109 
section (o), section 342(a)(6)(B), or 
any other applicable law. 
‘‘(ii) ACTION ON WITHDRAWAL.—On 
withdrawal of a direct final rule under 
clause (i), the Secretary shall— 
‘‘(I) proceed with the notice of 
proposed rulemaking published simul-
taneously with the direct final rule as 
described in subparagraph (A)(i); and 
‘‘(II) publish in the Federal Reg-
ister the reasons why the direct final 
rule was withdrawn. 
‘‘(iii) TREATMENT OF WITHDRAWN DI-
RECT FINAL RULES.—A direct final rule 
that is withdrawn under clause (i) shall 
not be considered to be a final rule for 
purposes of subsection (o). 
‘‘(D) EFFECT
OF
PARAGRAPH.—Nothing 
in this paragraph authorizes the Secretary to 
issue a direct final rule based solely on receipt 
of more than 1 statement containing rec-
ommended standards relating to the direct final 
rule.’’. 
(b) CONFORMING AMENDMENT.—Section 345(b)(1) 
of the Energy Policy and Conservation Act (42 U.S.C. 
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6316(b)(1)) is amended in the first sentence by inserting 
‘‘section 325(p)(5),’’ after ‘‘The provisions of’’. 
SEC. 225. PERIODIC REVIEWS. 
(a) TEST PROCEDURES.—Section 323(b)(1) of the 
Energy Policy and Conservation Act (42 U.S.C. 
6293(b)(1)) is amended by striking ‘‘(1)’’ and all that fol-
lows through the end of the paragraph and inserting the 
following: 
‘‘(1) TEST PROCEDURES.— 
‘‘(A) AMENDMENT.—At least once every 7 
years, the Secretary shall review test procedures 
for all covered products and— 
‘‘(i) amend test procedures with re-
spect to any covered product, if the Sec-
retary determines that amended test proce-
dures would more accurately or fully com-
ply with the requirements of paragraph 
(3); or 
‘‘(ii) publish notice in the Federal 
Register of any determination not to 
amend a test procedure.’’. 
(b) ENERGY CONSERVATION STANDARDS.—Section 
325(m) of the Energy Policy and Conservation Act (42 
U.S.C. 6295(m)) is amended— 
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111 
(1) by designating the first and second sen-
tences as paragraphs (1) and (4), respectively; 
(2) by striking paragraph (1) (as so designated) 
and inserting the following: 
‘‘(1) IN GENERAL.—After issuance of the last 
final rules required for a product under this part, 
the Secretary shall, not later than 5 years after the 
date of issuance of a final rule establishing or 
amending a standard or determining not to amend 
a standard, publish a final rule to determine whether 
standards for the product should or should not be 
amended based on the criteria in subsection (n)(2). 
‘‘(2) ANALYSIS.—Prior to publication of the de-
termination, the Secretary shall publish a notice of 
availability describing the analysis of the Depart-
ment and provide opportunity for written comment. 
‘‘(3) FINAL
RULE.—Not later than 3 years 
after a positive determination under paragraph (1), 
the Secretary shall publish a final rule amending the 
standard for the product.’’; and 
(3) in paragraph (4) (as so designated), by 
striking ‘‘(4) An’’ and inserting the following: 
‘‘(4) APPLICATION OF AMENDMENT.—An’’. 
(c) STANDARDS.—Section 342(a)(6) of the Energy 
Policy and Conservation Act (42 U.S.C. 6313(a)(6)) is 
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