PART B-ENERGY CONSERVATION PROGRAM FOR CONSUMER DEFINITIONS SEC. 321. (a) For purposes of this part: (1) The term "consumer product" means any article (other than an automobile, as defined in section 501 (1) of the Motor Vehicle Information and Cost Savings Act) of a type (A) which in operation consumes, or is designed to consume, energy; and (B) which, to any significant extent, is distributed in commerce for personal use or consumption by individuals; without regard to whether such article of such type is in fact distributed in commerce for personal use or consumption by an individual. (2) The term "covered product" means a consumer product of a type specified in section 322. (3) The term "energy" means electricity, or fossil fuels. The Administrator may, by rule, include other fuels within the meaning of the term "energy" if he determines that such inclusion is necessary or appropriate to carry out the purposes of this Act. (4) The term "energy use" means the quantity of energy directly consumed by a consumer product at point of use, determined in accordance with test procedures under section 323. (5) The term "energy efficiency" means the ratio of the useful output of services from a consumer product to the energy use of such product, determined in accordance with test procedures under section 323. (6) The term "energy efficiency standard" means a performance standard (A) which prescribes a minimum level of energy efficiency for a covered product, determined in accordance with test procedures prescribed under section 323, and (B) which includes any other requirements which the Administrator may prescribe under section 325 (c). (7) The term "estimated annual operating cost" means the aggregate retail cost of the energy which is likely to be consumed annually in representative use of a consumer product, determined in accordance with section 323. (8) The term "measure of energy consumption" means energy use, energy efficiency, estimated annual operating cost, or other measure of energy consumption. (9) The term "class of covered products" means a group of covered products, the functions or intended uses of which are similar (as determined by the Administrator). (10) The term "manufacture" means to manufacture, produce, assemble or import. (11) The terms "import" and "importation" mean to import into the customs territory of the United States. (12) The term "manufacturer" means any person who manufactures a consumer product. (13) The term "retailer" means a person to whom a consumer product is delivered or sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers who buy such product for purposes other than resale. 42 USC 6291. Ante, p. 901. 42 USC 6292. Definitions. (14) The term "distributor" means a person (other than a manufacturer or retailer) to whom a consumer product is delivered or sold for purposes of distribution in commerce. (15) (A) The term "private labeler" means an owner of a brand or trademark on the label of a consumer product which bears a private label. (B) A consumer product bears a private label if (i) such product (or its container) is labeled with the brand or trademark of a person other than a manufacturer of such product, (ii) the person with whose brand or trademark such product (or container) is labeled has authorized or caused such product to be so labeled, and (iii) the brand or trademark of a manufacturer of such product does not appear on such label. (16) The terms "to distribute in commerce" and "distribution in commerce" mean to sell in commerce, to import, to introduce or deliver for introduction into commerce, or to hold for sale or distribution after introduction into commerce. (17) The term "commerce" means trade, traffic, commerce, or transportation (A) between a place in a State and any place outside thereof, or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A). (18) The term "Commission" means the Federal Trade Commission. COVERAGE SEC. 322. (a) A consumer product is a covered product if it is one of the following types (or is designed to perform a function which is the principal function of any of the following types): (1) Refrigerators and refrigerator-freezers. (2) Freezers. (3) Dishwashers. (4) Clothes dryers. (5) Water heaters. (6) Room air conditioners. (7) Home heating equipment, not including furnaces. (8) Television sets. (9) Kitchen ranges and ovens. (10) Clothes washers. (11) Humidifiers and dehumidifiers. (12) Central aid conditioners. (13) Furnaces. (14) Any other type of consumer product which the Administrator classifies as a covered product under subsection (b). (b) (1) The Administrator may classify a type of consumer product as a covered product if he determines that (A) classifying products of such type as covered products is necessary or appropriate to carry out the purposes of this Act, and (B) average annual per-household energy use by products of such type is likely to exceed 100 kilowatt-hours (or its Btu equivalent) per year. (2) For purposes of this subsection: (A) The term "average annual per-household energy use with respect to a type of product means the estimated aggregate annual energy use (in kilowatt-hours or the Btu equivalent) of consumer products of such type which are used by households in the United (B) The Btu equivalent of one kilowatt-hour is 3,412 British (C) The term "household” shall be defined under rules of the Administrator. TEST PROCEDURES SEC. 323. (a) (1) The Administrator shall, during the 30-day period 42 USC 6293. which begins on the date of enactment of this Act, afford interested persons an opportunity to present written data, views, and arguments with respect to test procedures to be developed for covered products of each of the types specified in paragraphs (1) through (13) of section 322(a). (2) The Administrator shall direct the National Bureau of Standards to develop test procedures for the determination of (A) estimated annual operating costs of covered products of the types specified in paragraphs (1) through (13) of section 322 (a), and (B) at least one other useful measure of energy consumption of such products which the Administrator determines is likely to assist consumers in making purchasing decisions. (3) Except as provided in paragraph (6), the Administrator shall publish proposed test procedures with respect to all covered products of each of the types specified in paragraphs (1) through (13) of section 322 (a), and shall afford interested persons an opportunity to present oral and written data, views, and arguments with respect to such proposed test procedures. Such comment period shall not be less than 45 days. Such proposed test procedures shall be published not later than June 30, 1976, except that (A) in the case of covered products of the types specified in paragraphs (7) and (9) of section 322 (a), such proposed test procedures shall be published not later than September 30, 1976, and (B) in the case of covered products of the types specified in paragraphs (10) and (13) of section 322 (a), such proposed test procedures shall be published not later than June 30, 1977. (4) (A) Except as provided in paragraph (6), the Administrator shall prescribe test procedures for the determination