r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE wiki — defined terms

“traffic signal module” applies throughout its part

The term “traffic signal module” means a standard 8-inch (200mm) or 12-inch (300mm) traffic signal indication that— (A) consists of a light source, a lens, and all other parts necessary for operation; and (B) communicates movement messages to drivers through red, amber, and green colors.;

“transformer” applies throughout its part

The term “transformer” means a device consisting of 2 or more coils of insulated wire that transfers alternating current by electromagnetic induction from 1 coil to another to change the original voltage or current value. (45);

“tungsten-halogen lamp” applies throughout its part

The term “tungsten-halogen lamp” means a gas-filled tungsten filament incandescent lamp containing a certain proportion of halogens in an inert gas. (S);

“unit heater” applies throughout its part

The term “unit heater” means a self-contained fan-type heater designed to be installed within the heated space. (B) The term “unit heater” does not include a warm air furnace. (46) High intensity discharge lamp.— (A) In general .—

“urinal” applies throughout its part

The term “urinal” has the meaning given such term in ASME A112.19.2M–1990, except such term does not include fixtures designed for installation in prisons.;

“vibration service lamp” applies throughout its part

The term “vibration service lamp” means a lamp that— (i) has filament configurations that are C–5, C–7A, or C–9, as listed in Figure 6–12 of the 9th Edition of the IESNA Lighting Handbook or similar configurations; (ii) has a maximum wattage of 60 watts; (iii) is sold at retail in packages of 2 lamps or less; and (iv) is designated and marketed specifically for vibration service or vibration-resistant applications, with— (I) the designation appearing on the lamp packaging; and (II) marketing materials that identify the lamp as being vibration service only. (BB) General service lamp.— (i) In general .—

“water closet” applies throughout its part

The term “water closet” has the meaning given such term in ASME A112.19.2M–1990, except such term does not include fixtures designed for installation in prisons.;

“water heater” applies throughout its part

The term “water heater” means a product which utilizes oil, gas, or electricity to heat potable water for use outside the heater upon demand, including— (A) storage type units which heat and store water at a thermostatically controlled temperature, including gas storage water heaters with an input of 75,000 Btu per hour or less, oil storage water heaters with an input of 105,000 Btu per hour or less, and electric storage water heaters with an input of 12 kilowatts or less; (B) instantaneous type units which heat water but contain no more than one gallon of water per 4,000 Btu per hour of input, including gas instantaneous water heaters with an input of 200,000 Btu per hour or less, oil …

“water use” applies throughout its part

The term “water use” means the quantity of water flowing through a showerhead, faucet, water closet, or urinal at point of use, determined in accordance with test procedures under section 6293 of this title .;

“weatherized warm air furnace or boiler” applies throughout its part

The term “weatherized warm air furnace or boiler” means a furnace or boiler designed for installation outdoors, approved for resistance to wind, rain, and snow, and supplied with its own venting system. (29);

“average annual per-household energy use with respect to a type of product” applies in that section

The term “average annual per-household energy use with respect to a type of product” means the estimated aggregate annual energy use (in kilowatt-hours or the Btu equivalent) of consumer products of such type which are used by households in the United States, divided by the number of such households which use products of such type. (B) The Btu equivalent of one kilowatt-hour is 3,412 British thermal units. (C) The term “household” shall be defined under rules of the Secretary.

“feasible” applies in that section

The term “feasible” means feasible with the use of the best technology, techniques, and other means that the Administrator of the Environmental Protection Agency finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration).

“activation lock” applies in that section

The term “activation lock” means a control mechanism (either a physical device directly on the water heater or a control system integrated into the water heater) that is locked by default and contains a physical, software, or digital communication that must be activated with an activation key to enable the product to operate at its designed specifications and capabilities and without which activation the product will provide not greater than 50 percent of the rated first hour delivery of hot water certified by the manufacturer. (ii) Grid-enabled water heater .—

“active mode” applies in that section

The term “active mode” means the condition in which an energy-using product— (I) is connected to a main power source; (II) has been activated; and (III) provides 1 or more main functions. (ii) Off mode

“CFEI” applies in that section

the term “CFEI” means the Fan Energy Index for large-diameter ceiling fans, calculated in accordance with ANSI/AMCA Standard 208–18 titled “Calculation of the Fan Energy Index”, with the following modifications: (I) Using an Airflow Constant (Q 0 ) of 26,500 cubic feet per minute. (II) Using a Pressure Constant (P 0 ) of 0.0027 inches water gauge. (III) Using a Fan Efficiency Constant (η 0 ) of 42 percent.

“covered water heater” applies in that section

The term “covered water heater” means— (I) a water heater; and (II) a storage water heater, instantaneous water heater, and unfired hot water storage tank (as defined in section 6311 of this title ). (ii) Final rule .—

“effective date” applies in that section

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 .

“final rule” applies in that section

The term “final rule” means the final rule published under this paragraph. (B) Publication of final rule .— Not later than 1 year after December 18, 2012 , 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 6313(a)(5) of this title .

