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Page:United States Statutes at Large Volume 89.djvu/966

 89 STAT. 906

PUBLIC LAW 94-163—DEC. 22, 1975 "DETERMINATION OF AVERAGE FUEL ECONOMY

15 USC 2003.

Definitions.

"SEC. 503. (a)(1) Average fuel economy for purposes of section 502 (a) and (c) shall be calculated by the E P A Administrator by dividing— "(A) the total number of passenger automobiles manufactured in a given model year by a manufacturer, by "(B) a sum of terms, each term of which is a fraction created by dividing— " (i) the number of passenger automobiles of a given model type manufactured by such manufacturer in such model year, by "(ii) the fuel economy measured for such model type. "(2) Average fuel economy for purposes of section 502(b) shall be calculated in accordance with rules of the E P A Administrator. "(b)(1) In calculating average fuel economy under subsection (a)(1), the E P A Administrator shall separate the total number of passenger automobiles manufactured by a manufacturer into the following two categories: "(A) Passenger automobiles which are domestically manufactured by such manufacturer (plus, in the case of model year 1978 and model year 1979, passenger automobiles which are within the includable base import volume of such manufacturer). "(B) Passenger automobiles which are not domestically manufactured by such manufacturer (and which, in the case of model year 1978 and model year 1979, are not within the includable base import volume of such manufacturer). The E P A Administrator shall calculate the average fuel economy of each such separate category, and each such category shall be treated as if manufactured by a separate manufacturer for purposes of this part. " (2) For purposes of this subsection: "(A) The term 'includable base import volume', with respect to any manufacturer in model year 1978 or 1979, as the case may be, is a number of passenger automobiles which is the lesser of— "(i) the manufacturer's base import volume, or "(ii) the number of passenger automobiles calculated by multiplying— " (I) the q^uotient obtained by dividing such manufacturer's base import volume by such manufacturer's base base production volume, times " ( II) the total number of passenger automobiles manufactured by such manufacturer during such model year. "(B) The term 'base import volume' means one-half the sum of— " (i) the total number of passenger automobiles which were not domestically manufactured by such manufacturer during model year 1974 and which were imported by such manufacturer during such model year, plus " (ii) 133 percent of the total number of passenger automobiles which were not domestically manufactured by such manufacturer during the first 9 months of model year 1975 and which were imported by such manufacturer during such 9-month period. "(C) The term 'base production volume' means one-half the sum of—

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text: Popular Science Monthly/Volume 31/Index

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: Popular Science Monthly/Volume 31/Index


text:
Page:United States Statutes at Large Volume 89.djvu/967

 PUBLIC LAW 94-163—DEC. 22, 1975 "(i) the total number of passenger automobiles manufactured by such manufacturer during model year 1974, plus "(ii) 133 percent of the total number of passenger automobiles manufactured by such manufacturer during the first 9 months of model year 1975. "(D) For purposes of subparagraphs (B) and (C) of this paragraph any passenger automobile imported during model year 1976, but prior to July 1, 1975, shall be deemed to have been manufactured (and imported) during the first 9 months of model year 1975. " (E) An automobile shall be considered domestically manufactured in any model year if at least 75 percent of the cost to the manufacturer of such automobile is attributable to value added in the United States or Canada, unless the assembly of such automobile is completed in Canada and such automobile is not imported into the United States prior to the expiration of 30 days following the end of such model year. The EPA Administrator may prescribe rules for purposes of carrying out this subparagraph. " (F) The fuel economy of each passenger automobile which is imported by a manufacturer in model year 1978 or 1979, as the case may be, and which is not domestically manufactured by such manufacturer, shall be deemed to be equal to the average fuel economy of all such passenger automobiles. "(c) Any reference in this part to automobiles manufactured by a manufacturer shall be deemed— "(1) to include all automobiles manufactured by persons who control, are controlled by, or are under common control with, such manufacturer; and "(2) to exclude all automobiles manufactured (within the meaning of paragraph (1)) during a model year by such manufacturer which are exported prior to the expiration of 30 days following the end of such model year. "(d)(1) Fuel economy for any model type shall be measured, and average fuel economy of a manufacturer shall be calculated, in accordance with testing and calculation procedures established by the E P A Administrator, by rule. Procedures so established with respect to passenger automobiles (other than for purposes of section 506) shall be the procedures utilized by the E P A Administrator for model year 1975 (weighed 55 percent urban cycle, and 45 percent highway cycle), or procedures which yield comparable results. Procedures under this subsection, to the extent practicable, shall require that fuel economy tests be conducted in conjunction with emissions tests conducted under section 206 of the Clean Air Act. The EPA Administrator shall report any measurements of fuel economy and any calculations of average fuel economy to the Secretary. "(2) 'The E P A Administrator shall, by rule, determine that quantity of any other fuel which is the equivalent of one gallon of gasoline. " (3) Testing and calculation procedures applicable to a model year, and any amendment to such procedures (other than a technical or clerical amendment), shall be promulgated not less than 12 months prior to the model year to which such procedures apply. "(e) For purposes of this part (other than section 506), any measurement of fuel economy of a model type, and any calculation of average fuel economy of a manufacturer, shall be rounded off to the nearest one-tenth mile per gallon (in accordance with rules of the E P A Administrator). "(f) The E P A Administrator shall consult and coordinate with the Secretary in carrying out his duties under this section.

89 STAT. 907

42 USC 1857f-5. Report to Secretary of Transportation,

Consultation,

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text:
Page:United States Statutes at Large Volume 89.djvu/968

 89 STAT. 908

PUBLIC LAW 94-163—DEC. 22, 1975 "JUDICIAL

Petition, filing.

15 USC 2004.

Jurisdiction. 5 USC 701 et seq.

"SEC. 504. (a) Any person who may be adversely affected by any rule prescribed under section 501, 502, 503, or 506 may, at any time prior to 60 days after such rule is prescribed (or in the case of an amendment submitted to each House of the Congress under section 502(a)(4), at any time prior to 60 days after the expiration of the 60-day period specified in section 502(a)(5)), file a petition in the United States Court of Appeals for the District of Columbia, or for any circuit wherein such person resides or has his principal place of business, for judicial review of such rule. A copy of the petition shall be forthwith transmitted by the clerk of such court to the officer who prescribed the rule. Such officer shall thereupon cause to be filed in such court the written submissions and other materials in the proceeding upon which such rule was based. Upon the filing of such petition, the court shall have jurisdiction to review the rule in accordance with chapter 7 of title 5, United States Code, and to grant appropriate relief as provided in such chapter. Findings of the Secretary under section 502(d) shall be set aside by the court on review unless such findings are supported by substantial evidence. "(b) If the petitioner applies to the court in a proceeding under subsection (a) for leave to make additional submissions, and shows to the satisfaction of the court that such additional submissions are material and that there were reasonable grounds for the failure to make such submissions in the administrative proceeding, the court may order the Secretary or the E P A Administrator, as the case may be, to provide additional opportunity to make such submissions. The Secretary or the EPA Administrator, as the case may be, may modify or set aside the rule involved or prescribe a new rule by reason of the additional submissions, and shall file any such modified or new rule in the court, together with such additional submissions. The court shall thereafter review such new or modified rule. "(c) The judgment of the court affirming or setting aside, in whole or in part, any such rule shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. "(d) The remedies provided for in this section shall be in addition to, and not in lieu of, any other remedies provided by law. INFORMATION ((.

Report to Secretary of Transportation. 15 USC 2005.

REVIEW

AND REPORTS

"SEC. 505. (a)(1) Each manufacturer shall submit a report to the Secretary during the 30-day period preceding the beginning of each model year after model year 1977, and during the 30-day period beginning on the 180th day of each such model year. Each such report shall contain (A) a statement as to whether such manufacturer will comply with average fuel economy standards under section 502 applicable ito the model year for which such report is made; (B) a plan which describes the steps the manufacturer has taken or intends to take in order to comply with such standards; and (C) such other information as the Secretary may require. "(2) Whenever a manufacturer determines that a plan submitted under paragraph (1) which he stated was sufficient to insure compliance with applicable average fuel economy standards is not sufficient to insure such compliance, he shall submit a report to the Secretary containing a revised plan which specifies any additional measures which such manufacturer intends to take in order to comply

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Page:United States Statutes at Large Volume 89.djvu/969

