Final Amendments by ewi40027

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									                                                               Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Rules and Regulations                                             39221

                                           the specific dates and times established in                List of Subjects in 14 CFR Part 71                    FR 15061), Docket No. FAA–2008–0161;
                                           advance by a Notice to Airmen. The effective                                                                     Airspace Docket No. 08–AEA–13. The
                                           date and time will thereafter be continuously               Airspace, Incorporation by reference,
                                                                                                      Navigation (Air).                                     FAA uses the direct final rulemaking
                                           published in the Airport/Facility Directory.                                                                     procedure for a non-controversial rule
                                           *       *      *       *       *                           Withdrawal of the Rule                                where the FAA believes that there will
                                             Issued in Fort Worth, TX, on June 27, 2008.                                                                    be no adverse public comment. This
                                                                                                      I Accordingly, pursuant to the authority
                                           Donald R. Smith,                                                                                                 direct final rule advised the public that
                                                                                                      delegated to me, Airspace Docket No.
                                           Manager, Operations Support Group, ATO                                                                           no adverse comments were anticipated,
                                                                                                      08–ASW–5, as published in the Federal
                                           Central Service Center.                                                                                          and that unless a written adverse
                                                                                                      Register on April 14, 2008 (73 FR
                                           [FR Doc. E8–15237 Filed 7–8–08; 8:45 am]                                                                         comment, or a written notice of intent
                                                                                                      19997), is hereby withdrawn.
                                           BILLING CODE 4910–13–M
                                                                                                                                                            to submit such an adverse comment,
                                                                                                        Authority: 49 U.S.C. 106(g); 40103, 40113,          were received within the comment
                                                                                                      40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–           period, the regulation would become
                                                                                                      1963 Comp., p. 389.                                   effective on September 25, 2008. No
                                           DEPARTMENT OF TRANSPORTATION
                                                                                                        Issued in Fort Worth, TX, on June 27, 2008.         adverse comments were received, and
                                           Federal Aviation Administration                            Donald R. Smith,                                      thus this notice confirms that effective
                                                                                                      Manager, Operations Support Group, ATO                date.
                                           14 CFR Part 71                                             Central Service Center.                               *     *     *     *     *
                                                                                                      [FR Doc. E8–15235 Filed 7–8–08; 8:45 am]                Issued in College Park, Georgia, on June 4,
                                           [Docket No. FAA–2008–0339; Airspace                        BILLING CODE 4910–13–M                                2008.
                                           Docket No. 08–ASW–5]                                                                                             Mark D. Ward,
                                           Amendment of Class D and Class E                                                                                 Manager, Operations Support Group, Eastern
                                                                                                      DEPARTMENT OF TRANSPORTATION
                                                                                                                                                            Service Center, Air Traffic Organization.
                                           Airspace; Altus AFB, OK
                                                                                                      Federal Aviation Administration                       [FR Doc. E8–15236 Filed 7–8–08; 8:45 am]
                                           AGENCY:Federal Aviation                                                                                          BILLING CODE 4910–13–M
                                           Administration (FAA), DOT.                                 14 CFR Part 71
                                           ACTION:     Direct final rule; withdrawal.                 [Docket No. FAA–2008–0160; Airspace
                                                                                                      Docket No. 08–AEA–13]                                 FEDERAL TRADE COMMISSION
                                           SUMMARY:   A direct final rule, published
                                           in the Federal Register April 14, 2008                     Establishment of Class E Airspace;                    16 CFR Part 305
                                           (73 FR 19997) docket No. FAA–2008–                         Milford, PA                                           RIN 3084–AA74
                                           0339, adding additional Class D and
                                           Class E airspace at Altus AFB, Altus,                      AGENCY:   Federal Aviation
                                                                                                                                                            Rule Concerning Disclosures
                                           OK, is being withdrawn. Although the                       Administration (FAA), DOT.
                                                                                                                                                            Regarding Energy Consumption and
                                           rule became effective June 5, 2008,                        ACTION: Final rule, confirmation of                   Water Use of Certain Home Appliances
                                           charting of this airspace was never                        effective date.                                       and Other Products Required Under
                                           completed. A new rulemaking will be                                                                              the Energy Policy and Conservation
                                                                                                      SUMMARY: This action confirms the
                                           forthcoming with an effective date that                                                                          Act (‘‘Appliance Labeling Rule’’)
                                                                                                      effective date of a direct final rule
                                           coincides with the new charting date.
                                                                                                      published in the Federal Register (73                 AGENCY:   Federal Trade Commission
                                           DATES:      Effective Date: 0901 UTC July 9,               FR 15061) that establishes Class E                    (‘‘FTC’’ or ‘‘Commission’’).
                                           2008.                                                      Airspace at Milford, PA to support a                  ACTION: Final Rule.
                                           FOR FURTHER INFORMATION CONTACT:  Gary                     new Area Navigation (RNAV) Global
                                           Mallett, Central Service Center,                           Positioning System (GPS) Special                      SUMMARY: Section 324 of the Energy
                                           Operations Support Group, Federal                          Instrument Approach Procedure (IAP)                   Independence and Security Act of 2007
                                           Aviation Administration, Southwest                         that has been developed for medical                   requires the Commission to issue
                                           Region, 2601 Meacham Blvd., Fort                           flight operations into the Myer Airport.              labeling rules for metal halide lamp
                                           Worth, Texas 76193–0530; telephone                         DATES: Effective 0901 UTC, September                  fixtures and ballasts. In accordance with
                                           number (817) 222–4949.                                     25, 2008. The Director of the Federal                 this directive, the Commission has
                                                                                                      Register approves this incorporation by               completed the required rulemaking and
                                           SUPPLEMENTARY INFORMATION:
                                                                                                      reference action under title 1, Code of               is publishing final amendments to the
                                           History                                                    Federal Regulations, part 51, subject to              Appliance Labeling Rule (‘‘Rule’’).
