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electricity supply and the output is connected to
a load.
‘‘(C) CLASS A EXTERNAL POWER SUPPLY.—
‘‘(i) IN GENERAL.—The term ‘class A
external power supply’ means a device
that—
‘‘(I) is designed to convert line
voltage AC input into lower voltage AC
or DC output;
‘‘(II) is able to convert to only 1
AC or DC output voltage at a time;
‘‘(III) is sold with, or intended to
be used with, a separate end-use prod-
uct that constitutes the primary load;
‘‘(IV) is contained in a separate
physical enclosure from the end-use
product;
‘‘(V) is connected to the end-use
product via a removable or hard-wired
male/female electrical connection, cable,
cord, or other wiring; and
‘‘(VI) has nameplate output power
that is less than or equal to 250 watts.
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‘‘(ii) EXCLUSIONS.—The term ‘class A
external power supply’ does not include any
device that—
‘‘(I) requires Federal Food and
Drug Administration listing and ap-
proval as a medical device in accord-
ance with section 513 of the Federal
Food, Drug, and Cosmetic Act (21
U.S.C. 360c); or
‘‘(II) powers the charger of a de-
tachable battery pack or charges the
battery of a product that is fully or
primarily motor operated.
‘‘(D) NO-LOAD MODE.—The term ‘no-load
mode’ means the mode of operation when an ex-
ternal power supply is connected to the main
electricity supply and the output is not con-
nected to a load.’’; and
(2) by adding at the end the following:
‘‘(52) DETACHABLE
BATTERY.—The term ‘de-
tachable battery’ means a battery that is—
‘‘(A) contained in a separate enclosure from
the product; and
‘‘(B) intended to be removed or disconnected
from the product for recharging.’’.
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(b) TEST PROCEDURES.—Section 323(b) of the Energy
Policy and Conservation Act (42 U.S.C. 6293(b)) is amend-
ed by adding at the end the following:
‘‘(17) CLASS A EXTERNAL POWER SUPPLIES.—
Test procedures for class A external power supplies
shall be based on the ‘Test Method for Calculating the
Energy Efficiency of Single-Voltage External AC–DC
and AC–AC Power Supplies’ published by the Envi-
ronmental Protection Agency on August 11, 2004, ex-
cept that the test voltage specified in section 4(d) of
that test method shall be only 115 volts, 60 Hz.’’.
(c) EFFICIENCY STANDARDS FOR CLASS A EXTERNAL
POWER SUPPLIES.—Section 325(u) of the Energy Policy
and Conservation Act (42 U.S.C. 6295(u)) is amended by
adding at the end the following:
‘‘(6) EFFICIENCY STANDARDS FOR CLASS A EX-
TERNAL POWER SUPPLIES.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) through (D), a class A external power
supply manufactured on or after the later of
July 1, 2008, or the date of enactment of this
paragraph shall meet the following standards:
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‘‘Active Mode
‘‘Nameplate Output
Required Efficiency
(decimal equivalent of a per-
centage)
Less than 1 watt
0.5 times the Nameplate Output
From 1 watt to not more than 51
watts
The sum of 0.09 times the Natural
Logarithm of the Nameplate Output
and 0.5
Greater than 51 watts
0.85
‘‘No-Load Mode
‘‘Nameplate Output
Maximum Consumption
Not more than 250 watts
0.5 watts
‘‘(B) NONCOVERED SUPPLIES.—A class A
external power supply shall not be subject to sub-
paragraph (A) if the class A external power sup-
ply is—
‘‘(i) manufactured during the period
beginning on July 1, 2008, and ending on
June 30, 2015; and
‘‘(ii) made available by the manufac-
turer as a service part or a spare part for
an end-use product—
‘‘(I) that constitutes the primary
load; and
‘‘(II) was manufactured before
July 1, 2008.
