§ 6314. Test procedures

Footnotes

1. 1 So in original. No subpar. (B) has been enacted.
2. 2 So in original. No cl. (ii) has been enacted.
3. 3 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Energy Policy and Conservation Act

   Pub. L. 94–163 title III § 343 · 89 Stat. 871

   Enacted · 42 U.S.C. § 6314

   Pub. L. 94–163, title III, § 343, as added Pub. L. 95–619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3270

   Source evidence

   Code source credit
   Pub. L. 94–163, title III, § 343, as added Pub. L. 95–619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3270

2. 1988

   Technology Competitiveness Act

   Pub. L. 100–418 title V § 5115(c) · 102 Stat. 1107

   Substituted · 42 U.S.C. § 6314(e)

   Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards”.

   Enacted provision · exact public law section
   (c) Amendments to Other Laws.— References in any other Federal 15 USC 271 note. law to the National Bureau of Standards shall be deemed to refer to the National Institute of Standards and Technology.

3. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 § 122(b)(1)(A) · 106 Stat. 2776

   1. Added · 42 U.S.C. § 6314(a)(1)

      Pub. L. 102–486, § 122(b)(1)(A), added par. (1)

   2. Struck · 42 U.S.C. § 6314(a)(1)

      Pub. L. 102–486, § 122(b)(1)(A), struck out former par. (1) which read as follows: “If the Secretary has conducted an evaluation of a class of covered equipment under section 6313 of this title, he may prescribe test procedures for such class in accordance with the following provisions of this section.”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 102–486, § 122(b)(1)(A), added par. (1) and struck out former par. (1) which read as follows: “If the Secretary has conducted an evaluation of a class of covered equipment under section 6313 of this title, he may prescribe test procedures for such class in accordance with the following provisions of this section.”

   Enacted provision · exact public law section
   (A) by striking out paragraph (1) and inserting in lieu thereof the following: “(1) The Secretary may conduct an evaluation of a class of covered equipment and may prescribe test procedures for such class in accordance with the provisions of this section.”; and

4. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 § 122(b)(1)(B) · 106 Stat. 2776

   Added · 42 U.S.C. § 6314(a)(4); 42 U.S.C. § 6314(a)(5)

   Pub. L. 102–486, § 122(b)(1)(B), added pars. (4) and (5)

   Source evidence

   Code amendment note
   Subsec. (a)(4), (5). Pub. L. 102–486, § 122(b)(1)(B), added pars. (4) and (5).

   Enacted provision · exact public law section
   (B) by adding at the end the following new paragraphs: “(4) (A) With respect to small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks to which standards are applicable under section 342, the test procedures shall be those generally accepted industry testing procedures or rating procedures developed or recognized by the Air-Conditioning and Refrigeration Institute or by the American Society of Heating, Refrigerating and Air Conditioning Engineers, as referenced in ASHRAE/IES Standard 90.1 and in effect on June 30, 1992. “(B) If such an industry test procedure or rating procedure for small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal neat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, or unfired hot water storage tanks is amended, the Secretary shall amend the test procedure for the product as necessary to be consistent with the amended industry test procedure or rating procedure unless the Secretary determines, by rule, published in the Federal Register and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures described in paragraphs (2) and (3) of this subsection. “(C) If the Secretary prescribes a rule containing such a determination, the rule may establish an amended test procedure for such product that meets the requirements of paragraphs (2) and (3) of this subsection. In establishing any amended test procedure under this subparagraph or subparagraph (B), the Secretary shall follow the procedures and meet the requirements specified in section 323(e). “(5) (A) With respect to electric motors to which standards are applicable under section 342, the test procedures shall be the test procedures specified in NEMA Standards Publication MG1–1987 and IEEE Standard 112 Test Method B for motor efficiency, as in effect on the date of the enactment of the Energy Policy Act of 1992. “(B) If the test procedure requirements of NEMA Standards Federal Register, publication. Publication MG-1987 and IEEE Standard 112 Test Method B for motor efficiency are amended, the Secretary shall amend the test procedures established by subparagraph (A) to conform to such amended test procedure requirements unless the Secretary determines, by rule, published in the Federal Register and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures described in paragraphs (2) and (3) of this subsection. “(C) If the Secretary prescribes a rule containing such a determination, the rule may establish amended test procedures for such electric motors that meets the requirements of paragraphs (2) and (3) of this subsection. In establishing any amended test procedure under this subparagraph or subparagraph (B), the Secretary shall follow the procedures and meet the requirements specified in section 323(e).”.

5. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 § 122(f)(2) · 106 Stat. 2776

   Redesignated · 42 U.S.C. § 6314(c); 42 U.S.C. § 6314(d)

   Pub. L. 102–486, § 122(f)(2), redesignated subsec. (d), relating to reevaluations, as (c)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 102–486, § 122(f)(2), redesignated subsec. (d), relating to reevaluations, as (c).

   Enacted provision · exact public law section
   (2) Section 343 of such Act (42 U.S.C. 6314) is amended by redesignating the first subsection designated as subsection (d) as subsection (c).

6. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 § 122(b)(2) · 106 Stat. 2776

   Inserted · 42 U.S.C. § 6314(d)(1)

   Pub. L. 102–486, § 122(b)(2), inserted “(or, in the case of small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks, 360 days)” after “180 days”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 102–486, § 122(b)(2), inserted “(or, in the case of small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks, 360 days)” after “180 days”.

   Enacted provision · exact public law section
   (2) The second subsection designated as subsection (d) of section 343 of such Act (42 U.S.C. 6314(d)(1)) is amended in paragraph (1) in the material preceding subparagraph (A), by inserting after “180 days” the following: “(or, in the case of small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal neat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks, 360 days)”.

7. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 § 136(f)(1)(A) · 119 Stat. 594

   Inserted · 42 U.S.C. § 6314(a)(4)(A); 42 U.S.C. § 6314(a)(4)(B)

   Pub. L. 109–58, § 136(f)(1)(A), inserted “very large commercial package air conditioning and heating equipment,” after “large commercial package air conditioning and heating equipment,”

   Source evidence

   Code amendment note
   Subsec. (a)(4)(A), (B). Pub. L. 109–58, § 136(f)(1)(A), inserted “very large commercial package air conditioning and heating equipment,” after “large commercial package air conditioning and heating equipment,”.

   Enacted provision · exact public law section
   (A) in paragraph (4)— (i) in subparagraph (A), by inserting “very large commercial package air conditioning and heating equipment,” after “large commercial package air conditioning and heating equipment,”; and (ii) in subparagraph (B), by inserting “very large commercial package air conditioning and heating equipment,” after “large commercial package air conditioning and heating equipment,”; and

8. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 § 136(f)(1)(B) · 119 Stat. 594

   Added · 42 U.S.C. § 6314(a)(6)(8)

   Pub. L. 109–58, § 136(f)(1)(B), added pars. (6) to (8)

   Source evidence

   Code amendment note
   Subsec. (a)(6) to (8). Pub. L. 109–58, § 136(f)(1)(B), added pars. (6) to (8).

