Page:United States Statutes at Large Volume 92 Part 3.djvu/638

 92 STAT. 3270

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PUBLIC LAW 95-619—NOV. 9, 1978 " (3) Any standard classification of industrial equipment established under subsection (a) or (b) shall— " (A) define the equipment contained therein; and I. "(B) characterize the equipment and its general use. ( ' i

42 USC 6314.

TEST PROCEDURES

"SEC. 343. (a)(1) If the Secretary has conducted an evaluation of a class of covered equipment under section 342, he may prescribe test procedures for such class in accordance with the following provisions of this section. " (2) Test procedures prescribed in accordance with this section shall be reasonably designed to produce test results which reflect energy efficiency, energy use, and estimated operating costs of a type of industrial equipment (or class thereof) during a representative average use cycle (as determined by the Secretary), and shall not be unduly burdensome to conduct. "(3) If the test procedure is a procedure for determining estimated annual operating costs, such procedure shall provide that such costs shall be calculated from measurements of energy use in a representative average-use cycle (as determined by the Secretary), and from representative average unit costs of the energy needed to operate such equipment during such cycle. The Secretary shall provide information to manufacturers of covered equipment respecting representative average unit costs of energy. Publication in "(b) Before prescribing any final test procedures under this section Federal Register, ^he Secretary shall— "(1) publish proposed test procedures in the Federal Register; t. and "(2) afford interested persons an opportunity (of not less than 45 days' duration) to present oral and written data, views, and arguments on the proposed test procedures. "(d)(1) The Secretary shall, not later than 3 years after the date of prescribing a test procedure under this section (and from time to time thereafter), conduct a reevaluation of such procedure and, on the basis of such reevaluation, shall determine if such test procedure should be amended. In conducting such reevaluation, the Secretary shall take into account such information as he deems relevant, including technological developments relating to the energy efficiency of the type (or class) of covered equipment involved. "(2) If the Secretary determines under paragraph (1) that a test procedure should be amended, he shall promptly publish in the Federal Register proposed test procedures 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' duration. "(d)(1) Effective 180 days after a test procedure rule applicable to any covered equipment is prescribed under this section, no manui;»':•, facturer, distributor, retailer, or private labeler may make any representation— "(A) in writing (including any representation on a label), or "(B) in any broadcast advertisement, respecting the energy consumption of such equipment or cost of energy consumed by such equipment, unless such equipment has been tested in accordance with such test procedure and such representation fairly discloses the results of such testing.

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