Title 42 — The Public Health and WelfareRelease 119-73
§6314 Test procedures
Title 42 › Chapter CHAPTER 77— - ENERGY CONSERVATION › Subchapter SUBCHAPTER III— - IMPROVING ENERGY EFFICIENCY › Part Part A–1— - Certain Industrial Equipment › § 6314
Summary
The Secretary must look over the test methods used for each type of covered equipment at least once every 7 years. If better tests are needed to show energy efficiency, energy use, and estimated operating costs during a typical use cycle, the Secretary must make new test procedures. If no change is needed, the Secretary must publish a notice. Test procedures must give results that reflect real energy use and costs and must not be too hard to run. If a test gives estimated annual operating costs, those costs must come from measured energy use and representative average unit energy prices. The Secretary will give manufacturers information about those average energy prices. The law names specific industry standards to use for many products (groups include several commercial heating and cooling units, water heaters, electric motors, commercial refrigerators and freezers, automatic commercial ice makers, and commercial clothes washers) and gives exact dates for which versions apply (for example, June 30, 1992; October 24, 1992; January 1, 2005). If the industry standards change, the Secretary must usually update the federal test unless a rule, supported by clear and convincing evidence, says not to. Special rules cover rating temperatures, timelines (for example, 180 days to adopt amended ASHRAE 117, with up to an extra year in some cases), walk-in cooler/freezer test rules (ASTM C518–2004 and a test by January 1, 2010), and use of validated computer models. Before any final test procedure, the Secretary must publish a proposal and allow at least 45 days for comment. The Secretary must recheck tests within 3 years after making them and update if needed, again with at least 45 days’ comment. After a test rule takes effect, certain written or broadcast representations by manufacturers and sellers are restricted after 180 days (360 days for some products); the 180-day time can be extended up to 180 more days for undue hardship if requested in time. The Secretary may ask NIST for help.
Full Legal Text
Title 42, §6314
The Public Health and Welfare — Source: USLM XML via OLRC
(a)(1)(A)At least once every 7 years, the Secretary shall conduct an evaluation of each class of covered equipment and—
(i)if the Secretary determines that amended test procedures would more accurately or fully comply with the requirements of paragraphs (2) and (3), shall prescribe test procedures for the class in accordance with this section; or
(ii)shall publish notice in the Federal Register of any determination not to amend a test procedure.
(2)Test procedures prescribed in accordance with this section shall be reasonably designed to produce test results which reflect energy efficiency, energy use, and estimated operating costs of a type of industrial equipment (or class thereof) during a representative average use cycle (as determined by the Secretary), and shall not be unduly burdensome to conduct.
(3)If the test procedure is a procedure for determining estimated annual operating costs, such procedure shall provide that such costs shall be calculated from measurements of energy use in a representative average-use cycle (as determined by the Secretary), and from representative average unit costs of the energy needed to operate such equipment during such cycle. The Secretary shall provide information to manufacturers of covered equipment respecting representative average unit costs of energy.
(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, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks to which standards are applicable under section 6313 of this title, the test procedures shall be those generally accepted industry testing procedures or rating procedures developed or recognized by the 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.
(B)If such an industry test procedure or rating procedure for small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, 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 is amended, the Secretary shall amend the test procedure for the product as necessary to be consistent with the amended industry test procedure or rating procedure unless the Secretary determines, by rule, published in the Federal Register and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures described in paragraphs (2) and (3) of this subsection.
(C)If the Secretary prescribes a rule containing such a determination, the rule may establish an amended test procedure for such product that meets the requirements of paragraphs (2) and (3) of this subsection. In establishing any amended test procedure under this subparagraph or subparagraph (B), the Secretary shall follow the procedures and meet the requirements specified in section 6293(e) of this title.
(5)(A)With respect to electric motors to which standards are applicable under section 6313 of this title, the test procedures shall be the test procedures specified in NEMA Standards Publication MG1–1987 and IEEE Standard 112 Test Method B for motor efficiency, as in effect on October 24, 1992.
(B)If the test procedure requirements of NEMA Standards Publication MG–1987 and IEEE Standard 112 Test Method B for motor efficiency are amended, the Secretary shall amend the test procedures established by subparagraph (A) to conform to such amended test procedure requirements unless the Secretary determines, by rule, published in the Federal Register and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures described in paragraphs (2) and (3) of this subsection.
(C)If the Secretary prescribes a rule containing such a determination, the rule may establish amended test procedures for such electric motors that meets the requirements of paragraphs (2) and (3) of this subsection. In establishing any amended test procedure under this subparagraph or subparagraph (B), the Secretary shall follow the procedures and meet the requirements specified in section 6293(e) of this title.
(6)(A)(i)In the case of commercial refrigerators, freezers, and refrigerator-freezers, the test procedures shall be—
(I)the test procedures determined by the Secretary to be generally accepted industry testing procedures; or
(II)rating procedures developed or recognized by the ASHRAE or by the American National Standards Institute.
(ii)In the case of self-contained refrigerators, freezers, and refrigerator-freezers to which standards are applicable under paragraphs (2) and (3) of section 6313(c) of this title, the initial test procedures shall be the ASHRAE 117 test procedure that is in effect on January 1, 2005.
(B)(i)22 So in original. No cl. (ii) has been enacted. In the case of commercial refrigerators, freezers, and refrigerator-freezers with doors covered by the standards adopted in February 2002, by the California Energy Commission, the rating temperatures shall be the integrated average temperature of 38 degrees F (± 2 degrees F) for refrigerator compartments and 0 degrees F (± 2 degrees F) for freezer compartments.