‘‘(C) MARKING.—Any class A external
power supply manufactured on or after the later
of July 1, 2008 or the date of enactment of this
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paragraph shall be clearly and permanently
marked in accordance with the External Power
Supply International Efficiency Marking Pro-
tocol, as referenced in the ‘Energy Star Program
Requirements for Single Voltage External AC–
DC and AC–AC Power Supplies, version 1.1’
published by the Environmental Protection
Agency.
‘‘(D) AMENDMENT OF STANDARDS.—
‘‘(i) FINAL RULE BY JULY 1, 2011.—
‘‘(I) IN GENERAL.—Not later than
July 1, 2011, the Secretary shall pub-
lish a final rule to determine whether
the standards established under sub-
paragraph (A) should be amended.
‘‘(II) 
ADMINISTRATION.—The
final rule shall—
‘‘(aa) contain any amended
standards; and
‘‘(bb) apply to products man-
ufactured on or after July 1,
2013.
‘‘(ii) FINAL RULE BY JULY 1, 2015.—
‘‘(I) IN GENERAL.—Not later than
July 1, 2015 the Secretary shall pub-
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lish a final rule to determine whether
the standards then in effect should be
amended.
‘‘(II) 
ADMINISTRATION.—The
final rule shall—
‘‘(aa) contain any amended
standards; and
‘‘(bb) apply to products man-
ufactured on or after July 1,
2017.
‘‘(7) END-USE PRODUCTS.—An energy conserva-
tion standard for external power supplies shall not
constitute an energy conservation standard for the
separate end-use product to which the external power
supplies is connected.’’.
SEC. 302. UPDATING APPLIANCE TEST PROCEDURES.
(a) CONSUMER APPLIANCES.—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 follows 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—
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‘‘(i) amend test procedures with respect
to any covered product, if the Secretary de-
termines that amended test procedures
would more accurately or fully comply with
the requirements of paragraph (3); or
‘‘(ii) publish notice in the Federal Reg-
ister of any determination not to amend a
test procedure.’’.
(b) INDUSTRIAL EQUIPMENT.—Section 343(a) of the
Energy Policy and Conservation Act (42 U.S.C. 6313(a))
is amended by striking ‘‘(a)’’ and all that follows through
the end of paragraph (1) and inserting the following:
‘‘(a) 
PRESCRIPTION
BY
SECRETARY; 
REQUIRE-
MENTS.—
‘‘(1) TEST PROCEDURES.—
‘‘(A) AMENDMENT.—At least once every 7
years, the Secretary shall conduct an evaluation
of each class of covered equipment and—
‘‘(i) if the Secretary determines that
amended test procedures would more accu-
rately or fully comply with the requirements
of paragraphs (2) and (3), shall prescribe
test procedures for the class in accordance
with this section; or
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‘‘(ii) shall publish notice in the Federal
Register of any determination not to amend
a test procedure.’’.
SEC. 303. RESIDENTIAL BOILERS.
Section 325(f) of the Energy Policy and Conservation
Act (42 U.S.C. 6295(f)) is amended—
(1) in the subsection heading, by inserting ‘‘AND
BOILERS’’ after ‘‘FURNACES’’;
(2) by redesignating paragraph (3) as para-
graph (4); and
(3) by inserting after paragraph (2) the fol-
lowing:
‘‘(3) BOILERS.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), boilers manufactured on or
after September 1, 2012, shall meet the following
requirements:
Boiler Type
Minimum Annual Fuel
Utilization Efficiency
Design Requirements
Gas Hot Water .................
82%
No Constant Burning
Pilot, Automatic Means
for Adjusting Water Tem-
perature
Gas Steam ......................
80%
No Constant Burning
Pilot
Oil Hot Water ..................
84%
Automatic Means for Ad-
justing Temperature
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Boiler Type
Minimum Annual Fuel
Utilization Efficiency
Design Requirements
Oil Steam .......................
82%
None
Electric Hot Water ..........
None
Automatic Means for Ad-
justing Temperature
Electric Steam .................
