
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6314]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
                 Part A-1--Certain Industrial Equipment
 
Sec. 6314. Test procedures


(a) Prescription by Secretary; requirements

    (1) The Secretary may conduct an evaluation of a class of covered 
equipment and may prescribe test procedures for such class in accordance 
with the provisions of this section.
    (2) Test procedures prescribed in accordance with this section shall 
be reasonably designed to produce test results which reflect energy 
efficiency, energy use, and estimated operating costs of a type of 
industrial equipment (or class thereof) during a representative average 
use cycle (as determined by the Secretary), and shall not be unduly 
burdensome to conduct.
    (3) 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 in a representative 
average-use cycle (as determined by the Secretary), and from 
representative average unit costs of the energy needed to operate such 
equipment during such cycle. The Secretary shall provide information to 
manufacturers of covered equipment respecting representative average 
unit costs of energy.
    (4)(A) With respect to small commercial package air conditioning and 
heating equipment, large commercial package air conditioning and heating 
equipment, packaged terminal air conditioners, packaged terminal heat 
pumps, warm-air furnaces, packaged boilers, storage water heaters, 
instantaneous water heaters, and unfired hot water storage tanks to 
which standards are applicable under section 6313 of this title, the 
test procedures shall be those generally accepted industry testing 
procedures or rating procedures developed or recognized by the Air-
Conditioning and Refrigeration Institute or by the American Society of 
Heating, Refrigerating and Air Conditioning Engineers, as referenced in 
ASHRAE/IES Standard 90.1 and in effect on June 30, 1992.
    (B) If such an industry test procedure or rating procedure for small 
commercial package air conditioning and heating equipment, large 
commercial package air conditioning and heating equipment, packaged 
terminal air conditioners, packaged terminal heat pumps, warm-air 
furnaces, packaged boilers, storage water heaters, instantaneous water 
heaters, or unfired hot water storage tanks is amended, the Secretary 
shall amend the test procedure for the product as necessary to be 
consistent with the amended industry test procedure or rating procedure 
unless the Secretary determines, by rule, published in the Federal 
Register and supported by clear and convincing evidence, that to do so 
would not meet the requirements for test procedures described in 
paragraphs (2) and (3) of this subsection.
    (C) If the Secretary prescribes a rule containing such a 
determination, the rule may establish an amended test procedure for such 
product that meets the requirements of paragraphs (2) and (3) of this 
subsection. In establishing any amended test procedure under this 
subparagraph or subparagraph (B), the Secretary shall follow the 
procedures and meet the requirements specified in section 6293(e) of 
this title.
    (5)(A) With respect to electric motors to which standards are 
applicable under section 6313 of this title, the test procedures shall 
be the test procedures specified in NEMA Standards Publication MG1-1987 
and IEEE Standard 112 Test Method B for motor efficiency, as in effect 
on October 24, 1992.
    (B) If the test procedure requirements of NEMA Standards Publication 
MG-1987 and IEEE Standard 112 Test Method B for motor efficiency are 
amended, the Secretary shall amend the test procedures established by 
subparagraph (A) to conform to such amended test procedure requirements 
unless the Secretary determines, by rule, published in the Federal 
Register and supported by clear and convincing evidence, that to do so 
would not meet the requirements for test procedures described in 
paragraphs (2) and (3) of this subsection.
    (C) If the Secretary prescribes a rule containing such a 
determination, the rule may establish amended test procedures for such 
electric motors that meets the requirements of paragraphs (2) and (3) of 
this subsection. In establishing any amended test procedure under this 
subparagraph or subparagraph (B), the Secretary shall follow the 
procedures and meet the requirements specified in section 6293(e) of 
this title.

(b) Publication in Federal Register; presentment of oral and written 
        data, views, and arguments by interested persons

    Before prescribing any final test procedures under this section, the 
Secretary shall--
        (1) publish proposed test procedures in the Federal Register; 
    and
        (2) afford interested persons an opportunity (of not less than 
    45 days' duration) to present oral and written data, views, and 
    arguments on the proposed test procedures.

