[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Proposed Rules]
[Pages 15200-15205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7058]
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 /
Proposed Rules
[[Page 15200]]
FEDERAL TRADE COMMISSION
16 CFR Part 305
Rule Concerning Disclosures Regarding Energy Consumption and
Water Use of Certain Home Appliances and Other Products Required Under
the Energy Policy and Conservation Act (``Appliance Labeling Rule'')
AGENCY: Federal Trade Commission.
ACTION: Proposed rule and request for comments.
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SUMMARY: The Federal Trade Commission (``Commission'') proposes
amendments to the Appliance Labeling Rule (``Rule''), in response to a
petition and a separate written request, to allow manufacturers of
general service incandescent lamps (including incandescent reflector
lamps) with a design voltage other than 120 volts an option as to where
on the package specific disclosures must be made; to clarify the light
output measure that manufacturers of incandescent reflector lamps must
disclose on lamp labels; to delete the requirement that the lumen
disclosure for incandescent reflector lamps be followed by the term
``at beam spread;'' and, to allow manufacturers of incandescent
reflector lamps the option of adding a reference to ``beam spread'' to
the Advisory Statement about saving energy costs. The Commission is
soliciting written data, views and arguments concerning these
amendments.
DATES: Written comments must be submitted on or before April 21, 1995.
ADDRESSES: Written comments should be submitted to Office of the
Secretary, Federal Trade Commission, Room 159, Sixth and Pennsylvania
Avenue NW., Washington, DC 20580, telephone number 202/326-2506.
Comments should be identified as ``16 CFR Part 305--Comment--Lamp
Products.'' Written comments should be provided, when feasible and not
burdensome, in five copies.
FOR FURTHER INFORMATION CONTACT: Kent C. Howerton, Attorney, Division
of Enforcement, Bureau of Consumer Protection, Room S-4631, Federal
Trade Commission, Washington, D.C. 20580, telephone 202/326-3013.
SUPPLEMENTARY INFORMATION:
I. Introduction
On May 13, 1994, the Commission published amendments to bring
certain lamp products under the Rule's coverage,\1\ which will become
effective on May 15, 1995. The Commission initiated the proceeding to
bring certain lamp products under the Rule's coverage in response to a
directive in the Energy Policy Act of 1992 (``EPA 92'').\2\
\1\Final rule and Statement of Basis and Purpose (``SBP''), 59
FR 25176. On December 29, 1994, the Commission published minor,
technical amendments to resolve certain inconsistencies in paragraph
numbering and language that had arisen during the course of four
recent proceedings amending the Rule. 59 FR 67524.
\2\Pub. L. 102-486, 106 Stat. 2776, 2817-2832 (Oct. 24, 1992)
(codified at 42 U.S.C. 6201, 6291-6309).
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In a petition dated January 31, 1995 (``Petition''), the Lamp
Section of The National Electrical Manufacturers Association
(``NEMA'')\3\ requested that the Commission:
\3\NEMA is a trade association representing the nation's largest
manufacturers of lamp products. Its members produce more than 90
percent of the lamp products subject to the lamp labeling
requirements of the Appliance Labeling Rule. Petition at 2.
(1) allow manufacturers of specific types of lamp products an
option as to where on the package specific disclosures must be made;
and
(2) stay, through November 30, 1995, ``compliance against
manufacturers who, in good faith and despite the exercise of due
diligence, are unable to change all of their lamp packages prior to
the May 15, 1995 effective date of the Lamp Labeling Rule.''
NEMA requested expedited treatment of its request to enable
manufacturers to complete the design of affected lamp packages and to
order necessary printing plates and packaging inventory, costing
millions of dollars, as soon as possible.
In a separate letter to the Commission's staff dated January 30,
1995, NEMA also requested a written staff opinion concerning several
issues on which staff already has informally advised NEMA and various
lamp manufacturers. One item raised in this letter, concerning
disclosure requirements for incandescent reflector lamps (spotlights
and floodlights), raises issues that the Commission determined could
not be resolved, as NEMA requested, simply by a staff opinion letter.
The Commission, therefore, has included consideration of these issues
in this Notice.
