104 
‘‘(A) IN GENERAL.—If a State has issued 
a rule under paragraph (3) with respect to a 
covered product and subsequently a Federal en-
ergy conservation standard concerning the prod-
uct is amended pursuant to section 325, any 
person subject to the State regulation may file 
a petition with the Secretary requesting the 
Secretary to withdraw the rule issued under 
paragraph (3) with respect to the product in 
the State. 
‘‘(B) BURDEN OF PROOF.—The Secretary 
shall consider the petition in accordance with 
paragraph (5) and the burden shall be on the 
petitioner to show by a preponderance of the 
evidence that the rule received by the State 
under paragraph (3) should be withdrawn as a 
result of the amendment to the Federal stand-
ard. 
‘‘(C) WITHDRAWAL.—If the Secretary de-
termines that the petitioner has shown that the 
rule issued by the Secretary under paragraph 
(3) should be withdrawn in accordance with 
subparagraph (B), the Secretary shall withdraw 
the rule.’’. 
(b) CONFORMING AMENDMENTS.— 
VerDate Aug 31 2005 
01:58 Jun 30, 2007
Jkt 059200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H2950.IH
H2950
ccoleman on PRODPC75 with BILLS
105 
(1) Section 327 of the Energy Policy and Con-
servation Act (42 U.S.C. 6297) is amended— 
(A) in subsection (b)— 
(i) in paragraph (2), by striking ‘‘sub-
section (e)’’ and inserting ‘‘subsection (f)’’; 
and 
(ii) in paragraph (3)— 
(I) 
by 
striking 
‘‘subsection 
(f)(1)’’ 
and 
inserting 
‘‘subsection 
(g)(1)’’; and 
(II) 
by 
striking 
‘‘subsection 
(f)(2)’’ 
and 
inserting 
‘‘subsection 
(g)(2)’’; and 
(B) in subsection (c)(3), by striking ‘‘sub-
section 
(f)(3)’’ 
and 
inserting 
‘‘subsection 
(g)(3)’’. 
(2) Section 345(b)(2) of the Energy Policy and 
Conservation Act (42 U.S.C. 6316(b)(2)) is amend-
ed by adding at the end the following: 
‘‘(E) RELATIONSHIP
TO
CERTAIN
STATE 
REGULATIONS.—Notwithstanding subparagraph 
(A), a standard prescribed or established under 
section 342(a) with respect to the equipment 
specified in subparagraphs (B), (C), (D), (H), 
(I), and (J) of section 340 shall not supersede 
VerDate Aug 31 2005 
01:58 Jun 30, 2007
Jkt 059200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H2950.IH
H2950
ccoleman on PRODPC75 with BILLS
106 
a State regulation that is effective under the 
terms, conditions, criteria, procedures, and 
other requirements of section 327(e).’’. 
SEC. 223. FURNACE FAN RULEMAKING. 
Section 325(f)(3) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6295(f)(3)) is amended by adding at 
the end the following: 
‘‘(E) FINAL RULE.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall publish a final rule to carry out this 
subsection not later than December 31, 
2014. 
‘‘(ii) CRITERIA.—The standards shall 
meet the criteria established under sub-
section (o).’’. 
SEC. 224. EXPEDITED RULEMAKINGS. 
(a) PROCEDURE FOR PRESCRIBING NEW OR AMEND-
ED STANDARDS.—Section 325(p) of the Energy Policy 
and Conservation Act (42 U.S.C. 6295(p)) is amended by 
adding at the end the following: 
‘‘(5) DIRECT FINAL RULES.— 
‘‘(A) IN GENERAL.—On receipt of a state-
ment that is submitted jointly by interested per-
sons that are fairly representative of relevant 
points of view (including representatives of 
VerDate Aug 31 2005 
01:58 Jun 30, 2007
Jkt 059200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H2950.IH
H2950
ccoleman on PRODPC75 with BILLS
107 
manufacturers of covered products, States, and 
efficiency advocates), as determined by the Sec-
retary, and contains recommendations with re-
spect to an energy or water conservation stand-
ard— 
‘‘(i) if the Secretary determines that 
the recommended standard contained in 
the statement is in accordance with sub-
section (o) or section 342(a)(6)(B), as ap-
plicable, the Secretary may issue a final 
rule that establishes an energy or water 
conservation standard and is published si-
multaneously with a notice of proposed 
rulemaking that proposes a new or amend-
ed energy or water conservation standard 
that is identical to the standard established 
in the final rule to establish the rec-
ommended standard (referred to in this 
paragraph as a ‘direct final rule’); or 
‘‘(ii) if the Secretary determines that 
a direct final rule cannot be issued based 
on the statement, the Secretary shall pub-
lish a notice of the determination, together 
with an explanation of the reasons for the 
determination. 
VerDate Aug 31 2005 
01:58 Jun 30, 2007
Jkt 059200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H2950.IH
H2950
ccoleman on PRODPC75 with BILLS
108 
‘‘(B) PUBLIC
COMMENT.—The Secretary 
shall— 
‘‘(i) solicit public comment with re-
spect to each direct final rule issued by the 
Secretary under subparagraph (A)(i); and 
‘‘(ii) publish a response to each com-
ment so received. 
‘‘(C) WITHDRAWAL
OF
DIRECT
FINAL 
RULES.— 
‘‘(i) IN
GENERAL.—Not later than 
120 days after the date on which a direct 
final rule issued under subparagraph (A)(i) 
is published in the Federal Register, the 
Secretary shall withdraw the direct final 
rule if— 
‘‘(I) the Secretary receives 1 or 
more adverse public comments relat-
ing to the direct final rule under sub-
paragraph (B)(i); and 
‘‘(II) based on the complete rule-
making record relating to the direct 
final rule, the Secretary tentatively 
determines that the adverse public 
comments are relevant under sub-
VerDate Aug 31 2005 
01:58 Jun 30, 2007
Jkt 059200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H2950.IH
H2950
ccoleman on PRODPC75 with BILLS