
I
§ 305.20
Paper catalogs and websites.
dwashington3 on PRODPC61 with RULES
*
*
*
*
*
(e) Any manufacturer, distributor,
retailer, or private labeler who
advertises metal halide lamp fixtures
manufactured on or after January 1,
2009 in a catalog prepared after July 1,
2009, 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.
*
*
*
*
*
VerDate Aug<31>2005
16:34 Jul 08, 2008
Jkt 214001
By direction of the Commission.
Richard C. Donohue,
Acting Secretary.
[FR Doc. E8–15243 Filed 7–8–08: 8:45 am]
BILLING CODE 6750–01–S
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Part 30
Limited Marketing Activities From a
United States Location by Certain
Firms and Their Employees or Other
Representatives Exempted Under
Commodity Futures Trading
Commission Regulation 30.10
Commodity Futures Trading
Commission.
ACTION: Order.
AGENCY:
SUMMARY: The Commodity Futures
Trading Commission (‘‘Commission’’) is
confirming that designated members of
the Taiwan Futures Exchange
(‘‘TAIFEX’’) may engage in limited
marketing conduct with respect to
foreign futures or options contracts
within the U.S. through their employees
or representatives consistent with prior
Commission orders. This order is issued
pursuant to Commission Regulation
30.10, which permits persons to file a
petition with the Commission for
exemption from the application of
certain of the Regulations set forth in
Part 30 and authorizes the Commission
to grant such an exemption if such
action would not be otherwise contrary
to the public interest or to the purposes
of the provision from which exemption
is sought.
DATES: Effective Date: July 9, 2008.
FOR FURTHER INFORMATION CONTACT:
Andrew Chapin, Special Counsel,
Division of Clearing and Intermediary
Oversight, at (202) 418–5430
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street, NW., Washington, DC
20581. Electronic mail:
achapin@cftc.gov.
SUPPLEMENTARY INFORMATION: The
Commission has issued the following
Order:
Order Issued Pursuant to Regulation
30.10 Confirming That Designated
Members of TAIFEX May Engage in
Limited Marketing Conduct With
Respect to Foreign Futures and Options
Contracts Within the United States
Through Their Employees or Other
Representatives.
Commission regulations governing the
offer and sale of commodity futures and
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
option contracts traded on or subject to
the regulations of a foreign board of
trade to customers located in the U.S.
are contained in Part 30 of the
Commission’s regulations.1 These
regulations include requirements for
intermediaries with respect to
registration, disclosure, capital
adequacy, protection of customer funds,
recordkeeping and reporting, and sales
practice and compliance procedures
that are generally comparable to those
applicable to transactions on U.S.
markets.
In formulating a regulatory program to
govern the offer and sale of foreign
futures and option products to
customers located in the U.S., the
Commission, among other things,
considered the desirability of
ameliorating the potential
extraterritorial impact of such a program
and avoiding duplicative regulation of
firms engaged in international business.
Based upon these considerations, the
Commission determined to permit
persons located outside the U.S. and
subject to a comparable regulatory
structure in the jurisdiction in which
they were located to seek an exemption
from certain of the requirements under
Part 30 of the Commission’s regulations
based upon substituted compliance with
the regulatory requirements of the
foreign jurisdiction (‘‘Regulation 30.10
relief’’).
On October 28, 1992, the Commission
issued an order to permit firms that
have obtained confirmation of
Regulation 30.10 relief to engage in
limited marketing conduct with respect
to foreign futures or options contracts
within the U.S. through their employees
or representatives without prior
notification to the Commission.2 The
Commission stated that
the success of the [Regulation] 30.10
program as well as the existence of working
relationships established under that program
with foreign regulatory and self-regulatory
authorities provide assurances that the
conduct of [Regulation] 30.10 exempted firms
through their employees or other
representatives located in the United States,
if of a limited duration and subject to proper
supervisory controls, will not be inconsistent
with the Commission’s obligations under the
[Commodity Exchange Act] to ensure
appropriate customer protection.
