99–010 

Calendar No. 54 

112TH CONGRESS REPORT " ! SENATE 1st Session 112–18 

IMPLEMENTATION OF NATIONAL CONSENSUS APPLIANCE 

AGREEMENTS ACT 

MAY 18, 2011.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 398] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 398) to amend the Energy Policy and Conservation Act to improve the energy-efficiency of certain appliances and 

equipment, and for other purposes, having considered the same, reports favorably thereon with amendments and recommends that 

the bill, as amended, do pass. 

The amendments are as follows: 

1. On page 70, between lines 20 and 21, insert the following: 

SEC. 16. STANDARDS FOR CERTAIN REFLECTOR LAMPS. 

Section 325(i) of the Energy Policy and Conservation Act (42 

U.S.C. 6295(i)) is amended by adding at the end the following: 

‘‘(9) REFLECTOR LAMPS.—In conducting rulemakings for reflector lamps after January 1, 2014, the Secretary shall consider— 

‘‘(A) incandescent and nonincandescent technologies; and 

‘‘(B) a new energy-related measure, other than lumens 

per watt, that is based on the photometric distribution of 

those lamps.’’. 

2. On page 70, line 21, strike ‘‘16’’ and insert ‘‘17’’. 

3. On page 71, line 16, strike ‘‘17’’ and insert ‘‘18’’. 

4. On page 74, line 1, strike ‘‘18’’ and insert ‘‘19’’. 

5. On page 79, line 1, strike ‘‘19’’ and insert ‘‘20’’. 

6. On page 79, line 11, strike ‘‘combustion’’ and insert ‘‘thermal’’. 

7. On page 80, line 1, strike ‘‘20’’ and insert ‘‘21’’. 


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8. On page 81, line 12, strike ‘‘21’’ and insert ‘‘22’’. 

9. On page 85, line 6, strike ‘‘22’’ and insert ‘‘23’’. 

10. On page 85, line 18, strike ‘‘23’’ and insert ‘‘24’’. 

11. On page 86, line 12, strike ‘‘24’’ and insert ‘‘25’’. 

PURPOSE OF THE MEASURE

The purpose of S. 398 is to promote energy efficiency by amending Subchapter III, Part A, of the Energy Policy and Conservation 

Act (EPCA) (42 U.S.C. 6291 et seq.) regarding the Energy Conservation Program for Consumer Products Other than Automobiles. 

The bill would establish and revise energy efficiency standards for 

several classes of consumer products, and it would make operational changes to the program including expansion of the petition 

processes for updating energy efficiency standards and test procedures, revision of program definitions and test methods, and direct 

the Secretary of Energy to conduct several studies. 

BACKGROUND AND NEED

Residential appliances and other consumer products account for 

about two-thirds of the nation’s electricity consumption. Efforts to 

reduce energy use for these products can be challenging because 

many buyers do not consider the cost of energy when purchasing 

a product, even though the lifetime cost of the energy used may be 

several times greater than a product’s purchase price. 

Congress first authorized energy efficiency standards for consumer appliances in 1975, following the oil embargo of 1973–1974, 

in an effort to reduce our dependence on foreign oil and our vulnerability to future import interruptions. Initially, the Energy Policy 

and Conservation Act of 1975 (EPCA) (Public Law 94–163) authorized the Federal Energy Administrator to establish test procedures 

for measuring the energy efficiency of a limited number of consumer products, and to require manufacturers label the products 

with their efficiency ratings. EPCA also required the Administrator 

to set voluntary efficiency improvement targets, and to impose 

mandatory efficiency standards only if the voluntary targets proved 

unsuccessful. 

In 1978, however, Congress expanded and strengthened the appliance efficiency program by requiring the Secretary of Energy to 

prescribe mandatory energy efficiency standards for certain consumer products and authorizing him to prescribe standards for others. The Secretary declined to adopt mandatory standards in 1983, 

and the United States Court of Appeals for the District of Columbia Circuit held the Secretary’s ‘‘no-standard standards’’ unlawful 

and not supported by substantial evidence. Natural Resources Defense Council v. Herrington, 768 Fed 1355 (D.C. Cir. 1985). 

Meanwhile, manufacturers and efficiency advocates recognized 

that direct Congressional enactment of standards that were negotiated among stakeholders could be implemented more quickly and 

would provide greater regulatory certainty and stability than 

standards set through U.S. Department of Energy (DOE) rulemaking. In 1987, Congress first enacted legislation, the National 

Appliance Energy Conservation Act of 1987 (Public Law 100–12) 

based on agreements negotiated among appliance manufacturers, 

energy efficiency advocates, and consumer groups. Legislation 


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based on subsequent stakeholder agreements was enacted in: the 

National Appliance Energy Conservation Amendments of 1988 

(Public Law 100–357); the Energy Policy Act of 1992 (Public Law 

102–486); the Energy Policy Act of 2005 (Public Law 109–58); and 

the Energy Independence and Security Act of 2007 (Public Law 

110–140). 

S. 398 is needed to codify additional agreements reached between 

industry, energy efficiency advocates, and consumer groups that increase certain existing standards, establish new standards for certain products, or make operational changes to the program to facilitate consideration of petitions for changes to test methods and 

standards. Enactment of S. 398 is expected to save the nation nearly 850 trillion BTUs by 2030, yield net economic savings to consumers of more than $43 billion by 2030, and reduce annual carbon 

dioxide emissions by 47 million metric tons by 2030. 

LEGISLATIVE HISTORY

S. 398 is based on several appliance standards bills that were 

considered in the 111th Congress. The first of these bills is S. 598, 

which was introduced March 16, 2009, and a hearing was held on 

March 19, 2009 (S. Hrg. 111–24). The amended text of S. 598 was 

included in Title II of S. 1462, the American Clean Energy Leadership Act of 2009, as reported from the Committee on Energy and 

Natural Resources on July 16, 2009 (S. Rpt. 111–48). S. 398 is also 

based on bills S. 1696, S. 2908, S. 3054 and S. 3059, on which a 

hearing was held March 10, 2010 (S. Hrg. 111–402). The provisions 

of all these bills were consolidated, revised, and introduced as S. 

3925 on September 29, 2010, but consideration of this bill ended 

with the adjournment of the 111th Congress. 

S. 398 is closely based on S. 3925, and was introduced in the 

112th Congress on February 17, 2011, by Senator Bingaman, for 

himself and Senator Murkowski. The Committee held a hearing on 

March 10, 2011, and ordered the legislation favorably reported, 

with amendments, at a business meeting on April 12, 2011. 

COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

The Committee on Energy and Natural Resources, in open business session on April 12, considered S. 398 and by a majority vote 

of a quorum present, recommends that the Senate pass the bill, if 

amended as described herein. 

The roll call vote on reporting the measure was 18 yeas and 4 

nays as follows: 

Yeas Nays 

Mr. Bingaman Mr. Barrasso 

Mr. Wyden Mr. Risch 

Mr. Johnson Mr. Lee 

Ms. Landrieu Mr. Paul 

Ms. Cantwell 

Mr. Sanders * 

Ms. Stabenow 

Mr. Udall * 

Ms. Shaheen * 

Mr. Franken * 

Mr. Manchin 


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Mr. Coons 

Ms. Murkowski 

Mr. Burr * 

Mr. Coats 

Mr. Portman * 

Mr. Hoeven 

Mr. Corker * 

* Indicates voted by proxy 

COMMITTEE AMENDMENTS

The Committee adopted 11 amendments to S. 398. The first adds 

a new section 16 to the bill. Section 16 establishes two new factors 

that the Secretary shall consider in conducting rulemakings for reflector lamps after January 1, 2014. Nine of the remaining ten 

amendments (2–5 and 7–11), renumber the remaining sections of 

the bill to reflect addition of the new section 16. The remaining 

amendment (number 6) changes the word ‘‘combustion’’ to ‘‘thermal’’ to clarify the efficiency standard for commercial gas furnaces. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; table of contents 

Section 2. Energy conservation standards 

Section 2 clarifies that ‘energy conservation standard’ means one 

or more performance or design requirements such as energy and 

water efficiency. Section 2 also adds definitions, effective dates, and 

standards for: central air conditioners and heat pumps, throughthe-wall central air conditioners; through-the-wall central air conditioning heat pumps; small-duct, high-velocity systems; and nonweatherized furnaces, as agreed to between manufacturers and efficiency advocacy groups. Finally, this section provides that building 

codes may allow appliance standards to exceed the Federal standard in certain cases. 

Section 3. Energy conservation standards for heat pump pool heaters 

Section 3 adds definitions, standards and effective dates for heat 

pump pool heaters, as agreed to between manufacturers and efficiency and consumer advocacy groups. 

Section 4. GU–I 24 base lamps 

Section 4 adds definitions, standards and effective dates for the 

next-generation, GU–24 lamps, lamp sockets, and adaptors, as 

agreed to between manufacturers and efficiency and consumer advocacy groups. 

Section 5. Efficiency standards for bottle-type water dispensers, 

commercial hot food holding cabinets, and portable electric spas 

Section 5 adds definitions, exclusions, test procedures, standards 

and effective dates for bottle-type water dispensers, commercial hot 

food holding cabinets, and portable electric spas, as agreed to between manufacturers and efficiency and consumer advocacy groups. 


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Section 6. Test procedure petition process 

Section 5(a) provides that any person may petition DOE to prescribe or amend test procedures for consumer products and establishes deadlines for DOE to respond to such petitions. Section 5(b) 

clarifies that DOE shall periodically review test procedures for certain industrial equipment, and provides that any person may petition DOE to prescribe or amend test procedures for such equipment 

and establishes deadlines for DOE to respond to such petitions. 

Section 5 also provides that DOE may use the Direct Final Rule 

procedure currently available to prescribe consensus standards, to 

prescribe consensus test procedures. 

Section 7. Amendments to home appliance test methods 

Section 7 sets deadlines for DOE rulemakings regarding refrigerator and freezer, clothes washer, and clothes dryer test methods. 

Section 8. Credit for Energy Star smart appliances 

Section 8 directs federal officials to determine whether to update 

Energy Star criteria for certain products to incorporate smart grid 

and demand response features. 

Section 9. Video game console energy efficiency study 

Section 9 directs DOE to conduct a study of video game console 

energy use and opportunities for energy savings, and upon completion of the study to determine whether to establish an efficiency 

standard. If standards are not established, then DOE shall conduct 

a follow-up study. 

Section 10. Refrigerator and freezer standards 

Section 10 updates definitions, exceptions, standards and effective dates for new standards for refrigerators and freezers, as 

agreed to between manufacturers and efficiency and consumer advocacy groups. 

Section 11. Room air conditioner standards 

Section 11 establishes new standards and effective dates for room 

air-conditioners, as agreed to between manufacturers and efficiency 

and consumer advocacy groups. 

Section 12. Uniform efficiency descriptor for covered water heaters 

Section 12 directs DOE to publish a final rule that establishes 

a uniform efficiency descriptor and test methods for covered water 

heaters. The section also sets forth other provisions necessary to 

transition from the current regulations which have different 

descriptors for two size-classes of water heaters, to having a single 

descriptor for all covered water heaters. 

Section 13. Clothes dryers 

Section 13 establishes new standards and effective dates for 

clothes dryers, as agreed to between manufacturers and efficiency 

and consumer advocacy groups. 


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Section 14. Standards for clothes washers 

Section 14 establishes new standards and effective dates for 

clothes washers, as agreed to between manufacturers and efficiency 

and consumer advocacy groups. 

Section 15. Dishwashers 

Section 15 establishes new standards and effective dates for dishwashers, as agreed to between manufacturers and efficiency and 

consumer advocacy groups. 

Section 16. Standards for certain reflector lamps 

Section 16 establishes two new factors that the Secretary shall 

consider in conducting rulemakings for reflector lamps after January 1, 2014. 

Section 17. Petition for amended standards 

Section 17 requires DOE to publish an explanation of DOE’s decision to grant or deny a petition for a new or amended standard 

(filed under current law) within 180 days, and to publish the new 

rule within 3 years in those cases where the petition is granted. 

Section 18. Prohibited acts 

Section 18 updates certain enforcement provisions to clarify that 

the prohibitions under current law apply to distributors, retailers, 

and private labelers as well as manufacturers, and clarifies that 

prohibitions must be ‘‘knowingly’’ violated in the case of regional 

standards. 

Section 19. Outdoor lighting 

Section 19 establishes definitions, test methods, standards, and 

effective dates for certain types of outdoor lighting, as agreed to between manufacturers and efficiency and consumer advocacy groups. 

Section 20. Standards for commercial furnaces 

Section 20 establishes a new standard and effective date for commercial furnaces, as agreed to between manufacturers and efficiency and consumer advocacy groups. 

Section 21. Service over-the-counter, self-contained, medium temperature commercial refrigerators 

Section 21 establishes new definitions and a standard and effective date for certain service-over-the-counter refrigerators, as 

agreed to between manufacturers and efficiency and consumer advocacy groups. 

Section 22. Motor market assessment and commercial awareness 

program 

Section 22 directs DOE to assess the U.S. electric motor market 

and develop recommendations on ways to improve the efficiency of 

motor systems. It also requires DOE to periodically update this information; estimate the savings attributable to the Save Energy 

Now Program; make recommendations to the Census Bureau on 

surveys to support DOE’s motor activities; and prepare an update 

to the Motor Master+ program of DOE. Finally, based on the assessment and recommendations, the section would direct DOE to 


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establish a program to: increase awareness of the savings opportunities of using higher efficiency motors, improve motor system procurement practices, and establish criteria for making decisions regarding electric motor systems. 

Section 23. Study of compliance with energy standards for appliances 

Section 23 directs DOE to conduct, and submit to Congress with 

any recommendations, a study on the degree of compliance with energy standards for appliances including an investigation of compliance rates and options for improving compliance. 

Section 24. Study of direct current electricity supply in certain 

buildings 

Section 24 directs DOE to conduct, and submit to Congress with 

any recommendations, a study of the costs and benefits of requiring 

high-quality, direct current electricity supply in certain buildings 

and to determine, if this requirement is imposed, what the policy 

and role of the Federal Government should be. 

Section 25. Technical corrections 

Section 25 makes technical corrections to the Energy Independence and Security Act of 2007 (EISA), the Energy Policy Act of 

2005, and the Energy Policy and Conservation Act regarding the 

appliance efficiency standards prop-am, Title III of EPCA. 

COST AND BUDGETARY CONSIDERATION

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 398—Implementation of National Consensus Appliance Agreements Act of 2011 

S. 398 would establish and revise a variety of energy-efficiency 

standards for certain types of consumer products. The bill also 

would make changes to the Department of Energy’s (DOE’s) regulatory authority and processes related to such standards. 

Based on information from DOE, CBO estimates that implementing S. 398 would have no significant net impact on the federal 

budget. According to DOE, the agency is already pursuing 

rulemakings related to testing and energy-efficiency standards of 

certain products for which S. 398 would specify standards. By 

streamlining regulatory procedures for such products, S. 398 could 

reduce the need for future appropriations to continue rulemaking 

processes related to them. On the other hand, under S. 398, certain 

new classes of consumer products would become subject to DOE 

regulation, adding to the agency’s anticipated workload. Based on 

information from DOE, CBO estimates that any net change in the 

agency’s costs to regulate products affected by S. 398, which are 

subject to appropriation, would be insignificant in any year. Enacting S. 398 would not affect direct spending or revenues; therefore, 

pay-as-you-go procedures do not apply. 

S. 398 contains intergovernmental mandates as defined in the 

Unfunded Mandates Reform Act (UMRA) because it would preempt 

state and local laws governing energy-efficiency standards, including those for water dispensers, commercial cabinets for holding hot 


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food, portable electric spas, video game consoles, and certain types 

of lamps. While those preemptions would limit the application of 

state and local law, CBO estimates that they would impose no duty 

on state, local, or tribal governments that would result in additional spending. 

By establishing new energy-efficiency standards for appliances 

and other products, the bill also would impose private-sector mandates, as defined UMRA, on manufacturers of those products. In 

addition, the bill would revise existing standards for certain other 

products. DOE is currently pursuing rulemakings related to those 

standards. To the extent the revised standards in the bill would 

impose more stringent standards than the standards to be issued 

by DOE or would accelerate the effective date of those standards, 

the bill would impose a mandate on manufacturers of those products. Based on information from DOE and industry sources, CBO 

estimates that the cost to comply with some of the new standards 

would not be substantial. However, because of limited information 

about compliance costs and uncertainty about the rules to be issued 

by DOE, CBO cannot estimate the costs of several of the remaining 

mandates. Consequently, we cannot determine whether the aggregate costs of the private-sector mandates in the bill would exceed 

the annual threshold established in UMRA ($142 million in 2011, 

adjusted annually for inflation). 

The CBO staff contacts for this estimate are Megan Carroll (for 

federal costs), Ryan Miller (for the impact on state and local governments), and Amy Petz (for the private-sector impact). This estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

the legislation. 

The bill establishes energy efficiency standards on manufacturers 

for certain classes of heating and cooling equipment, washing 

equipment, lighting, and other consumer appliances. There will be 

economic costs associated with certain of these requirements, 

though these costs will be offset by reduced energy consumption 

and by the reduction in rulemaking costs by the U.S. Department 

of Energy. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

CONGRESSIONALLY DIRECTED SPENDING

The bill, as reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff benefits as defined in Rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the U.S. Department of Energy at the 

March 10, 2010, hearing on S. 398 follows: 


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CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

398, as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is 

printed in italic, existing law in which no change is proposed is 

shown in roman): 

ENERGY POLICY AND CONSERVATION ACT

* * * * * * * 

TITLE III—IMPROVING ENERGY EFFICIENCY 

* * * * * * * 

PART B—ENERGY CONSERVATION PROGRAM FOR 

CONSUMER PRODUCTS OTHER THAN AUTOMOBILES 

DEFINITIONS

SEC. 321. For purposes of this part: 

(1) The term ‘‘consumer product’’ means any article (other 

than an automobile, as defined in section 32901(a)(3) of title 

49, United States Code) of a type— 

* * * * * * * 

ø(6) The term ‘‘energy conservation standard’’ means— 

ø(A) a performance standard which prescribes a minimum level of energy efficiency or a maximum quantity of 

energy use, or, in the case of showerheads, faucets, water 

closets, and urinals, water use, for a covered product, determined in accordance with test procedures prescribed 

under section 323; or 

ø(B) a design requirement for the products specified in 

paragraphs (6), (7), (8), (10), (15), (16), (17), and (19) of section 322(a); and includes any other requirements which 

the Secretary may prescribe under section 325(r).11 Section 

123(b)(3)(B)(ii) of P.L. 102–486 stated that section 

321(6)(B) should be amended by striking out ‘‘325(o)’’ and 

inserting in lieu thereof ‘‘325(r)’’¿ 

(6) ENERGY CONSERVATION STANDARD.— (A) IN GENERAL.—The term ‘energy conservation standard’ means 1 or more performance standards that— 

(i) for covered products (excluding clothes washers, 

dishwashers, showerheads, faucets, water closets, and 

urinals), prescribe a minimum level of energy efficiency 

or a maximum quantity of energy use, determined in 

accordance with test procedures prescribed under section 323; 

(ii) for showerheads, faucets, waterclosets, and urinals, prescribe a minimum level of water efficiency or 

a maximum quantity of water use, determined in accordance with test procedures prescribed under section 

323; and 

(iii) for clothes washers and dishwashers— 


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(I) prescribe a minimum level of energy efficiency 

or a maximum quantity of energy use, determined 

in accordance with test procedures prescribed 

under section 323; and 

(II) include a minimum level of water efficiency 

or a maximum quantity of water use, determined 

in accordance with those test procedures. 

(B) INCLUSIONS.—The term ‘energy conservation standard’ includes— 

(i) 1 or more design requirements, if the requirements 

were established— 

(I) on or before the date of enactment of this subclause; 

(II) as part of a direct final rule under section 

325(p)(4); or 

(III) as part of a final rule published on or after 

January 1, 2012; and 

(ii) any other requirements that the Secretary may 

prescribe under section 325(r). 

(C) EXCLUSION.—The term ‘energy conservation standard’ 

does not include a performance standard for a component 

of a finished covered product, unless regulation of the component is specifically authorized or established pursuant to 

this title.’; and 

* * * * * * * 

(22) The term ‘‘efficiency descriptor’’ means the ratio of the 

useful output to the total energy input, determined using the 

test procedures prescribed under section 323 and expressed for 

the following products in the following terms: 

(A) For furnaces and direct heating equipment, annual 

fuel utilization efficiency. 

(B) For room air conditioners, energy efficiency ratio. 

(C) For central air conditioning and central air conditioning heat pumps, seasonal energy efficiency ratio. 

(D) For water heaters, energy factor. 

(E) For gas-fired pool heaters, thermal efficiency 

(F) For heat pump pool heaters, coefficient of performance of heat pump pool heaters. 

* * * * * * * 

(25) The term ‘‘pool heater’’ means an appliance designed for 

heating nonpotable water contained at atmospheric pressure, 

including heating water in swimming pools, spas, hot tubs and 

similar applications. 

(25A) COEFFICIENT OF PERFORMANCE OF HEAT PUMP POOL

HEATERS.—The term ‘coefficient of performance of heat pump 

pool heaters’ means the ratio of the capacity to power input 

value obtained at the following rating conditions: 50.0 °F db/ 

44.2 °F wb outdoor air and 80.0 °F entering water temperatures, according to AHRI Standard 1160. 

(26) The term ‘‘thermal efficiency of gas-fired pool heaters’’ 

means a measure of the heat in the water delivered at the 

heater outlet divided by the heat input of the pool heater as 

measured under test conditions specified in section 2.8.1 of the 


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American National Standard for Gas Fired Pool Heaters, 

Z21.56—1986, or as may be prescribed by the Secretary. 

* * * * * * * 

(30)(A) Except as provided in subparagraph (E), the term 

‘‘fluorescent lamp’’ means a low pressure mercury electric-discharge source in which a fluorescing coating transforms some 

of the ultraviolet energy generated by the mercury discharge 

into light, including only the following: 

(i) Any straight-shaped lamp (commonly referred to as 4- 

foot medium bi-pin lamps) with medium bi-pin bases of 

nominal overall length of 48 inches and rated wattage of 

28 or more. 

(ii) Any U-shaped lamp (commonly referred to as 2-foot 

U-shaped lamps) with medium bi-pin bases of nominal 

overall length between 22 and 25 inches and rated wattage 

of 28 or more. 

(iii) Any rapid start lamp (commonly referred to as 8-foot 

high output lamps) with recessed double contact bases of 

nominal overall length of 96 inches and 0.800 nominal amperes, as defined in ANSI C78.1—1978 and related supplements. 

(iv) Any instant start lamp (commonly referred to as 8- 

foot slimline lamps) with single pin bases of nominal overall length of 96 inches and rated wattage of 52 or more, 

as defined in ANSI C78.3—1978 (R1984) and related supplement ANSI C78.3a—1985. 

(B) The term ‘‘general service fluorescent lamp’’ means fluorescent lamps which can be used to satisfy the majority of fluorescent applications, but does not include any lamp designed 

and marketed for the following nongeneral lighting applications: 

(i) Fluorescent lamps designed to promote plant growth. 

(ii) Fluorescent lamps specifically designed for cold temperature installations. 

(iii) Colored fluorescent lamps. 

(iv) Impact-resistant fluorescent lamps. 

(v) Reflectorized or aperture lamps. 

(vi) Fluorescent lamps designed for use in reprographic 

equipment. 

(vii) Lamps primarily designed to produce radiation in 

the ultra-violet region of the spectrum. 

(viii) Lamps with a color rendering index of 87 or greater. 

(C) Except as provided in subparagraph (E), the term ‘‘incandescent lamp’’ means a lamp in which light is produced by a 

filament heated to incandescence by an electric current, including only the following: 

(i) Any lamp (commonly referred to as lower wattage 

nonreflector general service lamps, including any tungstenhalogen lamp) that has a rated wattage between 30 and 

199 watts, has an E26 medium screw base, has a rated 

voltage or voltage range that lies at least partially within 

115 and 130 volts, and is not a reflector lamp. 

(ii) Any lamp (commonly referred to as a reflector lamp) 

which is not colored or designed for rough or vibration 


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service applications, that contains an inner reflective coating on the outer bulb to direct the light, an R, PAR, ER, 

BR, BPAR, or similar bulb shapes with E26 medium screw 

bases, a rated voltage or voltage range that lies at least 

partially within 115 and 130 volts, a diameter which exceeds 2.25 inches, and has a rated wattage that is 40 watts 

or higher. 

