[Federal Register Volume 73, Number 63 (Tuesday, April 1, 2008)]
[Proposed Rules]
[Pages 17263-17268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6566]


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FEDERAL TRADE COMMISSION

16 CFR Part 305

RIN 3084-AA74


Appliance Labeling Rule

AGENCY: Federal Trade Commission (FTC or Commission).

ACTION: Notice of proposed rulemaking; request for public comment.

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SUMMARY: Section 324 of the Energy Independence and Security Act of 
2007 requires the Federal Trade Commission to issue labeling rules for 
metal halide lamp fixtures and ballasts by July 1, 2008. In accordance 
with this directive, the FTC is publishing proposed amendments to the 
Appliance Labeling Rule (``Rule'') for comment.

DATES: Written comments must be received on or before April 28, 2008.

[[Page 17264]]


ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Proposed Metal Halide Lamp Labeling, Matter 
No. R611004'' to facilitate the organization of comments. A comment 
filed in paper form should include this reference both in the text and 
on the envelope, and should be mailed or delivered to the following 
address: Federal Trade Commission/Office of the Secretary, Room H-135 
(Annex A), 600 Pennsylvania Avenue, NW., Washington, DC 20580. Comments 
containing confidential material must be filed in paper form, and the 
first page of the document must be clearly labeled ``Confidential'' and 
must comply with Commission Rule 4.9(c).\1\ The FTC is requesting that 
any comment filed in paper form be sent by courier or overnight 
service, if possible, because postal mail in the Washington area and at 
the Commission is subject to delay due to heightened security 
precautions.
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    \1\ Any request for confidential treatment, including the 
factual and legal basis for the request, must accompany the comment 
and must identify the specific portions of the comment to be 
withheld from the public record. The request will be granted or 
denied by the Commission's General Counsel, consistent with 
applicable law and the public interest. See Commission Rule 4.9(c), 
16 CFR 4.9(c).
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    Comments filed in electronic form should be submitted by clicking 
on the following: https://secure.commentworks.com/ftc-metalhalide and 
following the instructions on the Web-based form. To ensure that the 
Commission considers an electronic comment, you must file it on the 
Web-based form at https://secure.commentworks.com/ftc-metalhalide. You 
also may visit http://www.regulations.gov to read this proposed Rule, 
and may file an electronic comment through that Web site. The 
Commission will consider all comments that regulations.gov forwards to 
it.
    Comments on any proposed filing, recordkeeping, or disclosure 
requirements that are subject to paperwork burden review under the 
Paperwork Reduction Act should be submitted to: Office of Information 
and Regulatory Affairs, Office of Management and Budget (``OMB''), 
Attention: Desk Officer for Federal Trade Commission. Comments should 
also be submitted via facsimile to (202) 395-6974 because U.S. postal 
mail at the OMB is subject to delays due to heightened security 
precautions.
    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this proceeding as 
appropriate. The Commission will consider all timely and responsive 
public comments that it receives, whether filed in paper or electronic 
form. Comments received will be available to the public on the FTC Web 
site, to the extent practicable, at http://www.ftc.gov. As a matter of 
discretion, the FTC makes every effort to remove home contact 
information for individuals from the public comments it receives before 
placing those comments on the FTC Web site. More information, including 
routine uses permitted by the Privacy Act, may be found in the FTC's 
privacy policy, at http://www.ftc.gov/ftc/privacy.htm.
    Because written comments appear adequate to present the views of 
all interested parties, the Commission has not scheduled an oral 
hearing for these amendments. Interested parties may request an 
opportunity to present views orally. If such a request is made, the 
Commission will publish a document in the Federal Register, stating the 
time and place for such oral presentation(s) and describing the 
procedures that will be followed. Interested parties who wish to 
present oral views must submit, on or before March 31, 2008, a written 
comment that describes the issues on which the party wishes to speak. 
If there is no oral hearing, the Commission will base its decision on 
the written rulemaking record.

