[Code of Federal Regulations]
[Title 10, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR430.71]

[Page 294-295]
 
                            TITLE 10--ENERGY
 
                    CHAPTER II--DEPARTMENT OF ENERGY
 
PART 430_ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS--Table of Contents
 
                 Subpart F_Certification and Enforcement
 
Sec.  430.71  Cessation of distribution of a basic model.

    (a) In the event that a model is determined noncompliant by DOE in 
accordance with Sec.  430.70 of this part or if a manufacturer or 
private labeler determines a model to be in noncompliance, then the 
manufacturer or private labeler shall:
    (1) Immediately cease distribution in commerce of the basic model;
    (2) Give immediate written notification of the determination of 
noncompliance, to all persons to whom the manufacturer has distributed 
units of the basic model manufactured since the date of the last 
determination of compliance.
    (3) Pursuant to a request made by the Secretary, provide DOE within 
30 days of the request, records, reports and other documentation 
pertaining to the acquisition, ordering, storage, shipment, or sale of a 
basic model determined to be in noncompliance.
    (4) The manufacturer may modify the noncompliant basic model in such 
manner as to make it comply with the applicable performance standard. 
Such modified basic model shall then be treated as a new basic model and 
must

[[Page 295]]

be certified in accordance with the provisions of this subpart; except 
that in addition satisfying all requirements of this subpart, the 
manufacturer shall also maintain records that demonstrate that 
modifications have been made to all units of the new basic model prior 
to distribution in commerce.
    (b) If a basic model is not properly certified in accordance with 
the requirements of this subpart, the Secretary may seek, among other 
remedies, injunctive action to prohibit distribution in commerce of such 
basic model.