[Federal Register Volume 73, Number 206 (Thursday, October 23, 2008)]
[Rules and Regulations]
[Pages 63066-63068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25225]


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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: Final rule; correction.

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

DATES: The corrections published in this document will become effective 
on January 1, 2009.

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

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, (202) 326-2889, 
Attorney, Division of Enforcement, Bureau of Consumer Protection, 
Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 
20580.

SUPPLEMENTARY INFORMATION:

I. Background

    Over the last two years, the Commission has issued amendments to 
its Appliance Labeling Rule (16 CFR Part 305) in three separate 
proceedings related to: (1) ceiling fan labels (71 FR 78064 (Dec. 28, 
2006)), (2) appliance label designs (72 FR 49948 (Aug. 29, 2007)), and 
(3) metal halide lamp fixtures (73 FR 39221 (July 9, 2008)). The 
effective dates of these three sets of amendments differ. The label 
design amendments became effective on February 29, 2008 while the 
ceiling fan and metal halide amendments will both become effective on 
January 1, 2009. Because the publication of the ceiling fan amendments 
preceded the label design amendments, the amendatory instructions in 
the ceiling fan Federal Register Notice are not consistent with the 
existing Rule provisions. For example, the label design amendments 
created new section numbers and whole provisions that were not extant 
at the time the ceiling fan amendments were published. Therefore, the 
citations for the ceiling fan amendments are no longer accurate. To 
harmonize the various amendments, the Commission is consolidating the 
ceiling fan and metal halide amendments in a format consistent with the 
Rule's current provisions. The corrections included in this Notice 
contain no substantive changes to these previously announced Rule 
amendments.\1\
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    \1\ In addition to these conforming changes necessary to 
harmonize the amendments, this Notice contains three non-substantive 
changes. First, section 305.20 has been changed to clarify that the 
catalog disclosure requirements in section 305.20(a) do not apply to 
ceiling fans (instead, section 305.20(f) contains the catalog 
requirements for ceiling fans). Second, this Notice places the 
ceiling fan labeling requirements in a new section (305.13 Labeling 
for ceiling fans). Third, in the sample ceiling fan label in 
Appendix L, the airflow efficiency number has been corrected to 
match the airflow and electricity use numbers on that label.
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II. Administrative Procedure Act

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

III. Regulatory Flexibility Act

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

IV. Paperwork Reduction Act

    In a June 13, 1988 notice (53 FR 22106), the Commission stated that 
the Rule contains disclosure and reporting requirements that constitute 
``information collection requirements'' as defined by 5 CFR 1320.7, the 
regulation that implements the Paperwork Reduction Act.\2\ The 
Commission noted that the Rule had been reviewed and approved in 1984 
by the Office of Management and Budget (``OMB'') and assigned OMB 
Control No. 3084-0068. OMB has reviewed the Rule and extended its 
approval for its recordkeeping and reporting requirements until May 31, 
2011. The amendments now being adopted do not change the substance or 
frequency of the recordkeeping, disclosure, or reporting requirements 
and, therefore, do not require further OMB clearance.
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    \2\ 44 USC 3501-3520.
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List of Subjects in 16 CFR Part 305

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

0
For the reasons stated in the preamble, the Federal Trade Commission 
amends 16 CFR Part 305 as amended at 71 FR 78064, December 28, 2006 and 
73 FR 39221, July 9, 2008, as follows:

PART 305--[AMENDED]

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

    Authority: 42 U.S.C. 6294.

0
2. Section 305.2 is amended as follows:
0
a. Revise paragraphs (l)(21) and (l)(22) and add paragraph (l)(23); and
0
b. Revise paragraph (p).
0
The addition and revisions read as follows:


Sec.  305.2  Definitions.