 PUBLIC LAW 94-163—DEC. 22, 1975 with such standards, and a statement as to whether such revised plan is sufficient to insure such compliance. "(3) The Secretary shall prescribe rules setting forth the form and content of the reports required under paragraphs (1) and (2). "(b)(1) For the purpose of carrying out the provisions of this part. the Secretary or the EPA Administrator, or their duly designated agents, may hold such hearings, take such testimony, sit and act at such times and places, administer such oaths, and require, by subpena, the attendance and testimony of such witnesses and the production of such books, papers, correspondence, memorandums, contracts, agreements, or other records as the Secretary, the EPA Administator, or such agents deem advisable. The Secretary or the EPA Administrator may require, by general or special orders that any pereon— " (A) file, in such form as the Secretary or E P A Administrator may prescribe, reports or answers in writing to specific questions relating to any function of the Secretary or the E P A Administrator under this part, and "(B) provide the Secretary, the E P A Administrator, or their duly designated agents, access to (and for the purpose of examination, the right to copy) any documentary evidence of such person which is relevant to any function of the Secretary or the E P A Administrator under this part. Such reports and answers shall be made under oath or otherwise, and shall be filed with the Secretary or the E P A Administrator within such reasonable period as either may prescribe. "(2) The district courts of the United States for a judicial district in the jurisdiction of which an inquiry is carried on may, in the case of contumacy or refusal to obey a duly authorized subpena or order of the Secretary, the EPA Administrator, or a duly designated agent of either, issued under paragraph (1), issue an order requiring compliance with such subpena or order. Any failure to obey such an order of the court may be treated by such court as a contempt thereof. "(3) Witnesses summoned pursuant to this subsection shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. "(c)(1) Every manufacturer shall establish and maintain such records, make such reports, conduct such tests, and provide such items and information as the Secretary or the E P A Administrator may, by rule, reasonably require to enable the Secretary or the EPA Administrator to carry out their duties under this part and under any rules prescribed pursuant to this part. Such manufacturer shall, upon request of a duly designated agent of the Secretary or the E P A Administrator who presents appropriate credentials, permit such agent, at reasonable times and in a reasonable manner, to enter the premises of such manufacturer to inspect automobiles and appropriate books, papers, records, and documents. Such manufacturer shall make available all of such items and information in accordance with such reasonable rules as the Secretary or the E P A Administrator may prescribe. " (2) The district courts of the United States may, if a manufacturer refuses to accede to any rule or reasonable request made under paragraph (1), issue an order requiring compliance with such requirement or request. Any failure to obey such an order of the court may be treated by such court as a contempt thereof. "(d)(1) The Secretary and the E P A Administrator shall each disclose any information obtained under this part (other than section 503(d)) to the public in accordance with section.552 of title 5, United States Code, except that information may be withheld from disclosure

89 STAT. 909

Rules, Hearings,

Witness fees, Recordkeeping,

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text:
Page:United States Statutes at Large Volume 89.djvu/970

 89 STAT. 910

PUBLIC LAW 94-163—DEC. 22, 1975 under subsection (b)(4) of such section only if the Secretary or the EPAi Administrator, as the case may be, determines that such information, if disclosed, would result in significant competitive damage. Any matter described in section 552(b)(4) relevant to any administrative or judicial proceeding under this part may be disclosed in such proceeding. "(2) Measurements and calculations under section 503(d) shall be made available to the public in accordance with section 552 of title 5, United States Code, without regard to subsection (b) of such section. "LABELING

15 USC 2006.

Booklets.

Rules.

"SEC. 506. (a)(1) Except as otherwise provided in paragraph (2), each manufacturer shall cause to be affixed, and each dealer shall cause to be maintained, on each automobile manufactured in any model year after model year 1976, in a prominent place, a label— "(A) indicating— " (i) the fuel economy of such automobile, "(ii) the estimated annual fuel cost associated with the operation of such automobile, and "(iii) the range of fuel economy of comparable automobiles (whether or not manufactured by such manufacturer), as determined in accordance with rules of the E P A Administrator, "(B) containing a statement that written information (as described in subsection (b)(1)) Math respect to the fuel economy of other automobiles manufactured in such model year (whether or not manufactured by such manufacturer) is available from the dealer in order to facilitate comparison among the various model types, and "(C) containing any other information authorized or required by the E P A Administrator which relates to information described in subparagraph (A) or (B). " (2) With respect to automobiles— "(A) for which procedures established in the E P A and FEA Voluntary Fuel Labeling Program for Automobiles exist on the date of the enactment of this title, and "(B) which are manufactured in model year 1976 and at least 90 days after such date of enactment, each manufacturer shall cause to be affixed, and each dealer shall cause to be maintained, in a prominent place, a label indicating the fuel economy of such automobile, in accordance with such procedures. " (3) The form and content of the labels required under paragraphs (1) and (2), and the manner in which such labels shall be affixed, shall be prescribed by the E P A Administrator by rule. The EPA Administrator may permit a manufacturer to comply with this paragraph by permitting such manufacturer to disclose the information required under this subsection on the label required by section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232). "(b)(1) The E P A Administrator shall compile and prepare a simple and readily understandable booklet containing data on fuel economy of automobiles manufactured in each model year. Such booklet shall also contain information with respect to estimated annual fuel costs, and may contain informaition with respect to geo^aphical or other differences in estimated annual fuel costs. The Administrator of the Federal Energy Administration shall publish and distribute «(2) The E P A Administrator, not later than July 31, 1976, shall prescribe rules requiring dealers to make available to prospective

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text:
Page:United States Statutes at Large Volume 89.djvu/971

 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 911

purchasers information compiled by the E P A Administrator under paragraph (1). "(c)(1) A violation of subsection (a) shall be treated as a violation of section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232). For purposes of the Federal Trade Commission Act (other 15 USC 58. than sections 5(m) and (18), a violation of subsection (a) shall be treated as an unfair or deceptive act or practice in or affecting commerce. "(2) As used in this section, the term 'dealer' has the same meaning "Dealer." as such term has in section 2(e) of the Automobile Information Disclosure Act (15 U.S.C. 1231(e)) except that in applying such term to this section, the term 'automobile' has the same meaning as such term has in section 501(1) of this part. "(d) Any disclosure with respect to fuel economy or estimated annual fuel cost which is required to be made under the provisions of this section shall not create an express or implied warranty under State or Federal law that such fuel economy will be achieved, or that such cost will not be exceeded, under conditions of actual use. "(e) In carrying out his duties under this section, the E P A Admin- Consultation. istrator shall consult with the Federal Trade Commission, the Secretary, and the Federal Energy Administrator. " U N L A W F U L CONDUCT

"SEC. 507. The following conduct is unlawful: 15 USC 2007. "(1) the failure of any manufacturer to comply with any average fuel economy standard applicable to such manufacturer under section 502 (other than section 502(b)), "(2) the failure of any manufacturer to comply with any average fuel economy standard applicable to such manufacturer under section 502(b), or "(3) the failure of any person (A) to comply with any provision of this part applicable to such person (other than section 502, 506(a), 510, or 511), or (B) to comply with any standard, rule, or order applicable to such person which is issued pursuant to such a provision. "CIVIL PENALTY

"SEC. 508. (a)(1) If average fuel economy calculations reported 15 USC 2008. under section 503(d) indicate that any manufacturer has violated section 507(1) or (2), then (unless further measurements of fuel economy, further calculations of average fuel economy, or other information indicates there is no violation of section 507(1) or (2)) the Secretary shall commence a proceeding under paragraph (2) of this subsection. The results of such further measurements, further cal- Publication in culations, and any such other information, shall be published in the Federal Register. Federal Register. "(2) If, on the record after opportunity for agency hearing, the Secretary determines that such manufacturer has violated section 507 (1) or (2), or that any person has violated section 507(3), the Secretary shall assess the penalties provided for under subsection (b). Any interested person may participate in any proceeding under this paragraph. "(3)(A)(i) Whenever the average fuel economy of the passenger automobiles manufactured by a manufacturer in a particular model year exceeds an applicable average fuel economy standard established under section 502(a) or (c) (determined without regard to any adjust-

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text:
Page:United States Statutes at Large Volume 89.djvu/972

 89 STAT. 912

PUBLIC LAW 94-163—DEC. 22, 1975 ment under section 502(d)), such manufacturer shall be entitled to a credit, calculated under clause (ii), which shall be— " (I) deducted from the amount of any civil penalty which has been or may be assessed against such manufacturer for a violation of section 507(1) occurring in the model year immediately prior to the model year in which such manufacturer exceeds such applicable average fuel economy standard, and " ( II) to the extent that such credit is not deducted pursuant to subclause (I), deducted from the amount of any ci-vdl penalty assessed against such manufacturer for a violation of section 507(1) occurring in the model year immediately following the model year in which such manufacturer exceeds such applicable average fuel economy standard, "(ii) The amount of credit to which a manufacturer is entitled under clause (i) shall be equal to— " (I) $5 for each tenth of a mile per gallon by which the average fuel economy of the passenger automobiles manufactured by such manufacturer in the model year in which the credit is earned pursuant to clause (i) exceeds the applicable average fuel economy standard established under section 502(a) or (c), multiplied by " (II) the total number of passenger automobiles manufactured by such manufacturer during such model year. "(B)(i) Whenever the average fuel economy of a class of automobiles which are not passenger automobiles and which are manufactured by a manufacturer in a particular model year exceeds an average fuel economy standard applicable to automobiles of such class under section 502(b), such manufacturer shall be entitled to a credit, calculated under clause (ii), which shall be— " (I) deducted from the amount of any civil penalty which has been or may be assessed against such manufacturer for a violation of section 507(2) occurring in the model year immediately prior to the model year in which such manufacturer exceeds such applicable average fuel economy standard, and " ( II) to the extent that such credit is not deducted pursuant to subclause (I), deducted from the amount of any such civil penalty assessed against such manufacturer for a violation of section 507(2) occurring in the model year immediately following the model year in which such manufacturer exceeds such applicable average fuel economy standard. "(ii) The amount of credit to which a manufacturer is entitled under clause (i) shall be equal to— " (I) $5 for each tenth of a mile per gallon by which the average fuel economy of the automobiles of such class manufactured by such manufacturer in the model year in which the credit is earned pursuant to clause (i) exceeds the applicable average fuel economy standard established under section 502(b), multiplied by " ( II) the total number of automobiles of such class manufactured by such manufacturer during such model year. "(C) Whenever a civil penalty has been assessed and collected under this section from a manufacturer who is entitled to a credit under this paragraph with respect to such civil penalty, the Secretary of the Treasury shall refund to such manufacturer the amount of credit to which such manufacturer is so entitled, except that the amount of such refund shall not exceed the amount of the civil penalty so collected