For the reasons discussed below, the Commission proposes adopting
amendments to the lamp labeling requirements of the Appliance Labeling
Rule that would give manufacturers of general service incandescent
lamps (including incandescent reflector lamps) greater flexibility in
making disclosures for lamps that have a design voltage of other than
120 volts. The amended Rule would continue to require that specific
information about each covered lamp's operation at 120 volts be
disclosed on product labels, as required by EPA 92, but the disclosures
would not have to be included on the principal panel of the packaging.
In addition, the Commission proposes adopting amendments to the Rule to
clarify the light output measure in lumens that manufacturers of
incandescent reflector lamps must disclose on lamp labels, to delete
the requirement that the lumen disclosure for incandescent reflector
lamps be followed by the term ``at beam spread,'' and to allow
manufacturers of incandescent reflector lamps the option of adding a
reference to ``beam spread'' to the Advisory Statement about how to
save energy costs that must appear on the principal display panel of
each lamp package. The latter amendments primarily would correct an
inadvertent technical error and effectuate the original intent of the
Rule's requirements. The Commission is seeking written public comments
on these proposed amendments, and it will announce its final decision
regarding the proposed amendments after reviewing the comments it
receives.
In light of these proposed amendments, the difficulties
manufacturers of incandescent lamps have encountered in complying with
both the requirements of the Appliance Labeling Rule and the
Commission's preexisting Light Bulb Rule, 16 CFR Part 409, and the need
to minimize relabeling costs, the Commission has determined to issue an
Enforcement Policy Statement. In a document published elsewhere in this
issue of the Federal Register, the Enforcement Policy Statement
explains that the Commission has determined to not take law enforcement
action until December 1, 1995 against manufacturers of general service
incandescent lamp products (including incandescent reflector lamps) for
labeling not in compliance with the disclosure requirements of the
Appliance Labeling Rule. This determination does not affect any other
compliance obligations imposed by the lamp labeling requirements of the
Rule that will become effective on May 15, 1995.
II. Background
On May 13, 1994, the Commission published final labeling rules for
various types of lamp products (``light bulbs''), including general
service fluorescent lamps, general service incandescent lamps
(including reflector incandescent lamps), and medium base compact
fluorescent lamps,\4\ as [[Page 15201]] mandated by EPA 92.\5\ The
Commission issued the lamp labeling rules as amendments to the
Appliance Labeling Rule, 16 CFR Part 305. These lamp labeling
amendments will become effective on May 15, 1995.\6\
\4\59 FR 25176. In the current Notice, citations to evidence are
based on the citation system used in the SBP for these lamp labeling
requirements. Documents are numbered sequentially, such as Document
No. G-1, Document No. G-2. Comments are cited by an identification
of the commentor, the comment number and the relevant page
number(s), e.g., ``Angelo, G-1, 1-3.'' Supplemental comments are
designated in addition as: ``(Supp.).'' Discussion by more than one
party in the transcript of the Public Workshop Conference is cited
by a reference to the transcript and the relevant page number(s),
e.g., ``Tr., 15-20.'' Discussion by one party in the transcript is
cited by an identification of the party, a reference to the
transcript and the relevant page number(s), e.g., ``Osram (Tr.), 80-
81.''
\5\EPA 92 amended the Energy Policy and Conservation Act of 1975
(``EPCA''). 42 U.S.C. 6291 et seq.
\6\The statute required the Commission's rules to become
effective 12 months after their publication in the Federal Register.
Because May 13, 1995, falls on a Saturday, the effective date is
Monday, May 15. 42 U.S.C. 6294(a)(2)(C)(i).
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In the Statement of Basis and Purpose for the lamp labeling
amendments, the Commission determined to require disclosures on labels
of specific information relating to the performance of these lamp
products. In brief, the amendments require disclosures on the primary
display panel of package labels of light output (in lumens), energy use
(in watts), and life (in hours), plus an Advisory Statement that
explains how purchasers can save on energy costs. For incandescent
reflector lamps (used to focus or spread light on a particular object
or objects), the amendments additionally require that the disclosure of
light output (in lumens) be for the lamp's ``beam spread,'' and that
the disclosure of lumens be followed clearly and conspicuously by the
phrase ``at beam spread.''
Based on the statutory directive that the Commission promulgate
these labeling rules and that labeling information be based on
performance at 120 volts, the lamp labeling amendments to the Rule
require that the disclosures for general service incandescent lamps
(including incandescent reflector lamps) appear on the primary display
panel based on operation at 120 volts, regardless of the lamp's design
voltage. The amendments, however, allow manufacturers the option of
adding disclosures based on operation at a different design voltage,
either on the primary display panel or on a separate panel on the
package.