   Enacted provision · exact public law section
   (B) by adding at the end the following: “(6) (A) (i) In the case of commercial refrigerators, freezers, and refrigerator-freezers, the test procedures shall be— “(I) the test procedures determined by the Secretary to be generally accepted industry testing procedures; or “(II) rating procedures developed or recognized by the ASHRAE or by the American National Standards Institute. “(ii) In the case of self-contained refrigerators, freezers, and refrigerator-freezers to which standards are applicable under paragraphs (2) and (3) of section 342(c), the initial test procedures shall be the ASHRAE 117 test procedure that is in effect on January 1, 2005. “(B) (i) In the case of commercial refrigerators, freezers, and refrigerator-freezers with doors covered by the standards adopted in February 2002, by the California Energy Commission, the rating temperatures shall be the integrated average temperature of 38 degrees F ( ±  2 degrees F) for refrigerator compartments and 0 degrees F ( ±  2 degrees F) for freezer compartments. “(C) Regulations. The Secretary shall issue a rule in accordance with paragraphs (2) and (3) to establish the appropriate rating temperatures for the other products for which standards will be established under section 342(c)(4). “(D) In establishing the appropriate test temperatures under this subparagraph, the Secretary shall follow the procedures and meet the requirements under section 323(e). “(E) (i) Deadline. Regulations. Not later than 180 days after the publication of the new ASHRAE 117 test procedure, if the ASHRAE 117 test procedure for commercial refrigerators, freezers, and refrigerator-freezers is amended, the Secretary shall, by rule, amend the test procedure for the product as necessary to ensure that the test procedure is consistent with the amended ASHRAE 117 test procedure, unless the Secretary makes a determination, by rule, and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures under paragraphs (2) and (3). “(ii) Notice. Federal Register, publication. If the Secretary determines that 180 days is an insufficient period during which to review and adopt the amended test procedure or rating procedure under clause (i), the Secretary shall publish a notice in the Federal Register stating the intent of the Secretary to wait not longer than 1 additional year before putting into effect an amended test procedure or rating procedure. “(F) (i) Regulations. If a test procedure other than the ASHRAE 117 test procedure is approved by the American National Standards Institute, the Secretary shall, by rule— “(I) review the relative strengths and weaknesses of the new test procedure relative to the ASHRAE 117 test procedure; and “(II) based on that review, adopt one new test procedure for use in the standards program. “(ii) Applicability. If a new test procedure is adopted under clause (i)— “(I) section 323(e) shall apply; and “(II) subparagraph (B) shall apply to the adopted test procedure. “(7) (A) In the case of automatic commercial ice makers, the test procedures shall be the test procedures specified in Air-Conditioning and Refrigeration Institute Standard 810–2003, as in effect on January 1, 2005. “(B) (i) Regulations. Federal Register, publication. If Air-Conditioning and Refrigeration Institute Standard 810–2003 is amended, the Secretary shall amend the test procedures established in subparagraph (A) as necessary to be consistent with the amended Air-Conditioning and Refrigeration Institute Standard, unless the Secretary determines, by rule, published in the Federal Register and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures under paragraphs (2) and (3). “(ii) If the Secretary issues a rule under clause (i) containing a determination described in clause (ii), the rule may establish an amended test procedure for the product that meets the requirements of paragraphs (2) and (3). “(C) The Secretary shall comply with section 323(e) in establishing any amended test procedure under this paragraph. “(8) With respect to commercial clothes washers, the test procedures shall be the same as the test procedures established by the Secretary for residential clothes washers under section 325(g).” ; and

9. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 § 136(f)(2) · 119 Stat. 594

   Inserted · 42 U.S.C. § 6314(d)(1)

   Pub. L. 109–58, § 136(f)(2), inserted “very large commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers,” after “large commercial package air conditioning and heating equipment,” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 109–58, § 136(f)(2), inserted “very large commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers,” after “large commercial package air conditioning and heating equipment,” in introductory provisions.

   Enacted provision · exact public law section
   (2) in subsection (d)(1), by inserting “very large commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers,” after “large commercial package air conditioning and heating equipment,”.

10. 2007

    Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 302(b) · 121 Stat. 1492

    1. Amended · 42 U.S.C. § 6314(a)

       Pub. L. 110–140, § 302(b), as amended by Pub. L. 112–210, § 10(a)(2)

    2. Inserted · 42 U.S.C. § 6314(a)

       Pub. L. 110–140, § 302(b), as inserted subsec. heading

    3. Added · 42 U.S.C. § 6314(a)

       Pub. L. 110–140, § 302(b), as added par. (1)

    4. Struck · 42 U.S.C. § 6314(a)

       Pub. L. 110–140, § 302(b), as struck out former par. (1) which read as follows: “The Secretary may conduct an evaluation of a class of covered equipment and may prescribe test procedures for such class in accordance with the provisions of this section.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–140, § 302(b), as amended by Pub. L. 112–210, § 10(a)(2), inserted subsec. heading, added par. (1), and struck out former par. (1) which read as follows: “The Secretary may conduct an evaluation of a class of covered equipment and may prescribe test procedures for such class in accordance with the provisions of this section.”

