
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6293]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
  Part A--Energy Conservation Program for Consumer Products Other Than 
                               Automobiles
 
Sec. 6293. Test procedures


(a) General rule

    All test procedures and related determinations prescribed or made by 
the Secretary with respect to any covered product (or class thereof) 
which are in effect on March 17, 1987, shall remain in effect until the 
Secretary amends such test procedures and related determinations under 
subsection (b) of this section.

(b) Amended and new procedures

    (1)(A) The Secretary may amend test procedures with respect to any 
covered product if the Secretary determines that amended test procedures 
would more accurately or fully comply with the requirements of paragraph 
(3).
    (B) The Secretary may, in accordance with the requirements of this 
subsection, prescribe test procedures for any consumer product 
classified as a covered product under section 6292(b) of this title.
    (C) The Secretary shall direct the National Institute of Standards 
and Technology to assist in developing new or amended test procedures.
    (2) If the Secretary determines, on his own behalf or in response to 
a petition by any interested person, that a test procedure should be 
prescribed or amended, the Secretary shall promptly publish in the 
Federal Register proposed test procedures and afford interested persons 
an opportunity to present oral and written data, views, and arguments 
with respect to such procedures. The comment period shall not be less 
than 60 days and may be extended for good cause shown to not more than 
270 days. In prescribing or amending a test procedure, the Secretary 
shall take into account such information as the Secretary determines 
relevant to such procedure, including technological developments 
relating to energy use or energy efficiency of the type (or class) of 
covered products involved.
    (3) Any test procedures prescribed or amended under this section 
shall be reasonably designed to produce test results which measure 
energy efficiency, energy use, water use (in the case of showerheads, 
faucets, water closets and urinals), or estimated annual operating cost 
of a covered product during a representative average use cycle or period 
of use, as determined by the Secretary, and shall not be unduly 
burdensome to conduct.
    (4) If the test procedure is a procedure for determining estimated 
annual operating costs, such procedure shall provide that such costs 
shall be calculated from measurements of energy use or, in the case of 
showerheads, faucets, water closets, or urinals, water use in a 
representative average use cycle or period of use, as determined by the 
Secretary, and from representative average unit costs of the energy 
needed to operate such product during such cycle, or in the case of 
showerheads, faucets, water closets, or urinals, representative average 
unit costs of water and wastewater treatment service resulting from the 
operation of such products during such cycle. The Secretary shall 
provide information to manufacturers with respect to representative 
average unit costs of energy, water, and wastewater treatment.
    (5) With respect to fluorescent lamp ballasts manufactured on or 
after January 1, 1990, and to which standards are applicable under 
section 6295 of this title, the Secretary shall prescribe test 
procedures that are in accord with ANSI standard C82.2-1984 or other 
test procedures determined appropriate by the Secretary.
    (6) With respect to fluorescent lamps and incandescent reflector 
lamps to which standards are applicable under subsection (i) of section 
6295 of this title, the Secretary shall prescribe test procedures, to be 
carried out by accredited test laboratories, that take into 
consideration the applicable IES or ANSI standard.
    (7)(A) Test procedures for showerheads and faucets to which 
standards are applicable under subsection (j) of section 6295 of this 
title shall be the test procedures specified in ASME A112.18.1M-1989 for 
such products.
    (B) If the test procedure requirements of ASME A112.18.1M-1989 are 
revised at any time and approved by ANSI, the Secretary shall amend the 
test procedures established by subparagraph (A) to conform to such 
revised ASME/ANSI requirements unless the Secretary determines, by rule, 
that to do so would not meet the requirements of paragraph (3).
    (8)(A) Test procedures for water closets and urinals to which 
standards are applicable under subsection (k) of section 6295 of this 
title shall be the test procedures specified in ASME A112.19.6-1990 for 
such products.
    (B) If the test procedure requirements of ASME A112.19.6-1990 are 
revised at any time and approved by ANSI, the Secretary shall amend the 
test procedures established by subparagraph (A) to conform to such 
revised ASME/ANSI requirements unless the Secretary determines, by rule, 
that to do so would not meet the requirements of paragraph (3).

