[Federal Register Volume 73, Number 132 (Wednesday, July 9, 2008)]
[Rules and Regulations]
[Pages 39221-39226]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15243]


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FEDERAL TRADE COMMISSION

16 CFR Part 305

RIN 3084-AA74


Rule Concerning Disclosures Regarding Energy Consumption and 
Water Use of Certain Home Appliances and Other Products Required Under 
the Energy Policy and Conservation Act (``Appliance Labeling Rule'')

AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').

ACTION: Final Rule.

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SUMMARY: Section 324 of the Energy Independence and Security Act of 
2007 requires the Commission to issue labeling rules for metal halide 
lamp fixtures and ballasts. In accordance with this directive, the 
Commission has completed the required rulemaking and is publishing 
final amendments to the Appliance Labeling Rule (``Rule'').

DATES: The amendments published in this final rule will become 
effective on January 1, 2009.

ADDRESSES: Requests for copies of this document are available from: 
Public Reference Branch, Room 130, Federal Trade Commission, 600 
Pennsylvania Avenue, NW., Washington, DC 20580. The complete record of 
this proceeding is also available at that address. Relevant portions of 
the proceeding, including this document, are available at http://
www.ftc.gov.

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

[[Page 39222]]

Attorney, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 
20580.

SUPPLEMENTARY INFORMATION: As directed by the Energy Independence and 
Security Act of 2007 (``EISA'' or ``Act'') (Pub. L. 110-140), the 
Commission has conducted a rulemaking to create new labeling 
requirements for the Appliance Labeling Rule (16 CFR Part 305) for 
metal halide lamp fixture packaging and ballasts contained within those 
fixtures. On April 1, 2008, the Commission published a Notice of 
Proposed Rulemaking (``NPRM'') seeking comment on draft labeling 
requirements for halide lamp fixtures (63 FR 17263). The Commission is 
now publishing final amendments to the Rule. In support of these 
amendments, this Notice provides information about EISA's requirements, 
a description of the FTC's amendments to implement that law, and a 
discussion of comments received in response to the proposed amendments. 
The Notice also explains that the FTC will be conducting a separate 
rulemaking in the future related to energy disclosures for lamp 
products as required by EISA. Finally, this Notice contains analysis 
under the Paperwork Reduction Act and Regulatory Flexibility Act.

