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 inquiry from a lighting manufacturer regarding EISA 

Section 324. Can you assist this client?

Sincerely, 

Amy Foster Parish EERE Information Center Office of Energy Efficiency 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 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. 

EERE-2008-BT-TP-0017 COMMENT 15
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 EERE Information Center the following question 

regarding EISA Section 324 (Metal Halide Lamp Fixtures) on February 5, 2009: 

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 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 lamp fixtures that became effective on January 1, 

2009. EISA also directed the Federal Trade Commission (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. 

EERE-2008-BT-TP-0017 COMMENT 15
2

Draft Email Response for DOE review:

Dear Mr. Flack, 

Thank you for your email of February 5th, 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 addressing test procedure requirements for measuring the performance of 

ballasts incorporated into metal halide lamp fixtures. Please visit our website to review material 

available on line about this rulemaking 

(http://www1.eere.energy.gov/buildings/appliance_standards/commercial/metal_halide_lamp_ball

asts.html). I will also add you to our stakeholder database to make sure you are informed of future 

developments and opportunities to comment on DOE’s proceedings. 

1. How do fixture manufacturers comply with EISA’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 Standard 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 adequacy and accuracy with respect to measurement of 

metal halide ballast efficiency. Until that rulemaking 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. EISA 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 draft may change based on stakeholder comments 

received in response to DOE’s notice of proposed rulemaking (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 

EERE-2008-BT-TP-0017 COMMENT 15
3

Attachments. 

EERE-2008-BT-TP-0017 COMMENT 15
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 Policy 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’ means, in the case of a high intensity discharge 

fixture, the efficiency of a lamp and ballast combination, 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 capacitor 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 Standard 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, modify the definition of ‘ballast efficiency’ if 

the Secretary determines that the modification is necessary 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 halide ballast’ means a ballast used to start 

and operate metal halide lamps. 

‘‘(63) METAL HALIDE LAMP.—The term ‘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. 

‘‘(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.—The term ‘probe-start metal halide ballast’ 

means a ballast that— 

‘‘(A) starts a probe-start metal halide lamp that contains a third starting electrode (probe) in the arc 

tube; and 

‘‘(B) does not generally contain an igniter but instead starts lamps with high ballast open circuit 

voltage. 

‘‘(66) PULSE-START METAL HALIDE BALLAST.— 

EERE-2008-BT-TP-0017 COMMENT 15
5

‘‘(A) IN GENERAL.—The term ‘pulse-start metal halide ballast’ means an electronic or 

electromagnetic ballast that starts a pulse-start 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 Energy 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 labeling rules under this section applicable to the 

covered 

product specified in section 322(a)(19) and to which standards are applicable under section 325. 

‘‘(ii) LABELING.—The rules shall provide that the 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 subsection (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) and (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 percent for wattages less than or equal to 250 watts. 

EERE-2008-BT-TP-0017 COMMENT 15
6

‘‘(B) EXCLUSIONS.—The standards established under subparagraph (A) shall not apply to— 

 ‘‘(i) fixtures with regulated lag ballasts; 

‘‘(ii) fixtures that use electronic ballasts 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 specified 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 the date of enactment of this subsection. 

‘‘(2) FINAL RULE BY JANUARY 1, 2012.— 

‘‘(A) IN GENERAL.—Not later than January 1, 2012, 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, 2019, 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 REQUIREMENTS.—Not withstanding any other 

provision of law, any standard established pursuant 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 period at the end and inserting ‘‘; and’’; and 

(2) by adding at the end the following: 

‘‘(9) is a regulation concerning metal halide lamp 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 within 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).’’. 

EERE-2008-BT-TP-0017 COMMENT 15
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 


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EERE-2008-BT-TP-0017 COMMENT 15
Federal Register / Vol. 73, No. 206 / Thursday, October 23, 2008 / Rules and Regulations 63067 

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 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 

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 


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EERE-2008-BT-TP-0017 COMMENT 15
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 consists 

of the plastic sheeting, or ‘‘shrinkwrap,’’ covering pallet loads of metal 

halide lamp fixtures as well as any 

containers in which such metal halide 

lamp fixtures are marketed individually 

or in small numbers. The encircled 

capital letter ‘‘E’’ on packages 

containing metal halide lamp fixtures 

must appear conspicuously, in colorcontrasting ink, on the surface of the 

package on which printing or a label 

normally appears. If the package 

contains printing on more than one 

surface, the label must appear on the 

surface on which the product inside the 

package is described. The encircled 

capital letter ‘‘E’’ may be printed on the 

surface of the package, printed on a 

label containing other information, 

printed on a separate label, or indelibly 

stamped on the surface of the package. 