(iii) Any general service incandescent lamp (commonly 

referred to as a high- or higher-wattage lamp) that has a 

rated wattage above 199 watts (above 205 watts for a high 

wattage reflector lamp). 

(D) GENERAL SERVICE INCANDESCENT LAMP.— 

(i) IN GENERAL.—The term ‘‘general service incandescent 

lamp’’ means a standard incandescent or halogen type 

lamp that— 

(I) is intended for general service applications; 

(II) has a medium screw base; 

(III) has a lumen range of not less than 310 lumens 

and not more than 2,600 lumens or, in the case of a 

modified spectrum lamp, not less than 232 lumens and 

not more than 1,950 lumens; and 

(IV) is capable of being operated at a voltage range 

at least partially within 110 and 130 volts. 

* * * * * * * 

(T) APPLIANCE LAMP.—The term ‘‘appliance lamp’’ means any 

lamp that— 

(i) is specifically designed to operate in a household 

applianceø,¿ and has a maximum wattage of 40 watts, 

øand is sold at retail,¿ including an oven lamp, refrigerator lamp, and vacuum cleaner lamp; and 

(ii) when sold at retail is designated and marketed for 

the intended application, with— 

(I) the designation on the lamp packaging; and 

(II) marketing materials that identify the lamp as 

being for appliance use. 

* * * * * * * 

(66) PULSE-START METAL HALIDE BALLAST.— 

(A) IN GENERAL.—The term ‘‘pulse-start metal halide 

ballast’’ means an electronic or electromagnetic ballast 

that starts a pulse-start metal halide lamp with high voltage pulses. 

(B) STARTING PROCESS.—For the purpose of subparagraph (A)— 

(i) lamps shall be started by first providing a high 

voltage pulse for ionization of the gas to produce a 

glow discharge; and 

(ii) to complete the starting process, power shall be 

provided by the ballast to sustain the discharge 

through the glow-to-arc transition. 

(67) EER.—The term ‘EER’ means energy efficiency ratio. 

(68) HSPF.—The term ‘HSPF’ means heating seasonal performance factor. 


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(69) GU–24.—The term ‘GU–24’ means the designation of a 

lamp socket, based on a coding system by the International 

Electrotechnical Commission, under which— 

(A) ‘G’ indicates a holder and socket type with 2 or more 

projecting contacts, such as pins or posts; 

(B) ‘U’ distinguishes between lamp and holder designs of 

similar type that are not interchangeable due to electrical 

or mechanical requirements; and 

(C) 24 indicates the distance in millimeters between the 

electrical contact posts. 

(70) GU–24 ADAPTOR.— 

(A) IN GENERAL.—The term ‘GU–24 Adaptor’ means a 1- 

piece device, pig-tail, wiring harness, or other such socket 

or base attachment that— 

(i) connects to a GU–24 socket on 1 end and provides 

a different type of socket or connection on the other 

end; and 

(ii) does not alter the voltage. 

(B) EXCLUSION.—The term ‘GU–24 Adaptor’ does not include a fluorescent ballast with a GU–24 base. 

(71) GU–24 BASE LAMP.—‘GU–24 base lamp’ means a light 

bulb designed to fit in a GU–24 socket. 

(72) BOTTLE-TYPE WATER DISPENSER.—The term ‘bottle-type 

water dispenser’ means a drinking water dispenser that is— 

(A) designed for dispensing hot and cold water; and 

(B) uses a removable bottle or container as the source of 

potable water. 

(73) COMMERCIAL HOT FOOD HOLDING CABINET.— 

(A) IN GENERAL.—The term ‘commercial hot food holding 

cabinet’ means a heated, fully enclosed compartment that— 

(i) is designed to maintain the temperature of hot 

food that has been cooked in a separate appliance; 

(ii) has 1 or more solid or glass doors; and 

(iii) has an interior volume of 8 cubic feet or more. 

(B) EXCLUSIONS.—The term ‘commercial hot food holding 

cabinet’ does not include— 

(i) a heated glass merchandising cabinet; 

(ii) a drawer warmer; 

(iii) a cook-and-hold appliance; or 

(iv) a mobile serving cart with both hot and cold 

compartments. 

(74) COMPARTMENT BOTTLE-TYPE WATER DISPENSER.—The 

term ‘compartment bottle-type water dispenser’ means a drinking water dispenser that— 

(A) is designed for dispensing hot and cold water; 

(B) uses a removable bottle or container as the source of 

potable water; and 

(C) includes a refrigerated compartment with or without 

provisions for making ice. 

(75) PORTABLE ELECTRIC SPA.— 

(A) IN GENERAL.—The term ‘portable electric spa’ means 

a factory-built electric spa or hot tub that— 

(i) is intended for the immersion of persons in heated 

water circulated in a closed system; and 


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(ii) is not intended to be drained and filled with each 

use. 

(B) INCLUSIONS.—The term ‘portable electric spa’ includes— 

(i) a filter; 

(ii) a heater (including an electric, solar, or gas heater); 

(iii) a pump; 

(iv) a control; and 

(v) other equipment, such as a light, a blower, and 

water sanitizing equipment. 

(C) EXCLUSIONS.—The term ‘portable electric spa’ does 

not include— 

(i) a permanently installed spa that, once installed, 

cannot be moved; or 

(ii) a spa that is specifically designed and exclusively 

marketed for medical treatment or physical therapy 

purposes. 

(76) WATER DISPENSER.—The term ‘water dispenser’ means a 

factory-made assembly that— 

(A) mechanically cools and heats potable water; and 

(B) dispenses the cooled or heated water by integral or remote means. 

* * * * * * * 

COVERAGE

SEC. 322. (a) IN GENERAL.—The following consumer products, excluding those consumer products designed solely for use in recreational vehicles and other mobile equipment, are covered products: 

(1) Refrigerators, refrigerator-freezers, and freezers which 

can be operated by alternating current electricity, excluding— 

(A) any type designed to be used without doors; and 

(B) any type which does not include a compressor and 

condenser unit as an integral part of the cabinet assembly. 

(2) Room air conditioners. 

(3) Central air conditioners and central air conditioning heat 

pumps. 

(4) Water heaters. 

(5) Furnaces. 

(6) Dishwashers. 

(7) Clothes washers. 

(8) Clothes dryers. 

(9) Direct heating equipment. 

(10) Kitchen ranges and ovens. 

(11) Pool heaters. 

(12) Television sets. 

(13) Fluorescent lamp ballasts. 

(14) General service fluorescent lamps, general service incandescent lamps, and incandescent reflector lamps. 

(15) Showerheads, except safety shower showerheads. 

(16) Faucets. 

(17) Water closets. 

(18) Urinals. 


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(19) Metal halide lamp fixtures. 

(20) Bottle-type water dispensers and compartment bottle-type 

water dispensers. 

(21) Commercial hot food holding cabinets. 

(22) Portable electric spas. 

ø(20)¿ (23) Any other type of consumer product which the 

Secretary classifies as a covered product under subsection (b). 

* * * * * * * 

TEST PROCEDURES

SEC. 323. (a) GENERAL RULE.—All test procedures and related 

determinations prescribed or made by the Secretary with respect to 

any covered product (or class thereof) which are in effect on the 

date of enactment of the National Appliance Energy Conservation 

Act of 1987 shall remain in effect until the Secretary amends such 

test procedures and related determinations under subsection (b). 

(b) AMENDED AND NEW PROCEDURES.— (1) TEST PROCEDURES.— (A) AMENDMENT.—At least once every 7 years, the Secretary shall review test procedures for all covered products 

and— 

(i) øamend¿ publish in the Federal Register amended 

test procedures with respect to any covered product, if 

the Secretary determines that amended test procedures would more accurately or fully comply with the 

requirements of paragraph (3); or 

(ii) publish notice in the Federal Register of any determination not to amend a test procedure. 

(B) PETITIONS.— 

(i) IN GENERAL.—In the case of any covered product, 

any person may petition the Secretary to conduct a 

rulemaking— 

(I) to prescribe a test procedure for the covered 

product; or 

(II) to amend the test procedures applicable to 

the covered product to more accurately or fully 

comply with paragraph (3). 

(ii) DETERMINATION.—The Secretary shall— 

(I) not later than 90 days after the date of receipt 

of the petition, publish the petition in the Federal 

Register; and 

(II) not later than 180 days after the date of receipt of the petition, grant or deny the petition. 

(iii) BASIS.—The Secretary shall grant a petition if 

the Secretary finds that the petition contains evidence 

that, assuming no other evidence was considered, provides an adequate basis for determining that an 

amended test procedure would more accurately or fully 

comply with paragraph (3). 

(iv) EFFECT ON OTHER REQUIREMENTS.—The granting of a petition by the Secretary under this subparagraph shall create no presumption with respect to the 

determination of the Secretary that the proposed test 

procedure meets the requirements of paragraph (3). 


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(v) RULEMAKING.— 

(I) IN GENERAL.—Except as provided in subclause (II), not later than the end of the 18-month 

period beginning on the date of granting a petition, 

the Secretary shall publish an amended test procedure or a determination not to amend the test procedure. 

(II) EXTENSION.—The Secretary may extend the 

period described in subclause (I) for 1 additional 

year. 

(III) DIRECT FINAL RULE.—The Secretary may 

adopt a consensus test procedure in accordance 

with the direct final rule procedure established 

under section 325(p)(4). 

(C) TEST PROCEDURES.—The Secretary may, in accordance with the requirements of this subsection, prescribe test 

procedures for any consumer product classified as a covered 

product under section 322(b). 

(D) NEW OR AMENDED TEST PROCEDURES.—The Secretary 

shall direct the National Institute of Standards and Technology to assist in developing new or amended test procedures. 

* * * * * * * 

(18) METAL HALIDE LAMP BALLASTS.—Test procedures for 

metal halide lamp ballasts shall be based on ANSI Standard 

C82.6 2005, entitled ‘‘Ballasts for High Intensity Discharge 

Lamps—Method of Measurement’’. 

(19) EER AND HSPF TEST PROCEDURES.— 

(A) IN GENERAL.—Subject to subparagraph (B), for purposes of residential central air conditioner and heat pump 

standards that take effect on or before January 1, 2015— 

(i) the EER shall be tested at an outdoor test temperature of 95 degrees Fahrenheit; and 

(ii) the HSPF shall be calculated based on Region IV 

conditions. 

(B) REVISIONS.—The Secretary may revise the EER outdoor test temperature and the conditions for HSPF calculations as part of any rulemaking to revise the central air 

conditioner and heat pump test method. 

(20) BOTTLE-TYPE WATER DISPENSERS.— (A) IN GENERAL.—Test procedures for bottle-type water 

dispensers and compartment bottle-type water dispensers 

shall be based on the document ‘‘Energy Star Program Requirements for Bottled Water Coolers version 1.1’’ published 

by the Environmental Protection Agency. 

(B) INTEGRAL, AUTOMATIC TIMERS.—A unit with an integral, automatic timer shall not be tested under this paragraph using section 4D of the test criteria (relating to 

Timer Usage). 

(21) COMMERCIAL HOT FOOD HOLDING CABINETS.— 

(A) IN GENERAL.—Test procedures for commercial hot 

food holding cabinets shall be based on the test procedures 

described in ANSI/ASTM F2140–01 (Test for idle energy 

rate-dry test). 


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(B) INTERIOR VOLUME.—Interior volume shall be based 

under this paragraph on the method demonstrated in the 

document ‘‘Energy Star Program Requirements for Commercial Hot Food Holding Cabinets’’ of the Environmental 

Protection Agency, as in effect on August 15, 2003. 

(22) PORTABLE ELECTRIC SPAS.— (A) IN GENERAL.—Test procedures for portable electric 

spas shall be based on the test method for portable electric 

spas described in section 1604 of title 20, California Code 

of Regulations, as amended on December 3, 2008. 

(B) NORMALIZED CONSUMPTION.—Consumption shall be 

normalized under this paragraph for a water temperature 

difference of 37 degrees Fahrenheit. 

(C) ANSI TEST PROCEDURE.—If the American National 

Standards Institute publishes a test procedure for portable 

electric spas, the Secretary shall revise the procedure established under this paragraph, as determined appropriate by 

the Secretary. 

(23) REFRIGERATOR AND FREEZER TEST PROCEDURE.—. (A) IN GENERAL.—Not later than 90 days after the date 

on which the Secretary publishes the final standard rule 

that was proposed on September 27, 2010, the Secretary 

shall finalize the interim final test procedure rule proposed 

on December 16, 2010, with such subsequent modifications 

to the test procedure or standards as the Secretary determines to be appropriate and consistent with this part. 

(B) RULEMAKING.— (i) INITIATION.—Not later than January 1, 2012, the 

Secretary shall initiate a rulemaking to amend the test 

procedure described in subparagraph (A) only to incorporate measured automatic icemaker energy use. 

(ii) FINAL RULE.—Not later than December 31, 2012, 

the Secretary shall publish a final rule regarding the 

matter described in clause (i). 

(24) ADDITIONAL HOME APPLIANCE TEST PROCEDURES.— (A) AMENDED TEST PROCEDURE FOR CLOTHES WASHERS.— Not later than October 1, 2011, the Secretary shall publish 

a final rule amending the residential clothes washer test 

procedure. 

(B) AMENDED TEST PROCEDURE FOR CLOTHES DRYERS.— (i) IN GENERAL.—Not later than180 days after the 

date of enactment of this paragraph, the Secretary 

shall publish an amended test procedure for clothes 

dryers. 

(ii) REQUIREMENT.—The amendments to the test procedure shall be limited to modifications requiring that 

tested dryers are run until the cycle (including cool 

down) is ended by automatic termination controls, if 

equipped with those controls. 

(c) RESTRICTION ON CERTAIN REPRESENTATIONS.—(1) No manufacturer, distributor, retailer, or private labeler may make any representation— 

* * * * * * * 

(f) ADDITIONAL CONSUMER AND COMMERCIAL PRODUCTS.—(1) Not 

later than 2 years after the date of enactment of this subsection, 


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the Secretary shall prescribe testing requirements for refrigerated 

bottled or canned beverage vending machines. 

(2) To the maximum extent practicable, the testing requirements 

prescribed under paragraph (1) shall be based on existing test procedures used in industry. 

LABELING

SEC. 324. (a) IN GENERAL.—(1) The Commission shall prescribe 

labeling rules under this section applicable to all covered products 

of each of the types specified in paragraphs (1), (2), (4), (6), and (8) 

through (12) of section 322(a), except to the extent that, with respect to any such type (or class thereof), 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)(A) The Commission shall prescribe labeling rules under this 

section applicable to all covered products of each of the types specified in paragraphs (3), (5), and (7) of section 322(a), except to the 

extent that with respect to any such type (or class thereof), 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 

ø(19)¿ (23) of section 322(a) (or a class thereof) if— 

(A) the Commission or the Secretary has made a determination with respect to such type (or class thereof) that labeling 

in accordance with this section will assist purchasers in making purchasing decisions, 

(B) the Secretary has prescribed test procedures under section 323(b)(1)(B) 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 the Federal Register. 

(5)(A) For covered products described in subsections (u) through 

(ff) of section 325, after a test procedure has been prescribed under 

section 323, the Secretary or the Commission, as appropriate, may 

prescribe, by rule, under this section labeling requirements for the 

products. 

(B) In the case of products to which TP–1 standards under section 325(y) apply, labeling requirements shall be based on the 

‘‘Standard for the Labeling of Distribution Transformer Efficiency’’ 

prescribed by the National Electrical Manufacturers Association 

(NEMA TP–3) as in effect on the date of enactment of this paragraph. 

(C) In the case of dehumidifiers covered under section 325(dd), 

the Commission shall not require an ‘‘Energy Guide’’ label. 

(6) AUTHORITY TO INCLUDE ADDITIONAL PRODUCT CATEGORIES.— 

The Commission may, by regulation, require labeling or other disVerDate Mar 15 2010 03:48 May 23, 2011 Jkt 099010 PO 00000 Frm 00027 Fmt 6659 Sfmt 6602 E:\HR\OC\SR018.XXX SR018

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closures in accordance with this subsection for any consumer product not specified in this subsection or section 322 if the Commission 

determines that labeling for the product is likely to assist consumers in making purchasing decisions. 

(b) RULES IN EFFECT; NEW RULES.—(1)(A) Any labeling rule in 

effect on the date of the enactment of the National Appliance Energy Conservation Act of 1987 shall remain in effect until amended, 

by rule, by the Commission. 

(B) After the date of the enactment of the National Appliance 

Energy Conservation Act of 1987 and 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 (13), 

and paragraphs (15) through ø(19)¿ (23) of section 322(a) (or class 

thereof) is prescribed under section 323(b), 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(b) with 

respect to covered products of any type (or class thereof) specified 

in paragraphs (1) through (12) of section 322(a), the Commission 

shall prescribe labeling rules with respect to covered products of 

such type (or class thereof). Not earlier than 45 days after the date 

on which test procedures are prescribed under section 323(b) with 

respect to covered products of a type specified in paragraph ø(19)¿ 

(23) of section 322(a), the Commission may prescribe labeling rules 

with respect to covered products of such type (or class thereof). 

* * * * * * * 

(5) The Commission may delay the publication of a proposed labeling 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 (3), (5), and (7) of section 322(a), that labeling in accordance with this section is not likely to assist consumers in purchasing decisions. Any such determination shall be 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 ø(19)¿ (23) of section 322(a). 

* * * * * * * 

(g) OTHER AUTHORITY OF THE COMMISSION.—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 authorVerDate Mar 15 2010 03:48 May 23, 2011 Jkt 099010 PO 00000 Frm 00028 Fmt 6659 Sfmt 6602 E:\HR\OC\SR018.XXX SR018

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ity 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 STAR PROGRAM

SEC. 324A. (a) IN GENERAL.—There is established within the Department of Energy and the Environmental Protection Agency a 

voluntary program to identify and promote energy-efficient products and buildings in order to reduce energy consumption, improve 

energy security, and reduce pollution through voluntary labeling of, 

or other forms of communication about, products and buildings that 

meet the highest energy conservation standards. 

* * * * * * * 

(d) DEADLINES.—The Secretary shall establish new qualifying 

levels— 

(1) not later than January 1, 2006, for clothes washers and 

dishwashers, effective beginning January 1, 2007; and 

(2) not later than January 1, 2008, for clothes washers, effective beginning July 1, 2009. 

(e) CREDIT FOR SMART APPLIANCES.—Not later than 180 days 

after the date of enactment of this subsection, after soliciting comments pursuant to subsection(c)(5), the Administrator of the Environmental Protection Agency, in cooperation with the Secretary, 

shall determine whether to update the Energy Star criteria for residential refrigerators, refrigerator-freezers, freezers, dishwashers, 

clothes washers, clothes dryers, and room air conditioners to incorporate smart grid and demand response features. 

SEC. 324B. VIDEO GAME CONSOLE ENERGY EFFICIENCY STUDY. 

(a) INITIAL STUDY.— (1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Secretary shall conduct a study of— 

(A) video game console energy use; and 

(B) opportunities for energy savings regarding that energy use. 

(2) INCLUSIONS.—The study under paragraph (1) shall include an assessment of all power-consuming modes and media 

playback modes of videogame consoles. 

(b) ACTION ON COMPLETION.—On completion of the initial study 

under subsection (a), the Secretary shall determine, by regulation, 

using the criteria and procedures described in section 325(n)(2), 

whether to initiate a process for establishing minimum energy efficiency standards for video game console energy use. 

(c) FOLLOW-UP STUDY.—If the Secretary determines under subsection (b) that standards should not be established, the Secretary 

shall conduct a follow-up study in accordance with subsection (a) by 

not later than 3 years after the date of the determination. 

ENERGY CONSERVATION STANDARDS

SEC. 325. (a) PURPOSES.—The purposes of this section are to— 

(1) provide Federal energy conservation standards applicable 

to covered products; and 

(2) authorize the Secretary to prescribe amended or new energy conservation standards for each type (or class) of covered 

product. 


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(b) STANDARDS FOR REFRIGERATORS, REFRIGERATOR-FREEZERS, AND FREEZERS.—(1) The following is the maximum energy use allowed in kilowatt hours per year for the following products (other 

than those described in paragraph (2)) manufactured on or after 

January 1, 1990: 

Energy Standards Equations 

Refrigerators and Refrigerator-Freezers with manual defrost ................................... 16.3AV+316 

Refrigerator-Freezers—partial automatic defrost ...................................................... 21.8AV+429 

Refrigerator-Freezers—automatic defrost with: 

Top mounted freezer without ice ....................................................................... 23.5AV+471 

Side mounted freezer without ice ...................................................................... 27.7AV+488 

Bottom mounted freezer without ice ................................................................. 27.7AV+488 

Top mounted freezer with through the door ice service ................................... 26.4AV+535 

Side mounted freezer with through the door ice .............................................. 30.9AV+547 

Upright Freezers with: 

Manual defrost ................................................................................................... 10.9AV+422 

Automatic defrost .............................................................................................. 16.0AV+623 

Chest Freezers and all other freezers ............................................................... 14.8AV+223 

(2) The standards described in paragraph (1) do not apply to refrigerators and refrigerator-freezers with total refrigerated volume 

exceeding 39 cubic feet or freezers with total refrigerated volume 

exceeding 30 cubic feet. 

* * * * * * * 

ø(4) REFRIGERATORS AND FREEZERS MANUFACTURED ON OR AFTER

JANUARY 1, 2014.— 

ø(A) In GENERAL.—Not later than December 31, 2010, the 

Secretary shall publish a final rule determining whether to 

amend the standards in effect for refrigerators, refrigeratorfreezers, and freezers manufactured on or after January 1, 

2014. 

ø(B) AMENDED STANDARDS.—The final rule shall contain any 

amended standards.¿ 

(4) REFRIGERATORS, REFRIGERATOR-FREEZERS, AND FREEZERS

MANUFACTURED AS OF JANUARY 1, 2014.— 

(A) DEFINITION OF BUILT-IN PRODUCT CLASS.—In this paragraph, the term built-in product class’ means a refrigerator, 

freezer, or refrigerator with a freezer unit that— 

(i) is 7.75 cubic feet or greater in total volume and 24 

inches or less in cabinet depth (not including doors, handles, and custom front panels); 

(ii) is designed to be totally encased by cabinetry or panels attached during installation; 

(iii) is designed to accept a custom front panel or to be 

equipped with an integral factory-finished face; 

(iv) is designed to be securely fastened to adjacent cabinetry, walls, or floors; and 

(v) has 2 or more sides that are not— 

(I) fully finished; and 

(II) intended to be visible after installation. 

(B) MAXIMUM ENERGY USE.— 

(i) IN GENERAL.—Based on the test procedure in effect on 

July 9, 2010, the maximum energy use allowed in kilowatt 

hours per year for each product described in the table conVerDate Mar 15 2010 03:48 May 23, 2011 Jkt 099010 PO 00000 Frm 00030 Fmt 6659 Sfmt 6603 E:\HR\OC\SR018.XXX SR018

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tained in clause (ii) (other than refrigerators and refrigerator-freezers with total refrigerated volume exceeding 39 

cubic feet and freezers with total refrigerated volume exceeding 30 cubic feet) that is manufactured on or after January 1, 2014, is specified in the table contained in that 

clause. 