I. Labeling for Metal Halide Lamp Fixtures

    A. EISA's Directive: Section 324(d) of EISA amends the Energy 
Policy and Conservation Act (42 U.S.C. 6291 et seq.) (``EPCA'') to 
require the Commission to issue labeling rules for metal halide lamp 
fixture packaging and ballasts. The law limits these labeling 
requirements to products that are subject to Department of Energy 
(``DOE'') efficiency standards issued pursuant to 42 U.S.C. 6295. Under 
EISA, the Commission must prescribe these rules by July 1, 2008. The 
statute also directs that the rules, once issued, must apply to any 
fixture manufactured on or after January 1, 2009.
    EISA defines a ``metal halide lamp'' as a ``high intensity 
discharge lamp in which the major portion of the light is produced by 
radiation of metal halides and their products of dissociation, possibly 
in combination with metallic vapors.''\1\ These lamps produce a bright, 
white light and offer high color rendition compared to other high-
intensity lighting. They typically light large indoor areas, such as 
gymnasiums and sports arenas, as well as outdoor areas, such as car 
lots.\2\ As discussed below, the Commission is issuing labeling rules 
for metal halide lamp fixtures consistent with the directive of EISA.
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    \1\ See Pub. L. 110-140, 324(a). The Act also contains 
definitions for ``metal halide ballast'' (used to start and operate 
metal halide lamps) and ``metal halide lamp fixture.''
    \2\ See http://www.eere.energy.gov/consumer/ (``A Consumer's 
Guide to Energy Efficiency and Renewable Energy'').
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    Specifically, EISA directs the FTC to issue a rule requiring 
manufacturers to label metal halide lamp fixture packages and the 
ballasts in those fixtures with ``a capital letter `E' printed within a 
circle.''\3\ The encircled capital letter ``E'' (i.e., circle ``E'') 
will indicate that the product meets applicable DOE energy efficiency 
standards consistent with the labeling requirements for other lighting 
products.\4\ Because EISA excludes some metal halide lamp fixture types 
from those efficiency standards\5\ and the FTC labeling requirements 
only apply to products that meet the DOE standards, the circle ``E'' 
will aid consumers in identifying products that satisfy the DOE 
standard.
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    \3\ 42 U.S.C. 6294(a)(2)(C)(ii). EISA mandates FTC labeling 
rules for metal halide lamp fixtures and ballasts contained in those 
fixtures. It does not specifically require labeling for metal halide 
lamps themselves.
    \4\ Under EISA (42 U.S.C. 6294(a)(2)(C)), the FTC's labeling 
rules cover only those fixtures subject to DOE efficiency standards 
issued pursuant to 42 U.S.C. 6295. Section 324(e) of EISA (42 U.S.C. 
6295(hh)) specifically mandates DOE energy standards for metal 
halide lamp fixtures. Those standards become effective on the same 
date as the FTC's labeling requirements.
    \5\ 42 U.S.C. 6295(hh)(1)(B).
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    B. FTC's Final Requirements: In its NPRM, the Commission proposed 
amendments to the Appliance Labeling Rule to implement EISA's 
directive. The final amendments follow the proposed rule provision 
(with some minor exceptions explained in Section II of this Notice). 
There are four basic elements to the final amendments.
    First, the amendments insert metal halide lamp fixtures into the 
list of covered products at Section 305.2 and include metal halide lamp 
fixtures in the descriptions of covered products at Section 305.3.\6\
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    \6\ These descriptions are the same as the definitions in EISA 
(see 42 U.S.C. 6291(62-64)) except that the FTC amendments limit the 
description of ``metal halide lamp fixtures'' to models subject to 
DOE efficiency standards. In addition, in the final amendments, the 
descriptions of metal halide-related terms in section 305.3 appear 
in a different order than in the proposed amendments. In the 
proposed amendments, the descriptions implied that fixtures, lamps, 
and ballasts are all separate covered products. In the final 
amendments, the order and appearance of these descriptions clarify 
that only ``metal halide lamp fixtures''(not ballasts or lamps) are 
covered products.
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    Second, the amendments (Sec.  305.15(c)) require that the circle 
``E'' be clearly and conspicuously disclosed in color-contrasting ink 
on the label of metal halide lamp fixture packages and the ballasts 
contained in those fixtures. Consistent with current requirements for 
similar products, this disclosure will be deemed conspicuous, in terms 
of size, if it appears in typeface at least as large as either the 
manufacturer's name or another logo disclosed on the label (e.g., 
``UL'' or ``ETL''), whichever is larger.\7\
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    \7\ These requirements track existing requirements for 
fluorescent lamp ballasts and luminaires (see 16 CFR 305.15(a)&(b)).
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    Third, the amendments (Sec.  305.20) require retail catalog sellers 
to include the circle ``E'' in their descriptions of metal halide lamp 
fixtures.\8\ The final amendments also require the circle ``E'' 
disclosures in point of sale promotional material as required for other 
covered products (Sec.  305.19).\9\
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    \8\ EPCA requires energy disclosures for catalog sellers of 
covered products. (42 U.S.C. 6296(a)).
    \9\ EPCA authorizes the Commission to require such point of sale 
disclosures for covered products (42 U.S.C. 6294(c)(4)). The current 
Rule contains similar requirements for fluorescent lamp ballasts 
(305.19(a)(2)).
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    Finally, consistent with requirements for other covered products, 
the final amendments add reporting requirements for metal halide lamp 
fixtures to section 305.8 of the Rule.\10\
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    \10\ Under Section 305.8, the final amendments will require the 
submission of data including, but not limited to, model number, 
voltage, and ballast efficiency. The proposed due date for annual 
reports of these products was March 1 of each year. As discussed in 
section II of this Notice, the reporting date in the final 
amendments is September 1 of each year.
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II. Comments Received in Response to Proposed Rule

    The Commission received one written comment in response to the 
NPRM. The comment, submitted by the National Electrical Manufacturers 
Association (``NEMA''), raised four issues. Specifically, it requested 
that the Commission: 1) extend the deadline for the publishers of 
printed catalogs to meet the Rule's requirements; 2) eliminate the 
proposed annual reporting requirement; 3) eliminate the proposed 
requirement that manufacturers include the circle ``E'' on shipping 
documents for metal halide products; and 4) consider adding a 
requirement that the circle ``E'' appear on metal halide fixtures 
themselves in addition to packaging and ballasts. Each of these issues 
is addressed in turn.
    Printed Catalog Disclosures: Consistent with requirements for other 
products covered by the Rule, the amendments (Sec.  305.20) require 
retail catalog sellers to include the circle ``E'' in their 
descriptions of metal halide

