15200 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules

1Final rule and Statement of Basis and Purpose

(‘‘SBP’’), 59 FR 25176. On December 29, 1994, the

Commission published minor, technical

amendments to resolve certain inconsistencies in

paragraph numbering and language that had arisen

during the course of four recent proceedings

amending the Rule. 59 FR 67524.

2Pub. L. 102–486, 106 Stat. 2776, 2817–2832

(Oct. 24, 1992) (codified at 42 U.S.C. 6201, 6291–

6309).

3NEMA is a trade association representing the

nation’s largest manufacturers of lamp products. Its

members produce more than 90 percent of the lamp

products subject to the lamp labeling requirements

of the Appliance Labeling Rule. Petition at 2.

4 59 FR 25176. In the current Notice, citations to

evidence are based on the citation system used in

the SBP for these lamp labeling requirements.

FEDERAL TRADE COMMISSION

16 CFR 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’’)

AGENCY: Federal Trade Commission.

ACTION: Proposed rule and request for

comments.

SUMMARY: The Federal Trade

Commission (‘‘Commission’’) proposes

amendments to the Appliance Labeling

Rule (‘‘Rule’’), in response to a petition

and a separate written request, to allow

manufacturers of general service

incandescent lamps (including

incandescent reflector lamps) with a

design voltage other than 120 volts an

option as to where on the package

specific disclosures must be made; to

clarify the light output measure that

manufacturers of incandescent reflector

lamps must disclose on lamp labels; to

delete the requirement that the lumen

disclosure for incandescent reflector

lamps be followed by the term ‘‘at beam

spread;’’ and, to allow manufacturers of

incandescent reflector lamps the option

of adding a reference to ‘‘beam spread’’

to the Advisory Statement about saving

energy costs. The Commission is

soliciting written data, views and

arguments concerning these

amendments.

DATES: Written comments must be

submitted on or before April 21, 1995.

ADDRESSES: Written comments should

be submitted to Office of the Secretary,

Federal Trade Commission, Room 159,

Sixth and Pennsylvania Avenue NW.,

Washington, DC 20580, telephone

number 202/326–2506. Comments

should be identified as ‘‘16 CFR Part

305—Comment—Lamp Products.’’

Written comments should be provided,

when feasible and not burdensome, in

five copies.

FOR FURTHER INFORMATION CONTACT: Kent

C. Howerton, Attorney, Division of

Enforcement, Bureau of Consumer

Protection, Room S–4631, Federal Trade

Commission, Washington, D.C. 20580,

telephone 202/326–3013.

SUPPLEMENTARY INFORMATION:

I. Introduction

On May 13, 1994, the Commission

published amendments to bring certain

lamp products under the Rule’s

coverage,1 which will become effective

on May 15, 1995. The Commission

initiated the proceeding to bring certain

lamp products under the Rule’s

coverage in response to a directive in

the Energy Policy Act of 1992 (‘‘EPA

92’’).2

In a petition dated January 31, 1995

(‘‘Petition’’), the Lamp Section of The

National Electrical Manufacturers

Association (‘‘NEMA’’) 3 requested that

the Commission:

(1) allow manufacturers of specific types of

lamp products an option as to where on the

package specific disclosures must be made;

and

(2) stay, through November 30, 1995,

‘‘compliance against manufacturers who, in

good faith and despite the exercise of due

diligence, are unable to change all of their

lamp packages prior to the May 15, 1995

effective date of the Lamp Labeling Rule.’’

NEMA requested expedited treatment

of its request to enable manufacturers to

complete the design of affected lamp

packages and to order necessary

printing plates and packaging inventory,

costing millions of dollars, as soon as

possible.

In a separate letter to the

Commission’s staff dated January 30,

1995, NEMA also requested a written

staff opinion concerning several issues

on which staff already has informally

advised NEMA and various lamp

manufacturers. One item raised in this

letter, concerning disclosure

requirements for incandescent reflector

lamps (spotlights and floodlights), raises

issues that the Commission determined

could not be resolved, as NEMA

requested, simply by a staff opinion

letter. The Commission, therefore, has

included consideration of these issues

in this Notice.

