### From: Amy Parish [mailto:ParishA@energy.wsu.edu]
Sent: Thursday, February 05, 2009 12:22 PM

To: Dickie, John Subject: EISA Section 324 Request

John -

The Information Center received the following i nquiry from a lighting manufacturer regarding EISA Section 324. Can you assist this client?

Sincerely,

Amy Foster Parish EERE Information Center Office of Energy Effi ciency and Renewable Energy U.S. Department of Energy

www.eere.energy.gov (877) 337-3463

----------------------------------------------------

Rich Flack, Product Development Engineer Kichler Lighting 7711 East Pleasant Valley Road Cleveland, OH 44131 rflack@kichler.com Phone: (216) 573-1005 Ext 6227

Client has questions about how to comply with EISA Section 324, which regulates the efficiency of metal halide luminaires manufactured in the US. Client's company manufactures lighting fixtures, and is seeking information on how to comply with EISA lighting efficiency and labeling requirements. Can client's company label lumi naires themselves, or must they have outside testing conducted to demonstrate efficiency co mpliance? Client has spoken with the FTC, but has been unable to find answers to his questions.

## 1 MEMORANDUM

To: Linda Graves

From: The Metal Halide Lamp Fixtures Rulemaking Team Date: February 18, 2009 Subject: Draft Response to Questions from Rich Flack, Kichler Lighting

Issue:

Rick Flack, submitted a question via the DOE EE RE Information Center the following question regarding EISA Section 324 (Metal Halide La mp Fixtures) on February 5, 2009:

Client has questions about how to comply with EISA Section 324, which regulates the efficiency of metal halide luminaires manufacture d in the US. Client's company manufactures lighting fixtures, and is seeking information on how to comply with EISA lighting efficiency and labeling requirements. Can client's company label luminaires themselves, or must they have outside testing conducted to demonstrate efficiency compliance? Client has spoken with the FTC, but has been unable to find answers to his questions.

Context:

Section 324(e) of EISA 2007 (EISA) amended sections 321 and 325 of EPCA to add definitions and set energy conservation standards for metal halide la mp fixtures that became effective on January 1,
2009. EISA also directed the Federal Trade Co mmission (FTC) to establish labeling requirements of ballasts incorporated into metal halide lamp fixtures and packaging of the fixture.

In the En Masse Technical Amendment Final Rule, DOE will insert the definitions for metal halide lamp fixtures into 10 CFR 431.322 and the energy conservation standards into 10 CFR 431.326. The FTC completed its labeling rulemaking in 2008.

The EISA language concerning energy conservation standards for metal halide fixtures can be found in Appendix A to this memo.

Requested DOE Actions:

1. Review and comment / approve the attached draft response to Rich Flack of Kichler Lighting.

## 2 Draft Email Response for DOE review:

Dear Mr. Flack,

Thank you for your email of February 5 th 

## , 2009 concerning the new regulatory standards for Metal Halide Lamp Fixtures that took effect on January 1, 2009. You may be aware that DOE is currently conducting a rulemaking addressi ng test procedure requirements fo r measuring the performance of ballasts incorporated into metal halide lamp fixt ures. Please visit our website to review material available on line about this rulemaking ( http://www1.eere.energy.gov/buildings/applian ce_standards/commercial/metal_halide_lamp_ball

asts.html ). I will also add you to our stakeholder databa se to make sure you are informed of future developments and opportunities to comment on DOE’s proceedings.

1. How do fixture manufacturers comply with E ISA’s efficiency and labeling requirements for metal halide lamp fixtures?

For ballast efficiency measurements, section 324(c) of EISA states that “Test procedures for metal halide lamp ballasts shall be based on ANSI Standa rd C82.6–2005, entitled ‘Ballasts for High Intensity Discharge Lamps—Method of Measurement’.” DOE is conducting an active rulemaking on this Test Procedure to determine its adequa cy and accuracy with respect to measurement of metal halide ballast efficiency. Until that rulemaki ng is complete, manufacturers should look to the statute for guidance on the test procedure, and in this instance, the statute is relatively clear.

For ballast efficiency values, section 324(e) of EISA provides the specific efficiency values for the various types of covered metal halide ballasts. E ISA also establishes certain exclusions from the regulation. Please refer to the statute for these levels and exclusions.

