42 U.S.C. § 6296 — Requirements of manufacturers

Page 6741 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6296 nomic justification of any particular energy efficiency standard and a determination by the Attorney General of the impact on competition of any proposed standard for provisions relating to labeling rules. Subsecs. (e) to (j). Pub. L. 95–619 added subsecs. (e) to (j). 1976—Subsec. (a)(1)(A). Pub. L. 94–385, § 161(a), trans- ferred authority to determine energy targets from the Administrator to the National Bureau of Standards and substituted 90 days after August 14, 1976, for 180 days after December 22, 1975, for the promulgation of rules by the Administrator. Subsec. (a)(2). Pub. L. 94–385, § 161(b), transferred au- thority to determine energy targets from the Adminis- trator to the National Bureau of Standards and sub- stituted one year after August 14, 1976, for one year after December 22, 1975, for the promulgation of rules by the Administrator. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by section 10(a)(1), (8), (11) of Pub. L. 112–210 effective as if included in the Energy Independ- ence and Security Act of 2007, Pub. L. 110–140, see sec- tion 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title. Pub. L. 112–210, § 10(b)(2), Dec. 18, 2012, 126 Stat. 1525, provided that: ‘‘This subsection [amending this section] and the amendment made by this subsection take ef- fect as if included in the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594).’’ 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. REVISION Pub. L. 116–260, div. Z, title I, § 1008(b), Dec. 27, 2020, 134 Stat. 2437, provided that: ‘‘For purposes of section 325(m) of the Energy Policy and Conservation Act (42 U.S.C. 6295(m)), the standard established in section 325(ff)(6)(C) of such Act [42 U.S.C. 6295(ff)(6)(C)] (as added by subsection (a) of this section) shall be treated as if such standard was issued on January 19, 2017.’’ LIGHTING TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM Pub. L. 110–140, title III, § 321(g), Dec. 19, 2007, 121 Stat. 1586, provided that: ‘‘(1) IN GENERAL.—The Secretary [of Energy] may carry out a lighting technology research and develop- ment program— ‘‘(A) to support the research, development, dem- onstration, and commercial application of lamps and related technologies sold, offered for sale, or other- wise made available in the United States; and ‘‘(B) to assist manufacturers of general service lamps in the manufacturing of general service lamps that, at a minimum, achieve the wattage require- ments imposed as a result of the amendments made by subsection (a) [amending this section and sections 6291 and 6292 of this title]. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this sub- section $10,000,000 for each of fiscal years 2008 through 2013. ‘‘(3) TERMINATION OF AUTHORITY.—The program under this subsection shall terminate on September 30, 2015.’’ § 6296. Requirements of manufacturers (a) In general Each manufacturer of a covered product to which a rule under section 6294 of this title ap- plies shall provide a label which meets, and is displayed in accordance with, the requirements of such rule. If such manufacturer or any dis- tributor, retailer, or private labeler of such product advertises such product in a catalog from which it may be purchased, such catalog shall contain all information required to be dis- played on the label, except as otherwise pro- vided by rule of the Commission. The preceding sentence shall not require that a catalog con- tain information respecting a covered product if the distribution of such catalog commenced be- fore the effective date of the labeling rule under section 6294 of this title applicable to such prod- uct. (b) Notification (1) Each manufacturer of a covered product to which a rule under section 6294 of this title ap- plies shall notify the Secretary or the Commis- sion— (A) not later than 60 days after the date such rule takes effect, of the models in current pro- duction (and starting serial numbers of those models) to which such rule applies; and (B) prior to commencement of production, of all models subsequently produced (and start- ing serial numbers of those models) to which such rule applies. (2) If requested by the Secretary or Commis- sion, the manufacturer of a covered product to which a rule under section 6294 of this title ap- plies shall provide, within 30 days of the date of the request, the data from which the informa- tion included on the label and required by the rule was derived. Data shall be kept on file by the manufacturer for a period specified in the rule. (3) When requested— (A) by the Secretary for purposes of ascertaining whether a product subject to a standard established in or prescribed under section 6295 of this title is in compliance with that standard, or (B) by the Commission for purposes of ascertaining whether the information set out on a label of a product, as required under sec- tion 6294 of this title, is accurate, each manufacturer of such a product shall sup- ply at his expense a reasonable number of such covered products to any laboratory designated by the Secretary or the Commission, as the case may be. Any reasonable charge levied by the laboratory for such testing shall be borne by the United States, if and to the extent provided in appropriation Acts. (4) Each manufacturer of a covered product to which a rule under section 6294 of this title ap- plies shall annually, at a time specified by the Commission, supply to the Commission relevant data respecting energy consumption or water use developed in accordance with the test proce- dures applicable to such product under section 6293 of this title. (5) A rule under section 6293, 6294, or 6295 of this title may require the manufacturer or his agent to permit a representative designated by the Commission or the Secretary to observe any testing required by this part and inspect the re- sults of such testing. Page 6742 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6297 (c) Deadline Each manufacturer shall use labels reflecting the range data required to be disclosed under section 6294(c)(1)(B) of this title after the