The lamp labeling amendments to the Appliance Labeling Rule overlap
certain disclosures already required on packages of non-reflector
general service incandescent bulbs by the Commission's Light Bulb
Rule.\7\ This Rule, unlike the lamp labeling amendments to the
Appliance Labeling Rule, requires that package labels clearly and
conspicuously disclose average initial wattage, light output expressed
in average initial lumens, and average laboratory life expressed in
hours, based on operation at the bulb's stated design voltage.\8\ Under
the Light Bulb Rule, the disclosures must appear on at least two panels
of the outer sleeve or container in which bulbs are displayed and
additionally on all panels of the inner and the outer sleeve that
contain any reference to wattage, lumens, life or voltage. The
disclosures, however, need not be made on the primary display panel.\9\
\7\16 CFR Part 409. The Light Bulb Rule, issued in 1970, was
intended to prevent deceptive or unfair practices in the sale of
incandescent light bulbs. Other types of lamps covered by the
Appliance Labeling Rule amendments (including incandescent reflector
lamps) are not covered by the Light Bulb Rule.
\8\Id. at 409.1 n. 1.
\9\Id. at 409.1 n. 4.
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When it promulgated the lamp labeling amendments to the Appliance
Labeling Rule, the Commission noted two provisions of the Light Bulb
Rule that are different from the lamp labeling requirements under the
Appliance Labeling Rule. The first provision concerns the format
requirements for disclosing the wattage, light output and laboratory
life ratings of general service incandescent nonreflector lamps. The
second provision concerns the Light Bulb Rule's requirement that the
testing for, and required disclosures of, wattage, light output and
laboratory life ratings of general service nonreflector lamps be at the
lamp's design voltage. Because these different rule provisions are not
contradictory, the Commission stated that manufacturers will be able to
comply with both without incurring significant additional costs.10
\10\59 FR at 25177.
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Nevertheless, the Commission stated that, following that rulemaking
proceeding, it would consider whether any additional action is
necessary concerning the Light Bulb Rule.11 To amend or repeal the
Light Bulb Rule, the Commission's Rules of Practice require the
Commission to use different, and more lengthy, rulemaking procedures
than those specified in EPA 92 for the lamp labeling amendments to the
Appliance Labeling Rule. Thus, because of the statutory deadline for
issuing the lamp labeling rules under EPA 92, the Commission determined
to review the Light Bulb Rule in a separate proceeding. The Commission
has scheduled the Light Bulb Rule for review during 1995 as part of the
Commission's ongoing program to review all Commission rules and
guides.\12\
\11\59 FR at 25176.
\12\60 FR 6463 (Feb. 2, 1995).
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III. Petition
A. NEMA's Request (Disclosures at 120 Volts)
NEMA's Petition requests that the Commission approve an optional,
but not required, labeling format scheme for packages of incandescent
lamp products with a design voltage other than 120 volts. NEMA states
that manufacturers design some lamp products for operation at either
125 or 130 volts,\13\ and that line voltages of other than 120 volts
are prevalent in certain regions of the country.\14\ The Petition also
notes that the Light Bulb Rule requires disclosures of a general
service incandescent lamp's light output, wattage and life, measured at
design voltage. Based on these assertions, the Petition contends that
the lamp labeling requirements in the Appliance Labeling Rule, ``by
requiring that a lamp package's principal display panel contain
performance ratings measured at 120 volts, and designated `at 120
volts,' will cause considerable confusion for consumers who use lamps
designed for the local line voltage which is other than 120 volts.''
NEMA contends that, because light output of a given lamp is lower at
120 volts than at higher voltages, consumers in non-120 volt regions
may seek a higher wattage lamp than needed to obtain the light output
they desire. NEMA asserts that this would undermine the energy
efficiency objectives of the Appliance Labeling Rule.\15\
\13\Petition at 2. The voltage provided by electric utilities in
the United States for lighting purposes is primarily 120 volts, but
may range from approximately 115 to 125 volts. Voltage is not a
characteristic of a lamp product, but the operation of a lamp is
affected by the voltage at which it operates. For a given lamp, the
higher the voltage, the higher the light output in lumens, the
higher the wattage, and the shorter the life.
