Page:United States Statutes at Large Volume 92 Part 3.djvu/628

 92 STAT. 3260

PUBLIC LAW 95-619—NOV. 9, 1978

burdens based, to the greatest extent practicable, on a weighing of the following factors: "(1) the economic impact of the standard on the manufacturers and on the consumers of the products subject to such standard, "(2) the savings in operating costs throughout the estimated average life of the covered products in the type (or class), compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the covered products which are likely to result from the imposition of the standard, "(3) the total projected amount of energy savings likely to result directly from the imposition of the standard, "(4) any lessening of the utility or the performance of the covered products likely to result from the imposition of the standard, "(5) the impact of any lessening of competition determined in writing by the Attorney General that is likely to result from the imposition of the standard, " (6) the need of the Nation to conserve energy, and "(7) any other factors the Secretary considers relevant. For purposes of paragraph (5), the Attorney General shall, not later than 60 days after the publication of a proposed rule prescribing an energy efficiency standard, make a determination of the impact, if any, from any lessening of competition likely to result from such standard and transmit such determination in writing to the Secretary, Publication in together with an analysis of the nature and extent of such impact. Any Federal Register. c^,j(,h determination and analysis shall be published by the Secretary in the Federal Register. "(e)(1) Subject to paragraph (2), the Secretary may, on application of any manufacturer, exempt such manufacturer from all or part of the requirements of any rule prescribing an energy efficiency standard under this section for any period which does not extend beyond the date which is 24 months after the date such rule is prescribed, if the Secretary finds that the annual gross revenues to such manufacturer for the preceding 12-month period from all its operations (including the manufacture and sale of covered products) does not exceed $8,000,000. In making such finding in the case of any manufacturer, the Secretary shall take into account the annual gross revenues of any other person who controls, is controlled by, or is under common control with, such manufacturer. "(2) The Secretary may not exercise the authority granted under paragraph (1) with respect to any type (or class) of covered product subject to an energy efficiency standard established under this section unless he makes a finding, after obtaining the written views of the Attorney General, that a failure to allow an exemption under paragraph (1) would likely result in a lessening of competition. "(f)(1) A rule prescribing an energy efficiency standard for a type (or class) of covered products shall specify a level of energy 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 tise, if the Secretary, in his discretion, 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 which other products within such type (or class) do not have, justifying a higher or lower standard from that which applies (or will apply) to other products within such type (or class). In determining

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