Page:United States Statutes at Large Volume 92 Part 3.djvu/626

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 3258

Publication in Federal Register.

PUBLIC LAW 95-619—NOV. 9, 1978 thereof) if he determines that he cannot, within the applicable time period, prescribe test procedures applicable to such type (or class) which meet the requirements of subsection (b), and h e submits to the Congress a report of such determination together with the reasons therefor, and also publishes such determination ( and reasons) in the Federal Register. I n any such case, he shall prescribe such test procedures as soon as practicable, b u t in no event later than 90 days after the date specified in paragraph (4). " (B) The Secretary is not required to publish and prescribe test procedures under paragraph s (3) and (4) for a type of covered product (or class thereof) if he determines, by rule, that test procedures cannot be developed which meet the requirements of subsection (b) and publishes such determination in the Federal Register, together with the reasons therefor. For purposes of section 327, a determination under this subparagraph with respect to any type (or class) of covered product, while effective, shall have the same effect as would a standard prescribed for such t y p e (or class) under section 325.". (c) REEVALUATIONS OF T E S T PROCEDURES, E T C. — S e c t i o n 323(a) of

Publication in Federal Register.

such Act (42 U.S.C. 6293(a)) is amended by a d d i n g at the end thereof the following: " (7)(A) I n the case of— " (i) any test procedure prescribed under this subsection; or " ( i i) any determination under paragraph (6) that a test procedure cannot be developed which meets the requirements of subsection (b); the Secretary shall, not later than 3 years after the date of the enactment of this paragraph (and from time to time thereafter), conduct a reevaluation and, on the basis of such reevaluation, shall determine if such test procedure should be amended or such determination should be rescinded. I n conducting such reevaluation, the Secretary shall take into account such information PS he deems relevant, including technological developments relating to the energy efficiency of the type (or class') of covered products involved. " (B) I f the Secretary determines under subparagraph (A) that— " (i) a test procedure should be amended, he shall promptly publish in the Federal Register proposed test procedures incorp o r a t i n g such amendments, o r " ( i i) a determination under paragraph (6) should be rescinded, he shall promptly publish notice thereof in the Federal Register, 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.". (d) ENERGY ErnciENCY REPRESENTATIONS.—Section 323(c) of such

Act (42 U.S.C. 6293(c)) is amended— (1) by striking out "90 d a y s " and inserting in lieu thereof "180 days"; (2) by redesignating paragraph s (1) and (2) as subparagraph s (A) and (B), respectively; (3) by inserting " (1) " after " (c) "; and (4) by a d d i n g a t the end thereof the following new paragraph: " (2) On the petition of any manufacturer, distributor, retailer, or private labeler, filed not later than the 60th day before the expiration of the period involved, the 180-day period referred to in paragraph (1) may be extended by the Commission with respect to the petitioner ( b u t in n o event for more than an additional 180 days) if h e finds that the requirements of paragraph (1) would impose on such petitioner a n undue h a r d s h i p (as determined by the Commission).".