(ii) STANDARDS EQUATIONS.—The allowed maximum 

energy use referred to in clause (i) is as follows: 

‘‘Standards Equations 

Product Description: 

Automatic Defrost Refrigerator-Freezers: 

Top Freezer w/o TTD ice .......................................................................... 7.35 AV+ 207.0 

Top Freezer w/ TTD ice ........................................................................... 7.65 AV+ 267.0 

Side Freezer w/o TTD ice ........................................................................ 3.68 AV+ 380.6 

Side Freezer w/ TTD ice .......................................................................... 7.58 AV+ 304.5 

Bottom Freezer w/o TTD ice .................................................................... 3.68 AV+ 367.2 

Bottom Freezer w/ TTD ice ...................................................................... 4.0 AV+ 431.2 

Manual & Partial Automatic Refrigerator-Freezers: 

Manual Defrost ....................................................................................... 7.06 AV+ 198.7 

Partial Automatic .................................................................................... 7.06 AV+ 198.7 

All Refrigerators: 

Manual Defrost ....................................................................................... 7.06 AV+ 198.7 

Automatic Defrost ................................................................................... 7.35 AV+ 207.0 

All Freezers: 

Upright with manual defrost .................................................................. 5.66 AV+ 193.7 

Upright with automatic defrost .............................................................. 8.70 AV+ 228.3 

Chest with manual defrost ..................................................................... 7.41 AV+ 107.8 

Chest with automatic defrost ................................................................. 10.33 AV+ 148.1 

Automatic Defrost Refrigerator-Freezers—Compact Size: 

Top Freezer and Bottom Freezer ............................................................. 10.80 AV+ 301.8 

Side Freezer ............................................................................................. 6.08 AV+ 400.8 

Manual & Partial Automatic Refrigerator-Freezers—Compact Size: 

Manual Defrost ....................................................................................... 8.03 AV+ 224.3 

Partial Automatic .................................................................................... 5.25 AV+ 298.5 

All Refrigerators—Compact Size: 

Manual defrost ........................................................................................ 8.03 AV+ 224.3 

Automatic defrost ................................................................................... 9.53 AV+ 266.3 

All Freezers—Compact Size: 

Upright with manual defrost .................................................................. 8.80 AV+ 225.7 

Upright with automatic defrost .............................................................. 10.26 AV+ 351.9 

Chest ....................................................................................................... 9.41AV+ 136.8 

Automatic Defrost Refrigerator-Freezers—Built-ins: 

Top Freezer w/o TTD ice .......................................................................... 7.84 AV+ 220.8 

Side Freezer w/o TTD ice ........................................................................ 3.93 AV+ 406.0 

Side Freezer w/ TTD ice .......................................................................... 8.08 AV+ 324.8 

Bottom Freezer w/o TTD ice .................................................................... 3.91 AV+ 390.2 

Bottom Freezer w/ TTD ice ...................................................................... 4.25 AV+ 458.2 

All Refrigerators—Built-ins: 

Automatic Defrost ................................................................................... 7.84 AV+ 220.8 

All Freezers—Built-ins: 

Upright with automatic defrost .............................................................. 9.32 AV+ 244.6 

(iii) FINAL RULES.— 

(I) IN GENERAL.—Except as provided in subclause 

(II), after the date of publication of each test procedure 

change made pursuant to section 323(b)(23), in accordance with the procedures described in section 323(e)(2), 


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the Secretary shall publish final rules to amend the 

standards specified in the table contained in clause (ii). 

(II) EXCEPTION.—The standards amendment made 

pursuant to the test procedure change required under 

section 323(b)(23)(B) shall be based on the difference 

between— 

(aa) the average measured automatic ice maker 

energy use of a representative sample for each 

product class; and 

(bb) the value assumed by the Department of Energy for icemaker energy use in the test procedure 

published pursuant to section 323(b)(23)(A). 

(III) APPLICABILITY.—Section 323(e)(3) shall not 

apply to the rules described in this clause. 

(iv) FINAL RULE.—The Secretary shall publish any final 

rule required by clause (iii) by not later than the later of 

the date that is 180 days after— 

(I) the date of enactment of this clause; or 

(II) the date of publication of a final rule to amend 

the test procedure described in section 323(b)(23). 

(v) NEW PRODUCT CLASSES.—The Secretary may establish 

1 or more new product classes as part of the final amended 

standard adopted pursuant to the test procedure change required under section 323(b)(23)(B) if the 1 or more new 

product classes are needed to distinguish among products 

with automatic icemakers. 

(vi) EFFECTIVE DATES OF STANDARDS.— (I) STANDARDS AMENDMENT FOR FIRST REVISED TEST

PROCEDURE.—A standards amendment 1 adopted pursuant to a test procedure change required under section 

323(b)(23)(A) shall apply to any product manufactured 

as of January 1, 2014. 

(II) STANDARDS AMENDMENT AFTER REVISED TEST

PROCEDURE FOR ICEMAKER ENERGY.—An amendment 

adopted pursuant to a test procedure change required 

under section 323(b)(23)(B) shall apply to any product 

manufactured as of the date that is 3 years after the 

date of publication of the final rule amending the 

standards. 

(vii) SLOPE AND INTERCEPT ADJUSTMENTS.— 

(I) IN GENERAL.—With respect to refrigerators, freezers, and refrigerator-freezers, the Secretary may, by 

rule, adjust the slope and intercept of the equations 

specified in the table contained in clause (ii)— 

(aa) based on the energy use of typical products 

of various sizes in a product class; and 

(bb) if the average energy use for each of the 

classes is the same under the new equations as 

under the equations specified in the table contained in clause (ii). 

(II) DEADLINE.—If the Secretary adjusts the 

slope and intercept of an equation described in 

subclause (I), the Secretary shall publish the final 

rule containing the adjustment by not later than 

July 1, 2011. 


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(viii) EFFECT.—A final rule published under clause 

(iii) pursuant to the test procedure change required 

under section 323(b)(23)(B) or pursuant to clause (iv) 

shall not be considered to be an amendment to the 

standard for purposes of section 325(m). 

(c) STANDARDS FOR ROOM AIR CONDITIONERS.—(1) The energy efficiency ratio of room air conditioners shall be not less than the following for products manufactured on or after January 1, 1990: 

Product Class Ratio 

Without Reverse Cycle and With Louvered Sides: 

Less than 6,000 Btu ................................................................................................................................................ 8.0 

6,000 to 7,999 Btu .................................................................................................................................................. 8.5 

8,000 to 13,999 Btu ................................................................................................................................................ 9.0 

14,000 to 19,999 Btu .............................................................................................................................................. 8.8 

20,000 and more Btu ............................................................................................................................................... 8.2 

Without Reverse Cycle and Without Louvered Sides: 

Less than 6,000 Btu ................................................................................................................................................ 8.0 

6,000 to 7,999 Btu .................................................................................................................................................. 8.5 

8,000 to 13,999 Btu ................................................................................................................................................ 8.5 

14,000 to 19,999 Btu .............................................................................................................................................. 8.5 

20,000 and more Btu ............................................................................................................................................... 8.2 

With Reverse Cycle and With Louvered Sides ......................................................................................................... 8.5 

With Reverse Cycle, Without Louvered Sides ........................................................................................................... 8.0 

(2)(A) The Secretary shall publish a final rule no later than January 1, 1992, to determine if the standards established under paragraph (1) should be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 1995. 

(B) After January 1, 1992, the Secretary shall publish a final 

rule no later than five years after the date of publication of a previous final rule. The Secretary shall determine in such rule whether to amend the standards in effect for room air conditioners. 

(C) Any amendment prescribed under subparagraph (B) shall 

apply to products manufactured after a date which is five years 

after— 

(i) the effective date of the previous amendment; or 

(ii) if the previous final rule did not amend the standards, 

the earliest date by which a previous amendment could have 

been effective; 

except that in no case may any amended standard apply to 

products manufactured within three years after publication of 

the final rule establishing such amended standard. 

(3) MINIMUM ENERGY EFFICIENCY RATIO OF ROOM AIR CONDITIONERS MANUFACTURED ON OR AFTER JUNE 1, 2014.— 

(A) IN GENERAL.—Based on the test procedure in effect on 

July 9, 2010, the minimum energy efficiency ratios of room air 

conditioners manufactured on or after June 1, 2014, shall not 

be less than that specified in the table contained in subparagraph (B). 

(B) MINIMUM ENERGY EFFICIENCY RATIOS.—The minimum energy efficiency ratios referred to in subparagraph (A) are as follows: 


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‘‘Product Description Minimum EER 

Without Reverse Cycle w/Louvers: 

<6,000 Btu/h ............................................................................................................................................................ 11.2 

6,000 to 7,999 Btu/h ............................................................................................................................................... 11.2 

8,000–13,999 Btu/h ................................................................................................................................................. 11.0 

14,000 to 19,999 Btu/h ........................................................................................................................................... 10.8 

20,000–27,999 Btu/h ............................................................................................................................................... 9.4 

≥28,000 Btu/h .......................................................................................................................................................... 9.0 

Without Reverse Cycle w/o Louvers: 

<6,000 Btu/h ............................................................................................................................................................ 10.2 

6,000 to 7,999 Btu/h ............................................................................................................................................... 10.2 

8,000–10,999 Btu/h ................................................................................................................................................. 9.7 

11,000–13,999 Btu/h ............................................................................................................................................... 9.6 

14,000 to 19,999 Btu/h ........................................................................................................................................... 9.4 

≥20,000 Btu/h .......................................................................................................................................................... 9.4 

With Reverse Cycle: 

<20,000 w/Louvers Btu/h ........................................................................................................................................ 9.9 

≥20,000 w/Louvers Btu/h ........................................................................................................................................ 9.4 

<14,000 w/o Louvers Btu/h ..................................................................................................................................... 9.4 

≥14,000 w/o Louvers Btu/h ..................................................................................................................................... 8.8 

Casement: 

Casement Only ......................................................................................................................................................... 9.6 

Casement-Slider ....................................................................................................................................................... 10.5 

(C) FINAL RULE.— (i) IN GENERAL.—Not later than July 1, 2011, pursuant 

to the test procedure adopted by the Secretary on January 

6, 2011, the Secretary shall amend the standards specified 

in the table contained in subparagraph (B) in accordance 

with the procedures described in section323 (e)(2). 

(ii) STANDBY AND OFF MODE ENERGY CONSUMPTION.— (I) IN GENERAL.—The Secretary shall integrate 

standby and off mode energy consumption into the 

amended energy efficiency ratios standards required 

under clause (i). 

(II) REQUIREMENTS.—The amended standards described in subclause (I) shall reflect the levels of standby and off mode energy consumption that meet the criteria described in section 325(o). 

(iii) APPLICABILITY.— (I) AMENDMENT OF STANDARD.—Section 323(e)(3) 

shall not apply to the amended standards described in 

clause (i). 

(II) AMENDED STANDARDS.—The amended standards 

required by this subparagraph shall apply to products 

manufactured on or after June 1, 2014. 

* * * * * * * 

(d) STANDARDS FOR CENTRAL AIR CONDITIONERS AND HEAT

PUMPS.—(1) The seasonal energy efficiency ratio of central air conditioners and central air conditioning heat pumps shall be not less 

than the following: 

(A) Split Systems: 10.0 for products manufactured on or after 

January 1, 1992. 

(B) Single Package Systems: 9.7 for products manufactured 

on or after January 1, 1993. 

(2) The heating seasonal performance factor of central air conditioning heat pumps shall be not less than the following: 

(A) Split Systems: 6.8 for products manufactured on or after 

January 1, 1992. 


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(B) Single Package Systems: 6.6 for products manufactured 

on or after January 1, 1993. 

* * * * * * * 

(4) CENTRAL AIR CONDITIONERS AND HEAT PUMPS (EXCEPT

THROUGH-THE-WALL CENTRAL AIR CONDITIONERS, THROUGH-THE- WALL CENTRAL AIR CONDITIONING HEAT PUMPS, AND SMALL DUCT, HIGH VELOCITY SYSTEMS) MANUFACTURED ON OR AFTER JANUARY 1, 2015.— (A) BASE NATIONAL STANDARDS.— (i) SEASONAL ENERGY EFFICIENCY RATIO.—The seasonal 

energy efficiency ratio of central air conditioners and central air conditioning heat pumps manufactured on or after 

January 1, 2015, shall than the following: 

(I) Split Systems: 13 for central air conditioners and 

14 for heat pumps. 

(II) Single Package Systems: 14. 

(ii) HEATING SEASONAL PERFORMANCE FACTOR.—The 

heating seasonal performance factor of central air conditioning heat pumps manufactured on or after January 1, 

2015, shall than the following: 

(I) Split Systems: 8.2. 

(II) Single Package Systems: 8.0. 

(B) REGIONAL STANDARDS.— (i) SEASONAL ENERGY EFFICIENCY RATIO.—The seasonal 

energy efficiency ratio of central air conditioners and central air conditioning heat pumps manufactured on or after 

January 1, 2015, and installed in States having historical 

average annual, population weighted, heating degree days 

less than 5,000 (specifically the States of Alabama, Arizona, Arkansas, California, Delaware, Florida, Georgia, 

Hawaii, Kentucky, Louisiana, Maryland, Mississippi, Nevada, New Mexico, North Carolina, Oklahoma, South 

Carolina, Tennessee, Texas, and Virginia) or in the District 

of Columbia, the Commonwealth of Puerto Rico, or any 

other territory or possession of the United States shall not 

be less than the following: 

(I) Split Systems: 14 for central air conditioners and 

14 for heat pumps. 

(II) Single Package Systems: 14. 

(ii) ENERGY EFFICIENCY RATIO.—The energy efficiency 

ratio of central air conditioners (not including heat pumps) 

manufactured on or after January 1, 2015, and installed in 

the State of Arizona, California, New Mexico, or Nevada 

shall not be less than the following: 

(I) Split Systems: 12.2 for split systems having a 

rated cooling capacity less than 45,000 BTU per hour 

and 11.7 for products having a rated cooling capacity 

equal to or greater than 45,000 BTU per hour. 

(II) Single Package Systems: 11.0. 

(iii) APPLICATION OF SUBSECTION (O)(6).—Subsection (o)(6) 

shall apply to the regional standards set forth in this subparagraph. 

(C) AMENDMENT OF STANDARDS.— (i) IN GENERAL.—Not later than January 1, 2017, the 

Secretary shall publish a final rule to determine whether 


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the standards in effect for central air conditioners and central air conditioning heat pumps should be amended. 

(ii) APPLICATION.—The rule shall provide that any 

amendments shall apply to products manufactured on or 

after January 1, 2022. 

(D) CONSIDERATION OF ADDITIONAL PERFORMANCE STANDARDS

OR EFFICIENCY CRITERIA.— (i) FORUM.—Not later than 4 years in advance of the expected publication date of a final rule for central air conditioners and heat pumps under subparagraph (C), the Secretary shall convene and facilitate a forum for interested 

persons that are fairly representative of relevant points of 

view (including representatives of manufacturers of the covered product, States, and efficiency advocates), as determined by the Secretary, to consider adding additional performance standards or efficiency criteria in the forthcoming 

rule. 

(ii) RECOMMENDATION.—If, within 1 year of the initial 

convening of such a forum, the Secretary receives a recommendation submitted jointly by such representative interested persons to add 1 or more performance standards or 

efficiency criteria, the Secretary shall incorporate the performance standards or efficiency criteria in the rulemaking 

process, and, if justified under the criteria established in 

this section, incorporate such performance standards or efficiency criteria in the revised standard. 

(iii) NO RECOMMENDATION.—If no such joint recommendation is made within1 year of the initial convening 

of such a forum, the Secretary may add additional performance standards or efficiency criteria if the Secretary 

finds that the benefits substantially exceed the burdens of 

the action. 

(E) NEW CONSTRUCTION LEVELS.— (i) IN GENERAL.—As part of any final rule concerning 

central air conditioner and heat pump standards published 

after June 1, 2013, the Secretary shall determine if the 

building code levels specified in section 327(f)(3)(C) should 

be amended subject to meeting the criteria of subsection (o) 

when applied specifically to new construction. 

(ii) EFFECTIVE DATE.—Any amended levels shall not take 

effect before January 1, 2018. 

(iii) AMENDED LEVELS.—The final rule shall contain the 

amended levels, if any. 

(5) STANDARDS FOR THROUGH-THE-WALL CENTRAL AIR CONDITIONERS, THROUGH-THE-WALL CENTRAL AIR CONDITIONING HEAT

PUMPS, AND SMALL DUCT, HIGH VELOCITY SYSTEMS.— 

(A) DEFINITIONS.—In this paragraph: 

(i) SMALL DUCT, HIGH VELOCITY SYSTEM.—The term 

‘small duct, high velocity system’ means a heating and cooling product that contains a blower and indoor coil combination that— 

(I) is designed for, and produces, at least 1.2 inches 

of external static pressure when operated at the certified air volume rate of 220–350 CFM per rated ton of 

cooling; and 


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(II) when applied in the field, uses high velocity 

room outlets generally greater than 1,000 fpm that 

have less than 6.0 square inches of free area. 

(ii) THROUGH-THE-WALL CENTRAL AIR CONDITIONER; 

THROUGH-THE-WALL CENTRAL AIR CONDITIONING HEAT

PUMP.—The terms ‘through-the-wall central air conditioner’ 

and ‘through-the-wall central air conditioning heat pump’ 

mean a central air conditioner or heat pump, respectively, 

that is designed to be installed totally or partially within 

a fixed-size opening in an exterior wall, and— 

(I) is not weatherized; 

(II) is clearly and permanently marked for installation only through an exterior wall; 

(III) has a rated cooling capacity no greater than 

30,000 Btu/hr; 

(IV) exchanges all of its outdoor air across a single 

surface of the equipment cabinet; and 

(V) has a combined outdoor air exchange area of less 

than 800 square inches (split systems) or less than 

1,210 square inches (single packaged systems) as measured on the surface area described in subclause (IV). 

(iii) REVISION.—The Secretary may revise the definitions 

contained in this subparagraph through publication of a 

final rule. 

(B) SMALL-DUCT HIGH-VELOCITY SYSTEMS.— 

(i) SEASONAL ENERGY EFFICIENCY RATIO.—The seasonal 

energy efficiency ratio for small-duct high-velocity systems 

shall be not less than 11.00 for products manufactured on 

or after January 23, 2006. 

(ii) HEATING SEASONAL PERFORMANCE FACTOR.—The 

heating seasonal performance factor for small-duct high-velocity systems shall be not less than 6.8 for products manufactured on or after January 23, 2006. 

(C) RULEMAKING.— 

(i) IN GENERAL.—Not later than June 30, 2011, the Secretary shall publish a final rule to determine whether 

standards for through-the-wall central air conditioners, 

through-the-wall central air conditioning heat pumps and 

small duct, high velocity systems should be amended. 

(ii) APPLICATION.—The rule shall provide that any new 

or amended standard shall apply to products manufactured on or after June 30, 2016. 

(e) STANDARDS FOR WATER HEATERS; POOL HEATERS; DIRECT

HEATING EQUIPMENT.—(1) The energy factor of water heaters shall 

be not less than the following for products manufactured on or 

after January 1, 1990: 

(A) Gas Water Heater: .62—(.0019 × Rated Storage Volume 

in gallons) 

(B) Oil Water Heater: .59—(.0019 × Rated Storage Volume in 

gallons) 

(C) Electric Water Heater: .95—(.00132 × Rated Storage Volume in gallons) 

ø(2) The thermal efficiency of pool heaters¿ 

(2) POOL HEATERS.— 


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(A) GAS-FIRED POOL HEATERS.—The thermal efficiency of gasfired pool heaters manufactured on or after January 1, 1990, 

shall not be less than 78 percent. 

(B) HEAT PUMP POOL HEATERS.—Heat pump pool heaters 

manufactured on or after the date of enactment of this subparagraph shall have a minimum coefficient of performance of 4.0. 

* * * * * * * 

(4)(A) The Secretary shall publish final rules no later than January 1, 1992, to determine whether the standards established by 

paragraph (1), (2), or (3) for water heaters, pool heaters, and direct 

heating equipment should be amended. Such rule shall provide 

that any amendment shall apply to products manufactured on or 

after January 1, 1995. 

(B) The Secretary shall publish a final rule no later than January 1, 2000, to determine whether standards in effect for such 

products should be amended. Such rule shall provide that any such 

amendment shall apply to products manufactured on or after January 1, 2005. 

(5) UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER HEATERS.— 

(A) DEFINITIONS.—In this paragraph: 

(i) COVERED WATER HEATER.—The term covered water 

heater’ means— 

(I) a water heater; and 

(II) a storage water heater, instantaneous water heater, and unfired water storage tank (as defined in section 340). 

(ii) FINAL RULE.—The term ‘final rule’ means the final 

rule published under this paragraph. 

(B) PUBLICATION OF FINAL RULE.—Not later than 180 days 

after the date of enactment of this paragraph, the Secretary 

shall publish a final rule that establishes a uniform efficiency 

descriptor and accompanying test methods for covered water 

heaters. 

(C) PURPOSE.—The purpose of the final rule shall be to replace with a uniform efficiency descriptor— 

(i) the energy factor descriptor for water heaters established under this subsection; and 

(ii) the thermal efficiency and standby loss descriptors for 

storage water heaters, instantaneous water heaters, and 

unfired water storage tanks established under section 

342(a)(5). 

(D) EFFECT OF FINAL RULE.—(i) IN GENERAL.—Notwithstanding any other provision of this title, effective beginning on 

the effective date of the final rule, the efficiency standard for 

covered water heaters shall be denominated according to the efficiency descriptor established by the final rule. 

(ii) EFFECTIVE DATE.—The final rule shall take effect 1 year 

after the date of publication of the final rule under subparagraph (B). 

(E) CONVERSION FACTOR.— 

(i) IN GENERAL.—The Secretary shall develop a mathematical conversion factor for converting the measurement of 

efficiency for covered water heaters from the test procedures 


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in effect on the date of enactment of this paragraph to the 

new energy descriptor established under the final rule. 

(ii) APPLICATION.—The conversion factor shall apply to 

models of covered water heaters affected by the final rule 

and tested prior to the effective date of the final rule. 

(iii) EFFECT ON EFFICIENCY REQUIREMENTS.—The conversion factor shall not affect the minimum efficiency requirements for covered water heaters otherwise established 

under this title. 

(iv) USE.—During the period described in clause (v), a 

manufacturer may apply the conversion factor established 

by the Secretary to rerate existing models of covered water 

heaters that are in existence prior to the effective date of the 

rule described in clause (v)(II) to comply with the new efficiency descriptor. 

(v) PERIOD.—Subclause (E) shall apply during the period— 

(I) beginning on the date of publication of the conversion factor in the Federal Register; and 

(II) ending on April 16, 2015. 

(F) EXCLUSIONS.—The final rule may exclude a specific category of covered water heaters from the uniform efficiency 

descriptor established under this paragraph if the Secretary determines that the category of water heaters— 

(i) does not have a residential use and can be clearly described in the final rule; and 

(ii) are effectively rated using the thermal efficiency and 

standby loss descriptors applied (on the date of enactment 

of this paragraph) to the category under section 342(a)(5). 

(G) OPTIONS.—The descriptor set by the final rule may be— 

(i) a revised version of the energy factor descriptor in use 

on the date of enactment of this paragraph; 

(ii) the thermal efficiency and standby loss descriptors in 

use on that date; 

(iii) a revised version of the thermal efficiency and standby loss descriptors; 

(iv) a hybrid of descriptors; or 

(v) a new approach. 

(H) APPLICATION.—The efficiency descriptor and accompanying test method established under the final rule shall 

apply, to the maximum extent practicable, to all water heating 

technologies in use on the date of enactment of this paragraph 

and to future water heating technologies. 

(I) PARTICIPATION.—The Secretary shall invite interested 

stakeholders to participate in the rulemaking process used to establish the final rule. 

(J) TESTING OF ALTERNATIVE DESCRIPTORS.—In establishing 

the final rule, the Secretary shall contract with the National Institute of Standards and Technology, as necessary, to conduct 

testing and simulation of alternative descriptors identified for 

consideration. 

(K) EXISTING COVERED WATER HEATERS.—A covered water 

heater shall be considered to comply with the final rule on and 

after the effective date of the final rule and with any revised laVerDate Mar 15 2010 03:48 May 23, 2011 Jkt 099010 PO 00000 Frm 00039 Fmt 6659 Sfmt 6603 E:\HR\OC\SR018.XXX SR018

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beling requirements established by the Federal Trade Commission to carry out the final rule if the covered water heater— 

(i) was manufactured prior to the effective date of the 

final rule; and 

(ii) complied with the efficiency standards and labeling 

requirements in effect prior to the final rule. 

* * * * * * * 

(f) STANDARDS FOR FURNACES AND BOILERS.—(1) Furnaces (other 

than furnaces designed solely for installation in mobile homes) 

manufactured on or after January 1, 1992, shall have an annual 

fuel utilization efficiency of not less than 78 percent, except that— 

(A) boilers (other than gas steam boilers) shall have an annual fuel utilization efficiency of not less than 80 percent and 

gas steam boilers shall have an annual fuel utilization efficiency of not less than 75 percent; and 

(B) the Secretary shall prescribe a final rule not later than 

January 1, 1989, establishing an energy conservation standard— 

(i) which is for furnaces (other than furnaces designed 

solely for installation in mobile homes) having an input of 

less than 45,000 Btu per hour and manufactured on or 

after January 1, 1992; 

(ii) which provides that the annual fuel utilization efficiency of such furnaces shall be a specific percent which is 

not less than 71 percent and not more than 78 percent; 

and 

(iii) which the Secretary determines is not likely to result in a significant shift from gas heating to electric resistance heating with respect to either residential construction or furnace replacement. 

(2) Furnaces which are designed solely for installation in mobile 

homes and which are manufactured on or after September 1, 1990, 

shall have an annual fuel utilization efficiency of not less than 75 

percent. 

