(2) In the case of a rule prescribed under section 6295 of this title, the Secretary shall, by means of conferences or other informal procedures, afford any interested person an opportunity to question (A) other interested persons who have made oral presentations; and (B) employees of the United States who have made written or oral presentations with respect to disputed issues of material fact. Such opportunity shall be afforded to the extent the Secretary determines that questioning pursuant to such procedures is likely to result in a more timely and effective resolution of such issues. (3) A transcript shall be kept of any oral presentations made under this subsection. (b) Petition by persons adversely affected by rules; effect on other laws (1) Any person who will be adversely affected by a rule prescribed under section 6293, 6294, or 6295 of this title may, at any time within 60 days after the date on which such rule is prescribed, file a petition with the United States court of appeals for the circuit in which such person resides or has his principal place of business, for judicial review of such rule. A copy of the petition shall be transmitted by the clerk of the court to the agency which prescribed the rule. Such agency shall file in the court the written submissions to, and transcript of, the proceedings on which the rule was based, as provided in section 2112 of title 28. (2) Upon the filing of the petition referred to in paragraph (1), the court shall have jurisdiction to review the rule in accordance with chapter 7 of title 5 and to grant appropriate relief as provided in such chapter. No rule under section 6293, 6294, or 6295 of this title may be affirmed unless supported by substantial evidence. (3) The judgment of the court affirming or setting aside, in whole or in part, any such rule shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28. (4) The remedies provided for in this subsection shall be in addition to, and not in substitution for, any other remedies provided by law. (5) The procedures applicable under this part shall not (A) be considered to be modified or affected by any other provision of law unless such other provision specifically amends this part (or provisions of law cited herein); or (B) be considered to be superseded by any other provision of law unless such other provision does so in specific terms by referring to this part and declaring that such provision supersedes, in whole or in part, the procedures of this part. (c) Jurisdiction Jurisdiction is vested in the Federal district courts of the United States over actions brought by (1) any adversely affected person to determine whether a State or local government is complying with the requirements of this part; and (2) any person who files a petition under section 6295(k) of this title which is denied by the Secretary. (Pub. L. 94-163, title III, § 336, Dec. 22, 1975, 89 Stat. 930; Pub. L. 95-619, title IV, §§ 425(g), 427, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3266, 3267, 3288; Pub. L. 100-12, § 9, Mar. 17, 1987, 101 Stat. 123.) AMENDMENTS 1987-Subsec. (a). Pub. L. 100-12 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "Rules under sections 6293, 6294, 6295(a), 6297(b), or 6298 of this title shall be prescribed in accordance with section 553 of title 5, except that "(1) interested persons shall be afforded an opportunity to present written and oral data, views, and arguments with respect to any proposed rule, and "(2) in the case of a rule under section 6295(a) of this title, the Secretary shall, by means of conferences or other informal procedures, afford any interested person an opportunity to question "(A) other interested persons who have made oral presentations under paragraph (1), and "(B) employees of the United States who have made written or oral presentations, with respect to disputed issues of material fact. Such opportunity shall be afforded to the extent the Secretary determines that questioning pursuant to such procedures is likely to result in a more timely and effective resolution of such issues. A transcript shall be kept of any oral presentations made under this subsection." Subsec. (b). Pub. L. 100-12 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "(1) Any person who will be adversely affected by a rule prescribed under section 6293, 6294, or 6295 of this title when it is effective may, at any time prior to the sixtieth day after the date such rule is prescribed, file a petition with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for a judicial review thereof. A copy of the petition shall be forthwith transmitted by the clerk of the court to the agency which prescribed the rule. Such agency thereupon shall file in the court the written submissions to, and transcript of, the proceedings on which the rule was based as provided in section 2112 of title 28. "(2) Upon the filing of the petition referred to in paragraph (1), the court shall have jurisdiction to review the rule in accordance with chapter 7 of title 5 and to grant appropriate relief as provided in such chapter. No rule under section 6293, 6294, or 6295 of this title may be affirmed unless supported by substantial evidence. "(3) The judgment of the court affirming or setting aside, in whole or in part, any such rule shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28. "(4) The