42 U.S.C. § 6316 — Administration, penalties, enforcement,

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’’; Page 6773 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6316 (4) the term ‘‘Secretary’’ shall be substituted for ‘‘Commission’’ each place it appears (other than in section 6303(c) of title); (5) section 6297(a) of this title shall be ap- plied, in the case of electric motors, as if the National Appliance Energy Conservation Act of 1987 was the Energy Policy Act of 1992; (6) section 6297(b)(1) of this title shall be ap- plied as if electric motors were fluorescent lamp ballasts and as if the National Appliance Energy Conservation Amendments of 1988 were the Energy Policy Act of 1992; (7) section 6297(b)(4) of this title shall be ap- plied as if electric motors were fluorescent lamp ballasts and as if paragraph (5) of section 6295(g) of this title were section 6313 of this title; (8) notwithstanding any other provision of law, a regulation or other requirement adopt- ed by a State or subdivision of a State con- tained in a State or local building code for new construction concerning the energy effi- ciency or energy use of an electric motor cov- ered under this part is not superseded by the standards for such electric motor established or prescribed under section 6313(b) of this title if such regulation or requirement is identical to the standards established or prescribed under such section; (9) in the case of commercial clothes wash- ers, section 6297(b)(1) of this title shall be ap- plied as if the National Appliance Energy Con- servation Act of 1987 was the Energy Policy Act of 2005; and (10) section 6297 of this title shall apply with respect to the equipment described in section 6311(1)(L) of this title beginning on the date on which a final rule establishing an energy con- servation standard is issued by the Secretary, except that any State or local standard pre- scribed or enacted for the equipment before the date on which the final rule is issued shall not be preempted until the energy conserva- tion standard established by the Secretary for the equipment takes effect. (b)(1) The provisions of section 6295(p)(4) of this title, section 6296(a), (b), and (d) of this title, section 6297(a) of this title, and sections 6298 through 6306 of this title shall apply with respect to the equipment specified in subpara- graphs (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 apply- ing such provisions for the purposes of such equipment, paragraphs (1), (2), (3), and (4) of sub- section (a) shall apply. (2)(A) A standard prescribed or established under section 6313(a) of this title shall, begin- ning on the effective date of such standard, su- persede any State or local regulation concerning the energy efficiency or energy use of a product for which a standard is prescribed or established pursuant to such section. (B) Notwithstanding subparagraph (A), a standard prescribed or established under section 6313(a) of this title shall not supersede a stand- ard for such a product contained in a State or local building code for new construction if— (i) the standard in the building code does not require that the energy efficiency of such product exceed the applicable minimum en- ergy efficiency requirement in amended ASHRAE/IES Standard 90.1; and (ii) the standard in the building code does not take effect prior to the effective date of the applicable minimum energy efficiency re- quirement in amended ASHRAE/IES Standard 90.1. (C) Notwithstanding subparagraph (A), a standard prescribed or established under section 6313(a) of this title shall not supersede the standards established by the State of California set forth in Table C–6, California Code of Regu- lations, Title 24, Part 2, Chapter 2–53, for water- source heat pumps below 135,000 Btu per hour (cooling capacity) that become effective on Jan- uary 1, 1993. (D) Notwithstanding subparagraph (A), a standard prescribed or established under section 6313(a) of this title shall not supersede a State regulation which has been granted a waiver by the Secretary. The Secretary may grant a waiv- er pursuant to the terms, conditions, criteria, procedures, and other requirements specified in section 6297(d) of this title. (c) With respect to any electric motor to which standards are applicable under section 6313(b) of this title, the Secretary shall require manufacturers to certify, through an inde- pendent testing or certification program nation- ally recognized in the United States, that such motor meets the applicable standard. (d)(1) Except as provided in paragraphs (2) and (3), section 6297 of this title shall apply with re- spect to very large commercial package air con- ditioning and heating equipment to the