42 U.S.C. § 6292 — Coverage

Page 6704 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6292 Par. (36). Pub. L. 110–140, § 301(a)(1), inserted par. heading, designated existing provisions as subpar. (A), inserted subpar. heading, and added subpars. (B) to (D). Pars. (46) to (48). Pub. L. 110–140, § 316(c)(1)(A), added pars. (46) to (48) and struck out former pars. (46) to (48), which defined ‘‘high intensity discharge lamp’’, ‘‘mer- cury vapor lamp’’, and ‘‘mercury vapor lamp ballast’’, respectively. Par. (52). Pub. L. 110–140, § 301(a)(2), added par. (52). Par. (53). Pub. L. 110–140, § 316(c)(1)(B), added par. (53). Pars. (54) to (57). Pub. L. 110–140, § 322(a)(2), added pars. (54) to (57). Pars. (58) to (66). Pub. L. 110–140, § 324(a), added pars. (58) to (66). 2005—Par. (29)(D)(i). Pub. L. 109–58, § 135(a)(1)(A)(i), substituted ‘‘C78.81–2003 (Data Sheet 7881–ANSI–1010–1)’’ for ‘‘C78.1–1978(R1984)’’. Par. (29)(D)(ii). Pub. L. 109–58, § 135(a)(1)(A)(ii), as amended by Pub. L. 110–140, § 316(a)(1), substituted ‘‘C78.81–2003 (Data Sheet 7881–ANSI–3007–1)’’ for ‘‘C78.3–1978(R1984)’’. Par. (29)(D)(iii). Pub. L. 109–58, § 135(a)(1)(A)(iii), sub- stituted ‘‘C78.81–2003 (Data Sheet 7881–ANSI–1019–1)’’ for ‘‘C78.1–1978(R1984)’’. Par. (29)(M) to (P). Pub. L. 109–58, § 135(a)(1)(B), added subpars. (M) to (P). Par. (30)(S). Pub. L. 109–58, § 135(a)(2), designated ex- isting provisions as cl. (i) and added cl. (ii). Pars. (32) to (51). Pub. L. 109–58, § 135(a)(3), added pars. (32) to (51). 1998—Par. (1). Pub. L. 105–388 substituted ‘‘section 32901(a)(3) of title 49’’ for ‘‘section 501(1) of the Motor Vehicle Information and Cost Savings Act’’ and struck out second period at end. 1992—Pub. L. 102–486, § 123(b)(1), in introductory provi- sions, struck out ‘‘(a)’’ before ‘‘For purposes’’. Par. (1). Pub. L. 102–486, § 123(b)(2)(B), which directed amendment of par. (1)(B) by substituting ‘‘ballasts, general service fluorescent lamps, incandescent reflec- tor lamps, showerheads, faucets, water closets, and uri- nals’’ for ‘‘ballasts’’, was executed by making amend- ment in closing provisions of par. (1), to reflect the probable intent of Congress. Par. (1)(A). Pub. L. 102–486, § 123(b)(2)(A), inserted ‘‘or, with respect to showerheads, faucets, water closets, and urinals, water’’ after ‘‘energy’’. Par. (6). Pub. L. 102–486, § 123(b)(3)(B)(ii), which di- rected amendment of par. (6)(B) by substituting ‘‘6295(r)’’ for ‘‘6295(o)’’, was executed by making amend- ment in closing provisions of par. (6), to reflect the probable intent of Congress. Par. (6)(A). Pub. L. 102–486, § 123(b)(3)(A), inserted ‘‘, or, in the case of showerheads, faucets, water clos- ets, and urinals, water use,’’ after ‘‘energy use’’. Par. (6)(B). Pub. L. 102–486, § 123(b)(3)(B)(i), sub- stituted ‘‘(15), (16), (17), and (19)’’ for ‘‘and (14)’’. Par. (7). Pub. L. 102–486, § 123(b)(4), inserted ‘‘, and in the case of showerheads, faucets, water closets, and uri- nals, the aggregate retail cost of water and wastewater treatment services likely to be incurred annually,’’ after ‘‘to be consumed annually’’. Pars. (30), (31). Pub. L. 102–486, § 123(b)(5), added pars. (30) and (31). 1988—Subsec. (a)(1). Pub. L. 100–357, § 2(a)(2), inserted before period at end ‘‘, except that such term includes fluorescent lamp ballasts distributed in commerce for personal or commercial use or consumption.’’ Subsec. (a)(6)(B). Pub. L. 100–357, § 2(a)(3), substituted ‘‘(14)’’ for ‘‘(13)’’. Subsec. (a)(29). Pub. L. 100–357, § 2(a)(1), added par. (29). 1987—Subsec. (a)(6). Pub. L. 100–12, § 2(a), amended par. (6) generally. Prior to amendment, par. (6) read as follows: ‘‘The term ‘energy efficiency standard’ means a performance standard— ‘‘(A) which prescribes a minimum level of energy efficiency for a covered product, determined in ac- cordance with test procedures prescribed under sec- tion 6293 of this title, and ‘‘(B) which includes any other requirements which the Secretary may prescribe under section 6295(c) of this title.’’ Subsec. (a)(19) to (28). Pub. L. 100–12, § 2(b), added pars. (19) to (28). 