of (i) estimated annual operating costs of all covered products of each of the types specified in paragraphs (1) through (13) of section 322 (a), and (ii) at least one other measure of energy consumption of such products which the Administrator determines is likely to assist consumers in making purchasing decisions. (B) Such test procedures shall be prescribed not later than September 30, 1976, except that (i) in the case of covered products of the types specified in paragraphs (7) and (9) of section 322(a), such procedures shall be prescribed not later than December 31, 1976, and (ii) in the case of covered products of the types specified in paragraphs (10) through (13) of section 322(a), such test procedures shall be published not later than September 30, 1977. (5) If the Administrator has classified a type of product as a covered product under section 322 (b), the Administrator may, after affording interested persons an opportunity to comment, direct the National Bureau of Standards to develop, and may publish proposed test procedures for such type of covered product (or class thereof). Publication in The Administrator shall afford interested persons an opportunity to present oral and written data, views, and arguments with respect to such proposed test procedures. Such comment period shall not be less than 45 days. The Administrator may thereafter prescribe test procedures in accordance with subsection (b) of this section with respect to such type or class of product, if the Administrator or the Commission determines that (A) the application of subsection (C) to such type of covered product (or class thereof) will assist consumers in making purchasing decisions, or (B) labeling in accordance with section 324 will assist purchasers in making purchasing decisions. (6) The Administrator may delay the publication of proposed test procedures or the prescription of test procedures for a type of covered product (or class thereof) beyond the dates specified in paragraph (3), or (4), if he determines that he cannot, within the applicable time period, publish proposed test procedures or prescribe test procedures applicable to such type (or class thereof) which meet the requirements of subsection (b), and publishes such determination in the Federal Regis- Federal Register. In any such case, he shall publish proposed test procedures or prescribe test procedures for covered products of such type (or class thereof) as soon as practicable, unless he determines that test procedures cannot be developed which meet the requirements of subsection (b) and publishes such determination in the Federal Federal Regis- Register, together with the reasons therefor. ter. Publication in ter. 42 USC 6294. (b) (1) Any test procedures prescribed under this section shall be reasonably designed to produce test results which reflect energy efficiency, energy use, or estimated annual operating cost of a covered product during a representative average use cycle (as determined by the Administrator), and shall not be unduly burdensome to conduct. (2) 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 Administrator), and from representative average unit costs of the energy needed to operate such product during such cycle. The Administrator shall provide information to manufacturers respecting representative average unit costs of energy. (c) Effective 90 days after a test procedure rule applicable to a covered product is prescribed under this section, no manufacturer, distributor, retailer, or private labeler may make any representation(1) in writing (including a representation on a label), or (2) in any broadcast advertisement, respecting the energy consumption of such product or 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. LABELING SEC. 324. (a) (1) The Commission shall prescribe labeling rules under this section applicable to all covered products of each of the types specified in paragraphs (1) through (9) of section 322 (a), except to the extent that, with respect to any such type (or class thereof)— (A) the Administrator determines under the second sentence of section 323 (a) (6) that test procedures cannot be developed which meet the requirements of section 323 (b); or (B) the Commission determines under the second sentence of subsection (b) (5) that labeling in accordance with this section is not technologically or economically feasible. (2) The Commission shall prescribe labeling rules under this section applicable to all covered products of each of the types specified in paragraphs (10) through (13) of section 322 (a), except to the extent that with respect to any such type (or class thereof) (A) the Administrator determines under the second sentence of section 323 (a) (6) that test procedures cannot be developed which meet the requirements of section 323(b); or (B) the Commission determines under the second sentence of subsection (b) (5) that labeling in accordance with this section is not technologically or economically feasible or is not likely to assist consumers in making purchasing decisions. (3) The Commission may prescribe a labeling rule under this section applicable to covered products of a type specified in paragraph (14) of section 322(a) (or a class thereof) if— (A) the Commission or the Administrator has made a determination with respect to such type (or a class thereof) under section 323 (a) (5) (B), (B) the Administrator has prescribed test procedures under section 323 (a) (5) for such type (or class thereof), and (C) the Commission determines with respect to such type (or class thereof) that application of labeling rules under this section to such type (or class thereof) is economically and technologically feasible. (4) Any determination under this subsection shall be published in the Federal Register. (b) (1) Not later than 30 days after the date on which a proposed test procedure applicable to a covered product of any of the types specified in paragraphs (1) through (14) of section 322 (a) (or class thereof) is published under section 323 (a), the Commission shall publish a proposed labeling rule applicable to such type (or class thereof). (2) The Commission shall afford interested persons an opportunity to present written or oral data, views, and comments with respect to the proposed labeling rules published under paragraph (1). The period for such presentations shall not be less than 45 days. (3) Not earlier than 45 days nor later than 60 days after the date on which test procedures are prescribed under section 323 with respect to covered products of any type (or class thereof) specified in paragraphs (1) through (13) of section 322 (a), the Commission shall prescribe labeling rules with respect to covered products of such type (or class thereof). Not earlier than 45 days after the date on which test procedures are prescribed under section 323 with respect to covered products of a type specified in paragraph (14) of section 322 (a), the Commission may prescribe labeling rules with respect to covered products of such type (or class thereof). (4) A labeling rule prescribed under paragraph (3) 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 Commission determines that such Publication in |