remedies provided for in this subsection shall be in addition to, and not in substitution for, any other remedies provided by law." Subsec. (c). Pub. L. 100-12 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "(1) Titles IV and V of the Department of Energy Organization Act shall not apply with respect to the procedures under this part. "(2) The procedures applicable under this part shall not "(A) be considered to be modified or affected by any other provision of law unless such other provision specifically amends this part (or provisions of law cited herein), or "(B) be considered to be superseded by any other provision of law unless such other provision does so in specific terms, referring to this part, and declar ing that such provision supersedes, in whole or in part, the procedures of this part." 1978 Subsec. (a). Pub. L. 95-619, §§ 425(g)(1)–(3), 691(b)(2), struck out par. designation "(1)" before "Rules" and substituted reference to section “6295(a)” for "6295(a)(1), (2), or (3)" in first sentence; redesignated subpars. (A) and (B) and cls. (i) and (ii) of subpar. (B) as pars. (1) and (2) and subpars. (A) and (B) of par. (2), respectively; struck out "paragraph (1), (2), or (3) of" before "section 6295(a)" in par. (2) as so redesignated; directed the substitution of “paragraph (1)" for "subparagraph (A)” in par. (2)(B) as so redesignated, which was executed to par. (2)(A) as so redesignated to reflect the probable intent of Congress; substituted "subsection" for "paragraph” in last sentence; and substituted "Secretary" for "Administrator", meaning Administrator of the Federal Energy Administation, wherever appearing. Par. (2), which provided that subsecs. (c) and (d) of section 57a of title 15 shall apply to rules under section 6295 of this title (other than subsecs. (a)(1), (2), and (3)) to the same extent that such subsecs. apply to rules under section 57a(a)(1)(B) of title 15, was struck out to reflect the probable intent of Congress in view of the amendment by Pub. L. 95-619, § 425(g)(1), which struck out designation “(1)” after subsection (a) designation, and in view of the amendment by Pub. L. 95-619, § 422, to section 6295(a) of this title, which struck out pars. (3) to (5) therefrom. Subsec. (b). Pub. L. 95-619, § 425(g)(4), (5), substituted "section 6293, 6294, or 6295" for "section 6293 or 6294" in pars. (1) and (2) and struck out former par. (5) which related to the application of section 57a(e) of title 15 to rules under section 6295 of this title. Subsec. (c). Pub. L. 95-619, § 427, added subsec. (c). SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 6295, 6316 of this title. § 6307. Consumer education The Secretary shall, in close cooperation and coordination with the Commission and appropriate industry trade associations and industry members, including retailers, and interested consumer and environmental organizations, carry out a program to educate consumers and other persons with respect to (1) the significance of estimated annual operating costs; (2) the way in which comparative shopping, including comparisons of estimated annual operating costs, can save energy for the Nation and money for consumers; and (3) such other matters as the Secretary determines may encourage the conservation of energy in the use of consumer products. Such steps to educate consumers may include publications, audiovisual presentations, demonstrations, and the sponsorship of national and regional conferences involving manufacturers, distributors, retailers, and consumers, and State, local, and Federal Government representatives. Nothing in this section may be construed to require the compilation of lists which compare the estimated annual operating costs of consumer products by model or manufacturer's name. (Pub. L. 94-163, title III, § 337, Dec. 22, 1975, 89 Stat. 931; Pub. L. 95-619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288.) AMENDMENTS 1978-Pub. L. 95-619 substituted "Secretary" for "Administrator", meaning Administrator of the Federal Energy Administration, wherever appearing. § 6308. Annual report The Secretary shall report to the Congress and the President either (1) as part of his annual report, or (2) in a separate report submitted annually, on the progress of the program undertaken pursuant to this part and on the energy savings impact of this part. Each such report shall specify the actions undertaken by the Secretary in carrying out this part during the period covered by such report, and those actions which the Secretary was required to take under this part during such period but which were not taken, together with the reasons therefor. Nothing in this section provides a defense or justification for a failure by the Secretary to comply with a nondiscretionary duty as provided for in this part. (Pub. L. 94-163, title III, § 338, Dec. 22, 1975, 89 Stat. 932; Pub. L. 95-619, title IV, § 425(h), title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3266, 3288; Pub. L. 100-12, § 10, Mar. 17, 1987, 101 Stat. 124.) AMENDMENTS 1987-Pub. L. 100-12 inserted at end "Nothing in this section provides a defense or justification for a failure by the Secretary to comply with a nondiscretionary duty as provided for in this part." 1978-Pub. L. 95-619 inserted requirement that each report under this section should account for actions taken by the Secretary, as well as actions not taken, during the covered period in carrying out this part and substituted "Secretary" for "Administrator", meaning Administrator of the Federal Energy Administration. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6294 of this title. § 6309. Authorization of appropriations (a) Authorizations for Secretary There are authorized to be appropriated to the Secretary not more than the following amounts to carry out his responsibilities under this part (1) $1,700,000 for fiscal year 1976; (2) $1,500,000 for fiscal year 1977; (3) $3,300,000 for fiscal year 1978; and (4) $10,000,000 for fiscal year 1979. Amounts authorized for such purposes under paragraph (3) shall be in addition to amounts otherwise authorized and appropriated for such purposes. (b) Authorizations for Commission There are authorized to be appropriated to the Commission not more than the following amounts to carry out its responsibilities under this part (1) $650,000 for fiscal year 1976; • So in original. Probably should be designated “(4)”. (c) Other authorizations There are authorized to be appropriated to the Secretary to be allocated not more than the following amounts (1) $1,100,000 for fiscal year 1976; (2) $2,500,000 for fiscal year 1977; and (3) $1,800,000 for fiscal year 1978. Such amounts shall, and any amounts authorized to be appropriated under subsection (a) of this section, may be allocated by the Secretary to the National Institute of Standards and Technology. (Pub. L. 94-163, title III, § 339, Dec. 22, 1975, 89 Stat. 932; Pub. L. 95-70, § 3, July 21, 1977, 91 Stat. 276; Pub. L. 95-619, title IV, § 426, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3267, 3288; Pub. L. 100-12, § 11(b)(8), Mar. 17, 1987, 101 Stat. 126; Pub. L. 100-418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.) AMENDMENTS 1988-Subsec. (c). Pub. L. 100-418 substituted "National Institute of Standards and Technology" for "National Bureau of Standards" in closing provisions. 1987-Pub. L. 100-12 inserted headings for subsecs. (a) to (c). 1978 Subsec. (a). Pub. L. 95-619, §§ 426(a), 691(b)(2), substituted "Secretary" for "Administrator", meaning Administrator of the Federal Energy Administration, in text preceding par. (1), “$3,300,000" for "$1,500,000" in par. (3), added par. (4), and provided that amounts authorized under par. (3) would be in addition to amounts otherwise authorized and appropriated. Subsec. (b)(3). Pub. L. 95-619, § 426(b), added second par. (3) relating to fiscal year 1979. Subsec. (c). Pub. L. 95-619, § 691(b)(2), substituted "Secretary" for “Administrator". 1977-Subsec. (c)(2). Pub. L. 95-70, § 3(a), substituted "$2,500,000" for "$700,000". Subsec. (c)(3). Pub. L. 95-70, § 3(b), substituted "$1,800,000" for "$700,000". PART A-1-CERTAIN INDUSTRIAL EQUIPMENT CODIFICATION This part was, in the original, designated part C and has been changed to part A-1 for purposes of codification. § 6311. Definitions For purposes of this part (1) The term "covered equipment" means one of the following types of industrial equipment: (A) Electric motors and pumps. (B) Any other type of industrial equipment which the Secretary classifies as covered equipment under section 6312(b) of this title. (2)(A) The term "industrial equipment” means any article of equipment referred to in subparagraph (B) of a type (i) which in operation consumes, or is designed to consume, energy; (ii) which, to any significant extent, is distributed in commerce for industrial or commercial use; and (iii) which is not a "covered product" as defined in section 6291(a)(2) of this title, other than a component of a covered product with respect to which there is in effect a determination under section 6312(c) of this title; without regard to whether such article is in fact distributed in commerce for industrial or commercial use. (B) The types of equipment referred to in this subparagraph (in addition to electric motors and pumps) are as follows: (i) compressors; (ii) fans; (iii) blowers; (iv) refrigeration equipment; (v) air conditioning equipment; (vi) electric lights; (vii) electrolytic equipment; (viii) electric arc equipment; (ix) steam boilers; (x) ovens; (xi) furnaces; (xii) kilns; (xiii) evaporators; and (xiv) dryers. (3) the term "energy efficiency" means the ratio of the useful output of services from an article of industrial equipment to the energy use by such article, determined in accordance with test procedures under section 6314 of this title. (4) The term "energy use" means the quantity of energy directly consumed by an article of industrial equipment at the point of use, determined in accordance with test procedures established under section 6314 of this title. (5) The term "manufacturer" means any person who manufactures industrial equipment. (6) The term "label" may include any printed matter determined appropriate by the Secretary. (7) The terms "energy", "manufacture", "import", "importation", "consumer product", "distribute in commerce", "distribution in commerce", and "commerce" have the same meaning as is given such terms in section 6291 of this title. (Pub. L. 94-163, title III, § 340, as added Pub. L. 95-619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3267.