[Code of Federal Regulations]
[Title 10, Volume 3]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR430.73]

[Page 380-381]
 
                            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. 430.73  Remedies.

    If DOE determines that a basic model of a covered product does not 
comply with an applicable energy conservation standard or water 
conservation standard (in the case of faucets, showerheads, water 
closets, and urinals):
    (a) DOE will notify the manufacturer, private labeler or any other 
person as required, of this finding and of the Secretary's intent to 
seek a judicial order restraining further distribution in commerce of 
such basic model unless the manufacturer, private labeler or any other 
person as required, delivers to DOE within 15 calendar days a

[[Page 381]]

statement, satisfactory to DOE, of the steps he will take to insure that 
the noncompliant model will no longer be distributed in commerce. DOE 
will monitor the implementation of such statement.
    (b) If the manufacturer, private labeler or any other person as 
required, fails to stop distribution of the noncompliant model, the 
Secretary may seek to restrain such violation in accordance with section 
334 of the Act.
    (c) The Secretary shall determine whether the facts of the case 
warrant the assessment of civil penalties for knowing violations in 
accordance with section 333 of the Act.

[54 FR 6081, Feb. 7, 1989, as amended at 63 FR 13321, Mar. 18, 1998]