same ex- tent and in the same manner as section 6297 of this title applies under part A on August 8, 2005. (2) Any State or local standard issued before August 8, 2005, shall not be preempted until the standards established under section 6313(a)(9) of this title take effect on January 1, 2010. (e)(1)(A) Subsections (a), (b), and (d) of section 6296 of this title, subsections (m) through (s) of section 6295 of this title, and sections 6298 through 6306 of this title shall apply with re- spect to commercial refrigerators, freezers, and refrigerator-freezers to the same extent and in the same manner as those provisions apply under part A. (B) In applying those provisions to commercial refrigerators, freezers, and refrigerator-freezers, paragraphs (1), (2), (3), and (4) of subsection (a) shall apply. (2)(A) Section 6297 of this title shall apply to commercial refrigerators, freezers, and refrig- erator-freezers for which standards are estab- lished under paragraphs (2) and (3) of section 6313(c) of this title to the same extent and in the same manner as those provisions apply under part A on August 8, 2005, except that any State or local standard issued before August 8, 2005, shall not be preempted until the standards es- tablished under paragraphs (2) and (3) of section 6313(c) of this title take effect. (B) In applying section 6297 of this title in ac- cordance with subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) shall apply. (3)(A) Section 6297 of this title shall apply to commercial refrigerators, freezers, and refrig- erator-freezers for which standards are estab- Page 6774 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6316 2 See References in Text note below. lished under section 6313(c)(4) 2 of this title to the same extent and in the same manner as the provisions apply under part A on the date of publication of the final rule by the Secretary, except that any State or local standard issued before the date of publication of the final rule by the Secretary shall not be preempted until the standards take effect. (B) In applying section 6297 of this title in ac- cordance with subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) shall apply. (4)(A) If the Secretary does not issue a final rule for a specific type of commercial refrig- erator, freezer, or refrigerator-freezer within the time frame specified in section 6313(c)(5) 2 of this title, subsections (b) and (c) of section 6297 of this title shall not apply to that specific type of refrigerator, freezer, or refrigerator-freezer for the period beginning on the date that is 2 years after the scheduled date for a final rule and end- ing on the date on which the Secretary publishes a final rule covering the specific type of refrig- erator, freezer, or refrigerator-freezer. (B) Any State or local standard issued before the date of publication of the final rule shall not be preempted until the final rule takes effect. (5)(A) In the case of any commercial refrig- erator, freezer, or refrigerator-freezer to which standards are applicable under paragraphs (2) and (3) of section 6313(c) of this title, the Sec- retary shall require manufacturers to certify, through an independent, nationally recognized testing or certification program, that the com- mercial refrigerator, freezer, or refrigerator- freezer meets the applicable standard. (B) The Secretary shall, to the maximum ex- tent practicable, encourage the establishment of at least 2 independent testing and certification programs. (C) As part of certification, information on equipment energy use and interior volume shall be made available to the Secretary. (f)(1)(A)(i) Except as provided in clause (ii), section 6297 of this title shall apply to auto- matic commercial ice makers for which stand- ards have been established under section 6313(d)(1) of this title to the same extent and in the same manner as the section applies under part A on August 8, 2005. (ii) Any State standard issued before August 8, 2005, shall not be preempted until the standards established under section 6313(d)(1) of this title take effect. (B) In applying section 6297 of this title to the equipment under subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) shall apply. (2)(A)(i) Except as provided in clause (ii), sec- tion 6297 of this title shall apply to automatic commercial ice makers for which standards have been established under section 6313(d)(2) of this title to the same extent and in the same manner as the section applies under part A on the date of publication of the final rule by the Secretary. (ii) Any State standard issued before the date of publication of the final rule by the Secretary shall not be preempted until the standards es- tablished under section 