42 U.S.C. § 6315 — Labeling

Page 6771 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6315 Subsecs. (c), (d). Pub. L. 102–486, § 122(f)(2), redesig- nated subsec. (d), relating to reevaluations, as (c). Subsec. (d)(1). Pub. L. 102–486, § 122(b)(2), inserted ‘‘(or, in the case of small commercial package air con- ditioning and heating equipment, large commercial package air conditioning and heating equipment, pack- aged 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 ‘‘Na- tional Institute of Standards and Technology’’ for ‘‘Na- tional Bureau of Standards’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by section 10(a)(2) of Pub. L. 112–210 ef- fective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under sec- tion 6291 of this title. EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 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 equip- ment in accordance with the following provi- sions 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 effi- ciency of such article, determined in accordance with test procedures under section 6314 of this title. Such rule may also require that such dis- closure 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 sec- tion shall include such requirements as the Sec- retary 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 infor- mation relating to energy efficiency, energy use, and other measures of energy consump- tion, including instructions for the mainte- nance, use, or repair of the covered equipment, as the Secretary determines necessary to pro- vide 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 informa- tion 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), not later than 12 months after the Secretary establishes test pro- cedures 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 Stand- ards Publication MG1–1987. Such rules shall pro- vide that the labeling of any electric motor manufactured after the 12-month period begin- ning 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 Sec- retary determines necessary solely to facili- tate enforcement of the standards established for electric motors under section 6313 of this title. (e) Labeling rules for air conditioning and heat- ing equipment Subject to subsection (h), not later than 12 months after the Secretary establishes test pro- cedures for small commercial package air condi- tioning and heating equipment, large commer- cial package air conditioning and heating equip- ment, very large commercial package air condi- tioning and heating equipment, commercial re- frigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers, walk-in coolers and walk-in freezers, packaged terminal air conditioners, packaged terminal heat pumps, warm-air fur- naces, 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, very large commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers, walk-in coolers and walk-in freezers, packaged terminal air conditioner, packaged terminal heat pump, warm-air furnace, pack- aged 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 at- tached to such equipment or other nearby per- manent 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 Sec- retary determines necessary solely to facili- tate enforcement of the standards established for such equipment under section 6313 of this title. Page 6772 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6316 1 So in original. Probably should be ‘‘sections’’. (f) Consultation with Federal Trade Commission Before prescribing any labeling rules for a type (or class) of covered equipment, the Sec- retary shall consult with, and obtain the written views of, the Federal Trade Commission with re- spect to such rules. The Federal Trade Commis- sion 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 argu- ments 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 sec- tion shall take effect not later than 3 months after the date of prescription of such rule, ex- cept 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 pro- mulgate rules The Secretary shall not promulgate labeling rules for any class of industrial equipment un- less 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 re- sult from such labeling; and (3) labeling in accordance with this section is likely to assist consumers in making pur- chasing decisions. (i) Tests for accuracy of information contained on labels When requested by the Secretary, any manu- facturer 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 lab- oratory or testing facility designated by the Secretary, or permit representatives of such lab- oratory 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 fa- cility 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 Com- mission 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, § 344, as added Pub. L. 95–619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3271; amended Pub. L. 102–486, title I, § 122(c), Oct. 24, 1992, 106 Stat. 2809; Pub. L. 109–58, title I, § 136(g), Aug. 8, 2005, 119 Stat. 643; Pub. L. 110–140, title III, § 312(d), Dec. 19, 2007, 121 Stat. 1567.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsec. (k), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see sec- tion 58 of Title 15 and Tables. AMENDMENTS 2007—Subsec. (e). Pub. L. 110–140 inserted ‘‘walk-in coolers and walk-in freezers,’’ after ‘‘commercial clothes washers,’’ in two places in introductory provi- sions. 2005—Subsec. (e). Pub. L. 109–58 inserted ‘‘very large commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and re- frigerator-freezers, automatic commercial ice makers, commercial clothes washers,’’ after ‘‘large commercial package air conditioning and heating equipment,’’ in two places in introductory provisions. 1992—Subsec. (a). Pub. L. 102–486, § 122(c)(1), sub- stituted ‘‘shall prescribe’’ for ‘‘may prescribe’’. Subsec. (c). Pub. L. 102–486, § 122(c)(2), substituted ‘‘shall include’’ for ‘‘may include’’. Subsecs. (d) to (k). Pub. L. 102–486, § 122(c)(3), (4), added subsecs. (d) and (e) and redesignated former sub- secs. (d) to (i) as (f) to (k), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 6316. Administration, penalties, enforcement, and preemption (a) The provisions of section 6296(a), (b), and (d) of this title, the provisions of subsections (l) through (s) of section 6295 of this title, and sec- tion 1 6297 through 6306 of this title shall apply with respect to this part (other than the equip- ment specified in subparagraphs (B), (C), (D), (I), (J), and (K) of section 6311(1) of this title) to the same extent and in the same manner as they apply in part A. In applying such provisions for the purposes of this part— (1) references to sections 6293, 6294, and 6295 of this title shall be considered as references to sections 6314, 6315, and 6313 of this title, re- spectively; (2) references to ‘‘this part’’ shall be treated as referring to part A–1; (3) the term ‘‘equipment’’ shall be sub- stituted for the term ‘‘product’’;