1978—Subsec. (a)(3), (6)(B), (9). Pub. L. 95–619 sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’, meaning Administrator of the Federal Energy Administration, wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112–210, § 10(a)(13), Dec. 18, 2012, 126 Stat. 1525, provided that: ‘‘This subsection [amending this section and sections 6294, 6295, 6297, 6313, 6314, and 6316 of this title] and the amendments made by this subsection take effect as if included in the Energy Independence and Security Act of 2007 (Public Law 110–140; 121 Stat. 1492).’’ EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110–140, title III, § 316(a)(2), Dec. 19, 2007, 121 Stat. 1572, provided that: ‘‘The amendment made by paragraph (1) [amending this section] takes effect on August 8, 2005.’’ 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. § 6292. Coverage (a) In general The following consumer products, excluding those consumer products designed solely for use in recreational vehicles and other mobile equip- ment, are covered products: (1) Refrigerators, refrigerator-freezers, and freezers which can be operated by alternating current electricity, excluding— (A) any type designed to be used without doors; and (B) any type which does not include a com- pressor and condenser unit as an integral part of the cabinet assembly. (2) Room air conditioners. (3) Central air conditioners and central air conditioning heat pumps. (4) Water heaters. (5) Furnaces. (6) Dishwashers. (7) Clothes washers. (8) Clothes dryers. (9) Direct heating equipment. (10) Kitchen ranges and ovens. (11) Pool heaters. (12) Television sets. (13) Fluorescent lamp ballasts. (14) General service fluorescent lamps, gen- eral service incandescent lamps, and incandes- cent reflector lamps. (15) Showerheads, except safety shower showerheads. (16) Faucets. (17) Water closets. (18) Urinals. (19) Metal halide lamp fixtures. (20) Any other type of consumer product which the Secretary classifies as a covered product under subsection (b). (b) Special classification of consumer product (1) The Secretary may classify a type of con- sumer product as a covered product if he deter- mines that— (A) classifying products of such type as cov- ered products is necessary or appropriate to carry out the purposes of this chapter, and Page 6705 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6292 (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 States, di- vided by the number of such households which use products of such type. (B) The Btu equivalent of one kilowatt-hour is 3,412 British thermal units. (C) The term ‘‘household’’ shall be defined under rules of the Secretary. (Pub. L. 94–163, title III, § 322, Dec. 22, 1975, 89 Stat. 918; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 100–12, §§ 3, 11(b)(1), Mar. 17, 1987, 101 Stat. 105, 125; Pub. L. 100–357, § 2(b), June 28, 1988, 102 Stat. 672; Pub. L. 102–486, title I, § 123(c), Oct. 24, 1992, 106 Stat. 2821; Pub. L. 105–388, § 5(a)(3), Nov. 13, 1998, 112 Stat. 3478; Pub. L. 110–140, title III, §§ 321(a)(2), 324(b), Dec. 19, 2007, 121 Stat. 1577, 1593.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(1)(A), was in the original ‘‘this Act’’, meaning Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Con- servation Act. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables. AMENDMENTS 2007—Subsec. (a)(14). Pub. L. 110–140, § 321(a)(2), in- serted ‘‘, general service incandescent lamps,’’ after ‘‘fluorescent lamps’’. Subsec. (a)(19), (20). Pub. L. 110–140, § 324(b), added par. (19) and redesignated former par. (19) as (20). 1998—Subsec. (b)(2)(A). Pub. L. 105–388 inserted clos- ing quotation marks after ‘‘type of product’’. 1992—Subsec. (a)(14) to (19). Pub. L. 102–486 added pars. (14) to (18) and redesignated former par. (14) as (19). 1988—Subsec. (a)(13), (14). Pub. L. 100–357 added par. (13) and redesignated former par. (13) as (14). 1987—Subsec. (a). Pub. L. 100–12, § 3, inserted heading and amended text generally. Prior to amendment, text read as follows: ‘‘A consumer product is a covered prod- uct 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 fur- naces. ‘‘(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 Secretary classifies as a covered product under sub- section (b) of this section.’’ Subsec. (b). Pub. L. 100–12, § 11(b)(1), inserted heading. 1978—Subsecs. (a)(14), (b)(1), (2)(C). Pub. L. 95–619 sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’, meaning Administrator of the Federal Energy Administration, wherever appearing. 