Page:United States Statutes at Large Volume 101 Part 1.djvu/146

 101 STAT. 116

PUBLIC LAW 100-12—MAR. 17, 1987

-I\T, '

Federal Register, publication.

"(A) whether the standard to be prescribed is economically justified (taking into account those factors which the 1-1^'-: Secretary must consider under subsection (1)(2)) or will '- ' result in the effects described in subsection (1)(4); "(B) whether the standard will achieve the maximum improvement in energy efficiency which is technologically ' ' feasible; "(C) if the standard will not achieve such improvement, '•- whether the reasons for not achieving such improvement are adequate; and <-f' *.' "(D) whether such rule should prescribe a level of energy use or efficiency which is higher or lower than that which would otherwise apply in the case of any group of products within the type (or class) that will be subject to such standard. "(4) A final rule prescribing an amended or new energy conservation standard or prescribing no amended or new standard for a type (or class) of covered products shall be published as soon as is practicable, but not less than 90 days, after publication of the proposed rule in the Federal Register, "(n) SPECIAL RULE FOR CERTAIN TYPES OR CLASSES OF PRODUCTS.—

(1) A rule prescribing an energy conservation standard for a type (or class) of covered products shall specify a level of energy use or efficiency higher or lower than that which applies (or would apply) for such type (or class) for any group of covered products which have the same function or intended use, if the Secretary determines that covered products within such group— ' ' "(A) consume a different kind of energy from that consumed by other covered products within such type (or class); or "(B) have a capacity or other performance-related feature 9.U which other products within such type (or class) do not have and such feature justifies a higher or lower standard from that which applies (or will apply) to other products within such type (or class). In making a determination under this paragraph concerning whether a performance-related feature justifies the establishment of a higher or lower standard, the Secretary shall consider such factors as the utility to the consumer of such a feature, and such other factors as the Secretary deems appropriate. "(2) Any rule prescribing a higher or lower level of energy use or efficiency under paragraph (1) shall include an explanation of the basis on which such higher or lower level was established. "(o) INCLUSION IN STANDARDS OF TEST PROCEDURES AND OTHER

Ante, p. 105.

REQUIREMENTS.—Any new or amended energy conservation standard prescribed under this section shall include, where applicable, test procedures prescribed in accordance with section 323 and may include any requirement which the Secretary determines is necessary to assure that each covered product to which such standard applies meets the required minimum level of energy efficiency or maximum quantity of energy use specified in such standard. "(p) DETERMINATION OF COMPLIANCE WITH STANDARDS.—Compli-

ance with, and performance under, the energy conservation standards (except for design standards authorized by this part) established in, or prescribed under, this section shall be determined using the test procedures and corresponding compliance criteria prescribed under section 323. ....

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