For the reasons discussed below, the

Commission proposes adopting

amendments to the lamp labeling

requirements of the Appliance Labeling

Rule that would give manufacturers of

general service incandescent lamps

(including incandescent reflector lamps)

greater flexibility in making disclosures

for lamps that have a design voltage of

other than 120 volts. The amended Rule

would continue to require that specific

information about each covered lamp’s

operation at 120 volts be disclosed on

product labels, as required by EPA 92,

but the disclosures would not have to be

included on the principal panel of the

packaging. In addition, the Commission

proposes adopting amendments to the

Rule to clarify the light output measure

in lumens that manufacturers of

incandescent reflector lamps must

disclose on lamp labels, to delete the

requirement that the lumen disclosure

for incandescent reflector lamps be

followed by the term ‘‘at beam spread,’’

and to allow manufacturers of

incandescent reflector lamps the option

of adding a reference to ‘‘beam spread’’

to the Advisory Statement about how to

save energy costs that must appear on

the principal display panel of each lamp

package. The latter amendments

primarily would correct an inadvertent

technical error and effectuate the

original intent of the Rule’s

requirements. The Commission is

seeking written public comments on

these proposed amendments, and it will

announce its final decision regarding

the proposed amendments after

reviewing the comments it receives.

In light of these proposed

amendments, the difficulties

manufacturers of incandescent lamps

have encountered in complying with

both the requirements of the Appliance

Labeling Rule and the Commission’s

preexisting Light Bulb Rule, 16 CFR Part

409, and the need to minimize

relabeling costs, the Commission has

determined to issue an Enforcement

Policy Statement. In a document

published elsewhere in this issue of the

Federal Register, the Enforcement

Policy Statement explains that the

Commission has determined to not take

law enforcement action until December

1, 1995 against manufacturers of general

service incandescent lamp products

(including incandescent reflector lamps)

for labeling not in compliance with the

disclosure requirements of the

Appliance Labeling Rule. This

determination does not affect any other

compliance obligations imposed by the

lamp labeling requirements of the Rule

that will become effective on May 15,

1995.

II. Background

On May 13, 1994, the Commission

published final labeling rules for

various types of lamp products (‘‘light

bulbs’’), including general service

fluorescent lamps, general service

incandescent lamps (including reflector

incandescent lamps), and medium base

compact fluorescent lamps,4 as
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules 15201

Documents are numbered sequentially, such as

Document No. G–1, Document No. G–2. Comments

are cited by an identification of the commentor, the

comment number and the relevant page number(s),

e.g., ‘‘Angelo, G–1, 1–3.’’ Supplemental comments

are designated in addition as: ‘‘(Supp.).’’ Discussion

by more than one party in the transcript of the

Public Workshop Conference is cited by a reference

to the transcript and the relevant page number(s),

e.g., ‘‘Tr., 15–20.’’ Discussion by one party in the

transcript is cited by an identification of the party,

a reference to the transcript and the relevant page

number(s), e.g., ‘‘Osram (Tr.), 80–81.’’

5EPA 92 amended the Energy Policy and

Conservation Act of 1975 (‘‘EPCA’’). 42 U.S.C. 6291

et seq.

6The statute required the Commission’s rules to

become effective 12 months after their publication

in the Federal Register. Because May 13, 1995, falls

on a Saturday, the effective date is Monday, May

15. 42 U.S.C. 6294(a)(2)(C)(i).

7 16 CFR Part 409. The Light Bulb Rule, issued

in 1970, was intended to prevent deceptive or

unfair practices in the sale of incandescent light

bulbs. Other types of lamps covered by the

Appliance Labeling Rule amendments (including

incandescent reflector lamps) are not covered by the

Light Bulb Rule.

8 Id. at 409.1 n. 1.

9 Id. at 409.1 n. 4.

10 59 FR at 25177.

11 59 FR at 25176.

12 60 FR 6463 (Feb. 2, 1995).

13Petition at 2. The voltage provided by electric

utilities in the United States for lighting purposes

is primarily 120 volts, but may range from

approximately 115 to 125 volts. Voltage is not a

characteristic of a lamp product, but the operation

of a lamp is affected by the voltage at which it

operates. For a given lamp, the higher the voltage,

the higher the light output in lumens, the higher the

wattage, and the shorter the life.

14 Id. NEMA states that the prevailing voltage for

these areas is 125 volts, though actual line voltage

within these areas varies. Id. at 2 note 3.