“grid-enabled water heater” applies in that section

The term “grid-enabled water heater” means an electric resistance water heater that— (I) has a rated storage tank volume of more than 75 gallons; (II) is manufactured on or after April 16, 2015 ; (III) has— (aa) an energy factor of not less than 1.061 minus the product obtained by multiplying— (AA) the rated storage volume of the tank, expressed in gallons; and (BB) 0.00168; or (bb) an equivalent alternative standard prescribed by the Secretary and developed pursuant to paragraph (5)(E); (IV) is equipped at the point of manufacture with an activation lock; and (V) bears a permanent label applied by the manufacturer that— (aa) is made of material not adversely affected by water; (bb) is …

“off mode” applies in that section

The term “off mode” means the condition in which an energy-using product— (I) is connected to a main power source; and (II) is not providing any standby or active mode function. (iii) Standby mode

“security or life safety alarm or surveillance system” applies in that section

The term “security or life safety alarm or surveillance system” means equipment designed and marketed to perform any of the following functions (on a continuous basis): (aa) Monitor, detect, record, or provide notification of intrusion or access to real property or physical assets or notification of threats to life safety. (bb) Deter or control access to real property or physical assets, or prevent the unauthorized removal of physical assets. (cc) Monitor, detect, record, or provide notification of fire, gas, smoke, flooding, or other physical threats to real property, physical assets, or life safety.

“small duct, high velocity system” applies in that section

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 (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 .—

“standby mode” applies in that section

The term “standby mode” means the condition in which an energy-using product— (I) is connected to a main power source; and (II) offers 1 or more of the following user-oriented or protective functions: (aa) To facilitate the activation or deactivation of other functions (including active mode) by remote switch (including remote control), internal sensor, or timer. (bb) Continuous functions, including information or status displays (including clocks) or sensor-based functions.

“through-the-wall central air conditioner” applies in that section

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) …

“through-the-wall central air conditioning heat pump” applies in that section

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) …

“river basin commission” applies in that section

The term “river basin commission” means— (i) a commission established by interstate compact to apportion, store, regulate, or otherwise manage or coordinate the management of the waters of a river basin; and (ii) a commission established under section 1962b(a) of this title .

“State regulation” applies in that section

The term “State regulation” means a law, regulation, or other requirement of a State or its political subdivisions. With respect to showerheads, faucets, water closets, and urinals, such term shall also mean a law, regulation, or other requirement of a river basin commission that has jurisdiction within a State.;

“unusual and compelling State or local energy or water interests” applies in that section

the term “unusual and compelling State or local energy or water interests” means interests which— (i) are substantially different in nature or magnitude than those prevailing in the United States generally; and (ii) are such that the costs, benefits, burdens, and reliability of energy or water savings resulting from the State regulation make such regulation preferable or necessary when measured against the costs, benefits, burdens, and reliability of alternative approaches to energy or water savings or production, including reliance on reasonably predictable market-induced improvements in efficiency of all products subject to the State regulation.

“new covered product” applies in that 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 than (1) reselling such product, or (2) leasing such product for a period in excess of one year.

“knowingly” applies in that section

the term “knowingly” means (1) the having of actual knowledge, or (2) the presumed having of knowledge deemed to be possessed by a reasonable man who acts in the circumstances, including knowledge obtainable upon the exercise of due care. (c) Special rule It shall be an unfair or deceptive act or practice in or affecting commerce (within the meaning of section 45(a)(1) of title 15 ) for any person to violate section 6293(c) of this title , except to the extent that such violation is prohibited under the provisions of section 6302(a)(1) of this title , in which case such provisions shall apply.

“ASHRAE” applies throughout its part

The term “ASHRAE” means the American Society of Heating, Refrigerating, and Air Conditioning Engineers.;

“automatic commercial ice maker” applies throughout its part

The term “automatic commercial ice maker” means a factory-made assembly (not necessarily shipped in one package) that— (A) consists of a condensing unit and ice-making section operating as an integrated unit, with means for making and harvesting ice; and (B) may include means for storing ice, dispensing ice, or storing and dispensing ice. (20) Walk-in cooler; walk-in freezer.— (A) In general .—

“commerce” applies throughout its part

The terms “energy”, “manufacture”, “import”, “importation”, “consumer product”, “distribute in commerce”, “distribution in commerce”, and “commerce” have the same meaning as is given such terms in section 6291 of this title . (8);

“commercial clothes washer” applies throughout its part

The term “commercial clothes washer” means a soft-mount front-loading or soft-mount top-loading clothes washer that— (A) has a clothes container compartment that— (i) for horizontal-axis clothes washers, is not more than 3.5 cubic feet; and (ii) for vertical-axis clothes washers, is not more than 4.0 cubic feet; and (B) is designed for use in— (i) applications in which the occupants of more than one household will be using the clothes washer, such as multi-family housing common areas and coin laundries; or (ii) other commercial applications. (22) 2

“commercial package air conditioning and heating equipment” applies throughout its part