* * * * * * * 

(5) NON-WEATHERIZED FURNACES (INCLUDING MOBILE HOME FURNACES, BUT NOT INCLUDING BOILERS) MANUFACTURED ON OR AFTER

MAY 1, 2013, AND WEATHERIZED FURNACES MANUFACTURED ON OR

AFTER JANUARY 1, 2015.— 

(A) BASE NATIONAL STANDARDS.— (i) NON-WEATHERIZED FURNACES.—The annual fuel utilization efficiency of non-weatherized furnaces manufactured 

on or after May 1, 2013, shall be not less than the following: 

(I) Gas furnaces, a level determined by the Secretary 

in a final rule published not later than June 30, 2011. 

(II) Oil furnaces, 83 percent. 

(ii) WEATHERIZED FURNACES.—The annual fuel utilization efficiency of weatherized gas furnaces manufactured on 

or after January 1, 2015, shall be not less than 81 percent. 

(B) REGIONAL STANDARD.— 

(i) ANNUAL FUEL UTILIZATION EFFICIENCY.—Not later 

than June 30, 2011, the Secretary shall— 


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(I) publish a final rule determining whether to establish a standard for the annual fuel utilization efficiency of non-weatherized gas furnaces manufactured 

on or after May 1, 2013, and installed in States having 

historical average annual, population weighted, heating degree days equal to or greater than 5,000 (specifically the States of Alaska, Colorado, Connecticut, 

Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North 

Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, 

South Dakota, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming); and 

(II) include in the final rule described in subclause 

(I) any regional standard established under this subparagraph. 

(ii) APPLICATION OF SUBSECTION (O)(6).—Subsection (o)(6) 

shall apply to any regional standard established under this 

subparagraph. 

(C) AMENDMENT OF STANDARDS.— (i) NON-WEATHERIZED FURNACES.— (I) IN GENERAL.—Not later than January 1, 2014, the 

Secretary shall publish a final rule to determine 

whether the standards in effect for non-weatherized 

furnaces should be amended. 

(II) APPLICATION.—The rule shall provide that any 

amendments shall apply to products manufactured on 

or after January 1, 2019. 

(ii) WEATHERIZED FURNACES.— (I) IN GENERAL.—Not later than January 1, 2017, the 

Secretary shall publish a final rule to determine 

whether the standard in effect for weatherized furnaces 

should be amended. 

(II) APPLICATION.—The rule shall provide that any 

amendments shall apply to products manufactured on 

or after January 1, 2022. 

(D) NEW CONSTRUCTION LEVELS.— (i) IN GENERAL.— (I) FINAL RULE PUBLISHED AFTER JANUARY 1, 2011.— As part of any final rule concerning furnace standards 

published after January 1, 2011, the Secretary shall establish the building code levels referred to in subclauses (I)(aa), (II)(aa), and (III)(aa) of section 

327(f)(3)(C)(i) subject to meeting the criteria of subsection (o) when applied specifically to new construction. 

(II) FINAL RULE PUBLISHED AFTER JUNE 1, 2013.—As 

part of any final rule concerning furnace standards 

published after June 1, 2013, the Secretary shall determine if the building code levels specified in or pursuant to section 327(f)(3)(C) should be amended subject to 

meeting the criteria of subsection (o) when applied specifically to new construction. 

(ii) EFFECTIVE DATE.—Any amended levels shall not take 

effect before January 1, 2018. 


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(iii) AMENDED LEVELS.—The final rule shall contain the 

amended levels, if any. 

(g) STANDARDS FOR DISHWASHERS; CLOTHES WASHERS; CLOTHES

DRYERS, FLUORESCENT LAMP BALLASTS.—(1) Dishwashers manufactured on or after January 1, 1988, shall be equipped with an option to dry without heat. 

(2) All rinse cycles of clothes washers shall include an unheated 

water option, but may have a heated water rinse option, for products manufactured on or after January 1, 1988. 

(3) Gas clothes dryers shall not be equipped with a constant 

burning pilot for products manufactured on or after January 1, 

1988. 

(4)(A) The Secretary shall publish final rules no later than January 1, 1990, to determine if the standards established under this 

subsection for products described in paragraphs (1), (2), and (3) 

should be amended. Such rules shall provide that any amendment 

shall apply to products the manufacture of which is completed on 

or after January 1, 1993. 

* * * * * * * 

(C) Any such amendment shall apply to products manufactured 

after a date which is five years after— 

(i) the effective date of the previous amendment; or 

(ii) if the previous final rule did not amend the standard, the 

earliest date by which a previous amendment could have been 

in effect; except that in no case may any amended standard 

apply to products manufactured within 3 years after publication of the final rule establishing such standard. 

(D) MINIMUM ENERGY FACTORS FOR CLOTHES DRYERS.— (i) IN GENERAL.—Based on the test procedure in effect as of 

July 9, 2010, clothes dryers manufactured on or after January 

1, 2015, shall comply with the minimum energy factors specified in the table contained in clause (ii). 

(ii) NEW STANDARDS.—The minimum energy factors referred 

to in clause (i) are as follows: 

‘‘Product Description EF 

Vented Electric Standard ......................................................................................................................................... 3.17. 

Vented Electric Compact 120V ................................................................................................................................ 3.29. 

Vented Electric Compact 240V ................................................................................................................................ 3.05. 

Vented Gas ............................................................................................................................................................... 2.81. 

Vent-Less Electric Compact 240V ............................................................................................................................ 2.37. 

Vent-Less Electric Combination Washer/Dryer ......................................................................................................... 1.95. 

(iii) FINAL RULE.— 

(I) REQUIREMENTS.— 

(aa) IN GENERAL.—The final rule to amend the 

clothes dryer test procedure adopted pursuant to section 323(b)(24)(B) shall amend the energy factors 

standards specified in the table contained in clause (ii) 

in accordance with the procedures described in section 

323(e)(2). 

(bb) REPRESENTATIVE SAMPLE.—To establish a representative sample of compliant products, the Secretary 

shall select a sample of minimally compliant dryers 

that automatically terminate the drying cycle at not 

less than 4 percent remaining moisture content. 


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(II) STANDBY AND OFF MODE ENERGY CONSUMPTION.— (aa) INTEGRATION.—The Secretary shall integrate 

standby and off mode energy consumption into the 

amended standards required under subclause (I). 

(bb) REQUIREMENTS.—The amended standards described in item (aa) shall reflect levels of standby and 

off mode energy consumption that meet the criteria described in section 325(o). 

(III) APPLICABILITY.— (aa) AMENDMENT OF STANDARD.—Section 323(e)(3) 

shall not apply to the amended standards described in 

subclause 5(I). 

(bb) AMENDED STANDARDS.—The amended standards 

required by this clause shall apply to products manufactured on or after january 1, 2015. 

(iv) OTHER STANDARDS.—Any dryer energy conservation 

standard that takes effect after the date of enactment of this 

subparagraph but before the amended standard required by 

this subparagraph shall not apply. 

(5) Except as provided in paragraph (6), each fluorescent lamp 

ballast— 

(A)(i) manufactured on or after January 1, 1990; 

(ii) sold by the manufacturer on or after April 1, 1990; or 

(iii) incorporated into a luminaire by a luminaire manufacturer on or after April 1, 1991; and 

(B) designed— 

(i) to operate at nominal input voltages of 120 or 277 

volts; 

(ii) to operate with an input current frequency of 60 

Hertz; and 

(iii) for use in connection with an F40T12, F96T12, or 

F96T12HO lamps; 

shall have a power factor of 0.90 or greater and shall have a 

ballast efficacy factor not less than the following: 

Application for operation of Ballast input voltage Total nominal lamp watts Ballast efficacy factor 

One F40T12 lamp ....................................... 120 40 1.805 

277 40 1.805 

Two F40T12 lamps ...................................... 120 80 1.060 

277 80 1.050 

Two F96T12 lamps ...................................... 120 150 0.570 

277 150 0.570 

Two F96T12HO lamps ................................. 120 220 0.390 

277 220 0.390 

(6) The standards described in paragraph (5) do not apply to (A) 

a ballast which is designed for dimming or for use in ambient temperatures of 0 F or less, or (B) a ballast which has a power factor 

of less than 0.90 and is designed and labeled for use only in residential building applications. 

(7)(A) The Secretary shall publish a final rule no later than January 1, 1992, to determine if the standards established under paragraph (5) should be amended, including whether such standards 

should be amended so that they would be applicable to ballasts described in paragraph (6) and other fluorescent lamp ballasts. Such 

rule shall contain such amendment, if any, and provide that the 


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amendment shall apply to products manufactured on or after January 1, 1995. 

(B) After January 1, 1992, the Secretary shall publish a final 

rule no later than five years after the date of publication of a previous final rule. The Secretary shall determine in such rule whether to amend the standards in effect for fluorescent lamp ballasts, 

including whether such standards should be amended so that they 

would be applicable to additional fluorescent lamp ballasts. 

(C) Any amendment prescribed under subparagraph (B) shall 

apply to products manufactured after a date which is five years 

after— 

(i) the effective date of the previous amendment; or 

(ii) if the previous final rule did not amend the standards, 

the earliest date by which a previous amendment could have 

been effective; 

except that in no case may any amended standard apply to products manufactured within three years after publication of the final 

rule establishing such amended standard. 

(8)(A) Each fluorescent lamp ballast (other than replacement ballasts or ballasts described in subparagraph (C))— 

(i)(I) manufactured on or after July 1, 2009; 

(II) sold by the manufacturer on or after October 1, 2009; or 

(III) incorporated into a luminaire by a luminaire manufacturer on or after July 1, 2010; and 

(ii) designed— 

(I) to operate at nominal input voltages of 120 or 277 

volts; 

(II) to operate with an input current frequency of 60 

Hertz; and 

(III) for use in connection with F34T12 lamps, F96T12/ 

ES lamps, or F96T12HO/ES lamps; 

shall have a power factor of 0.90 or greater and shall have a 

ballast efficacy factor of not less than the following: 

Application for operation of Ballast input voltage Total nominal lampwatts Ballast efficacy factor 

One F34T12 lamp ....................................... 120/277 34 2.61 

Two F34T12 lamps ...................................... 120/277 68 1.355 

Two F96T12/ES lamps ................................ 120/277 120 0.77 

Two F96T12HO/ES lamps ............................ 120/277 190 0.42 

(B) The standards described in subparagraph (A) shall apply to 

all ballasts covered by subparagraph (A)(ii) that are manufactured 

on or after July 1, 2010, or sold by the manufacturer on or after 

October 1, 2010. 

(C) The standards described in subparagraph (A) do not apply 

to— 

(i) a ballast that is designed for dimming to 50 percent or 

less of the maximum output of the ballast; 

(ii) a ballast that is designed for use with 2 F96T12HO 

lamps at ambient temperatures of ø20F¿ ¥20F or less and for 

use in an outdoor sign; or 

(iii) a ballast that has a power factor of less than 0.90 and 

is designed and labeled for use only in residential applications. 

(9) RESIDENTIAL CLOTHES WASHERS MANUFACTURED ON OR AFTER

JANUARY 1, 2011.— 


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(A) IN GENERAL.—A top-loading or front-loading standardsize residential clothes washer manufactured on or after January 1, 2011, shall have— 

(i) a Modified Energy Factor of at least 1.26; and 

(ii) a water factor of not more than 9.5. 

ø(B) AMENDMENT OF STANDARDS.— 

ø(i) IN GENERAL.—Not later than December 31, 2011, the 

Secretary shall publish a final rule determining whether to 

amend the standards in effect for clothes washers manufactured on or after January 1, 2015. 

ø(ii) AMENDED STANDARDS.—The final rule shall contain 

any amended standards.¿ 

(B) AMENDMENT OF STANDARDS.— 

(i) PRODUCTS MANUFACTURED ON OR AFTER JANUARY 1, 

2015.— 

(I) IN GENERAL.—Based on the test procedure in effect on July 9, 2010, clothes washers manufactured on 

or after January 1, 2015, shall comply with the minimum modified energy factors and maximum water 

factors specified in the table contained in subclause 

(II). 

(II) STANDARDS.—The minimum modified energy factors and maximum water factors referred to in subclause (I) are as follows: 

MEF WF 

Top Loading—Standard .................................................................................................................. 1.72 8.0 

Top Loading—Compact ................................................................................................................... 1.26 14.0 

Front Loading—Standard ................................................................................................................ 2.2 4.5 

Front Loading—Compact (less than 1.6 cu. ft. capacity) ............................................................. 1.72 8.0. 

(ii) PRODUCTS MANUFACTURED ON OR AFTER JANUARY 1, 

2018.— 

(I) IN GENERAL.—Based on the test procedure in effect on July 9, 2010, top-loading clothes washers manufactured on or after January 1, 2018, shall comply 

with the minimum modified energy factors and maximum water factors specified in the table contained in 

subclause (II). 

(II) STANDARDS.—The minimum modified energy factors and maximum water factors referred to in subclause (I) are as follows: 

MEF WF 

Top Loading—Standard .................................................................................................................. 2.0 6.0 

Top Loading—Compact ................................................................................................................... 1.81 11.6. 

(iii) FINAL RULE.— (I) IN GENERAL.—The final rule to amend the clothes 

washer test procedure adopted pursuant to section 

323(b)(24)(A) shall amend the standards described in 

clauses (i) and (ii) in accordance with the procedures 

described in section 323(e)(2). 

(II) STANDBY AND OFF MODE ENERGY CONSUMP- TION.— 


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(aa) INTEGRATION.—The Secretary shall integrate standby and off mode energy consumption 

into the amended modified energy factor standards 

required under subclause (I). 

(bb) REQUIREMENTS.—The amended modified 

energy factor standards described in item (aa) 

shall reflect levels of standby and off mode energy 

consumption that meet the criteria described in 

section 325(o). 

(III) APPLICABILITY.— 

(aa) AMENDMENT OF STANDARD.—Section 

323(e)(3) shall not apply to the amended standards 

described in subclause (I). 

(bb) AMENDED STANDARDS FOR PRODUCTS MANUFACTURED ON OR AFTER JANUARY 1, 2015.— Amended standards required by this clause that are 

based on clause (i) shall apply to products manufactured on or after January 1, 2015. 

(cc) AMENDED STANDARDS FOR PRODUCTS MANUFACTURED ON OR AFTER JANUARY 1, 2018.— Amended standards required by this clause that are 

based on clause (ii) shall apply to products manufactured on or after January 1, 2018. 

* * * * * * * 

(10) RESIDENTIAL DISHWASHERS MANUFACTURED ON OR AFTER

JANUARY 1, 2010.— 

ø(A IN GENERAL.—A dishwasher manufactured on or after 

January 1, 2010, shall— 

ø(i) for a standard size dishwasher not exceed 355 kWh/ 

year and 6.5 gallons per cycle; and 

ø(ii) for a compact size dishwasher not exceed 260 kWh/ 

year and 4.5 gallons per cycle.¿ 

(A) DISHWASHERS MANUFACTURED ON OR AFTER JANUARY 1, 

2010.—A dishwasher manufactured on or after January 1, 2010, 

shall— 

(i) for a standard size dishwasher, not exceed 355 kilowatt hours per year and 6.5 gallons per cycle; and 

(ii) for a compact size dishwasher, not exceed 260 kilowatt hours per year and 4.5 gallons per cycle. 

(B) DISHWASHERS MANUFACTURED ON OR AFTER JANUARY 1, 

2013.—A dishwasher manufactured on or after January 1, 2013, 

shall— 

(i) for a standard size dishwasher, not exceed 307 kilowatt hours per year and 5.0 gallons per cycle; and 

(ii) for a compact size dishwasher, not exceed 222 kilowatt hours per year and 3.5 gallons per cycle. 

(C) REQUIREMENTS OF FINAL RULES.— 

(i) IN GENERAL.—Any final rule to amend the dishwasher 

test procedure after July 9, 2010, and before January 1, 

2013, shall amend the standards described in subparagraph (B) in accordance with the procedures described in 

section 323(e)(2). 

(ii) APPLICABILITY.— 


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(I) AMENDMENT OF STANDARD.—Section 323(e)(3) 

shall not apply to the amended standards described in 

clause (i). 

(II) AMENDED STANDARDS.—The amended standards 

required by this subparagraph shall apply to products 

manufactured on or after January 1, 2013. 

ø(B)¿ (D) AMENDMENT OF STANDARDS.— (i) IN GENERAL.—Not later than January 1, 2015, the 

Secretary shall publish a final rule determining whether to 

amend the standards for dishwashers manufactured on or 

after January 1, 2018. 

(ii) AMENDED STANDARDS.—The final rule shall contain any 

amended standards. 

* * * * * * * 

(h) STANDARDS FOR KITCHEN RANGES AND OVENS.— 

* * * * * * * 

øi GENERAL SERVICE FLUORESCENT LAMPS, GENERAL SERVICE INCANDESCENT LAMPS, INTERMEDIATE BASE INCANDESCENT LAMPS, 

CANDELABRA BASE INCANDESCENT LAMPS, AND INCANDESCENT REFLECTOR LAMPS.— 

ø1 STANDARDS.— 

ø(A) DEFINITION OF EFFECTIVE DATE.—In this paragraph 

(other than subparagraph (D)), the term ‘‘effective date’’ 

means, with respect to each type of lamp specified in a 

table contained in subparagraph (B), the last day of the 

period of months corresponding to that type of lamp (as 

specified in the table) that follows October 24, 1992. 

ø(B) MINIMUM STANDARDS.—Each of the following general service fluorescent lamps and incandescent reflector 

lamps manufactured after the effective date specified in 

the tables contained in this paragraph shall meet or exceed the following lamp efficacy and CRI standards: 

øFLUORESCENT LAMPS 

Lamp Type Nominal Lamp 

Wattage Minimum CRI Minimum Average Lamp Efficacy (LPW) 

Effective Date 

(Period of Months) 

4-foot medium bi-pin ............................ >35 W 69 75.0 36 

................................................................ ≤35 W 45 75.0 36 

2-foot U-shaped ..................................... >35 W 69 68.0 36 

................................................................ ≤35 W 45 64.0 36 

8-foot-slimline ....................................... >65 W 69 80.0 18 

................................................................ ≤65 W 45 80.0 18 

8-foot high output ................................. >100 W 69 80.0 18 

................................................................ ≤100 W 45 80.0 18. 

øINCANDESCENT REFLECTOR LAMPS 

Nominal Lamp Wattage Minimum Average 

Lamp Efficacy (LPW) 

Effective Date 

<LI>(Period of 

Months) 

40–50 .......................................................................................................................... 10.5 36 

51–66 .......................................................................................................................... 11.0 36 

67–85 .......................................................................................................................... 12.5 36 

86–115 ........................................................................................................................ 14.0 36 

116–155 ...................................................................................................................... 14.5 36 

156–205 ...................................................................................................................... 15 36. 


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ø(C) EXEMPTIONS.—The standards specified in subparagraph (B) shall not apply to the following types of incandescent reflector lamps: 

ø(i) Lamps rated at 50 watts or less that are ER30, 

BR30, BR40, or ER40 lamps. 

ø(ii) Lamps rated at 65 watts that are BR30, BR40, 

or ER40 lamps. 

ø(iii) R20 incandescent reflector lamps rated 45 

watts or less. 

ø(D) EFFECTIVE DATES.— ø(i) ER, BR, AND BPAR LAMPS.—The standards specified in subparagraph (B) shall apply with respect to 

ER incandescent reflector lamps, BR incandescent reflector lamps, BPAR incandescent reflector lamps, and 

similar bulb shapes on and after January 1, 2008. 

ø(ii) LAMPS BETWEEN 2.25–2.75 INCHES IN DIAME- TER.—The standards specified in subparagraph (B) 

shall apply with respect to incandescent reflector 

lamps with a diameter of more than 2.25 inches, but 

not more than 2.75 inches, on and after the later of 

January 1, 2008, or the date that is 180 days after the 

date of enactment of the Energy Independence and Security Act of 2007. 

ø(2) Notwithstanding section 332(a)(5) and section 332(b), it 

shall not be unlawful for a manufacturer to sell a lamp which 

is in compliance with the law at the time such lamp was manufactured. 

ø(3) Not less than 36 months after the date of the enactment 

of this subsection, the Secretary shall initiate a rulemaking 

procedure and shall publish a final rule not later than the end 

of the 54-month period beginning on the date of the enactment 

of this subsection to determine if the standards established 

under paragraph (1) should be amended. Such rule shall contain such amendment, if any, and provide that the amendment 

shall apply to products manufactured on or after the 36-month 

period beginning on the date such final rule is published. 

ø(4) Not less than eight years after the date of the enactment of this subsection, the Secretary shall initiate a rulemaking procedure and shall publish a final rule not later than 

nine years and six months after the date of the enactment of 

this subsection to determine if the standards in effect for fluorescent lamps and incandescent lamps should be amended. 

Such rule shall contain such amendment, if any, and provide 

that the amendment shall apply to products manufactured on 

or after the 36-month period beginning on the date such final 

rule is published. 

ø(5) Not later than the end of the 24-month period beginning 

on the date labeling requirements under section 324(a)(2)(C) 

become effective, the Secretary shall initiate a rulemaking procedure to determine if the standards in effect for fluorescent 

lamps and incandescent lamps should be amended so that they 

would be applicable to additional general service fluorescent 

and shall publish, not later than 18 months after initiating 

such rulemaking, a final rule including such amended standards, if any. Such rule shall provide that the amendment shall 


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apply to products manufactured after a date which is 36 

months after the date such rule is published. 

ø(6) STANDARDS FOR GENERAL SERVICE LAMPS.— 

ø(A) RULEMAKING BEFORE JANUARY 1, 2014.— 

ø(i) IN GENERAL.—Not later than January 1, 2014, 

the Secretary shall initiate a rulemaking procedure to 

determine whether— 

ø(I) standards in effect for general service lamps 

should be amended to establish more stringent 

standards than the standards specified in paragraph (1)(A); and 

ø(II) the exemptions for certain incandescent 

lamps should be maintained or discounted based, 

in part, on exempted lamp sales collected by the 

Secretary from manufacturers. 

ø(ii) SCOPE.—The rulemaking— 

ø(I) shall not be limited to incandescent lamp 

technologies; and 

ø(II) shall include consideration of a minimum 

standard of 45 lumens per watt for general service 

lamps. 

ø(iii) AMENDED STANDARDS.—If the Secretary determines that the standards in effect for general service 

incandescent lamps should be amended, the Secretary 

shall publish a final rule not later than January 1, 

2017, with an effective date that is not earlier than 3 

years after the date on which the final rule is published. 

ø(iv) PHASED-IN EFFECTIVE DATES.—The Secretary 

shall consider phased-in effective dates under this subparagraph after considering— 

ø(I) the impact of any amendment on manufacturers, retiring and repurposing existing equipment, stranded investments, labor contracts, 

workers, and raw materials; and 

ø(II) the time needed to work with retailers and 

lighting designers to revise sales and marketing 

strategies. 

ø(v) BACKSTOP REQUIREMENT.—If the Secretary fails 

to complete a rulemaking in accordance with clauses 

(i) through (iv) or if the final rule does not produce 

savings that are greater than or equal to the savings 

from a minimum efficacy standard of 45 lumens per 

watt, effective beginning January 1, 2020, the Secretary shall prohibit the sale of any general service 

lamp that does not meet a minimum efficacy standard 

of 45 lumens per watt. 

ø(vi) STATE PREEMPTION.—Neither section 327(b) nor 

any other provision of law shall preclude California or 

Nevada from adopting, effective beginning on or after 

January 1, 2018— 

ø(I) a final rule adopted by the Secretary in accordance with clauses (i) through (iv); 


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ø(II) if a final rule described in subclause (I) has 

not been adopted, the backstop requirement under 

clause (v); or 

ø(III) in the case of California, if a final rule described in subclause (I) has not been adopted, any 

California regulations relating to these covered 

products adopted pursuant to State statute in effect as of the date of enactment of the Energy 

Independence and Security Act of 2007. 

ø(A) RULEMAKING BEFORE JANUARY 1, 2020.— ø(i) IN GENERAL.—Not later than January 1, 2020, 

the Secretary shall initiate a rulemaking procedure to 

determine whether— 

ø(I) standards in effect for general service incandescent lamps should be amended to reflect lumen 

ranges with more stringent maximum wattage 

than the standards specified in paragraph (1)(A); 

and 

ø(II) the exemptions for certain incandescent 

lamps should be maintained or discontinued 

based, in part, on exempted lamp sales data collected by the Secretary from manufacturers. 

ø(ii) SCOPE.—The rulemaking shall not be limited to 

incandescent lamp technologies. 