(c) Reevaluations

    (1) The Secretary shall, not later than 3 years after the date of 
prescribing a test procedure under this section (and from time to time 
thereafter), conduct a reevaluation of such procedure and, on the basis 
of such reevaluation, shall determine if such test procedure should be 
amended. In conducting such reevaluation, the Secretary shall take into 
account such information as he deems relevant, including technological 
developments relating to the energy efficiency of the type (or class) of 
covered equipment involved.
    (2) If the Secretary determines under paragraph (1) that a test 
procedure should be amended, he shall promptly publish in the Federal 
Register proposed test procedures incorporating such amendments and 
afford interested persons an opportunity to present oral and written 
data, views, and arguments. Such comment period shall not be less than 
45 days' duration.

(d) Prohibited representations

    (1) Effective 180 days (or, in the case of small commercial package 
air conditioning and heating equipment, large commercial package air 
conditioning and heating equipment, packaged terminal air conditioners, 
packaged terminal heat pumps, warm-air furnaces, packaged boilers, 
storage water heaters, instantaneous water heaters, and unfired hot 
water storage tanks, 360 days) after a test procedure rule applicable to 
any covered equipment is prescribed under this section, no manufacturer, 
distributor, retailer, or private labeler may make any representation--
        (A) in writing (including any representation on a label), or
        (B) in any broadcast advertisement,

respecting the energy consumption of such equipment or cost of energy 
consumed by such equipment, unless such equipment has been tested in 
accordance with such test procedure and such representation fairly 
discloses the results of such testing.
    (2) 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 (1) 
may be extended by the Secretary with respect to the petitioner (but in 
no event for more than an additional 180 days) if he finds that the 
requirements of paragraph (1) would impose on such petitioner an undue 
hardship (as determined by the Secretary).

(e) Assistance by National Institute of Standards and Technology

    The Secretary may direct the National Institute of Standards and 
Technology to provide such assistance as the Secretary deems necessary 
to carry out his responsibilities under this part, including the 
development of test procedures.

(Pub. L. 94-163, title III, Sec. 343, as added Pub. L. 95-619, title IV, 
Sec. 441(a), Nov. 9, 1978, 92 Stat. 3270; amended Pub. L. 100-418, title 
V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102-486, title 
I, Sec. 122(b), (f)(2), Oct. 24, 1992, 106 Stat. 2808, 2817.)


                               Amendments

    1992--Subsec. (a)(1). Pub. L. 102-486, Sec. 122(b)(1)(A), added par. 
(1) and struck out former par. (1) which read as follows: ``If the 
Secretary has conducted an evaluation of a class of covered equipment 
under section 6313 of this title, he may prescribe test procedures for 
such class in accordance with the following provisions of this 
section.''
    Subsec. (a)(4), (5). Pub. L. 102-486, Sec. 122(b)(1)(B), added pars. 
(4) and (5).
    Subsecs. (c), (d). Pub. L. 102-486, Sec. 122(f)(2), redesignated 
subsec. (d), relating to reevaluations, as (c).
    Subsec. (d)(1). Pub. L. 102-486, Sec. 122(b)(2), inserted ``(or, in 
the case of small commercial package air conditioning and heating 
equipment, large commercial package air conditioning and heating 
equipment, packaged terminal air conditioners, packaged terminal heat 
pumps, warm-air furnaces, packaged boilers, storage water heaters, 
instantaneous water heaters, and unfired hot water storage tanks, 360 
days)'' after ``180 days''.
    1988--Subsec. (e). Pub. L. 100-418 substituted ``National Institute 
of Standards and Technology'' for ``National Bureau of Standards''.

                  Section Referred to in Other Sections

    This section is referred to in sections 6311, 6315, 6316 of this 
title.
