
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: 42USC6315]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
                 Part A-1--Certain Industrial Equipment
 
Sec. 6315. Labeling


(a) Prescription by Secretary

    If the Secretary has prescribed test procedures under section 6314 
of this title for any class of covered equipment, he shall prescribe a 
labeling rule applicable to such class of covered equipment in 
accordance with the following provisions of this section.

(b) Disclosure of energy efficiency of articles of covered equipment

    A labeling rule prescribed in accordance with this section shall 
require that each article of covered equipment which is in the type (or 
class) of industrial equipment to which such rule applies, discloses by 
label, the energy efficiency of such article, determined in accordance 
with test procedures under section 6314 of this title. Such rule may 
also require that such disclosure include the estimated operating costs 
and energy use, determined in accordance with test procedures under 
section 6314 of this title.

(c) Inclusion of requirements

    A rule prescribed in accordance with this section shall include such 
requirements as the Secretary determines are likely to assist purchasers 
in making purchasing decisions, including--
        (1) requirements and directions for display of any label,
        (2) requirements for including on any label, or separately 
    attaching to, or shipping with, the covered equipment, such 
    additional information relating to energy efficiency, energy use, 
    and other measures of energy consumption, including instructions for 
    the maintenance, use, or repair of the covered equipment, as the 
    Secretary determines necessary to provide adequate information to 
    purchasers, and
        (3) requirements that printed matter which is displayed or 
    distributed at the point of sale of such equipment shall disclose 
    such information as may be required under this section to be 
    disclosed on the label of such equipment.

(d) Labeling rules applicable to electric motors

    Subject to subsection (h) of this section, not later than 12 months 
after the Secretary establishes test procedures for electric motors 
under section 6314 of this title, the Secretary shall prescribe labeling 
rules under this section applicable to electric motors taking into 
consideration NEMA Standards Publication MG1-1987. Such rules shall 
provide that the labeling of any electric motor manufactured after the 
12-month period beginning on the date the Secretary prescribes such 
labeling rules, shall--
        (1) indicate the energy efficiency of the motor on the permanent 
    nameplate attached to such motor;
        (2) prominently display the energy efficiency of the motor in 
    equipment catalogs and other material used to market the equipment; 
    and
        (3) include such other markings as the Secretary determines 
    necessary solely to facilitate enforcement of the standards 
    established for electric motors under section 6313 of this title.

(e) Labeling rules for air conditioning and heating equipment

    Subject to subsection (h) of this section, not later than 12 months 
after the Secretary establishes test procedures 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, and unfired 
hot water storage tanks under section 6314 of this title, the Secretary 
shall prescribe labeling rules under this section for such equipment. 
Such rules shall provide that the labeling of any small commercial 
package air conditioning and heating equipment, large commercial package 
air conditioning and heating equipment, packaged terminal air 
conditioner, packaged terminal heat pump, warm-air furnace, packaged 
boiler, storage water heater, instantaneous water heater, and unfired 
hot water storage tank manufactured after the 12-month period beginning 
on the date the Secretary prescribes such rules shall--
        (1) indicate the energy efficiency of the equipment on the 
    permanent nameplate attached to such equipment or other nearby 
    permanent marking;
        (2) prominently display the energy efficiency of the equipment 
    in new equipment catalogs used by the manufacturer to advertise the 
    equipment; and
        (3) include such other markings as the Secretary determines 
    necessary solely to facilitate enforcement of the standards 
    established for such equipment under section 6313 of this title.

(f) Consultation with Federal Trade Commission

    Before prescribing any labeling rules for a type (or class) of 
covered equipment, the Secretary shall consult with, and obtain the 
written views of, the Federal Trade Commission with respect to such 
rules. The Federal Trade Commission shall promptly provide such written 
views upon the request of the Secretary.

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

    (1) Before prescribing any labeling rules under this section, the 
Secretary shall--
        (A) publish proposed labeling rules in the Federal Register, and
        (B) afford interested persons an opportunity (of not less than 
    45 days' duration) to pre- sent oral and written data, views, and 
    arguments on the proposed rules.

    (2) A labeling rule prescribed under this section shall take effect 
not later than 3 months after the date of prescription of such rule, 
except that such rules may take effect not later than 6 months after 
such date of prescription if the Secretary determines that such 
extension is necessary to allow persons subject to such rules adequate 
time to come into compliance with such rules.

(h) Restrictions on Secretary's authority to promulgate rules

    The Secretary shall not promulgate labeling rules for any class of 
industrial equipment unless he has determined that--
        (1) labeling in accordance with this section is technologically 
    and economically feasible with respect to such class;
        (2) significant energy savings will likely result from such 
    labeling; and
        (3) labeling in accordance with this section is likely to assist 
    consumers in making purchasing decisions.

(i) Tests for accuracy of information contained on labels

    When requested by the Secretary, any manufacturer of industrial 
equipment to which a rule under this section applies shall supply at the 
manufacturer's expense a reasonable number of articles of such covered 
equipment to any laboratory or testing facility designated by the 
Secretary, or permit representatives of such laboratory or facility to 
test such equipment at the site where it is located, for purposes of 
ascertaining whether the information set out on the label, or otherwise 
required to be disclosed, as required under this section, is accurate. 
Any reasonable charge levied by the laboratory or facility for such 
testing shall be borne by the United States, if and to the extent 
provided in appropriations Acts.

(j) Products completed prior to effective date of rules

    A labeling rule under this section shall not apply to any article of 
covered equipment the manufacture of which was completed before the 
effective date of such rule.

(k) Labeling authority under Federal Trade Commission Act

    Until such time as labeling rules under this section take effect 
with respect to a type (or class) of covered equipment, this section 
shall not affect any authority of the Commission under the Federal Trade 
Commission Act [15 U.S.C. 41 et seq.] to require labeling with respect 
to energy consumption of such type (or class) of covered equipment.

(Pub. L. 94-163, title III, Sec. 344, as added Pub. L. 95-619, title IV, 
Sec. 441(a), Nov. 9, 1978, 92 Stat. 3271; amended Pub. L. 102-486, title 
I, Sec. 122(c), Oct. 24, 1992, 106 Stat. 2809.)

                       References in Text

    The Federal Trade Commission Act, referred to in subsec. (k), is act 
Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified 
generally to subchapter I (Sec. 41 et seq.) of chapter 2 of Title 15, 
Commerce and Trade. For complete classification of this Act to the Code, 
see section 58 of Title 15 and Tables.


                               Amendments

    1992--Subsec. (a). Pub. L. 102-486, Sec. 122(c)(1), substituted 
``shall prescribe'' for ``may prescribe''.
    Subsec. (c). Pub. L. 102-486, Sec. 122(c)(2), substituted ``shall 
include'' for ``may include''.
    Subsecs. (d) to (k). Pub. L. 102-486, Sec. 122(c)(3), (4), added 
subsecs. (d) and (e) and redesignated former subsecs. (d) to (i) as (f) 
to (k), respectively.

                  Section Referred to in Other Sections

    This section is referred to in section 6316 of this title.