[[Page 39223]]

lamp fixtures. Such catalogs include websites and traditional paper 
catalogs. In its comments, NEMA sought more time to allow manufacturers 
to revise their paper catalogs because it was concerned that 
manufacturers would incur large costs reprinting paper catalogs outside 
of their standard printing cycles.
    The Commission believes that NEMA's comment is reasonable and that 
additional compliance time would not have a significant impact on the 
efficacy of disclosures. Accordingly, the final amendments apply to any 
catalog published after July 1, 2009 (instead of January 1, 2009 as 
proposed in the NPRM).\11\
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    \11\ NEMA did not specify an additional time period necessary 
for marketers to redraft their catalogs. Absent any specific 
suggested time period, the Commission has afforded marketers an 
additional six months, giving them more than a full annual printing 
cycle to comply.
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    Reporting Requirements: NEMA also opposed the proposed yearly 
reporting requirements because, in its view, they would be overly 
burdensome. NEMA also took issue with the FTC's reporting burden 
estimate, arguing that the FTC should take into account the many 
product lines (``well over 100'') in the industry and not just the 
number of manufacturers. Finally, NEMA stated that, if the FTC is 
unable to eliminate the reporting requirement, then the agency should 
establish an electronic database to ease the reporting burden.
    The final amendments retain the proposed reporting requirements. 
Under Section 326 of EPCA (42 U.S.C. 6296), manufacturers of covered 
products must submit annual reports to the Commission containing energy 
data for their products. This annual reporting requirement is 
applicable to all products covered by the Rule, including appliances, 
heating and cooling equipment, covered lighting products, and covered 
plumbing products. Accordingly, the Commission has no discretion to 
forgo reporting. However, to provide manufacturers with additional time 
in preparing their initial (2009) report, the Commission has changed 
the annual reporting date for metal halide lamp fixtures from March 1 
of each year to September 1 (see Section 305.8(b)(1)).\12\ While this 
change does not eliminate the annual reporting requirement, it will 
give manufacturers more time to gather data on their models for the 
initial (2009) report. Once manufacturers have assembled their data for 
the first (2009) annual report, they should be able to use that data as 
a starting point for preparing reports in subsequent years, thus making 
it easier to prepare reports thereafter.
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    \12\ The final rule also contains a slight clarification to the 
reporting requirements. The EISA amendments (42 U.S.C. 6293(b)(18)) 
dictate the DOE test procedure that must be used for metal halide 
lamp ballasts. The final FTC reporting requirements (section 
305.8(a)(5)(vii)) contain a reference to that statutory requirement 
to ensure that ballast efficiency data submitted to the FTC are 
consistent with the results of the DOE test procedure. The FTC 
labeling rule itself does not impose testing requirements for metal 
halide products.
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    Although the Commission cannot eliminate the reporting requirement, 
it does seek to provide manufacturers with flexibility in submitting 
their reporting data. For example, the FTC allows manufacturers to 
submit data through a variety of means, including paper letters, 
printed catalogs, and electronic files via email. In addition, the 
Commission understands that the DOE is considering the development of a 
web-based system to facilitate the submission of energy data for 
covered products. If such a system is implemented, it may provide an 
additional means of simplifying FTC data submission.
    Disclosures on Shipping Documents: NEMA also took issue with a 
portion of the proposed Rule that would require the circle ``E'' on 
documentation accompanying pallet loads of fixtures under section 
305.15(c)(3). NEMA argued that this requirement adds no value because 
the shipping document does not help those who purchase products. NEMA 
also argued that the disclosure fails to aid enforcement efforts 
because inspectors do not review shipping documents to determine 
compliance with efficiency standards.
    In this regard, NEMA has raised valid concerns. The benefit of the 
disclosure on shipping documents is unclear. For purchases outside of 
brick and mortar stores, the Rule's website and catalog disclosures 
provide the information consumers need to determine compliance with 
energy standards. Similarly, because the final amendments require the 
circle ``E'' disclosure on the pallet sheeting itself, there appears to 
be little need to include it in separate shipping documentation. 
Accordingly, the final amendments do not include this requirement.\13\
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    \13\ A similar requirement applies to disclosures for 
fluorescent lamp ballasts and luminaires (16 CFR Sec.  
305.15(a)&(b)). The upcoming rulemaking on the effectiveness of 
lighting disclosures will give the Commission an opportunity to 
review the appropriateness of that requirement.
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    Marking on Metal Halide Fixture: Finally, NEMA urged the Commission 
to consider requiring the circle ``E'' on the fixture itself, in 
addition to the package and ballasts as proposed. NEMA indicated that 
such a requirement would ``provide more visibility for the enforcement 
of the law and ensure that compliant manufacturers remain 
competitive.''
    The Commission has considered NEMA's suggestion and decided not to 
require the disclosure on fixtures at this time. The statute appears 
broad enough to provide the FTC with discretion to require marking on 
the metal halide fixture itself because the law contains a general 
mandate for the Commission ``to issue labeling rules'' for metal halide 
lamp fixtures. Such a requirement, however, would constitute a 
significant departure from the proposed amendments, which track 
Congress's specific directive for labeling on packages and ballasts. 
Given this significant departure, it would be appropriate to seek 
further comment before making such a change. However, if the Commission 
were to delay this proceeding to seek such comment, it could not meet 
the July 1, 2008 Congressional deadline. Accordingly, the Commission 
has determined to issue the Rule as proposed. The upcoming rulemaking 
on the lamp labeling alternatives (discussed below) will provide an 
opportunity for further consideration of this issue. For now, although 
the final amendments will apply only to the fixture package and the 
ballast itself, nothing prohibits manufacturers from printing the 
circle ``E'' on the fixture itself as long as the fixture meets 
applicable energy standards.