\14\Id. NEMA states that the prevailing voltage for these areas
is 125 volts, though actual line voltage within these areas varies.
Id. at 2 note 3.
\15\Id.
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NEMA's Petition states that consumers in regions with line voltages
other than 120 volts should be able to find lamp packages labeled on
the principal display panel with performance ratings measured at the
lamp's design voltage. NEMA claims that, under the Appliance Labeling
Rule, this would require manufacturers to provide dual-voltage
information for each performance rating on the primary display panel.
In support of its Petition, [[Page 15202]] NEMA submitted examples of
labels that contain performance disclosures on the primary display
panel based on operation at both 120 volts and the lamp's different
design voltage. NEMA believes the resulting complexity of the package
is certain to confuse even the most energy-conscious consumer.\16\
\16\Id.
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NEMA proposes an alternative, optional disclosure format to comply
with the labeling requirements under Section 305.11(e)(1)(iii) of the
Appliance Labeling Rule. Specifically:
As an optional disclosure under Section 305.11(e)(1)(iii), for
lamps with a design voltage other than 120 volts, light output,
energy used, and life ratings displayed on the principal display
panel could be measured at design voltage, provided that such
ratings measured at 120 volts are disclosed on another panel of the
package, and that the principal display panel clearly and
conspicuously identifies the lamp's design voltage and clearly and
conspicuously contains the following explanatory statement:
[125/130] volt design. At 120 v., light output and efficiency are
noticeably reduced. See [side/back] panel for data at 120 v.\17\
\17\Id. at 6.
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NEMA also states it would accept a more detailed explanatory
statement, which could read:
This product is designed for [125/130] volts. When used on the
normal line voltage of 120 volts, the light output and efficiency are
noticeably reduced. See [side/back] panel for 120 volt ratings.18
\18\Id. at 6 note 6.
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NEMA believes that its proposal fully satisfies the Commission's
objectives and the requirements of Section 324(a)(2)(C)(i) of EPCA,
which states: ``Labeling information for incandescent lamps shall be
based on performance when operated at 120 volt input, regardless of the
rated lamp voltage.'' NEMA also believes that its proposal provides
accurate and meaningful information.19
\19\Id. at 5-6.
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B. Background
The issue of the voltage at which the proposed disclosures of
watts, light output, life and energy efficiency should be based was not
specifically raised in the Notice of Proposed Rulemaking
(``NPR'').20 However, this issue was the subject of considerable
discussion during the Public Workshop the Commission conducted on
January 19, 1994, as part of the rulemaking proceeding, as well as in
two post-Workshop comments.21 In addition, the statutory language
mandating the information disclosures is explicit in requiring
disclosures to be based on operation at 120 volts, regardless of the
lamp's design voltage.
\20\In the NPR, 58 FR 60147 (1993), the Commission proposed
requiring disclosure of an energy efficiency number. Based on the
definition of ``lamp efficacy'' in the EPA 92 amendments to EPCA,
the NPR proposed requiring disclosure on lamp packages of an
``Energy Index,'' based on each lamp product's lumens per watt
rating. When it issued the final labeling rules, the Commission
determined not to require this disclosure.
\21\See (Tr.), 35-65, 201-205. See also Osram (G-11) (Supp.), 2;
NEMA (G-10) (Supp.), 19-21.
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Several industry representatives supported requiring disclosure of
wattage, light output in lumens, and average laboratory life based on
operation of the lamp at its design voltage, if the design voltage is
other than 120 volts.22 They suggested that only the energy index
proposed in the NPR (i.e., lumens per watt) should be disclosed at 120
volts, regardless of the lamp's design voltage.23 They argued that
only the efficiency measure (energy index) is covered by the
requirement in EPCA that labeling disclosures for incandescent lamps be
measured at 120 volts.24 Other participants contended, however,
that for general service incandescent lamps the labeling rules should
require that the wattage, light output, life and energy index
disclosures be made at 120 volts because most purchasers operate lamps
at 120 volts and performance claims should be based on a uniform
standard.25
\22\NEMA (Tr.), 39-40, 54, (Supp.), G-10, 19-21 (the Commission
views these statements as NEMA's final position on the issue); Osram
(Tr.), 41, (Supp.), G-11, 2. See also Angelo, G-1, 2 (but note that
Angelo later recommends disclosures at 120 volts in the Workshop at
Tr. 57); GE, G-2, 7, (Ans.), 1; Osram (Tr.), 41, 58-59, (Supp.), G-
11, 2; ACEEE, GG-1, 1 (ACEEE, too, later recommends in the Workshop
that all disclosures be at 120 volts, (Tr.), 59); OR DOE, GG-13, 7;
WA SEO, GG-18, 1.