1 Commission regulations referred to herein are
found at 17 CFR Ch. I (2007). Appendix A to Part
30, ‘‘Interpretative Statement With Respect to the
Commission’s Exemptive Authority Under § 30.10
of Its Rules’’ generally sets forth the elements the
Commission will evaluate in determining whether
a particular regulatory program may be found to be
comparable for purposes of exemptive relief
pursuant to Regulation 30.10. 52 FR 28990, 29001
(Aug. 5, 1987).
2 57 FR 49644 (Nov. 3, 1992).
E:\FR\FM\09JYR1.SGM
09JYR1
]]>Agencies
[Federal Register Volume 73, Number 132 (Wednesday, July 9, 2008)]
[Rules and Regulations]
[Pages 39221-39226]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15243]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 305
RIN 3084-AA74
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 (``FTC'' or ``Commission'').
ACTION: Final Rule.
-----------------------------------------------------------------------
SUMMARY: Section 324 of the Energy Independence and Security Act of
2007 requires the Commission to issue labeling rules for metal halide
lamp fixtures and ballasts. In accordance with this directive, the
Commission has completed the required rulemaking and is publishing
final amendments to the Appliance Labeling Rule (``Rule'').
DATES: The amendments published in this final rule will become
effective on January 1, 2009.
ADDRESSES: Requests for copies of this document are available from:
Public Reference Branch, Room 130, Federal Trade Commission, 600
Pennsylvania Avenue, NW., Washington, DC 20580. The complete record of
this proceeding is also available at that address. Relevant portions of
the proceeding, including this document, are available at https://
www.ftc.gov.
FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326-2889,
[[Page 39222]]
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 has conducted a rulemaking to create new labeling
requirements for the Appliance Labeling Rule (16 CFR Part 305) for
metal halide lamp fixture packaging and ballasts contained within those
fixtures. On April 1, 2008, the Commission published a Notice of
Proposed Rulemaking (``NPRM'') seeking comment on draft labeling
requirements for halide lamp fixtures (63 FR 17263). The Commission is
now publishing final amendments to the Rule. In support of these
amendments, this Notice provides information about EISA's requirements,
a description of the FTC's amendments to implement that law, and a
discussion of comments received in response to the proposed amendments.
The Notice also explains 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 analysis
under the Paperwork Reduction Act and Regulatory Flexibility Act.
I. Labeling for Metal Halide Lamp Fixtures
A. EISA's Directive: Section 324(d) of EISA amends the Energy
Policy and Conservation Act (42 U.S.C. 6291 et seq.) (``EPCA'') to
require the Commission to issue labeling rules for metal halide lamp
fixture packaging and ballasts. The law limits these labeling
requirements to products that are subject to Department of Energy
(``DOE'') efficiency standards issued pursuant to 42 U.S.C. 6295. Under
EISA, the Commission must prescribe these 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.''\1\ These lamps produce a bright,
white light and offer high color rendition compared to other high-
intensity lighting. They typically light large indoor areas, such as
gymnasiums and sports arenas, as well as outdoor areas, such as car
lots.\2\ As discussed below, the Commission is issuing labeling rules
for metal halide lamp fixtures consistent with the directive of EISA.
---------------------------------------------------------------------------
\1\ 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.''
\2\ 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
manufacturers to label metal halide lamp fixture packages and the
ballasts in those fixtures with ``a capital letter `E' printed within a
circle.''\3\ The encircled capital letter ``E'' (i.e., circle ``E'')
will indicate that the product meets applicable DOE energy efficiency
standards consistent with the labeling requirements for other lighting
products.\4\ Because EISA excludes some metal halide lamp fixture types
from those efficiency standards\5\ and the FTC labeling requirements
only apply to products that meet the DOE standards, the circle ``E''
will aid consumers in identifying products that satisfy the DOE
standard.
---------------------------------------------------------------------------
\3\ 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 specifically require labeling for metal halide
lamps themselves.
\4\ 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. 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.
\5\ 42 U.S.C. 6295(hh)(1)(B).
---------------------------------------------------------------------------
B. FTC's Final Requirements: In its NPRM, the Commission proposed
amendments to the Appliance Labeling Rule to implement EISA's
directive. The final amendments follow the proposed rule provision
(with some minor exceptions explained in Section II of this Notice).