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. ENERGY EFFICIENCY LABELING FOR WINDOWS AND WINDOW SYSTEMS Pub. L. 102–486, title I, § 121, Oct. 24, 1992, 106 Stat. 2805, provided that: ‘‘(a) IN GENERAL.—(1) The Secretary shall, after con- sulting with the National Fenestration Rating Council, industry representatives, and other appropriate organi- zations, provide financial assistance to support a vol- untary national window rating program that will de- velop energy ratings and labels for windows and win- dow systems. ‘‘(2) Such rating program shall include— ‘‘(A) specifications for testing procedures and labels that will enable window buyers to make more in- formed purchasing decisions about the energy effi- ciency of windows and window systems; and ‘‘(B) information (which may be disseminated through catalogs, trade publications, labels, or other mechanisms) that will allow window buyers to assess the energy consumption and potential cost savings of alternative window products. ‘‘(3) Such rating program shall be developed by the National Fenestration Rating Council according to commonly accepted procedures for the development of national testing procedures and labeling programs. ‘‘(b) MONITORING.—The Secretary shall monitor and evaluate the efforts of the National Fenestration Rat- ing Council and, not later than one year after the date of the enactment of this Act [Oct. 24, 1992], make a de- termination as to whether the program developed by the Council is consistent with the objectives of sub- section (a). ‘‘(c) ALTERNATIVE SYSTEM.—(1) If the Secretary makes a determination under subsection (b) that a vol- untary national window rating program consistent with the objectives of subsection (a) has not been devel- oped, the Secretary shall, after consultation with the National Institute of Standards and Technology, de- velop, not later than two years after such determina- tion, test procedures under section 323 of the Energy Policy and Conservation Act (42 U.S.C. 6293) for win- dows and window systems. ‘‘(2) Not later than one year after the Secretary de- velops test procedures under paragraph (1), the Federal Trade Commission (hereafter in this section referred to as the ‘Commission’) shall prescribe labeling rules under section 324 of such Act (42 U.S.C. 6294) for those windows and window systems for which the Secretary has prescribed test procedures under paragraph (1) ex- cept that, with respect to any type of window or win- dow system (or class thereof), the Secretary may deter- mine that such labeling is not technologically feasible or economically justified or is not likely to assist con- sumers in making purchasing decisions. ‘‘(3) For purposes of sections 323, 324, and 327 of such Act [42 U.S.C. 6293, 6294, 6297], each product for which the Secretary has established test procedures or label- ing rules pursuant to this subsection shall be consid- ered a new covered product under section 322 of such Act (42 U.S.C. 6292) to the extent necessary to carry out this subsection. ‘‘(4) For purposes of section 327(a) of such Act, the term ‘this part’ includes this subsection to the extent necessary to carry out this subsection.’’ ENERGY EFFICIENCY INFORMATION FOR COMMERCIAL OFFICE EQUIPMENT Pub. L. 102–486, title I, § 125, Oct. 24, 1992, 106 Stat. 2833, provided that: Page 6706 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6292 ‘‘(a) IN GENERAL.—(1) The Secretary shall, after con- sulting with the Computer and Business Equipment Manufacturers Association and other interested organi- zations, provide financial and technical assistance to support a voluntary national testing and information program for those types of commercial office equip- ment that are widely used and for which there is a po- tential for significant energy savings as a result of such program. ‘‘(2) Such program shall— ‘‘(A) consistent with the objectives of paragraph (1), determine the commercial office equipment to be covered under such program; ‘‘(B) include specifications for testing procedures that will enable purchasers of such commercial office equipment to make more informed decisions about the energy efficiency and costs of alternative prod- ucts; and ‘‘(C) include information, which may be dissemi- nated through catalogs, trade publications, labels, or other mechanisms, that will allow consumers to as- sess the energy consumption and potential cost sav- ings of alternative products. ‘‘(3) Such program shall be developed by an appro- priate organization (composed of interested parties) ac- cording to commonly accepted procedures for the de- velopment of national testing procedure and labeling programs. ‘‘(b) MONITORING.