6313(d)(2) of this title take effect. (B) In applying section 6297 of this title in ac- cordance with subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) shall apply. (3)(A) If the Secretary does not issue a final rule for a specific type of automatic commercial ice maker within the time frame specified in section 6313(d) of this title, subsections (b) and (c) of section 6297 of this title shall no longer apply to the specific type of automatic commer- cial ice maker for the period beginning on the day after the scheduled date for a final rule and ending on the date on which the Secretary pub- lishes a final rule covering the specific type of automatic commercial ice maker. (B) Any State standard issued before the pub- lication of the final rule shall not be preempted until the standards established in the final rule take effect. (4)(A) The Secretary shall monitor whether manufacturers are reducing harvest rates below tested values for the purpose of bringing non- complying equipment into compliance. (B) If the Secretary finds that there has been a substantial amount of manipulation with re- spect to harvest rates under subparagraph (A), the Secretary shall take steps to minimize the manipulation, such as requiring harvest rates to be within 5 percent of tested values. (g)(1)(A) If the Secretary does not issue a final rule for commercial clothes washers within the timeframe specified in section 6313(e)(2) of this title, subsections (b) and (c) of section 6297 of this title shall not apply to commercial clothes washers for the period beginning on the day after the scheduled date for a final rule and end- ing on the date on which the Secretary publishes a final rule covering commercial clothes wash- ers. (B) Any State or local standard issued before the date on which the Secretary publishes a final rule shall not be preempted until the standards established under section 6313(e)(2) of this title take effect. (2) The Secretary shall undertake an edu- cational program to inform owners of laun- dromats, multifamily housing, and other sites where commercial clothes washers are located about the new standard, including impacts on washer purchase costs and options for recov- ering those costs through coin collection. (h) WALK-IN COOLERS AND WALK-IN FREEZERS.— (1) COVERED TYPES.— (A) RELATIONSHIP TO OTHER LAW.— (i) IN GENERAL.—Except as otherwise pro- vided in this subsection, section 6297 of this title shall apply to walk-in coolers and walk-in freezers for which standards have been established under paragraphs (1), (2), and (3) of section 6313(f) of this title to the same extent and in the same man- ner as the section applies under part A on December 19, 2007. (ii) STATE STANDARDS.—Any State stand- ard prescribed before December 19, 2007, shall not be preempted until the standards established under paragraphs (1) and (2) of section 6313(f) of this title take effect. (B) ADMINISTRATION.—In applying section 6297 of this title to equipment under sub- paragraph (A), paragraphs (1), (2), and (3) of subsection (a) shall apply. Page 6775 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6317 (2) FINAL RULE NOT TIMELY.— (A) IN GENERAL.—If the Secretary does not issue a final rule for a specific type of walk- in cooler or walk-in freezer within the time- frame established under paragraph (4) or (5) of section 6313(f) of this title, subsections (b) and (c) of section 6297 of this title shall no longer apply to the specific type of walk-in cooler or walk-in freezer during the period— (i) beginning on the day after the sched- uled date for a final rule; and (ii) ending on the date on which the Sec- retary publishes a final rule covering the specific type of walk-in cooler or walk-in freezer. (B) STATE STANDARDS.—Any State stand- ard issued before the publication of the final rule shall not be preempted until the stand- ards established in the final rule take effect. (3) CALIFORNIA.—Any standard issued in the State of California before January 1, 2011, under title 20 of the California Code of Regula- tions, that refers to walk-in coolers and walk- in freezers, for which standards have been es- tablished under paragraphs (1), (2), and (3) of section 6313(f) of this title, shall not be pre- empted until the standards established under section 6313(f)(4) of this title take effect. (Pub. L. 94–163, title III, § 345, as added Pub. L. 95–619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3272; amended Pub. L. 102–486, title I, § 122(e), Oct. 24, 1992, 106 Stat. 2815; Pub. L. 105–388, § 5(a)(7), Nov. 13, 1998, 112 Stat. 3478; Pub. L. 109–58, title I, § 136(h), Aug. 8, 2005, 119 Stat. 643; Pub. L. 110–140, title III, §§ 308(b), 312(e), Dec. 19, 2007, 121 Stat. 1561, 1567; Pub. L. 112–210, § 