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the district wherein the defendant is found or transacts business. In any action under this section, process may be served on a defendant in any other district in which the defendant resides or may be found.
SEC. 335. (a) Except as otherwise provided in subsection (b), any person may commence a civil action against—
(1) any manufacturer or private labeler who is alleged to be in violation of any provision of this part or any rule under this part; or
(2) any Federal agency which has a responsibility under this part where there is an alleged failure of such agency to perform any act or duty under this part which is not discretionary.
The United States district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such provision or rule, or order such Federal agency to perform such act or duty, as the case may be.
(b) No action may be commenced
(1) under subsection (a)(1)—
(A) prior to 60 days after the date on which the plaintiff has given notice of the violation (i) to the Secretary, (ii) to the Commission, and (iii) to any alleged violator of such provision or rule, or
(B) if the Commission has commenced and is diligently prosecuting a civil action to require compliance with such provision or rule, but, in any such action, any person may intervene as a matter of right.
(2) under subsection (a)(2) prior to 60 days after the date on which the plaintiff has given notice of such action to the Secretary and Commission.
Notice under this subsection shall be given in such manner as the Commission shall prescribe by rule.
(c) In such action under this section, the Secretary or the Commission (or both), if not a party, may intervene as a matter of right.
(d) The court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.
(e) Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of this part or any rule thereunder, or to seek any other relief (including relief against the Secretary or the Commission).
(f) For purposes of this section, if a manufacturer or private labeler complied in good faith with a rule under this part, then he shall not be deemed to have violated any provision of this part by reason of the alleged invalidity of such rule.
[42 U.S.C. 6305]
ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW
SEC. 336. (a) Rules under sections 323, 324, 325(a), 327(b), or 328 shall be prescribed in accordance with section 553 of title 5, United States Code, 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 325(a), 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.
(2) Subsections (c) and (d) of section 18 of the Federal Trade Commission Act shall apply to rules under section 325 (other than subsections (a)(1), (2), and (3)) to the same extent that such subsections apply to rules under section 18(a)(1)(B) of such Act.
(b)(1) Any person who will be adversely affected by a rule prescribed under section 323, 324, or 325 when it is effective may, at any time prior to the sixtieth day after the date of 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, United States Code.
(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, United States Code, and to grant appropriate relief as provided in such chapter. No rule under section 323, 324, or 325 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, United States Code.
(4) The remedies provided for in this subsection shall be in addition to, and not in substitution for, any other remedies provided by law.
(c)(1) Titles IV and V of the Department of Energy Organization Act (42 U.S.C. 7191 et seq.) 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 declaring that such provision supersedes, in whole or in part, the procedures of this part.
[42 U.S.C. 6306]
SEC. 337. 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.
[42 U.S.C. 6307]
SEC. 338. 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.
[42 U.S.C. 6308]
AUTHORIZATION OF APPROPRIATIONS
SEC. 339. (a) 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;
Amounts authorized for such purposes under paragraph (3) shall be in addition to amounts otherwise authorized and appropriated for such purposes.
(b) 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;
(2) $700,000 for fiscal year 1977;
(3) $700,000 for fiscal year 1978; and
(4) $2,000,000 for fiscal year 1979.1
(c) 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
Such amounts shall, and any amounts authorized to be appropriated under subsection (a), may be allocated by the Secretary to the National Bureau of Standards.
[42 U.S.C. 6309]
PART C-CERTAIN INDUSTRIAL EQUIPMENT
SEC. 340. 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 341(b).
(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 321(a)(2), other than a component of a covered product with respect to which there is in effect a determination under section 341(c);
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:
(iv) refrigeration equipment;
(v) air conditioning equipment;
(vi) electric lights;
(vii) electrolytic equipment;
1 Public Law 95-619 added new “(3)”. Should be “(4)”.
(viii) electric arc equipment;
(xiii) evaporators; and
(3)1 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 343.
(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 343.
(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 321.
[42 U.S.C. 6311]
PURPOSES AND COVERAGE
SEC. 341. (a) 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) The Secretary may, by rule, include a type of industrial equipment as covered equipment if he determines that to do so is necessary to carry out the purposes of this part.
(c) 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 340(2)(A) (other than clauses (ii) and (iii)).
[42 U.S.C. 6312]
STUDY OF ELECTRIC MOTORS AND PUMPS AND OTHER INDUSTRIAL EQUIPMENT
SEC. 342. (a) Not later than 18 months after the date of the enactment of this section, 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,
1 So in original