—The Secretary shall monitor and evaluate the efforts to develop the program described in subsection (a) and, not later than three years after the date of the enactment of this Act [Oct. 24, 1992], shall make a determination as to whether such pro- gram is consistent with the objectives of subsection (a). ‘‘(c) ALTERNATIVE SYSTEM.—(1) If the Secretary makes a determination under subsection (b) that a vol- untary national testing and information program for commercial office equipment consistent with the objec- tives of subsection (a) has not been developed, the Sec- retary shall, after consultation with the National Insti- tute of Standards and Technology, develop, not later than two years after such determination, test proce- dures under section 323 of the Energy Policy and Con- servation Act (42 U.S.C. 6293) for such commercial of- fice equipment. ‘‘(2) Not later than one year after the Secretary de- velops test procedures under paragraph (1), the Federal Trade Commission (hereafter in this section referred to as the ‘Commission’) shall prescribe labeling rules under section 324 of such Act (42 U.S.C. 6294) for com- mercial office equipment for which the Secretary has prescribed test procedures under paragraph (1) except that, with respect to any type of commercial office equipment (or class thereof), the Secretary may deter- mine that such labeling is not technologically feasible or economically justified or is not likely to assist con- sumers in making purchasing decisions. ‘‘(3) For purposes of sections 323, 324, and 327 of such Act [42 U.S.C. 6293, 6294, 6297], each product for which the Secretary has established test procedures or label- ing rules pursuant to this subsection shall be consid- ered a new covered product under section 322 of such Act (42 U.S.C. 6292) to the extent necessary to carry out this subsection. ‘‘(4) For purposes of section 327(a) of such Act, the term ‘this part’ includes this subsection to the extent necessary to carry out this subsection.’’ ENERGY EFFICIENCY INFORMATION FOR LUMINAIRES Pub. L. 102–486, title I, § 126, Oct. 24, 1992, 106 Stat. 2834, provided that: ‘‘(a) IN GENERAL.—(1) The Secretary shall, after con- sulting with the National Electric Manufacturers Asso- ciation, the American Lighting Association, and other interested organizations, provide financial and tech- nical assistance to support a voluntary national testing and information program for those types of luminaires that are widely used and for which there is a potential for significant energy savings as a result of such pro- gram. ‘‘(2) Such program shall— ‘‘(A) consistent with the objectives of paragraph (1), determine the luminaires to be covered under such program; ‘‘(B) include specifications for testing procedures that will enable purchasers of such luminaires to make more informed decisions about the energy effi- ciency and costs of alternative products; and ‘‘(C) include information, which may be dissemi- nated through catalogs, trade publications, labels, or other mechanisms, that will allow consumers to as- sess the energy consumption and potential cost sav- ings of alternative products. ‘‘(3) Such program shall be developed by an appro- priate organization (composed of interested parties) ac- cording to commonly accepted procedures for the de- velopment of national testing procedures and labeling programs. ‘‘(b) MONITORING.—The Secretary shall monitor and evaluate the efforts to develop the program described in subsection (a) and, not later than three years after the date of the enactment of this Act [Oct. 24, 1992], shall make a determination as to whether the program developed is consistent with the objectives of sub- section (a). ‘‘(c) ALTERNATIVE SYSTEM.