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

[[Page 63067]]

classifies as a covered product under section 322(b) of the Act (42 
U.S.C. 6292).
* * * * *
    (p) Energy efficiency rating means the following product-specific 
energy usage descriptors: annual fuel utilization efficiency (AFUE) for 
furnaces; energy efficiency ratio (EER) for room air conditioners; 
seasonal energy efficiency ratio (SEER) for the cooling function of 
central air conditioners and heat pumps; heating seasonal performance 
factor (HSPF) for the heating function of heat pumps; airflow 
efficiency for ceiling fans; and, thermal efficiency (TE) for pool 
heaters, as these descriptors are determined in accordance with tests 
prescribed under section 323 of the Act (42 U.S.C. 6293). These 
product-specific energy usage descriptors shall be used in satisfying 
all the requirements of this part.
* * * * *

0
3. In section 305.3, revise paragraphs (s) and (t) 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.
    (t) Ceiling fan means a nonportable device that is suspended from a 
ceiling for circulating air via the rotation of fan blades. The 
requirements of this part are limited to those ceiling fans for which 
the Department of Energy has adopted and published test procedures for 
measuring energy usage.
* * * * *

0
4. Revise Sec.  305.5(a)(11) to read as follows:


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

    (a) * * *
    (11) Ceiling Fans--Sec.  430.23.
* * * * *

0
5. Revise Sec.  305.7(l) to read as follows:


Sec.  305.7  Determinations of capacity.

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

0
6. In Sec.  305.8, revise paragraph (a)(1), (a)(5), and (b)(1) to read 
as follows:


Sec.  305.8  Submission of data.

    (a)(1) Each manufacturer of a covered product (except manufacturers 
of fluorescent lamp ballasts, metal halide lamp fixtures, showerheads, 
faucets, water closets, urinals, general service fluorescent lamps, 
medium base compact fluorescent lamps, or general service incandescent 
lamps including incandescent reflector lamps) shall submit annually to 
the Commission a report listing the estimated annual energy consumption 
(for refrigerators, refrigerator-freezers, freezers, clothes washers, 
dishwashers, and water heaters) or the energy efficiency rating (for 
room air conditioners, central air conditioners, heat pumps, furnaces, 
ceiling fans, and pool heaters) for each basic model in current 
production, determined according to Sec.  305.5 and statistically 
verified according to Sec.  305.6. The report must also list, for each 
basic model in current production: the brand name; the model numbers 
for each basic model; the total energy consumption, determined in 
accordance with Sec.  305.5, used to calculate the estimated annual 
energy consumption or energy efficiency rating; the number of tests 
performed; and, its capacity, determined in accordance with Sec.  
305.7. For those models that use more than one energy source or more 
than one cycle, each separate amount of energy consumption, measured in 
accordance with Sec.  305.5, shall be listed in the report. Starting 
serial numbers or other numbers identifying the date of manufacture of 
covered products shall be submitted whenever a new basic model is 
introduced on the market. For ceiling fans, the report shall contain 
the fan diameter in inches and also shall contain efficiency ratings, 
energy consumption, and capacity at high speed.
* * * * *
    (5) Each manufacturer of a metal halide lamp fixture shall submit 
annually to the Commission a report for each basic model of metal 
halide lamp fixture in current production. The report shall contain the 
following information:
    (i) Name and address of manufacturer;
    (ii) All trade names under which the metal halide lamp fixture is 
marketed;
    (iii) Model number;
    (iv) Starting serial number, date code or other means of 
identifying the date of manufacture (date of manufacture information 
must be included with only the first submission for each basic model);
    (v) Type of ballast (e.g., pulse, probe, or electronic);
    (vi) Nominal input voltage and frequency;
    (vii) Ballast efficiency (as determined pursuant to 42 U.S.C. 
6293(b)(18)); and
    (viii) Lamp type and wattage (or range of wattages) with which the 
metal halide lamp fixture is designed to be used.
* * * * *
    (b)(1) All data required by Sec.  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
Refrigerators-freezers......................  Aug. 1
Freezers....................................  Aug. 1
Central air conditioners....................  July 1
Heat pumps..................................  July 1
Dishwashers.................................  June 1
Water heaters...............................  May 1
Room air conditioners.......................  May 1
Furnaces....................................  May 1
Pool heaters................................  May 1
Clothes washers.............................  Oct. 1
Fluorescent lamp ballasts...................  Mar. 1
Showerheads.................................  Mar. 1
Faucets.....................................  Mar. 1
Water closets...............................  Mar. 1
Ceiling fans................................  Mar. 1
Urinals.....................................  Mar. 1
Metal halide lamp fixtures..................  Sept. 1
Fluorescent lamps...........................  Mar. 1 [Stayed]
Medium Base Compact Fluorescent Lamps.......  Mar. 1 [Stayed]
Incandescent Lamps, incl. Reflector Lamps...  Mar. 1 [Stayed]
------------------------------------------------------------------------