(c) Restriction on certain representations

    (1) No manufacturer, distributor, retailer, or private labeler may 
make any representation--
        (A) in writing (including a representation on a label); or
        (B) in any broadcast advertisement,

with respect to the energy use or efficiency or, in the case of 
showerheads, faucets, water closets, and urinals, water use of a covered 
product to which a test procedure is applicable under subsection (a) of 
this section or the cost of energy consumed by such product, unless such 
product has been tested in accordance with such test procedure and such 
representation fairly discloses the results of such testing.
    (2) Effective 180 days after an amended or new test procedure 
applicable to a covered product is prescribed or established under 
subsection (b) of this section, no manufacturer, distributor, retailer, 
or private labeler may make any representation--
        (A) in writing (including a representation on a label); or
        (B) in any broadcast advertisement,

with respect to energy use or efficiency or, in the case of showerheads, 
faucets, water closets, and urinals, water use of such product or cost 
of energy consumed by such product, unless such product has been tested 
in accordance with such amended or new test procedures and such 
representation fairly discloses the results of such testing.
    (3) On the petition of any manufacturer, distributor, retailer, or 
private labeler, filed not later than the 60th day before the expiration 
of the period involved, the 180-day period referred to in paragraph (2) 
may be extended by the Secretary with respect to the petitioner (but in 
no event for more than an additional 180 days) if the Secretary 
determines that the requirements of paragraph (2) would impose an undue 
hardship on such petitioner.

(d) Case in which test procedure is not required

    (1) The Secretary is not required to publish and prescribe test 
procedures for a covered product (or class thereof) if the Secretary 
determines, by rule, that test procedures cannot be developed which meet 
the requirements of subsection (b)(3) of this section and publishes such 
determination in the Federal Register, together with the reasons 
therefor.
    (2) For purposes of section 6297 of this title, a determination 
under paragraph (1) with respect to any covered product or class shall 
have the same effect as would a standard prescribed for a covered 
product (or class).

(e) Amendment of standard

    (1) In the case of any amended test procedure which is prescribed 
pursuant to this section, the Secretary shall determine, in the 
rulemaking carried out with respect to prescribing such procedure, to 
what extent, if any, the proposed test procedure would alter the 
measured energy efficiency, measured energy use, or measured water use 
of any covered product as determined under the existing test procedure.
    (2) If the Secretary determines that the amended test procedure will 
alter the measured efficiency or measured use, the Secretary shall amend 
the applicable energy conservation standard during the rulemaking 
carried out with respect to such test procedure. In determining the 
amended energy conservation standard, the Secretary shall measure, 
pursuant to the amended test procedure, the energy efficiency, energy 
use, or water use of a representative sample of covered products that 
minimally comply with the existing standard. The average of such energy 
efficiency, energy use, or water use levels determined under the amended 
test procedure shall constitute the amended energy conservation standard 
for the applicable covered products.
    (3) Models of covered products in use before the date on which the 
amended energy conservation standard becomes effective (or revisions of 
such models that come into use after such date and have the same energy 
efficiency, energy use, or water use characteristics) that comply with 
the energy conservation standard applicable to such covered products on 
the day before such date shall be deemed to comply with the amended 
energy conservation standard.
    (4) The Secretary's authority to amend energy conservation standards 
under this subsection shall not affect the Secretary's obligation to 
issue final rules as described in section 6295 of this title.

(Pub. L. 94-163, title III, Sec. 323, Dec. 22, 1975, 89 Stat. 919; Pub. 
L. 95-619, title IV, Secs. 421, 425(a), title VI, Sec. 691(b)(2), Nov. 
9, 1978, 92 Stat. 3257, 3265, 3288; Pub. L. 100-12, Sec. 4, Mar. 17, 
1987, 101 Stat. 105; Pub. L. 100-357, Sec. 2(c), June 28, 1988, 102 
Stat. 672; Pub. L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 
Stat. 1433; Pub. L. 102-486, title I, Sec. 123(d), Oct. 24, 1992, 106 
Stat. 2821.)