—(1) If the Secretary makes a determination under subsection (b) that a vol- untary national testing and information program for luminaires consistent with the objectives of subsection (a) has not been developed, the Secretary shall, after consultation with the National Institute of Standards and Technology, develop, not later than two years after such determination, test procedures under section 323 of the Energy Policy and Conservation Act (42 U.S.C. 6293) for such luminaires. ‘‘(2) Not later than one year after the Secretary de- velops test procedures under paragraph (1), the Federal Trade Commission (hereafter in this section referred to as the ‘Commission’) shall prescribe labeling rules under section 324 of such Act (42 U.S.C. 6294) for those luminaires for which the Secretary has prescribed test procedures under paragraph (1) except that, with re- spect to any type of luminaire (or class thereof), the Secretary may determine that such labeling is not technologically feasible or economically justified or is not likely to assist consumers in making purchasing decisions. ‘‘(3) For purposes of sections 323, 324, and 327 of such Act [42 U.S.C. 6293, 6294, 6297], each product for which the Secretary has established test procedures or label- ing rules pursuant to this subsection shall be consid- ered a new covered product under section 322 of such Act (42 U.S.C. 6292) to the extent necessary to carry out this subsection. ‘‘(4) For purposes of section 327(a) of such Act, the term ‘this part’ includes this subsection to the extent necessary to carry out this subsection.’’ REPORT ON POTENTIAL OF COOPERATIVE ADVANCED APPLIANCE DEVELOPMENT Pub. L. 102–486, title I, § 127, Oct. 24, 1992, 106 Stat. 2835, provided that not later than 18 months after Oct. 24, 1992, the Secretary would, in consultation with the Administrator of the Environmental Protection Agen- cy, utilities, and appliance manufacturers, submit to Congress a report, based on certain criteria, on the po- tential for the development and commercialization of appliances substantially more efficient than required by Federal or State law. EVALUATION OF UTILITY EARLY REPLACEMENT PROGRAMS FOR APPLIANCES Pub. L. 102–486, title I, § 128, Oct. 24, 1992, 106 Stat. 2836, required the Secretary, within 18 months after Oct. 24, 1992, and in consultation with the Adminis- trator of the Environmental Protection Agency, utili- ties, and appliance manufacturers, to evaluate and re- port to Congress on the energy savings and environ- mental benefits of programs directed to the early re- Page 6707 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6293 placement of older, less efficient appliances (as defined in subsec. (a) of this section) in use by consumers with products more efficient than required by Federal law. § 6293. Test procedures (a) General rule All test procedures and related determinations prescribed or made by the Secretary with re- spect to any covered product (or class thereof) which are in effect on March 17, 1987, shall re- main in effect until the Secretary amends such test procedures and related determinations under subsection (b). (b) Amended and new procedures (1) TEST PROCEDURES.— (A) AMENDMENT.—At least once every 7 years, the Secretary shall review test proce- dures for all covered products and— (i) amend test procedures with respect to any covered product, if the Secretary deter- mines that amended test procedures would more accurately or fully comply with the re- quirements of paragraph (3); or (ii) publish notice in the Federal Register of any determination not to amend a test procedure. (B) The Secretary may, in accordance with the requirements of this subsection, prescribe test procedures for any consumer product clas- sified as a covered product under section 6292(b) of this title. (C) The Secretary shall direct the National Institute of Standards and Technology to as- sist in developing new or amended test proce- dures. (2) If the Secretary determines, on his own be- half or in response to a petition by any inter- ested person, that a test procedure should be prescribed or amended, the Secretary shall promptly publish in the Federal Register pro- posed test procedures and afford interested per- sons an opportunity to present oral and written data, views, and arguments with respect