                                                                                                      the annual revision of FAA Order                      DATES: The amendments published in
                                              On April 14, 2008, the FAA published
                                                                                                      7400.9 and publication of conforming                  this final rule will become effective on
                                           a direct final rule; request for comments,
                                                                                                      amendments.                                           January 1, 2009.
                                           in the Federal Register (73 FR 19997)
                                           Docket No. FAA–2008–0339, amending                         FOR FURTHER INFORMATION CONTACT:                      ADDRESSES: Requests for copies of this
                                           the existing Class D and Class E airspace                  Melinda Giddens, System Support                       document are available from: Public
                                           areas at Altus AFB, Altus, OK. No                          Group, Eastern Service Center, Federal                Reference Branch, Room 130, Federal
                                           comments were received therefore the                       Aviation Administration, P.O. Box                     Trade Commission, 600 Pennsylvania
                                           rule became effective on the date                          20636, Atlanta, Georgia 30320;                        Avenue, NW., Washington, DC 20580.
                                           specified, June 5, 2008. It was then                       telephone (404) 305–5610.                             The complete record of this proceeding
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                                           determined that the airspace had not                       SUPPLEMENTARY INFORMATION:                            is also available at that address.
                                           been charted. Therefore, the FAA is                                                                              Relevant portions of the proceeding,
                                           withdrawing this rulemaking and will                       Confirmation of Effective Date                        including this document, are available
                                           issue a new rulemaking with a new                            The FAA published this direct final                 at http://www.ftc.gov.
                                           effective date to coincide with the                        rule with a request for comments in the               FOR FURTHER INFORMATION CONTACT:
                                           charting date.                                             Federal Register on March 21, 2008 (73                Hampton Newsome, (202) 326–2889,


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                                           39222               Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Rules and Regulations

                                           Attorney, Division of Enforcement,                        large indoor areas, such as gymnasiums                 conspicuously disclosed in color-
                                           Bureau of Consumer Protection, Federal                    and sports arenas, as well as outdoor                  contrasting ink on the label of metal
                                           Trade Commission, 600 Pennsylvania                        areas, such as car lots.2 As discussed                 halide lamp fixture packages and the
                                           Avenue, NW., Washington, DC 20580.                        below, the Commission is issuing                       ballasts contained in those fixtures.
                                           SUPPLEMENTARY INFORMATION: As                             labeling rules for metal halide lamp                   Consistent with current requirements
                                           directed by the Energy Independence                       fixtures consistent with the directive of              for similar products, this disclosure will
                                           and Security Act of 2007 (‘‘EISA’’ or                     EISA.                                                  be deemed conspicuous, in terms of
                                           ‘‘Act’’) (Pub. L. 110–140), the                              Specifically, EISA directs the FTC to               size, if it appears in typeface at least as
                                           Commission has conducted a                                issue a rule requiring manufacturers to                large as either the manufacturer’s name
                                           rulemaking to create new labeling                         label metal halide lamp fixture packages               or another logo disclosed on the label
                                           requirements for the Appliance Labeling                   and the ballasts in those fixtures with ‘‘a            (e.g., ‘‘UL’’ or ‘‘ETL’’), whichever is
                                           Rule (16 CFR Part 305) for metal halide                   capital letter ‘E’ printed within a                    larger.7
                                           lamp fixture packaging and ballasts                       circle.’’3 The encircled capital letter ‘‘E’’             Third, the amendments (§ 305.20)
                                           contained within those fixtures. On                       (i.e., circle ‘‘E’’) will indicate that the            require retail catalog sellers to include
                                           April 1, 2008, the Commission                             product meets applicable DOE energy                    the circle ‘‘E’’ in their descriptions of
                                           published a Notice of Proposed                            efficiency standards consistent with the               metal halide lamp fixtures.8 The final
                                           Rulemaking (‘‘NPRM’’) seeking                             labeling requirements for other lighting               amendments also require the circle ‘‘E’’
                                           comment on draft labeling requirements                    products.4 Because EISA excludes some                  disclosures in point of sale promotional
                                           for halide lamp fixtures (63 FR 17263).                   metal halide lamp fixture types from                   material as required for other covered
                                           The Commission is now publishing                          those efficiency standards5 and the FTC                products (§ 305.19).9
                                                                                                     labeling requirements only apply to                       Finally, consistent with requirements
                                           final amendments to the Rule. In
                                                                                                     products that meet the DOE standards,                  for other covered products, the final
                                           support of these amendments, this
                                                                                                     the circle ‘‘E’’ will aid consumers in                 amendments add reporting
                                           Notice provides information about
                                                                                                     identifying products that satisfy the                  requirements for metal halide lamp
                                           EISA’s requirements, a description of
                                                                                                     DOE standard.                                          fixtures to section 305.8 of the Rule.10
                                           the FTC’s amendments to implement
                                                                                                        B. FTC’s Final Requirements: In its
                                           that law, and a discussion of comments                                                                           II. Comments Received in Response to
                                                                                                     NPRM, the Commission proposed
                                           received in response to the proposed                                                                             Proposed Rule
                                                                                                     amendments to the Appliance Labeling
                                           amendments. The Notice also explains                                                                                The Commission received one written
                                                                                                     Rule to implement EISA’s directive. The
                                           that the FTC will be conducting a                                                                                comment in response to the NPRM. The
                                                                                                     final amendments follow the proposed
                                           separate rulemaking in the future                         rule provision (with some minor                        comment, submitted by the National
                                           related to energy disclosures for lamp                    exceptions explained in Section II of                  Electrical Manufacturers Association
                                           products as required by EISA. Finally,                    this Notice). There are four basic                     (‘‘NEMA’’), raised four issues.
