[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: 10CFR431.128]

[Page 336-337]
 
                            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.  431.128  Cessation of distribution of a basic model.

    (a) In the event that a model is determined non-compliant by the 
Department in accordance with Sec.  431.127 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 the 
Department 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 non-compliant 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 be certified in accordance with the provisions of this 
subpart; except that in

[[Page 337]]

addition to 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.