\23\See note 20, supra.
\24\In its supplemental comment, NEMA stated:
A question was raised at the Workshop as to whether the last
sentence of section [324(a)(2)(C)(i) of EPCA] should be interpreted
to apply only to energy efficiency labeling or to all items required
to be disclosed under the Commission's regulations. There is no
published legislative history interpreting this provision. However,
NEMA representatives were involved in extensive discussions with
energy efficiency organizations and congressional staff over the
language of the Energy Policy Act. Throughout those discussions,
everyone's attention was focused on how best to educate consumers to
select the most energy efficient lamp. NEMA representatives sought
inclusion of the requirement that all lamps' efficiency ratings be
based on a comparable operation at 120 volts. NEMA's objective was
to prevent some manufacturers or importers from disguising low
efficiency lamps by claiming efficiency ratings at voltages greater
than 120 volts. NEMA was concerned that if a consumer faced 120 and
130 volt lamps in the same store, it be clear that the 130 volt lamp
would be substantially less efficient when operated at 120 volts
(Tr. 40-41). NEMA did not intend to force manufacturers to cease
production or alter existing ratings of higher voltage lamps for use
in niche markets. Thus, in construing section [324(a)(2)(C)(i)] of
EPCA, NEMA urges that the provision be fairly read in the context of
the legislative discussions and that congressional intent is best
served by requiring that only lumens per watt measurements be based
on 120 volts operation.
NEMA (Supp.), G-10, 20-21. See also GE (Supp.), G-9, Ex. 4;
Osram (Tr.), 51-52 (most purchasers do not see mix of products based
on different voltages on store shelves, but purpose of the statute's
requirement was to require that efficiency be based on constant
voltage for situations when mix of products were on shelves at same
time). But see NEMA, G-3, 45 (``The Commission's regulations should
expressly require manufacturers of incandescent lamps to disclose
all performance characteristics when operated at 120 volts,
regardless of the rated voltage.'').
\25\See MN DPS, GG-9, 2; NEPS (Tr.), 44; LRC (Tr.), 44, 54-55;
Angelo (Tr.), 57; ACEEE (Tr.), 59; IES (Tr.), 62.
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Both the statute and its legislative history are silent about the
specific purpose and meaning of the mandate that labeling information
shall be based on operation at 120 volts. The Commission, therefore,
analyzed the record evidence concerning the methods of sales
distribution and the uses of these lamp products, as well as the manner
in which purchasers could best be provided with accurate and important
information to enable them ``to select the most energy efficient lamps
which meet their requirements.''26
\26\42 U.S.C. 6294(a)(2)(C)(i).
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According to the rulemaking record, the majority of the service
voltage of electricity supplied by local utilities for lighting is 120
volts. The rest is supplied at 125 volts, primarily in the Pacific
Northwest and the Tennessee Valley. No evidence was presented that any
local utility supplies electricity at 130 volts, or at service voltage
other than 120 or 125 volts. The lamp manufacturers who participated in
the proceeding stated that they distribute incandescent lamps with a
design voltage of 120 volts for sale in 120 voltage service regions.
They also stated, however, that while they distribute incandescent
lamps with a design voltage of 125 volts primarily to regions with 125
voltage service, they cannot guarantee that lamps with a design voltage
of 125 volts are only offered for sale in 125 voltage service regions.
Manufacturers that distribute incandescent lamps with a design voltage
of 130 volts stated that they distribute these lamps, which are
marketed as long-life lamps, in both 120 and 125 voltage service
regions.