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Page:United States Statutes at Large Volume 89.djvu/973

 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 913

"(D) The Secretary may prescribe rules for purposes of carrying Rules, out the provisions of this paragraph. " (b)(1)(A) Any manufacturer whom the Secretary determines Amounts, under subsection (a) to have violated a provision of section 507(1), shall be liable to the United States for a civil penalty equal to (i) $5 for each tenth of a mile per gallon by which the average fuel economy of the passenger automobiles manufactured by such manufacturer during such model year is exceeded by the applicable average fuel economy standard established under section 502(a) and (c), multiplied by (ii) the total number of passenger automobiles manufactured by such manufacturer during such model year. "(B) Any manufacturer whom the Secretary determines under subsection (a) to have violated section 507(2) shall be liable to the United States for a civil penalty equal to (i) $5 for each tenth of a mile per gallon by which the applicable average fuel economy standard exceeds the average fuel economy of automobiles to which such standard applies, and which are manufactured by such manufacturer during the model year in which the violation occurs, multiplied by (ii) the total number of automobiles to which such standard applies and which are manufactured by such manufacturer during such model year. "(2) Any person whom the Secretary determines under subsection (a) to have violated a provision of section 507(3) shall be liable to the United States for a civil penalty of not more than $10,000 for each violation. Each day of a continuing violation shall constitute a separate violation for purposes of this paragraph. "(3) The amount of such civil penalty shall be assessed by the Modification. Secretary by written notice. The Secretary shall have the discretion to compromise, modify, or remit, with or without conditions, any civil penalty assessed under this subsection against any person, except that any civil penalty assessed for a violation of section 507(1) or (2) may be so compromised, modified, or remitted only to the extent— " (A) necessary to prevent the insolvency or bankruptcy of such manufacturer, "(B) such manufacturer shows that the violation of section 507 (1) or (2) resulted from an act of God, a strike, or a fire, or "(C) the Federal Trade Commission has certified that modification of such penalty is necessary to prevent a substantial lessening of competition, as determined under paragraph (4). The Attorney General shall collect any civil penalty for which a manufacturer is liable under this subsection in a civil action under subsection (c)(2) (unless the manufacturer pays such penalty to the Secretary). "(4) Not later than 30 days after a determination by the Secretary under subsection (a)(2) that a manufacturer has violated section 507 (1) or (2), such manufacturer may apply to the Federal Trade Commission for a certification under this paragraph. If the manufacturer shows and the Federal Trade Commission determines that modification of the civil penalty for which such manufacturer is otherwise liable is necessary to prevent a substantial lessening of competition in that segment of the automobile industry subject to the standard with respect to which such penalty was assessed, the Commission shall so certify. The certification shall specify the maximum amount that such penalty may be reduced. To the maximum extent practicable, the Commission shall render a decision with respect to an application under this paragraph not later than 90 days after the application is filed with the Commission. A proceeding under this paragraph shall not have the effect of

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Page:United States Statutes at Large Volume 89.djvu/974

 89 STAT. 914

PUBLIC LAW 94-163—DEC. 22, 1975

delaying the manufacturer's liability under this section for a civil penalty for more than 90 days after such application is filed, but any payment made before a decision of the Commission under this paragraph becomes final shall be paid to the court in which the penalty is collected, and shall (except as otherwise provided in paragraph (5)), be held by such court, until 90 days after such decision becomes final (at which time it shall be paid into the general fund of the Treasury). " (5) Whenever a civil penalty has been assessed and collected from a manufacturer under this section, and is being held by a court in accordance with paragraph (4), and the Secretary subsequently determines to modify such civil penalty pursuant to paragraph (3)(C) the Secretary shall direct the court to remit the appropriate amount of such penalty to such manufacturer. Subordination of "(6) A claim of the United States for a civil penalty assessed claims. against a manufacturer under subsection (b)(1) shall, in the case of the bankruptcy or insolvency of such manufacturer, be subordinate to any claim of a creditor of such manufacturer which arises from an extension of credit before the date on which the judgment in any collection action under this section becomes final (without regard to paragraph (4)). Review. " (c)(1) Any interested person may obtain review of a determination (A) of the Secretary pursuant to which a civil penalty has been assessed under subsection (b), or (B) of the Federal Trade Commission under subsection (b)(4), in the United States Court of Appeals for the District of Columbia, or for any circuit wherein such person Notice of appeal, resides or has his principal place of business. Such review may be filing. obtained by filing a notice of appeal in such court within 30 days after the date of such determination, and by simultaneously sending a copy of such notice by certified mail to the Secretary or the Federal Trade Commission, as the case may be. The Secretary or the Commission, as the case may be, shall promptly file in such court a certified copy of the record upon which such determination was made. Any such determination shall be reviewed in accordance with chapter 7 of title 5 USC 701 etseq. 5, United States Code. " (2) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court of appeals has entered final judgment in favor of the Secretary, the Attorney General shall recover the amount for which the manufacturer is liable in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. ((EFFECT 15 USC 2009.

ON STATE LAW

"SEC. 509. (a) Whenever an average fuel economy standard established under this part is in effect, no State or political subdivision of a State shall have authority to adopt or enforce any law or regulation relating to fuel economy standards or average fuel economy standards applicable to automobiles covered by such Federal standard. "(b) Whenever any requirement under section 506 is in effect with respect to any automobile, no State or political subdivision of a State shall have authority to adopt or enforce any law or regulation with respect to the disclosure of fuel economy of such automobile, or of fuel cost associated with the operation of such automobile, if such law or regulation is not identical with such requirement. "(c) Nothing in this section shall be construed to prevent any State or political subdivision thereof from establishing requirements with respect to fuel economy of automobiles procured for its own use.

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Page:United States Statutes at Large Volume 89.djvu/975

 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 915

" U S E OF F U E L E F F I C I E N T PASSENGER AUTOMOBILES BY THE FEDERAL GOVERNMENT

"SEC. 510. (a) The President shall, within 120 days after the date Rules, of enactment of this title, promulgate rules which shall require that 15 USC 2010. all passenger automobiles acquired by all executive agencies in each fiscal year which begins after such date of enactment achieve a fleet average fuel economy for such year not less than— " (1^ 18 miles per gallon, or "(2) the average fuel economy standard applicable under section 502(a) for the model year which includes January 1 of such fiscal year, whichever is greater. "(b) As used in this section: Definitions. "(1) The term 'fleet average fuel economy' means (A) the total number of passenger automobiles acquired in a fiscal year to which this section applies by all executive agencies (excluding passenger automobiles designed to perform combat related missions for the Armed Forces or designed to be used in law enforcement work or emergency rescue work), divided by (B) a sum of terms, each term of which is a fraction created by dividing— "(i) the number of passenger automobiles so acquired of a given model type, by " (ii) the fuel economy of such model type. " (2) The term 'executive agency' has the same meaning as such term has for purposes of section 105 of title 5, United States Code. "(3) The term 'acquired' means leased for a period of 60 continuous days or more, or purchased. "RETROFIT DEVICES

"SEC. 511. (a) The Federal Trade Commission shall establish a program for systematically examining fuel economy representations made with respect to retrofit devices. Whenever the Commission has reason to believe that any such representation may be inaccurate, it shall request the E P A Administrator to evaluate, in accordance with subsection (b), the retrofit device with respect to which such representation was made. "(b)(1) Upon application of any manufacturer of a retrofit device (or prototype thereof), upon the request of the Federal Trade Commission pursuant to subsection (a), or upon his own motion, the E P A Administrator shall evaluate, in accordance with rules prescribed under subsection (d), any retrofit device to determine whether the retrofit device increases fuel economy and to determine whether the representations (if any) made with respect to such retrofit device are accurate. " (2) If under paragraph (1) the E P A Administrator tests, or causes to be tested, any retrofit device upon the application of a manufacturer of such device, such manufacturer shall supply, at his own expense, one or more samples of such device to the Administrator and shall be liable for the costs of testing which are incurred by the Administrator. The procedures for testing retrofit devices so supplied may include a requirement for preliminary testing by a qualified independent testing laboratory, at the expense of the manufacturer of such device. "(c) The E P A Administrator shall publish in the Federal Register a summary of the results of all tests conducted under this section. together with the E P A Administrator's conclusions as to—

Examination program. 15 USC 2011.

Publication in Federal Register,

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Page:United States Statutes at Large Volume 89.djvu/976

 89 STAT. 916

"Retrofit device."

PUBLIC LAW 94-163—DEC. 22, 1975 " (1) the effect of any retrofit device on fuel economy; " (2) the effect of any such device on emissions of air pollutants; and "(3) any other information which the Administrator determines to be relevant in evaluating such device. Such summary and conclusions shall also be submitted to the Secretary and the Federal Trade Commission. "(d) Within 180 days after the date of enactment of this title, the E P A Administrator shall, by rule, establish— "(1) testing and other procedures for evaluating the extent to which retrofit devices affect fuel economy and emissions of air pollutants, and " (2) criteria for evaluating the accuracy of fuel economy representations made with respect to retrofit devices. "(e) For purposes of this section the term 'retrofit device' means any component, equipment, or other device— "(1) which is designed to be installed in or on an automobile (as an addition to, as a replacement for, or through alteration or modification of, any original component, equipment, or other device); and "(2) which any manufacturer, dealer, or distributor of such device represents will provide higher fuel economy than would have resulted with the automobile as originally equipped, as determined under rules of the Administrator. Such term also includes a fuel additive for use in an automobile. <REPORTS (

15 USC 2012.

"Electric vehicle."

