Page:United States Statutes at Large Volume 119.djvu/660

 119 STAT. 642

Regulations.

Deadline. Regulations.

Notice. Federal Register, publication.

Regulations.

Applicability.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

PUBLIC LAW 109–58—AUG. 8, 2005

(i) in subparagraph (A), by inserting ‘‘very large commercial package air conditioning and heating equipment,’’ after ‘‘large commercial package air conditioning and heating equipment,’’; and (ii) in subparagraph (B), by inserting ‘‘very large commercial package air conditioning and heating equipment,’’ after ‘‘large commercial package air conditioning and heating equipment,’’; and (B) by adding at the end the following: ‘‘(6)(A)(i) In the case of commercial refrigerators, freezers, and refrigerator-freezers, the test procedures shall be— ‘‘(I) the test procedures determined by the Secretary to be generally accepted industry testing procedures; or ‘‘(II) rating procedures developed or recognized by the ASHRAE or by the American National Standards Institute. ‘‘(ii) In the case of self-contained refrigerators, freezers, and refrigerator-freezers to which standards are applicable under paragraphs (2) and (3) of section 342(c), the initial test procedures shall be the ASHRAE 117 test procedure that is in effect on January 1, 2005. ‘‘(B)(i) In the case of commercial refrigerators, freezers, and refrigerator-freezers with doors covered by the standards adopted in February 2002, by the California Energy Commission, the rating temperatures shall be the integrated average temperature of 38 degrees F ( ± 2 degrees F) for refrigerator compartments and 0 degrees F ( ± 2 degrees F) for freezer compartments. ‘‘(C) The Secretary shall issue a rule in accordance with paragraphs (2) and (3) to establish the appropriate rating temperatures for the other products for which standards will be established under section 342(c)(4). ‘‘(D) In establishing the appropriate test temperatures under this subparagraph, the Secretary shall follow the procedures and meet the requirements under section 323(e). ‘‘(E)(i) Not later than 180 days after the publication of the new ASHRAE 117 test procedure, if the ASHRAE 117 test procedure for commercial refrigerators, freezers, and refrigerator-freezers is amended, the Secretary shall, by rule, amend the test procedure for the product as necessary to ensure that the test procedure is consistent with the amended ASHRAE 117 test procedure, unless the Secretary makes a determination, by rule, and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures under paragraphs (2) and (3). ‘‘(ii) If the Secretary determines that 180 days is an insufficient period during which to review and adopt the amended test procedure or rating procedure under clause (i), the Secretary shall publish a notice in the Federal Register stating the intent of the Secretary to wait not longer than 1 additional year before putting into effect an amended test procedure or rating procedure. ‘‘(F)(i) If a test procedure other than the ASHRAE 117 test procedure is approved by the American National Standards Institute, the Secretary shall, by rule— ‘‘(I) review the relative strengths and weaknesses of the new test procedure relative to the ASHRAE 117 test procedure; and ‘‘(II) based on that review, adopt one new test procedure for use in the standards program. ‘‘(ii) If a new test procedure is adopted under clause (i)—

Jkt 039194

PO 00001

Frm 00640

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL001.119

APPS06

PsN: PUBL001