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: As directed by the Energy Independence and 
Security Act of 2007 (``EISA'' or ``Act'') (Pub. L. 110-140), the 
Commission is proposing amendments to the Appliance Labeling Rule (16 
CFR Part 305) that would create new labeling requirements for metal 
halide lamp fixture packaging and ballasts contained within those 
fixtures.\2\ This Notice provides a description of these products, 
information about EISA's requirements, and a description of the FTC's 
proposed amendments to implement that law. The Notice also states 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 specific questions for comment and analysis under 
the Paperwork Reduction Act and Regulatory Flexibility Act.
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    \2\ In accordance with 42 U.S.C. 6306(a)(1), this proceeding is 
being conducted pursuant to section 553 of the Administrative 
Procedure Act (5 U.S.C. 553) except that interested persons shall 
have an opportunity to present written and oral data, views, and 
arguments.
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I. Labeling for Metal Halide Lamp Fixtures

    Section 324(d) of the EISA amends the Energy Policy and 
Conservation Act (42 U.S.C. 6291 et seq.) (``EPCA'') to require the 
Federal Trade Commission to issue labeling rules for metal halide lamp 
fixture packaging and ballasts that are subject to Department of Energy 
(``DOE'') efficiency standards issued pursuant to 42 U.S.C. 6295. Under 
EISA, the Commission must prescribe the labeling 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.'' \3\ These lamps produce a bright, white light and 
offer high color rendition compared to other high-intensity lighting. 
They are used to light large indoor areas, such as gymnasiums and 
sports arenas, as well as outdoor areas, such as car lots.\4\ As 
discussed below, the Commission is proposing labeling rules for metal 
halide lamp fixtures consistent with the directive of EISA.
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    \3\ 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.''
    \4\ 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 that 
metal halide lamp fixture packages and the ballasts in those fixtures 
be labeled conspicuously with ``a capital letter `E' printed within a 
circle.'' \5\ Consistent with the labeling requirements for other 
lighting products, the encircled ``E'' will indicate that the product 
meets applicable DOE energy efficiency standards.\6\ Because EISA 
excludes some metal halide lamp fixture types from those efficiency 
standards,\7\ the FTC labeling will aid consumers in

[[Page 17265]]

identifying which products are covered by the DOE standards.
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    \5\ 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 require labeling for metal halide lamps 
themselves.
    \6\ 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, and 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.
    \7\ 42 U.S.C. 6295(hh)(1)(B).
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    The Commission is proposing amendments to the Appliance Labeling 
Rule to implement EISA's directive with regard to metal halide lamp 
fixtures and ballasts. First, consistent with the definition provided 
in EISA, the amendments provide descriptions of metal halide ballasts 
and metal halide lamp fixtures in the Rule's list of covered products 
at section 305.2.\8\ Second, the proposed amendments (305.15) require 
that the encircled ``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 would 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.\9\
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    \8\ The proposed description of (metal halide lamp fixture 
(Sec.  305.3(u)) indicates that only such fixtures subject to DOE 
efficiency standards are covered by the Rule.
    \9\ These proposed labeling requirements track existing 
requirements for fluorescent lamp ballasts and luminaires (see 16 
CFR 305.15(a)&(b)). Indeed, the statutory language in EPCA for 
fluorescent lamp ballasts and luminaires is very similar to that 
applicable to metal halide products. See 42 U.S.C. 6294(a)(2)(B).
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    Third, in addition to the proposed package and product labeling 
requirements, the amendments (305.20) would require retail catalog 
sellers to include the capital letter ``E'' printed within a circle in 
their descriptions of metal halide lamp fixtures.\10\ The proposed 
changes also would require disclosures in point of sale promotional 
material as required for other products (305.19).\11\ Finally, 
consistent with requirements for other covered products, the proposed 
amendments would add reporting requirements for metal halide lamp 
fixtures in section 305.8 of the Rule.\12\
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    \10\ EPCA requires energy disclosures for catalog sellers of 
covered products. (42 U.S.C. 6296(a)).
    \11\ 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 (Sec.  305.19(a)(2)).
    \12\ Under section 305.8, the proposed rule would 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 would be March 1.
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II. 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 that ``will 
help consumers to understand new high-efficiency lamp products and to 
base the purchase decisions of the consumers on the most appropriate 
source that meets the requirements of the consumers for lighting level, 
light quality, lamp lifetime, and total lifecycle cost.'' \13\ In order 
to meet the Congressional deadline for metal halide lamp fixture 
labeling requirements, the Commission will initiate the rulemaking on 
lamp label effectiveness separately at a future date.
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    \13\ EISA section 321(b) (42 U.S.C. 6294(d)(2)(I)).
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III. Questions for Comment