None
None
‘‘(B) AUTOMATIC
MEANS
FOR
ADJUSTING
WATER TEMPERATURE.—
‘‘(i) IN GENERAL.—The manufacturer
shall equip each gas, oil, and electric hot
water boiler (other than a boiler equipped
with a tankless domestic water heating coil)
with automatic means for adjusting the
temperature of the water supplied by the
boiler to ensure that an incremental change
in inferred heat load produces a cor-
responding incremental change in the tem-
perature of water supplied.
‘‘(ii) SINGLE INPUT RATE.—For a boil-
er that fires at 1 input rate, the require-
ments of this subparagraph may be satisfied
by providing an automatic means that al-
lows the burner or heating element to fire
only when the means has determined that
the inferred heat load cannot be met by the
residual heat of the water in the system.
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‘‘(iii) NO
INFERRED
HEAT
LOAD.—
When there is no inferred heat load with re-
spect to a hot water boiler, the automatic
means described in clause (i) and (ii) shall
limit the temperature of the water in the
boiler to not more than 140 degrees Fahr-
enheit.
‘‘(iv) OPERATION.—A boiler described
in clause (i) or (ii) shall be operable only
when the automatic means described in
clauses (i), (ii), and (iii) is installed.
‘‘(C) EXCEPTION.—A boiler that is manu-
factured to operate without any need for elec-
tricity or any electric connection, electric gauges,
electric pumps, electric wires, or electric devices
shall not be required to meet the requirements of
this paragraph.’’.
SEC. 304. FURNACE FAN STANDARD PROCESS.
Paragraph (4)(D) of section 325(f) of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6295(f)) (as redesig-
nated by section 303(4)) is amended by striking ‘‘the Sec-
retary may’’ and inserting ‘‘not later than December 31,
2013, the Secretary shall’’.
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SEC. 305. IMPROVING SCHEDULE FOR STANDARDS UPDAT-
ING AND CLARIFYING STATE AUTHORITY.
(a) CONSUMER APPLIANCES.—Section 325 of the En-
ergy Policy and Conservation Act (42 U.S.C. 6295) is
amended by striking subsection (m) and inserting the fol-
lowing:
‘‘(m) AMENDMENT OF STANDARDS.—
‘‘(1) IN GENERAL.—Not later than 6 years after
issuance of any final rule establishing or amending a
standard, as required for a product under this part,
the Secretary shall publish—
‘‘(A) a notice of the determination of the
Secretary that standards for the product do not
need to be amended, based on the criteria estab-
lished under subsection (n)(2); or
‘‘(B) a notice of proposed rulemaking in-
cluding new proposed standards based on the cri-
teria established under subsection (o) and the
procedures established under subsection (p).
‘‘(2) NOTICE.—If the Secretary publishes a no-
tice under paragraph (1), the Secretary shall—
‘‘(A) publish a notice stating that the anal-
ysis of the Department is publicly available; and
‘‘(B) provide an opportunity for written
comment.
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heaters, direct heating equipment, and fur-
naces, such a product that is manufactured
after the date that is 5 years after publica-
tion of the final rule establishing an appli-
cable standard.
‘‘(B) OTHER NEW STANDARDS.—A manu-
facturer shall not be required to apply new
standards to a product with respect to which
other new standards have been required during
the prior 6-year period.
‘‘(5) REPORTS.—The Secretary shall promptly
submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on
Energy and Natural Resources of the Senate—
‘‘(A) a progress report every 180 days on
compliance with this section, including a specific
plan to remedy any failures to comply with
deadlines for action established under this sec-
tion; and
‘‘(B) all required reports to the Court or to
any party to the Consent Decree in State of New
York v Bodman, Consolidated Civil Actions No.
05 Civ. 7807 and No. 05 Civ. 7808.’’.
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(b) INDUSTRIAL EQUIPMENT.—Section 342(a)(6) of
the Energy Policy and Conservation Act (42 U.S.C.