                                           this Notice contains analysis under the                   elements to the final amendments.                      Specifically, it requested that the
                                           Paperwork Reduction Act and                                  First, the amendments insert metal                  Commission: 1) extend the deadline for
                                           Regulatory Flexibility Act.                               halide lamp fixtures into the list of                  the publishers of printed catalogs to
                                           I. Labeling for Metal Halide Lamp                         covered products at Section 305.2 and                  meet the Rule’s requirements; 2)
                                           Fixtures                                                  include metal halide lamp fixtures in                  eliminate the proposed annual reporting
                                                                                                     the descriptions of covered products at                requirement; 3) eliminate the proposed
                                              A. EISA’s Directive: Section 324(d) of
                                                                                                     Section 305.3.6                                        requirement that manufacturers include
                                           EISA amends the Energy Policy and                            Second, the amendments (§ 305.15(c))                the circle ‘‘E’’ on shipping documents
                                           Conservation Act (42 U.S.C. 6291 et                       require that the circle ‘‘E’’ be clearly and           for metal halide products; and 4)
                                           seq.) (‘‘EPCA’’) to require the
                                                                                                                                                            consider adding a requirement that the
                                           Commission to issue labeling rules for                       2 See http://www.eere.energy.gov/consumer/ (‘‘A
                                                                                                                                                            circle ‘‘E’’ appear on metal halide
                                           metal halide lamp fixture packaging and                   Consumer’s Guide to Energy Efficiency and
                                                                                                                                                            fixtures themselves in addition to
                                           ballasts. The law limits these labeling                   Renewable Energy’’).
                                                                                                        3 42 U.S.C. 6294(a)(2)(C)(ii). EISA mandates FTC    packaging and ballasts. Each of these
                                           requirements to products that are
                                                                                                     labeling rules for metal halide lamp fixtures and      issues is addressed in turn.
                                           subject to Department of Energy                           ballasts contained in those fixtures. It does not         Printed Catalog Disclosures:
                                           (‘‘DOE’’) efficiency standards issued                     specifically require labeling for metal halide lamps   Consistent with requirements for other
                                           pursuant to 42 U.S.C. 6295. Under EISA,                   themselves.
                                                                                                                                                            products covered by the Rule, the
                                                                                                        4 Under EISA (42 U.S.C. 6294(a)(2)(C)), the FTC’s
                                           the Commission must prescribe these                                                                              amendments (§ 305.20) require retail
                                                                                                     labeling rules cover only those fixtures subject to
                                           rules by July 1, 2008. The statute also                   DOE efficiency standards issued pursuant to 42         catalog sellers to include the circle ‘‘E’’
                                           directs that the rules, once issued, must                 U.S.C. 6295. Section 324(e) of EISA (42 U.S.C.         in their descriptions of metal halide
                                           apply to any fixture manufactured on or                   6295(hh)) specifically mandates DOE energy
                                           after January 1, 2009.                                    standards for metal halide lamp fixtures. Those
                                                                                                                                                               7 These requirements track existing requirements
                                              EISA defines a ‘‘metal halide lamp’’ as                standards become effective on the same date as the
                                                                                                     FTC’s labeling requirements.                           for fluorescent lamp ballasts and luminaires (see 16
                                           a ‘‘high intensity discharge lamp in                         5 42 U.S.C. 6295(hh)(1)(B).                         CFR 305.15(a)&(b)).
                                           which the major portion of the light is                      6 These descriptions are the same as the
                                                                                                                                                               8 EPCA requires energy disclosures for catalog

                                           produced by radiation of metal halides                    definitions in EISA (see 42 U.S.C. 6291(62–64))        sellers of covered products. (42 U.S.C. 6296(a)).
                                                                                                                                                               9 EPCA authorizes the Commission to require
                                           and their products of dissociation,                       except that the FTC amendments limit the
                                                                                                     description of ‘‘metal halide lamp fixtures’’ to       such point of sale disclosures for covered products
                                           possibly in combination with metallic                     models subject to DOE efficiency standards. In         (42 U.S.C. 6294(c)(4)). The current Rule contains
                                           vapors.’’1 These lamps produce a bright,                  addition, in the final amendments, the descriptions    similar requirements for fluorescent lamp ballasts
                                           white light and offer high color                          of metal halide-related terms in section 305.3         (305.19(a)(2)).
                                                                                                     appear in a different order than in the proposed          10 Under Section 305.8, the final amendments
                                           rendition compared to other high-
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                                                                                                     amendments. In the proposed amendments, the            will require the submission of data including, but
                                           intensity lighting. They typically light                  descriptions implied that fixtures, lamps, and         not limited to, model number, voltage, and ballast
                                                                                                     ballasts are all separate covered products. In the     efficiency. The proposed due date for annual
                                             1 See Pub. L. 110–140, 324(a). The Act also             final amendments, the order and appearance of          reports of these products was March 1 of each year.
                                           contains definitions for ‘‘metal halide ballast’’ (used   these descriptions clarify that only ‘‘metal halide    As discussed in section II of this Notice, the
                                           to start and operate metal halide lamps) and ‘‘metal      lamp fixtures’’(not ballasts or lamps) are covered     reporting date in the final amendments is
                                           halide lamp fixture.’’                                    products.                                              September 1 of each year.



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                                                              Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Rules and Regulations                                                    39223

                                           lamp fixtures. Such catalogs include                     change does not eliminate the annual                  requirement would ‘‘provide more
                                           websites and traditional paper catalogs.                 reporting requirement, it will give                   visibility for the enforcement of the law
                                           In its comments, NEMA sought more                        manufacturers more time to gather data                and ensure that compliant
                                           time to allow manufacturers to revise                    on their models for the initial (2009)                manufacturers remain competitive.’’
                                           their paper catalogs because it was                      report. Once manufacturers have                          The Commission has considered
                                           concerned that manufacturers would                       assembled their data for the first (2009)             NEMA’s suggestion and decided not to
                                           incur large costs reprinting paper                       annual report, they should be able to                 require the disclosure on fixtures at this
                                           catalogs outside of their standard                       use that data as a starting point for                 time. The statute appears broad enough
                                           printing cycles.                                         preparing reports in subsequent years,
                                                                                                                                                          to provide the FTC with discretion to
                                             The Commission believes that                           thus making it easier to prepare reports
                                           NEMA’s comment is reasonable and that                                                                          require marking on the metal halide
                                                                                                    thereafter.