TO CONGRESS

"SEC. 512. (a) Within 180 days after the date of enactment of this title, the Secretary shall prepare and submit to the Congress and the President a comprehensive report setting forth findings and containing conclusions and recommendations with respect to (1) a requirement that each new automobile be equipped with a fuel flow instrument reading directly in miles per gallon, and (2) the most feasible means of equipping used automobiles with such instruments. Such report shall include an examination of the effectiveness of such instruments in promoting voluntary reductions in fuel consumption, the cost of such instruments, means of encouraging automobile purchasers to voluntarily purchase automobiles equipped with such instruments, and any other factor bearing on the cost and effectiveness of such instruments and their use. "(b)(1) Within 180 days after the date of enactment of this title, the Secretary shall prepare and submit to the Congress and the President a comprehensive report setting forth findings and containing conclusions and recommendations with respect to whether or not electric vehicles and other vehicles not consuming fuel (as defined in the first sentence of section 501(5)) should be covered by this part. Such report shall include an examination of the extent to which any such tehicle should be included under the provisions of this part, the manner in which energy requirements of such vehicles may be compared with energy requirements of fuel-consuming vehicles, the extent to which inclusion of such vehicles would stimulate their production and introduction into commerce, and any recommendations for legislative action. "(2) As used in this subsection, the term 'electric vehicle' means a vehicle powered primarily by an electric motor drawing current from rechargeable batteries, fuel cells, or other portable sources of electrical current.".

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Page:United States Statutes at Large Volume 89.djvu/977

 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 917

PART B—ENERGY CONSERVATION PROGRAM TOR CONSUMER PRODUCTS OTHER THAN AUTOMOBHES DEFINITIONS

SEC. 321. (a) For purposes of this part: (1) The term "consumer product"' means any article (other than an automobile, as defined in section 501(1) of the Motor Vehicle Information and Cost Savings Act) of a type— (A) which in operation consumes, or is designed to consume, energy; and (B) which, to any significant extent, is distributed in commerce for personal use or consumption by individuals; without regard to whether such article of such type is in fact distributed in commerce for personal use or consumption by an individual. (2) The term "covered product" means a consumer product of a type specified in section 322. (3) The term "energy" means electricity, or fossil fuels. The Administrator may, by rule, include other fuels within the meaning of the term "energy" if he determines that such inclusion is necessary or appropriate to carry out the purposes of this Act. (4) The term "energy use" means the quantity of energy directly consumed by a consumer product at point of use, determined in accordance with test procedures under section 323. (5) The term "energy efficiency" means the ratio of the useful output of services from a consumer product to the energy use of such product, determined in accordance with test procedures under section 323. (6) The term "energy efficiency standard" means a performance standard— (A) which prescribes a minimum level of energy efficiency for a covered product, determined in accordance with test procedures prescribed under section 323, and (B) which includes any other requirements which the Administrator may prescribe under section 325(c). (7) The term "estimated annual operating cost" means the aggregate retail cost of the energy which is likely to be consumed annually in representative use of a consumer product, determined in accordance with section 323. (8) The term "measure of energy consumption" means energy use, energy efficiency, estimated annual operating cost, or other measure of energy consumption. (9) The term "class of covered products" means a group of covered products, the functions or intended uses of which are similar (as determined by the Administrator). (10) The term "manufacture" means to manufacture, produce, assemble or import. (11) The terms "import" and "importation" mean to import into the customs territory of the United States. (12) The term "manufacturer" means any person who manufactures a consumer product. (13) The term "retailer" means a person to whom a consumer product is delivered or sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers who buy such product for purposes other than resale.

42 USC 6291. j^te, p. 901.

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 89 STAT. 918

PUBLIC LAW 94-163—DEC. 22, 1975 (14) The term "distributor" means a person (other than a manufacturer or retailer) to whom a consumer product is delivered or sold for purposes of distribution in commerce. (15)(A) The term "private labeler" means an owner of a brand or trademark on the label of a consumer product which bears a private label. (B) A consumer product bears a private label if (i) such product (or its container) is labeled with the brand or trademark of a person other than a manufacturer of such product, (ii) the person with whose brand or trademark such product (or container) is labeled Las authorized or caused such product to be so labeled, and (iii) the brand or trademark of a manufacturer of such product does not appear on such label. (16) The terms "to distribute in commerce" and "distribution in commerce" mean to sell in commerce, to import, to introduce or deliver for introduction into commerce, or to hold for sale or distribution after introduction into commerce. (17) The term "commerce" means trade, traffic, commerce, or transportation— (A) between a place in a State and any place outside thereof, or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A). (18) The term "Commission" means the Federal Trade Commission. COVERAGE

42 USC 6292.

Definitions.

SEC. 322. (a) A consumer product is a covered product if it is one of the following types (or is designed to perform a function which is the principal function of any of the following types): (1) Refrigerators and refrigerator-freezers. (2) Freezers. (3) Dishwashers. (4) Clothes dryers. (5) Water heaters. (6) Room air conditioners. (7) Home heating equipment, not including furnaces. (8) Television sets. (9) Kitchen ranges and ovens. (10) Clothes washers. (11) Humidifiers and dehumidifiers. (12) Central aid conditioners. (13^ Furnaces. (14) Any other type of consumer product which the Administrator classifies as a covered product under subsection (b). (b)(1) The Administrator may classify a type of consumer product as a covered product if he determines that— (A) classifying products of such type as covered products is necessary or appropriate to carry out the purposes of this Act, and (B) average annual per-household energy use by products of such type is likely to exceed 100 kilowatt-hours (or its Btu equivalent) per year. (2) For purposes of this subsection: (A) The term "average annual per-household energy use with respect to a type of product means the estimated aggregate annual energy use (in kilowatt-hours or the Btu equivalent) of consumer

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89 STAT. 919

products of such type which are used by households in the United States, divided by the number of such households which use products of such type. (B) The Btu equivalent of one kilowatt-hour is 3,412 British thermal units. (C) The term "household" shall be defined under rules of the Administrator. TEST

PROCEDURES

SEC. 323. (a)(1) The Administrator shall, during the 30-day period 42 USC 6293. which begins on the date of enactment of this Act, afford interested persons an opportunity to present written data, views, and arguments with respect to test procedures to be developed for covered products of each of the types specified in paragraphs (1) through (13) of section 322(a). (2) The Administrator shall direct the National Bureau of Standards to develop test procedures for the determination of (A) estimated annual operating costs of covered products of the types specified in paragraphs (1) through (13) of section 322(a), and (B) at least one other useful measure of energy consumption of such products which the Administrator determines is likely to assist consumers in making purchasing decisions. (3) Except as provided in paragraph (6), the Administrator shall Publication, publish proposed test procedures with respect to all covered products of each of the types specified in paragraphs (1) through (13) of section 322(a), and shall afford interested persons an opportunity to present oral and written data, views, and arguments with respect to such proposed test procedures. Such comment period shall not be less than 45 days. Such proposed test procedures shall be published not later than June 30, 1976, except that (A) in the case of covered products of the types specified in paragraphs (7) and (9) of section 322(a), such proposed test procedures shall be published not later than September 30, 1976, and (B) in the case of covered products of the types specified in paragraphs (10) and (13) of section 322(a), such proposed test procedures shall be published not later than June 30, 1977. (4)(A) Except as provided in paragraph (6), the Administrator shall prescribe test procedures for the determination of (i) estimated annual operating costs of all covered products of each of the types specified in paragraphs (1) through (13) of section 322(a), and (ii) at least one other measure of energy consumption of such products which the Administrator determines is likely to assist consumers in making purchasing decisions. (B) Such test procedures shall be prescribed not later than September 30, 1976, except that (i) in the case of covered products of the types specified in paragraphs (7) and (9) of section 322(a), such procedures shall be prescribed not later than December 31, 1976, and (ii) in the case of covered products of the types specified in paragraphs (10) through (13) of section 322(a), such test procedures shall be published not later than September 30, 1977. (5) If the Administrator has classified a type of product as a covered product under section 322(b), the Administrator may, after affording interested persons an opportunity to comment, direct the National Bureau of Standards to develop, and may publish proposed test procedures for such type of covered product (or class thereof).