    The Commission seeks comments on all aspects of this proposed rule. 
All comments should be filed as prescribed in the ADDRESSES section 
above, and must be received on or before April 28, 2008. We ask that 
commenters address the following questions:
    (1) What costs or burdens, or any other impacts, do the proposed 
requirements impose, and on whom? What evidence supports the asserted 
costs, burdens, or other impacts?
    (2) What modifications, if any, should be made to the proposed 
requirements to increase their benefits to consumers?
    (a) What evidence supports your proposed modifications? Please 
submit any such evidence.
    (b) How would these modifications affect the costs and benefits of 
the proposed requirements for consumers?
    (c) How would these modifications affect the costs and benefits of 
the proposed requirements for businesses, and in particular, small 
businesses?
    (3) What modifications, if any, should be made to the proposed 
requirements to decrease their burdens on businesses?
    (a) What evidence supports your proposed modifications? Please 
submit any such evidence.
    (b) How would these modifications affect the costs and benefits of 
the proposed requirements for consumers?
    (c) How would these modifications affect the costs and benefits of 
the proposed requirements for businesses, and in particular, small 
businesses?
    (4) Are the proposed reporting requirements in section 305.8 
appropriate? If not, should the Rule request different, more, or less 
information? If so, what information should be required? What evidence 
supports your answer(s)?

IV. Paperwork Reduction Act

    The proposed requirements for package, 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. 3501-3520) 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 OMB 
regulations.\14\ The proposed data reporting for metal halide lamp 
ballast manufacturers, however, would constitute a ``collection of 
information.'' \15\ Consistent with past estimates for fluorescent 
ballast manufacturers, we expect such reporting would require six hours 
per manufacturer. We estimate that there are approximately 20 
manufacturers of metal halide lamp fixtures.\16\ Accordingly, we 
estimate the reporting burden for these entities to be 120 hours. In 
addition, consistent with past estimates for fluorescent ballast 
manufacturers, we estimate that the yearly recordkeeping burden for 
metal halide manufacturers will be no more than 2 hours each or 40 
hours total (2 hours x 20 manufacturers). Therefore, the total 
estimated annual burden of the proposed amendments is 160 hours. The 
Commission seeks comment on this estimate.
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    \14\ 5 CFR 1320.3(c)(2).
    \15\ The proposed rule would impose no reporting requirements on 
catalog sellers.
    \16\ 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. We estimate that only a small fraction of 
those companies manufacture metal halide lamp fixtures. See http://www.census.gov/econ/census02/guide/INDRPT31.HTM (Codes 335110, 
335121, and 335122).
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V. Regulatory Flexibility Act

    The Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601-612, 
requires that the Commission provide an Initial Regulatory Flexibility 
Analysis (``IRFA'') with a proposed Rule and a Final Regulatory 
Flexibility Analysis (``FRFA''), if any, with the final rule, unless 
the Commission 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. The Commission does not anticipate that the proposed Rule will 
have a significant economic impact on a substantial number of small 
entities because the burdens of the rule are not significant and the 
number of affected entities are limited. Accordingly, this document 
serves as notice to the Small Business Administration of the FTC's 
certification of no effect.

[[Page 17266]]

    To ensure the accuracy of this certification, however, the 
Commission requests comment on whether the proposed Rule will have a 
significant impact on a substantial number of small entities, including 
specific information on the number of entities that would be covered by 
the proposed Rule, the number of these companies that are small 
entities, and the average annual burden for each entity. Moreover, 
although the Commission certifies under the RFA that the rule proposed 
in this notice would not, if promulgated, have a significant impact on 
a substantial number of small entities, the Commission has determined, 
nonetheless, to publish an IRFA in order to inquire into the impact of 
the proposed Rule on small entities as follows:

A. Description of the Reason That Action by the Agency Is Being Taken

    Section 324 of EISA requires the Commission to issue labeling rules 
for metal halide lamp products. EISA specifies the content of such 
labels. Also, the Federal Trade Commission is charged with enforcing 
the requirements of 42 U.S.C. 6294, which require the agency to issue 
this rule.

B. Statement of the Objectives of, and Legal Basis for, the Proposed 
Rule

    The objective of the proposed Rule is to establish energy labeling 
requirements for metal halide lamp fixtures and ballasts. Section 324 
of EISA requires the Commission to issue labeling rules for metal 
halide lamp products. EISA specifies the content of such labels.

C. Small Entities To Which the Proposed Rule 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 IV 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 
Web site 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 an encircled ``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.
    The Commission seeks comment and information with regard to the 
estimated number or nature of small business entities for which the 
proposed Rule would have a significant economic impact.

D. Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    The Commission recognizes that the proposed 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 proposed amendments require that labels for 
metal halide lamp fixtures and ballasts, and point-of-sale promotional 
material for fixtures, disclose an ``E'' within a circle. Manufacturers 
already include information on packages and ballasts in the ordinary 
course of business. The Rule would require manufactures to reformat 
their labels one time to include the encircled ``E'' symbol. The 
proposed requirement that catalog sellers include the encircled ``E'' 
in their product descriptions would involve the same, one-time change 
to all of the metal halide lamp fixtures in the seller's catalog. 
Similarly, the Rule would contain 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 to comply with the rule. The 
Commission does not expect that the labeling requirements will impose 
significant incremental costs for Web sites or other advertising. Thus, 
the Commission anticipates that, in total, the burdens imposed by the 
proposed amendment should not be significant on any particular entity. 
The Commission invites comment and information on these issues.

E. Duplicative, Overlapping, or Conflicting Federal Rules

    The Commission has not identified any other federal statutes, 
rules, or policies that would duplicate, overlap, or conflict with the 
proposed Rule. The Commission invites comment and information on this 
issue.

F. Significant Alternatives to the Proposed Rule

    The proposed amendments closely track the prescriptive requirements 
of the statute, and thus leave little room for significant alternatives 
to decrease the burden on regulated entities. Nevertheless, the 
Commission seeks comment and information on the need, if any, for 
alternative compliance methods that, consistent with the statutory 
requirements, would reduce the economic impact of the rule on small 
entities. Congress has specified due dates for the Rule's promulgation 
and its applicability to affected entities. Accordingly, the Commission 
has no discretion as to the timing of the Rule's implementation. If the 
comments filed in response to this notice identify small entities that 
are affected by the Rule, as well as alternative methods of compliance 
that would reduce the economic impact of the rule on such entities, the 
Commission will consider the feasibility of such alternatives and 
determine whether they should be incorporated into the Final Rule.

VI. Proposed 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 proposes 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.

    2. In Sec.  305.2, in paragraph (k)(2), add the phrase ``metal 
halide lamp fixtures,'' after the phrase ``fluorescent lamp ballasts,'' 
revise paragraph (l)(21), and add paragraph (l)(22) to read as follows:


Sec.  305.2  Definitions.

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

[[Page 17267]]

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


Sec.  305.3  Description of covered products.

* * * * *
    (s) Metal halide ballast means a ballast used to start and operate 
metal halide lamps.
    (t) 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.
    (u) 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.
* * * * *
    4. Section 305.8 is amended as follows:
    a. In paragraph (a)(1) of section 305.8, add the phrase ``metal 
halide lamp fixtures,'' after the phrase ``fluorescent lamp 
ballasts,''.
    b. Add paragraph (a)(5).
    c. Revise paragraph (b)(1)


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; 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:

------------------------------------------------------------------------
                                                   Deadline for data
              Product category                        submission
------------------------------------------------------------------------
Refrigerators...............................  Aug. 1
Refrigerator-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..................  Mar. 1
Fluorescent lamps...........................  Mar. 1
                                              [Stayed]
Medium Base Compact Fluorescent Lamps.......  Mar. 1
                                              [Stayed]
Incandescent Lamps, incl. Reflector Lamps...  Mar. 1
                                              [Stayed]
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* * * * *


Sec.  305.10  [Amended]

    5. In paragraph (a) of Sec.  305.10, add the phrase ``metal halide 
lamp fixtures,'' after the phrase ``fluorescent lamp ballasts,''.
    6. In Sec.  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 
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. The encircled capital 
letter ``E'' must also appear conspicuously on any documentation that 
would normally accompany such a pallet load. The encircled capital 
letter ``E'' may appear on a label affixed to the sheeting or may be 
indelibly stamped on the sheeting. It may be printed on the 
documentation, printed on a separate label that is affixed to the 
documentation or indelibly stamped on the documentation.
    7. In paragraph (a)(1) of Sec.  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''.
* * * * *

[[Page 17268]]

    8. In paragraph (a) of Sec.  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 Web sites.

* * * * *
    (e) Any manufacturer, distributor, retailer, or private labeler who 
advertises metal halide lamp fixtures manufactured on or after January 
1, 2009 in a catalog, 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.
Donald S. Clark,
Secretary.
 [FR Doc. E8-6566 Filed 3-31-08; 8:45 am]
BILLING CODE 6750-01-P