                                           additional compliance time would not                        Although the Commission cannot                     fixture itself because the law contains a
                                           have a significant impact on the efficacy                eliminate the reporting requirement, it               general mandate for the Commission ‘‘to
                                           of disclosures. Accordingly, the final                   does seek to provide manufacturers with               issue labeling rules’’ for metal halide
                                           amendments apply to any catalog                          flexibility in submitting their reporting             lamp fixtures. Such a requirement,
                                           published after July 1, 2009 (instead of                 data. For example, the FTC allows                     however, would constitute a significant
                                           January 1, 2009 as proposed in the                       manufacturers to submit data through a                departure from the proposed
                                           NPRM).11                                                 variety of means, including paper                     amendments, which track Congress’s
                                             Reporting Requirements: NEMA also                      letters, printed catalogs, and electronic             specific directive for labeling on
                                           opposed the proposed yearly reporting                    files via email. In addition, the                     packages and ballasts. Given this
                                           requirements because, in its view, they                  Commission understands that the DOE                   significant departure, it would be
                                           would be overly burdensome. NEMA                         is considering the development of a                   appropriate to seek further comment
                                           also took issue with the FTC’s reporting                 web-based system to facilitate the                    before making such a change. However,
                                           burden estimate, arguing that the FTC                    submission of energy data for covered                 if the Commission were to delay this
                                           should take into account the many                        products. If such a system is                         proceeding to seek such comment, it
                                           product lines (‘‘well over 100’’) in the                 implemented, it may provide an                        could not meet the July 1, 2008
                                           industry and not just the number of                      additional means of simplifying FTC                   Congressional deadline. Accordingly,
                                           manufacturers. Finally, NEMA stated                      data submission.                                      the Commission has determined to issue
                                           that, if the FTC is unable to eliminate                     Disclosures on Shipping Documents:                 the Rule as proposed. The upcoming
                                           the reporting requirement, then the                      NEMA also took issue with a portion of                rulemaking on the lamp labeling
                                           agency should establish an electronic                    the proposed Rule that would require                  alternatives (discussed below) will
                                           database to ease the reporting burden.                   the circle ‘‘E’’ on documentation                     provide an opportunity for further
                                             The final amendments retain the                        accompanying pallet loads of fixtures                 consideration of this issue. For now,
                                           proposed reporting requirements. Under                   under section 305.15(c)(3). NEMA                      although the final amendments will
                                           Section 326 of EPCA (42 U.S.C. 6296),                    argued that this requirement adds no                  apply only to the fixture package and
                                           manufacturers of covered products must                   value because the shipping document                   the ballast itself, nothing prohibits
                                           submit annual reports to the                             does not help those who purchase                      manufacturers from printing the circle
                                           Commission containing energy data for                    products. NEMA also argued that the                   ‘‘E’’ on the fixture itself as long as the
                                           their products. This annual reporting                    disclosure fails to aid enforcement                   fixture meets applicable energy
                                           requirement is applicable to all products                efforts because inspectors do not review              standards.
                                           covered by the Rule, including                           shipping documents to determine
                                                                                                    compliance with efficiency standards.                 III. Upcoming Rulemaking on the
                                           appliances, heating and cooling
                                                                                                       In this regard, NEMA has raised valid              Effectiveness of Lamp Labeling
                                           equipment, covered lighting products,
                                           and covered plumbing products.                           concerns. The benefit of the disclosure                  EISA requires the FTC to conduct a
                                           Accordingly, the Commission has no                       on shipping documents is unclear. For                 rulemaking to examine the effectiveness
                                           discretion to forgo reporting. However,                  purchases outside of brick and mortar
                                                                                                                                                          of current lighting disclosures required
                                           to provide manufacturers with                            stores, the Rule’s website and catalog
                                                                                                                                                          by the Commission and to explore
                                           additional time in preparing their initial               disclosures provide the information
                                                                                                                                                          alternative labeling approaches.14 To
                                           (2009) report, the Commission has                        consumers need to determine
                                                                                                                                                          meet the Congressional deadline for
                                           changed the annual reporting date for                    compliance with energy standards.
                                                                                                                                                          metal halide lamp fixture labeling
                                           metal halide lamp fixtures from March                    Similarly, because the final
                                                                                                                                                          requirements, the Commission will
                                           1 of each year to September 1 (see                       amendments require the circle ‘‘E’’
                                                                                                                                                          initiate the rulemaking on lamp label
                                           Section 305.8(b)(1)).12 While this                       disclosure on the pallet sheeting itself,
                                                                                                                                                          effectiveness as a separate proceeding.
                                                                                                    there appears to be little need to include
                                             11 NEMA did not specify an additional time             it in separate shipping documentation.                IV. Paperwork Reduction Act
                                           period necessary for marketers to redraft their          Accordingly, the final amendments do
                                           catalogs. Absent any specific suggested time period,     not include this requirement.13                          The proposed requirements for
                                           the Commission has afforded marketers an                                                                       package and product labels, as well as
                                           additional six months, giving them more than a full
                                                                                                       Marking on Metal Halide Fixture:
                                           annual printing cycle to comply.                         Finally, NEMA urged the Commission                    point-of-sale materials and catalog
                                             12 The final rule also contains a slight               to consider requiring the circle ‘‘E’’ on             disclosures do not constitute a
                                           clarification to the reporting requirements. The         the fixture itself, in addition to the                ‘‘collection of information’’ under the
                                           EISA amendments (42 U.S.C. 6293(b)(18)) dictate          package and ballasts as proposed.                     Paperwork Reduction Act of 1995 (44
                                           the DOE test procedure that must be used for metal                                                             U.S.C. 3501–3521) because they are a
                                           halide lamp ballasts. The final FTC reporting            NEMA indicated that such a
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                                           requirements (section 305.8(a)(5)(vii)) contain a                                                              ‘‘public disclosure of information
                                           reference to that statutory requirement to ensure          13 A similar requirement applies to disclosures     originally supplied by the government
                                           that ballast efficiency data submitted to the FTC are    for fluorescent lamp ballasts and luminaires (16      to the recipient for the purpose of
                                           consistent with the results of the DOE test              CFR § 305.15(a)&(b)). The upcoming rulemaking on      disclosure to the public’’ as indicated in
                                           procedure. The FTC labeling rule itself does not         the effectiveness of lighting disclosures will give
                                           impose testing requirements for metal halide             the Commission an opportunity to review the
                                           products.                                                appropriateness of that requirement.                    14   EISA Section 321(b) (42 U.S.C. 6294(a)(2)(C)).