6313(a)(6)) is amended—
(1) by redesignating subparagraph (C) as sub-
paragraph (D); and
(2) by striking ‘‘(6)(A)(i)’’ and all that follows
through the end of subparagraph (B) and inserting
the following:
‘‘(6) AMENDED
ENERGY
EFFICIENCY
STAND-
ARDS.—
‘‘(A) IN GENERAL.—
‘‘(i) ANALYSIS OF POTENTIAL ENERGY
SAVINGS.—If ASHRAE/IES Standard 90.1
is amended with respect to any small com-
mercial package air conditioning and heat-
ing equipment, large commercial package
air conditioning and heating equipment,
very large commercial package air condi-
tioning and heating equipment, packaged
terminal air conditioners, packaged ter-
minal heat pumps, warm-air furnaces,
packaged boilers, storage water heaters, in-
stantaneous water heaters, or unfired hot
water storage tanks, not later than 180 days
after the amendment of the standard, the
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Secretary shall publish in the Federal Reg-
ister for public comment an analysis of the
energy savings potential of amended energy
efficiency standards.
‘‘(ii) AMENDED
UNIFORM
NATIONAL
STANDARD FOR PRODUCTS.—
‘‘(I) IN GENERAL.—Except as pro-
vided in subclause (II), not later than
18 months after the date of publication
of the amendment to the ASHRAE/
IES Standard 90.1 for a product de-
scribed in clause (i), the Secretary
shall establish an amended uniform
national standard for the product at
the minimum level specified in the
amended 
ASHRAE/IES 
Standard
90.1.
‘‘(II) MORE
STRINGENT
STAND-
ARD.—Subclause (I) shall not apply if
the Secretary determines, by rule pub-
lished in the Federal Register, and
supported by clear and convincing evi-
dence, that adoption of a uniform na-
tional standard more stringent than
the amended ASHRAE/IES Standard
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90.1 for the product would result in
significant additional conservation of
energy and is technologically feasible
and economically justified.
‘‘(B) RULE.—If the Secretary makes a de-
termination described in clause (ii)(II) for a
product described in clause (i), not later than 30
months after the date of publication of the
amendment to the ASHRAE/IES Standard 90.1
for the product, the Secretary shall issue the rule
establishing the amended standard.
‘‘(C) AMENDMENT OF STANDARD.—
‘‘(i) IN GENERAL.—Not later than 6
years after issuance of any final rule estab-
lishing or amending a standard, as required
for a product under this part, the Secretary
shall publish—
‘‘(I) a notice of the determination
of the Secretary that standards for the
product do not need to be amended,
based on the criteria established under
subparagraph (A); or
‘‘(II) a notice of proposed rule-
making including new proposed stand-
ards based on the criteria and proce-
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dures established under subparagraph
(B).
‘‘(ii) NOTICE.—If the Secretary pub-
lishes a notice under clause (i), the Sec-
retary shall—
‘‘(I) publish a notice stating that
the analysis of the Department is pub-
licly available; and
‘‘(II) provide an opportunity for
written comment.
‘‘(iii) AMENDMENT OF STANDARD; NEW
DETERMINATION.—
‘‘(I) 
AMENDMENT
OF
STAND-
ARD.—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.
‘‘(II) NEW DETERMINATION.—Not
later than 3 years after a determina-
tion under clause (i)(I), the Secretary
shall make a new determination and
publication under subclause (I) or (II)
of clause (i).
‘‘(iv) APPLICATION TO PRODUCTS.—An
amendment prescribed under this subsection
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shall apply to products manufactured after
a date that is the later of—
‘‘(I) the date that is 3 years after
publication of the final rule estab-
lishing a new standard; or
‘‘(II) the date that is 6 years after
the effective date of the current stand-
ard for a covered product.