15 Id.

mandated by EPA 92.5 The Commission

issued the lamp labeling rules as

amendments to the Appliance Labeling

Rule, 16 CFR Part 305. These lamp

labeling amendments will become

effective on May 15, 1995.6

In the Statement of Basis and Purpose

for the lamp labeling amendments, the

Commission determined to require

disclosures on labels of specific

information relating to the performance

of these lamp products. In brief, the

amendments require disclosures on the

primary display panel of package labels

of light output (in lumens), energy use

(in watts), and life (in hours), plus an

Advisory Statement that explains how

purchasers can save on energy costs. For

incandescent reflector lamps (used to

focus or spread light on a particular

object or objects), the amendments

additionally require that the disclosure

of light output (in lumens) be for the

lamp’s ‘‘beam spread,’’ and that the

disclosure of lumens be followed clearly

and conspicuously by the phrase ‘‘at

beam spread.’’

Based on the statutory directive that

the Commission promulgate these

labeling rules and that labeling

information be based on performance at

120 volts, the lamp labeling

amendments to the Rule require that the

disclosures for general service

incandescent lamps (including

incandescent reflector lamps) appear on

the primary display panel based on

operation at 120 volts, regardless of the

lamp’s design voltage. The amendments,

however, allow manufacturers the

option of adding disclosures based on

operation at a different design voltage,

either on the primary display panel or

on a separate panel on the package.

The lamp labeling amendments to the

Appliance Labeling Rule overlap certain

disclosures already required on

packages of non-reflector general service

incandescent bulbs by the Commission’s

Light Bulb Rule.7 This Rule, unlike the

lamp labeling amendments to the

Appliance Labeling Rule, requires that

package labels clearly and

conspicuously disclose average initial

wattage, light output expressed in

average initial lumens, and average

laboratory life expressed in hours, based

on operation at the bulb’s stated design

voltage.8 Under the Light Bulb Rule, the

disclosures must appear on at least two

panels of the outer sleeve or container

in which bulbs are displayed and

additionally on all panels of the inner

and the outer sleeve that contain any

reference to wattage, lumens, life or

voltage. The disclosures, however, need

not be made on the primary display

panel.9

When it promulgated the lamp

labeling amendments to the Appliance

Labeling Rule, the Commission noted

two provisions of the Light Bulb Rule

that are different from the lamp labeling

requirements under the Appliance

Labeling Rule. The first provision

concerns the format requirements for

disclosing the wattage, light output and

laboratory life ratings of general service

incandescent nonreflector lamps. The

second provision concerns the Light

Bulb Rule’s requirement that the testing

for, and required disclosures of, wattage,

light output and laboratory life ratings

of general service nonreflector lamps be

at the lamp’s design voltage. Because

these different rule provisions are not

contradictory, the Commission stated

that manufacturers will be able to

comply with both without incurring

significant additional costs.10

Nevertheless, the Commission stated

that, following that rulemaking

proceeding, it would consider whether

any additional action is necessary

concerning the Light Bulb Rule.11 To

amend or repeal the Light Bulb Rule, the

Commission’s Rules of Practice require

the Commission to use different, and

more lengthy, rulemaking procedures

than those specified in EPA 92 for the

lamp labeling amendments to the

Appliance Labeling Rule. Thus, because

of the statutory deadline for issuing the

lamp labeling rules under EPA 92, the

Commission determined to review the

Light Bulb Rule in a separate

proceeding. The Commission has

scheduled the Light Bulb Rule for

review during 1995 as part of the

Commission’s ongoing program to

review all Commission rules and

guides.12

III. Petition

A. NEMA’s Request (Disclosures at 120

Volts)

NEMA’s Petition requests that the

Commission approve an optional, but

not required, labeling format scheme for

packages of incandescent lamp products

with a design voltage other than 120

volts. NEMA states that manufacturers

design some lamp products for

operation at either 125 or 130 volts,13

and that line voltages of other than 120

volts are prevalent in certain regions of

the country.14 The Petition also notes

that the Light Bulb Rule requires

disclosures of a general service

incandescent lamp’s light output,

wattage and life, measured at design

voltage. Based on these assertions, the

Petition contends that the lamp labeling

requirements in the Appliance Labeling

Rule, ‘‘by requiring that a lamp

package’s principal display panel

contain performance ratings measured

at 120 volts, and designated ‘at 120

volts,’ will cause considerable confusion

for consumers who use lamps designed

for the local line voltage which is other

than 120 volts.’’ NEMA contends that,

because light output of a given lamp is

lower at 120 volts than at higher

voltages, consumers in non-120 volt

regions may seek a higher wattage lamp

than needed to obtain the light output

they desire. NEMA asserts that this

would undermine the energy efficiency

objectives of the Appliance Labeling

Rule.15

NEMA’s Petition states that

consumers in regions with line voltages

other than 120 volts should be able to

find lamp packages labeled on the

principal display panel with

performance ratings measured at the

lamp’s design voltage. NEMA claims

that, under the Appliance Labeling

Rule, this would require manufacturers

to provide dual-voltage information for

each performance rating on the primary

display panel. In support of its Petition,
15202 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules

16 Id.

17 Id. at 6.

18 Id. at 6 note 6.

19 Id. at 5–6.

20 In the NPR, 58 FR 60147 (1993), the

Commission proposed requiring disclosure of an

energy efficiency number. Based on the definition

of ‘‘lamp efficacy’’ in the EPA 92 amendments to

EPCA, the NPR proposed requiring disclosure on

lamp packages of an ‘‘Energy Index,’’ based on each

lamp product’s lumens per watt rating. When it

issued the final labeling rules, the Commission

determined not to require this disclosure.

21See (Tr.), 35–65, 201–205. See also Osram (G–

11) (Supp.), 2; NEMA (G–10) (Supp.), 19–21.

22NEMA (Tr.), 39–40, 54, (Supp.), G–10, 19–21

(the Commission views these statements as NEMA’s

final position on the issue); Osram (Tr.), 41, (Supp.),

G–11, 2. See also Angelo, G–1, 2 (but note that

Angelo later recommends disclosures at 120 volts

in the Workshop at Tr. 57); GE, G–2, 7, (Ans.), 1;

Osram (Tr.), 41, 58–59, (Supp.), G–11, 2; ACEEE,

GG–1, 1 (ACEEE, too, later recommends in the

Workshop that all disclosures be at 120 volts, (Tr.),

59); OR DOE, GG–13, 7; WA SEO, GG–18, 1.

23See note 20, supra.

24 In its supplemental comment, NEMA stated:

A question was raised at the Workshop as to

whether the last sentence of section [324(a)(2)(C)(i)

of EPCA] should be interpreted to apply only to

energy efficiency labeling or to all items required

to be disclosed under the Commission’s regulations.

There is no published legislative history

interpreting this provision. However, NEMA

representatives were involved in extensive

discussions with energy efficiency organizations

and congressional staff over the language of the

Energy Policy Act. Throughout those discussions,

everyone’s attention was focused on how best to

educate consumers to select the most energy

efficient lamp. NEMA representatives sought

inclusion of the requirement that all lamps’

efficiency ratings be based on a comparable

operation at 120 volts. NEMA’s objective was to

prevent some manufacturers or importers from

disguising low efficiency lamps by claiming

efficiency ratings at voltages greater than 120 volts.

NEMA was concerned that if a consumer faced 120

and 130 volt lamps in the same store, it be clear

that the 130 volt lamp would be substantially less

efficient when operated at 120 volts (Tr. 40–41).

NEMA did not intend to force manufacturers to

cease production or alter existing ratings of higher

voltage lamps for use in niche markets. Thus, in

construing section [324(a)(2)(C)(i)] of EPCA, NEMA

urges that the provision be fairly read in the context

of the legislative discussions and that congressional

intent is best served by requiring that only lumens

per watt measurements be based on 120 volts

operation.

NEMA (Supp.), G–10, 20–21. See also GE (Supp.),

G–9, Ex. 4; Osram (Tr.), 51–52 (most purchasers do

not see mix of products based on different voltages

on store shelves, but purpose of the statute’s

requirement was to require that efficiency be based

on constant voltage for situations when mix of

products were on shelves at same time). But see

NEMA, G–3, 45 (‘‘The Commission’s regulations

should expressly require manufacturers of

incandescent lamps to disclose all performance

characteristics when operated at 120 volts,

regardless of the rated voltage.’’).

25See MN DPS, GG–9, 2; NEPS (Tr.), 44; LRC

(Tr.), 44, 54–55; Angelo (Tr.), 57; ACEEE (Tr.), 59;

IES (Tr.), 62.

26 42 U.S.C. 6294(a)(2)(C)(i).