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                                           39224               Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Rules and Regulations

                                           OMB regulations.15 The data reporting                     final rule, unless the agency certifies               new reporting requirements, most or all
                                           from metal halide lamp ballast                            that the rule will not have a significant             of which are probably small businesses.
                                           manufacturers, however, would                             economic impact on a substantial                      As with catalog sellers of fluorescent
                                           constitute a ‘‘collection of                              number of small entities. See 5 U.S.C.                lamp ballasts under the current rule,
                                           information.’’16 Consistent with past                     603–605.                                              catalog sellers of metal halide fixtures
                                           estimates for fluorescent ballast                            In light of the comments submitted in              and ballasts would have to insert the
                                           manufacturers, we estimated in the                        response to the NPRM, the FTC                         circle ‘‘E’’ in each description of metal
                                           NPRM that such reporting would                            reaffirms its belief that the amendments              halide lamp fixtures they offer for sale.
                                           require six hours per manufacturer. We                    will not have a significant economic                  We expect that the burden associated
                                           also estimated that there are                             impact on a substantial number of small               with such disclosures will be de
                                           approximately 20 manufacturers of                         entities. Although the Commission                     minimis.
                                           metal halide lamp fixtures.17 NEMA’s                      certifies under the RFA that the rule in
                                                                                                                                                           D. Projected reporting, recordkeeping,
                                           comments, however, indicated that,                        this notice will not have a significant
                                                                                                                                                           and other compliance requirements
                                           while there are approximately 20                          impact on a substantial number of small
                                           manufacturers, some of those                              entities, the Commission has                             The Commission recognizes that the
                                           manufacturers have multiple divisions                     determined, nonetheless, to publish a                 final labeling rule will involve some
                                           or product lines. NEMA estimates that                     FRFA to explain the impact of the Rule                increased costs for affected parties. Most
                                           there are ‘‘well over 100’’ such lines                    on small entities as follows:                         of these costs will be in the form of
                                           within the industry. Accordingly, in the                                                                        redrafting information placed on
                                                                                                     A. Statement of the need for, and                     packages and products and placing the
                                           final estimate, we conservatively
                                           assume there are 110 divisions or                         objectives of, the amendments                         required disclosure in paper and web-
                                           product lines and that reporting will                       Section 324 of EISA requires the                    based catalogs. Specifically, the
                                           require six hours for each of these                       Commission to issue labeling rules for                amendments require that labels for
                                           entities (i.e., the same amount of time                   metal halide lamp products. EISA                      metal halide lamp fixtures and ballasts,
                                           we estimate for a manufacturer).18                        specifies the content of such labels to               and point-of-sale promotional material
                                           Therefore, our final estimate is 660                      provide energy information for                        for fixtures, disclose a circle ‘‘E.’’ As
                                           hours (110 product/division lines x 6                     purchasers. Also, the Commission is                   manufacturers already include
                                           hours) as a reporting burden for these                    charged with enforcing the requirements               information on packages and ballasts in
                                           entities. In addition, we estimate that                   of 42 U.S.C. 6294, which require the                  the ordinary course of business, the
                                           the yearly recordkeeping burden for                       agency to issue these amendments. The                 Rule will require manufacturers to
                                           metal halide manufacturers will be no                     objective of the amendments are to                    reformat their labels only one time to
                                           more than 2 hours each or 220 hours                       establish energy labeling requirements                include the circle ‘‘E’’ symbol. The
                                           total (2 hours x 110 product/division                     for metal halide lamp fixtures and                    requirement that catalog sellers include
                                           lines). Therefore, the total estimated                    ballasts.                                             the circle ‘‘E’’ in their product
                                           annual burden of the final amendments                                                                           descriptions will involve the same, one-
                                                                                                     B. Issues raised by comments in                       time change to all of the metal halide
                                           is 880 hours. Pursuant to the Paperwork
                                                                                                     response to the initial regulatory                    lamp fixture descriptions in the seller’s
                                           Reduction Act, 44 U.S.C. 3501–3521,
                                                                                                     flexibility analysis                                  catalog. Similarly, the Rule contains
                                           the FTC submitted to the Office of
                                           Management and Budget (OMB) for                              No significant issues were raised by               standard reporting requirements for
                                           review and approval the collections of                    public comment related specifically to                manufacturers to submit data that, in all
                                           information contained in the Rule. On                     small business impacts. NEMA’s                        likelihood, they already generate and
                                           May 23, 2008, under OMB Control No.                       comment raised concerns about the                     disseminate during the normal course of
                                           3084–0069, OMB granted approval                           compliance burden related to catalog                  business in catalogs and other
                                           through May 31, 2011.                                     disclosures and reporting requirements.               disclosures.
                                                                                                     As discussed in detail in Section II of                  The Commission does not expect that
                                           V. Regulatory Flexibility Act                             this Notice, the Commission has                       there will be any significant legal,
                                              The Regulatory Flexibility Act                         changed aspects of the amendments to                  professional, or training costs or skills
                                           (‘‘RFA’’), 5 U.S.C. 601–612, requires an                  address these concerns.                               needed to comply with the Rule. The
                                           agency to provide a Final Regulatory                                                                            Commission does not expect that the
                                           Flexibility Analysis (‘‘FRFA’’) with a                    C. Estimate of the number of small                    labeling requirements will impose
                                                                                                     entities to which the amendments will                 significant incremental costs for
                                             15  5 CFR 1320.3(c)(2).                                 apply                                                 websites or other advertising. Thus, the
                                             16  The final amendments impose no reporting               Under the Small Business Size                      Commission anticipates that, in total,
                                           requirements on catalog sellers.                          Standards issued by the Small Business
                                              17 This number (20) is consistent with our
                                                                                                                                                           the burdens imposed by the amendment
                                           estimate for fluorescent lamp ballast manufacturers.