There are four basic elements to the final amendments.
First, the amendments insert metal halide lamp fixtures into the
list of covered products at Section 305.2 and include metal halide lamp
fixtures in the descriptions of covered products at Section 305.3.\6\
---------------------------------------------------------------------------
\6\ These descriptions are the same as the definitions in EISA
(see 42 U.S.C. 6291(62-64)) except that the FTC amendments limit the
description of ``metal halide lamp fixtures'' to models subject to
DOE efficiency standards. In addition, in the final amendments, the
descriptions of metal halide-related terms in section 305.3 appear
in a different order than in the proposed amendments. In the
proposed amendments, the descriptions implied that fixtures, lamps,
and ballasts are all separate covered products. In the final
amendments, the order and appearance of these descriptions clarify
that only ``metal halide lamp fixtures''(not ballasts or lamps) are
covered products.
---------------------------------------------------------------------------
Second, the amendments (Sec. 305.15(c)) require that the circle
``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 will 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.\7\
---------------------------------------------------------------------------
\7\ These requirements track existing requirements for
fluorescent lamp ballasts and luminaires (see 16 CFR 305.15(a)&(b)).
---------------------------------------------------------------------------
Third, the amendments (Sec. 305.20) require retail catalog sellers
to include the circle ``E'' in their descriptions of metal halide lamp
fixtures.\8\ The final amendments also require the circle ``E''
disclosures in point of sale promotional material as required for other
covered products (Sec. 305.19).\9\
---------------------------------------------------------------------------
\8\ EPCA requires energy disclosures for catalog sellers of
covered products. (42 U.S.C. 6296(a)).
\9\ 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)).
---------------------------------------------------------------------------
Finally, consistent with requirements for other covered products,
the final amendments add reporting requirements for metal halide lamp
fixtures to section 305.8 of the Rule.\10\
---------------------------------------------------------------------------
\10\ Under Section 305.8, the final amendments will 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 was March 1 of each year. As discussed in
section II of this Notice, the reporting date in the final
amendments is September 1 of each year.
---------------------------------------------------------------------------
II. Comments Received in Response to Proposed Rule
The Commission received one written comment in response to the
NPRM. The comment, submitted by the National Electrical Manufacturers
Association (``NEMA''), raised four issues. Specifically, it requested
that the Commission: 1) extend the deadline for the publishers of
printed catalogs to meet the Rule's requirements; 2) eliminate the
proposed annual reporting requirement; 3) eliminate the proposed
requirement that manufacturers include the circle ``E'' on shipping
documents for metal halide products; and 4) consider adding a
requirement that the circle ``E'' appear on metal halide fixtures
themselves in addition to packaging and ballasts. Each of these issues
is addressed in turn.
Printed Catalog Disclosures: Consistent with requirements for other
products covered by the Rule, the amendments (Sec. 305.20) require
retail catalog sellers to include the circle ``E'' in their
descriptions of metal halide
[[Page 39223]]
lamp fixtures. Such catalogs include websites and traditional paper
catalogs. In its comments, NEMA sought more time to allow manufacturers
to revise their paper catalogs because it was concerned that
manufacturers would incur large costs reprinting paper catalogs outside
of their standard printing cycles.
The Commission believes that NEMA's comment is reasonable and that
additional compliance time would not have a significant impact on the
efficacy of disclosures. Accordingly, the final amendments apply to any
catalog published after July 1, 2009 (instead of January 1, 2009 as
proposed in the NPRM).\11\
---------------------------------------------------------------------------
\11\ NEMA did not specify an additional time period necessary
for marketers to redraft their catalogs. Absent any specific
suggested time period, the Commission has afforded marketers an
additional six months, giving them more than a full annual printing
cycle to comply.
---------------------------------------------------------------------------
Reporting Requirements: NEMA also opposed the proposed yearly
reporting requirements because, in its view, they would be overly
burdensome. NEMA also took issue with the FTC's reporting burden
estimate, arguing that the FTC should take into account the many
product lines (``well over 100'') in the industry and not just the
number of manufacturers. Finally, NEMA stated that, if the FTC is
unable to eliminate the reporting requirement, then the agency should
establish an electronic database to ease the reporting burden.