In light of the statutory standard and the rulemaking record, the
Commission determined to require disclosure on the primary display
panel of the specific lamp performance information based on operation
of the lamp at 120 volts. [[Page 15203]] Otherwise, purchasers in most
parts of the country who purchase lamps with a design voltage of 125 or
130 volts could be misled by exaggerated light output claims.27 In
order to ensure that purchasers in 125 volt service regions are
provided accurate performance information, and to allow manufacturers
flexibility in marketing longer-life, 130-volt design voltage lamps,
however, the Commission determined to allow manufacturers, at their
option, to disclose performance information at an additional design
voltage. This information could be included on the primary display
panel, or on a different package panel.28
\27\See Angelo (Tr.), 63: [P]eople may choose life or lumen
output but if it's tested at 120 then there's no reason to go
through the deception of saying it's a 130-volt lamp. It's simply
enough to say that this lamp is going to produce less lumens[,]
meaning it's going to have a different filament and it has really
nothing to do with design wattage, it has to do with life and
lumens. So in the circumstance of the people who were buying it for
that reason, why go through a deception? Why not just tell them
[it's] at 120 and let it be billed as a 120-volt lamp with less
lumens and more life?
\28\See 16 CFR 305.11(e)(1)(C).
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C. Proposed Amendments
NEMA's Petition raises no legal analysis that was not presented in
the original rulemaking record, nor does it present any empirical
information indicating that consumers would be misled by the dual sets
of disclosures on the primary panel. NEMA, however, asserts that
marketing considerations will lead manufacturers to want to put design
voltage information on the primary display panel.29 A review of
the sample labels with dual disclosures on the primary display panel
indicates that they may be confusing to consumers. The Commission
believes that the approach NEMA suggests will be adequate to meet the
statutory standard and ensure that purchasers receive accurate
information they need in making purchase decisions.
\29\NEMA also has indicated that, although less than 10% of the
lamps sold have a design voltage of other than 120 volts, of the
three largest manufacturers of the broad range of general service
incandescent lamps, the percentage of stock-keeping units (``SKUs'')
designed for other than 120 volts ranges from between 40% and 50%
for one manufacturer, to approximately 30% for another, and 10% to
20% for the third.
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Although the statute states that labeling information for these
lamps shall be based on operation at 120 volts, regardless of the rated
(or design) lamp voltage, it does not prohibit the Commission from
allowing additional disclosures based on operation of the lamp at a
different design voltage. The statute also leaves to the Commission's
discretion both the specific disclosures that should be required and
the manner and format in which the disclosures should be made. The
Commission, therefore, proposes amending the Rule to allow an optional
disclosure format, as NEMA requests, for incandescent lamps with design
voltages of 125 or 130 volts.30 The Commission proposes amending
the Rule to require use of the more detailed explanation regarding
operation at 120 volts and to allow the placement of information on
packages that NEMA proposed. In addition, to ensure that purchasers are
aware that they are selecting a bulb with a design voltage of 125 volts
or 130 volts, the Commission proposes amending the Rule to require that
all panels of the package that contain a claim about lumen light,
wattage or life clearly and conspicuously identify the lamp as ``[125
volt/130 volt].''31
\30\If interested parties demonstrate that covered incandescent
lamps at additional design voltages are produced and sold, the
Commission can consider adding the additional design voltages to the
option.
\31\NEMA's counsel agreed that this condition would be
appropriate.
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The Commission proposes promulgating the optional compliance method
requested by NEMA as amendments to the Appliance Labeling Rule. The
proposed amendments would comply with the statutory mandate because
they would require clear and conspicuous disclosure on labels of the
specific performance information for the lamps when they are operated
at 120 volts. The proposed amendments would impose no additional
requirements on manufacturers, but merely would allow an alternative
format for manufacturers to make the required disclosures. At the same
time, the proposed amendments would ensure that purchasers are provided
with accurate information they need about the most efficient lamps that
meet their requirements when they make purchase decisions.
IV. Other Issues
A. NEMA's Request (Disclosures for Reflector Lamps)
NEMA believes that the existing lamp labeling requirements in the
Appliance Labeling Rule may be based on a technical misunderstanding of
incandescent reflector lamp characteristics, and would lead consumers
to purchase more energy intensive lamps than are needed.32
Accordingly, NEMA requests that the Appliance Labeling Rule be either
interpreted or amended as follows:33
\32\Letter dated November 11, 1994, to Kent C. Howerton and
James G. Mills, FTC, from Mark L. Perlis, Counsel to NEMA, at 2. See
also Letter dated December 5, 1994, to Kent C. Howerton, FTC, from
Mark L. Perlis, Counsel to NEMA.