                                                                                                     Administration, lighting fixture                      should not be significant for any
                                           See 69 FR 64289, 64291 (Nov. 4, 2004). U.S.               manufacturers qualify as small                        particular entity.
                                           Economic Census data indicate that there are              businesses if they have fewer than 500
                                           approximately 80 electric lamp bulb and part              employees. As discussed in more detail                E. Alternatives considered
                                           manufacturers, 473 residential electric lighting
                                           fixture manufacturers and 356 commercial,                 in Section III of this Notice, the                       The amendments closely track the
                                           industrial, and institutional electric lighting fixture   Commission estimates that only a small                prescriptive requirements of the statute,
                                           manufacturers in the U.S. See (http://                    fraction of lamp fixture manufacturers                and thus leave little room for significant
                                           www.census.gov/econ/census02/guide/                       (approximately 20 entities) produce                   alternatives to decrease the burden on
                                           INDRPT31.HTM) (Codes 335110, 335121, and
                                           335122).                                                  metal halide lamp fixtures and ballasts.              regulated entities. Although the
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                                              18 This assumption applies across all the              Even if most of these entities were small             Commission has no discretion on the
                                           industry, regardless of the size of a particular          businesses, the number would not be                   timing of the labeling requirements for
                                           manufacturer’s product line or division. We believe       substantial.                                          the products and product packages, the
                                           this assumption is very conservative because some
                                           product lines or divisions may be very small and
                                                                                                        The Commission also estimates that                 statutory deadline does not apply to
                                           require substantially less than six hours of burden       200 catalog retailers (including website              catalog disclosures or reporting
                                           per year.                                                 sellers) would have to comply with the                requirements. Accordingly, in response


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                                                             Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Rules and Regulations                                                                           39225

                                           to comments, the Commission has                            (2) Metal halide lamp means a high                                                                                 Deadline for
                                           extended the time given to                               intensity discharge lamp in which the                                     Product category                            data sub-
                                           manufacturers to comply with the                         major portion of the light is produced by                                                                              mission
                                           catalog disclosure requirements and has                  radiation of metal halides and their
                                                                                                                                                                    Fluorescent lamps ...................                Mar. 1
                                           changed the annual reporting date as                     products of dissociation, possibly in                           ..................................................   [Stayed]
                                           explained in Section II of this Notice. In               combination with metallic vapors.                               Medium Base Compact Fluo-                            Mar. 1
                                           addition, the Commission routinely                       *     *     *    *      *                                          rescent Lamps.
                                           allows manufacturers to submit required                  I 5. Section 305.8 is amended as                                ..................................................   [Stayed]
                                           data through electronic means.                           follows:                                                        Incandescent Lamps, incl. Re-                        Mar. 1
                                                                                                    I a. In paragraph (a)(1), add the phrase
                                                                                                                                                                       flector Lamps.
                                           VI. Final Rule Language                                                                                                  ..................................................   [Stayed]
                                                                                                    ‘‘metal halide lamp fixtures,’’ after the
                                           List of Subjects in 16 CFR Part 305                      phrase ‘‘fluorescent lamp ballasts,’’.
                                             Advertising, Energy conservation,                                                                                      *         *         *         *         *
                                                                                                    I b. Add paragraph (a)(5).
                                           Household appliances, Labeling,                          I c. Revise paragraph (b)(1) to read as                         § 305.10        [Amended]
                                           Reporting and recordkeeping                              follows:
                                           requirements.                                                                                                            I 6. In paragraph (a) of section 305.10,
                                           I For the reasons set out above, the
                                                                                                    § 305.8      Submission of data.                                add the phrase ‘‘metal halide lamp
                                           Commission is issuing the following                      *       *     *     *    *                                      fixtures,’’ after the phrase ‘‘fluorescent
                                           amendments to 16 CFR Part 305:                              (a) * * *                                                    lamp ballasts,’’.
                                                                                                       (5) Each manufacturer of a metal                             I 7. In section 305.15, add paragraph (c)
                                           PART 305—RULE CONCERNING                                 halide lamp fixture shall submit                                to read as follows:
                                           DISCLOSURES REGARDING ENERGY                             annually to the Commission a report for
                                           CONSUMPTION AND WATER USE OF                             each basic model of metal halide lamp                           § 305.15        Labeling for lighting products.
                                           CERTAIN HOME APPLIANCES AND                              fixture in current production. The report                       *      *      *    *      *
                                           OTHER PRODUCTS REQUIRED                                  shall contain the following information:                           (c) Metal halide lamp fixtures and
                                           UNDER THE ENERGY POLICY AND                                 (i) Name and address of manufacturer;                        metal halide ballasts —(1) Contents.
                                           CONSERVATION ACT (‘‘APPLIANCE                               (ii) All trade names under which the                         Metal halide ballasts contained in a
                                           LABELING RULE’’)                                         metal halide lamp fixture is marketed;                          metal halide lamp fixture covered by
                                                                                                       (iii) Model number;                                          this Part shall be marked conspicuously,
                                           I 1. The authority citation for Part 305                    (iv) Starting serial number, date code                       in color-contrasting ink, with a capital
                                           continues to read as follows:                            or other means of identifying the date of                       letter ‘‘E’’ printed within a circle.