For ballast/package labeling, the FTC established requirements for this product in 2008. These requirements are contained in two Federal Register notices, 73 FR 39221 (July 9, 2008) and 73 FR 63066 (October 23, 2008). For your convenience, both of these notices are attached to this email

message.

2. Can a manufacturer label the fixture themselves or is third-party testing required?

As discussed above, DOE is currently developing the test procedure for metal halide lamp ballasts,
based on ANSI C82.6-2005. The current draf t may change based on stakeholder comments received in response to DOE’s notice of proposed ru lemaking (NOPR), so it is uncertain whether third-party testing will be required. DOE would welcome your comments on this subject, and will notify you as soon as the NOPR is published and the comment period is open.

Thank you again for your email. I hope my response helps to clarify the issues you raised. We look forward to your comments on the forthcoming NOPR.

Sincerely,
Linda Graves Lighting Standards Manager

## 3 Attachments.

## 4 Appendix A. EISA 2007 Language on Metal Halide Lamp Fixture Standards

SEC. 324. METAL HALIDE LAMP FIXTURES

( 

## a) DEFINITIONS.—Section 321 of the Energy Poli cy and Conservation Act (42 U.S.C. 6291) (as amended by section 322(a)(2)) is amended by adding at the end the following: ‘‘(58) BALLAST.—The term ‘ballast’ means a device used with an electric discharge lamp to obtain necessary circuit conditions (voltage, current, and waveform) for starting and operating. ‘‘(59) BALLAST EFFICIENCY.— ‘‘(A) IN GENERAL.—The term ‘ballast efficiency’ me ans, in the case of a high intensity discharge fixture, the efficiency of a lamp and ballast combinat ion, expressed as a percentage, and calculated in accordance with the following formula: Efficiency = Pout/Pin. ‘‘(B) EFFICIENCY FORMULA.—For the purpose of subparagraph (A)— ‘‘(i) Pout shall equal the measured operating lamp wattage; ‘‘(ii) Pin shall equal the measured operating input wattage; ‘‘(iii) the lamp, and the capacitor when the capacito r is provided, shall constitute a nominal system in accordance with the ANSI Standard C78.43–2004; ‘‘(iv) for ballasts with a frequency of 60 Hz, Pin and Pout shall be measured after lamps have been stabilized according to section 4.4 of ANSI Stan dard C82.6–2005 using a wattmeter with accuracy specified in section 4.5 of ANSI Standard C82.6–2005; and ‘‘(v) for ballasts with a frequency greater than 60 Hz, Pin and Pout shall have a basic accuracy of ±0.5 percent at the higher of— ‘‘(I) 3 times the output operating frequency of the ballast; or ‘‘(II) 2 kHz for ballast with a frequency greater than 60 Hz. ‘‘(C) MODIFICATION.—The Secretary may, by rule, mo dify the definition of ‘ballast efficiency’ if the Secretary determines that the modification is n ecessary or appropriate to carry out the purposes
of this Act. ‘‘(60) ELECTRONIC BALLAST.—The term ‘electronic ballast’means a device that uses semiconductors as the primary means to control lamp starting and operation. ‘‘(61) GENERAL LIGHTING APPLICATION.—The term ‘general lighting application’ means lighting that provides an interior or exterior area with overall illumination. ‘‘(62) METAL HALIDE BALLAST.—The term ‘metal ha lide ballast’ means a ballast used to start and operate metal halide lamps. ‘‘(63) METAL HALIDE LAMP.—The term ‘metal ha lide lamp’ means a high intensity discharge lamp in which the major portion of the light is pr oduced by radiation of metal halides and their products of dissociation, possibly in combination with metallic vapors. ‘‘(64) METAL HALIDE LAMP FIXTURE.—The term ‘metal halide lamp fixture’ means a light fixture for general lighting application designed to be operated with a metal halide lamp and a ballast for a metal halide lamp. ‘‘(65) PROBE-START METAL HALIDE BALLAST.—Th e term ‘probe-start metal halide ballast’
means a ballast that— ‘‘(A) starts a probe-start metal halide lamp that cont ains a third starting elec trode (probe) in the arc tube; and ‘‘(B) does not generally contain an igniter but in stead starts lamps with high ballast open circuit voltage. ‘‘(66) PULSE-START METAL HALIDE BALLAST.—