ø(iii) AMENDED STANDARDS.—If the Secretary determines that the standards in effect for general service 

incandescent lamps should be amended, the Secretary 

shall publish a final rule not later than January 1, 

2022, with an effective date that is not earlier than 3 

years after the date on which the final rule is published. 

ø(iv) PHASED-IN EFFECTIVE DATES.—The Secretary 

shall consider phased-in effective dates under this subparagraph after considering— 

ø(I) the impact of any amendment on manufacturers, retiring and repurposing existing equipment, stranded investments, labor contracts, 

workers, and raw materials; and 

ø(II) the time needed to work with retailers and 

lighting designers to revise sales and marketing 

strategies. 

ø(7)(A) With respect to any lamp to which standards are applicable under this subsection or any lamp specified in section 

346, the Secretary shall inform any Federal entity proposing 

actions which would adversely impact the energy consumption 

or energy efficiency of such lamp of the energy conservation 

consequences of such action. It shall be the responsibility of 

such Federal entity to carefully consider the Secretary’s comments. 

ø(B) Notwithstanding section 325(n)(1), the Secretary shall 

not be prohibited from amending any standard, by rule, to permit increased energy use or to decrease the minimum required 

energy efficiency of any lamp to which standards are applicable 

under this subsection if such action is warranted as a result 

of other Federal action (including restrictions on materials or 


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processes) which would have the effect of either increasing the 

energy use or decreasing the energy efficiency of such product. 

ø(8) Not later than the date on which standards established 

pursuant to this subsection become effective, or, with respect 

to high-intensity discharge lamps covered under section 346, 

the effective date of standards established pursuant to such 

section, each manufacturer of a product to which such standards are applicable shall file with the Secretary a laboratory 

report certifying compliance with the applicable standard for 

each lamp type. Such report shall include the lumen output 

and wattage consumption for each lamp type as an average of 

measurements taken over the preceding 12-month period. With 

respect to lamp types which are not manufactured during the 

12-month period preceding the date such standards become effective, such report shall be filed with the Secretary not later 

than the date which is 12 months after the date manufacturing 

is commenced and shall include the lumen output and wattage 

consumption for each such lamp type as an average of measurements taken during such 12-month period.¿ 

(i) GENERAL SERVICE FLUORESCENT LAMPS, GENERAL SERVICE

INCANDESCENT LAMPS, INTERMEDIATE BASE INCANDESCENT LAMPS, 

CANDELABRA BASE INCANDESCENT LAMPS, AND INCANDESCENT REFLECTOR LAMPS.— 

(1) ENERGY EFFICIENCY STANDARDS.— 

(A) IN GENERAL.—Each of the following general service 

fluorescent lamps, general service incandescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps, and incandescent reflector lamps manufactured after the effective date specified in the tables listed 

in this subparagraph shall meet or exceed the standards established in the following tables: 

FLUORESCENT LAMPS 

Lamp Type Nominal Lamp Wattage Minimum CRI Minimum Average 

Lamp Efficacy (LPW) 

Effective Date (Period of Months) 

4-foot medium bi-pin ............................ >35W 69 75.0 36 

≤35W 45 75.0 36 

2-foot U-shaped ..................................... >35W 69 68.0 36 

≤35W 45 64.0 36 

8-foot slimline ....................................... >65W 69 80.0 18 

≤65W 45 80.0 18 

8-foot high output ................................. >100 W 69 80.0 18 

≤100 W 45 80.0 18 

INCANDESCENT RELECTOR LAMPS 

Nominal Lamp Wattage Minimum Average 

Lamp Efficacy (LPW) 

Effective Date (Period of Months) 

40–50 .......................................................................................................................... 10.5 36 

51–66 .......................................................................................................................... 11.0 36 

67–85 .......................................................................................................................... 12.5 36 

86–115 ........................................................................................................................ 14.0 36 

116–155 ...................................................................................................................... 14.5 36 

156–205 ...................................................................................................................... 15.0 36 


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GENERAL SERVICE INCANDESCENT LAMPS 

Rated Lumen Ranges Maximum Rated 

Wattage 

Minimum Rated Lifetime Effective Date 

1490–2600 ................................................................................ 72 1,000 hrs 1/1/2012 

1050 091489 ............................................................................ 53 1,000 hrs 1/1/2013 

750 091049 .............................................................................. 43 1,000 hrs 1/1/2014 

310 09749 ................................................................................ 29 1,000 hrs 1/1/2014 

MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS 

Rated Lumen Ranges Maximum Rated Wattage 

Minimum Rated Life- time Effective Date 

1118 091950 ............................................................................ 72 1,000 hrs 1/1/2012 

788 091117 .............................................................................. 53 1,000 hrs 1/1/2013 

563 09787 ................................................................................ 43 1,000 hrs 1/1/2014 

232 09562 ................................................................................ 29 1,000 hrs 1/1/2014 

(B) APPLICATION.— 

(i) APPLICATION CRITERIA.—This subparagraph applies to each lamp that— 

(I) is intended for a general service or general illumination application (whether incandescent or 

not); 

(II) has a medium screw base or any other screw 

base not defined in ANSI C81.61–92006; 

(III) is capable of being operated at a voltage at 

least partially within the range of 110 to 130 volts; 

and 

(IV) is manufactured or imported after December 

31, 2011. 

(ii) REQUIREMENT.—For purposes of this paragraph, 

each lamp described in clause (i) shall have a color 

rendering index that is greater than or equal to—— 

(I) 80 for nonmodified spectrum lamps; or 

(II) 75 for modified spectrum lamps. 

(C) CANDELABRA INCANDESCENT LAMPS AND INTERMEDIATE BASE INCANDESCENT LAMPS.— 

(i) CANDELABRA BASE INCANDESCENT LAMPS.—Effective beginning January 1, 2012, a candelabra base incandescent lamp shall not exceed 60 rated watts. 

(ii) INTERMEDIATE BASE INCANDESCENT LAMPS.—Effective beginning January 1, 2012, an intermediate 

base incandescent lamp shall not exceed 40 rated 

watts. 

(D) EXEMPTIONS.— 

(i) STATUTORY EXEMPTIONS.—The standards specified in subparagraph (A) shall not apply to the following types of incandescent reflector lamps: 

(I) Lamps rated at 50 watts or less that are 

ER30, BR30, BR40, or ER40 lamps. 

(II) Lamps rated at 65 watts that are BR30, 

BR40, or ER40 lamps. 

(III) R20 incandescent reflector lamps rated 45 

watts or less. 

(ii) ADMINISTRATIVE EXEMPTIONS.— 


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(I) PETITION.—Any person may petition the Secretary for an exemption for a type of general service lamp from the requirements of this subsection. 

(II) CRITERIA.—The Secretary may grant an exemption under subclause (I) only to the extent that 

the Secretary finds, after a hearing and opportunity for public comment, that it is not technically 

feasible to serve a specialized lighting application 

(such as a military, medical, public safety, or certified historic lighting application) using a lamp 

that meets the requirements of this subsection. 

(III) ADDITIONAL CRITERION.—To grant an exemption for a product under this clause, the Secretary shall include, as an additional criterion, 

that the exempted product is unlikely to be used in 

a general service lighting application. 

(E) EXTENSION OF COVERAGE.— (i) PETITION.—Any person may petition the Secretary 

to establish standards for lamp shapes or bases that 

are excluded from the definition of general service 

lamps. 

(ii) INCREASED SALES OF EXEMPTED LAMPS.—The petition shall include evidence that the availability or 

sales of exempted incandescent lamps have increased 

significantly since the date on which the standards on 

general service incandescent lamps were established. 

(iii) CRITERIA.—The Secretary shall grant a petition 

under clause (i) if the Secretary finds that— 

(I) the petition presents evidence that demonstrates that commercial availability or sales of 

exempted incandescent lamp types have increased 

significantly since the standards on general service 

lamps were established and likely are being widely 

used in general lighting applications; and 

(II) significant energy savings could be achieved 

by covering exempted products, as determined by 

the Secretary based in part on sales data provided 

to the Secretary from manufacturers and importers. 

(iv) NO PRESUMPTION.—The grant of a petition under 

this subparagraph shall create no presumption with respect to the determination of the Secretary with respect 

to any criteria under a rulemaking conducted under 

this section. 

(v) EXPEDITED PROCEEDING.—If the Secretary grants 

a petition for a lamp shape or base under this subparagraph, the Secretary shall— 

(I) conduct a rulemaking to determine standards 

for the exempted lamp shape or base; and 

(II) complete the rulemaking not later than 18 

months after the date on which notice is provided 

granting the petition. 

(F) EFFECTIVE DATES.— 

(i) IN GENERAL.—In this paragraph, except as otherwise provided in a table contained in subparagraph (A) 


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or in clause (ii), the term ‘effective date’ means the last 

day of the period of months specified in the table after 

October 24, 1992. 

(ii) SPECIAL EFFECTIVE DATES.— 

(I) ER, BR, AND BPAR LAMPS.—The standards 

specified in subparagraph (A) shall apply with respect to ER incandescent reflector lamps, BR incandescent reflector lamps, BPAR incandescent reflector lamps, and similar bulb shapes on and 

after January 1, 2008, or the date that is 180 days 

after the date of enactment of the Energy Independence and Security Act of 2007. 

(II) LAMPS BETWEEN 2.25–2.75 INCHES IN DIAMETER.—The standards specified in subparagraph 

(A) shall apply with respect to incandescent reflector lamps with a diameter of more than 2.25 

inches, but not more than 2.75 inches, on and after 

the later of January 1, 2008, or the date that is 

180 days after the date of enactment of the Energy 

Independence and Security Act of 2007. 

(2) COMPLIANCE WITH EXISTING LAW.—Notwithstanding section 332(a)(5) and section 332(b), it shall not be unlawful for 

a manufacturer to sell a lamp that is in compliance with the 

law at the time the lamp was manufactured. 

(3) RULEMAKING BEFORE OCTOBER 24, 1995.— 

(A) IN GENERAL.—Not later than 36 months after October 

24, 1992, the Secretary shall initiate a rulemaking procedure and shall publish a final rule not later than the end 

of the 54-month period beginning on October 24, 1992, to 

determine whether the standards established under paragraph (1) should be amended. 

(B) ADMINISTRATION.—The rule shall contain the amendment, if any, and provide that the amendment shall apply 

to products manufactured on or after the 36-month period 

beginning on the date on which the final rule is published. 

(4) RULEMAKING BEFORE OCTOBER 24, 2000.— 

(A) IN GENERAL.—Not later than 8 years after October 24, 

1992, the Secretary shall initiate a rulemaking procedure 

and shall publish a final rule not later than 9 years and 

6 months after October 24, 1992, to determine whether the 

standards in effect for fluorescent lamps and incandescent 

lamps should be amended. 

(B) ADMINISTRATION.—The rule shall contain the amendment, if any, and provide that the amendment shall apply 

to products manufactured on or after the 36-month period 

beginning on the date on which the final rule is published. 

(5) RULEMAKING FOR ADDITIONAL GENERAL SERVICE FLUORESCENT LAMPS.— 

(A) IN GENERAL.—Not later than the end of the 24-month 

period beginning on the date labeling requirements under 

section 324(a)(2)(C) become effective, the Secretary shall— 

(i) initiate a rulemaking procedure to determine 

whether the standards in effect for fluorescent lamps 

and incandescent lamps should be amended so that the 


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standards would be applicable to additional general 

service fluorescent lamps; and 

(ii) publish, not later than 18 months after initiating 

the rulemaking, a final rule including the amended 

standards, if any. 

(B) ADMINISTRATION.—The rule shall provide that the 

amendment shall apply to products manufactured after a 

date which is 36 months after the date on which the rule 

is published. 

(6) STANDARDS FOR GENERAL SERVICE LAMPS.— (A) RULEMAKING BEFORE JANUARY 1, 2014.— (i) IN GENERAL.—Not later than January 1, 2014, the 

Secretary shall initiate a rulemaking procedure to determine whether— 

(I) standards in effect for general service lamps 

should be amended; and 

(II) the exclusions for certain incandescent lamps 

should be maintained or discontinued based, in 

part, on excluded lamp sales collected by the Secretary from manufacturers. 

(ii) SCOPE.—The rulemaking— 

(I) shall not be limited to incandescent lamp 

technologies; and 

(II) shall include consideration of a minimum 

standard of 45 lumens per watt for general service 

lamps. 

(iii) AMENDED STANDARDS.—If the Secretary determines that the standards in effect for general service 

lamps should be amended, the Secretary shall publish 

a final rule not later than January 1, 2017, with an 

effective date that is not earlier than 3 years after the 

date on which the final rule is published. 

(iv) PHASED-IN EFFECTIVE DATES.—The Secretary 

shall consider phased-in effective dates under this subparagraph after considering— 

(I) the impact of any amendment on manufacturers, retiring and repurposing existing equipment, 

stranded investments, labor contracts, workers, 

and raw materials; and 

(II) the time needed to work with retailers and 

lighting designers to revise sales and marketing 

strategies. 

(v) BACKSTOP REQUIREMENT.—If the Secretary fails 

to complete a rulemaking in accordance with clauses (i) 

through (iv) or if the final rule does not produce savings that are greater than or equal to the savings from 

a minimum efficacy standard of 45 lumens per watt, 

effective beginning January 1, 2020, the Secretary shall 

prohibit the manufacture of any general service lamp 

that does not meet a minimum efficacy standard of 45 

lumens per watt. 

(vi) STATE PREEMPTION.—Neither section 327 nor 

any other provision of law shall preclude California or 

Nevada from adopting, effective beginning on or after 

January 1, 2018— 


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(I) a final rule adopted by the Secretary in accordance with clauses (i) through (iv); 

(II) if a final rule described in subclause (I) has 

not been adopted, the backstop requirement under 

clause (v); or 

(III) in the case of California, if a final rule described in subclause (I) has not been adopted, any 

California regulations relating to these covered 

products adopted pursuant to State statute in effect on the date of enactment of the Energy Independence and Security Act of 2007. 

(B) RULEMAKING BEFORE JANUARY 1, 2020.— (i) IN GENERAL.—Not later than January 1, 2020, the 

Secretary shall initiate a rulemaking procedure to determine whether— 

(I) standards in effect for general service lamps 

should be amended; and 

(II) the exclusions for certain incandescent lamps 

should be maintained or discontinued based, in 

part, on excluded lamp sales data collected by the 

Secretary from manufacturers. 

(ii) SCOPE.—The rulemaking shall not be limited to 

incandescent lamp technologies. 

(iii) AMENDED STANDARDS.—If the Secretary determines that the standards in effect for general service 

lamps should be amended, the Secretary shall publish 

a final rule not later than January 1, 2022, with an 

effective date that is not earlier than 3 years after the 

date on which the final rule is published. 

(iv) PHASED-IN EFFECTIVE DATES.—The Secretary 

shall consider phased-in effective dates under this subparagraph after considering— 

(I) the impact of any amendment on manufacturers, retiring and repurposing existing equipment, 

stranded investments, labor contracts, workers, 

and raw materials; and 

(II) the time needed to work with retailers and 

lighting designers to revise sales and marketing 

strategies. 

(7) FEDERAL ACTIONS.— 

(A) COMMENTS OF SECRETARY.— 

(i) IN GENERAL.—With respect to any lamp to which 

standards are applicable under this subsection or any 

lamp specified in section 346, the Secretary shall inform any Federal entity proposing actions that would 

adversely impact the energy consumption or energy efficiency of the lamp of the energy conservation consequences of the action. 

(ii) CONSIDERATION.—The Federal entity shall carefully consider the comments of the Secretary. 

(B) AMENDMENT OF STANDARDS.—Notwithstanding section 325(n)(1), the Secretary shall not be prohibited from 

amending any standard, by rule, to permit increased energy use or to decrease the minimum required energy efficiency of any lamp to which standards are applicable 


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under this subsection if the action is warranted as a result 

of other Federal action (including restrictions on materials 

or processes) that would have the effect of either increasing 

the energy use or decreasing the energy efficiency of the 

product. 

(8) COMPLIANCE.— (A) IN GENERAL.—Not later than the date on which 

standards established pursuant to this subsection become 

effective, or, with respect to high-intensity discharge lamps 

covered under section 346, the effective date of standards 

established pursuant to that section, each manufacturer of 

a product to which the standards are applicable shall file 

with the Secretary a laboratory report certifying compliance 

with the applicable standard for each lamp type. 

(B) CONTENTS.—The report shall include the lumen output and wattage consumption for each lamp type as an average of measurements taken over the preceding 12-month 

period. 

(C) OTHER LAMP TYPES.—With respect to lamp types that 

are not manufactured during the 12-month period preceding the date on which the standards become effective, 

the report shall— 

(i) be filed with the Secretary not later than the date 

that is 12 months after the date on which manufacturing is commenced; and 

(ii) include the lumen output and wattage consumption for each such lamp type as an average of measurements taken during the 12-month period. 

(9) REFLECTOR LAMPS.—In conducting rulemakings for reflector lamps after January 1, 2014, the Secretary shall consider— 

(A) incandescent and nonincandescent technologies; and 

(B) a new energy-related measure, other than lumens per 

watt, that is based on the photometric distribution of those 

lamps. 

* * * * * * * 

(j) STANDARDS FOR SHOWERHEADS AND FAUCETS.— 

* * * * * * * 

(l) STANDARDS FOR OTHER COVERED PRODUCTS.—(1) The Secretary may prescribe an energy conservation standard for any type 

(or class) of covered products of a type specified in paragraph 

ø(19)¿ (23) of section 322(a) if the requirements of subsections (o) 

and (p) are met and the Secretary determines that— 

(A) the average per household energy use within the United 

States by products of such type (or class) exceeded 150 kilowatt-hours (or its Btu equivalent) for any 12-month period ending before such determination; 

* * * * * * * 

(2) Any new or amended standard for covered products of a type 

specified in paragraph ø(19)¿ (23) of section 322(a) shall not apply 

to products manufactured within five years after the publication of 

a final rule establishing such standard. 

(3) The Secretary may, in accordance with subsections (o) and 

(p), prescribe an energy conservation standard for television sets. 


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Any such standard may not become effective with respect to products manufactured before January 1, 1992. 

(4) ENERGY EFFICIENCY STANDARDS FOR CERTAIN LAMPS.— (A) IN GENERAL.—The Secretary shall prescribe an energy efficiency standard for rough service lamps, vibration service 

lamps, 3-way incandescent lamps, 2,601–3,300 lumen general 

service incandescent lamps, and shatter-resistant lamps øonly¿ 

in accordance with this paragraph. 

* * * * * * * 

(m) AMENDMENT OF STANDARDS.— 

* * * * * * * 

(n) PETITION FOR AN AMENDED STANDARD.—(1) With respect to 

each covered product described in paragraphs (1) through (11), and 

in paragraphs (13) and (14) of section 322(a), any person may petition the Secretary to conduct a rulemaking to determine for a covered product if the standards contained either in the last final rule 

required under subsections (b) through (i) of this section or in a 

final rule published under this section should be amended. 

(2) The Secretary shall grant a petition if he finds that it contains evidence which, assuming no other evidence were considered, 

provides an adequate basis for amending the standards under the 

following criteria— 

(A) amended standards will result in significant conservation 

of energy; 

(B) amended standards are technologically feasible; and 

(C) amended standards are cost effective as described in subsection (o)(2)(B)(i)(II). 

The grant of a petition by the Secretary under this subsection creates no presumption with respect to the Secretary’s determination 

of any of the criteria in a rulemaking under this section. 

(3) NOTICE OF DECISION.—Not later than 180 days after the date 

of receiving a petition, the Secretary shall publish in the Federal 

Register a notice of, and explanation for, the decision of the Secretary to grant or deny the petition. 

(4) NEW OR AMENDED STANDARDS.—Not later than 3 years after 

the date of granting a petition for new or amended standards, the 

Secretary shall publish in the Federal Register— 

(A) a final rule that contains the new or amended standards; 

or 

(B) a determination that no new or amended standards are 

necessary. 

ø(3)¿ (5) An amendment prescribed under this subsection shall 

apply to products manufactured after a date which is 5 years 

after— 

(A) the effective date of the previous amendment pursuant to 

this part; or 

(B) if the previous final rule published under this part did 

not amend the standard, the earliest date by which a previous 

amendment could have been in effect, except that in no case 

may an amended standard apply to products manufactured 

within 3 years (for refrigerators, refrigerator-freezers, and 

freezers, room air conditioners, dishwashers, clothes washers, 

clothes dryers, fluorescent lamp ballasts, general service fluorescent lamps, incandescent reflector lamps, and kitchen 


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ranges and ovens) or 5 years (for central air conditioners and 

heat pumps, water heaters, pool heaters, direct heating equipment and furnaces) after publication of the final rule establishing a standard. 

(o) CRITERIA FOR PRESCRIBING NEW OR AMENDED STANDARDS.— (1) The Secretary may not prescribe any amended standard which 

increases the maximum allowable energy use, or, in the case of 

showerheads, faucets, water closets, or urinals, water use, or decreases the minimum required energy efficiency, of a covered product. 

* * * * * * * 

(r) INCLUSION IN STANDARDS OF TEST PROCEDURES AND OTHER

REQUIREMENTS.—Any new or amended energy conservation standard prescribed under this section shall include, where applicable, 

test procedures prescribed in accordance with section 323 and may 

include any requirement which the Secretary determines is necessary to assure that each covered product to which such standard 

applies meets the required minimum level of energy efficiency or 

maximum quantity of energy use specified in such standard. 

* * * * * * * 

(u) BATTERY CHARGER AND EXTERNAL POWER SUPPLY ELECTRIC

ENERGY CONSUMPTION.—(1)(A) Not later than 18 months after the 

date of enactment of this subsection, the Secretary shall, after providing notice and an opportunity for comment, prescribe, by rule, 

definitions and test procedures for the power use of battery chargers and external power supplies. 

* * * * * * * 

ø(7)¿ (4) END-USE PRODUCTS.—An energy conservation standard 

for external power supplies shall not constitute an energy conservation standard for the separate end-use product to which the external power øsupplies is¿ supply is connected. 

* * * * * * * 

(z) TRAFFIC SIGNAL MODULES AND PEDESTRIAN MODULES.—Any 

traffic signal module or pedestrian module manufactured on or 

after January 1, 2006, shall— 

(1) meet the performance requirements used under the Energy Star program of the Environmental Protection Agency for 

traffic signals, as in effect on the date of enactment of this subsection; and 

(2) be installed with compatible, electrically connected signal 

control interface devices and conflict monitoring systems. 

(aa) UNIT HEATERS.—A unit heater manufactured on or after the 

date that is 3 years after the date of enactment of this subsection 

shall— 

(1) be equipped with an intermittent ignition device; and 

(2) have power venting or an automatic flue damper. 

* * * * * * * 

(hh) METAL HALIDE LAMP FIXTURES.— 

(1) STANDARDS.— 

(A) IN GENERAL.—Subject to subparagraphs (B) and (C), 

metal halide lamp fixtures designed to be operated with 


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lamps rated greater than or equal to 150 watts but less 

than or equal to 500 watts shall contain— 

(i) a pulse-start metal halide ballast with a minimum 

ballast efficiency of 88 percent; 

(ii) BOTTLE-TYPE WATER DISPENSERS.—Effective beginning on the 

date that is 1 year after the date of enactment of the Implementation 

of National Consensus Appliance Agreements Act of 2011— 

(1) a bottle-type water dispenser shall not have standby energy consumption that is greater than 1.2 kilowatt-hours per 

day; and 

(2) a compartment bottle-type water dispenser shall not have 

standby energy consumption that is greater than 1.3 kilowatthours per day. 

(jj) COMMERCIAL HOT FOOD HOLDING CABINETS.—Effective beginning on the date that is 1 year after the date of enactment of the 

Implementation of National Consensus Appliance Agreements Act of 

2011, a commercial hot food holding cabinet shall have a maximum 

idle energy rate of 40 watts per cubic foot of interior volume. 

(kk) PORTABLE ELECTRIC SPAS.—Effective beginning on the date 

that is 1 year after the date of enactment of the Implementation of 

National Consensus Appliance Agreements Act of 2011, a portable 

electric spa shall not have a normalized standby power rate of 

greater than 5 (V2/3) Watts (in which ‘‘V’’ equals the fill volume (in 

gallons)). 

(ll) REVISIONS.— (1) IN GENERAL.—Not later than the date that is 3 years after 

the date of enactment of the Implementation of National Consensus Appliance Agreements Act of 2011, the Secretary shall— 

(A) consider in accordance with subsection (o) revisions to 

the standards established under subsections (ii), (jj), and 

(kk); and 

(B)(i) publish a final rule establishing the revised standards; or 

(ii) make a finding that no revisions are technically feasible and economically justified. 

