Page:United States Statutes at Large Volume 101 Part 1.djvu/136

 101 STAT. 106

PUBLIC LAW 100-12—MAR. 17, 1987 TEST PROCEDURES

323. (a) GENERAL RULE.—All test procedures and related determinations prescribed or made by the Secretary with respect to any covered product (or class thereof) which are in effect on the date of enactment of the National Appliance Energy Conservation Act of 1987 shall remain in effect until the Secretary amends such test procedures and related determinations under subsection Q3). "SEC.

"(b) AMENDED AND N E W PROCEDURES.—(1)(A) The Secretary may

42 USC 6292.

Federal Register, publication.

amend test procedures with respect to any covered product if the Secretary determines that amended test procedures would more accurately or fully comply with the requirements of paragraph (3). "(B) The Secretary may, in accordance with the requirements of this subsection, prescribe test procedures for any consumer product classified as a covered product under section 322(b). "(C) The Secretary shall direct the National Bureau of Standards to assist in developing new or amended test procedures. "(2) If the Secretary determines, on his own behalf or in response to a petition by any interested person, that a test procedure should be prescribed or amended, the Secretary shall promptly publish in the Federal Register proposed test procedures and afford interested persons 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 prescribing or amending a test procedure, the Secretary shall take into account such information as the Secretary determines relevant to such procedure, including technological developments relating to energy use or energy efficiency of the t5rpe (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 efficiency, energy use, or estimated annual operating cost of a covered product during a representative average use cycle or period of use, as determined by the Secretary, and shall not be unduly burdensome to conduct. "(4) If the test procedure is a procedure for determining estimated annual operating costs, such procedure shall provide that such costs shall be calculated from measurements of energy use in a representative average use cycle or period of use, as determined by the Secretary, and from representative average unit costs of the energy needed to operate such product during such cycle. The Secretary shall provide information to manufacturers with respect to representative average unit costs of energy. "(c) RESTRICTION ON CERTAIN REPRESENTATIONS.—(1) No manufac-

Effective date.

turer, distributor, retailer, or private labeler may make any representation— "(A) in writing (including a representation on a label); or "(B) in any broadcast advertisement, with respect to the energy use or efficiency of a covered product to which a test procedure is applicable under subsection (a) or the cost of energy consumed by such product,, unless such product has been tested in accordance with such test procedure and such representation fairly discloses the results of such testing. "(2) Effective 180 days after an amended or new test procedure applicable to a covered product is prescribed under subsection (b), no manufacturer, distributor, retailer, or private labeler may make any representation—

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