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 89 STAT. 920

PUBLIC LAW 94-163—DEC. 22, 1975

The Administrator shall afford interested persons an opportunity to present oral and written data, views, and arguments with respect to such proposed test procedures. Such comment period shall not be less than 45 days. The Administrator may thereafter prescribe test procedures in accordance with subsection (b) of this section with respect to such type or class of product, if the Administrator or the Commission determines that— (A) the application of subsection (C) to such type of covered product (or class thereof) will assist consumers in making purchasing decisions, or (B) labeling in accordance with section 324 will assist purchasers in making purchasing decisions. Publication in (6) The Administrator may delay the publication of proposed test Federal Register, procedures or the prescription of test procedures for a type of covered product (or class thereof) beyond the dates specified in paragraph (3), or (4), if he determines that he cannot, within the applicable time period, publish proposed test procedures or prescribe test procedures applicable to such type (or class thereof) which meet the requirements of subsection (b), and publishes such determination in the Publication in Federal Register. In any such case, he shall publish proposed test Federal Register, procedures or prescribe test procedures for covered products of such type (or class thereof) as soon as practicable, unless he determines 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. (b)(1) Any test procedures prescribed under this section shall be reasonably designed to produce test results which reflect energy efficiency, energy use, or estimated annual operating cost of a covered product during a representative average use cycle (as determined by the Administrator), and shall not be unduly burdensome to conduct. (2) 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 Administrator), and from representative average unit costs of the energy needed to operate such product during such cycle. The Administrator shall provide information to manufacturers respecting representative average unit costs of energy. (c) Effective 90 days after a test procedure rule applicable to a covered product is prescribed under this section, no manufacturer, distributor, retailer, or private labeler may make any representation— (1) in writing (including a representation on a label), or (2) in any broadcast advertisement, respecting the energy consumption of such product or cost of energy consumed by such product, unless such product has been tested in accordance with such test procedure and such representation fairly discloses the results of such testing. LABELING

Rules. 42 USC 6294.

SEC. 324. (a)(1) The Commission shall prescribe labeling rules under this section applicable to all covered products of each of the types specified in paragraphs (1) through (9) of section 322(a), except to the extent that, with respect to any such type (or class thereof) —

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 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 921

(A) the Administrator determines under the second sentence of section 323(a)(6) that test procedures cannot be developed which meet the requirements of section 323(b); or (B) the Commission determines under the second sentence of subsection (b)(5) that labeling in accordance with this section is not technologically or economically feasible. (2) The Commission shall prescribe labeling rules under this section applicable to all covered products of each of the types specified in paragraphs (10) through (13) of section 322(a), except to the extent that with respect to any such type (or class thereof) — (A) the Administrator determines under the second sentence of section 323(a)(6) that test procedures cannot be developed which meet the requirements of section 323(b); or (B) the Commission determines under the second sentence of subsection (b)(5) that labeling in accordance with this section is not technologically or economically feasible or is not likely to assist consumers in making purchasing decisions. (3) The Commission may prescribe a labeling rule under this section applicable to covered products of a type specified in paragraph (14) of section 322(a) (or a class thereof) if— (A) the Commission or the Administrator has made a determination with respect to such type (or a class thereof) under section 323(a)(5)(B), (B) the Administrator has prescribed test procedures under section 323(a)(5) for such type (or class thereof), and (C) the Commission determines with respect to such type (or class thereof) that application of labeling rules under this section to such type (or class thereof) is economically and technologically feasible. (4) Any determination under this subsection shall be published in Publication in the Federal Eegister. Federal Register. (b)(1) Not later than 30 days after the date on which a proposed test procedure applicable to a covered product of any of the types specified in paragraphs (1) through (14) of section 322(a) (or class thereof) is published under section 323(a), the Commission shall publish a proposed labeling rule applicable to such type (or class thereof). (2) The Commission shall afford interested persons an opportunity to present written or oral data, views, and comments with respect to the proposed labeling rules published under paragraph (1). The period for such presentations shall not be less than 45 days. (3) Not earlier than 45 days nor later than 60 days after the date on which test procedures are prescribed under section 323 with respect to covered products of any type (or class thereof) specified in paragraphs (1) through (13) of section 322(a), the Commission shall prescribe labeling rules with respect to covered products of such t3^pe (or class thereof). Not earlier than 45 days after the date on which test procedures are prescribed under section 323 with respect to covered products of a type specified in paragraph (14) of section 322(a), the Commission may prescribe labeling rules with respect to covered products of such type (or class thereof). (4) A labeling rule prescribed under paragraph (3) shall take effect not later than 3 months after the date of prescription of such rule, except that such rules may take effect not later than 6 months after such date of prescription if the Commission determines that such

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Page:United States Statutes at Large Volume 89.djvu/982

 89 STAT. 922

PUBLIC LAW 94-163—DEC. 22, 1975

extension is necessary to allow persons subject to such rules adequate time to come into compliance with such rules. Publication in (5) The Commission may delay the publication of a proposed labelFederal Register, ing rule, or the prescription of a labeling rule, beyond the dates specified in paragraph (1) or (3), if it determines that it cannot publish proposed labeling rules or prescribe labeling rules which meet the requirements of this section on or prior to the date specified in the applicable paragraph and publishes such determination in the Federal Register, together with the reasons therefor. In any such case, it shall publish proposed labeling rules or prescribe labeling rules for covered products of such type (or class thereof) as soon as practicable unless it determines (A) that labeling in accordance with this section is not economically or technically feasible, or (B) in the case of a type specified in paragraphs (10) through (13) of section 322(a), that labeling in accordance with this section is not likely to assist conPublication in sumers in purchasing decisions. Any such determination shall be Federal Register, published in the Federal Register, together with the reasons therefor. This paragraph shall not apply to the prescription of a labeling rule with respect to covered products of a type specified in paragraph (14) of section 322(a). (c)(1) Subject to paragraph (6), a rule prescribed under this section shall require that each covered product in the type or class of covered products to which the rule applies bear a label which discloses— (A) the estimated annual operating cost of such product (determined in accordance with test procedures prescribed under section 323), except that if— (i) the Administrator determines that disclosure of estimated amiual operating cost is not technologically feasible, or (ii) the Commission determines that such disclosure is not likely to assist consumers in making purchasing decisions or is not economically feasible, the Commission shall rec^uire disclosure of a different useful measure of energy consumption (determined in accordance with test procedures prescribed under section 323); and (B) information respecting the range of estimated annual operating costs for covered products to which the rule applies; except that if the Commission requires disclosure under subparagraph (A) of a measure of energy consumption different from estimated annual operating cost, then the label shall disclose the range of such measure of energy consumption of covered products to which such rule applies. (2) A rule under this section shall include the following: (A) A description of the type or class of covered products to which such rule applies. (B) Subject to paragraph (6), information respecting the range of estimated annual operating costs or other useful measure of energy consumption (determined in such manner as the rule may prescribe) for such type or class of covered products. (C) A description of the test procedures under section 323 used in determining the estimated annual operating costs or other measure of energy consumption of the type or class of covered products.

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Page:United States Statutes at Large Volume 89.djvu/983

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89 STAT. 923

(D) A prototype label and directions for displaying such label. (3) A rule under this section shall require that the label be displayed in a manner that the Commission determines is likely to assist consumers in making purchasing decisions and is appropriate to carry out this part. The Commission may permit a tag to be used in lieu of a label in any case in which the Commission finds that a tag will carry out the purposes for which the label was intended. (4) A rule under this section applicable to a covered product may require disclosure, in any printed matter displayed or distributed at the point of sale of such product, of any information which may be required under this section to be disclosed on the label of such product. Requirements under this paragraph shall not apply to any broadcast advertisement or any advertisement in any newspaper, magazine, or other periodical. (5) The Commission may require that a manufacturer of a covered product to which a rule under this section applies— (A) include on the label, (B) separately attach to the product, or (C) ship with the product, additional information relating to energy consumption, if the Commission determines that such additional information would assist consumers in making purchasing decisions or in using such product, and that such requirement would not be unduly burdensome to manufacturers. (6) The Commission may delay the effective date of the requirement specified in paragraph (1)(B) of this subsection applicable to a type or class of covered product, insofar as it requires the disclosure on the label of information respecting range of a measure of energy consumption, for not more than 12 months after the date on which the rule under this section is first applicable to such type or class, if the Commission determines that such information will not be available within an adequate period of time before such date. (d) A rule under this section (or an amendment thereto) shall not apply to any covered product the manufacture of which was completed prior to the effective date of such rule or amendment, as the case may be. (e) The Administrator, in consultation with the Commission, shall study consumer products for which labeling rules under this section have not been proposed, in order to determine (1) the aggregate energy consumption of such products, and (2) whether the imposition of labeling requirements under this section would be feasible and useful to consumers in making purchasing decisions. The Administrator shall include the results of such study in the annual report under section 338. (f) The Administrator and the Commission shall consult with each Consultetiion. other on a continuing basis as may be necessary or appropriate to carry out their respective responsibilities under this part. Before the Commission makes any determination under subsection (a)(1) or (2), it shall obtain the views of the Administrator and shall take such views into account in making such determination. (g) Until such time as labeling rules under this section take effect with respect to a type or class of covered product, this section shall not affect any authority of the Commission under the Federal Trade Commission Act to require labeling with respect to energy consumption of such type or class of covered product. ENERGY EFFICIENCY

STANDARDS

SEC. 325. (a)(1)(A) Not later than 180 days after the date of 42 USC 6295. enactment of this Act, the Administrator shall, by rule, prescribe an

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 89 STAT. 924

Reports.