(2) EFFECTIVE DATE.—Any revised standards under this subsection shall take effect not earlier than the date that is 3 years 

after the date of the publication of the final rule. 

ø(ii)¿ (mm) GU–24 BASE LAMPS.— (1) IN GENERAL.—A GU–24 base lamp shall not be an incandescent lamp as defined by ANSI. 

(2) GU–24 ADAPTORS.—GU–24 adaptors shall not adapt a 

GU–24 socket to any other line voltage socket. 

ø(ii)¿ (nn) APPLICATION DATE.—Section 327 applies— 

(1) to products for which energy conservation standards are 

to be established under subsection (l), (u), or (v) or section 

324B beginning on the date on which a final rule is issued by 

the Secretary, except that any State or local standard prescribed or enacted for the product before the date on which the 

final rule is issued shall not be preempted until the energy 

conservation standard established under subsection (l), (u), or 

(v) or section 324B for the product takes effect; and 

(2) to products for which energy conservation standards are 

established under subsections (w) through (hh) on the date of 

enactment of those subsections, except that any State or local 


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standard prescribed or enacted before the date of enactment of 

those subsections shall not be preempted until the energy conservation standards established under subsections (w) through 

ø(hh)¿ (mm) take effect. 

* * * * * * * 

REQUIRMENTS OF MANUFACTURERS

SEC. 326. (a) IN GENERAL.— 

* * * * * * * 

EFFECT ON OTHER LAW

SEC. 327. (a) PREEMPTION OF TESTING AND LABELING REQUIREMENTS.—(1) Effective on the date of enactment of the National Appliance Energy Conservation Act of 1987, this part supersedes any 

State regulation insofar as such State regulation provides at any 

time for the disclosure of information with respect to any measure 

of energy consumption or water use of any covered product if— 

* * * * * * * 

(b) GENERAL RULE OF PREEMPTION FOR ENERGY CONSERVATION

STANDARDS BEFORE FEDERAL STANDARD BECOMES EFFECTIVE FOR

A PRODUCT.—Effective on the date of enactment of the National 

Appliance Energy Conservation Act of 1987 and ending on the effective date of an energy conservation standard established under 

section 325 for any covered product, no State regulation, or revision 

thereof, concerning the energy efficiency, energy use, or water use 

of the covered product shall be effective with respect to such covered product, unless the State regulation or revision— 

(1)(A) was prescribed or enacted before January 8, 1987, and 

is applicable to products before January 3, 1988, or in the case 

of any portion of any regulation which establishes requirements for fluorescent lamp ballasts, was prescribed or enacted 

before the date of the enactment of the National Appliance Energy Conservation Amendments of 1988, or in the case of any 

portion of any regulation which establishes requirements for 

fluorescent or incandescent lamps, flow rate requirements for 

showerheads or faucets, or water use requirements for water 

closets or urinals, was prescribed or enacted before the date of 

the enactment of the Energy Policy Act of 1992; or 

(B) in the case of any portion of any regulation that establishes requirements for general service incandescent lamps, intermediate base incandescent lamps, or candelabra base lamps, 

was enacted or adopted by the State of California or Nevada 

before December 4, 2007, except that— 

(i) the regulation adopted by the California Energy Commission with an effective date of January 1, 2008, shall 

only be effective until the effective date of the Federal 

standard for the applicable lamp category under subparagraphs (A), (B), and (C) of section 325(i)(1); and 

(ii) the States of California and Nevada may, at any 

time, modify or adopt a State standard for general service 

lamps to conform with Federal standards with effective 

dates no earlier than 12 months prior to the Federal effective dates prescribed under subparagraphs (A), (B), and 


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(C) of section 325(i)(1), at which time any prior regulations 

adopted by the State of California or Nevada shall no 

longer be effective; øand¿ 

ø(iii) all other States may, at any time, modify or adopt 

a State standard for general service lamps to conform with 

Federal standards and effective dates.¿ 

(2) is a State procurement regulation described in subsection 

(e); 

(3) is a regulation described in subsection (f)(1) or is prescribed or enacted in a building code for new construction described in subsection (f)(2); 

* * * * * * * 

(6) is a regulation effective on or after January 1, 1992, concerning the energy efficiency or energy use of television sets; 

øor¿ 

(7) is a regulation (or portion thereof) concerning the water 

efficiency or water use of low consumption flushometer valve 

water closetsø.¿; or 

(8) is a regulation that— (A) establishes efficiency standards for bottle-type water 

dispensers, compartment bottle-type water dispensers, commercial hot food holding cabinets, or portable electric spas; 

and 

(B) is in effect on or before the date of enactment of this 

paragraph. 

(c) GENERAL RULE OF PREEMPTION FOR ENERGY CONSERVATION

STANDARDS WHEN FEDERAL STANDARD BECOMES EFFECTIVE FOR A

PRODUCT.—Except as provided in section 325(b)(3)(A)(ii), subparagraphs (B) and (C) of section 325(j)(3), and subparagraphs (B) and 

(C) of section 325(k)(3) and effective on the effective date of an energy conservation standard established in or prescribed under section 325 for any covered product, no State regulation concerning 

the energy efficiency, energy use, or water use of such covered 

product shall be effective with respect to such product unless the 

regulation— 

(1) is a regulation described in paragraph (2) or (4) of subsection (b), except that a State regulation (or portion thereof) 

regulating fluorescent lamp ballasts other than those to which 

paragraph (5) of section 325(g) is applicable shall be effective 

only until the effective date of a standard that is prescribed by 

the Secretary under paragraph (7) of such section and is applicable to such ballasts, except that a State regulation (or portion thereof) regulating fluorescent or incandescent lamps 

other than those for which section 325(i) is applicable shall be 

effective only until the effective date of a standard that is prescribed by the Secretary and is applicable to such lamps; 

(2) is a regulation which has been granted a waiver under 

subsection (d); 

(3) is in a building code for new construction described in 

subsection (f)(3); 

(4) is a regulation concerning the water use of lavatory faucets adopted by the State of New York or the State of Georgia 

before the date of the enactment of the Energy Policy Act of 

1992; 


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(5) is a regulation concerning the water use of lavatory or 

kitchen faucets adopted by the State of Rhode Island prior to 

the date of the enactment of the Energy Policy Act of 1992; 

(6) is a regulation (or portion thereof) concerning the water 

efficiency or water use of gravity tank-type low consumption 

water closets for installation in public places, except that such 

a regulation shall be effective only until January 1, 1997; øor¿ 

(7)(A) is a regulation concerning standards for commercial 

prerinse spray valves adopted by the California Energy Commission before January 1, 2005; or 

(B) is an amendment to a regulation described in subparagraph (A) that was developed to align California regulations 

with changes in American Society for Testing and Materials 

Standard F2324; 

(8)(A) is a regulation concerning standards for pedestrian 

modules adopted by the California Energy Commission before 

January 1, 2005; or 

(B) is an amendment to a regulation described in subparagraph (A) that was developed to align California regulations to 

changes in the Institute for Transportation Engineers standards, entitled ‘‘Performance Specification: Pedestrian Traffic 

Control Signal Indications’’; øand¿ 

(9) is a regulation concerning metal halide lamp fixtures 

adopted by the California Energy Commission on or before 

January 1, 2011, øexcept that— 

(A) if the Secretary¿ except that if the Secretary fails to 

issue a final rule within 180 days after the deadlines for 

rulemakings in section 325(hh), notwithstanding any other 

provision of this section, preemption shall not apply to a 

regulation concerning metal halide lamp fixtures adopted 

by the California Energy Commission— 

ø(i)¿ (A) on or before July 1, 2015, if the Secretary 

fails to meet the deadline specified in section 

325(hh)(2); or 

ø(ii)¿ (B) on or before July 1, 2022, if the Secretary 

fails to meet the deadline specified in section 

325(hh)(3)ø.¿; 

(10) is a regulation that— 

(A) establishes efficiency standards for bottle-type water 

dispensers, compartment bottle-type water dispensers, commercial hot food holding cabinets, or portable electric spas; 

and 

(B) is adopted by the California Energy Commission on 

or before January 1, 2013; 

(11) is a regulation for general service lamps that conforms 

with Federal standards and effective dates; or 

(12) is an energy efficiency standard for general service lamps 

enacted into law by the State of Nevada prior to December 19, 

2007, if the State has not adopted the Federal standards and 

effective dates pursuant to subsection (b)(1)(B)(ii). 

* * * * * * * 

(f) EXCEPTION FOR CERTAIN BUILDING CODE REQUIREMENTS.—(1) 

A regulation or other requirement enacted or prescribed before 

January 8, 1987, that is contained in a State or local building code 

for new construction concerning the energy efficiency or energy use 


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of a covered product is not superseded by this part until the effective date of the energy conservation standard established in or prescribed under section 325 for such covered product. 

* * * * * * * 

(3) Effective on the effective date of an energy conservation 

standard for a covered product established in or prescribed under 

section 325, a regulation or other requirement contained in a State 

or local building code for new construction concerning the energy 

efficiency or energy use of such covered product is not superseded 

by this part if the code complies with all of the following requirements: 

(A) The code permits a builder to meet an energy consumption or conservation objective for a building by selecting items 

whose combined energy efficiencies meet the objective. 

ø(B) The code does not require that the covered product have 

an energy efficiency exceeding the applicable energy conservation standard established in or prescribed under section 325, 

except that the required efficiency may exceed such standard 

up to the level required by a regulation of that State for which 

the Secretary has issued a rule granting a waiver under subsection (d). 

ø(C) The credit to the energy consumption or conservation 

objective allowed by the code for installing covered products 

having energy efficiencies exceeding such energy conservation 

standard established in or prescribed under section 325 or the 

efficiency level required in a State regulation referred to in 

subparagraph (B) is on a one-for-one equivalent energy use or 

equivalent cost basis. 

ø(D) If the code uses one or more baseline building designs 

against which all submitted building designs are to be evaluated and such baseline building designs contain a covered 

product subject to an energy conservation standard established 

in or prescribed under section 325, the baseline building designs are based on the efficiency level for such covered product 

which meets but does not exceed such standard or the efficiency level required by a regulation of that State for which the 

Secretary has issued a rule granting a waiver under subsection 

(d). 

ø(E) If the code sets forth one or more optional combinations 

of items which meet the energy consumption or conservation 

objective, for every combination which includes a covered product the efficiency of which exceeds either standard or level referred to in subparagraph (D), there also shall be at least one 

combination which includes such covered product the efficiency 

of which does not exceed such standard or level by more than 

5 percent, except that at least one combination shall include 

such covered product the efficiency of which meets but does not 

exceed such standard. 

ø(F) The energy consumption or conservation objective is 

specified in terms of an estimated total consumption of energy 

(which may be calculated from energy loss- or gain-based 

codes) utilizing an equivalent amount of energy (which may be 

specified in units of energy or its equivalent cost).¿ 


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(B) The code does not contain a mandatory requirement that, 

under all code compliance paths, requires that the covered product have an energy efficiency exceeding 1 of the following levels: 

(i) The applicable energy conservation standard established in or prescribed under section 325. 

(ii) The level required by a regulation of the State for 

which the Secretary has issued a rule granting a waiver 

under subsection (d). 

(C) If the energy consumption or conservation objective in the 

code is determined using covered products, including any baseline building designs against which all submitted building designs are to be evaluated, the objective is based on the use of 

covered products having efficiencies not exceeding— 

(i) for residential furnaces, central air conditioners, and 

heat pumps, effective not earlier than January 1, 2013, and 

until such time as a level takes effect for the product under 

clause (ii)— 

(I) for the States described in section 325(f)(5)(B)(i)— 

(aa) for gas furnaces, an AFUE level determined 

by the Secretary; and 

(bb) 14 SEER for central air conditioners (not 

including heat pumps); 

(II) for the States and other localities described in 

section 325(d)(4)(B)(i) (except for the States of Arizona, 

California, Nevada, and New Mexico)— 

(aa) for gas furnaces, an AFUE level determined 

by the Secretary; and 

(bb) 15 SEER for central air conditioners; 

(III) for the States of Arizona, California, Nevada, 

and New Mexico— 

(aa) for gas furnaces, an AFUE level determined 

by the Secretary; 

(bb) 15 SEER for central air conditioners; 

(cc) an EER of 12.5 for air conditioners (not including heat pumps) with cooling capacity less 

than 45,000 Btu per hour; and 

(dd) an EER of 12.0 for air conditioners (not including heat pumps) with cooling capacity of 

45,000 Btu per hour or more; and 

(IV) for all States— 

(aa) 85 percent AFUE for oil furnaces; and 

(bb) 15 SEER and 8.5 HSPF for heat pumps; 

(ii) the building code levels established pursuant to section 325; or 

(iii) the applicable standards or levels specified in subparagraph (B). 

(D) The credit to the energy consumption or conservation objective allowed by the code for installing a covered product having an energy efficiency exceeding the applicable standard or 

level specified in subparagraph (C) is on a 1-for-1 equivalent 

energy use or equivalent energy cost basis, which may take into 

account the typical lifetimes of the products and building features, using lifetimes for covered products based on information 

published by the Department of Energy or the American Society 

of Heating, Refrigerating and Air-Conditioning Engineers. 


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(E) If the code sets forth 1 or more combinations of items that 

meet the energy consumption or conservation objective, and if 1 

or more combinations specify an efficiency level for a covered 

product that exceeds the applicable standards and levels specified in subparagraph (B)— 

(i) there is at least 1 combination that includes such covered products having efficiencies not exceeding 1 of the 

standards or levels specified in subparagraph (B); and 

(ii) if 1 or more combinations of items specify an efficiency level for a furnace, central air conditioner, or heat 

pump that exceeds the applicable standards and levels 

specified in subparagraph (B), there is at least 1 combination that the State has found to be reasonably achievable 

using commercially available technologies that includes 

such products having efficiencies at the applicable levels 

specified in subparagraph (C), except that no combination 

need include a product having an efficiency less than the 

level specified in subparagraph (B)(ii). 

(F) The energy consumption or conservation objective is specified in terms of an estimated total consumption of energy 

(which may be specified in units of energy or its equivalent 

cost). 

(G) The estimated energy use of any covered product permitted or required in the code, or used in calculating the objective, is determined using the applicable test procedures prescribed under section 323, except that the State may permit 

the estimated energy use calculation to be adjusted to reflect 

the conditions of the areas where the code is being applied if 

such adjustment is based on the use of the applicable test procedures prescribed under section 323 or other technically accurate documented procedure. 

(4)(A) Subject to subparagraph (B), a State or local government 

is not required to submit a petition to the Secretary in order to enforce or apply its building code or to establish that the code meets 

the conditions set forth in this subsection. 

(B) If a building code contains a mandatory requirement that, 

under all code compliance paths, requires the installation of covered products with efficiencies exceeding both the applicable Federal standard established in or prescribed under section 325 and 

the applicable standard of such State, if any, that has been granted 

a waiver under subsection (d), such requirement of the building 

code shall not be applicable øunless the Secretary has granted a 

waiver for such requirement under subsection (d)¿. 

(5) REPLACEMENT OF COVERED PRODUCT.—Paragraph (3) shall 

not apply to the replacement of a covered product serving an existing building unless the replacement results in an increase in capacity greater than— 

(A) 12,000 Btu per hour for residential air conditioners and 

heat pumps; or 

(B) 20 percent for other covered products. 

* * * * * * * 

PROHIBITED ACTS

Sec. 332. (a) IN GENERAL.—It shall be unlawful— 


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(1) øfor any manufacturer or private labeler to distribute¿ 

for any manufacturer (or representative of a manufacturer), distributor, retailer, or private labeler to offer for sale or 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; 

* * * * * * * 

ø(5) for any manufacturer or private labeler to distribute in 

commerce any new covered product which is not in conformity 

with an applicable energy conservation standard established in 

or prescribed under this part, except to the extent that the new 

covered product is covered by a regional standard that is more 

stringent than the base national standard; or¿ 

(5) for any manufacturer (or representative of a manufacturer), distributor, retailer, or private labeler— 

(A) to offer for sale or distribute in commerce any new 

covered product that is not in conformity with an applicable energy conservation standard established in or prescribed under this part; or 

(B) if the standard is a regional standard that is more 

stringent than the base national standard, to offer for sale 

or distribute in commerce any new covered product having 

knowledge (consistent with the definition of ‘‘knowingly’’ in 

section 333(b)) that the product will be installed at a location covered by a regional standard established in or prescribed under this part and will not be in conformity with 

the standard; 

(6) for any manufacturer or private labeler to knowingly sell 

a product to a distributor, contractor, or dealer with knowledge 

that the entity routinely violates any regional standard applicable to the productø.¿; 

ø(6)¿(7) øfor any manufacturer, distributor, retailer, or private labeler to distribute¿ for any manufacturer (or representative of a manufacturer), distributor, retailer, or private labeler 

to offer for sale or distribute in commerce an adapter that— 

(A) is designed to allow an incandescent lamp that does 

not have a medium screw base to be installed into a fixture or lampholder with a medium screw base socket; and 

(B) is capable of being operated at a voltage range at 

least partially within 110 and 130 voltsø.¿; 

(8) for any manufacturer or private labeler to distribute in 

commerce any new covered product that has not been properly 

certified in accordance with the requirements established in or 

prescribed under this part; 

(9) for any manufacturer or private labeler to distribute in 

commerce any new covered product that has not been properly 

tested in accordance with the requirements established in or 

prescribed under this part; and 

(10) for any manufacturer or private labeler to violate any 

regulation lawfully promulgated to implement any provision of 

this part. 

(b) DEFINITION.—For purposes of this section, the term ‘‘new covered product’’ means a covered product the title of which has not 

passed to a purchaser who buys such product for purposes other 


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than (1) reselling such product, or (2) leasing such product for a period in excess of one year. 

* * * * * * * 

PART C—CERTAIN INDUSTRIAL EQUIPMENT 

DEFINITIONS

SEC. 340. For purposes of this part— 

(1) The term ‘‘covered equipment’’ means one of the following 

types of industrial equipment: 

(A) Electric motors and pumps. 

(B) Small commercial package air conditioning and heating equipment. 

(C) Large commercial package air conditioning and heating equipment. 

(D) Very large commercial package air conditioning and 

heating equipment. 

(E) Commercial refrigerators, freezers, and refrigeratorfreezers. 

(F) Automatic commercial ice makers. 

(G) Walk-in coolers and walk-in freezers. 

(H) Commercial clothes washers. 

(I) Packaged terminal air-conditioners and packaged terminal heat pumps. 

(J) Warm air furnaces and packaged boilers. 

(K) Storage water heaters, instantaneous water heaters, 

and unfired hot water storage tanks. 

(L) High light output double-ended quartz halogen 

lamps. 

(M) General purpose mercury vapor lamps. 

ø(L)¿ (O) Any other type of industrial equipment which 

the Secretary classifies as covered equipment under section 341(b). 

(2)(A) The term ‘‘industrial equipment’’ means any article of 

equipment referred to in subparagraph (B) of a type— 

(i) which in operation consumes, or is designed to consume, energy; 

(ii) which, to any significant extent, is distributed in 

commerce for industrial or commercial use; and 

(iii) which is not a ‘‘covered product’’ as defined in section 321(a)(2), other than a component of a covered product 

with respect to which there is in effect a determination 

under section 341(c); 

without regard to whether such article is in fact distributed in commerce for industrial or commercial use. 

(B) The types of equipment referred to in this subparagraph 

(in addition to electric motors and pumps, commercial package 

air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers, packaged terminal air-conditioners, packaged terminal heat pumps, warm 

air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, øand¿ unfired hot water storage tanks 


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high light output double-ended quartz halogen lamps, and general purpose mercury vapor lamps) are as follows: 

(i) compressors; 

(ii) fans; 

(iii) blowers; 

(iv) refrigeration equipment; 

(v) electric lights; 

(vi) electrolytic equipment; 

(vii) electric arc equipment; 

(viii) steam boilers; 

(ix) ovens; 

(x) kilns; 

(xi) evaporators; øand¿ 

(xii) dryersø.¿; and 

(xiii) other motors. 

(3) The term ‘‘energy efficiency’’ means the ratio of the useful 

output of services from an article of industrial equipment to 

the energy use by such article, determined in accordance with 

test procedures under section 343. 

* * * * * * * 

(12)(A) The term ‘‘storage water heater’’ means a water heater that heats and stores water within the appliance at a 

thermostatically controlled temperature for delivery on demand. Such term does not include units with an input rating 

of 4000 Btu per hour or more per gallon of stored water. 

(B) The term ‘‘instantaneous water heater’’ means a water 

heater that has an input rating of at least 4000 Btu per hour 

per gallon of stored water. 

(C) The term ‘‘unfired hot water storage tank’’ means a tank 

used to store water that is heated externally. 

(13) ELECTRIC MOTOR.— ø(A)¿ GENERAL PURPOSE ELECTRIC MOTOR (SUBTYPE I).— The term ‘‘general purpose electric motor (subtype I)’’ 

means any motor that meets the definition of ‘‘General 

Purpose’’ as established in the final rule issued by the Department of Energy entitled ‘‘Energy Efficiency Program 

for Certain Commercial and Industrial Equipment: Test 

Procedures, Labeling, and Certification Requirements for 

Electric Motors’’ (10 CFR 431), as in effect on the date of 

enactment of the Energy Independence and Security Act of 

2007. 

ø(B)¿ GENERAL PURPOSE ELECTRIC MOTOR (SUBTYPE II).— The term ‘‘general purpose electric motor (subtype II)’’ 

means motors incorporating the design elements of a general purpose electric motor (subtype I) that are configured 

as 1 of the following: 

ø(i) A U-Frame Motor. 

ø(ii) A Design C Motor. 

ø(iii) A close-coupled pump motor. 

ø(iv) A Footless motor. 

ø(v) A vertical solid shaft normal thrust motor (as 

tested in a horizontal configuration). 

ø(vi) An 8-pole motor (900 rpm). 

ø(vii) A poly-phase motor with voltage of not more 

than 600 volts (other than 230 or 460 volts.¿ 


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(A) IN GENERAL.—The term ‘‘electric motor’’ means any of 

the following: 

(i) A motor that is a general purpose T-frame, singlespeed, foot-mounting, polyphase squirrel-cage induction 

motor of the National Electrical Manufacturers Association, Design A and B, continuous rated, operating 

on 230/460 volts and constant 60 Hertz line power as 

defined in NEMA Standards Publication MG1–1987. 

(ii) A motor incorporating the design elements described in clause (i), but is configured to incorporate 1 

or more of the following variations: 

(I) U-frame motor. 

(II) NEMA Design C motor. 

(III) Close-coupled pump motor. 

(IV) Footless motor. 

(V) Vertical solid shaft normal thrust motor (as 

tested in a horizontal configuration). 

(VI) 8-pole motor. 

(VII) Poly-phase motor with a voltage rating of 

not more than 600 volts (other than 230 volts or 

460 volts, or both, or can be operated on 230 volts 

or 460 volts, or both). 

ø(C)¿ (B) The term ‘‘definite purpose motor’’ means any 

motor designed in standard ratings with standard operating characteristics or standard mechanical construction 

for use under service conditions other than usual or for use 

on a particular type of application and which cannot be 

used in most general purpose applications. 

ø(D)¿ (C) The term ‘‘special purpose motor’’ means any 

motor, other than a general purpose motor or definite purpose motor, which has special operating characteristics or 

special mechanical construction, or both, designed for a 

particular application. 

ø(E)¿ (D) The term ‘‘open motor’’ means a motor having 

ventilating openings which permit passage of external cooling air over and around the windings of the machine. 

ø(F)¿ (E) The term ‘‘enclosed motor’’ means a motor so 

enclosed as to prevent the free exchange of air between the 

inside and outside of the case but not sufficiently enclosed 

to be termed airtight. 

ø(G)¿ (F) The term ‘‘small electric motor’’ means a 

NEMA general purpose alternating current single-speed 

induction motor, built in a two-digit frame number series 

in accordance with NEMA Standards Publication MG1– 

1987. 

ø(H)¿ (G) The term ‘‘efficiency’’ when used with respect 

to an electric motor means the ratio of an electric motor’s 

useful power output to its total power input, expressed in 

percentage. 

ø(I)¿ (H) The term ‘‘nominal full load efficiency’’ means 

the average efficiency of a population of motors of duplicate design as determined in accordance with NEMA 

Standards Publication MG1–1987. 


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(14) The term ‘‘ASHRAE’’ means the American Society of 

Heating, Refrigerating, and Air Conditioning Engineers. 