## 5 ‘‘(A) IN GENERAL.—The term ‘pulse-start metal halide ballast’ means an electronic or electromagnetic ballast that starts a pulse-star t metal halide lamp with high voltage pulses. ‘‘(B) STARTING PROCESS.—For the purpose of subparagraph (A)— ‘‘(i) lamps shall be started by first providing a high voltage pulse for ionization of the gas to produce a glow discharge; and ‘‘(ii) to complete the starting process, power shall be provided by the ballast to sustain the discharge through the glow-to-arc transition.’’. (b) COVERAGE.—Section 322(a) of the Energy Policy and Conservation Act (42 U.S.C. 6292(a)) is
amended— (1) by redesignating paragraph (19) as paragraph (20); and (2) by inserting after paragraph (18) the following: ‘‘(19) Metal halide lamp fixtures.’’. (c) TEST PROCEDURES.—Section 323(b) of the En ergy Policy and Conservation Act (42 U.S.C. 6293(b)) (as amended by section 301(b)) is amended by adding at the end the following: ‘‘(18) METAL HALIDE LAMP BALLASTS.—Test procedures for metal halide lamp ballasts shall be based on ANSI Standard C82.6–2005, entitled ‘Ballasts for High Intensity Discharge Lamps—
Method of Measurement’.’’. (d) LABELING.—Section 324(a)(2) of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)(2)) is amended— (1) by redesignating subparagraphs (C) through (G) as subparagraphs (D) through (H), respectively; and (2) by inserting after subparagraph (B) the following: ‘‘(C) METAL HALIDE LAMP FIXTURES.— ‘‘(i) IN GENERAL.—The Commission shall issue labe ling rules under this section applicable to the
covered product specified in section 322(a)(19) and to wh ich standards are applicable under section 325. ‘‘(ii) LABELING.—The rules shall provide that th e labeling of any metal halide lamp fixture
manufactured on or after the later of January 1, 2009, or the date that is 270 days after the date of enactment of

this subparagraph, shall indicate conspicuously, in a manner prescribed by the Commission under
subsection (b) by July 1, 2008, a capital letter ‘E’ printed within a circle on the packaging of the fixture, and
on the ballast contained in the fixture.’’. (e) STANDARDS.—Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) (as amended by section 310) is amended— (1) by redesignating subsecti on (hh) as subsection (ii); (2) by inserting after subsection (gg) the following: ‘‘(hh) METAL HALIDE LAMP FIXTURES.— ‘‘(1) STANDARDS.— ‘‘(A) IN GENERAL.—Subject to subparagraphs (B) an d (C), metal halide lamp fixtures designed to be operated with lamps rated greater than or equal to 150 watts but less than or equal to 500 watts

shall contain— ‘‘(i) a pulse-start metal halide ballast with a minimum ballast efficiency of 88 percent; ‘‘(ii) a magnetic probe-start ballast with a minimum ballast efficiency of 94 percent; or ‘‘(iii) a nonpulse-start electronic ballast with— ‘‘(I) a minimum ballast efficiency of 92 percent for wattages greater than 250 watts; and ‘‘(II) a minimum ballast efficiency of 90 percen t for wattages less than or equal to 250 watts.