expira- tion of 60 days following the date of publication of any revised table of ranges unless the rule under section 6294 of this title provides for a later date. The Commission may not require la- bels be changed to reflect revised tables of ranges more often than annually. (d) Information requirements (1) For purposes of carrying out this part, the Secretary may require, under this part or other provision of law administered by the Secretary, each manufacturer of a covered product to sub- mit information or reports to the Secretary with respect to energy efficiency, energy use, or, in the case of showerheads, faucets, water clos- ets, and urinals, water use of such covered prod- uct and the economic impact of any proposed energy conservation standard, as the Secretary determines may be necessary to establish and revise test procedures, labeling rules, and en- ergy conservation standards for such product and to insure compliance with the requirements of this part. In making any determination under this paragraph, the Secretary shall consider ex- isting public sources of information, including nationally recognized certification programs of trade associations. (2) The Secretary shall exercise authority under this section in a manner designed to mini- mize unnecessary burdens on manufacturers of covered products. (3) The provisions of section 796(d) of title 15 shall apply with respect to information obtained under this subsection to the same extent and in the same manner as they apply with respect to energy information obtained under section 796 of title 15. (Pub. L. 94–163, title III, § 326, Dec. 22, 1975, 89 Stat. 926; Pub. L. 95–619, title IV, § 425(d), title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3265, 3288; Pub. L. 100–12, §§ 6, 11(a)(2), (b)(3), Mar. 17, 1987, 101 Stat. 117, 125; Pub. L. 102–486, title I, § 123(g), Oct. 24, 1992, 106 Stat. 2829.) Editorial Notes AMENDMENTS 1992—Subsec. (b)(4). Pub. L. 102–486, § 123(g)(1), in- serted ‘‘or water use’’ after ‘‘consumption’’. Subsec. (d)(1). Pub. L. 102–486, § 123(g)(2), substituted ‘‘, energy use, or, in the case of showerheads, faucets, water closets, and urinals, water use’’ for ‘‘or energy use’’. 1987—Subsec. (a). Pub. L. 100–12, § 11(b)(3)(A), inserted heading. Subsec. (b). Pub. L. 100–12, § 11(b)(3)(B), inserted head- ing. Subsec. (b)(3)(A). Pub. L. 100–12, § 11(a)(2), inserted ‘‘established in or’’ before ‘‘prescribed under’’. Subsec. (c). Pub. L. 100–12, § 11(b)(3)(C), inserted head- ing. Subsec. (d). Pub. L. 100–12, § 6, inserted ‘‘Information requirements’’ as heading and amended text generally. Prior to amendment, text read as follows: ‘‘For pur- poses of carrying out this part, the Secretary may re- quire, under authority otherwise available to him under this part or other provisions of law administered by him, each manufacturer of covered products to sub- mit such information or reports of any kind or nature directly to the Secretary with respect to energy effi- ciency of such covered products, and with respect to the economic impact of any proposed energy efficiency standard, as the Secretary determines may be nec- essary to establish and revise test procedures, labeling rules, and energy efficiency standards for such products and to insure compliance with the requirements of this part. The provisions of section 796(d) of title 15 shall apply with respect to information obtained under this subsection to the same extent and in the same manner as it applies with respect to energy information ob- tained under section 796 of title 15.’’ 1978—Subsec. (b)(1). Pub. L. 95–619, § 425(d)(2), inserted requirement that manufacturers of covered products give notice to the Secretary of models affected by rules promulgated under section 6294 of this title and ex- panded the notice requirement itself to include models manufactured more than sixty days after the date a particular rule takes effect. Subsec. (b)(2). Pub. L. 95–619, § 691(b)(2), substituted ‘‘Secretary’’ for ‘‘Administrator’’, meaning Adminis- trator of the Federal Energy Administration. Subsec. (b)(3). Pub. L. 95–619, § 425(d)(3), authorized Secretary to request submission of covered products for purposes of ascertaining whether a particular product complies with standards under section 6295 of this title and also authorized Secretary to designate testing lab- oratories for the submitted products. Subsec. (b)(5). Pub. L. 95–619, § 691(b)(2), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Subsec. (d). Pub. L. 95–619, § 425(d)(1), added subsec. (d). § 6297. Effect on other law (a) Preemption of testing and labeling require- ments (1) Effective on March 17, 1987, this part super- sedes any State regulation insofar as such State regulation provides at any time for the disclo- sure of information with respect to any measure of energy consumption or water use of any cov- ered product if— (A) such State regulation requires testing or the use of any measure of energy consump- tion, water use, or energy descriptor in any manner other than that provided under sec- tion 6293 of this title; or (B) such State regulation requires disclosure of information with respect to the energy use, energy efficiency, or water use of any covered product other than information required under section 6294 of this title. (2) For purposes of this section, the following definitions apply: (A) The term ‘‘State regulation’’ means a law, regulation, or other requirement of a State or its political subdivisions. With re- spect to showerheads, faucets, water closets, and urinals, such term shall also mean a law, regulation, or other requirement of a river basin commission that has jurisdiction within a State. (B) The term ‘‘river basin commission’’ means— (i) a commission established by interstate compact to apportion, store, regulate, or otherwise manage or coordinate the manage- ment of the waters of a river basin; and (ii) a commission established under section 1962b(a) of this title. (b) General rule of preemption for energy con- servation standards before Federal standard becomes effective for product Effective on March 17, 1987, and ending on the effective date of an energy conservation stand-