III. Upcoming Rulemaking on the Effectiveness of Lamp Labeling

    EISA requires the FTC to conduct a rulemaking to examine the 
effectiveness of current lighting disclosures required by the 
Commission and to explore alternative labeling approaches.\14\ To meet 
the Congressional deadline for metal halide lamp fixture labeling 
requirements, the Commission will initiate the rulemaking on lamp label 
effectiveness as a separate proceeding.
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    \14\ EISA Section 321(b) (42 U.S.C. 6294(a)(2)(C)).
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IV. Paperwork Reduction Act

    The proposed requirements for package and product labels, as well 
as point-of-sale materials and catalog disclosures do not constitute a 
``collection of information'' under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3521) because they are a ``public disclosure of 
information originally supplied by the government to the recipient for 
the purpose of disclosure to the public'' as indicated in

[[Page 39224]]

OMB regulations.\15\ The data reporting from metal halide lamp ballast 
manufacturers, however, would constitute a ``collection of 
information.''\16\ Consistent with past estimates for fluorescent 
ballast manufacturers, we estimated in the NPRM that such reporting 
would require six hours per manufacturer. We also estimated that there 
are approximately 20 manufacturers of metal halide lamp fixtures.\17\ 
NEMA's comments, however, indicated that, while there are approximately 
20 manufacturers, some of those manufacturers have multiple divisions 
or product lines. NEMA estimates that there are ``well over 100'' such 
lines within the industry. Accordingly, in the final estimate, we 
conservatively assume there are 110 divisions or product lines and that 
reporting will require six hours for each of these entities (i.e., the 
same amount of time we estimate for a manufacturer).\18\ Therefore, our 
final estimate is 660 hours (110 product/division lines x 6 hours) as a 
reporting burden for these entities. In addition, we estimate that the 
yearly recordkeeping burden for metal halide manufacturers will be no 
more than 2 hours each or 220 hours total (2 hours x 110 product/
division lines). Therefore, the total estimated annual burden of the 
final amendments is 880 hours. Pursuant to the Paperwork Reduction Act, 
44 U.S.C. 3501-3521, the FTC submitted to the Office of Management and 
Budget (OMB) for review and approval the collections of information 
contained in the Rule. On May 23, 2008, under OMB Control No. 3084-
0069, OMB granted approval through May 31, 2011.
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    \15\ 5 CFR 1320.3(c)(2).
    \16\ The final amendments impose no reporting requirements on 
catalog sellers.
    \17\ This number (20) is consistent with our estimate for 
fluorescent lamp ballast manufacturers. See 69 FR 64289, 64291 (Nov. 
4, 2004). U.S. Economic Census data indicate that there are 
approximately 80 electric lamp bulb and part manufacturers, 473 
residential electric lighting fixture manufacturers and 356 
commercial, industrial, and institutional electric lighting fixture 
manufacturers in the U.S. See (http://www.census.gov/econ/census02/
guide/INDRPT31.HTM) (Codes 335110, 335121, and 335122).
    \18\ This assumption applies across all the industry, regardless 
of the size of a particular manufacturer's product line or division. 
We believe this assumption is very conservative because some product 
lines or divisions may be very small and require substantially less 
than six hours of burden per year.
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V. Regulatory Flexibility Act