## 6 ‘‘(B) EXCLUSIONS.—The standards established under subparagraph (A) shall not apply to— ‘‘(i) fixtures with regulated lag ballasts; ‘‘(ii) fixtures that use electronic balla sts that operate at 480 volts; or ‘‘(iii) fixtures that— ‘‘(I) are rated only for 150 watt lamps; ‘‘(II) are rated for use in wet locations, as specifi ed by the National Electrical Code 2002, section 410.4(A); and ‘‘(III) contain a ballast that is rated to operate at ambient air temperatures above 50°C, as specified by UL 1029–2001. ‘‘(C) APPLICATION.—The standards established under subparagraph (A) shall apply to metal halide lamp fixtures
manufactured on or after the later of— ‘‘(i) January 1, 2009; or ‘‘(ii) the date that is 270 days after th e date of enactment of this subsection. ‘‘(2) FINAL RULE BY JANUARY 1, 2012.— ‘‘(A) IN GENERAL.—Not later than January 1, 20 12, the Secretary shall publish a final rule to determine whether the standards established under paragraph (1) should be amended. ‘‘(B) ADMINISTRATION.—The final rule shall— ‘‘(i) contain any amended standard; and ‘‘(ii) apply to products manufactured on or after January 1, 2015. ‘‘(3) FINAL RULE BY JANUARY 1, 2019.— ‘‘(A) IN GENERAL.—Not later than January 1, 20 19, the Secretary shall publish a final rule to
determine
whether the standards then in effect should be amended. ‘‘(B) ADMINISTRATION.—The final rule shall— ‘‘(i) contain any amended standards; and ‘‘(ii) apply to products manufactured after January 1, 2022. ‘‘(4) DESIGN AND PERFORMANCE REQUIREM ENTS.—Not withstanding any other provision of law, any standard established pursua nt to this subsection may contain both design and performance requirements.’’; and (3) in paragraph (2) of subsection (ii) (as redesignated by paragraph (2)), by striking ‘‘(gg)’’ each place it appears and inserting ‘‘(hh)’’. (f) EFFECT ON OTHER LAW.—Section 327(c) of the Energy Policy and Conservation Act (42 U.S.C. 6297(c)) is amended— (1) in paragraph (8)(B), by striking the pe riod at the end and inserting ‘‘; and’’; and (2) by adding at the end the following: ‘‘(9) is a regulation concerning metal halide la mp fixtures adopted by the California Energy Commission on or before January 1, 2011, except that— ‘‘(A) if the Secretary fails to issue a final rule wi thin 180 days after the deadlines for rulemakings in

section 325(hh), notwithstanding any other provision of this section, preemption shall not apply to a regulation concerning metal halide lamp fixtures adopted by the California Energy Commission— ‘‘(i) on or before July 1, 2015, if the Secretary fails to meet the deadline specified in section 325(hh)(2); or ‘‘(ii) on or before July 1, 2022, if the Secretary fails to meet the deadline specified in section 325(hh)(3).’’.

### 63066 Federal Register / Vol. 73, No. 206 / Thursday, October 23, 2008 / Rules and Regulations

1 In addition to these conforming changes necessary to harmonize the amendments, this Notice contains three non-substantive changes. First, section 305.20 has been changed to clarify that the catalog disclosure requirements in section 305.20(a) do not apply to ceiling fans (instead, section 305.20(f) contains the catalog requirements for ceiling fans). Second, this Notice places the ceiling fan labeling requirements in a new section (305.13 Labeling for ceiling fans). Third, in the sample ceiling fan label in Appendix L, the airflow efficiency number has been corrected to match the airflow and electricity use numbers on that label. 2 44 USC 3501-3520. based upon the evaluation of the information submitted in support of the withdrawal and would take into account any comments received.

(Approved by the Office of Management and Budget under control number 0579–0291)

Done in Washington, DC, this 17th day of October 2008. Bruce Knight, Under Secretary for Marketing and Regulatory Programs. [FR Doc. E8–25291 Filed 10–22–08; 8:45 am]

**BILLING CODE 3410–34–P**

**FEDERAL TRADE COMMISSION**

**16 CFR Part 305**

**RIN 3084-AA74**

**Appliance Labeling Rule**

**AGENCY :**  Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’).

**ACTION :**  Final rule; correction.

**SUMMARY :**  The Commission is issuing this Notice to make technical corrections to the Appliance Labeling Rule. The corrections are necessary to ensure that amendatory language published on December 28, 2006 and scheduled to become effective on January 1, 2009 is consistent with other Rule amendments that have been codified since 2006 and are already effective.

**DATES :**  The corrections published in this document 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, Attorney, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580.