\33\Petition at 1-3.
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(1) to require that disclosure of light output for an
incandescent reflector lamp shall be given for the lamp's ``total
forward lumens;'' and
(2) to delete the requirement that the disclosure of light
output be followed by the phrase ``at beam spread.''
NEMA further requests that Section 305.11(e)(1)(vi) of the
Appliance Labeling Rule be either interpreted or amended to permit, but
not require, a manufacturer the option to insert into the required
Advisory Statement the following italicized words:
``To save energy costs, find the bulb with the beam spread and
light output you need, then choose the one with the lowest watts.''
In support of these requests, NEMA explains that it may not clearly
have communicated to the Commission during the rulemaking proceeding
the difference between total lumens (or total forward lumens), which
are measured independently of beam spread, and beam intensity, which is
a measure of a reflector lamp's performance independent of lumens. NEMA
asserts that the requirement that the lumen disclosure be labeled ``at
beam spread,'' consequently, confuses two distinct performance
characteristics of reflector lamps. NEMA states that reflector lamp
purchasers choose a beam spread for a particular lighting task, whether
requiring sharply concentrated light or more dispersed light. Then,
purchasers determine how much light output or total forward lumens they
need, rather than beam lumens. Finally, NEMA asserts that purchasers
should be directed to the most efficient lamp at a given beam spread,
which will be the lamp with the lowest wattage for the desired total
lumen output.34
\34\ Letter dated November 11, 1994, to Kent C. Howerton and
James G. Mills, FTC, from Mark L. Perlis, Counsel to NEMA, at 2.
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NEMA believes that the existing requirements would merely confuse
purchasers and distract them from purchasing the most efficient lamp
that meets their needs. Such confusion would arise because, for lamps
with the same total forward lumens, the spotlight or narrow beam lamp
will always have fewer beam lumens than a floodlight. Labeling
incandescent reflector lamps only in terms of beam lumens thus would
often bias purchasers into selecting higher wattage lamps than are
needed to meet their lighting needs, or to save energy. Further, NEMA
states that the lamp efficiency standards specified by EPA 92 are based
on total [[Page 15204]] forward lumens rather than beam lumens.35
\35\Id.
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B. Background
Not all light produced by an incandescent reflector lamp is
reflected forward as useable light.36 Some light may escape around
the base of the cone and be lost into the lamp fixture. Some light may
be reflected back and forth inside the cone and not be emitted as
useful light output. In an attempt to ensure that only useable forward
light output would be disclosed as the lamp's lumen light output,
Section 305.11(e)(1)(iv) of the Appliance Labeling Rule requires that
the light output disclosed shall be for the lamp's ``beam spread,'' and
be followed clearly and conspicuously by the phrase ``at beam spread.''
\36\Incandescent reflector lamps (also known as reflectorized
incandescent lamps) are cone-shaped with a reflectorized coating
applied to the cone-shaped part of the bulb. Incandescent reflector
lamps thus allow light output to be directed and focused forward
through the face of the lamp. They may be used, for example, to
provide lighting from recessed ceiling fixtures or as spotlights or
floodlights.
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C. Proposed Amendments
The Commission agrees with NEMA's explanation and analysis. During
the rulemaking proceeding, and in discussions between the Commission's
staff and NEMA and various lamp manufacturers since the Commission
issued the final lamp labeling amendments to the Appliance Labeling
Rule, there has been confusion about the use of such terms as ``beam
spread,'' ``beam angle,'' ``total lumens,'' and ``total forward
lumens'' for incandescent reflector lamps. NEMA's proposal would
clarify that the required light output disclosure is for the useable
light output reflected forward (as was intended by the Commission), and
not merely of light focused within the more narrow ``beam spread.'' The
proposal also would clarify that the lumen disclosure for incandescent
reflector lamps is consistent with the lumen measurement used by the
Department of Energy (DOE) in determining the efficiency of these
products under the minimum efficiency standards set by EPA 92.37
\37\See Interim final rule, 59 FR 49468 (1994). The EPA 92
amendments to EPCA specify minimum efficiency standards for
incandescent reflector lamps and require DOE to issue rules
specifying the test procedures to be used in enforcing the minimum
efficiency standards. DOE published its interim final rule for
testing to comply with EPA 92's minimum efficiency standards on
September 28, 1994, after the Commission published the lamp labeling
rule amendments to the Appliance Labeling Rule.