In the case of pallet loads containing 

metal halide lamp fixtures, the encircled 

capital letter ‘‘E’’ must appear 

conspicuously, in color-contrasting ink, 

on the plastic sheeting, unless clear 

plastic sheeting is used and the 

encircled capital letter ‘‘E’’ is legible 

underneath this packaging. 

■ 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.’’ 


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EERE-2008-BT-TP-0017 COMMENT 15
Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Rules and Regulations 39221 

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, 


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EERE-2008-BT-TP-0017 COMMENT 15
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 color 

rendition 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 standards5 and the FTC 

labeling requirements only apply to 

products that meet the DOE standards, 

the circle ‘‘E’’ will aid consumers in 

identifying products that satisfy the 

DOE standard. 

B. FTC’s Final Requirements: In its 

NPRM, the Commission proposed 

amendments to the Appliance Labeling 

Rule to implement EISA’s directive. The 

final amendments follow the proposed 

rule provision (with some minor 

exceptions explained in Section II of 

this Notice). There are four basic 

elements to the final amendments. 

First, the amendments insert metal 

halide lamp fixtures into the list of 

covered products at Section 305.2 and 

include metal halide lamp fixtures in 

the descriptions of covered products at 

Section 305.3.6

Second, the amendments (§ 305.15(c)) 

require that the circle ‘‘E’’ be clearly and 

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 


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EERE-2008-BT-TP-0017 COMMENT 15
Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Rules and Regulations 39223 

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 


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EERE-2008-BT-TP-0017 COMMENT 15
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 the 

required disclosure in paper and webbased catalogs. Specifically, the 

amendments require that labels for 

metal halide lamp fixtures and ballasts, 

and point-of-sale promotional material 

for fixtures, disclose a circle ‘‘E.’’ As 

manufacturers already include 

information on packages and ballasts in 

the ordinary course of business, the 

Rule will require manufacturers to 

reformat their labels only one time to 

include the circle ‘‘E’’ symbol. The 

requirement that catalog sellers include 

the circle ‘‘E’’ in their product 

descriptions will involve the same, onetime change to all of the metal halide 

lamp fixture descriptions in the seller’s 

catalog. Similarly, the Rule contains 

standard reporting requirements for 

manufacturers to submit data that, in all 

likelihood, they already generate and 

disseminate during the normal course of 

business in catalogs and other 

disclosures. 

The Commission does not expect that 

there will be any significant legal, 

professional, or training costs or skills 

needed to comply with the Rule. The 

Commission does not expect that the 

labeling requirements will impose 

significant incremental costs for 

websites or other advertising. Thus, the 

Commission anticipates that, in total, 

the burdens imposed by the amendment 

should not be significant for any 

particular entity. 

E. Alternatives considered 

The amendments closely track the 

prescriptive requirements of the statute, 

and thus leave little room for significant 

alternatives to decrease the burden on 

regulated entities. Although the 

Commission has no discretion on the 

timing of the labeling requirements for 

the products and product packages, the 

statutory deadline does not apply to 

catalog disclosures or reporting 

requirements. Accordingly, in response 


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EERE-2008-BT-TP-0017 COMMENT 15
Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Rules and Regulations 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. 

■ 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 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 

Product category 

Deadline for 

data submission 

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 consists 

of the plastic sheeting, or ‘‘shrinkwrap,’’ covering pallet loads of metal 

halide lamp fixtures as well as any 

containers in which such metal halide 

lamp fixtures are marketed individually 

or in small numbers. The encircled 

capital letter ‘‘E’’ on packages 

containing metal halide lamp fixtures 


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EERE-2008-BT-TP-0017 COMMENT 15
39226 Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Rules and Regulations 

1Commission 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. 


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