PUBLIC LAW 94-163—DEC. 22, 1975 energy efficiency improvement target for each type of covered product specified in paragraphs (1) through (10) of section 322(a). (B) The targets prescribed under subparagraph (A) shall be designed so that, if met, the aggregate energy efficiency of covered products of all types specified in paragraphs (1) through (10) of section 322(a) which are manufactured in calendar year 1980 will exceed the aggregate energy efficiency achieved by products of all such types manufactured in calendar year 1972 by a percentage which is the maximum percentage improvement which the Administrator determines is economically and technologically feasible, but which in any case is not less than 20 percent. (2) Not later than one year after the date of enactment of this Act, the Administrator shall, by rule, prescribe an energy efficiency improvement target for each type of covered products specified in paragraphs (11), (12), and (13) of section 322(a). Each such target shall be d e s i r e d to achieve the maximum improvement in energy efficiency which the Administrator determines is economically and technologically feasible to attain for each such type manufactured in calendar year 1980. (3) The Administrator may, from time to time, by rule, modify any energy efficiency improvement target prescribed under paragraph (1) or (2) so long as such target, as modified, meets the applicable requirements of paragraph (1) or (2). (4)(A) The Administrator shall require each manufacturer of covered products of the types specified in paragraphs (1) through (13) of section 332(a) to submit such reports, with respect to improvement of energy efficiency of such products, as the Administrator determines may be necessary to establish targets under this subsection or to ascertain whether covered products of any such type will achieve the percentage improvement prescribed by the energy efficiency improvement target for such type. (B) If, on the basis of the reports received under subparagraph (A) or other information available to the Administrator, he determines that an energy efficiency improvement target applicable to any type of covered product specified in paragraphs (1) through (13) of section 322(a) is not likely to be achieved, the Administrator shall commence a proceeding under subsection (b) to prescribe an energy efficiency standard for such type. (C) If, in a proceeding required to be commenced under subparagraph (B), the Administrator determines with respect to the type of product to which the proceeding relates (or class thereof)— (i) improvement of energy efficiency of covered products of such type (or class thereof) is technologically feasible and economically justified, and (ii) the application of a labeling rule under section 324 applicable to such type (or class thereo.f) is not likely to be sufficient to induce manufacturers to produce, and consumers and other persons to purchase, covered products of such type (or class thereof) which achieve the maximum energy efficiency which it is technologically feasible to attain, and which is economically justified, the Administrator shall prescribe an energy efficiency standard for such type (or, if the determinations are made with respect to one or more classes of such type, for such class or classes). (D) For purposes of subparagraph (B), improvement of energy efficiency is economically justified if it is economically feasible the

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89 STAT. 925

benefits of reduced energy consumption, and the savings in operating costs throughout the estimated average life of the covered product, outweigh— (i) any increase to purchasers in initial charges for, or maintenance expenses of, the covered product which is likely to result from the imposition of the standard, (ii) any lessening of the utility or the performance of the covered product, and (iii) any negative effects on competition. (E) For purposes of subparagraph (D)(iii), the Administrator shall not determine that there are any negative effects on competition, unless the Attorney General (on request of the Administrator, the Commission, or any person, or on his own motion^ makes such determination and submits it in writing to the Administrator, together with his analysis of the nature and extent of such negative effects. The determination of the Attorney General shall be available for public inspection. (5) The Administrator may (without regard to paragraphs (1) through (4)(B)) commence a proceeding to prescribe an energy efficiency standard applicable to any type or class of covered product (other than a consumer product classified as a covered product under section 322(b)). In such proceeding he may prescribe such a standard if he makes the determinations specified in clauses (i) and (ii) of paragraph (4)(C) of this subsection. (b) Any energy efficiency standard shall be prescribed in accord- Publication in ance with the following procedure: Federal Register. (1) The Administrator shall (A) publish an advance notice of proposed rulemaking which specifies (i) the type or class of covered products to which the rule will apply, and (ii) the energy efficiency level which the Administrator proposes to require by such energy efficiency standard, and (B) invite interested persons to submit, within 90 days after the date of publication of such advance notice— (i) written or oral presentations of data, views, and argument as to the proposed level of energy efficiency, and (ii) a proposed energy efficiency standard applicable to such type or class of covered product. (2) A proposed rule which prescribes an energy efficiency standard for a type or class of covered products may not be prescribed earlier than 120 days after the date of publication of advance notice of proposed rulemaking for such type or class. (3) A rule prescribing an energy efficiency standard for a class or type of covered product may not be published earlier than 60 days after the date of publication of the proposed rule under this section for such type or class. Such rule shall take effect not earlier than 180 days after the date of its publication in the Federal Register, Such rule (or any amendment thereto) shall not apply to any covered product the manufacture of which was completed prior to the effective date of the rule or amendment as the case may be. (c) An energy efficiency standard prescribed under this section shall include test procedures prescribed in accordance with section 323, and may include any requirement which the Administrator determines is necessary to assure that each covered product to which such standard applies meets the required minimum level of energy efficiency specified in such standard. (d) A rule with respect to any type or class of covered product prescribed under this section may not take effect unless a rule under section 324 with respect to such type or class of covered product has

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Page:United States Statutes at Large Volume 89.djvu/986

 89 STAT. 926

PUBLIC LAW 94-163—DEC. 22, 1975 been in eifect at least 18 months prior to the effective date of the rule under this section. REQUIREMENTS OF MANUFACTURERS

42 USC 6296.

SEC. 326. (a) Each manufacturer of a covered product to which a rule under section 324 applies shall provide a label which meets, and is displayed in accordance with, the requirements of such rule. If such manufacturer or any distributor, retailer, or private labeler of such product advertises such product in a catalog from which it may be purchased, such catalog shall contain all information required to be displayed on the label, except as otherwise provided by rule of the Commission. The preceding sentence shall not require that a catalog contain information respecting a covered product if the distribution of such catalog commenced before the effective date of the labeling rule under section 324 applicable to such product. (b)(1) Each manufacturer of a covered product to which a rule under section 324 applies shall notify the Commission, not later than 60 days after the date such rule takes effect, of the models in current production (and starting serial numbers of those models) to which such rule applies. (2) If requested by the Administrator or Commission, the manufacturer of a covered product to which a rule under section 324 applies shall provide, within 30 days of the date of the request, the data from which the information included on the label and required by the rule was derived. Data shall be kept on file by the manufacturer for a period specified in the rule. (3) When requested by the Commission, the manufacturer of covered products to which a rule under section 324 applies shall supply at his expense a reasonable number of such covered products to any laboratory designated by the Commission for the purpose of ascertaining whether the information set out on the label, as required under section 324, is accurate. Any reasonable charge levied by the laboratory for such testing shall be borne by the United States. (4) Each manufacturer of a covered product to which a rule under section 324 applies shall annually, at a time specified by the Commission, supply to the Commission relevant data respecting energy consumption developed in accordance with the test procedures applicable to such product under section 323. (5) A rule under section 323, 324, or 325 may require the manufacturer or his agent to permit a representative designated by the Commission or the Administrator to observe any testing required by this part and inspect the results of such testing. (c) Each manufacturer shall use labels reflecting the range data required to be disclosed under section 324(c)(1)(B) after the expiration of 60 days following the date of publication of any revised table of ranges unless the rule under section 324 provides for a later date. The Commission may not require labels be changed to reflect revised tables of ranges more often than annually. EFFECT ON OTHER LAW

42 USC 6297.

SEC. 327. (a) This part supersedes any State regulation insofar as such State regulation may now or hereafter provide for— (1) the disclosure of information with respect to any measure of energy consumption of any covered product— (A) if there is any rule under section 323 applicable to such covered product, and such State regulation requires test-

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89 STAT. 927

ing in any manner other than that prescribed in such rule under section 323, or (B) if there is a rule under section 324 applicable to such covered product and such State regulation requires disclosure of information other than information disclosed in accordance with such rule under section 324; or (2) any energy efficiency standard or similar requirement with respect to energy efficiency or energy use of a covered product— (A) if there is a standard under section 325 applicable to such product, and such State regulation is not identical to such standard, or (B) if there is a rule under section 323 or 324 applicable to such product and such State regulation requires testing in accordance with test procedures which are not identical to the test procedures specified in such rule. (b) (IJ If a State regulation provides for an energy efficiency stand- Petition, ard or similar requirement respecting energy use or energy efficiency of a covered product and if such State regulation is not superseded by subsection (a)(2), then any person subject to such State regulation may petition the Administrator for the prescription of a rule under this subsection which supersedes such State regulation in whole or in part. The Administrator shall, within 6 months after the date such a petition is filed, either deny such petition or prescribe a rule under this subsection superseding such State regulation. The Administrator shall issue such a rule with respect to a State regulation if and only if the petitioner demonstrates to the satisfaction of the Administrator that— (A) there is no significant State or local interest sufficient to justify such State regulation; and (B) such State regulation unduly burdens interstate commerce. (2) Notwithstanding the provisions of subsection (a), any State regulation which provides for an energy efficiency standard or similar requirement respecting energy use or energy efficiency of a covered product shall not be superseded by subsection (a) if the State prescribing such standard demonstrates and the Administrator finds, by rule, that— (A) there is a substantial State or local need which is sufficient to justify such State regulation; (B) such State regulation does not unduly burden interstate commerce; and (C) if there is a Federal energy efficiency standard applicable to such product, such State regulation contains a more stringent energy efficiency standard than the corresponding Federal standard. (c) Notwithstanding the provisions of subsection (a), any State regulation which sets forth procurement standards for a State (or political subdivision thereof) shall not be superseded by the provisions of this part if such State standards are more stringent than the corresponding Federal standards. (d) For purposes of this section, the term "State regulation" means "State regulation." a law or regulation of a State or political subdivision thereof. (e) Any disclosure with respect to energy use, energy efficiency, or estimated annual operating cost, which is required to be made under the provisions of this part, shall not create an express or implied Avarranty under State or Federal law that such energy efficiency will be achieved, or that such energy use or estimated annual operating cost will not be exceeded, under conditions of actual use.