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6312 of this title. § 6312. Purposes and coverage (a) Congressional statement of purpose It is the purpose of this part to improve the efficiency of electric motors and pumps and certain other industrial equipment in order to conserve the energy resources of the Nation. (b) Inclusion of industrial equipment as covered equipment The Secretary may, by rule, include a type of industrial equipment as covered equipment if 'So in original. Probably should be "The". he determines that to do so is necessary to carry out the purposes of this part. (c) Inclusion of component parts of consumer products as industrial equipment The Secretary may, by rule, include as industrial equipment articles which are component parts of consumer products, if he determines that (1) such articles are, to a significant extent, distributed in commerce other than as component parts for consumer products; and (2) such articles meet the requirements of section 6311(2)(A) of this title (other than clauses (ii) and (iii)). (Pub. L. 94-163, title III, § 341, as added Pub. L. 95–619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3268.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6311 of this title. § 6313. Evaluations (a) Electric motors and pumps; report to Congress Not later than 18 months after November 9, 1978, the Secretary shall (1) evaluate electric motors and pumps to(A) determine standard classifications with respect to size, function, type of energy used, method of manufacture, or other factors which may be appropriate for purpose of this part; and (B) determine the practicability and effects of requiring all or part of the classes of electric motors and pumps determined under subparagraph (A) to meet performance standards establishing minimum levels of energy efficiency; and (2) submit a report to the Congress on the results of such evaluation, together with such recommendations for legislation as he considers appropriate. (b) Other industrial equipment; report to Congress (1) The Secretary may conduct an evaluation of any type of industrial equipment (other than electric motors or pumps) to (A) determine standard classifications with respect to size, function, type of energy used, method of manufacture, or other factors which may be appropriate for purposes of this part; and (B) determine the practicability and effects of requiring all or part of the classes determined under subparagraph (A) to meet performance standards establishing minimum levels of energy efficiency. (2) After the completion of an evaluation under paragraph (1), the Secretary shall submit to the Congress a report on such evaluation, together with such recommendations for legislation as he considers appropriate. (c) Duties of Secretary (1) In conducting an evaluation under subsection (a) or (b) of this section, the Secretary shall, with respect to equipment covered by the evaluation (A) identify significant factors that determine energy efficiency, including hours of op eration per year and average power consumption at normal use and at full capacity; (B) estimate current and future equipment population profiles; (C) estimate the potential for improvements in energy efficiency that in the Secretary's judgment are both technologically feasible and economically justified; (D) estimate likely increases or decreases in energy efficiency and total energy savings likely to result from implementation of— (i) labeling rules, and (ii) energy efficiency standards; and (E) examine such other factors as the Secretary determines appropriate. (2) Before submitting a report to the Congress under subsection (a) or (b) of this section, the Secretary shall— (A) make available to interested persons copies of the proposed report, publish in the Federal Register notice of availability of such report, and afford interested persons an opportunity (of not less than 60 days' duration) to present written comments; and (B) make such modifications of such report as he may consider appropriate on the basis of such comments. (3) Any standard classification of industrial equipment established under subsection (a) or (b) of this section shall (A) define the equipment contained therein; and (B) characterize the equipment and its general use. (Pub. L. 94-163, title III, § 342, as added Pub. L. 95-619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3269.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6314 of this title. § 6314. Test procedures (a) Prescription by Secretary; requirements (1) 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. (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. (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. (d) 2 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 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. * So in original. Probably should be designated "(c)". (Pub. L. 94–163, title III, § 343, as added Pub. L. 95-619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3270, and amended Pub. L. 100-418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.) AMENDMENTS 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. § 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 may 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 may 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) 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. |