The term “commercial package air conditioning and heating equipment” means air-cooled, water-cooled, evaporatively-cooled, or water source (not including ground water source) electrically operated, unitary central air conditioners and central air conditioning heat pumps for commercial application.;

“commercial refrigerator, freezer, and refrigerator-freezer” applies throughout its part

The term “commercial refrigerator, freezer, and refrigerator-freezer” means refrigeration equipment that— (i) is not a consumer product (as defined in section 6291 of this title ); (ii) is not designed and marketed exclusively for medical, scientific, or research purposes; (iii) operates at a chilled, frozen, combination chilled and frozen, or variable temperature; (iv) displays or stores merchandise and other perishable materials horizontally, semivertically, or vertically; (v) has transparent or solid doors, sliding or hinged doors, a combination of hinged, sliding, transparent, or solid doors, or no doors; (vi) is designed for pull-down temperature applications or holding temperature …

“consumer product” applies throughout its part

The terms “energy”, “manufacture”, “import”, “importation”, “consumer product”, “distribute in commerce”, “distribution in commerce”, and “commerce” have the same meaning as is given such terms in section 6291 of this title . (8);

“covered equipment” applies throughout its part

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 refrigerator-freezers. (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.

“definite purpose motor” applies throughout its part

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.;

“distribute in commerce” applies throughout its part

The terms “energy”, “manufacture”, “import”, “importation”, “consumer product”, “distribute in commerce”, “distribution in commerce”, and “commerce” have the same meaning as is given such terms in section 6291 of this title . (8);

“distribution in commerce” applies throughout its part

The terms “energy”, “manufacture”, “import”, “importation”, “consumer product”, “distribute in commerce”, “distribution in commerce”, and “commerce” have the same meaning as is given such terms in section 6291 of this title . (8);

“enclosed motor” applies throughout its part

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.;

“energy” applies throughout its part

The terms “energy”, “manufacture”, “import”, “importation”, “consumer product”, “distribute in commerce”, “distribution in commerce”, and “commerce” have the same meaning as is given such terms in section 6291 of this title . (8);

“energy conservation standard” applies throughout its part

The term “energy conservation standard” means— (A) a performance standard that prescribes a minimum level of energy efficiency or a maximum quantity of energy use for a product; or (B) a design requirement for a product.;

“energy efficiency” applies throughout its part

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 6314 of this title .;

“energy use” applies throughout its part

The term “energy use” means the quantity of energy directly consumed by an article of industrial equipment at the point of use, determined in accordance with test procedures established under section 6314 of this title .;

“general purpose electric motor (subtype I)” applies throughout its part

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 December 19, 2007 . (B) General purpose electric motor (subtype ii) .—

“general purpose electric motor (subtype II)” applies throughout its part

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: (i) A U-Frame Motor. (ii) A Design C Motor. (iii) A close-coupled pump motor. (iv) A Footless motor. (v) A vertical solid shaft normal thrust motor (as tested in a horizontal configuration). (vi) An 8-pole motor (900 rpm). (vii) A poly-phase motor with voltage of not more than 600 volts (other than 230 or 460 volts. 1;

“harvest rate” applies throughout its part

The term “harvest rate” means the amount of ice (at 32 degrees F) in pounds produced per 24 hours. (22) 2 Single package vertical air conditioner .—

“holding temperature application” applies throughout its part

The term “holding temperature application” means a use of commercial refrigeration equipment other than a pull-down temperature application, except a blast chiller or freezer.;

“IEEE” applies throughout its part

The term “IEEE” means the Institute of Electrical and Electronics Engineers.;

“IES” applies throughout its part

The term “IES” means the Illuminating Engineering Society of North America.;

“import” applies throughout its part

The terms “energy”, “manufacture”, “import”, “importation”, “consumer product”, “distribute in commerce”, “distribution in commerce”, and “commerce” have the same meaning as is given such terms in section 6291 of this title . (8);

“importation” applies throughout its part

The terms “energy”, “manufacture”, “import”, “importation”, “consumer product”, “distribute in commerce”, “distribution in commerce”, and “commerce” have the same meaning as is given such terms in section 6291 of this title . (8);

“industrial equipment” applies throughout its part

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 6291(a)(2) of this title , other than a component of a covered product with respect to which there is in effect a determination under section 6312(c) of this title ; without regard to whether such article is in fact distributed in commerce for industrial or commercial use.

