packaged terminal heat pumps, warm-air furnaces, 
packaged boilers, storage water heaters, instanta-
neous water heaters, or unfired hot water storage 
tanks, the Secretary shall within 6 months publish 
in the Federal Register for public comment an anal-
ysis of the energy savings potential of the amended 
energy efficiency standards. The Secretary shall es-
tablish an amended uniform national standard for 
that product at the minimum level for each effective 
date specified in the amended ASHRAE/IES Stand-
ard 90.1 within 18 months of the ASHRAE amend-
ment’s publication, unless the Secretary determines, 
by rule published in the Federal Register, and sup-
ported by clear and convincing evidence, that adop-
tion of a uniform national standard more stringent 
than such amended ASHRAE/IES Standard 90.1 
for such product would result in significant addi-
tional conservation of energy and is technologically 
feasible and economically justified. 
‘‘(B) If the Secretary issues a rule containing 
such a determination, the rule shall establish such 
amended standard, and shall be issued within 30 
months of the ASHRAE amendment’s publication. 
‘‘(C)(i) Not later than 6 years after issuance of 
any final rule establishing or amending a standard, 
VerDate Aug 31 2005 
01:44 Aug 05, 2007
Jkt 059200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3236.RH
H3236
bajohnson on PROD1PC77 with BILLS
as required for a product under this part, the Sec-
retary shall publish either— 
‘‘(I) a notice of the Secretary’s determina-
tion that standards for that product do not 
need to be amended, based on the criteria in 
subparagraph (A); or 
‘‘(II) a notice of proposed rulemaking in-
cluding new proposed standards based on the 
criteria and procedures in subparagraph (B). 
In either case, the Secretary shall also publish a no-
tice stating that the Department’s analysis is pub-
licly available, and provide opportunity for written 
comment. 
‘‘(ii) Not later than 2 years after a notice 
is issued under clause (i)(II), the Secretary 
shall publish a final rule amending the standard 
for the product. Not later than 3 years after a 
determination under clause (i)(I), the Secretary 
shall make a new determination and publication 
under clause (i)(I) or (II). 
‘‘(iii) An amendment prescribed under this 
subparagraph shall apply to products manufac-
tured after a date which is 3 years after publi-
cation of the final rule establishing a standard, 
except that a manufacturer shall not be re-
VerDate Aug 31 2005 
01:44 Aug 05, 2007
Jkt 059200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3236.RH
H3236
bajohnson on PROD1PC77 with BILLS
‘‘(i) requires Federal Food and Drug 
Administration listing and approval as a 
medical device, as described under section 
513 of the Food, Drug, and Cosmetic Act 
of 1938; or 
‘‘(ii) powers the charger of a detach-
able battery pack or charges the battery of 
a product that is fully or primarily motor 
operated. 
‘‘(D) The term ‘active mode’ means the 
mode of operation when an external power sup-
ply is connected to the main electricity supply 
and the output is connected to a load. 
‘‘(E) The term ‘no-load mode’ means the 
mode of operation when an external power sup-
ply is connected to the main electricity supply 
and the output is not connected to a load.’’ 
(2) by adding at the end the following: 
‘‘(52) The term ‘detachable battery’ means a 
battery that is contained in a separate enclosure 
from the product and is intended to be removed or 
disconnected from the product for recharging.’’. 
(b) Section 323 of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6293) is amended in subsection (b) 
by adding at the end the following: 
VerDate Aug 31 2005 
01:44 Aug 05, 2007
Jkt 059200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3236.RH
H3236
bajohnson on PROD1PC77 with BILLS