89 STAT. 922
PUBLIC LAW 94-163—DEC. 22, 1975
extension is necessary to allow persons subject to such rules adequate time to come into compliance with such rules. Publication in (5) The Commission may delay the publication of a proposed labelFederal Register, ing rule, or the prescription of a labeling rule, beyond the dates specified in paragraph (1) or (3), if it determines that it cannot publish proposed labeling rules or prescribe labeling rules which meet the requirements of this section on or prior to the date specified in the applicable paragraph and publishes such determination in the Federal Register, together with the reasons therefor. In any such case, it shall publish proposed labeling rules or prescribe labeling rules for covered products of such type (or class thereof) as soon as practicable unless it determines (A) that labeling in accordance with this section is not economically or technically feasible, or (B) in the case of a type specified in paragraphs (10) through (13) of section 322(a), that labeling in accordance with this section is not likely to assist conPublication in sumers in purchasing decisions. Any such determination shall be Federal Register, published in the Federal Register, together with the reasons therefor. This paragraph shall not apply to the prescription of a labeling rule with respect to covered products of a type specified in paragraph (14) of section 322(a). (c)(1) Subject to paragraph (6), a rule prescribed under this section shall require that each covered product in the type or class of covered products to which the rule applies bear a label which discloses— (A) the estimated annual operating cost of such product (determined in accordance with test procedures prescribed under section 323), except that if— (i) the Administrator determines that disclosure of estimated amiual operating cost is not technologically feasible, or (ii) the Commission determines that such disclosure is not likely to assist consumers in making purchasing decisions or is not economically feasible, the Commission shall rec^uire disclosure of a different useful measure of energy consumption (determined in accordance with test procedures prescribed under section 323); and (B) information respecting the range of estimated annual operating costs for covered products to which the rule applies; except that if the Commission requires disclosure under subparagraph (A) of a measure of energy consumption different from estimated annual operating cost, then the label shall disclose the range of such measure of energy consumption of covered products to which such rule applies. (2) A rule under this section shall include the following: (A) A description of the type or class of covered products to which such rule applies. (B) Subject to paragraph (6), information respecting the range of estimated annual operating costs or other useful measure of energy consumption (determined in such manner as the rule may prescribe) for such type or class of covered products. (C) A description of the test procedures under section 323 used in determining the estimated annual operating costs or other measure of energy consumption of the type or class of covered products.
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