“instantaneous water heater” applies throughout its part

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.;

“integrated average temperature” applies throughout its part

The term “integrated average temperature” means the average temperature of all test package measurements taken during the test.;

“large commercial package air conditioning and heating equipment” applies throughout its part

The term “large commercial package air conditioning and heating equipment” means commercial package air conditioning and heating equipment that is rated— (i) at or above 135,000 Btu per hour; and (ii) below 240,000 Btu per hour (cooling capacity).;

“manufacture” applies throughout its part

The terms “energy”, “manufacture”, “import”, “importation”, “consumer product”, “distribute in commerce”, “distribution in commerce”, and “commerce” have the same meaning as is given such terms in section 6291 of this title . (8);

“manufacturer” applies throughout its part

The term “manufacturer” means any person who manufactures industrial equipment. (6) The term “label” may include any printed matter determined appropriate by the Secretary.;

“NEMA” applies throughout its part

The term “NEMA” means the National Electrical Manufacturers Association.;

“nominal full load efficiency” applies throughout its part

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.;

“open motor” applies throughout its part

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.;

“packaged boiler” applies throughout its part

The term “packaged boiler” means a boiler that is shipped complete with heating equipment, mechanical draft equipment, and automatic controls; usually shipped in one or more sections. (12);

“packaged terminal air conditioner” applies throughout its part

The term “packaged terminal air conditioner” means a wall sleeve and a separate unencased combination of heating and cooling assemblies specified by the builder and intended for mounting through the wall. It includes a prime source of refrigeration, separable outdoor louvers, forced ventilation, and heating availability by builder’s choice of hot water, steam, or electricity.;

“packaged terminal heat pump” applies throughout its part

The term “packaged terminal heat pump” means a packaged terminal air conditioner that utilizes reverse cycle refrigeration as its prime heat source and should have supplementary heat source available to builders with the choice of hot water, steam, or electric resistant heat. (11);

“pull-down temperature application” applies throughout its part

The term “pull-down temperature application” means a commercial refrigerator with doors that, when fully loaded with 12 ounce beverage cans at 90 degrees F, can cool those beverages to an average stable temperature of 38 degrees F in 12 hours or less.;

“remote condensing unit” applies throughout its part

The term “remote condensing unit” means a factory-made assembly of refrigerating components designed to compress and liquefy a specific refrigerant that is remotely located from the refrigerated equipment and consists of one or more refrigerant compressors, refrigerant condensers, condenser fans and motors, and factory supplied accessories.;

“self-contained condensing unit” applies throughout its part

The term “self-contained condensing unit” means a factory-made assembly of refrigerating components designed to compress and liquefy a specific refrigerant that is an integral part of the refrigerated equipment and consists of one or more refrigerant compressors, refrigerant condensers, condenser fans and motors, and factory supplied accessories. (10);

“single package vertical air conditioner” applies throughout its part

The term “single package vertical air conditioner” means air-cooled 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, …

“single package vertical heat pump” applies throughout its part

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.

“small commercial package air conditioning and heating equipment” applies throughout its part

The term “small commercial package air conditioning and heating equipment” means commercial package air conditioning and heating equipment that is rated below 135,000 Btu per hour (cooling capacity).;

“small electric motor” applies throughout its part

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. (H) 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.;

“special purpose motor” applies throughout its part

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.;

“storage water heater” applies throughout its part

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.;

“unfired hot water storage tank” applies throughout its part

The term “unfired hot water storage tank” means a tank used to store water that is heated externally. (13) Electric motor.— (A) General purpose electric motor (subtype i) .—

“very large commercial package air conditioning and heating equipment” applies throughout its part

The term “very large commercial package air conditioning and heating equipment” means commercial package air conditioning and heating equipment that is rated— (i) at or above 240,000 Btu per hour; and (ii) below 760,000 Btu per hour (cooling capacity). (9);

“walk-in cooler” applies throughout its part

The terms “walk-in cooler” and “walk-in freezer” mean an enclosed storage space refrigerated to temperatures, respectively, above, and at or below 32 degrees Fahrenheit that can be walked into, and has a total chilled storage area of less than 3,000 square feet. (B) Exclusion .— The terms “walk-in cooler” and “walk-in freezer” do not include products designed and marketed exclusively for medical, scientific, or research purposes.;

“walk-in freezer” applies throughout its part

The terms “walk-in cooler” and “walk-in freezer” mean an enclosed storage space refrigerated to temperatures, respectively, above, and at or below 32 degrees Fahrenheit that can be walked into, and has a total chilled storage area of less than 3,000 square feet. (B) Exclusion .— The terms “walk-in cooler” and “walk-in freezer” do not include products designed and marketed exclusively for medical, scientific, or research purposes.;

“warm air furnace” applies throughout its part

The term “warm air furnace” means a self-contained oil- or gas-fired furnace designed to supply heated air through ducts to spaces that require it and includes combination warm air furnace/electric air conditioning units but does not include unit heaters and duct furnaces.;

“(SOC–SC–M)” applies in that section

The term “service over the counter, self-contained, medium temperature commercial refrigerator” or “(SOC–SC–M)” means a medium temperature commercial refrigerator— (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.;

“AV” applies in that section

The term “AV” means the adjusted volume (ft 3 ) (defined as 1.63 x frozen temperature compartment volume (ft 3 ) + chilled temperature compartment volume (ft 3 )) with compartment volumes measured in accordance with the Association of Home Appliance Manufacturers Standard HRF1–1979.;

“TDA” applies in that section

The term “TDA” means the total display area (ft 2 ) of the refrigerated case, as defined in AHRI Standard 1200. (E) Other terms have such meanings as may be established by the Secretary, based on industry-accepted definitions and practice.