    Enacted provision · exact public law section
    (b) Industrial Equipment.— Section 343(a) of the Energy Policy and Conservation 42 USC 6314. Act (42 U.S.C. 6313(a)) is amended by striking “(a)” and all that follows through the end of paragraph (1) and inserting the following: “(a) Prescription by Secretary; Requirements.— “(1) Test procedures.— “(A) Amendment.— At least once every 7 years, the Secretary shall conduct an evaluation of each class of covered equipment and— “(i) if the Secretary determines that amended test procedures would more accurately or fully comply with the requirements of paragraphs (2) and (3), shall prescribe test procedures for the class in accordance with this section; or “(ii) shall publish notice in the Federal Register of any determination not to amend a test procedure.” .

    Effective date note
    Amendment by section 10(a)(2) of Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title.

11. 2007

    Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 312(c) · 121 Stat. 1492

    Added · 42 U.S.C. § 6314(a)(9)

    Pub. L. 110–140, § 312(c), added par. (9)

    Source evidence

    Code amendment note
    Subsec. (a)(9). Pub. L. 110–140, § 312(c), added par. (9).

    Enacted provision · exact public law section
    (c) Test Procedures.— Section 343(a) of the Energy Policy and Conservation Act (42 U.S.C. 6314(a)) is amended by adding at the end the following: “(9) Walk-in coolers and walk-in freezers.— “(A) In general.— For the purpose of test procedures for walk-in coolers and walk-in freezers: “(i) The R value shall be the 1/K factor multiplied by the thickness of the panel. “(ii) The K factor shall be based on ASTM test procedure C518–2004. “(iii) For calculating the R value for freezers, the K factor of the foam at 20°F (average foam temperature) shall be used. “(iv) For calculating the R value for coolers, the K factor of the foam at 55°F (average foam temperature) shall be used. “(B) Test procedure.— “(i) In general.— Not later than January 1, 2010, the Secretary shall establish a test procedure to measure the energy-use of walk-in coolers and walk-in freezers. “(ii) Computer modeling.— The test procedure may be based on computer modeling, if the computer model or models have been verified using the results of laboratory tests on a significant sample of walk-in coolers and walk-in freezers.” .

    Effective date note
    Amendment by section 10(a)(2) of Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title.

12. 2012

    American Energy Manufacturing Technical Corrections Act

    Pub. L. 112–210 § 10(a)(2) · 126 Stat. 1514

    Changed · 42 U.S.C. § 6314(a)

    Pub. L. 112–210, § 10(a)(2), made technical amendment to directory language of Pub. L. 110–140, § 302(b). See 2007 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 112–210, § 10(a)(2), made technical amendment to directory language of Pub. L. 110–140, § 302(b). See 2007 Amendment note below.

    Enacted provision · exact public law section
    (2) Section 302(b) of the Energy Independence and Security Act of 2007 42 USC 6314. (121 Stat. 1551) is amended by striking “6313(a)” and inserting “6314(a)”.

    Effective date note
    Amendment by section 10(a)(2) of Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title.

13. 2012

    American Energy Manufacturing Technical Corrections Act

    Pub. L. 112–210 § 10(c)(2) · 126 Stat. 1514

    Substituted · 42 U.S.C. § 6314(a)(4)(A); 42 U.S.C. § 6314(a)(4)(7)

    Pub. L. 112–210, § 10(c)(2), substituted “Air-Conditioning, Heating, and Refrigeration Institute” for “Air-Conditioning and Refrigeration Institute” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a)(4)(A), (7). Pub. L. 112–210, § 10(c)(2), substituted “Air-Conditioning, Heating, and Refrigeration Institute” for “Air-Conditioning and Refrigeration Institute” wherever appearing.

    Enacted provision · exact public law section
    (2) Section 343(a) of the Energy Policy and Conservation Act (42 U.S.C. 6314(a)) is amended by striking “Air-Conditioning and Refrigeration Institute” each place it appears in paragraphs (4)(A) and (7) and inserting “Air-Conditioning, Heating, and Refrigeration Institute”.

    Effective date note
    Amendment by section 10(a)(2) of Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title.

16 of 17 references resolved to an enrolled provision · 1 partial