The final amendments retain the proposed reporting requirements.
Under Section 326 of EPCA (42 U.S.C. 6296), manufacturers of covered
products must submit annual reports to the Commission containing energy
data for their products. This annual reporting requirement is
applicable to all products covered by the Rule, including appliances,
heating and cooling equipment, covered lighting products, and covered
plumbing products. Accordingly, the Commission has no discretion to
forgo reporting. However, to provide manufacturers with additional time
in preparing their initial (2009) report, the Commission has changed
the annual reporting date for metal halide lamp fixtures from March 1
of each year to September 1 (see Section 305.8(b)(1)).\12\ While this
change does not eliminate the annual reporting requirement, it will
give manufacturers more time to gather data on their models for the
initial (2009) report. Once manufacturers have assembled their data for
the first (2009) annual report, they should be able to use that data as
a starting point for preparing reports in subsequent years, thus making
it easier to prepare reports thereafter.
---------------------------------------------------------------------------
\12\ The final rule also contains a slight clarification to the
reporting requirements. The EISA amendments (42 U.S.C. 6293(b)(18))
dictate the DOE test procedure that must be used for metal halide
lamp ballasts. The final FTC reporting requirements (section
305.8(a)(5)(vii)) contain a reference to that statutory requirement
to ensure that ballast efficiency data submitted to the FTC are
consistent with the results of the DOE test procedure. The FTC
labeling rule itself does not impose testing requirements for metal
halide products.
---------------------------------------------------------------------------
Although the Commission cannot eliminate the reporting requirement,
it does seek to provide manufacturers with flexibility in submitting
their reporting data. For example, the FTC allows manufacturers to
submit data through a variety of means, including paper letters,
printed catalogs, and electronic files via email. In addition, the
Commission understands that the DOE is considering the development of a
web-based system to facilitate the submission of energy data for
covered products. If such a system is implemented, it may provide an
additional means of simplifying FTC data submission.
Disclosures on Shipping Documents: NEMA also took issue with a
portion of the proposed Rule that would require the circle ``E'' on
documentation accompanying pallet loads of fixtures under section
305.15(c)(3). NEMA argued that this requirement adds no value because
the shipping document does not help those who purchase products. NEMA
also argued that the disclosure fails to aid enforcement efforts
because inspectors do not review shipping documents to determine
compliance with efficiency standards.
In this regard, NEMA has raised valid concerns. The benefit of the
disclosure on shipping documents is unclear. For purchases outside of
brick and mortar stores, the Rule's website and catalog disclosures
provide the information consumers need to determine compliance with
energy standards. Similarly, because the final amendments require the
circle ``E'' disclosure on the pallet sheeting itself, there appears to
be little need to include it in separate shipping documentation.
Accordingly, the final amendments do not include this requirement.\13\
---------------------------------------------------------------------------
\13\ A similar requirement applies to disclosures for
fluorescent lamp ballasts and luminaires (16 CFR Sec.
305.15(a)&(b)). The upcoming rulemaking on the effectiveness of
lighting disclosures will give the Commission an opportunity to
review the appropriateness of that requirement.
---------------------------------------------------------------------------
Marking on Metal Halide Fixture: Finally, NEMA urged the Commission
to consider requiring the circle ``E'' on the fixture itself, in
addition to the package and ballasts as proposed. NEMA indicated that
such a requirement would ``provide more visibility for the enforcement
of the law and ensure that compliant manufacturers remain
competitive.''
The Commission has considered NEMA's suggestion and decided not to
require the disclosure on fixtures at this time. The statute appears
broad enough to provide the FTC with discretion to require marking on
the metal halide fixture itself because the law contains a general
mandate for the Commission ``to issue labeling rules'' for metal halide
lamp fixtures. Such a requirement, however, would constitute a
significant departure from the proposed amendments, which track
Congress's specific directive for labeling on packages and ballasts.