“appliance” applies throughout its part

The term “appliance” means any article, such as a room air-conditioner, refrigerator-freezer, or dishwasher, which the Secretary classifies as an appliance for purposes of this part. (2) Building

“building” applies throughout its part

The term “building” means any structure which includes provision for a heating or cooling system, or both, or for a hot water system. (3) Energy audit

“energy audit” applies throughout its part

The term “energy audit” means any process which identifies and specifies the energy and cost savings which are likely to be realized through the purchase and installation of particular energy conservation measures or renewable-resource energy measures and which— (A) is carried out in accordance with rules of the Secretary; and (B) imposes— (i) no direct costs, with respect to individuals who are occupants of dwelling units in any State having a supplemental State energy conservation plan; and (ii) only reasonable costs, as determined by the Secretary, with respect to any person not described in clause (i).

“energy conservation measure” applies throughout its part

The term “energy conservation measure” means a measure which modifies any building, building system, energy consuming device associated with the building, or industrial plant, the construction of which has been completed prior to May 1, 1989 , if such measure has been determined by means of an energy audit or by the Secretary, by rule under section 6325(e)(1) of this title , to be likely to maintain or improve the efficiency of energy use and to reduce energy costs (as calculated on the basis of energy costs reasonably projected over time, as determined by the Secretary) in an amount sufficient to enable a person to recover the total cost of purchasing and installing such measure (without …

“industrial plant” applies throughout its part

The term “industrial plant” means any fixed equipment or facility which is used in connection with, or as part of, any process or system for industrial production or output. (6) Public building

“public building” applies throughout its part

The term “public building” means any building which is open to the public during normal business hours. (7) Renewable-resource energy measure

“renewable-resource energy measure” applies throughout its part

The term “renewable-resource energy measure” means a measure which modifies any building or industrial plant, the construction of which has been completed prior to August 14, 1976 , if such measure has been determined by means of an energy audit or by the Secretary, by rule under section 6325(e)(1) of this title , to— (A) involve changing, in whole or in part, the fuel or source of the energy used to meet the requirements of such building or plant from a depletable source of energy to a nondepletable source of energy; and (B) be likely to reduce energy costs (as calculated on the basis of energy costs reasonably projected over time, as determined by the Secretary) in an amount sufficient to …

“transportation controls” applies throughout its part

The term “transportation controls” means any plan, procedure, method, or arrangement, or any system of incentives, disincentives, restrictions, and requirements, which is designed to reduce the amount of energy consumed in transportation, except that the term does not include rationing of gasoline or diesel fuel.

“bulk-power system” applies in that section

The term “bulk-power system” has the meaning given the term in section 824 o (a) of title 16. (2) State energy security plan

“State energy security plan” applies in that section

The term “State energy security plan” means a State energy security plan described in subsection (b). (b) Financial assistance for State energy security plans Federal financial assistance made available to a State under this part may be used for the development, implementation, review, and revision of a State energy security plan that— (1) assesses the existing circumstances in the State; and (2) proposes methods to strengthen the ability of the State, in consultation with owners and operators of energy infrastructure in the State— (A) to secure the energy infrastructure of the State against all physical and cybersecurity threats; (B) (i) to mitigate the risk of energy supply disruptions to …

“Administrator” applies throughout its part

The term “Administrator” means the Administrator of the Environmental Protection Agency. (2) Combined heat and power

“combined heat and power system” applies throughout its part

The term “combined heat and power system” means a facility that— (A) simultaneously and efficiently produces useful thermal energy and electricity; and (B) recovers not less than 60 percent of the energy value in the fuel (on a higher-heating-value basis) in the form of useful thermal energy and electricity. (3) Net excess power

“net excess power” applies throughout its part

The term “net excess power” means, for any facility, recoverable waste energy recovered in the form of electricity in quantities exceeding the total consumption of electricity at the specific time of generation on the site at which the facility is located. (4) Project

“project” applies throughout its part

The term “project” means a recoverable waste energy project or a combined heat and power system project. (5) Recoverable waste energy

“recoverable waste energy” applies throughout its part

The term “recoverable waste energy” means waste energy from which electricity or useful thermal energy may be recovered through modification of an existing facility or addition of a new facility. (6) Registry

“Registry” applies throughout its part

The term “Registry” means the Registry of Recoverable Waste Energy Sources established under section 6342(d) of this title . (7) Useful thermal energy

“useful thermal energy” applies throughout its part

The term “useful thermal energy” means energy— (A) in the form of direct heat, steam, hot water, or other thermal form that is used in production and beneficial measures for heating, cooling, humidity control, process use, or other valid thermal end-use energy requirements; and (B) for which fuel or electricity would otherwise be consumed. (8) Waste energy

“waste energy” applies throughout its part

The term “waste energy” means— (A) exhaust heat or flared gas from any industrial process; (B) waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented; (C) a pressure drop in any gas, excluding any pressure drop to a condenser that subsequently vents the resulting heat; and (D) such other forms of waste energy as the Administrator may determine. (9) Other terms The terms “electric utility”, “nonregulated electric utility”, “State regulated electric utility”, and other terms have the meanings given those terms in title I of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2611 et seq.).

