Page:United States Statutes at Large Volume 101 Part 1.djvu/143

 PUBLIC LAW 100-12—MAR. 17, 1987

101 STAT. 113

"(D) the application of a labeling rule under section 324 to 42 USC 6294. such type (or class) is not likely to be sufficient to induce manufacturers to produce, and consumers and other persons to purchase, covered products of such type (or class) which achieve the maximum energy efficiency which is technologically feasible and economically justified. "(2) Any new or amended standard for covered products of a type specified in paragraph (13) of section 322(a) shall not apply to Ante, p. 105. products manufactured within five years after the publication of a final rule establishing such standard. "(3) The Secretary may, in accordance with subsections (1) and (m), prescribe an energy conservation standard for television sets. Any such standard may not become effective with respect to products manufactured before January 1, 1992. "(j) FURTHER RULEMAKING.—After issuance of the last final rules required under subsections (b) through (h) of this section, the Secretary may publish final rules to determine whether standards for a covered product should be amended. An amendment prescribed under this subsection shall apply to products manufactured after a date which is 5 years after— "(A) the effective date of the previous amendment made pursuant to this part; or "(B) if the previous final rule published under this part did not amend the standard, the earliest date by which a previous amendment could have been in effect, except that in no case may an amended standard apply to products manufactured within 3 years (for refrigerators, refrigerator-freezers, and freezers, room air conditioners, dishwashers, clothes washers, clothes dryers, and kitchen ranges and ovens) or 5 years (for central air conditioners and heat pumps, water heaters, pool heaters, direct hearing equipment and furnaces) after publication of the final rule establishing a standard, "(k) PETITION FOR AN AMENDED STANDARD.—(1) With respect to each covered product described in paragraphs (1) through (11) of section 322(a), any person may petition the Secretary to conduct a rulemaking to determine for a covered product if the standards contained either in the last final rule required under subsections (b) through (h) of this section or in a final rule published under this section should be amended. "(2) The Secretary shall grant a petition if he finds that it contains evidence which, assuming no other evidence were considered, provides an adequate basis for amending the standards under the following criteria— "(A) amended standards will result in significant conservation of energy; "(B) amended standards are technologically feasible; and "(C) amended standards are cost effective as described in subsection (l)(2)(B)(i)(II). ': The grant of a petition by the Secretary under this subsection creates no presumption with respect to the Secretary's determination of any of the criteria in a rulemaking under this section. "(3) An amendment prescribed under this subsection shall apply to products manufactured after a date which is 5 years after— "(A) the effective date of the previous amendment pursuant to this part; or "(B) if the previous final rule published under this part did not amend the standard, the earliest date by which a previous

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