Given this significant departure, it would be appropriate to seek
further comment before making such a change. However, if the Commission
were to delay this proceeding to seek such comment, it could not meet
the July 1, 2008 Congressional deadline. Accordingly, the Commission
has determined to issue the Rule as proposed. The upcoming rulemaking
on the lamp labeling alternatives (discussed below) will provide an
opportunity for further consideration of this issue. For now, although
the final amendments will apply only to the fixture package and the
ballast itself, nothing prohibits manufacturers from printing the
circle ``E'' on the fixture itself as long as the fixture meets
applicable energy standards.
III. 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.\14\ To meet
the Congressional deadline for metal halide lamp fixture labeling
requirements, the Commission will initiate the rulemaking on lamp label
effectiveness as a separate proceeding.
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\14\ EISA Section 321(b) (42 U.S.C. 6294(a)(2)(C)).
---------------------------------------------------------------------------
IV. Paperwork Reduction Act
The proposed requirements for package and 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. 3501-3521) 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
[[Page 39224]]
OMB regulations.\15\ The data reporting from metal halide lamp ballast
manufacturers, however, would constitute a ``collection of
information.''\16\ Consistent with past estimates for fluorescent
ballast manufacturers, we estimated in the NPRM that such reporting
would require six hours per manufacturer. We also estimated that there
are approximately 20 manufacturers of metal halide lamp fixtures.\17\
NEMA's comments, however, indicated that, while there are approximately
20 manufacturers, some of those manufacturers have multiple divisions
or product lines. NEMA estimates that there are ``well over 100'' such
lines within the industry. Accordingly, in the final estimate, we
conservatively assume there are 110 divisions or product lines and that
reporting will require six hours for each of these entities (i.e., the
same amount of time we estimate for a manufacturer).\18\ Therefore, our
final estimate is 660 hours (110 product/division lines x 6 hours) as a
reporting burden for these entities. In addition, we estimate that the
yearly recordkeeping burden for metal halide manufacturers will be no
more than 2 hours each or 220 hours total (2 hours x 110 product/
division lines). Therefore, the total estimated annual burden of the
final amendments is 880 hours. Pursuant to the Paperwork Reduction Act,
44 U.S.C. 3501-3521, the FTC submitted to the Office of Management and
Budget (OMB) for review and approval the collections of information
contained in the Rule. On May 23, 2008, under OMB Control No. 3084-
0069, OMB granted approval through May 31, 2011.
---------------------------------------------------------------------------
\15\ 5 CFR 1320.3(c)(2).
\16\ The final amendments impose no reporting requirements on
catalog sellers.
\17\ 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. See (https://www.census.gov/econ/census02/
guide/INDRPT31.HTM) (Codes 335110, 335121, and 335122).
\18\ This assumption applies across all the industry, regardless
of the size of a particular manufacturer's product line or division.
We believe this assumption is very conservative because some product
lines or divisions may be very small and require substantially less
than six hours of burden per year.
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V. Regulatory Flexibility Act
The Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601-612,
requires an agency to provide a Final Regulatory Flexibility Analysis
(``FRFA'') with a final rule, unless the agency 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.
In light of the comments submitted in response to the NPRM, the FTC
reaffirms its belief that the amendments will not have a significant
economic impact on a substantial number of small entities. Although the
Commission certifies under the RFA that the rule in this notice will
not have a significant impact on a substantial number of small
entities, the Commission has determined, nonetheless, to publish a FRFA
to explain the impact of the Rule on small entities as follows:
A. Statement of the need for, and objectives of, the amendments
Section 324 of EISA requires the Commission to issue labeling rules
for metal halide lamp products. EISA specifies the content of such
labels to provide energy information for purchasers. Also, the
Commission is charged with enforcing the requirements of 42 U.S.C.
6294, which require the agency to issue these amendments. The objective
of the amendments are to establish energy labeling requirements for
metal halide lamp fixtures and ballasts.
B. Issues raised by comments in response to the initial regulatory
flexibility analysis
No significant issues were raised by public comment related
specifically to small business impacts. NEMA's comment raised concerns
about the compliance burden related to catalog disclosures and
reporting requirements. As discussed in detail in Section II of this
Notice, the Commission has changed aspects of the amendments to address
these concerns.
