PUBLIC LAW 110–140—DEC. 19, 2007
121 STAT. 1559
‘‘(V) STATE ENFORCEMENT.—A State agency may seek enforcement of a Federal regional standard in a Federal court of competent jurisdiction. ‘‘(H) INFORMATION DISCLOSURE.— ‘‘(i) IN GENERAL.—Not later than 90 days after the date of the publication of a final rule that establishes a regional standard for a product, the Federal Trade Commission shall undertake a rulemaking to determine the appropriate 1 or more methods for disclosing information so that consumers, distributors, contractors, and installers can easily determine whether a specific piece of equipment that is installed in a specific building is in conformance with the regional standard that applies to the building. ‘‘(ii) METHODS.—A method of disclosing information under clause (i) may include— ‘‘(I) modifications to the Energy Guide label; or ‘‘(II) other methods that make it easy for consumers and installers to use and understand at the point of installation. ‘‘(iii) COMPLETION OF RULEMAKING.—The rulemaking shall be completed not later 15 months after the date of the publication of a final rule that establishes a regional standard for a product.’’. (b) PROHIBITED ACTS.—Section 332(a) of the Energy Policy and Conservation Act (42 U.S.C. 6302(a)) is amended— (1) in paragraph (4), by striking ‘‘or’’ after the semicolon at the end; (2) in paragraph (5), by striking ‘‘part.’’ and inserting ‘‘part, except to the extent that the new covered product is covered by a regional standard that is more stringent than the base national standard; or’’; and (3) by adding at the end the following: ‘‘(6) for any manufacturer or private labeler to knowingly sell a product to a distributor, contractor, or dealer with knowledge that the entity routinely violates any regional standard applicable to the product.’’. (c) CONSIDERATION OF PRICES AND OPERATING PATTERNS.—Section 342(a)(6)(B) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)(6)(B)) is amended by adding at the end the following: ‘‘(iii) CONSIDERATION OF PRICES AND OPERATING PATTERNS.—If the Secretary is considering revised standards for air-cooled 3-phase central air conditioners and central air conditioning heat pumps with less 65,000 Btu per hour (cooling capacity), the Secretary shall use commercial energy prices and operating patterns in all analyses conducted by the Secretary.’’.
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SEC. 307. PROCEDURE FOR PRESCRIBING NEW OR AMENDED STANDARDS.
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Section 325(p) of the Energy Policy and Conservation Act (42 U.S.C. 6925(p)) is amended— (1) by striking paragraph (1); and
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