                                               Authority: 42 U.S.C. 6294.                           manufacture (date of manufacture                                Packaging for metal halide lamp fixtures
                                                                                                    information must be included with only                          covered by this Part shall also be
                                           § 305.2   [Amended]                                      the first submission for each basic                             marked conspicuously with a capital
                                           I 2. In paragraph (k)(2) of section 305.2,               model);                                                         letter ‘‘E’’ printed within a circle. For
                                           add the phrase ‘‘metal halide lamp                          (v) Type of ballast (e.g., pulse, probe,                     purposes of this section, the encircled
                                           fixtures,’’ after the phrase ‘‘fluorescent               or electronic);                                                 capital letter ‘‘E’’ will be deemed
                                           lamp ballasts,’’.                                           (vi) Nominal input voltage and                               ‘‘conspicuous,’’ in terms of size, if it is
                                           I 3. In § 305.2, revise paragraph (l)(21),               frequency;                                                      as large as either the manufacturer’s
                                           and add paragraph (l)(22) to read as                        (vii) Ballast efficiency (as determined                      name or another logo, such as the ‘‘UL,’’
                                           follows:                                                 pursuant to 42 U.S.C. 6293(b)(18)); and                         ‘‘CBM’’ or ‘‘ETL’’ logos, whichever is
                                                                                                       (viii) Lamp type and wattage (or range                       larger, that appears on the metal halide
                                           § 305.2   Definitions.                                   of wattages) with which the metal                               ballast, or the packaging for the metal
                                           *     *     *     *     *                                halide lamp fixture is designed to be
                                             (1) * * *                                                                                                              halide lamp fixture, whichever is
                                                                                                    used.                                                           applicable for purposes of labeling.
                                             (21) Metal halide lamp fixtures.                          (b)(1) All data required by § 305.8(a)
                                             (22) Any other type of consumer                                                                                           (2) Product Labeling. The encircled
                                                                                                    except serial numbers shall be
                                           product that the Department of Energy                                                                                    capital letter ‘‘E’’ on metal halide
                                                                                                    submitted to theCommission annually,
                                           classifies as a covered product under                                                                                    ballasts must appear conspicuously, in
                                                                                                    on or before the following dates:
                                           section 322(b) of the Act (42 U.S.C.                                                                                     color-contrasting ink (i.e., in a color that
                                           6292).                                                                                                    Deadline for   contrasts with the background on which
                                           *     *     *     *     *                                         Product category                         data sub-     the encircled capital letter ‘‘E’’ is
                                                                                                                                                       mission      placed) on the surface that is normally
                                           I 4. In section 305.3, add paragraph (s)
                                                                                                                                                                    labeled. It may be printed on the label
                                           to read as follows:                                      Refrigerators ............................       Aug. 1         that normally appears on the metal
                                                                                                    Refrigerators-freezers ..............            Aug. 1
                                           § 305.3   Description of covered products.                                                                               halide ballast, printed on a separate
                                                                                                    Freezers ...................................     Aug. 1
                                           *      *    *      *    *                                Central air conditioners ...........             July 1         label, or stamped indelibly on the
                                              (s) Metal halide lamp fixture means a                 Heat pumps .............................         July 1         surface of the metal halide ballast.
                                           light fixture for general lighting                       Dishwashers ............................         June 1            (3) Package Labeling. For purposes of
                                           application that is designed to be                       Water heaters ..........................         May 1          labeling under this section, packaging
                                           operated with a metal halide lamp and                    Room air conditioners .............              May 1          for metal halide lamp fixtures consists
                                           a ballast for a metal halide lamp and                    Furnaces ..................................      May 1          of the plastic sheeting, or ‘‘shrink-
                                                                                                    Pool heaters ............................        May 1          wrap,’’ covering pallet loads of metal
                                           that is subject to and complies with
                                                                                                    Clothes washers ......................           Oct. 1
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                                           Department of Energy efficiency                                                                                          halide lamp fixtures as well as any
                                                                                                    Fluorescent lamp ballasts ........               Mar. 1
                                           standards issued pursuant to 42 U.S.C.                   Showerheads ...........................          Mar. 1
                                                                                                                                                                    containers in which such metal halide
                                           6295.                                                    Faucets ....................................     Mar. 1         lamp fixtures are marketed individually
                                              (1) Metal halide ballast means a                      Water closets ...........................        Mar. 1         or in small numbers. The encircled
                                           ballast used to start and operate metal                  Urinals ......................................   Mar. 1         capital letter ‘‘E’’ on packages
                                           halide lamps.                                            Metal halide lamp fixtures .......               Sept. 1        containing metal halide lamp fixtures


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                                           39226             Federal Register / Vol. 73, No. 132 / Wednesday, July 9, 2008 / Rules and Regulations

                                           must appear conspicuously, in color-                          By direction of the Commission.                   option contracts traded on or subject to
                                           contrasting ink, on the surface of the                                                                          the regulations of a foreign board of
                                                                                                    Richard C. Donohue,
                                           package on which printing or a label                                                                            trade to customers located in the U.S.
                                                                                                    Acting Secretary.                                      are contained in Part 30 of the
                                           normally appears. If the package
                                                                                                    [FR Doc. E8–15243 Filed 7–8–08: 8:45 am]               Commission’s regulations.1 These
                                           contains printing on more than one
                                           surface, the label must appear on the                    BILLING CODE 6750–01–S                                 regulations include requirements for
                                           surface on which the product inside the                                                                         intermediaries with respect to
                                           package is described. The encircled                                                                             registration, disclosure, capital
                                           capital letter ‘‘E’’ may be printed on the               COMMODITY FUTURES TRADING                              adequacy, protection of customer funds,
                                                                                                    COMMISSION                                             recordkeeping and reporting, and sales
                                           surface of the package, printed on a
                                           label containing other information,                                                                             practice and compliance procedures
                                                                                                    17 CFR Part 30                                         that are generally comparable to those
                                           printed on a separate label, or indelibly
                                                                                                                                                           applicable to transactions on U.S.
                                           stamped on the surface of the package.                   Limited Marketing Activities From a
                                                                                                                                                           markets.