(C)The Secretary shall issue a rule in accordance with paragraphs (2) and (3) to establish the appropriate rating temperatures for the other products for which standards will be established under section 6313(c)(4) 33 See References in Text note below. of this title.
(D)In establishing the appropriate test temperatures under this subparagraph, the Secretary shall follow the procedures and meet the requirements under section 6293(e) of this title.
(E)(i)Not later than 180 days after the publication of the new ASHRAE 117 test procedure, if the ASHRAE 117 test procedure for commercial refrigerators, freezers, and refrigerator-freezers is amended, the Secretary shall, by rule, amend the test procedure for the product as necessary to ensure that the test procedure is consistent with the amended ASHRAE 117 test procedure, unless the Secretary makes a determination, by rule, and supported by clear and convincing evidence, that to do so would not meet the requirements for test procedures under paragraphs (2) and (3).
(ii)If the Secretary determines that 180 days is an insufficient period during which to review and adopt the amended test procedure or rating procedure under clause (i), the Secretary shall publish a notice in the Federal Register stating the intent of the Secretary to wait not longer than 1 additional year before putting into effect an amended test procedure or rating procedure.
(F)(i)If a test procedure other than the ASHRAE 117 test procedure is approved by the American National Standards Institute, the Secretary shall, by rule—
(I)review the relative strengths and weaknesses of the new test procedure relative to the ASHRAE 117 test procedure; and
(II)based on that review, adopt one new test procedure for use in the standards program.
(ii)If a new test procedure is adopted under clause (i)—
(I)section 6293(e) of this title shall apply; and
(II)subparagraph (B) shall apply to the adopted test procedure.
(7)(A)In the case of automatic commercial ice makers, the test procedures shall be the test procedures specified in Air-Conditioning, Heating, and Refrigeration Institute Standard 810–2003, as in effect on January 1, 2005.
(B)(i)If Air-Conditioning, 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 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 6293(e) of this title 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 6295(g) of this title.
(9)(A)For the purpose of test procedures for walk-in coolers and walk-in freezers:
(i)The R value shall be the 1/K factor multiplied by the thickness of the panel.
(ii)The K factor shall be based on ASTM test procedure C518–2004.
(iii)For calculating the R value for freezers, the K factor of the foam at 20°F (average foam temperature) shall be used.
(iv)For calculating the R value for coolers, the K factor of the foam at 55°F (average foam temperature) shall be used.
(B)(i)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)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.
(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 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.
(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.
(d)(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,
(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).
(e)The Secretary may direct the National Institute of Standards and Technology to provide such assistance as the Secretary deems necessary to carry out his responsibilities under this part, including the development of test procedures.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
section 6313(c)(4) of this title, referred to in subsec. (a)(6)(C), was redesignated section 6313(c)(5) of this title by Pub. L. 112–210, § 4(2), Dec. 18, 2012, 126 Stat. 1517.
Amendments
2012—Subsec. (a). Pub. L. 112–210, § 10(a)(2), made technical amendment to directory language of Pub. L. 110–140, § 302(b). See 2007 Amendment note below. Subsec. (a)(4)(A), (7). Pub. L. 112–210, § 10(c)(2), substituted “Air-Conditioning, Heating, and Refrigeration Institute” for “Air-Conditioning and Refrigeration Institute” wherever appearing. 2007—Subsec. (a). Pub. L. 110–140, § 302(b), as amended by Pub. L. 112–210, § 10(a)(2), inserted subsec. heading, added par. (1), and struck out former par. (1) which read as follows: “The Secretary may conduct an evaluation of a class of covered equipment and may prescribe test procedures for such class in accordance with the provisions of this section.” Subsec. (a)(9). Pub. L. 110–140, § 312(c), added par. (9). 2005—Subsec. (a)(4)(A), (B). Pub. L. 109–58, § 136(f)(1)(A), inserted “very large commercial package air conditioning and heating equipment,” after “large commercial package air conditioning and heating equipment,”. Subsec. (a)(6) to (8). Pub. L. 109–58, § 136(f)(1)(B), added pars. (6) to (8). Subsec. (d)(1). Pub. L. 109–58, § 136(f)(2), inserted “very large commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers,” after “large commercial package air conditioning and heating equipment,” in introductory provisions. 1992—Subsec. (a)(1). Pub. L. 102–486, § 122(b)(1)(A), added par. (1) and struck out former par. (1) which read as follows: “If the Secretary has conducted an evaluation of a class of covered equipment under section 6313 of this title, he may prescribe test procedures for such class in accordance with the following provisions of this section.” Subsec. (a)(4), (5). Pub. L. 102–486, § 122(b)(1)(B), added pars. (4) and (5). Subsecs. (c), (d). Pub. L. 102–486, § 122(f)(2), redesignated subsec. (d), relating to reevaluations, as (c). Subsec. (d)(1). Pub. L. 102–486, § 122(b)(2), inserted “(or, in the case of small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, and unfired hot water storage tanks, 360 days)” after “180 days”. 1988—Subsec. (e). Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2012 AmendmentAmendment by section 10(a)(2) of Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title.
Effective Date
of 2007 AmendmentAmendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an
Effective Date
note under section 1824 of Title 2, The Congress.
Reference
Citations & Metadata
Citation
42 U.S.C. § 6314
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73