“per unit distribution costs” applies in that section

The term “per unit distribution costs” means (in kilowatt hours) the quotient obtained by dividing— (i) the depreciated book-value distribution system costs of a utility; by (ii) the volume of utility electricity sales or transmission during the previous year at the distribution level. (B) Per unit distribution margin

“per unit distribution margin” applies in that section

The term “per unit distribution margin” means— (i) in the case of a State-regulated electric utility, a per-unit gross pretax profit equal to the product obtained by multiplying— (I) the State-approved percentage rate of return for the utility for distribution system assets; by (II) the per unit distribution costs; and (ii) in the case of a nonregulated utility, a per unit contribution to net revenues determined multiplying— (I) the percentage (but not less than 10 percent) obtained by dividing— (aa) the amount of any net revenue payment or contribution to the owners or subscribers of the nonregulated utility during the prior year; by (bb) the gross revenues of the utility during the prior …

“per unit transmission costs” applies in that section

The term “per unit transmission costs” means the total cost of those transmission services purchased or provided by a utility on a per-kilowatt-hour basis as included in the retail rate of the utility. (2) Options The options described in paragraphs (1) and (2) in subsection (c) shall be offered under purchase and transport rate conditions that reflect the rate components defined under paragraph (1) as applicable under the circumstances described in paragraph (3).

“covered industry” applies in that section

the term “covered industry” means the food and food products industry, lumber and wood products industry, petroleum and coal products industry, and all other manufacturing industries specified in Standard Industrial Classification Codes 20 through 39 (or successor classification codes);

“process-oriented industrial assessment” applies in that section

the term “process-oriented industrial assessment” means— (A) the identification of opportunities in the production process (from the introduction of materials to final packaging of the product for shipping) for— (i) improving energy efficiency; (ii) reducing environmental impact; and (iii) designing technological improvements to increase competitiveness and achieve cost-effective product quality enhancement; (B) the identification of opportunities for improving the energy efficiency of lighting, heating, ventilation, air conditioning, and the associated building envelope; and (C) the identification of cost-effective opportunities for using renewable energy technology in the production …

“utility” applies in that section

the term “utility” means any person, State agency (including any municipality), or Federal agency, which sells electric or gas energy to retail customers. (b) Grant program (1) Use of funds The Secretary shall, to the extent funds are made available for such purpose, make grants to States which, consistent with State law, shall be used for the following purposes: (A) To promote, through appropriate institutions such as universities, nonprofit organizations, State and local government entities, technical centers, utilities, and trade organizations, the use of energy-efficient technologies in covered industries.

“van” applies in that section

The term “van” means any automobile which the Secretary determines is manufactured primarily for use in the transportation of not less than 8 individuals and not more than 15 individuals.;

“van pooling arrangement” applies in that section

The term “van pooling arrangement” means an arrangement for the transportation of employees between their residences or other designated locations and their place of employment on a nonprofit basis in which the operating costs of such arrangement are paid for by the employees utilizing such arrangement. (c) Omitted (d) Applicability of plan to Executive agencies The plan developed by the President pursuant to subsection (a)(2) shall be applicable to Executive agencies as defined in section 105 of title 5 and to the United States Postal Service.

“Commission” applies in that section

The term “Commission” means the Federal Trade Commission. (c) Test procedures for determining substantial equivalency of recycled oil and new oil As soon as practicable after December 22, 1975 , the National Institute of Standards and Technology shall develop test procedures for the determination of substantial equivalency of re-refined or otherwise processed used oil or blend of oil, consisting of such re-refined or otherwise processed used oil and new oil or additives, with new oil for a particular end use. As soon as practicable after development of such test procedures, the National Institute of Standards and Technology shall report such procedures to the Commission.

“manufacturer” applies in that section

The term “manufacturer” means any person who re-refines or otherwise processes used oil to remove physical or chemical impurities acquired through use or who blends such re-refined or otherwise processed used oil with new oil or additives.;

“new oil” applies in that section

The term “new oil” means any oil which has been refined from crude oil and has not been used, and which may or may not contain additives. Such term does not include used oil or recycled oil.;

“recycled oil” applies in that section

The term “recycled oil” means— (A) used oil from which physical and chemical contaminants acquired through use have been removed by re-refining or other processing, or (B) any blend of oil, consisting of such re-refined or otherwise processed used oil and new oil or additives, with respect to which the manufacturer has determined, pursuant to the rule prescribed under subsection (d)(1)(A)(i), is substantially equivalent to new oil for a particular end use.;

“used oil” applies in that section

the term “used oil” means any oil which has been refined from crude oil, has been used, and as a result of such use has been contaminated by physical or chemical impurities.;

“Federal agency” applies in that section

the term “Federal agency” has the meaning given the term “Executive agency” in section 105 of title 5 and includes— (A) the United States Postal Service; (B) the Executive Office of the President; (C) the military departments (as defined in section 102 of title 5 ); and (D) the judicial branch. (7) Effective date This subsection shall apply with respect to fiscal year 2016 and each succeeding fiscal year.