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122 Loustaunau was richly rewarded, and given a princess to wife, by whom he had several children. In a battle fought against the Maharattas he lost his left hand, and had it replaced by one of silver.

A quarter of a century had elapsed since he left the Pyrenees; he had amassed a fortune, and a longing came over him to revisit his native valley. Accordingly he returned to France and invested his money in factories, and in chateaux that he purchased within Béarn and in Bigorre. But disaster came. His factories were burnt by the Spaniards, and his fortune melted away. He meditated a return to India, and started for the East. But unhappily he made the acquaintance of Lady Hester Stanhope, who gained complete possession of his mind. Forgetting the needs of his family, and the object of his journey, he stayed with her at the foot of Lebanon, where he led the life of a prophet and illuminé. Lamartine met him there, and there he died. He had left his children at Tarbes. Three of his daughters were alive in 1860, living in poverty, maintaining themselves by needlework, and looking back sadly on their early days as a dream out of the Arabian Nights. The village of Osse, planted between strangely shaped hills of ophite, facing the south, is the last refuge of Protestantism in the valley. The population is 560, the majority of whom are Calvinists, and they maintain a pastor and have a "Temple." Urdos, the Forum Ligneum of the Ancients, is the last town in France, The fortress commanding the pass is hewn in the natural rock, in a buttress of the mountains rising in stages from the road to the height of 500 feet. Externally the mountain gives little token of what it is, honeycombed with galleries, batteries, stairs. A façade of masonry

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Page:United States Statutes at Large Volume 89.djvu/988

 89 STAT. 928

PUBLIC LAW 94-163—DEC. 22, 1975 RUIiES

42 USC 6298.

SEC. 328. The Commission and the Administrator may each issue such rules as each deems necessary to carry out the provisions of this part. AtJTHOBITY TO OBTAIN INFORMATION

Subpenas. 42 USC 6299. Witness fees.

15 USC 796. Post, p. 956.

SEC. 329. (a) For purposes of carrying out this part, the Commission and the Administrator may each sign and issue subpenas for the attendance and testimony of witnesses and the production of relevant books, records, papers, and other documents, and may each administer oaths. Witnesses summoned under the provisions of this section shall be paid the same fees and mileage as are paid to witnesses in the courts of the United States. In case of contumacy by, or refusal to obey a subpena served, upon any persons subject to this part, the Commission and the Administrator may each seek an order from the district court of the United States for any district in which such person is found or resides or transacts business requiring such person to appear and give testimony, or to appear and produce documents. Failure to obey any sach order is punishable by such court as a contempt thereof. (b) Any information submitted by any person to the Administrator or the Commission under this part shall not be considered energy information as defined by section 11(e)(1) of the Energy Supply and Environmental Coordination Act of 1974 for purposes of any verification examination authorized to be conducted by the Comptroller General under section 501 of this Act. EXPORTS

42 USC 6300.

SEC. 330, This part shall not apply to any covered product if (1) such covered product is manufactured, sold, or held for sale for export from the United States (or such product was imported for export), unless such product is in fact distributed in commerce for use in the United States, and (2) such covered product when distributed in commerce, or any container in which it is enclosed when so distributed, bears a stamp or label stating that such covered product is intended for export. IMPORTS

42 USC 6301.

Rules.

SEC. 331. Any covered product offered for importation in violation of section 332 shall be refused admission into the customs territory of the United States under rules issued by the Secretary of the Treasury, except that the Secretary of the Treasury may, by such rules, authorize the importation of such covered product upon such terms and conditions (including the furnishing of a bond) as may appear to him appropriate to ensure that such covered product will not violate section 332, or will be exported or abandoned to the United States. The Secretary of the Treasury shall prescribe rules under this section not later than 180 days after the date of enactment of this Act. PROHIBITED ACT S

42 USC 6302.

SEC. 332. (a) I t shall be unlawful— (1) for any manufacturer or private labeler to distribute in commerce any new covered product to which a rule under section 324 applies, unless such covered product is labeled in accordance with such rule; (2) for any manufacturer, distributor, retailer, or private labeler to remove from any new covered product or render illegible

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any label required to be provided with such product under a rule under section 324; (3) for any manufacturer to fail to permit access to, or copying of, records required to be supplied under this part, or fail to make reports or provide other information required to be supplied under this part; (4) for any person to fail to comply with an applicable requirement of section 326(a), (b)(2), (b)(3), or (b)(5); or (5) for any manufacturer or private labeler to distribute in commerce any new covered product which is not in conformity with an applicable energy efficiency standard prescribed under this part. (b) For purposes of this section, the term "new covered product" "New covered means a covered product the title of which has not passed to a pur- product." chaser who buys such product for purposes other than (1) reselling such product, or (2) leasing such product for a period in excess of one year. ENFORCEMENT

SEC. 333. (a) Except as provided in subsection (b), any person who knowingly violates any provision of section 332 shall be subject to a civil penalty of not more than $100 for each violation. Such penalties shall be assessed by the Commission, except that penalties for violations of section 332(a)(3) which relate to requirements prescribed by the Administrator, violations of section 332(a) (4') which relate to requests of the Administrator under section 326(b)(2), or violations of section 332(a)(5) shall be assessed by the Administrator. Civil penalties assessed under this part may be compromised by the agency or officer authorized to assess the penalty, taking into account the nature and degree of the violation and the impact of the penalty upon a particular respondent. Each violation of paragraph (1), (2), or (5) of section 332(a) shall constitute a separate violation with respect to each covered product, and each day of violation of section 332(a)(3) or (4) shall constitute a separate violation. (b) As used in subsection (a), the term "knowingly" means (1) the having of actual knowledge, or (2) the presumed having of knowledge deemed to be possessed by a reasonable man who acts in the circumstances, including knowledge obtainable upon the exercise of due care. (c) It shall be an unfair or deceptive act or practice in or affecting commerce (within the meaning of section 5(a)(1) of the Federal Trade Commission Act) for any person to violate section 323(d)(2). INJUNCTIVE

Penalties, 42 USC 6303.

"Knowingly."

15 USC 45.

ENFORCEMENT

SEC. 334. The United States district courts shall have jurisdiction to restrain (1) any violation of section 332 and (2) any person from distributing in commerce any covered product which does not comply with an applicable rule under section 324 or 325. Any such action shall be brought by the Commission, except that any such action to restrain any violation of section 332(a)(3) which relates to requirements prescribed by the Administrator, any violation of section 332(a)(4) which relates to requests of the Administrator under section 326(b) (2), or any violation of section 332(a)(5) shall be brought by the Administrator. Any such action may be brought in any United States district court for a district wherein any act, omission, or transaction constituting the violation occurred, or in such court for the district wherein the defendant is found or transacts business. In any action

Jurisdiction.

42 USC 6304.

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PUBLIC LAW 94-163—DEC. 22, 1975 under this section, process may be served on a defendant in any other district in which the defendant resides or may be found. CITIZEN SUITS

42 USC 6305.

Jurisdiction.

Intervention. Costs.

SEC. 335. (a) Except as otherwise provided in subsection (b), any person may commence a civil action against— (1) any manufacturer or private labeler who is alleged to be in violation of any provision of this part or any rule under this part (excluding sections 325 and 332(a)(5), and rules thereunder); or (2) any Federal agency which has a responsibility under this part where there is an alleged failure of such agency to perform any act or duty under this part which is not discretionary (excluding any act or duty under section 325 or 332(a)(5)). The United States district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such provision or rule, as the case may be. (b) No action may be commenced— (1) under subsection (a)(1) — (A) prior to 60 days after the date on which the plaintiff has given notice of the violation (i) to the Administrator, (ii) to the Commission, and (iii) to any alleged violator of such provision or rule, or (B) if the Commission has commenced and is diligently prosecuting a civil action to require compliance with such provision or rule, but, in any such action, any person may intervene as a matter of right. (2) under subsection (a)(2) prior to 60 days after the date on which the plaintiff has given notice of such action to the Administrator and Commission. Notice under this subsection shall be given in such manner as the Commission shall prescribe by rule. (c) In such action under this section, the Administrator or the Commission (or both), if not a party, may intervene as a matter of right. (d) The court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. (e) Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of this part or any rule thereunder, or to seek any other relief (including relief against the Administrator or the Commission). (f) For purposes of this section, if a manufacturer or private labeler complied in good faith with a rule under this part, then he shall not be deemed to have violated any provision of this part by reason of the alleged invalidity of such rule. ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW

42 USC 6306.

SEC. 336. (a)(1) Rules under sections 323, 324, 325(a)(1), (2), or (3), 327(b), or 328 shall be prescribed in accordance with section 553 of title 5, United States Code, except that— (A) interested persons shall be afforded an opportunity to present written and oral data, views, and arguments with respect to any proposed rule, and