                               Amendments

    1992--Subsec. (b)(3). Pub. L. 102-486, Sec. 123(d)(1)(A), inserted 
``water use (in the case of showerheads, faucets, water closets and 
urinals),'' after ``energy use,''.
    Subsec. (b)(4). Pub. L. 102-486, Sec. 123(d)(1)(B), in first 
sentence inserted ``or, in the case of showerheads, faucets, water 
closets, or urinals, water use'' after ``energy use'' and ``, or in the 
case of showerheads, faucets, water closets, or urinals, representative 
average unit costs of water and wastewater treatment service resulting 
from the operation of such products during such cycle'' after ``such 
cycle'', and in second sentence inserted ``, water, and wastewater 
treatment'' before period at end.
    Subsec. (b)(6) to (8). Pub. L. 102-486, Sec. 123(d)(1)(C), added 
pars. (6) to (8).
    Subsec. (c)(1). Pub. L. 102-486, Sec. 123(d)(2), in closing 
provisions inserted ``or, in the case of showerheads, faucets, water 
closets, and urinals, water use'' after ``efficiency''.
    Subsec. (c)(2). Pub. L. 102-486, Sec. 123(d)(3), in introductory 
provisions substituted ``prescribed or established'' for ``prescribed''.
    Pub. L. 102-486, Sec. 123(d)(2), in closing provisions inserted 
``or, in the case of showerheads, faucets, water closets, and urinals, 
water use'' after ``efficiency''.
    Subsec. (e)(1) to (3). Pub. L. 102-486, Sec. 123(d)(4), substituted 
``, measured energy use, or measured water use'' for ``or measured 
energy use'' in par. (1) and ``energy efficiency, energy use, or water 
use'' for ``energy efficiency or energy use'' in two places in par. (2) 
and once in par. (3).
    1988--Subsec. (b)(1)(C). Pub. L. 100-418 substituted ``National 
Institute of Standards and Technology'' for ``National Bureau of 
Standards''.
    Subsec. (b)(5). Pub. L. 100-357 added par. (5).
    1987--Pub. L. 100-12 amended section generally, revising and 
restating as subsecs. (a) to (e) provisions formerly contained in 
subsecs. (a) to (c).
    1978--Subsec. (a)(1), (2). Pub. L. 95-619, Sec. 691(b)(2), 
substituted ``Secretary'' for ``Administrator'', meaning Administrator 
of the Federal Energy Administration, wherever appearing.
    Subsec. (a)(3). Pub. L. 95-619, Secs. 425(a), 691(b)(2), struck out 
``Except as provided in paragraph (6),'' before ``The Secretary'', 
struck out provision requiring proposed test procedures to be published 
not later than June 30, 1976, with certain excepted cases not required 
to be published before Sept. 30, 1976 and June 30, 1977, and substituted 
``Secretary'' for ``Administrator''.
    Subsec. (a)(4). Pub. L. 95-619, Secs. 421(a), 691(b)(2), 
redesignated provisions formerly classified to subpar. (A), as par. (4) 
and in par. (4), as so redesignated, struck out ``Except as provided in 
paragraph (6),'' before ``The Secretary shall'', substituted 
``Secretary'' for ``Administrator'' in two places, inserted provision 
requiring the prescription of test procedures not later than Jan. 31, 
1978, and struck out subpar. (B) requiring the prescription of test 
procedures not later than Sept. 30, 1976, with certain excepted cases 
required to be prescribed not later than Dec. 31, 1976 and Sept. 30 
1977.
    Subsec. (a)(5). Pub. L. 95-619, Sec. 691(b)(2), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Subsec. (a)(6). Pub. L. 95-619, Sec. 421(b), redesignated existing 
provisions as subpar. (A) and, in subpar. (A) as so redesignated, 
substituted ``Secretary'' for ``Administrator'', struck out provisions 
relating to the authority to delay publication of proposed test 
procedures, inserted requirement that a determination of a necessary 
prescription delay be submitted in a report to Congress, inserted 
specific ninety day time limitation for delayed prescriptions, and added 
subpar. (B).
    Subsec. (a)(7). Pub. L. 95-619, Sec. 421(c), added par. (7).
    Subsec. (b). Pub. L. 95-619, Sec. 691(b)(2), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Subsec. (c). Pub. L. 95-619, Sec. 421(d), redesignated existing 
provisions as par. (1), substituted ``180 days'' for ``90 days'' and 
redesignated former pars. (1) and (2) as subpars. (A) and (B), 
respectively, and added par. (2).

                  Section Referred to in Other Sections

    This section is referred to in sections 6291, 6294, 6295, 6296, 
6297, 6303, 6306, 6314, 6316 of this title.