NEMA submitted examples of labels

that contain performance disclosures on

the primary display panel based on

operation at both 120 volts and the

lamp’s different design voltage. NEMA

believes the resulting complexity of the

package is certain to confuse even the

most energy-conscious consumer.16

NEMA proposes an alternative,

optional disclosure format to comply

with the labeling requirements under

Section 305.11(e)(1)(iii) of the

Appliance Labeling Rule. Specifically:

As an optional disclosure under Section

305.11(e)(1)(iii), for lamps with a design

voltage other than 120 volts, light output,

energy used, and life ratings displayed on the

principal display panel could be measured at

design voltage, provided that such ratings

measured at 120 volts are disclosed on

another panel of the package, and that the

principal display panel clearly and

conspicuously identifies the lamp’s design

voltage and clearly and conspicuously

contains the following explanatory statement:

[125/130] volt design. At 120 v., light

output and efficiency are noticeably

reduced. See [side/back] panel for data

at 120 v.17

NEMA also states it would accept a

more detailed explanatory statement,

which could read:

This product is designed for [125/130]

volts. When used on the normal line

voltage of 120 volts, the light output and

efficiency are noticeably reduced. See

[side/back] panel for 120 volt ratings.18

NEMA believes that its proposal fully

satisfies the Commission’s objectives

and the requirements of Section

324(a)(2)(C)(i) of EPCA, which states:

‘‘Labeling information for incandescent

lamps shall be based on performance

when operated at 120 volt input,

regardless of the rated lamp voltage.’’

NEMA also believes that its proposal

provides accurate and meaningful

information.19

B. Background

The issue of the voltage at which the

proposed disclosures of watts, light

output, life and energy efficiency should

be based was not specifically raised in

the Notice of Proposed Rulemaking

(‘‘NPR’’).20 However, this issue was the

subject of considerable discussion

during the Public Workshop the

Commission conducted on January 19,

1994, as part of the rulemaking

proceeding, as well as in two postWorkshop comments.21 In addition, the

statutory language mandating the

information disclosures is explicit in

requiring disclosures to be based on

operation at 120 volts, regardless of the

lamp’s design voltage.

Several industry representatives

supported requiring disclosure of

wattage, light output in lumens, and

average laboratory life based on

operation of the lamp at its design

voltage, if the design voltage is other

than 120 volts.22 They suggested that

only the energy index proposed in the

NPR (i.e., lumens per watt) should be

disclosed at 120 volts, regardless of the

lamp’s design voltage.23 They argued

that only the efficiency measure (energy

index) is covered by the requirement in

EPCA that labeling disclosures for

incandescent lamps be measured at 120

volts.24 Other participants contended,

however, that for general service

incandescent lamps the labeling rules

should require that the wattage, light

output, life and energy index

disclosures be made at 120 volts

because most purchasers operate lamps

at 120 volts and performance claims

should be based on a uniform

standard.25

Both the statute and its legislative

history are silent about the specific

purpose and meaning of the mandate

that labeling information shall be based

on operation at 120 volts. The

Commission, therefore, analyzed the

record evidence concerning the methods

of sales distribution and the uses of

these lamp products, as well as the

manner in which purchasers could best

be provided with accurate and

important information to enable them

‘‘to select the most energy efficient

lamps which meet their

requirements.’’ 26

According to the rulemaking record,

the majority of the service voltage of

electricity supplied by local utilities for

lighting is 120 volts. The rest is

supplied at 125 volts, primarily in the

Pacific Northwest and the Tennessee

Valley. No evidence was presented that

any local utility supplies electricity at

130 volts, or at service voltage other

than 120 or 125 volts. The lamp

manufacturers who participated in the

proceeding stated that they distribute

incandescent lamps with a design

voltage of 120 volts for sale in 120

voltage service regions. They also stated,

however, that while they distribute

incandescent lamps with a design

voltage of 125 volts primarily to regions

with 125 voltage service, they cannot

guarantee that lamps with a design

voltage of 125 volts are only offered for

sale in 125 voltage service regions.

Manufacturers that distribute

incandescent lamps with a design

voltage of 130 volts stated that they

distribute these lamps, which are

marketed as long-life lamps, in both 120

and 125 voltage service regions.

In light of the statutory standard and

the rulemaking record, the Commission

determined to require disclosure on the

primary display panel of the specific

lamp performance information based on

operation of the lamp at 120 volts.
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules 15203

27See Angelo (Tr.), 63: [P]eople may choose life

or lumen output but if it’s tested at 120 then there’s

no reason to go through the deception of saying it’s

a 130-volt lamp. It’s simply enough to say that this

lamp is going to produce less lumens[,] meaning it’s

going to have a different filament and it has really

nothing to do with design wattage, it has to do with

life and lumens. So in the circumstance of the

people who were buying it for that reason, why go

through a deception? Why not just tell them [it’s]

at 120 and let it be billed as a 120-volt lamp with

less lumens and more life?

