PUBLIC LAW 100-12—MAR. 17, 1987
101 STAT. 115
consideration in the Secretary's determination of whether a standard is economically justified. "(3) The Secretary may not prescribe an amended or new standard under this section for a type (or class) of covered product if— "(A) for products other than dishwashers, clothes washers, clothes dryers, and kitchen ranges and ovens, a test procedure has not been prescribed pursuant to section 323 with respect to Ante, p. 105. that type (or class) of product; or "(B) the Secretary determines, by rule, that the establishment of such standard will not result in significant conservation of energy or that the establishment of such standard is not technologically feasible or economically justified. For purposes of section 327, a determination under subparagraph (B) Post, p. 117. with respect to any type (or class) of covered products shall have the same effect as would a standard prescribed for such type (or class). "(4) The Secretary may not prescribe an amended or new standard under this section if the Secretary finds (and publishes such finding) that interested persons have established by a preponderance of the evidence that the standard is likely to result in the unavailability in the United States in any covered 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 Secretary's finding. The failure of some types (or classes) to meet this criterion shall not affect the Secretary's determination of whether to prescribe a standard for other types (or classes). "(m) PROCEDURE FOR PRESCRIBING N E W OR AMENDED STAND-
ARDS.—Any new or amended energy conservation standard shall be prescribed in accordance with the following procedure: "(1) The Secretary— "(A) shall publish an advance notice of proposed rulemaking which specifies the type (or class) of covered products to which the rule may apply; "(B) shall invite interested persons to submit, within 60 i:r days after the date of publication of such advance notice, written presentations of data, views, and arguments in response to such notice; and ., "(C) may identify proposed or amended standards that may be prescribed. "(2) A proposed rule which prescribes an amended or new energy conservation standard or prescribes no amendment or no new standard for a type (or class) of covered products shall be published in the Federal Register. In prescribing any such proposed rule with respect to a standard, the Secretary shall determine the maximum improvement in energy efficiency or maximum reduction in energy use that is technologically feasible for each type (or class) of covered products. If such standard is not designed to achieve such efficiency or use, the Secretary shall state in the proposed rule the reasons therefor. "(3) After the publication of such proposed rulemaking, the Secretary shall, in accordance with section 336, afford interested persons an opportunity, during a period of not less than 60 days, to present oral and written comments (including an opportunity to question those who make such presentations, as provided in such section) on matters relating to such proposed rule, including—
Federal Register, P^'^lication.
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Post, p. 123.
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