* * * * *

0
7. Revise paragraph (a) in Sec.  305.10 to read as follows:


Sec.  305.10  Ranges of comparability on the required labels.

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

[[Page 63068]]

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

0
8. Add Sec.  305.13 to read as follows:


Sec.  305.13  Labeling for ceiling fans.

    (a) Ceiling Fans. (1) Content. Any covered product that is a 
ceiling fan shall be labeled clearly and conspicuously on the principal 
display panel with the following information in order from top to 
bottom on the label:
    (i) The words ``ENERGY INFORMATION'' shall appear at the top of the 
label with the words ``at High Speed'' directly underneath;
    (ii) The product's airflow at high speed expressed in cubic feet 
per minute and determined pursuant to Sec.  305.5 of this part;
    (iii) The product's electricity usage at high speed expressed in 
watts and determined pursuant to Sec.  305.5 of this part, including 
the phrase ``excludes lights'' as indicated in Ceiling Fan Label 
Illustration of Appendix L of this part;
    (iv) The product's airflow efficiency rating at high speed 
expressed in cubic feet per minute per watt and determined pursuant to 
Sec.  305.5 of this part;
    (v) The following statement shall appear on the label for fans 
fewer than 49 inches in diameter: ``Compare: 36'' to 48'' ceiling fans 
have airflow efficiencies ranging from approximately 71 to 86 cubic 
feet per minute per watt at high speed.'';
    (vi) The following statement shall appear on the label for fans 49 
inches or more in diameter: ``Compare: 49'' to 60'' ceiling fans have 
airflow efficiencies ranging from approximately 51 to 176 cubic feet 
per minute per watt at high speed.''; and
    (vii) The following statements shall appear at the bottom of the 
label as indicated in Ceiling Fan Label Illustration of Appendix L of 
this part: ``Money-Saving Tip: Turn off fan when leaving room.''
    (2) Label Size and Text Font. The label shall be four inches wide 
and three inches high. The text font shall be Arial or another 
equivalent font. The text on the label shall be black with a white 
background. The label's text size and content, and the order of the 
required disclosures shall be consistent with Ceiling Fan Label 
Illustration of Appendix L of this part.
    (3) Placement. The ceiling fan label shall be printed on the 
principal display panel of the product's packaging.
    (4) Additional Information: No marks or information other than that 
specified in this part shall appear on this label, except a model name, 
number, or similar identifying information.
    (b) [Reserved]

0
9. In Sec.  305.15, revise 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.

0
10. Section 305.20 is amended as follows:
0
a. In paragraph (a) of Sec.  305.20, add the phrase ``ceiling fan,'' 
after the word ``except.''
0
b. Revise paragraph (e) and add a new paragraph (f) 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.
    (f) Any manufacturer, distributor, retailer, or private labeler who 
advertises a covered product that is a ceiling fan in a catalog, from 
which it may be purchased, shall disclose clearly and conspicuously in 
such catalog, on each page that lists the covered product, all the 
information concerning the product required by Sec.  305.13(a)(1).
    By direction of the Commission.

Donald S. Clark,
Secretary.
[FR Doc. E8-25225 Filed 10-22-08: 8:45 am]
[BILLING CODE: 6750-01-S]