‘‘(v) REPORTS.—The Secretary shall
promptly submit to the Committee on En-
ergy and Commerce of the House of Rep-
resentatives and the Committee on Energy
and Natural Resources of the Senate a
progress report every 180 days on compli-
ance with this subparagraph, including a
specific plan to remedy any failures to com-
ply with deadlines for action established
under this subparagraph.’’.
SEC. 306. REGIONAL STANDARDS FOR FURNACES, CENTRAL
AIR CONDITIONERS, AND HEAT PUMPS.
(a) IN GENERAL.—Section 325(o) of the Energy Policy
and Conservation Act (42 U.S.C. 6295(o)) is amended by
adding at the end the following:
‘‘(6) REGIONAL STANDARDS FOR FURNACES, CEN-
TRAL AIR CONDITIONERS, AND HEAT PUMPS.—
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‘‘(A) IN GENERAL.—In any rulemaking to
establish a new or amended standard, the Sec-
retary may consider the establishment of sepa-
rate standards by geographic region for furnaces
(except boilers), central air conditioners, and
heat pumps.
‘‘(B) NATIONAL
AND
REGIONAL
STAND-
ARDS.—
‘‘(i) NATIONAL STANDARD.—If the Sec-
retary establishes a regional standard for a
product, the Secretary shall establish a base
national standard for the product.
‘‘(ii) REGIONAL
STANDARDS.—If the
Secretary establishes a regional standard
for a product, the Secretary may establish
more restrictive standards for the product
by geographic region as follows:
‘‘(I) For furnaces, the Secretary
may establish 1 additional standard
that is applicable in a geographic re-
gion defined by the Secretary.
‘‘(II) For any cooling product, the
Secretary may establish 1 or 2 addi-
tional standards that are applicable in
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1 or 2 geographic regions as may be
defined by the Secretary.
‘‘(C) BOUNDARIES
OF
GEOGRAPHIC
RE-
GIONS.—
‘‘(i) IN
GENERAL.—Subject to clause
(ii), the boundaries of additional geographic
regions established by the Secretary under
this paragraph shall include only contig-
uous States.
‘‘(ii) ALASKA AND HAWAII.—The States
of Alaska and Hawaii may be included
under this paragraph in a geographic re-
gion that the States are not contiguous to.
‘‘(iii) 
INDIVIDUAL
STATES.—Indi-
vidual States shall be placed only into a
single region under this paragraph.
‘‘(D) PREREQUISITES.—In establishing ad-
ditional regional standards under this para-
graph, the Secretary shall—
‘‘(i) 
establish 
additional 
regional
standards only if the Secretary determines
that—
‘‘(I) the establishment of addi-
tional regional standards will produce
significant energy savings in compari-
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son to establishing only a single na-
tional standard; and
‘‘(II) 
the 
additional 
regional
standards are economically justified
under this paragraph; and
‘‘(ii) consider the impact of the addi-
tional regional standards on consumers,
manufacturers, and other market partici-
pants, including product distributors, deal-
ers, contractors, and installers.
‘‘(E) APPLICATION; EFFECTIVE DATE.—
‘‘(i) BASE NATIONAL STANDARD.—Any
base national standard established for a
product under this paragraph shall—
‘‘(I) be the minimum standard for
the product; and
‘‘(II) apply to all products manu-
factured or imported into the United
States on and after the effective date
for the standard.
‘‘(ii) REGIONAL STANDARDS.—Any ad-
ditional and more restrictive regional
standard established for a product under
this paragraph shall apply to any such
product installed on or after the effective
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date of the standard in States in which the
Secretary has designated the standard to
apply.
‘‘(F) CONTINUATION OF REGIONAL STAND-
ARDS.—
‘‘(i) IN GENERAL.—In any subsequent
rulemaking for any product for which a re-
gional standard has been previously estab-
lished, the Secretary shall determine wheth-
er to continue the establishment of separate
regional standards for the product.