28See 16 CFR 305.11(e)(1)(C).

29NEMA also has indicated that, although less

than 10% of the lamps sold have a design voltage

of other than 120 volts, of the three largest

manufacturers of the broad range of general service

incandescent lamps, the percentage of stockkeeping units (‘‘SKUs’’) designed for other than 120

volts ranges from between 40% and 50% for one

manufacturer, to approximately 30% for another,

and 10% to 20% for the third.

30 If interested parties demonstrate that covered

incandescent lamps at additional design voltages

are produced and sold, the Commission can

consider adding the additional design voltages to

the option.

31NEMA’s counsel agreed that this condition

would be appropriate.

32Letter dated November 11, 1994, to Kent C.

Howerton and James G. Mills, FTC, from Mark L.

Perlis, Counsel to NEMA, at 2. See also Letter dated

December 5, 1994, to Kent C. Howerton, FTC, from

Mark L. Perlis, Counsel to NEMA.

33Petition at 1–3.

34 Letter dated November 11, 1994, to Kent C.

Howerton and James G. Mills, FTC, from Mark L.

Perlis, Counsel to NEMA, at 2.

Otherwise, purchasers in most parts of

the country who purchase lamps with a

design voltage of 125 or 130 volts could

be misled by exaggerated light output

claims.27 In order to ensure that

purchasers in 125 volt service regions

are provided accurate performance

information, and to allow manufacturers

flexibility in marketing longer-life, 130-

volt design voltage lamps, however, the

Commission determined to allow

manufacturers, at their option, to

disclose performance information at an

additional design voltage. This

information could be included on the

primary display panel, or on a different

package panel.28

C. Proposed Amendments

NEMA’s Petition raises no legal

analysis that was not presented in the

original rulemaking record, nor does it

present any empirical information

indicating that consumers would be

misled by the dual sets of disclosures on

the primary panel. NEMA, however,

asserts that marketing considerations

will lead manufacturers to want to put

design voltage information on the

primary display panel.29 A review of the

sample labels with dual disclosures on

the primary display panel indicates that

they may be confusing to consumers.

The Commission believes that the

approach NEMA suggests will be

adequate to meet the statutory standard

and ensure that purchasers receive

accurate information they need in

making purchase decisions.

Although the statute states that

labeling information for these lamps

shall be based on operation at 120 volts,

regardless of the rated (or design) lamp

voltage, it does not prohibit the

Commission from allowing additional

disclosures based on operation of the

lamp at a different design voltage. The

statute also leaves to the Commission’s

discretion both the specific disclosures

that should be required and the manner

and format in which the disclosures

should be made. The Commission,

therefore, proposes amending the Rule

to allow an optional disclosure format,

as NEMA requests, for incandescent

lamps with design voltages of 125 or

130 volts.30 The Commission proposes

amending the Rule to require use of the

more detailed explanation regarding

operation at 120 volts and to allow the

placement of information on packages

that NEMA proposed. In addition, to

ensure that purchasers are aware that

they are selecting a bulb with a design

voltage of 125 volts or 130 volts, the

Commission proposes amending the

Rule to require that all panels of the

package that contain a claim about

lumen light, wattage or life clearly and

conspicuously identify the lamp as

‘‘[125 volt/130 volt].’’ 31

The Commission proposes

promulgating the optional compliance

method requested by NEMA as

amendments to the Appliance Labeling

Rule. The proposed amendments would

comply with the statutory mandate

because they would require clear and

conspicuous disclosure on labels of the

specific performance information for the

lamps when they are operated at 120

volts. The proposed amendments would

impose no additional requirements on

manufacturers, but merely would allow

an alternative format for manufacturers

to make the required disclosures. At the

same time, the proposed amendments

would ensure that purchasers are

provided with accurate information they

need about the most efficient lamps that

meet their requirements when they

make purchase decisions.

IV. Other Issues

A. NEMA’s Request (Disclosures for

Reflector Lamps)

NEMA believes that the existing lamp

labeling requirements in the Appliance

Labeling Rule may be based on a

technical misunderstanding of

incandescent reflector lamp

characteristics, and would lead

consumers to purchase more energy

intensive lamps than are needed.32

Accordingly, NEMA requests that the

Appliance Labeling Rule be either

interpreted or amended as follows: 33

(1) to require that disclosure of light output

for an incandescent reflector lamp shall be

given for the lamp’s ‘‘total forward lumens;’’

and

(2) to delete the requirement that the

disclosure of light output be followed by the

phrase ‘‘at beam spread.’’