**SUPPLEMENTARY INFORMATION :**  I. Background

Over the last two years, the Commission has issued amendments to its Appliance Labeling Rule (16 CFR Part 305) in three separate proceedings related to: (1) ceiling fan labels (71 FR 78064 (Dec. 28, 2006)), (2) appliance label designs (72 FR 49948 (Aug. 29, 2007)), and (3) metal halide lamp fixtures (73 FR 39221 (July 9, 2008)). The effective dates of these three sets of amendments differ. The label design amendments became effective on February 29, 2008 while the ceiling fan and metal halide amendments will both become effective on January 1, 2009. Because the publication of the ceiling fan amendments preceded the label design amendments, the amendatory instructions in the ceiling fan Federal Register Notice are not consistent with the existing Rule provisions. For example, the label design amendments created new section numbers and whole provisions that were not extant at the time the ceiling fan amendments were published. Therefore, the citations for the ceiling fan amendments are no longer accurate. To harmonize the various amendments, the Commission is consolidating the ceiling fan and metal halide amendments in a format consistent with the Rule’s current provisions. The corrections included in this Notice contain no substantive changes to these previously announced Rule amendments. 1

II. Administrative Procedure Act

The amendments published in this notice involve technical and minor, or conforming changes to the labeling requirements in the Rule. These technical amendments merely ensure that previously announced amendatory instructions are consistent with current Rule provisions. They contain no substantive changes to amendments previously announced by the Commission. Accordingly, the Commission finds for good cause that public comment for these technical, procedural amendments is impractical and unnecessary (5 U.S.C. 553(b)(A)(B) and (d)).
III. Regulatory Flexibility Act

The provisions of the Regulatory Flexibility Act relating to a Regulatory Flexibility Act analysis (5 U.S.C. 603- 604) are not applicable to this proceeding because the amendments do not impose any new obligations on entities regulated by the Appliance Labeling Rule. These technical amendments merely change the format and citations for previously announced amendments. Thus, the amendments will not have a ‘‘significant economic impact on a substantial number of small entities.’’ 5 U.S.C. 605. The Commission has concluded, therefore, that a regulatory flexibility analysis is not necessary, and certifies, under Section 605 of the Regulatory Flexibility Act (5 U.S.C. 605(b)), that the amendments announced today will not have a significant economic impact on a substantial number of small entities.
IV. Paperwork Reduction Act

In a June 13, 1988 notice (53 FR 22106), the Commission stated that the Rule contains disclosure and reporting requirements that constitute ‘‘information collection requirements’’ as defined by 5 CFR 1320.7, the regulation that implements the Paperwork Reduction Act. 2 The Commission noted that the Rule had been reviewed and approved in 1984 by the Office of Management and Budget (‘‘OMB’’) and assigned OMB Control No. 3084-0068. OMB has reviewed the Rule and extended its approval for its recordkeeping and reporting requirements until May 31, 2011. The amendments now being adopted do not change the substance or frequency of the recordkeeping, disclosure, or reporting requirements and, therefore, do not require further OMB clearance.
List of Subjects in 16 CFR Part 305

Advertising, Energy conservation, Household appliances, Labeling, Reporting and recordkeeping requirements.

■ For the reasons stated in the preamble, the Federal Trade Commission amends 16 CFR Part 305 as amended at 71 FR 78064, December 28, 2006 and 73 FR 39221, July 9, 2008, as follows:

**PART 305—[AMENDED]**

■ 1. The authority citation for Part 305 continues to read as follows:

Authority: 42 U.S.C. 6294.

■ 2. Section 305.2 is amended as follows:

■ a. Revise paragraphs (l)(21) and (l)(22) and add paragraph (l)(23); and

■ b. Revise paragraph (p).

■ The addition and revisions read as follows:

**§ 305.2 Definitions.**

* * * * *

(l) * * * (21) Metal halide lamp fixtures. (22) Ceiling fans. (23) Any other type of consumer product that the Department of Energy


### 63067 Federal Register / Vol. 73, No. 206 / Thursday, October 23, 2008 / Rules and Regulations

classifies as a covered product under section 322(b) of the Act (42 U.S.C. 6292).

* * * * *

(p) Energy efficiency rating means the following product-specific energy usage descriptors: annual fuel utilization efficiency (AFUE) for furnaces; energy efficiency ratio (EER) for room air conditioners; seasonal energy efficiency ratio (SEER) for the cooling function of central air conditioners and heat pumps; heating seasonal performance factor (HSPF) for the heating function of heat

pumps; airflow efficiency for ceiling fans; and, thermal efficiency (TE) for pool heaters, as these descriptors are determined in accordance with tests prescribed under section 323 of the Act (42 U.S.C. 6293). These product-specific energy usage descriptors shall be used in satisfying all the requirements of this part.