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 PUBLIC LAW 94-163—DEC. 22.1975 (B) in the case of a rule under paragraph (1), (2), or (3) of section 325(a), the Administrator shall, by means of conferences or other informal procedures, afford any interested person an opportunity to question— (i) other interested persons who have made oral presentations under subparagraph (A), and (ii) employees of the United States who have made written or oral presentations, with respect to disputed issues of material fact. Such opportunity shall be afforded to the extent the Administrator determines that questioning pursuant to such procedures is likely to result in a more timely and effective resolution of such issues. A transcript shall be kept of any oral presentations made under this paragraph. (2) Subsections (c) and (d) of section 18 of the Federal Trade Commission Act shall apply to rules under section 325 (other than subsections (a)(1), (2), and (3)) to the same extent that such subsections apply to rules under section 18(a)(1)(B) of such Act. (b)(1) Any person who will be adversely affected by a rule prescribed under section 323 or 324 when it is effective may, at any time prior to the sixtieth day after the date such rule is prescribed, file a petition with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for a judicial review thereof. A copy of the petition shall be forthwith transmitted by the clerk of the court to the agency which prescribed the rule. Such agency thereupon shall file in the court the written submissions to, and transcript of, the proceedings on which the rule was based as provided in section 2112 of title 28, United States Code. (2) Upon the filing of the petition referred to in paragraph (1), the court shall have jurisdiction to review the rule in accordance with chapter 7 of title 5, United States Code, and to grant appropriate relief as provided in such chapter. No rule under section 323 or 324 may be affirmed unless supported by substantial evidence. (3) The judgment of the court affirming or setting aside, in whole or in part, any such rule shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. (4) The remedies provided for in this subsection shall be in addition to, and not in substitution for, any other remedies provided by law. (5) Section 18(e) of the Federal Trade Commission Act shall apply to rules under section 325 (other than subsections (a)(1), (2) and (3)) to the same extent that it applies to rules under section 18(a)(1) (B) of such Act.

89 STAT, 931

Transcript, 15 USC 57a. Petition,

Jurisdiction, 5 USC 701.

CONSUMER EDUCATION

SEC. 337. The Administrator shall, in close cooperation and coordi- 42 USC 6307. nation with the Commission and appropriate industry trade associations and industry members, including retailers, and interested consumer and environmental organizations, carry out a program to educate consumers and other persons with respect to— (1) the significance of estimated annual operating costs; (2) the way in which comparative shopping, including comparisons of estimated annual operating costs, can save energy for the Nation and money for consumers; and (3) such other matters as the Administrator determines may encourage the conservation of energy in the use of consumer products.

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PUBLIC LAW 94-163—DEC. 22, 1975 Such steps to educate consumers may include publications, audiovisual presentations, demonstrations, and the sponsorship of national and regional conferences involving manufacturers, distributors, retailers, and consumers, and State, local, and Federal Government representatives. Nothing in this section may be construed to require the compilation of lists which compare the estimated annual operating costs of consumer products by model or manufacturer's name. A N N U A L REPORT

42 USC 6308.

SEC. 338. The Administrator shall report to the Congress and the President either (1) as part of his annual report, or (2) in a separate report submitted annually, on the progress of the program undertaken pursuant to this part and on the energy savings impact of this part. AUTHORIZATION OF APPROPRIATIONS

42 USC 6309.

SEC. 339. (a) There are authorized to be appropriated to the Administrator not more than the following amounts to carry out his responsibilities under this part— (1) $1,700,000 for fiscal year 1976; (2) $1,500,000 for fiscal year 1977; and (3) $1,500,000 for fiscal year 1978. (b) There are authorized to be appropriated to the Commission not more than the following amounts to carry out its responsibilities under this part— (1) $650,000 for fiscal year 1976; (2) $700,000 for fiscal year 1977; and (3) $700,000 for fiscal year 1978. (c) There are authorized to be appropriated to the Administrator to be allocated not more than the following amounts— (1) $1,100,000 for fiscal year 1976; (2) $700,000 for fiscal year 1977; and (3) $700,000 for fiscal year 1978. Such amounts shall, and any amounts authorized to be appropriated under subsection (a), may be allocated by the Administrator to the National Bureau of Standards. PART C—STATE ENERGY CONSERVATION PLANS FINDINGS AND PURPOSE

42 USC 6321.

SEC. 361. (a) The Congress finds that— (1) the development and implementation by States of laws, policies, programs, and procedures to conserve and to improve efficiency in the use of energy will have an immediate and substantial effect in reducing the rate of growth of energy demand and in minimizing the adverse social, economic, political, and environmental impacts of increasing energy consumption; (2) the development and implementation of energy conservation programs by States will most efficiently and effectively minimize any adverse economic or employment impacts of changing patterns of energy use and meet local economic, climatic, geographic, and other unique conditions and requirements of each State; and (3) the Federal Government has a responsibility to foster and promote comprehensive energy conservation programs and practices by establishing guidelines for such programs and providing

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overall coordination, technical assistance, and financial support for specific State initiatives in energy conservation, (b) I t is the purpose o,f this part to promote the conservation of energy and reduce the rate of growth of energy demand by authorizing the Administrator to establish procedures and guidelines for the development and implementation of specific State energy conservation programs and to provide Federal financial and technical assistance to States in support of such programs. STATE ENERGY CONSERVATION

PLANS

SEC. 362. (a) The Administrator shall, by rule, within 60 days Feasibility after the date of enactment of this Act, prescribe guidelines for the report. preparation of a State energy conservation feasibility report. The 42 USC 6322. Administrator shall invite the Governor of each State to submit, within 3 months after the effective date of such guidelines, such a report. Such report shall include— (1) an assessment of the feasibility of establishing a State energy conservation goal, which goal shall consist of a reduction, as a result of the implementation the State energy conservation plan described in this section, of 5 percent or more in the total amount of energy consumed in such State in the year 1980 from the projected energy consumption for such State in the year 1980, and (2) a proposal by such State for the development of a State energy conservation plan to achieve such goal. (b) The Administrator shall, by rule, within 6 months after the Guidelines, date of enactment of this Act, prescribe guidelines with respect to measures required to be included in, and guidelines for the development, modification, and funding of, State energy conservation plans. The Administrator shall invite the Governor of each State to submit, within 5 months after the effective date of such guidelines, a report. Such report shall include— (1) a proposed State energy conservation plan designed to result in scheduled progress toward, and achievement of, the State energy conservation goal of such State; and (2) a detailed description of the requirements, including the estimated cost of implementation and the estimated energy savings, associated with each functional category of energy conservation included in the State energy conservation plan. (c) Each proposed State energy conservation plan to be eligible for Federal assistance under this part shall include— (1) mandatory lighting efficiency standards for public buildings (except public buildings owned or leased by the United States); (2) programs to promote the availability and use of carpools, vanpools, and public transportation (except that no Federal funds provided under this part shall be used for subsidizing fares for public transportation); (3) mandatory standards and policies relating to energy efficiency to govern the procurement practices of such State and its political subdivisions; (4) mandatory thermal efficiency standards and insulation requirements for new and renovated buildings (except buildings owned or leased by the United States);,and (5) a traffic law or regulation which, to the maximum extent practicable consistent with safety, permits the operator of a motor vehicle to turn such vehicle right at a red stop light after stopping.

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Standby plan.

PUBLIC LAW 94-163—DEC. 22, 1975 (d) Each proposed State energy conservation plan may include— (1) restrictions governing the hours and conditions of operation of public buildings (except buildings owned or leased by the United States); (2) restrictions on the use of decorative or nonessential lighting; ^3) transportation controls; (4) programs of public education to promote energy conservation; and (5) any other appropriate method or programs to conserve and to improve efficiency in the use of energy. (e) The Governor of any State may submit to the Administrator a State energy conservation plan which is a standby energy conservation plan to significantly reduce energy demand by regulating the public and private consumption of energy during a severe energy supply interruption, which plan may be separately eligible for Federal assistance under this part without regard to subsections (c) and (d) of this section. FEDERAL ASSISTANCE TO STATES

42 USC 6323.

Recordkeeping.

SEC. 363. (a) Upon request of the Governor of any State, the Administrator shall provide, subject to the availability of personnel and funds, information and technical assistance, including model State laws and proposed regulations relating to energy conservation, and other assistance in— (1) the preparation of the reports described in section 362, and (2) the development, implementation, or modification of an energy conservation plan of such State submitted under section 362 (b) or (e). (b)(1) The Administrator may grant Federal financial assistance pursuant to this section for the purpose of assisting such State in the development of any such energy conservation plan or in the implementation or modification of a State energy conservation plan or part thereof which has been submitted to and approved by the Administrator pursuant to this part. (2) In determining whether to approve a State energy conservation plan submitted under section 362(b) or (e), the Administrator— (A) shall take into account the impact of local economic, climatic, geographic, and other unique conditions and requirements of such State on the opportunity to conserve and to improve efficiency in the use of energy in such State; and (B) may extend the period of time during which a State energy conservation feasibility report or State energy conservation plan may be submitted if the Administrator determines that participation by the State submitting such report or plan is likely to result in significant progress toward achieving the purposes of this Act. (3) In determining the amount of Federal financial assistance to be provided to any State under this subsection, the Administrator shall consider— (A) the contribution to energy conservation which can reasonably be expected, (B) the number of people affected by such plan, and (C) the consistency of such plan with the purposes of this Act, and such other factors as the Administrator deems appropriate. (c) Each recipient of Federal financial assistance under subsection (b) shall keep such records as the Administrator shall require, including records which fully disclose the amount and disposition by each

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