NEMA further requests that Section

305.11(e)(1)(vi) of the Appliance

Labeling Rule be either interpreted or

amended to permit, but not require, a

manufacturer the option to insert into

the required Advisory Statement the

following italicized words:

‘‘To save energy costs, find the bulb

with the beam spread and light output

you need, then choose the one with the

lowest watts.’’

In support of these requests, NEMA

explains that it may not clearly have

communicated to the Commission

during the rulemaking proceeding the

difference between total lumens (or total

forward lumens), which are measured

independently of beam spread, and

beam intensity, which is a measure of a

reflector lamp’s performance

independent of lumens. NEMA asserts

that the requirement that the lumen

disclosure be labeled ‘‘at beam spread,’’

consequently, confuses two distinct

performance characteristics of reflector

lamps. NEMA states that reflector lamp

purchasers choose a beam spread for a

particular lighting task, whether

requiring sharply concentrated light or

more dispersed light. Then, purchasers

determine how much light output or

total forward lumens they need, rather

than beam lumens. Finally, NEMA

asserts that purchasers should be

directed to the most efficient lamp at a

given beam spread, which will be the

lamp with the lowest wattage for the

desired total lumen output.34

NEMA believes that the existing

requirements would merely confuse

purchasers and distract them from

purchasing the most efficient lamp that

meets their needs. Such confusion

would arise because, for lamps with the

same total forward lumens, the spotlight

or narrow beam lamp will always have

fewer beam lumens than a floodlight.

Labeling incandescent reflector lamps

only in terms of beam lumens thus

would often bias purchasers into

selecting higher wattage lamps than are

needed to meet their lighting needs, or

to save energy. Further, NEMA states

that the lamp efficiency standards

specified by EPA 92 are based on total
15204 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules

35 Id.

36 Incandescent reflector lamps (also known as

reflectorized incandescent lamps) are cone-shaped

with a reflectorized coating applied to the coneshaped part of the bulb. Incandescent reflector

lamps thus allow light output to be directed and

focused forward through the face of the lamp. They

may be used, for example, to provide lighting from

recessed ceiling fixtures or as spotlights or

floodlights.

37See Interim final rule, 59 FR 49468 (1994). The

EPA 92 amendments to EPCA specify minimum

efficiency standards for incandescent reflector

lamps and require DOE to issue rules specifying the

test procedures to be used in enforcing the

minimum efficiency standards. DOE published its

interim final rule for testing to comply with EPA

92’s minimum efficiency standards on September

28, 1994, after the Commission published the lamp

labeling rule amendments to the Appliance

Labeling Rule.

forward lumens rather than beam

lumens.35

B. Background

Not all light produced by an

incandescent reflector lamp is reflected

forward as useable light.36 Some light

may escape around the base of the cone

and be lost into the lamp fixture. Some

light may be reflected back and forth

inside the cone and not be emitted as

useful light output. In an attempt to

ensure that only useable forward light

output would be disclosed as the lamp’s

lumen light output, Section

305.11(e)(1)(iv) of the Appliance

Labeling Rule requires that the light

output disclosed shall be for the lamp’s

‘‘beam spread,’’ and be followed clearly

and conspicuously by the phrase ‘‘at

beam spread.’’

C. Proposed Amendments

The Commission agrees with NEMA’s

explanation and analysis. During the

rulemaking proceeding, and in

discussions between the Commission’s

staff and NEMA and various lamp

manufacturers since the Commission

issued the final lamp labeling

amendments to the Appliance Labeling

Rule, there has been confusion about the

use of such terms as ‘‘beam spread,’’

