Page:United States Statutes at Large Volume 92 Part 3.djvu/629

 PUBLIC LAW 95-619—NOV. 9, 1978

92 STAT. 3261

under this paragraph whetlier a perforinance-rehited feature justihes the establishment of a higher or lower standard, the Secretary shall consider such factors as the utility to the consuiner of such a feature, and such other factors as he deems appropriate. " (2) Any rule prescribing a higher or lower level of energy efficiency under paragraph (1) shall include an explanation of the basis on which such higher or lower level was established. " (g) I n prescribing energy efficiency standards under this section, the Secretary shall give priority to the establishment of energy efficiency standards for types of products (or classes thereof) specified in paragraph s (1), (2), (4), (5). (6). (7), (9). (12). and (13) of section 3 2 2 (a). " (h)(1) Xot later than 5 years after prescribing an energy efficiency Publication in standard under this section (and from time to time thereafter), the Federal Register. Secretary shall— " (A) conduct a reevaluation in order to deteimine Avhether such standard should be amended in any manner, and " (B) make, and j^u'blish in the Federal Eegister, such determination. I n conducting such reevaluation, the Secretary shall take into account such information as he deems relevant, including technological developments with respect to the type (or class) of coA^ered products involved, and the economic impact of the standard. " (2) I f the Secretary determines under paragraph (1) that a standard should be amended, he shall promptly publish a proposed rule incorporating such amendments and afford interested persons an opportunity to present oral and written data, views, and arguments. Such comment period shall not be less than 45 days. " (i) Any energy efficiency standard shall be prescribed in accordance with the followin<r procedure: " (1) The Secretary shall (A) publish an advance notice of proposed rulemaking which specifies the type (or class) of covered products to which the rule is likely to apply, and (B) invite interested persons to submit, within 45 days after the date of publication of such advance notice, written presentations of data, views, and arguments relevant to establishing such an energy efficiency standard. " (2) A n advance notice of proposed rulemaking under paragraph (1) shall be published by the Secretary— " (A) in the case of types of covered products (or classes thereof) of the types specified in paragraph s (1), (2), (4), (5), (6), (7), (9), (12), and (13) of section 3 2 2 (a), not later than 30 days after a test procedure with respect to that type of covered products (or class thereof) has been prescribed, or 45 days after the date of the enactment of this subparagraph, whichever is later; and " (B) in the case of types of covered products (or classes thereof) specified in paragraph s (3), (8), (10), and (11), of section 3 2 2 (a), not later than 30 days after a test procedure with respect to that type (or class) of covered products has been prescribed, or one year after the date of the enactment of this subparagraph, whichever is later. " (3) A proposed lule which prescribes an energy efficiency standard for a type (or class) of covered products may not be published earlier than 60 days after the date of publication of advance notice of proposed rulemaking for such type (or class). The Secretary shall determine the maximum improvement in energy efficiency that is technologically feasible for each type (or class) of covered products in prescribing such standard and if such standard is not designed to achieve such efficiency,

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