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Accordingly, the Commission proposes amending Section
305.11(e)(1)(iv) of the Appliance Labeling Rule to clarify that the
required lumen disclosure for incandescent reflector lamps is of
``total forward lumens'' instead of lumens ``at beam spread.'' The
Commission also proposes amending Section 305.11(e)(1)(iv) to delete
the requirement that the lumen disclosure be followed by the phrase
``at beam spread.'' Because the lumen disclosure for all incandescent
reflector lamps must be based on the same lumen measurement, it is
unnecessary to specify that the disclosure is ``at beam spread.''
Lastly, the Commission proposes amending Sec. 305.11(e)(1)(vi) to allow
manufacturers, at their option, to insert in the Advisory Statement the
reference to selecting a lamp with the ``beam spread,'' as well as the
light output purchasers need. The Commission believes that the optional
Advisory Statement for incandescent reflector lamps would more
appropriately advise purchasers that, to save on energy costs, they
should select the lamp with the light output they need at the lowest
watts after first selecting the type of incandescent reflector lamp
(spotlight or floodlight) they need.
The Commission believes that the proposed amendments would impose
no additional requirements on manufacturers. Instead, they merely would
clarify the existing lamp labeling rules and allow manufacturers an
option in making the Advisory Statement disclosure. At the same time,
the Commission believes that the proposed amendments would ensure that
purchasers are provided with accurate information they need about the
most efficient lamps that meet their requirements when they make
purchase decisions.
List of Subjects in 16 CFR Part 305
Advertising, Consumer protection, Energy conservation, Household
appliances, Labeling, Lamp products, Penalties, Reporting and
recordkeeping requirements.
V. Text of Proposed Amendments
Accordingly, the Commission proposes that 16 CFR Part 305 be
amended as follows:
PART 305--RULE CONCERNING DISCLOSURES REGARDING ENERGY CONSUMPTION
AND WATER USE OF CERTAIN HOME APPLIANCES AND OTHER PRODUCTS
REQUIRED UNDER THE ENERGY POLICY AND CONSERVATION ACT (``APPLIANCE
LABELING RULE'')
1. The authority citation for Part 305 continues to read as
follows:
Authority: 42 U.S.C. 6294.
2. Section 305.11, to become effective May 15, 1995, is amended by
revising paragraph (e)(1)(iii), (iv), and (vi) as follows:
Sec. 305.11 Labeling for covered products.
* * * * *
(e) Lamps--
(1) * * *
(iii) The light output, energy usage and life ratings of any
covered product that is a medium base compact fluorescent lamp or
general service incandescent lamp (including an incandescent reflector
lamp), shall be measured at 120 volts, regardless of the lamp's design
voltage. If a lamp's design voltage is 125 volts or 130 volts, the
disclosures of the wattage, light output and life ratings shall in each
instance be:
(A) At 120 volts and followed by the phrase ``at 120 volts.'' In
such case, the labels for such lamps also may disclose the lamp's
wattage, light output and life at the designed voltage (e.g.,
``Light Output 1710 Lumens at 125 volts''); or
(B) At the design voltage and followed by the phrase ``at [125
volts/130 volts]'' if the ratings at 120 volts are disclosed clearly
and conspicuously on another panel of the package, and if all panels
of the package that contain a claimed light output, wattage or life
clearly and conspicuously identify the lamp as ``[125 volt/130
volt],'' and if the principal display panel clearly and
conspicuously discloses the following statement:
This product is designed for [125/130] volts. When used on the
normal line voltage of 120 volts, the light output and energy
efficiency are noticeably reduced. See [side/back] panel for 120
volt ratings.
(1)(iv) For any covered product that is an incandescent reflector
lamp, the required disclosure of light output shall be given for the
lamp's total forward lumens.
* * * * *
(vi) For any covered product that is a compact fluorescent lamp or
a general service incandescent lamp (including an incandescent
reflector lamp), there shall be clearly and conspicuously disclosed on
the principal display panel the following statement:
[[Page 15205]] To save energy costs, find the bulbs with the
[beam spread and] light output you need, then choose the one with
the lowest watts.
* * * * *
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-7058 Filed 3-21-95; 8:45 am]
BILLING CODE 6750-01-P