                                           In the case of pallet loads containing                   United States Location by Certain
                                                                                                                                                              In formulating a regulatory program to
                                           metal halide lamp fixtures, the encircled                Firms and Their Employees or Other
                                                                                                                                                           govern the offer and sale of foreign
                                           capital letter ‘‘E’’ must appear                         Representatives Exempted Under
                                                                                                                                                           futures and option products to
                                           conspicuously, in color-contrasting ink,                 Commodity Futures Trading
                                                                                                                                                           customers located in the U.S., the
                                           on the plastic sheeting, unless clear                    Commission Regulation 30.10
                                                                                                                                                           Commission, among other things,
                                           plastic sheeting is used and the                         AGENCY: Commodity Futures Trading                      considered the desirability of
                                           encircled capital letter ‘‘E’’ is legible                Commission.                                            ameliorating the potential
                                           underneath this packaging.                               ACTION: Order.                                         extraterritorial impact of such a program
                                           I  8. In paragraph (a)(1) of section                                                                            and avoiding duplicative regulation of
                                                                                                    SUMMARY: The Commodity Futures                         firms engaged in international business.
                                           305.19, add the phrase ‘‘metal halide                    Trading Commission (‘‘Commission’’) is
                                           lamp fixtures,’’ after the phrase                                                                               Based upon these considerations, the
                                                                                                    confirming that designated members of                  Commission determined to permit
                                           ‘‘fluorescent lamp ballasts,’’ and revise                the Taiwan Futures Exchange                            persons located outside the U.S. and
                                           paragraph (a)(2) to read as follows:                     (‘‘TAIFEX’’) may engage in limited                     subject to a comparable regulatory
                                           § 305.19 Promotional material displayed or               marketing conduct with respect to                      structure in the jurisdiction in which
                                           distributed at point of sale.                            foreign futures or options contracts                   they were located to seek an exemption
                                                                                                    within the U.S. through their employees                from certain of the requirements under
                                              (a) * * *                                             or representatives consistent with prior               Part 30 of the Commission’s regulations
                                              (2) Any manufacturer, distributor,                    Commission orders. This order is issued                based upon substituted compliance with
                                           retailer or private labeler who prepares                 pursuant to Commission Regulation                      the regulatory requirements of the
                                           printed material for display or                          30.10, which permits persons to file a                 foreign jurisdiction (‘‘Regulation 30.10
                                           distribution at point of sale concerning                 petition with the Commission for                       relief’’).
                                           a covered product that is a fluorescent                  exemption from the application of                         On October 28, 1992, the Commission
                                           lamp ballast or metal halide lamp                        certain of the Regulations set forth in                issued an order to permit firms that
                                           fixture to which standards are                           Part 30 and authorizes the Commission                  have obtained confirmation of
                                           applicable under section 325 of the Act,                 to grant such an exemption if such                     Regulation 30.10 relief to engage in
                                                                                                    action would not be otherwise contrary                 limited marketing conduct with respect
                                           shall disclose conspicuously in such
                                                                                                    to the public interest or to the purposes              to foreign futures or options contracts
                                           printed material, in each description of
                                                                                                    of the provision from which exemption                  within the U.S. through their employees
                                           such product, an encircled capital letter                is sought.
                                           ‘‘E’’.                                                                                                          or representatives without prior
                                                                                                    DATES: Effective Date: July 9, 2008.                   notification to the Commission.2 The
                                           *      *    *     *     *                                FOR FURTHER INFORMATION CONTACT:                       Commission stated that
                                           I 9. In paragraph (a) of section 305.20,                 Andrew Chapin, Special Counsel,                           the success of the [Regulation] 30.10
                                           add the phrase ‘‘metal halide lamp                       Division of Clearing and Intermediary                  program as well as the existence of working
                                           fixtures,’’ after the phrase ‘‘fluorescent               Oversight, at (202) 418–5430                           relationships established under that program
                                           lamp ballasts,’’ and add paragraph (e) to                Commodity Futures Trading                              with foreign regulatory and self-regulatory
                                                                                                    Commission, Three Lafayette Centre,                    authorities provide assurances that the
                                           read as follows:
                                                                                                    1155 21st Street, NW., Washington, DC                  conduct of [Regulation] 30.10 exempted firms
                                           § 305.20   Paper catalogs and websites.                  20581. Electronic mail:                                through their employees or other
                                                                                                                                                           representatives located in the United States,
                                           *      *     *     *     *                               achapin@cftc.gov.
                                                                                                                                                           if of a limited duration and subject to proper
                                              (e) Any manufacturer, distributor,                    SUPPLEMENTARY INFORMATION: The                         supervisory controls, will not be inconsistent
                                           retailer, or private labeler who                         Commission has issued the following                    with the Commission’s obligations under the
                                                                                                    Order:                                                 [Commodity Exchange Act] to ensure
                                           advertises metal halide lamp fixtures
                                                                                                                                                           appropriate customer protection.
                                           manufactured on or after January 1,                      Order Issued Pursuant to Regulation
                                           2009 in a catalog prepared after July 1,                 30.10 Confirming That Designated                         1 Commission regulations referred to herein are
                                           2009, from which they may be                             Members of TAIFEX May Engage in                        found at 17 CFR Ch. I (2007). Appendix A to Part
                                           purchased by cash, charge account or                     Limited Marketing Conduct With                         30, ‘‘Interpretative Statement With Respect to the
                                           credit terms, shall disclose                                                                                    Commission’s Exemptive Authority Under § 30.10
                                                                                                    Respect to Foreign Futures and Options
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                                                                                                                                                           of Its Rules’’ generally sets forth the elements the
                                           conspicuously in such catalog, in each                   Contracts Within the United States                     Commission will evaluate in determining whether
                                           description of such metal halide lamp                    Through Their Employees or Other                       a particular regulatory program may be found to be
                                           fixture, a capital letter ‘‘E’’ printed                  Representatives.                                       comparable for purposes of exemptive relief
                                                                                                                                                           pursuant to Regulation 30.10. 52 FR 28990, 29001
                                           within a circle.                                           Commission regulations governing the                 (Aug. 5, 1987).
                                           *      *     *     *     *                               offer and sale of commodity futures and                  2 57 FR 49644 (Nov. 3, 1992).




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