10(a)(5), Dec. 18, 2012, 126 Stat. 1524.) Editorial Notes REFERENCES IN TEXT The National Appliance Energy Conservation Act of 1987, referred to in subsec. (a)(5), (9), is Pub. L. 100–12, Mar. 17, 1987, 101 Stat. 103. For complete classification of this Act to the Code, see Short Title of 1987 Amend- ment note set out under section 6201 of this title and Tables. The Energy Policy Act of 1992, referred to in subsec. (a)(5), (6), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776. For complete classification of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables. The Energy Policy Act of 2005, referred to in subsec. (a)(9), is Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 594. For complete classification of this Act to the Code, see Short Title note set out under section 15801 of this title and Tables. The National Appliance Energy Conservation Amend- ments of 1988, referred to in subsec. (a)(6), is Pub. L. 100–357, June 28, 1988, 102 Stat. 671. For complete classi- fication of this Act to the Code, see Short Title of 1988 Amendments note set out under section 6201 of this title and Tables. Section 6313(c)(4) and (c)(5) of this title, referred to in subsec. (e)(3)(A), (4)(A), were redesignated section 6313(c)(5) and (c)(6) of this title, respectively, by Pub. L. 112–210, § 4(2), Dec. 18, 2012, 126 Stat. 1517. AMENDMENTS 2012—Pub. L. 112–210, § 10(a)(5)(B), made technical amendment to references in original act which appear in subsecs. (b)(1), (d)(1), (e)(1)(A), (2)(A), (3)(A), (f)(1)(A)(i), (2)(A)(i), and (h)(1)(A)(i) as references to part A. Subsec. (a). Pub. L. 112–210, § 10(a)(5)(A), substituted ‘‘subparagraphs (B), (C), (D), (I), (J), and (K)’’ for ‘‘sub- paragraphs (B) through (G)’’ in introductory provisions. Subsec. (a)(10). Pub. L. 112–210, § 10(a)(5)(C), added par. (10). Subsec. (b)(1). Pub. L. 112–210, § 10(a)(5)(A), (D), sub- stituted ‘‘section 6295(p)(4)’’ for ‘‘section 6295(p)(5)’’ and ‘‘subparagraphs (B), (C), (D), (I), (J), and (K)’’ for ‘‘sub- paragraphs (B) through (G)’’. Subsec. (h)(3). Pub. L. 112–210, § 10(a)(5)(E), sub- stituted ‘‘section 6313(f)(4)’’ for ‘‘section 6313(f)(3)’’. 2007—Subsec. (a). Pub. L. 110–140, § 312(e)(1), sub- stituted ‘‘subparagraphs (B) through (G)’’ for ‘‘subpara- graphs (B), (C), (D), (E), and (F)’’ in introductory provi- sions. Subsec. (b)(1). Pub. L. 110–140, §§ 308(b), 312(e)(1), in- serted ‘‘section 6295(p)(5) of this title,’’ after ‘‘The pro- visions of’’ and substituted ‘‘subparagraphs (B) through (G)’’ for ‘‘subparagraphs (B), (C), (D), (E), and (F)’’. Subsec. (h). Pub. L. 110–140, § 312(e)(2), added subsec. (h). 2005—Subsec. (a)(9). Pub. L. 109–58, § 136(h)(1), added par. (9). Subsec. (b)(1). Pub. L. 109–58, § 136(h)(2), substituted ‘‘part A’’ for ‘‘part B’’, which for purposes of codifica- tion had been translated as ‘‘part A’’ thus requiring no change in text. Subsecs. (d) to (g). Pub. L. 109–58, § 136(h)(3), added subsecs. (d) to (g). 1998—Subsec. (c). Pub. L. 105–388 inserted ‘‘standard’’ after ‘‘meets the applicable’’. 1992—Pub. L. 102–486, § 122(e)(3), substituted ‘‘enforce- ment, and preemption’’ for ‘‘and enforcement’’ in sec- tion catchline. Subsec. (a). Pub. L. 102–486, § 122(e)(1)(A), inserted ‘‘(other than the equipment specified in subparagraphs (B), (C), (D), (E), and (F) of section 6311(l) of this title)’’ after ‘‘to this part’’ and substituted ‘‘, the provisions of subsections (l) through (s) of section 6295 of this title, and section 6297’’ for ‘‘and sections 6298’’. Subsec. (a)(1). Pub. L. 102–486, § 122(e)(1)(B), sub- stituted ‘‘, 6294, and 6295 of this title’’ for ‘‘and 6294 of this title’’ and ‘‘6314, 6315, and 6313 of this title, respec- tively’’ for ‘‘6314 and 6315 of this title, respectively’’. Subsec. (a)(5) to (8). Pub. L. 102–486, § 122(e)(1)(C)–(E), added pars. (5) to (8). Subsecs. (b), (c). Pub. L. 102–486, § 122(e)(2), added sub- secs. (b) and (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–210 effective 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 section 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. § 6317. Energy conservation standards for high- intensity discharge lamps, distribution trans- formers, and small electric motors (a) High-intensity discharge lamps and distribu- tion transformers (1) The Secretary shall, within 30 months after October 24, 1992, prescribe testing requirements for those high-intensity discharge lamps and distribution transformers for which the Sec- retary makes a determination that energy con- servation standards would be technologically feasible and economically justified, and would result in significant energy savings. (2) The Secretary shall, within 18 months after the date on which testing requirements are pre-