“building” applies throughout its part

The term “building” means any structure the construction of which was completed on or before May 1, 1989 , which includes a heating or cooling system, or both.;

“energy audit” applies throughout its part

The term “energy audit” means a determination of the energy consumption characteristics of a building which— (A) identifies the type, size, and rate of energy consumption of such building and the major energy using systems of such building; (B) determines appropriate energy conservation maintenance and operating procedures; and (C) indicates the need, if any, for the acquisition and installation of energy conservation measures.;

“energy conservation maintenance and operating procedure” applies throughout its part

The term “energy conservation maintenance and operating procedure” means modification or modifications in the maintenance and operations of a building, and any installations therein, which are designed to reduce energy consumption in such building and which require no significant expenditure of funds.;

“energy conservation measure” applies throughout its part

The term “energy conservation measure” means an installation or modification of an installation in a building which is primarily intended to maintain or reduce energy consumption and reduce energy costs or allow the use of an alternative energy source, including, but not limited to— (A) insulation of the building structure and systems within the building; (B) storm windows and doors, multiglazed windows and doors, heat absorbing or heat reflective glazed and coated windows and door systems, additional glazing, reductions in glass area, and other window and door system modifications; (C) automatic energy control systems and load management systems; (D) equipment required to operate variable …

“energy conservation project” applies throughout its part

The term “energy conservation project” means— (A) an undertaking to acquire and to install one or more energy conservation measures in school or hospital facilities and (B) technical assistance in connection with any such undertaking and technical assistance as described in paragraph (17)(A).;

“energy conservation project costs” applies throughout its part

The term “energy conservation project costs” includes only costs incurred in the design, acquisition, construction, and installation of energy conservation measures and technical assistance costs.;

“Governor” applies throughout its part

The term “Governor” means the chief executive officer of a State or his designee.

“hospital” applies throughout its part

The term “hospital” means a public or nonprofit institution which is— (A) a general hospital, tuberculosis hospital, or any other type of hospital, other than a hospital furnishing primarily domiciliary care; and (B) duly authorized to provide hospital services under the laws of the State in which it is situated.;

“hospital facilities” applies throughout its part

The term “hospital facilities” means buildings housing a hospital and related facilities, including laboratories, outpatient departments, nurses’ home and training facilities and central service facilities operated in connection with a hospital, and also includes buildings housing education or training facilities for health professions personnel operated as an integral part of a hospital.;

“local education agency” applies throughout its part

The term “local education agency” means a public board of education or other public authority or a nonprofit institution legally constituted within, or otherwise recognized by, a State for either administrative control or direction of, or to perform administrative services for, a group of schools within a State.;

“preliminary energy audit” applies throughout its part

The term “preliminary energy audit” means a determination of the energy consumption characteristics of a building, including the size, type, rate of energy consumption and major energy-using systems of such building.;

“public or nonprofit institution” applies throughout its part

The term “public or nonprofit institution” means an institution owned and operated by— (A) a State, a political subdivision of a State or an agency or instrumentality of either, or (B) an organization exempt from income tax under section 501(c)(3) of title 26 .;

“school” applies throughout its part

The term “school” means a public or nonprofit institution which— (A) provides, and is legally authorized to provide, elementary education or secondary education, or both, on a day or residential basis; (B) (i) provides, and is legally authorized to provide a program of education beyond secondary education, on a day or residential basis; (ii) admits as students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate; (iii) is accredited by a nationally recognized accrediting agency or association; and (iv) provides an educational program for which it awards a bachelor’s degree or higher degree or provides …

“school facilities” applies throughout its part

The term “school facilities” means buildings housing classrooms, laboratories, dormitories, administrative facilities, athletic facilities, or related facilities operated in connection with a school.;

“Secretary” applies throughout its part

The term “Secretary” means the Secretary of Energy or his designee.;

“State” applies throughout its part

The term “State” means, in addition to the several States of the Union, the District of Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands.;

“State energy agency” applies throughout its part

The term “State energy agency” means the State agency responsible for developing State energy conservation plans pursuant to section 6322 of this title , or, if no such agency exists, a State agency designated by the Governor of such State to prepare and submit a State plan under section 6371c of this title .;

“State hospital facilities agency” applies throughout its part

The term “State hospital facilities agency” means an existing agency which is broadly representative of the public hospitals and the nonprofit hospitals, or, if no such agency exists, an agency designated by the Governor of such State which conforms to the requirements of this paragraph.;

“State school facilities agency” applies throughout its part

The term “State school facilities agency” means an existing agency which is broadly representative of public institutions of higher education, nonprofit institutions of higher education, public elementary and secondary schools, nonprofit elementary and secondary schools, public vocational education institutions, nonprofit vocational education institutions, and the interests of handicapped persons, in a State or, if no such agency exists, an agency which is designated by the Governor of such State which conforms to the requirements of this paragraph.;