    The Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601-612, 
requires an agency to provide a Final Regulatory Flexibility Analysis 
(``FRFA'') with a final rule, unless the agency certifies that the rule 
will not have a significant economic impact on a substantial number of 
small entities. See 5 U.S.C. 603-605.
    In light of the comments submitted in response to the NPRM, the FTC 
reaffirms its belief that the amendments will not have a significant 
economic impact on a substantial number of small entities. Although the 
Commission certifies under the RFA that the rule in this notice will 
not have a significant impact on a substantial number of small 
entities, the Commission has determined, nonetheless, to publish a FRFA 
to explain the impact of the Rule on small entities as follows:

A. Statement of the need for, and objectives of, the amendments

    Section 324 of EISA requires the Commission to issue labeling rules 
for metal halide lamp products. EISA specifies the content of such 
labels to provide energy information for purchasers. Also, the 
Commission is charged with enforcing the requirements of 42 U.S.C. 
6294, which require the agency to issue these amendments. The objective 
of the amendments are to establish energy labeling requirements for 
metal halide lamp fixtures and ballasts.

B. Issues raised by comments in response to the initial regulatory 
flexibility analysis

    No significant issues were raised by public comment related 
specifically to small business impacts. NEMA's comment raised concerns 
about the compliance burden related to catalog disclosures and 
reporting requirements. As discussed in detail in Section II of this 
Notice, the Commission has changed aspects of the amendments to address 
these concerns.

C. Estimate of the number of small entities to which the amendments 
will apply

    Under the Small Business Size Standards issued by the Small 
Business Administration, lighting fixture manufacturers qualify as 
small businesses if they have fewer than 500 employees. As discussed in 
more detail in Section III of this Notice, the Commission estimates 
that only a small fraction of lamp fixture manufacturers (approximately 
20 entities) produce metal halide lamp fixtures and ballasts. Even if 
most of these entities were small businesses, the number would not be 
substantial.
    The Commission also estimates that 200 catalog retailers (including 
website sellers) would have to comply with the new reporting 
requirements, most or all of which are probably small businesses. As 
with catalog sellers of fluorescent lamp ballasts under the current 
rule, catalog sellers of metal halide fixtures and ballasts would have 
to insert the circle ``E'' in each description of metal halide lamp 
fixtures they offer for sale. We expect that the burden associated with 
such disclosures will be de minimis.

D. Projected reporting, recordkeeping, and other compliance 
requirements

    The Commission recognizes that the final labeling rule will involve 
some increased costs for affected parties. Most of these costs will be 
in the form of redrafting information placed on packages and products 
and placing the required disclosure in paper and web-based catalogs. 
Specifically, the amendments require that labels for metal halide lamp 
fixtures and ballasts, and point-of-sale promotional material for 
fixtures, disclose a circle ``E.'' As manufacturers already include 
information on packages and ballasts in the ordinary course of 
business, the Rule will require manufacturers to reformat their labels 
only one time to include the circle ``E'' symbol. The requirement that 
catalog sellers include the circle ``E'' in their product descriptions 
will involve the same, one-time change to all of the metal halide lamp 
fixture descriptions in the seller's catalog. Similarly, the Rule 
contains standard reporting requirements for manufacturers to submit 
data that, in all likelihood, they already generate and disseminate 
during the normal course of business in catalogs and other disclosures.
    The Commission does not expect that there will be any significant 
legal, professional, or training costs or skills needed to comply with 
the Rule. The Commission does not expect that the labeling requirements 
will impose significant incremental costs for websites or other 
advertising. Thus, the Commission anticipates that, in total, the 
burdens imposed by the amendment should not be significant for any 
particular entity.

E. Alternatives considered

    The amendments closely track the prescriptive requirements of the 
statute, and thus leave little room for significant alternatives to 
decrease the burden on regulated entities. Although the Commission has 
no discretion on the timing of the labeling requirements for the 
products and product packages, the statutory deadline does not apply to 
catalog disclosures or reporting requirements. Accordingly, in response

[[Page 39225]]

to comments, the Commission has extended the time given to 
manufacturers to comply with the catalog disclosure requirements and 
has changed the annual reporting date as explained in Section II of 
this Notice. In addition, the Commission routinely allows manufacturers 
to submit required data through electronic means.