* * * * *

■ 3. In section 305.3, revise paragraphs (s) and (t) to read as follows:

**§ 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.

(t) Ceiling fan means a nonportable device that is suspended from a ceiling for circulating air via the rotation of fan blades. The requirements of this part are limited to those ceiling fans for which the Department of Energy has adopted and published test procedures for measuring energy usage.

* * * * *

■ 4. Revise § 305.5(a)(11) to read as follows:

**§ 305.5 Determinations of estimated annual energy consumption, estimated**  **annual operating cost, and energy efficiency rating, and of water use rate.** 

(a) * * * (11) Ceiling Fans—§ 430.23.

* * * * *

■ 5. Revise § 305.7(l) to read as follows: **§ 305.7 Determinations of capacity.**

* * * * *

(l) Ceiling fans. The capacity shall be the airflow in cubic feet per minute as determined according to appendix U of 10 CFR part 430, subpart B.

■ 6. In § 305.8, revise paragraph (a)(1), (a)(5), and (b)(1) to read as follows:

**§ 305.8 Submission of data.**

(a)(1) Each manufacturer of a covered product (except manufacturers of fluorescent lamp ballasts, metal halide lamp fixtures, showerheads, faucets, water closets, urinals, general service fluorescent lamps, medium base compact fluorescent lamps, or general service incandescent lamps including incandescent reflector lamps) shall submit annually to the Commission a report listing the estimated annual energy consumption (for refrigerators, refrigerator-freezers, freezers, clothes washers, dishwashers, and water heaters) or the energy efficiency rating (for room air conditioners, central air conditioners, heat pumps, furnaces, ceiling fans, and pool heaters) for each basic model in current production, determined according to § 305.5 and statistically verified according to § 305.6. The report must also list, for each basic model in current production: the brand name; the model numbers for each basic model; the total energy consumption, determined in accordance with § 305.5, used to calculate the estimated annual energy consumption or energy efficiency rating; the number of tests performed; and, its capacity, determined in accordance with § 305.7. For those models that use more than one energy source or more than one cycle, each separate amount of energy consumption, measured in accordance with § 305.5, shall be listed in the report. Starting serial numbers or other numbers identifying the date of manufacture of covered products shall be submitted whenever a new basic model is introduced on the market. For ceiling fans, the report shall contain the fan diameter in inches and also shall contain efficiency ratings, energy consumption, and capacity at high speed.

* * * * *

(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 the Commission annually, on or before the following dates:

**Product category Deadline for** **data sub mission** 

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 Ceiling fans .............................. 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]

* * * * *

■ 7. Revise paragraph (a) in § 305.10 to read as follows:

**§ 305.10 Ranges of comparability on the required labels.** 

(a) Range of Estimated Annual Operating Costs or Energy Efficiency Ratings. The range of estimated annual operating costs or energy efficiency ratings for each covered product (except fluorescent lamp ballasts, metal halide lamp fixtures, lamps, showerheads, faucets, water closets, urinals, or ceiling fans) shall be taken from the appropriate appendix to this part in effect at the time the labels are affixed to the product. The Commission shall publish revised ranges every five years beginning in 2012 in the Federal Register . When the ranges are revised, all information disseminated after 90 days following the publication of the


### 63068 Federal Register / Vol. 73, No. 206 / Thursday, October 23, 2008 / Rules and Regulations

revision shall conform to the revised ranges. Products that have been labeled prior to the effective date of a modification under this section need not be relabeled.

* * * * *

■ 8. Add § 305.13 to read as follows:

**§ 305.13 Labeling for ceiling fans.**

(a) Ceiling Fans. (1) Content . Any covered product that is a ceiling fan shall be labeled clearly and conspicuously on the principal display panel with the following information in order from top to bottom on the label:

(i) The words ‘‘ENERGY INFORMATION’’ shall appear at the top of the label with the words ‘‘at High Speed’’ directly underneath;

(ii) The product’s airflow at high speed expressed in cubic feet per minute and determined pursuant to § 305.5 of this part;

(iii) The product’s electricity usage at high speed expressed in watts and determined pursuant to § 305.5 of this part, including the phrase ‘‘excludes lights’’ as indicated in Ceiling Fan Label Illustration of Appendix L of this part;

(iv) The product’s airflow efficiency rating at high speed expressed in cubic feet per minute per watt and determined pursuant to § 305.5 of this part;