‘‘beam angle,’’ ‘‘total lumens,’’ and

‘‘total forward lumens’’ for incandescent

reflector lamps. NEMA’s proposal

would clarify that the required light

output disclosure is for the useable light

output reflected forward (as was

intended by the Commission), and not

merely of light focused within the more

narrow ‘‘beam spread.’’ The proposal

also would clarify that the lumen

disclosure for incandescent reflector

lamps is consistent with the lumen

measurement used by the Department of

Energy (DOE) in determining the

efficiency of these products under the

minimum efficiency standards set by

EPA 92.37

Accordingly, the Commission

proposes amending Section

305.11(e)(1)(iv) of the Appliance

Labeling Rule to clarify that the required

lumen disclosure for incandescent

reflector lamps is of ‘‘total forward

lumens’’ instead of lumens ‘‘at beam

spread.’’ The Commission also proposes

amending Section 305.11(e)(1)(iv) to

delete the requirement that the lumen

disclosure be followed by the phrase ‘‘at

beam spread.’’ Because the lumen

disclosure for all incandescent reflector

lamps must be based on the same lumen

measurement, it is unnecessary to

specify that the disclosure is ‘‘at beam

spread.’’ Lastly, the Commission

proposes amending § 305.11(e)(1)(vi) to

allow manufacturers, at their option, to

insert in the Advisory Statement the

reference to selecting a lamp with the

‘‘beam spread,’’ as well as the light

output purchasers need. The

Commission believes that the optional

Advisory Statement for incandescent

reflector lamps would more

appropriately advise purchasers that, to

save on energy costs, they should select

the lamp with the light output they need

at the lowest watts after first selecting

the type of incandescent reflector lamp

(spotlight or floodlight) they need.

The Commission believes that the

proposed amendments would impose

no additional requirements on

manufacturers. Instead, they merely

would clarify the existing lamp labeling

rules and allow manufacturers an option

in making the Advisory Statement

disclosure. At the same time, the

Commission believes that the proposed

amendments would ensure that

purchasers are provided with accurate

information they need about the most

efficient lamps that meet their

requirements when they make purchase

decisions.

List of Subjects in 16 CFR Part 305

Advertising, Consumer protection,

Energy conservation, Household

appliances, Labeling, Lamp products,

Penalties, Reporting and recordkeeping

requirements.

V. Text of Proposed Amendments

Accordingly, the Commission

proposes that 16 CFR Part 305 be

amended as follows:

PART 305—RULE CONCERNING

DISCLOSURES REGARDING ENERGY

CONSUMPTION AND WATER USE OF

CERTAIN HOME APPLIANCES AND

OTHER PRODUCTS REQUIRED

UNDER THE ENERGY POLICY AND

CONSERVATION ACT (‘‘APPLIANCE

LABELING RULE’’)

1. The authority citation for Part 305

continues to read as follows:

Authority: 42 U.S.C. 6294.

2. Section 305.11, to become effective

May 15, 1995, is amended by revising

paragraph (e)(1)(iii), (iv), and (vi) as

follows:

§ 305.11 Labeling for covered products.

* * * * *

(e) Lamps—

(1) * * *

(iii) The light output, energy usage

and life ratings of any covered product

that is a medium base compact

fluorescent lamp or general service

incandescent lamp (including an

incandescent reflector lamp), shall be

measured at 120 volts, regardless of the

lamp’s design voltage. If a lamp’s design

voltage is 125 volts or 130 volts, the

disclosures of the wattage, light output

and life ratings shall in each instance

be:

(A) At 120 volts and followed by the

phrase ‘‘at 120 volts.’’ In such case, the labels

for such lamps also may disclose the lamp’s

wattage, light output and life at the designed

voltage (e.g., ‘‘Light Output 1710 Lumens at

125 volts’’); or

(B) At the design voltage and followed by

the phrase ‘‘at [125 volts/130 volts]’’ if the

ratings at 120 volts are disclosed clearly and

conspicuously on another panel of the

package, and if all panels of the package that

contain a claimed light output, wattage or life

clearly and conspicuously identify the lamp

as ‘‘[125 volt/130 volt],’’ and if the principal

display panel clearly and conspicuously

discloses the following statement:

This product is designed for [125/130]

volts. When used on the normal line voltage

of 120 volts, the light output and energy

efficiency are noticeably reduced. See [side/

back] panel for 120 volt ratings.

(1)(iv) For any covered product that is

an incandescent reflector lamp, the

required disclosure of light output shall

be given for the lamp’s total forward

lumens.

* * * * *

(vi) For any covered product that is a

compact fluorescent lamp or a general

service incandescent lamp (including an

incandescent reflector lamp), there shall

be clearly and conspicuously disclosed

on the principal display panel the

following statement:
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules 15205

To save energy costs, find the bulbs with

the [beam spread and] light output you need,

then choose the one with the lowest watts.

* * * * *

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 95–7058 Filed 3–21–95; 8:45 am]

BILLING CODE 6750–01–P