Page:United States Statutes at Large Volume 101 Part 1.djvu/154

 101 STAT. 124

State and local governments. Ante, p. 107.

PUBLIC LAW 100-12—MAR. 17, 1987

"(c) Jurisdiction is vested in the Federal district courts of the United States over actions brought by— "(1) any adversely affected person to determine whether a State or local government is complying with the requirements of this part; and "(2) any person who files a petition under section 325(k) which is denied by the Secretary.". SEC. 10. ANNUAL REPORT.

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Section 338 of the Energy Policy and Conservation Act (42 U.S.C. 6308) is amended by adding at the end the following: "Nothing in this section provides a defense or justification for a failure by the Secretary to comply with a nondiscretionary duty as provided for in this part." SEC. 11. CONFORMING AMENDMENTS.

42 USC 6294.

Ante, p. 105. Labeling.

Ante, p. 105.

(a) IN GENERAL.—Part B of title III of the Energy Policy and Conservation Act is amended as follows: , (1) Section 324 is amended— >,„.,j ^ (A) in subsection (a)(1), by striking out "paragraphs (1) through (9)" and inserting in lieu thereof "paragraphs (1), (2), (4), (6), and (8) through (12)"; (B) in subsection (a)(2), by striking out "paragraphs (10) through (13)" and inserting in lieu thereof "paragraphs (3), (5), and (7)"; and (C) in subsection (a)(3)— (i) by striking out "paragraph (14)" and inserting in lieu thereof "paragraph (13)"; (ii) by striking out subparagraph (A) and inserting in , " lieu thereof the following: "(A) the Commission or the Secretary has made a determina[ tion with respect to such type (or class thereof) that labeling in accordance with this section will assist purchasers in making purchasing decisions,"; and (iii) by striking out "section 323(a)(5)" in subpara^' ' graph (B) and inserting in lieu thereof "section ^^ 323(b)(1)(B)"; (D) by striking out subsection (b)(l) and inserting in lieu thereof the following: "(b) RuLES IN EFFECT; NEW RULES.—(1)(A) Any labeling rule in effect on the date of the enactment of the National Appliance Energy Conservation Act of 1987 shall remain in effect until amended, by rule, by the Commission. "(B) After the date of the enactment of the National Appliance Energy Conservation Act of 1987 and not later than 30 days after the date on which a proposed test procedure applicable to a covered product of any of the types specified in paragraphs (1) through (13) of section 322(a) (or class thereof) is prescribed under section 323(b), the Commission shall publish a proposed labeling rule applicable to such type (or class thereof)."; ^, (E) in subsection (b)(3)— (i) by striking out "section 323" both places in which .^, . V ^^ appears and inserting in lieu thereof' section 323(b)"; .; • (ii) by striking out "(13)" and inserting in lieu thereof

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"(12)";and

(iii) by striking out "(14)" and inserting in lieu thereof "(13)";

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