Page:United States Statutes at Large Volume 119.djvu/661

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 643

‘‘(I) section 323(e) shall apply; and ‘‘(II) subparagraph (B) shall apply to the adopted test procedure. ‘‘(7)(A) In the case of automatic commercial ice makers, the test procedures shall be the test procedures specified in Air-Conditioning and Refrigeration Institute Standard 810–2003, as in effect on January 1, 2005. ‘‘(B)(i) If Air-Conditioning and Refrigeration Institute Standard 810–2003 is amended, the Secretary shall amend the test procedures established in subparagraph (A) as necessary to be consistent with the amended Air-Conditioning and Refrigeration Institute Standard, unless the Secretary determines, by rule, published in the Federal Register 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 issues a rule under clause (i) containing a determination described in clause (ii), the rule may establish an amended test procedure for the product that meets the requirements of paragraphs (2) and (3). ‘‘(C) The Secretary shall comply with section 323(e) in establishing any amended test procedure under this paragraph. ‘‘(8) With respect to commercial clothes washers, the test procedures shall be the same as the test procedures established by the Secretary for residential clothes washers under section 325(g).’’; and (2) in subsection (d)(1), by inserting ‘‘very large commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers,’’ after ‘‘large commercial package air conditioning and heating equipment,’’. (g) LABELING.—Section 344(e) of the Energy Policy and Conservation Act (42 U.S.C. 6315(e)) is amended by inserting ‘‘very large commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers,’’ after ‘‘large commercial package air conditioning and heating equipment,’’ each place it appears. (h) ADMINISTRATION, PENALTIES, ENFORCEMENT, AND PREEMPTION.—Section 345 of the Energy Policy and Conservation Act (42 U.S.C. 6316) is amended— (1) in subsection (a)— (A) in paragraph (7), by striking ‘‘and’’ at the end; (B) in paragraph (8), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(9) in the case of commercial clothes washers, section 327(b)(1) shall be applied as if the National Appliance Energy Conservation Act of 1987 was the Energy Policy Act of 2005.’’; (2) in the first sentence of subsection (b)(1), by striking ‘‘part B’’ and inserting ‘‘part A’’; and (3) by adding at the end the following: ‘‘(d)(1) Except as provided in paragraphs (2) and (3), section 327 shall apply with respect to very large commercial package air conditioning and heating equipment to the same extent and in the same manner as section 327 applies under part A on the date of enactment of this subsection.

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