VI. Final Rule Language

List of Subjects in 16 CFR Part 305

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

0
For the reasons set out above, the Commission is issuing the following 
amendments to 16 CFR Part 305:

PART 305--RULE CONCERNING DISCLOSURES REGARDING ENERGY CONSUMPTION 
AND WATER USE OF CERTAIN HOME APPLIANCES AND OTHER PRODUCTS 
REQUIRED UNDER THE ENERGY POLICY AND CONSERVATION ACT (``APPLIANCE 
LABELING RULE'')

0
1. The authority citation for Part 305 continues to read as follows:

    Authority: 42 U.S.C. 6294.


Sec.  305.2  [Amended]

0
2. In paragraph (k)(2) of section 305.2, add the phrase ``metal halide 
lamp fixtures,'' after the phrase ``fluorescent lamp ballasts,''.

0
3. In Sec.  305.2, revise paragraph (l)(21), and add paragraph (l)(22) 
to read as follows:


Sec.  305.2  Definitions.

* * * * *
    (1) * * *
    (21) Metal halide lamp fixtures.
    (22) Any other type of consumer product that the Department of 
Energy classifies as a covered product under section 322(b) of the Act 
(42 U.S.C. 6292).
* * * * *

0
4. In section 305.3, add paragraph (s) to read as follows:


Sec.  305.3  Description of covered products.

* * * * *
    (s) Metal halide lamp fixture means a light fixture for general 
lighting application that is designed to be operated with a metal 
halide lamp and a ballast for a metal halide lamp and that is subject 
to and complies with Department of Energy efficiency standards issued 
pursuant to 42 U.S.C. 6295.
    (1) Metal halide ballast means a ballast used to start and operate 
metal halide lamps.
    (2) Metal halide lamp means a high intensity discharge lamp in 
which the major portion of the light is produced by radiation of metal 
halides and their products of dissociation, possibly in combination 
with metallic vapors.
* * * * *

0
5. Section 305.8 is amended as follows:
0
a. In paragraph (a)(1), add the phrase ``metal halide lamp fixtures,'' 
after the phrase ``fluorescent lamp ballasts,''.
0
b. Add paragraph (a)(5).
0
c. Revise paragraph (b)(1) to read as follows:


Sec.  305.8  Submission of data.

* * * * *
    (a) * * *
    (5) Each manufacturer of a metal halide lamp fixture shall submit 
annually to the Commission a report for each basic model of metal 
halide lamp fixture in current production. The report shall contain the 
following information:
    (i) Name and address of manufacturer;
    (ii) All trade names under which the metal halide lamp fixture is 
marketed;
    (iii) Model number;
    (iv) Starting serial number, date code or other means of 
identifying the date of manufacture (date of manufacture information 
must be included with only the first submission for each basic model);
    (v) Type of ballast (e.g., pulse, probe, or electronic);
    (vi) Nominal input voltage and frequency;
    (vii) Ballast efficiency (as determined pursuant to 42 U.S.C. 
6293(b)(18)); and
    (viii) Lamp type and wattage (or range of wattages) with which the 
metal halide lamp fixture is designed to be used.
    (b)(1) All data required by Sec.  305.8(a) except serial numbers 
shall be submitted to theCommission annually, on or before the 
following dates:

------------------------------------------------------------------------
                                                   Deadline for data
              Product category                        submission
------------------------------------------------------------------------
Refrigerators...............................  Aug. 1
Refrigerators-freezers......................  Aug. 1
Freezers....................................  Aug. 1
Central air conditioners....................  July 1
Heat pumps..................................  July 1
Dishwashers.................................  June 1
Water heaters...............................  May 1
Room air conditioners.......................  May 1
Furnaces....................................  May 1
Pool heaters................................  May 1
Clothes washers.............................  Oct. 1
Fluorescent lamp ballasts...................  Mar. 1
Showerheads.................................  Mar. 1
Faucets.....................................  Mar. 1
Water closets...............................  Mar. 1
Urinals.....................................  Mar. 1
Metal halide lamp fixtures..................  Sept. 1
Fluorescent lamps...........................  Mar. 1
                                              [Stayed]
Medium Base Compact Fluorescent Lamps.......  Mar. 1
                                              [Stayed]
Incandescent Lamps, incl. Reflector Lamps...  Mar. 1
                                              [Stayed]
------------------------------------------------------------------------

* * * * *


Sec.  305.10  [Amended]

0
6. In paragraph (a) of section 305.10, add the phrase ``metal halide 
lamp fixtures,'' after the phrase ``fluorescent lamp ballasts,''.

