[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: 10CFR431.122]

[Page 331-332]
 
                            TITLE 10--ENERGY
 
                    CHAPTER II--DEPARTMENT OF ENERGY
 
PART 431_ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL 
EQUIPMENT--Table of Contents
 
                 Subpart G_Certification and Enforcement
 
Sec.  431.122  Prohibited acts.

    (a) Each of the following is a prohibited act pursuant to sections 
332 and 345 of the Act:
    (1) Distribution in commerce by a manufacturer or private labeler of 
any new covered equipment which is not labeled in accordance with an 
applicable labeling rule prescribed in accordance

[[Page 332]]

with section 344 of the Act, and in this part;
    (2) Removal from any new covered equipment or rendering illegible, 
by a manufacturer, distributor, retailer, or private labeler, of any 
label required under this part to be provided with such equipment;
    (3) Failure to permit access to, or copying of records required to 
be supplied under the Act and this part, or failure to make reports or 
provide other information required to be supplied under the Act and this 
part;
    (4) Advertisement of covered equipment, by a manufacturer, 
distributor, retailer, or private labeler, in a catalog from which the 
equipment may be purchased, without including in the catalog all 
information as required by Sec.  431.82(b)(1), provided, however, that 
this shall not apply to an advertisement of covered equipment in a 
catalog if distribution of the catalog began before the effective date 
of the labeling rule applicable to that equipment;
    (5) Failure of a manufacturer to supply at his expense a reasonable 
number of units of an electric motor to a test laboratory designated by 
the Secretary;
    (6) Failure of a manufacturer to permit a representative designated 
by the Secretary to observe any testing required by the Act and this 
part, and to inspect the results of such testing; and
    (7) Distribution in commerce by a manufacturer or private labeler of 
any new covered equipment which is not in compliance with an applicable 
energy efficiency standard prescribed under the Act and this part.
    (b) In accordance with sections 333 and 345 of the Act, any person 
who knowingly violates any provision of paragraph (a) of this section 
may be subject to assessment of a civil penalty of no more than $110 for 
each violation. Each violation of paragraphs (a)(1), (2), and (7) of 
this section shall constitute a separate violation with respect to each 
unit of covered equipment, and each day of noncompliance with paragraphs 
(a)(3) through (6) of this section shall constitute a separate 
violation.
    (c) For purposes of this section:
    (1) the term ``new covered equipment'' means covered equipment the 
title of which has not passed to a purchaser who buys such equipment for 
purposes other than:
    (i) reselling such equipment, or
    (ii) leasing such equipment for a period in excess of one year; and
    (2) The term ``knowingly'' means:
    (i) the having of actual knowledge, or
    (ii) the presumed having of knowledge deemed to be possessed by a 
reasonable person who acts in the circumstances, including knowledge 
obtainable upon the exercise of due care.