Sec. 3151. Modifying product definitions
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Section 322 of the Energy Policy and Conservation Act ( 42 U.S.C. 6292 ) is amended by adding at the end the following: For any covered product for which a definition is provided in section 321, the Secretary may, by rule, unless prohibited herein, modify such definition in order to— address significant changes in the product or the market occurring since the definition was established; and better enable improvements in the energy efficiency of the product as part of an energy using system.
Section 325(o)(1) shall not apply to adjustments to covered product definitions made pursuant to this subsection. Notice of any adjustment to the definition of a covered product and an explanation of the reasons therefor shall be published in the Federal Register and opportunity provided for public comment. Any amendment to the definition of a covered product under this subsection must have consensus support, as reflected in— the outcome of negotiations conducted in accordance with the subchapter III of chapter 5 of title 5, United States Code (commonly known as the Negotiated Rulemaking Act of 1990 ); or the Secretary’s receipt of a statement that is submitted jointly by interested persons that are fairly representative of relevant points of view (including representatives of manufacturers of covered products, States, and efficiency advocates), as determined by the Secretary, which contains a recommended modified definition for a covered product.
For any type or class of consumer product which becomes a covered product pursuant to this subsection— the Secretary may establish test procedures for such type or class of covered product pursuant to section 323 and energy conservation standards pursuant to section 325(l); the Commission may prescribe labeling rules pursuant to section 324 if the Commission determines that labeling in accordance with that section is technologically and economically feasible and likely to assist consumers in making purchasing decisions; section 327 shall begin to apply to such type or class of covered product in accordance with section 325(ii)(1); and standards previously promulgated under section 325 shall not apply to such type or class of product.
For any type or class of consumer product which ceases to be a covered product pursuant to this subsection, the provisions of this part shall no longer apply to the type or class of consumer product. . Section 341 of the Energy Policy and Conservation Act ( 42 U.S.C. 6312 ) is amended by adding at the end the following: For any covered equipment for which a definition is provided in section 340, the Secretary may, by rule, unless prohibited herein, modify such definition in order to— address significant changes in the product or the market occurring since the definition was established; and better enable improvements in the energy efficiency of the equipment as part of an energy using system.
Section 325(o)(1) shall not apply to adjustments to covered equipment definitions made pursuant to this subsection. Notice of any adjustment to the definition of a type of covered equipment and an explanation of the reasons therefor shall be published in the Federal Register and opportunity provided for public comment. Any amendment to the definition of a type of covered equipment under this subsection must have consensus support, as reflected in— the outcome of negotiations conducted in accordance with the subchapter III of chapter 5 of title 5, United States Code (commonly known as the Negotiated Rulemaking Act of 1990 ); or the Secretary’s receipt of a statement that is submitted jointly by interested persons that are fairly representative of relevant points of view (including representatives of manufacturers of covered equipment, States, and efficiency advocates), as determined by the Secretary, which contains a recommended modified definition for a type of covered equipment.
For any type or class of equipment which becomes covered equipment pursuant to this subsection— the Secretary may establish test procedures for such type or class of covered equipment pursuant to section 343 and energy conservation standards pursuant to section 325(l); the Secretary may prescribe labeling rules pursuant to section 344 if the Secretary determines that labeling in accordance with that section is technologically and economically feasible and likely to assist purchasers in making purchasing decisions; section 327 shall begin to apply to such type or class of covered equipment in accordance with section 325(ii)(1); and standards previously promulgated under section 325, 342, or 346 shall not apply to such type or class of covered equipment.
For any type or class of equipment which ceases to be covered equipment pursuant to this subsection the provisions of this part shall no longer apply to the type or class of equipment. . Section 336 of the Energy Policy and Conservation Act ( 42 U.S.C. 6306 ) is amended by striking section 323, each place it appears and inserting section 322, 323, ; and Section 345(a)(1) of the Energy Policy and Conservation Act ( 42 U.S.C. 6316(a)(1) ) is amended to read as follows: the references to sections 322, 323, 324, and 325 of this Act shall be considered as references to sections 341, 343, 344, and 342 of this Act, respectively; .
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