0
7. In section 305.15, add paragraph (c) to read as follows:


Sec.  305.15  Labeling for lighting products.

* * * * *
    (c) Metal halide lamp fixtures and metal halide ballasts --(1) 
Contents. Metal halide ballasts contained in a metal halide lamp 
fixture covered by this Part shall be marked conspicuously, in color-
contrasting ink, with a capital letter ``E'' printed within a circle. 
Packaging for metal halide lamp fixtures covered by this Part shall 
also be marked conspicuously with a capital letter ``E'' printed within 
a circle. For purposes of this section, the encircled capital letter 
``E'' will be deemed ``conspicuous,'' in terms of size, if it is as 
large as either the manufacturer's name or another logo, such as the 
``UL,'' ``CBM'' or ``ETL'' logos, whichever is larger, that appears on 
the metal halide ballast, or the packaging for the metal halide lamp 
fixture, whichever is applicable for purposes of labeling.
    (2) Product Labeling. The encircled capital letter ``E'' on metal 
halide ballasts must appear conspicuously, in color-contrasting ink 
(i.e., in a color that contrasts with the background on which the 
encircled capital letter ``E'' is placed) on the surface that is 
normally labeled. It may be printed on the label that normally appears 
on the metal halide ballast, printed on a separate label, or stamped 
indelibly on the surface of the metal halide ballast.
    (3) Package Labeling. For purposes of labeling under this section, 
packaging for metal halide lamp fixtures consists of the plastic 
sheeting, or ``shrink-wrap,'' covering pallet loads of metal halide 
lamp fixtures as well as any containers in which such metal halide lamp 
fixtures are marketed individually or in small numbers. The encircled 
capital letter ``E'' on packages containing metal halide lamp fixtures

[[Page 39226]]

must appear conspicuously, in color-contrasting ink, on the surface of 
the package on which printing or a label normally appears. If the 
package contains printing on more than one surface, the label must 
appear on the surface on which the product inside the package is 
described. The encircled capital letter ``E'' may be printed on the 
surface of the package, printed on a label containing other 
information, printed on a separate label, or indelibly stamped on the 
surface of the package. In the case of pallet loads containing metal 
halide lamp fixtures, the encircled capital letter ``E'' must appear 
conspicuously, in color-contrasting ink, on the plastic sheeting, 
unless clear plastic sheeting is used and the encircled capital letter 
``E'' is legible underneath this packaging.

0
8. In paragraph (a)(1) of section 305.19, add the phrase ``metal halide 
lamp fixtures,'' after the phrase ``fluorescent lamp ballasts,'' and 
revise paragraph (a)(2) to read as follows:


Sec.  305.19  Promotional material displayed or distributed at point of 
sale.

    (a) * * *
    (2) Any manufacturer, distributor, retailer or private labeler who 
prepares printed material for display or distribution at point of sale 
concerning a covered product that is a fluorescent lamp ballast or 
metal halide lamp fixture to which standards are applicable under 
section 325 of the Act, shall disclose conspicuously in such printed 
material, in each description of such product, an encircled capital 
letter ``E''.
* * * * *

0
9. In paragraph (a) of section 305.20, add the phrase ``metal halide 
lamp fixtures,'' after the phrase ``fluorescent lamp ballasts,'' and 
add paragraph (e) to read as follows:


Sec.  305.20  Paper catalogs and websites.

* * * * *
    (e) Any manufacturer, distributor, retailer, or private labeler who 
advertises metal halide lamp fixtures manufactured on or after January 
1, 2009 in a catalog prepared after July 1, 2009, from which they may 
be purchased by cash, charge account or credit terms, shall disclose 
conspicuously in such catalog, in each description of such metal halide 
lamp fixture, a capital letter ``E'' printed within a circle.
* * * * *
    By direction of the Commission.

Richard C. Donohue,
Acting Secretary.
[FR Doc. E8-15243 Filed 7-8-08: 8:45 am]
BILLING CODE 6750-01-S