(v) The following statement shall appear on the label for fans fewer than 49 inches in diameter: ‘‘Compare: 36 ′′ to

48 ′′ ceiling fans have airflow efficiencies ranging from approximately 71 to 86 cubic feet per minute per watt at high speed.’’;

(vi) The following statement shall appear on the label for fans 49 inches or more in diameter: ‘‘Compare: 49 ′′ to 60 ′′ ceiling fans have airflow efficiencies ranging from approximately 51 to 176 cubic feet per minute per watt at high speed.’’; and

(vii) The following statements shall appear at the bottom of the label as indicated in Ceiling Fan Label Illustration of Appendix L of this part: ‘‘Money-Saving Tip: Turn off fan when leaving room.’’

(2) Label Size and Text Font . The label shall be four inches wide and three inches high. The text font shall be Arial or another equivalent font. The text on the label shall be black with a white background. The label’s text size and content, and the order of the required disclosures shall be consistent with Ceiling Fan Label Illustration of Appendix L of this part.

(3) Placement . The ceiling fan label shall be printed on the principal display panel of the product’s packaging.

(4) Additional Information : No marks or information other than that specified in this part shall appear on this label, except a model name, number, or similar identifying information.

(b) [Reserved]

■ 9. In § 305.15, revise paragraph (c) to read as follows:

**§ 305.15 Labeling for lighting products.**

* * * * *

(c) Metal halide lamp fixtures and metal halide ballasts —(1) Contents. Metal halide ballasts contained in a metal halide lamp fixture covered by this Part shall be marked conspicuously, in color-contrasting ink, with a capital letter ‘‘E’’ printed within a circle. Packaging for metal halide lamp fixtures covered by this Part shall also be marked conspicuously with a capital letter ‘‘E’’ printed within a circle. For purposes of this section, the encircled capital letter ‘‘E’’ will be deemed ‘‘conspicuous,’’ in terms of size, if it is as large as either the manufacturer’s name or another logo, such as the ‘‘UL,’’ ‘‘CBM’’ or ‘‘ETL’’ logos, whichever is larger, that appears on the metal halide ballast, or the packaging for the metal halide lamp fixture, whichever is applicable for purposes of labeling.

(2) Product Labeling. The encircled capital letter ‘‘E’’ on metal halide ballasts must appear conspicuously, in color-contrasting ink ( i.e. , in a color that contrasts with the background on which the encircled capital letter ‘‘E’’ is placed) on the surface that is normally labeled. It may be printed on the label that normally appears on the metal halide ballast, printed on a separate 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 consistsof 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 fixturesmust 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.

■ 10. Section 305.20 is amended as follows:

■ a. In paragraph (a) of § 305.20, add the phrase ‘‘ceiling fan,’’ after the word ‘‘except.’’

■ b. Revise paragraph (e) and add a new paragraph (f) to read as follows:

**§ 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.

(f) Any manufacturer, distributor, retailer, or private labeler who advertises a covered product that is a ceiling fan in a catalog, from which it may be purchased, shall disclose clearly and conspicuously in such catalog, on each page that lists the covered product, all the information concerning the product required by § 305.13(a)(1).

By direction of the Commission.

Donald S. Clark, Secretary.
[FR Doc. E8–25225 Filed 10–22–08: 8:45 am]

**[BILLING CODE: 6750–01–S]**

**DEPARTMENT OF LABOR**

**Employment and Training Administration** 

**20 CFR Part 616**

**RIN 1205–AB51**

**Federal-State Unemployment Compensation (UC) Program;**  **Interstate Arrangement for Combining Employment and Wages; Final Rule** 

**AGENCY :**  Employment and Training Administration, Labor.

**ACTION :**  Final rule.

**SUMMARY :**  The U.S. Department of Labor (Department) is issuing this final rule to amend its regulations governing combined-wage claims filed under the Federal-State Unemployment Compensation (UC) program. Most significantly, this final rule amends the definition of ‘‘paying State.’’


### 39221 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.

* * * * *

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]

**BILLING CODE 4910–13–M**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2008–0339; Airspace Docket No. 08–ASW–5]** 

**Amendment of Class D and Class E Airspace; Altus AFB, OK** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Direct final rule; withdrawal.