C. Estimate of the number of small entities to which the amendments
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 III 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
website 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 the circle ``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.
D. Projected reporting, recordkeeping, and other compliance
requirements
The Commission recognizes that the final 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 amendments require that labels for metal halide lamp
fixtures and ballasts, and point-of-sale promotional material for
fixtures, disclose a circle ``E.'' As manufacturers already include
information on packages and ballasts in the ordinary course of
business, the Rule will require manufacturers to reformat their labels
only one time to include the circle ``E'' symbol. The requirement that
catalog sellers include the circle ``E'' in their product descriptions
will involve the same, one-time change to all of the metal halide lamp
fixture descriptions in the seller's catalog. Similarly, the Rule
contains 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 or skills needed to comply with
the Rule. The Commission does not expect that the labeling requirements
will impose significant incremental costs for websites or other
advertising. Thus, the Commission anticipates that, in total, the
burdens imposed by the amendment should not be significant for any
particular entity.
E. Alternatives considered
The amendments closely track the prescriptive requirements of the
statute, and thus leave little room for significant alternatives to
decrease the burden on regulated entities. Although the Commission has
no discretion on the timing of the labeling requirements for the
products and product packages, the statutory deadline does not apply to
catalog disclosures or reporting requirements. Accordingly, in response
[[Page 39225]]
to comments, the Commission has extended the time given to
manufacturers to comply with the catalog disclosure requirements and
has changed the annual reporting date as explained in Section II of
this Notice. In addition, the Commission routinely allows manufacturers
to submit required data through electronic means.
VI. Final Rule Language
List of Subjects in 16 CFR Part 305
Advertising, Energy conservation, Household appliances, Labeling,
Reporting and recordkeeping requirements.
0
For the reasons set out above, the Commission is issuing 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'')
0
1. The authority citation for Part 305 continues to read as follows:
Authority: 42 U.S.C. 6294.
Sec. 305.2 [Amended]
0
2. In paragraph (k)(2) of section 305.2, add the phrase ``metal halide
lamp fixtures,'' after the phrase ``fluorescent lamp ballasts,''.
0
3. In Sec. 305.2, revise paragraph (l)(21), and add paragraph (l)(22)
to read as follows:
Sec. 305.2 Definitions.
* * * * *
(1) * * *
(21) Metal halide lamp fixtures.
(22) Any other type of consumer product that the Department of
Energy classifies as a covered product under section 322(b) of the Act
(42 U.S.C. 6292).
* * * * *
0
4. In section 305.3, add paragraph (s) to read as follows:
Sec. 305.3 Description of covered products.
* * * * *
(s) 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.
(1) Metal halide ballast means a ballast used to start and operate
metal halide lamps.
(2) 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.
* * * * *
0
5. Section 305.8 is amended as follows:
0
a. In paragraph (a)(1), add the phrase ``metal halide lamp fixtures,''
after the phrase ``fluorescent lamp ballasts,''.
0
b. Add paragraph (a)(5).
0
c. Revise paragraph (b)(1) to read as follows:
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 (as determined pursuant to 42 U.S.C.
6293(b)(18)); 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 Sec. 305.8(a) except serial numbers
shall be submitted to theCommission annually, on or before the
following dates:
------------------------------------------------------------------------
Deadline for data
Product category submission
------------------------------------------------------------------------
Refrigerators............................... Aug. 1
Refrigerators-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.................. Sept. 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]
0
6. In paragraph (a) of section 305.10, add the phrase ``metal halide
lamp fixtures,'' after the phrase ``fluorescent lamp ballasts,''.
0
7. In section 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
[[Page 39226]]
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.
0
8. In paragraph (a)(1) of section 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''.
* * * * *
0
9. In paragraph (a) of section 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 websites.
* * * * *
(e) Any manufacturer, distributor, retailer, or private labeler who
advertises metal halide lamp fixtures manufactured on or after January
1, 2009 in a catalog prepared after July 1, 2009, 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.
Richard C. Donohue,
Acting Secretary.
[FR Doc. E8-15243 Filed 7-8-08: 8:45 am]
BILLING CODE 6750-01-S