“technical assistance” applies throughout its part

The term “technical assistance” means assistance, under rules promulgated by the Secretary, to States, schools, and hospitals— (A) to conduct specialized studies identifying and specifying energy savings or energy cost savings that are likely to be realized as a result of (i) modification of maintenance and operating procedures in a building, or (ii) the acquisition and installation of one or more specified energy conservation measures in such building, or (iii) both, and (B) the planning or administration of specific remodeling, renovation, repair, replacement, or insulation projects related to the installation of energy conservation measures in such building.;

“technical assistance costs” applies throughout its part

The term “technical assistance costs” means costs incurred for the use of existing personnel or the temporary employment of other qualified personnel (or both such types of personnel) necessary for providing technical assistance.;

“combined heat and power” applies in that section

The term “combined heat and power” means the generation of electric energy and heat in a single, integrated system, with an overall thermal efficiency of 60 percent or greater on a higher-heating-value basis. (2) District energy systems

“district energy systems” applies in that section

The term “district energy systems” means systems providing thermal energy from a renewable energy source, thermal energy source, or highly efficient technology to more than 1 building or fixed energy-consuming use from 1 or more thermal-energy production facilities through pipes or other means to provide space heating, space conditioning, hot water, steam, compression, process energy, or other end uses for that energy. (3) Energy sustainability

“energy sustainability” applies in that section

The term “energy sustainability” includes using a renewable energy source, thermal energy source, or a highly efficient technology for transportation, electricity generation, heating, cooling, lighting, or other energy services in fixed installations. (4) Institution of higher education

“institution of higher education” applies in that section

The term “institution of higher education” has the meaning given the term in section 15801 of this title . (5) Institutional entity

“institutional entity” applies in that section

The term “institutional entity” means an institution of higher education, a public school district, a local government, a municipal utility, or a designee of 1 of those entities. (6) Renewable energy source

“renewable energy source” applies in that section

The term “renewable energy source” has the meaning given the term in section 918c of title 7 . (7) Sustainable energy infrastructure

“sustainable energy infrastructure” applies in that section

The term “sustainable energy infrastructure” means— (A) facilities for production of energy from renewable energy sources, thermal energy sources, or highly efficient technologies, including combined heat and power or other waste heat use; and (B) district energy systems. (8) Thermal energy source

“thermal energy source” applies in that section

The term “thermal energy source” means— (A) a natural source of cooling or heating from lake or ocean water; and (B) recovery of useful energy that would otherwise be wasted from ongoing energy uses. (b) Technical assistance grants (1) In general Subject to the availability of appropriated funds, the Secretary shall implement a program of information dissemination and technical assistance to institutional entities to assist the institutional entities in identifying, evaluating, designing, and implementing sustainable energy infrastructure projects in energy sustainability.

“school” applies in that section

the term “school” means— (1) an elementary school or secondary school (as defined in section 7801 of title 20 ); (2) an institution of higher education (as defined in section 1001(a) of title 20 ); (3) a postsecondary vocational institution (as defined in section 1002(c) of title 20 ); (4) a school of the defense dependents’ education system under the Defense Dependents’ Education Act of 1978 ( 20 U.S.C. 921 et seq.) or established under section 2164 of title 10 ; (5) a school operated by the Bureau of Indian Education; (6) a tribally controlled school (as defined in section 2511 of title 25 ); and (7) a Tribal College or University (as defined in section 1059c(b) of title 20 ).

“building” applies throughout its part

The term “building” has the meaning provided in section 6371 of this title except that for purposes of this part such term includes only buildings which are owned and primarily occupied by offices or agencies of a unit of local government or by a public care institution and does not include any building intended for seasonal use or any building utilized primarily by a school or hospital.;

“energy audit” applies throughout its part

The terms “hospital”, “State”, “school”, “Governor”, “State energy agency”, “energy conservation measure”, “energy conservation maintenance and operating procedure”, “preliminary energy audit”, “technical assistance costs”, “energy audit” and “Secretary” have the meanings provided in section 6371 of this title .;

“energy conservation maintenance and operating procedure” applies throughout its part

The terms “hospital”, “State”, “school”, “Governor”, “State energy agency”, “energy conservation measure”, “energy conservation maintenance and operating procedure”, “preliminary energy audit”, “technical assistance costs”, “energy audit” and “Secretary” have the meanings provided in section 6371 of this title .;

“energy conservation measure” applies throughout its part

The terms “hospital”, “State”, “school”, “Governor”, “State energy agency”, “energy conservation measure”, “energy conservation maintenance and operating procedure”, “preliminary energy audit”, “technical assistance costs”, “energy audit” and “Secretary” have the meanings provided in section 6371 of this title .;

“Governor” applies throughout its part

The terms “hospital”, “State”, “school”, “Governor”, “State energy agency”, “energy conservation measure”, “energy conservation maintenance and operating procedure”, “preliminary energy audit”, “technical assistance costs”, “energy audit” and “Secretary” have the meanings provided in section 6371 of this title .;