**SUMMARY :**  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.

**DATES :**  Effective Date: 0901 UTC July 9,

2008.

**FOR FURTHER INFORMATION CONTACT :**  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.

**SUPPLEMENTARY INFORMATION :**  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. List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (Air).

Withdrawal of the Rule

■ 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.

Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389.

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]

**BILLING CODE 4910–13–M**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2008–0160; Airspace Docket No. 08–AEA–13]** 

**Establishment of Class E Airspace; Milford, PA** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule, confirmation of effective date.

**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 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.

* * * * *

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**

**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 http://www.ftc.gov.

**FOR FURTHER INFORMATION CONTACT :**  Hampton Newsome, (202) 326–2889,


### 39222 Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Rules and Regulations

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’’).

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. 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. 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 colorrendition compared to other highintensity 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.

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.

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 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


### 39223 Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Rules and Regulations

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. 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. 14 EISA Section 321(b) (42 U.S.C. 6294(a)(2)(C)). 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 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 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


### 39224 Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Rules and Regulations

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. 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 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 therequired 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 productdescriptions 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


### 39225 Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Rules and Regulations

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.

■ 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’’)** 

■ 1. The authority citation for Part 305 continues to read as follows:

Authority: 42 U.S.C. 6294.

**§ 305.2 [Amended]**

■ 2. In paragraph (k)(2) of section 305.2, add the phrase ‘‘metal halide lamp fixtures,’’ after the phrase ‘‘fluorescent lamp ballasts,’’.

■ 3. In § 305.2, revise paragraph (l)(21), and add paragraph (l)(22) to read as follows:

**§ 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).

* * * * *

■ 4. In section 305.3, add paragraph (s) to read as follows:

**§ 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.

* * * * *

■ 5. Section 305.8 is amended as follows:

■ a. In paragraph (a)(1), add the phrase ‘‘metal halide lamp fixtures,’’ after the phrase ‘‘fluorescent lamp ballasts,’’.

■ b. Add paragraph (a)(5).

■ c. Revise paragraph (b)(1) to read as follows:

**§ 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 § 305.8(a) except serial numbers shall be submitted to theCommission annually, on or before the following dates:

**Product category Deadline for** **data sub mission** 

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 **Product category Deadline for** **data sub mission** 

Fluorescent lamps ................... Mar. 1 .................................................. [Stayed]Medium Base Compact Fluorescent Lamps. Mar. 1

.................................................. [Stayed]Incandescent Lamps, incl. Reflector Lamps. Mar. 1

.................................................. [Stayed]

* * * * *

**§ 305.10 [Amended]**

■ 6. In paragraph (a) of section 305.10, add the phrase ‘‘metal halide lamp fixtures,’’ after the phrase ‘‘fluorescent lamp ballasts,’’.

■ 7. In section 305.15, add paragraph (c) to read as follows:

**§ 305.15 Labeling for lighting products.**

* * * * *

(c) Metal halide lamp fixtures and metal halide ballasts —(1) Contents. Metal halide ballasts contained in a metal halide lamp fixture covered by this Part shall be marked conspicuously, in color-contrasting ink, with a capital letter ‘‘E’’ printed within a circle. Packaging for metal halide lamp fixtures covered by this Part shall also be marked conspicuously with a capital letter ‘‘E’’ printed within a circle. For purposes of this section, the encircled capital letter ‘‘E’’ will be deemed ‘‘conspicuous,’’ in terms of size, if it is as large as either the manufacturer’s name or another logo, such as the ‘‘UL,’’ ‘‘CBM’’ or ‘‘ETL’’ logos, whichever is larger, that appears on the metal halide ballast, or the packaging for the metal halide lamp fixture, whichever is applicable for purposes of labeling.

(2) Product Labeling. The encircled capital letter ‘‘E’’ on metal halide ballasts must appear conspicuously, in color-contrasting ink ( i.e. , in a color that contrasts with the background on which the encircled capital letter ‘‘E’’ is placed) on the surface that is normally labeled. It may be printed on the label that normally appears on the metal halide ballast, printed on a separate 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 consistsof 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


### 39226 Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Rules and Regulations

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).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:

**§ 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:

**§ 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**

**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** 

**AGENCY :**  Commodity Futures Trading
Commission.

**ACTION :**  Order.

**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 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.