* * * * * * * 

(22) The term ‘‘harvest rate’’ means the amount of ice (at 32 

degrees F) in pounds produced per 24 hours. 

ø(22)¿ (23) SINGLE PACKAGE VERTICAL AIR CONDITIONER.— The term ‘‘single package vertical air conditioner’’ means aircooled commercial package air conditioning and heating equipment that— 

(A) is factory-assembled as a single package that— 

(i) has major components that are arranged 

vertically; 

(ii) is an encased combination of cooling and optional 

heating components; and 

(iii) is intended for exterior mounting on, adjacent 

interior to, or through an outside wall; 

(B) is powered by a single- or 3-phase current; 

(C) may contain 1 or more separate indoor grilles, outdoor louvers, various ventilation options, indoor free air 

discharges, ductwork, well plenum, or sleeves; and 

(D) has heating components that may include electrical 

resistance, steam, hot water, or gas, but may not include 

reverse cycle refrigeration as a heating means. 

ø(23)¿ (24) SINGLE PACKAGE VERTICAL HEAT PUMP.—The term 

‘‘single package vertical heat pump’’ means a single package 

vertical air conditioner that— 

(A) uses reverse cycle refrigeration as its primary heat 

source; and 

(B) may include secondary supplemental heating by 

means of electrical resistance, steam, hot water, or gas. 

(25) GENERAL PURPOSE MERCURY VAPORLAMP.—The term 

‘general purpose mercury vapor lamp’ means a mercury vapor 

lamp (as defined in section 321) that— 

(A) has a screw base; 

(B) is designed for use in general lighting applications 

(as defined in section 321); 

(C) is not a specialty application mercury vapor lamp; 

and 

(D) is designed to operate on a mercury vapor lamp ballast (as defined in section 321) or is a self-ballasted lamp. 

(26) HIGH LIGHT OUTPUT DOUBLE-ENDED QUARTZ HALOGEN

LAMP.—The term ‘high light output double-ended quartz halogen lamp’ means a 25 lamp that— 

(A) is designed for general outdoor lighting purposes; 

(B) contains a tungsten filament; 

(C) has a rated initial lumen value of greater than 6,000 

and less than 40,000 lumens; 

(D) has at each end a recessed single contact, R7s base; 

(E) has a maximum overall length (MOL) between 4 and 

11 inches; 

(F) has a nominal diameter less than 3/4 inch (T6); 

(G) is designed to be operated at a voltage not less than 

110 volts and not greater than 200 volts or is designed to 

be operated at a voltage between 235 volts and 300 volts; 

(H) is not a tubular quartz infrared heat lamp; and 


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(I) is not a lamp marked and marketed as a Stage and 

Studio lamp with a rated life of 500 hours or less. 

(27) SPECIALTY APPLICATION MERCURY VAPOR LAMP.—The 

term ‘specialty application mercury vapor lamp’ means a mercury vapor lamp (as defined in section 321) that is— 

(A) designed only to operate on a specialty application 

mercury vapor lamp ballast (as defined in section 321); and 

(B) is marked and marketed for specialty applications 

only. 

(28) TUBULAR QUARTZ INFRARED HEAT LAMP.—The term ‘tubular quartz infrared heat lamp’ means a double-ended quartz 

halogen lamp that— 

(A) is marked and marketed as an infrared heat lamp; 

and 

(B) radiates predominately in the infrared radiation 

range and in which the visible radiation is not of principle 

interest. 

* * * * * * * 

STANDARDS

SEC. 342. (a) SMALL, LARGE, AND VERY LARGE COMMERCIAL

PACKAGE AIR CONDITIONING AND HEATING EQUIPMENT, PACKAGED

TERMINAL AIR CONDITIONERS AND HEAT PUMPS, WARM-AIR FUR- NACES, PACKAGED BOILERS, STORAGE WATER HEATERS, INSTANTA- NEOUS WATER HEATERS, AND UNFIRED HOT WATER STORAGE

TANKS.—(1) Each small commercial package air conditioning and 

heating equipment (including single package vertical air conditioners and single package vertical heat pumps) manufactured on 

or after January 1, 1994, shall meet the following standard levels: 

* * * * * * * 

(6) AMENDED ENERGY EFFICIENCY STANDARDS.— 

(A) IN GENERAL.— (i) ANALYSIS OF POTENTIAL ENERGY SAVINGS.—If 

ASHRAE/IES Standard 90.1 is amended with respect 

to any small commercial package air conditioning and 

heating equipment, large commercial package air conditioning and heating equipment, very large commercial package air conditioning and heating equipment, 

packaged terminal air conditioners, packaged terminal 

heat pumps, warm-air furnaces, packaged boilers, 

storage water heaters, instantaneous water heaters, or 

unfired hot water storage tanks, not later than 180 

days after the amendment of the standard, the Secretary shall publish in the Federal Register for public 

comment an analysis of the energy savings potential of 

amended energy efficiency standards. 

(ii) AMENDED UNIFORM NATIONAL STANDARD FOR

PRODUCTS.— (I) IN GENERAL.—Except as provided in subclause (II), not later than 18 months after the date 

of publication of the amendment to the ASHRAE/ 

IES Standard 90.1 for a product described in 

clause (i), the Secretary shall establish an amended uniform national standard for the product at 


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the minimum level specified in the amended 

ASHRAE/IES Standard 90.1. 

(II) MORE STRINGENT STANDARD.—Subclause (I) 

shall not apply if the Secretary determines, by 

rule published in the Federal Register, and supported by clear and convincing evidence, that 

adoption of a uniform national standard more 

stringent than the amended ASHRAE/IES Standard 90.1 for the product would result in significant 

additional conservation of energy and is technologically feasible and economically justified. 

(B) RULE.— øIf the Secretary¿ (i) In General.—If the 

Secretary makes a determination described in [clause 

(ii)(II)] subparagraph (A)(ii)(II) for a product described in 

[clause (i)] subparagraph (A)(i), not later than 30 months 

after the date of publication of the amendment to the 

ASHRAE/IES Standard 90.1 for the product, the Secretary 

shall issue the rule establishing the amended standard. 

(ii) FACTORS.—In determining whether a standard is economically justified for the purposes of subparagraph 

(A)(ii)(II), the Secretary shall, after receiving views and 

comments furnished with respect to the proposed standard, 

determine whether the benefits of the standard exceed the 

burden of the proposed standard by, to the maximum extent 

practicable, considering— 

(I) the economic impact of the standard on the manufacturers and on the consumers of the products subject 

to the standard; 

(II) the savings in operating costs throughout the estimated average life of the product in the type (or class) 

compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the products that are likely to result from the imposition of the 

standard; 

(III) the total projected quantity of energy savings 

likely to result directly from the imposition of the 

standard; 

(IV) any lessening of the utility or the performance of 

the products likely to result from the imposition of the 

standard; 

(V) the impact of any lessening of competition, as determined in writing by the Attorney General, that is 

likely to result from the imposition of the standard; 

(VI) the need for national energy conservation; and 

(VII) other factors the Secretary considers relevant. 

(iii) ADMINISTRATION.— 

(I) Energy Use and Efficiency.—The Secretary may 

not prescribe any amended standard under this paragraph that increases the maximum allowable energy 

use, or decreases the minimum required energy efficiency, of a covered product. 

(II) UNAVAILABILITY.— (aa) IN GENERAL.—The Secretary may not prescribe an amended standard under this subparagraph if the Secretary finds (and publishes the 


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finding) that interested persons have established 

by a preponderance of the evidence that a standard 

is likely to result in the unavailability in the 

United States in any product type (or class) of performance characteristics (including reliability, features, sizes, capacities, and volumes) that are substantially the same as those generally available in 

the United States at the time of the finding of the 

Secretary. 

(bb) OTHER TYPES OR CLASSES.—The failure of 

some types (or classes) to meet the criterion established under this subclause shall not affect the determination of the Secretary on whether to prescribe a standard for the other types or classes.’’; 

and 

ø(iii) CONSIDERATION OF PRICES AND OPERATING PAT- TERNS.—If the Secretary is considering revised standards 

for air-cooled 3–phase central air conditioners and central 

air conditioning heat pumps with less 65,000 Btu per hour 

(cooling capacity), the Secretary shall use commercial energy prices and operating patterns in all analyses conducted by the Secretary.¿ 

(C) AMENDMENT OF STANDARD.— (i) IN GENERAL.—Not later than 6 years after 

issuance of any final rule establishing or amending a 

standard, as required for a product under this part, 

the Secretary shall publish— 

(iv) APPLICATION TO PRODUCTS.—øAn amendment 

prescribed under this subsection¿ Notwithstanding 

subparagraph (D), an amendment described under this 

subparagraph shall apply to products manufactured 

after a date that is the later of— 

(I) the date that is 3 years after publication of 

the final rule establishing a new standard; or 

(II) the date that is 6 years after the effective 

date of the current standard for a covered product. 

(v) REPORTS.—The Secretary shall promptly submit 

to the Committee on Energy and Commerce of the 

House of Representatives and the Committee on Energy and Natural Resources of the Senate a progress 

report every 180 days on compliance with this subparagraph, including a specific plan to remedy any 

failures to comply with deadlines for action established under this subparagraph. 

(vi) CONSIDERATION OF PRICES AND OPERATING PATTERNS.—If the Secretary is considering revised standards for air-cooled 3-phase central air conditioners and 

central air conditioning heat pumps with less 65,000 

Btu per hour (cooling capacity), the Secretary shall use 

commercial energy prices and operating patterns in all 

analyses conducted by the Secretary. 

* * * * * * * 

(10) SINGLE PACKAGE VERTICAL AIR CONDITIONERS AND SINGLE PACKAGE VERTICAL HEAT PUMPS.— 


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(A) IN GENERAL.—Single package vertical air conditioners and single package vertical heat pumps manufactured on or after January 1, 2010, shall meet the following 

standards: 

(i) The minimum energy efficiency ratio of single 

package vertical air conditioners less than 65,000 Btu 

per hour (cooling capacity), single-phase, shall be 9.0. 

(ii) The minimum energy efficiency ratio of single 

package vertical air conditioners less than 65,000 Btu 

per hour (cooling capacity), 3-phase, shall be 9.0. 

(iii) The minimum energy efficiency ratio of single 

package vertical air conditioners at or above 65,000 

Btu per hour (cooling capacity) but less than 135,000 

Btu per hour (cooling capacity), shall be 8.9. 

(iv) The minimum energy efficiency ratio of single 

package vertical air conditioners at or above 135,000 

Btu per hour (cooling capacity) but less than 240,000 

Btu per hour (cooling capacity), shall be 8.6. 

(v) The minimum energy efficiency ratio of single 

package vertical heat pumps less than 65,000 Btu per 

hour (cooling capacity), single-phase, shall be 9.0 and 

the minimum coefficient of performance in the heating 

mode shall be 3.0. 

(vi) The minimum energy efficiency ratio of single 

package vertical heat pumps less than 65,000 Btu per 

hour (cooling capacity), 3-phase, shall be 9.0 and the 

minimum coefficient of performance in the heating 

mode shall be 3.0. 

(vii) The minimum energy efficiency ratio of single 

package vertical heat pumps at or above 65,000 Btu 

per hour (cooling capacity) but less than 135,000 Btu 

per hour (cooling capacity), shall be 8.9 and the minimum coefficient of performance in the heating mode 

shall be 3.0. 

(viii) The minimum energy efficiency ratio of single 

package vertical heat pumps at or above 135,000 Btu 

per hour (cooling capacity) but less than 240,000 Btu 

per hour (cooling capacity), shall be 8.6 and the minimum coefficient of performance in the heating mode 

shall be 2.9. 

(B) REVIEW.—Not later than 3 years after the date of enactment of this paragraph, the Secretary shall review the 

most recently published ASHRAE/IES Standard 90.1 with 

respect to single package vertical air conditioners and single package vertical heat pumps in accordance with the 

procedures established under paragraph (6). 

(11) Warm air furnaces with an input rating of 225,000 Btu 

per hour or more and manufactured on or after the date that 

is 1 year after the date of enactment of this paragraph shall 

meet the following standard levels: 

‘‘(A) Gas-fired units shall— 

‘‘(i) have a minimum thermal efficiency of 80 percent; 

‘‘(ii) include an interrupted or intermittent ignition 

device; 


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‘‘(iii) have jacket losses not exceeding 0.75 percent of 

the input rating; and 

‘‘(iv) have power venting or a flue damper. 

‘‘(B) Oil-fired units shall have— 

‘‘(i) a minimum thermal efficiency of 81 percent; 

‘‘(ii) jacket losses not exceeding 0.75 percent of the 

input rating; and 

‘‘(iii) power venting or a flue damper. 

* * * * * * * 

(b) ELECTRIC MOTORS.—(1) Except for definite purpose motors, 

special purpose motors, and those motors exempted by the Secretary under øparagraph (2)¿ paragraph (3), each electric motor 

manufactured (alone or as a component of another piece of equipment) after the 60–month period beginning on the date of the enactment of this subsection, or in the case of an electric motor which 

requires listing or certification by a nationally recognized safety 

testing laboratory, after the 84-month period beginning on such 

date, shall have a nominal full load efficiency of not less than the 

following: 

* * * * * * * 

(2) STANDARDS EFFECTIVE BEGINNING DECEMBER 19, 2010.— 

(A) IN GENERAL.—Except for definite purpose motors, special 

purpose motors, and those motors exempted by the Secretary 

under paragraph (3) and except as provided for in subparagraphs (B), (C), and (D), each electric motor manufactured with 

power ratings from 1 to 200 horsepower (alone or as a component of another piece of equipment) on or after December 19, 

2010, shall have a nominal full load efficiency of not less than 

the nominal full load efficiency described in NEMA MG–1 

(2006) Table 12–12. 

(B) FIRE PUMP ELECTRIC MOTORS.—Except for those motors 

exempted by the Secretary under paragraph (3), each fire pump 

electric motor manufactured with power ratings from 1 to 200 

horsepower (alone or as a component of another piece of equipment) on or after December 19, 2010, shall have a nominal full 

load efficiency that is not less than the nominal full load efficiency described in NEMA MG–1 (2006) Table 12–11. 

(C) NEMA DESIGN B ELECTRIC MOTORS.—Except for those motors exempted by the Secretary under paragraph (3), each 

NEMA Design B electric motor with power ratings of more than 

200 horsepower, but not greater than 500 horsepower, manufactured (alone or as a component of another piece of equipment) 

on or after December 19, 2010, shall have a nominal full load 

efficiency of not less than the nominal full load efficiency described in NEMA MG–1 (2006) Table 12–11. 

(D) Motors incorporating certain design elements.—Except for 

those motors exempted by the Secretary under paragraph (3), 

each electric motor described in section 340(13)(A)(ii) manufactured with power ratings from 1 to 200 horsepower (alone or as 

a component of another piece of equipment) on or after December 19, 2010, shall have a nominal full load efficiency of not 

less than the nominal full load efficiency described in NEMA 

MG–1 (2006) Table 12–11. 


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ø(2)¿ (3) (A) The Secretary may, by rule, provide that the standards specified in øparagraph (1)¿ paragraphs (1) and (2) shall not 

apply to certain types or classes of electric motors if— 

(i) compliance with such standards would not result in significant energy savings because such motors cannot be used in 

most general purpose applications or are very unlikely to be 

used in most general purpose applications; and 

(ii) standards for such motors would not be technologically 

feasible or economically justified. 

(B) Not later than one year after the date of the enactment of 

this subsection, a manufacturer seeking an exemption under this 

paragraph with respect to a type or class of electric motor developed on or before the date of the enactment of such subsection 

shall submit a petition to the Secretary requesting such exemption. 

Such petition shall include evidence that the type or class of motor 

meets the criteria for exemption specified in subparagraph (A). 

(C) Not later than two years after the date of the enactment of 

this subsection, the Secretary shall rule on each petition for exemption submitted pursuant to subparagraph (B). In making such ruling, the Secretary shall afford an opportunity for public comment. 

(D) Manufacturers of types or classes of motors developed after 

the date of the enactment of this subsection to which standards 

under øparagraph (1)¿ paragraphs (1) and (2) would be applicable 

may petition the Secretary for exemptions from compliance with 

such standards based on the criteria specified in subparagraph (A). 

ø(3)¿ (4)(A) The Secretary shall publish a final rule no later than 

the end of the 24-month period beginning on the effective date of 

the standards established under paragraph (1) to determine if such 

standards should be amended. Such rule shall provide that any 

amendment shall apply to electric motors manufactured on or after 

a date which is five years after the effective date of the standards 

established under paragraph (1). 

(B) The Secretary shall publish a final rule no later than 24 

months after the effective date of the previous final rule to determine whether to amend the standards in effect for such product. 

Any such amendment shall apply to electric motors manufactured 

after a date which is five years after— 

(i) the effective date of the previous amendment; or 

(ii) if the previous final rule did not amend the standards, 

the earliest date by which a previous amendment could have 

been effective. 

(c) COMMERCIAL REFRIGERATORS, FREEZERS, AND REFRIGERATORFREEZERS.—(1) In this subsection: 

(A) The term ‘‘AV’’ means the adjusted volume (ft3) (defined 

as 1.63 × frozen temperature compartment volume (ft3) + 

chilled temperature compartment volume (ft3)) with compartment volumes measured in accordance with the Association of 

Home Appliance Manufacturers Standard HRF1–1979. 

(B) The term ‘‘V’’ means the chilled or frozen compartment 

volume (ft3) (as defined in the Association of Home Appliance 

Manufacturers Standard HRF1–1979). 

(C) The term ‘‘service over the counter, self-contained, medium 

temperature commercial refrigerator’’ or ‘‘(SOC–SC–M)’’ means 

a medium temperature commercial refrigerator— 


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(i) with a self-contained condensing unit and equipped 

with sliding or hinged doors in the back intended for use 

by sales personnel, and with glass or other transparent material in the front for displaying merchandise; and 

(ii) that has a height not greater than 66 inches and is 

intended to serve as a counter for transactions between 

sales personnel and customers. 

(D) The term ‘‘TDA’’ means the total display area (ft2) of the 

refrigerated case, as defined in AHRI Standard 1200.’’; 

ø(C)¿ (E) Other terms have such meanings as may be established by the Secretary, based on industry-accepted definitions 

and practice. 

(2) Each commercial refrigerator, freezer, and refrigerator-freezer 

with a self-contained condensing unit designed for holding temperature applications manufactured on or after January 1, 2010, 

shall have a daily energy consumption (in kilowatt hours per day) 

that does not exceed the following: 

Refrigerators with solid doors ....................................................... 0.10V +2.045 

Refrigerators with transparent doors ............................................ 0.12V +3.345 

Freezers with solid doors ............................................................... 0.40V +1.385 

Freezers with transparent doors .................................................... 0.75V +4.105 

Refrigerators/freezers with solid doors the greater of .................. 0.27AV ¥0.71 or 0.70 

(3) Each commercial refrigerator with a self-contained condensing unit designed for pull-down temperature applications and 

transparent doors manufactured on or after January 1, 2010, shall 

have a daily energy consumption (in kilowatt hours per day) of not 

more than 0.126 V + 3.51. 

(4) Each SOC–SC–M manufactured on or after January 1, 2012, 

shall have a total daily energy consumption (in kilowatt hours per 

day) of not more than 0.6 × TDA + 1.0. 

ø(4)¿ (5)(A) Not later than January 1, 2009, the Secretary shall 

issue, by rule, standard levels for ice-cream freezers, self-contained 

commercial refrigerators, freezers, and refrigerator-freezers without 

doors, and remote condensing commercial refrigerators, freezers, 

and refrigerator-freezers, with the standard levels effective for 

equipment manufactured on or after January 1, 2012. 

(B) The Secretary may issue, by rule, standard levels for other 

types of commercial refrigerators, freezers, and refrigerator-freezers 

not covered by paragraph (2)(A) with the standard levels effective 

for equipment manufactured 3 or more years after the date on 

which the final rule is published. 

ø(5)¿ (6)(A) Not later than January 1, 2013, the Secretary shall 

issue a final rule to determine whether the standards established 

under this subsection should be amended. 

(B) Not later than 3 years after the effective date of any amended standards under subparagraph (A) or the publication of a final 

rule determining that the standards should not be amended, the 

Secretary shall issue a final rule to determine whether the standards established under this subsection or the amended standards, 

as applicable, should be amended. 

(C) If the Secretary issues a final rule under subparagraph (A) 

or (B) establishing amended standards, the final rule shall provide 

that the amended standards apply to products manufactured on or 

after the date that is— 


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(i) 3 years after the date on which the final amended standard is published; or 

(ii) if the Secretary determines, by rule, that 3 years is inadequate, not later than 5 years after the date on which the final 

rule is published. 

(d) AUTOMATIC COMMERCIAL ICE MAKERS.— 

* * * * * * * 

(g) HIGH LIGHT OUTPUT DOUBLE-ENDED QUARTZHALOGEN

LAMPS.—A high light output double-ended quartz halogen lamp 

manufactured on or after January 1, 2016, shall have a minimum 

efficiency of— 

(1) 27 LPW for lamps with a minimum rated initial lumen 

value greater than 6,000 and a maximum initial lumen value 

of 15,000; and 

(2) 34 LPW for lamps with a rated initial lumen value greater than 15,000 and less than 40,000. 

(h) GENERAL PURPOSE MERCURY VAPOR LAMPS.—A general purpose mercury vapor lamp shall not be manufactured on or after 

January 1, 2016. 

* * * * * * * 

TEST PROCEDURES

SEC. 343. (a) PRESCRIPTION BY SECRETARY; REQUIREMENTS.— ø(1) TEST PROCEDURES.— ø(A) AMENDMENT.—At least once every 7 years, the Secretary shall conduct an evaluation of each class of covered 

equipment and— 

ø(i) if the Secretary determines that amended test 

procedures would more accurately or fully comply with 

the requirements of paragraphs (2) and (3), shall prescribe test procedures for the class in accordance with 

this section; or 

ø(ii) shall publish notice in the Federal Register of 

any determination not to amend a test procedure.¿ 

(1) AMENDMENT AND PETITION PROCESS.— 

(A) IN GENERAL.—At least once every 7 years, the Secretary shall review test procedures for all covered equipment and— 

(i) publish in the Federal Register amended test procedures with respect to any covered equipment, if the 

Secretary determines that amended test procedures 

would more accurately or fully comply with paragraphs (2) and (3); or 

(ii) publish notice in the Federal Register of any determination not to amend a test procedure. 

(B) PETITIONS.— 

(i) IN GENERAL.—In the case of any class or category 

of covered equipment, any person may petition the Secretary to conduct a rulemaking— 

(I) to prescribe a test procedure for the covered 

equipment; or 

(II) to amend the test procedures applicable to 

the covered equipment to more accurately or fully 

comply with paragraphs (2) and (3). 


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(ii) DETERMINATION.—The Secretary shall— 

(I) not later than 90 days after the date of receipt 

of the petition, publish the petition in the Federal 

Register; and 

(II) not later than 180 days after the date of receipt of the petition, grant or deny the petition. 

(iii) BASIS.—The Secretary shall grant a petition if 

the Secretary finds that the petition contains evidence 

that, assuming no other evidence was considered, provides an adequate basis for determining that an 

amended test method would more accurately promote 

energy or water use efficiency. 

(iv) EFFECT ON OTHER REQUIREMENTS.—The granting of a petition by the Secretary under this paragraph 

shall create no presumption with respect to the determination of the Secretary that the proposed test procedure meets the requirements of paragraphs (2) and (3). 

(v) RULEMAKING.— 

(I) IN GENERAL.—Except as provided in subclause (II), not later than the end of the 18–month 

period beginning on the date of granting a petition, 

the Secretary shall publish an amended test method or a determination not to amend the test method. 

(II) EXTENSION.—The Secretary may extend the 

period described in subclause (I) for 1 additional 

year. 

(III) DIRECT FINAL RULE.—The Secretary may 

adopt a consensus test procedure in accordance 

with the direct final rule procedure established 

under section 325(p). 

* * * * * * * 

(4)(A) With respect to small commercial package air conditioning and heating equipment, large commercial package air 

conditioning and heating equipment, very large commercial 

package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warmair furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks to 

which standards are applicable under section 342, the test procedures shall be those generally accepted industry testing procedures or rating procedures developed or recognized by the 

øAir-Conditioning and Refrigeration Institute¿ Air-Conditioning, Heating, and Refrigeration Institute, or by the American Society of Heating, Refrigerating and Air Conditioning 

Engineers, as referenced in ASHRAE/IES Standard 90.1 and in 

effect on June 30, 1992. 

