[Federal Register: July 9, 2008 (Volume 73, Number 132)]
[Rules and Regulations]
[Page 39221-39226]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy08-7]
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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'')
AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').
ACTION: Final Rule.
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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 http://
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.
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\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 http://www.eere.energy.gov/consumer/ (``A Consumer's
Guide to Energy Efficiency and Renewable Energy'').
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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.
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\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).
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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\
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\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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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\
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\7\ These requirements track existing requirements for
fluorescent lamp ballasts and luminaires (see 16 CFR 305.15(a)&(b)).
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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\
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\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)).
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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\
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\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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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\
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\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.
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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.
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\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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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\
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\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.
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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)).
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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.
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\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 (http://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