to such procedures. The comment period shall not be less than 60 days and may be extended for good cause shown to not more than 270 days. In pre- scribing or amending a test procedure, the Sec- retary shall take into account such information as the Secretary determines relevant to such procedure, including technological develop- ments relating to energy use or energy effi- ciency of the type (or class) of covered products involved. (3) Any test procedures prescribed or amended under this section shall be reasonably designed to produce test results which measure energy ef- ficiency, energy use, water use (in the case of showerheads, faucets, water closets and urinals), or estimated annual operating cost of a covered product during a representative average use cycle or period of use, as determined by the Sec- retary, and shall not be unduly burdensome to conduct. (4) If the test procedure is a procedure for de- termining estimated annual operating costs, such procedure shall provide that such costs shall be calculated from measurements of en- ergy use or, in the case of showerheads, faucets, water closets, or urinals, water use in a rep- resentative average use cycle or period of use, as determined by the Secretary, and from rep- resentative average unit costs of the energy needed to operate such product during such cycle, or in the case of showerheads, faucets, water closets, or urinals, representative average unit costs of water and wastewater treatment service resulting from the operation of such products during such cycle. The Secretary shall provide information to manufacturers with re- spect to representative average unit costs of en- ergy, water, and wastewater treatment. (5) With respect to fluorescent lamp ballasts manufactured on or after January 1, 1990, and to which standards are applicable under section 6295 of this title, the Secretary shall prescribe test procedures that are in accord with ANSI standard C82.2–1984 or other test procedures de- termined appropriate by the Secretary. (6) With respect to fluorescent lamps and in- candescent reflector lamps to which standards are applicable under subsection (i) of section 6295 of this title, the Secretary shall prescribe test procedures, to be carried out by accredited test laboratories, that take into consideration the applicable IES or ANSI standard. (7)(A) Test procedures for showerheads and faucets to which standards are applicable under subsection (j) of section 6295 of this title shall be the test procedures specified in ASME A112.18.1M–1989 for such products. (B) If the test procedure requirements of ASME A112.18.1M–1989 are revised at any time and approved by ANSI, the Secretary shall amend the test procedures established by sub- paragraph (A) to conform to such revised ASME/ ANSI requirements unless the Secretary deter- mines, by rule, that to do so would not meet the requirements of paragraph (3). (8)(A) Test procedures for water closets and urinals to which standards are applicable under subsection (k) of section 6295 of this title shall be the test procedures specified in ASME A112.19.6–1990 for such products. (B) If the test procedure requirements of ASME A112.19.6–1990 are revised at any time and approved by ANSI, the Secretary shall amend the test procedures established by subparagraph (A) to conform to such revised ASME/ANSI re- quirements unless the Secretary determines, by rule, that to do so would not meet the require- ments of paragraph (3). (9) Test procedures for illuminated exit signs shall be based on the test method used under version 2.0 of the Energy Star program of the Environmental Protection Agency for illumi- nated exit signs. (10)(A) Test procedures for distribution trans- formers and low voltage dry-type distribution transformers shall be based on the ‘‘Standard Test Method for Measuring the Energy Con- sumption of Distribution Transformers’’ pre- scribed by the National Electrical Manufactur- ers Association (NEMA TP 2–1998). (B) The Secretary may review and revise the test procedures established under subparagraph (A). (C) For purposes of section 6317(a) of this title, the test procedures established under subpara- graph (A) shall be considered to be the testing requirements prescribed by the Secretary under