* * * * * * * 

(7)(A) In the case of automatic commercial ice makers, the 

test procedures shall be the test procedures specified in øAirConditioning and Refrigeration Institute¿ Air-Conditioning, 

Heating, and Refrigeration Institute Standard 810–2003, as in 

effect on January 1, 2005. 


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(B)(i) If øAir-Conditioning and Refrigeration Institute¿ AirConditioning, Heating, and Refrigeration Institute Standard 

810–2003 is amended, the Secretary shall amend the test procedures established in subparagraph (A) as necessary to be 

consistent with the amended øAir-Conditioning and Refrigeration Institute¿ Air-Conditioning, Heating, and Refrigeration Institute Standard, unless the Secretary determines, by rule, 

published in the Federal Register and supported by clear and 

convincing evidence, that to do so would not meet the requirements for test procedures under paragraphs (2) and (3). 

(ii) If the Secretary issues a rule under clause (i) containing 

a determination described in clause (ii), the rule may establish 

an amended test procedure for the product that meets the requirements of paragraphs (2) and (3). 

(C) The Secretary shall comply with section 323(e) in establishing any amended test procedure under this paragraph. 

(8) With respect to commercial clothes washers, the test procedures shall be the same as the test procedures established by 

the Secretary for residential clothes washers under section 

325(g). 

(9) WALK-IN COOLERS AND WALK-IN FREEZERS.— (A) IN GENERAL.—For the purpose of test procedures for 

walk-in coolers and walk-in freezers: 

(i) The R value shall be the 1/K factor multiplied by 

the thickness of the panel. 

(ii) The K factor shall be based on ASTM test procedure C518–2004. 

(iii) For calculating the R value for freezers, the K 

factor of the foam at 20F (average foam temperature) 

shall be used. 

(iv) For calculating the R value for coolers, the K 

factor of the foam at 55F (average foam temperature) 

shall be used. 

(B) TEST PROCEDURE.— 

(i) IN GENERAL.—Not later than January 1, 2010, 

the Secretary shall establish a test procedure to measure the energy-use of walk-in coolers and walk-in 

freezers. 

(ii) COMPUTER MODELING.—The test procedure may 

be based on computer modeling, if the computer model 

or models have been verified using the results of laboratory tests on a significant sample of walk-in coolers 

and walk-in freezers. 

(b) Before prescribing any final test procedures under this section, the Secretary shall— 

(1) publish proposed test procedures in the Federal Register; 

and 

(2) afford interested persons an opportunity (of not less than 

45 days’ duration) to present oral and written data, views, and 

arguments on the proposed test procedures. 

ø(c)(1) The Secretary shall, not later than 3 years after the date 

of prescribing a test procedure under this section (and from time 

to time thereafter), conduct a reevaluation of such procedure and, 

on the basis of such reevaluation, shall determine if such test procedure should be amended. In conducting such reevaluation, the 


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Secretary shall take into account such information as he deems relevant, including technological developments relating to the energy 

efficiency of the type (or class) of covered equipment involved. 

ø(2) If the Secretary determines under paragraph (1) that a test 

procedure should be amended, he shall promptly publish in the 

Federal Register proposed test procedures incorporating such 

amendments and afford interested persons an opportunity to 

present oral and written data, views, and arguments. Such comment period shall not be less than 45 days’ duration.¿ 

ø(d)¿(c)(1) Effective 180 days (or, in the case of small commercial 

package air conditioning and heating equipment, large commercial 

package air conditioning and heating equipment, very large commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic 

commercial ice makers, commercial clothes washers, packaged terminal air conditioners, packaged terminal heat pumps, warm-air 

furnaces, packaged boilers, storage water heaters, instantaneous 

water heaters, and unfired hot water storage tanks, 360 days) after 

a test procedure rule applicable to any covered equipment is prescribed under this section, no manufacturer, distributor, retailer, or 

private labeler may make any representation— 

(A) in writing (including any representation on a label), or 

(B) in any broadcast advertisement, 

respecting the energy consumption of such equipment or cost of energy consumed by such equipment, unless such equipment has 

been tested in accordance with such test procedure and such representation fairly discloses the results of such testing. 

(2) On the petition of any manufacturer, distributor, retailer, or 

private labeler, filed not later than the 60th day before the expiration of the period involved, the 180-day period referred to in paragraph (1) may be extended by the Secretary with respect to the petitioner (but in no event for more than an additional 180 days) if 

he finds that the requirements of paragraph (1) would impose on 

such petitioner an undue hardship (as determined by the Secretary). ø(e)¿ (d) The Secretary may direct the National Bureau of 

Standards to provide such assistance as the Secretary deems necessary to carry out his responsibilities under this part, including 

the development of test procedures. 

* * * * * * * 

ADMINISTRATION, PENALTIES, ENFORCEMENT AND PREEMPTION

SEC. 345. (a) øThe¿ Except as otherwise provided in this section, 

the provisions of section 326 (a), (b), and (d), the provisions of subsections (l) through (s) of section 325, and section 327 through 336 

shall apply with respect to this part (other than the equipment 

specified in øsubparagraphs (B) through (G)¿ subparagraphs (B), 

(C), (D), (I), (J), and (K) of section 340(1)) to the same extent and 

in the same manner as they apply in part B. In applying such provisions for the purposes of this part— 

(1) references to sections 323, 324, and 325 shall be considered as references to sections 343, 344, and 342, respectively; 

(2) references to ‘‘this part’’ shall be treated as referring to 

part C; 


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(3) the term ‘‘equipment’’ shall be substituted for the term 

‘‘product’’; 

(4) the term ‘‘Secretary’’ shall be substituted for ‘‘Commission’’ each place it appears (other than in section 333(c)); 

(5) section 327(a) shall be applied, in the case of electric motors, as if the National Appliance Energy Conservation Act of 

1987 was the Energy Policy Act of 1992; 

(6) section 327(b)(1) shall be applied as if electric motors 

were fluorescent lamp ballasts and as if the National Appliance Energy Conservation Amendments of 1988 were the Energy Policy Act of 1992; 

(7) section 327(b)(4) shall be applied as if electric motors 

were fluorescent lamp ballasts and as if paragraph (5) of section 325(g) were section 342; 

(8) notwithstanding any other provision of law, a regulation 

or other requirement adopted by a State or subdivision of a 

State contained in a State or local building code for new construction concerning the energy efficiency or energy use of an 

electric motor covered under this part is not superseded by the 

standards for such electric motor established or prescribed 

under section 342(b) if such regulation or requirement is identical to the standards established or prescribed under such section; øand¿ 

(9) in the case of commercial clothes washers, section 

327(b)(1) shall be applied as if the National Appliance Energy 

Conservation Act of 1987 was the Energy Policy Act of 2005[.]; 

and 

(10) section 327 shall apply with respect to the equipment described in section 340(1)(L) beginning on the date on which a 

final rule establishing an energy conservation standard is 

issued by the Secretary, except that any State or local standard 

prescribed or enacted for the equipment before the date on 

which the final rule is issued shall not be preempted until the 

energy conservation standard established by the Secretary for 

the equipment takes effect. 

(b)(1) The provisions of section 325(p)(5), section 326(a), (b), and 

(d), section 327(a), and sections 328 through 336 shall apply with 

respect to the equipment specified in øsubparagraphs (B) through 

(G)¿ subparagraphs (B), (C), (D), (I), (J), and (K) of section 340(1) 

to the same extent and in the same manner as they apply in [part 

A] part B. In applying such provisions for the purposes of such 

equipment, paragraphs (1), (2), (3), and (4) of subsection (a) shall 

apply. 

(2)(A) A standard prescribed or established under section 342(a) 

shall, beginning on the effective date of such standard, supersede 

any State or local regulation concerning the energy efficiency or energy use of a product for which a standard is prescribed or established pursuant to such section. 

(B) Notwithstanding subparagraph (A), a standard prescribed or 

established under section 342(a) shall not supersede a standard for 

such a product contained in a State or local building code for new 

construction if— 

(i) the standard in the building code does not require that the energy efficiency of such product exceed the applicable minimum enVerDate Mar 15 2010 03:48 May 23, 2011 Jkt 099010 PO 00000 Frm 00083 Fmt 6659 Sfmt 6602 E:\HR\OC\SR018.XXX SR018

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ergy efficiency requirement in amended ASHRAE/IES Standard 

90.1; and 

(ii) the standard in the building code does not take effect prior 

to the effective date of the applicable minimum energy efficiency 

requirement in amended ASHRAE/IES Standard 90.1. 

(C) Notwithstanding subparagraph (A), a standard prescribed or 

established under section 342(a) shall not supersede the standards 

established by the State of California set forth in Table C–6, California Code of Regulations, Title 24, Part 2, Chapter 2–53, for 

water-source heat pumps below 135,000 Btu per hour (cooling capacity) that become effective on January 1, 1993. 

(D) Notwithstanding subparagraph (A), a standard prescribed or 

established under section 342(a) shall not supersede a State regulation which has been granted a waiver by the Secretary. The Secretary may grant a waiver pursuant to the terms, conditions, criteria, procedures, and other requirements specified in section 

327(d) of this Act. 

(c) With respect to any electric motor to which standards are applicable under section 342(b), the Secretary shall require manufacturers to certify, through an independent testing or certification 

program nationally recognized in the United States, that such 

motor meets the applicable standard. 

(d)(1) Except as provided in paragraphs (2) and (3), section 327 

shall apply with respect to very large commercial package air conditioning and heating equipment to the same extent and in the 

same manner as section 327 applies under [part A] part B on the 

date of enactment of this subsection. 

(2) Any State or local standard issued before the date of enactment of this subsection shall not be preempted until the standards 

established under section 342(a)(9) take effect on January 1, 2010. 

(e)(1)(A) Subsections (a), (b), and (d) of section 326, subsections 

(m) through (s) of section 325, and sections 328 through 336 shall 

apply with respect to commercial refrigerators, freezers, and refrigerator-freezers to the same extent and in the same manner as 

those provisions apply under øpart A¿ part B. 

(B) In applying those provisions to commercial refrigerators, 

freezers, and refrigerator-freezers, paragraphs (1), (2), (3), and (4) 

of subsection (a) shall apply. 

(2)(A) Section 327 shall apply to commercial refrigerators, freezers, and refrigerator-freezers for which standards are established 

under paragraphs (2) and (3) of section 342(c) to the same extent 

and in the same manner as those provisions apply under øpart A¿ 

part B on the date of enactment of this subsection, except that any 

State or local standard issued before the date of enactment of this 

subsection shall not be preempted until the standards established 

under paragraphs (2) and (3) of section 342(c) take effect. 

(B) In applying section 327 in accordance with subparagraph (A), 

paragraphs (1), (2), and (3) of subsection (a) shall apply. 

(3)(A) Section 327 shall apply to commercial refrigerators, freezers, and refrigerator-freezers for which standards are established 

under section 342(c)(4) to the same extent and in the same manner 

as the provisions apply under øpart A¿ part B on the date of publication of the final rule by the Secretary, except that any State or 

local standard issued before the date of publication of the final rule 


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by the Secretary shall not be preempted until the standards take 

effect. 

(B) In applying section 327 in accordance with subparagraph (A), 

paragraphs (1), (2), and (3) of subsection (a) shall apply. 

(4)(A) If the Secretary does not issue a final rule for a specific 

type of commercial refrigerator, freezer, or refrigerator-freezer 

within the time frame specified in section 342(c)(5), subsections (b) 

and (c) of section 327 shall not apply to that specific type of refrigerator, freezer, or refrigerator-freezer for the period beginning on 

the date that is 2 years after the scheduled date for a final rule 

and ending on the date on which the Secretary publishes a final 

rule covering the specific type of refrigerator, freezer, or refrigerator-freezer. 

(B) Any State or local standard issued before the date of publication of the final rule shall not be preempted until the final rule 

takes effect. 

(5)(A) In the case of any commercial refrigerator, freezer, or refrigerator-freezer to which standards are applicable under paragraphs (2) and (3) of section 342(c), the Secretary shall require 

manufacturers to certify, through an independent, nationally recognized testing or certification program, that the commercial refrigerator, freezer, or refrigerator-freezer meets the applicable standard. 

(B) The Secretary shall, to the maximum extent practicable, encourage the establishment of at least 2 independent testing and 

certification programs. 

(C) As part of certification, information on equipment energy use 

and interior volume shall be made available to the Secretary. 

(f)(1)(A)(i) Except as provided in clause (ii), section 327 shall 

apply to automatic commercial ice makers for which standards 

have been established under section 342(d)(1) to the same extent 

and in the same manner as the section applies under øpart A¿ part 

B on the date of enactment of this subsection. 

(ii) Any State standard issued before the date of enactment of 

this subsection shall not be preempted until the standards established under section 342(d)(1) take effect. 

(B) In applying section 327 to the equipment under subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) shall apply. 

(2)(A)(i) Except as provided in clause (ii), section 327 shall apply 

to automatic commercial ice makers for which standards have been 

established under section 342(d)(2) to the same extent and in the 

same manner as the section applies under øpart A¿ part B on the 

date of publication of the final rule by the Secretary. 

(ii) Any State standard issued before the date of publication of 

the final rule by the Secretary shall not be preempted until the 

standards established under section 342(d)(2) take effect. 

(B) In applying section 327 in accordance with subparagraph (A), 

paragraphs (1), (2), and (3) of subsection (a) shall apply. 

(3)(A) If the Secretary does not issue a final rule for a specific 

type of automatic commercial ice maker within the time frame 

specified in section 342(d), subsections (b) and (c) of section 327 

shall no longer apply to the specific type of automatic commercial 

ice maker for the period beginning on the day after the scheduled 

date for a final rule and ending on the date on which the Secretary 


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publishes a final rule covering the specific type of automatic commercial ice maker. 

(B) Any State standard issued before the publication of the final 

rule shall not be preempted until the standards established in the 

final rule take effect. 

(4)(A) The Secretary shall monitor whether manufacturers are 

reducing harvest rates below tested values for the purpose of bringing non-complying equipment into compliance. 

(B) If the Secretary finds that there has been a substantial 

amount of manipulation with respect to harvest rates under subparagraph (A), the Secretary shall take steps to minimize the manipulation, such as requiring harvest rates to be within 5 percent 

of tested values. 

(g)(1)(A) If the Secretary does not issue a final rule for commercial clothes washers within the timeframe specified in section 

342(e)(2), subsections (b) and (c) of section 327 shall not apply to 

commercial clothes washers for the period beginning on the day 

after the scheduled date for a final rule and ending on the date on 

which the Secretary publishes a final rule covering commercial 

clothes washers. 

(B) Any State or local standard issued before the date on which 

the Secretary publishes a final rule shall not be preempted until 

the standards established under section 342(e)(2) take effect. 

(2) The Secretary shall undertake an educational program to inform owners of laundromats, multifamily housing, and other sites 

where commercial clothes washers are located about the new 

standard, including impacts on washer purchase costs and options 

for recovering those costs through coin collection. 

(h) WALK-IN COOLERS AND WALK-IN FREEZERS.— (1) COVERED TYPES.— (A) RELATIONSHIP TO OTHER LAW.— (i) IN GENERAL.—Except as otherwise provided in 

this subsection, section 327 shall apply to walk-in coolers and walk-in freezers for which standards have 

been established under paragraphs (1), (2), and (3) of 

section 342(f) to the same extent and in the same 

manner as the section applies under øpart A¿ part B 

on the date of enactment of this subsection. 

(ii) STATE STANDARDS.—Any State standard prescribed before the date of enactment of this subsection 

shall not be preempted until the standards established 

under paragraphs (1) and (2) of section 342(f) take effect. 

(B) ADMINISTRATION.—In applying section 327 to equipment under subparagraph (A), paragraphs (1), (2), and (3) 

of subsection (a) shall apply. 

(2) FINAL RULE NOT TIMELY.— 

(A) IN GENERAL.—If the Secretary does not issue a final 

rule for a specific type of walk-in cooler or walk-in freezer 

within the timeframe established under paragraph (4) or 

(5) of section 342(f), subsections (b) and (c) of section 327 

shall no longer apply to the specific type of walk-in cooler 

or walk-in freezer during the period— 

(i) beginning on the day after the scheduled date for 

a final rule; and 


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(ii) ending on the date on which the Secretary publishes a final rule covering the specific type of walkin cooler or walk-in freezer. 

(B) STATE STANDARDS.—Any State standard issued before the publication of the final rule shall not be preempted until the standards established in the final rule 

take effect. 

(3) CALIFORNIA.—Any standard issued in the State of California before January 1, 2011, under title 20 of the California 

Code of Regulations, that refers to walk-in coolers and walkin freezers, for which standards have been established under 

paragraphs (1), (2), and (3) of section 342(f), shall not be preempted until the standards established under øsection 

342(f)(3)¿ section 342(f)(4) take effect. 

* * * * * * * 

(i) HIGH LIGHT OUTPUT DOUBLE-ENDED QUARTZ HALOGEN

LAMPS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), section 327 shall apply to high light output double-ended quartz 

halogen lamps to the same extent and in the same manner as 

described in section 325(nn)(1). 

(2) STATE ENERGY CONSERVATION STANDARDS.—Any State energy conservation standard that is adopted on or before January 1, 2015, pursuant to a statutory requirement to adopt efficiency standard for reducing outdoor lighting energy use enacted prior to January 31, 2008, shall not be preempted. 

ENERGY CONSERVATION STANDARDS FOR HIGH-INTENSITY DISCHARGE

LAMPS, DISTRIBUTION TRANSFORMERS, AND SMALL ELECTRIC MOTORS

SEC. 346. (a)(1) The Secretary shall, within 30 months after the 

date of the enactment of the Energy Policy Act of 1992, prescribe 

testing requirements for those high-intensity discharge lamps and 

distribution transformers for which the Secretary makes a determination that energy conservation standards would be technologically feasible and economically justified, and would result in 

significant energy savings. 

* * * * * * * 

ENERGY INDEPENDENCE AND SECURITY ACT 

OF 2007 

* * * * * * * 


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TITLE III—ENERGY SAVINGS THROUGH IMPROVED STANDARDS FOR APPLIANCE AND 

LIGHTING 

Subtitle A—Appliance Energy Efficiency 

SEC. 301. EXTERNAL POWER SUPPLY EFFICIENCY STANDARDS 

(a) DEFINITIONS.—Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended— 

* * * * * * * 

SEC. 302. UPDATING APPLIANCE TEST PROCEDURES 

(a) CONSUMER APPLIANCES.—Section 323(b)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)(1)) is amended by 

striking ‘‘(1)’’ and all that follows through the end of the paragraph 

and inserting the following: 

‘‘(1) TEST PROCEDURES.— 

‘‘(A) AMENDMENT.—At least once every 7 years, the Secretary shall review test procedures for all covered products 

and— 

‘‘(i) amend test procedures with respect to any covered product, if the Secretary determines that amended test procedures would more accurately or fully comply with the requirements of paragraph (3); or 

‘‘(ii) publish notice in the Federal Register of any determination not to amend a test procedure.’’. 

(b) INDUSTRIAL EQUIPMENT.—Section 343(a) of the Energy Policy 

and Conservation Act (42 U.S.C. ø6313(a)¿ 6314(a)) is amended by 

striking ‘‘(a)’’ and all that follows through the end of paragraph (1) 

and inserting the following: 

* * * * * * * 

øSEC. 313. ELECTRIC MOTOR EFFICIENCY STANDARDS. 

ø(a) DEFINITIONS.—Section 340(13) of the Energy Policy and Conservation Act (42 U.S.C. 6311(13)) is amended— 

ø(1) by redesignating subparagraphs (B) through (H) as subparagraphs (C) through (I), respectively; and 

ø(2) by striking ‘‘(13)(A)’’ and all that follows through the end 

of subparagraph (A) and inserting the following: 

ø‘‘(13) ELECTRIC MOTOR.— 

ø‘‘(A) GENERAL PURPOSE ELECTRIC MOTOR (SUBTYPE I).— 

The term ‘general purpose electric motor (subtype I)’ 

means any motor that meets the definition of ‘General 

Purpose’ as established in the final rule issued by the Department of Energy entitled ‘Energy Efficiency Program 

for Certain Commercial and Industrial Equipment: Test 

Procedures, Labeling, and Certification Requirements for 

Electric Motors’ (10 CFR 431), as in effect on the date of 

enactment of the Energy Independence and Security Act of 

2007. 

ø‘‘(B) GENERAL PURPOSE ELECTRIC MOTOR (SUBTYPE II).— 

The term ‘general purpose electric motor (subtype II)’ 

means motors incorporating the design elements of a genVerDate Mar 15 2010 03:48 May 23, 2011 Jkt 099010 PO 00000 Frm 00088 Fmt 6659 Sfmt 6602 E:\HR\OC\SR018.XXX SR018

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eral purpose electric motor (subtype I) that are configured 

as 1 of the following: 

ø‘‘(i) A U-Frame Motor. 

ø‘‘(ii) A Design C Motor. 

ø‘‘(iii) A close-coupled pump motor. 

ø‘‘(iv) A Footless motor. 

ø‘‘(v) A vertical solid shaft normal thrust motor (as 

tested in a horizontal configuration). 

ø‘‘(vi) An 8-pole motor (900 rpm). 

ø‘‘(vii) A poly-phase motor with voltage of not more 

than 600 volts (other than 230 or 460 volts).’’. 

ø(b) STANDARDS.— 

ø(1) AMENDMENTS.—Section 342(b) of the Energy Policy and 

Conservation Act (42 U.S.C. 6313(b)) is amended— 

ø(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and 

ø(B) by inserting after paragraph (1) the following: 

ø‘‘(2) ELECTRIC MOTORS.— 

ø‘‘(A) GENERAL PURPOSE ELECTRIC MOTORS (SUBTYPE I).— 

Except as provided in subparagraph (B), each general purpose electric motor (subtype I) with a power rating of 1 

horsepower or greater, but not greater than 200 horsepower, manufactured (alone or as a component of another 

piece of equipment) after the 3-year period beginning on 

the date of enactment of the Energy Independence and Security Act of 2007, shall have a nominal full load efficiency 

that is not less than as defined in NEMA MG–1 (2006) 

Table 12–12. 

ø‘‘(B) FIRE PUMP MOTORS.—Each fire pump motor manufactured (alone or as a component of another piece of 

equipment) after the 3-year period beginning on the date 

of enactment of the Energy Independence and Security Act 

of 2007 shall have nominal full load efficiency that is not 

less than as defined in NEMA MG–1 (2006) Table 12–11. 

ø‘‘(C) GENERAL PURPOSE ELECTRIC MOTORS (SUBTYPE

II).—Each general purpose electric motor (subtype II) with 

a power rating of 1 horsepower or greater, but not greater 

than 200 horsepower, manufactured (alone or as a component of another piece of equipment) after the 3-year period 

beginning on the date of enactment of the Energy Independence and Security Act of 2007, shall have a nominal 

full load efficiency that is not less than as defined in 

NEMA MG–1 (2006) Table 12–11. 

ø‘‘(D) NEMA DESIGN B, GENERAL PURPOSE ELECTRIC MOTORS.—Each NEMA Design B, general purpose electric 

motor with a power rating of more than 200 horsepower, 

but not greater than 500 horsepower, manufactured (alone 

or as a component of another piece of equipment) after the 

3-year period beginning on the date of enactment of the 

Energy Independence and Security Act of 2007, shall have 

a nominal full load efficiency that is not less than as defined in NEMA MG–1 (2006) Table 12–11.’’. 


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ø(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) take effect on the date that is 3 years after the date of enactment of this Act.¿ 

* * * * * * * 

SEC. 322. INCANDESCENT REFLECTOR LAMP EFFICIENCY STANDARDS. 

(a) DEFINITIONS.—Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) (as amended by section 316(c)(1)(D)) 

is amended— 

* * * * * * * 

(b) STANDARDS FOR FLUORESCENT LAMPS AND INCANDESCENT REFLECTOR LAMPS.—Section 325(i) of the Energy Policy and Conservation Act (42 U.S.C. ø6995(i)¿ 6295(i)) is amended by striking 

paragraph (1) and inserting the following: 

‘‘(1) STANDARDS.— 

* * * * * * * 

SEC. 325. ENERGY EFFICIENCY LABELING FOR CONSUMER ELECTRONIC PRODUCTS. 

(a) IN GENERAL.—Section 324(a) of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)) (as amended by section 324(d)) is 

amended— 

(b) CONTENT OF LABEL.—Section 324(c) of the Energy Policy and 

Conservation Act (42 U.S.C. ø6924(c)¿ 6294(c)) is amended by adding at the end the following: 

* * * * * * * 

Æ 


pwalker on DSK5TPTVN1PROD with HEARING