‘‘(ii) REGIONAL STANDARD NO LONGER
APPROPRIATE.—Except 
as 
provided 
in
clause (iii), if the Secretary determines that
regional standards are no longer appro-
priate for a product, beginning on the effec-
tive date of the amended standard for the
product—
‘‘(I) there shall be 1 base national
standard for the product with Federal
enforcement; and
‘‘(II) State authority for enforcing
a regional standard for the product
shall terminate.
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‘‘(iii) REGIONAL
STANDARD
APPRO-
PRIATE
BUT
STANDARD
OR
REGION
CHANGED.—
‘‘(I) STATE
NO
LONGER
CON-
TAINED
IN
REGION.—Subject to sub-
clause (III), if a State is no longer
contained in a region in which a re-
gional standard that is more stringent
than the base national standard ap-
plies, the authority of the State to en-
force the regional standard shall termi-
nate.
‘‘(II) STANDARD OR REGION RE-
VISED
SO
THAT
EXISTING
REGIONAL
STANDARD
EQUALS
BASE
NATIONAL
STANDARD.—If the Secretary revises a
base national standard for a product
or the geographic definition of a region
so that an existing regional standard
for a State is equal to the revised base
national standard—
‘‘(aa) the authority of the
State to enforce the regional
standard shall terminate on the
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effective date of the revised base
national standard; and
‘‘(bb) the State shall be sub-
ject to the revised base national
standard.
‘‘(III) STANDARD OR REGION RE-
VISED
SO
THAT
EXISTING
REGIONAL
STANDARD
EQUALS
BASE
NATIONAL
STANDARD.—If the Secretary revises a
base national standard for a product
or the geographic definition of a region
so that the standard for a State is
lower than the previously approved re-
gional standard, the State may con-
tinue to enforce the previously ap-
proved standard level.
‘‘(iv) WAIVER
OF
FEDERAL
PREEMP-
TION.—Nothing in this paragraph dimin-
ishes the authority of a State to enforce a
State regulation for which a waiver of Fed-
eral preemption has been granted under sec-
tion 327(d).
‘‘(G) ENFORCEMENT.—
‘‘(i) BASE NATIONAL STANDARD.—
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‘‘(I) IN GENERAL.—The Secretary
shall enforce any base national stand-
ard.
‘‘(II) TRADE
ASSOCIATION
CER-
TIFICATION
PROGRAMS.—In enforcing
the base national standard, the Sec-
retary shall use, to the maximum ex-
tent practicable, national standard na-
tionally recognized certification pro-
grams of trade associations.
‘‘(ii) REGIONAL STANDARDS.—
‘‘(I) ENFORCEMENT
PLAN.—Not
later than 90 days after the date of the
issuance of a final rule that establishes
a regional standard, the Secretary
shall initiate a rulemaking to develop
and implement an effective enforcement
plan for regional standards for the
products that are covered by the final
rule.
‘‘(II) RESPONSIBLE
ENTITIES.—
Any rules regarding enforcement of a
regional standard shall clearly specify
which entities are legally responsible
for compliance with the standards and
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for making any required information
or labeling disclosures.
‘‘(III) FINAL
RULE.—Not later
than 15 months after the date of the
issuance of a final rule that establishes
a regional standard for a product, the
Secretary shall promulgate a final rule
covering enforcement of regional stand-
ards for the product.
‘‘(IV) INCORPORATION BY STATES
AND LOCALITIES.—A State or locality
may incorporate any Federal regional
standard into State or local building
codes or State appliance standards.
‘‘(V) STATE
ENFORCEMENT.—A
State agency may seek enforcement of
a Federal regional standard in a Fed-
eral court of competent jurisdiction.
‘‘(H) INFORMATION DISCLOSURE.—
‘‘(i) IN GENERAL.—Not later than 90
days after the date of the publication of a
final rule that establishes a regional stand-
ard for a product, the Federal Trade Com-
mission shall undertake a rulemaking to de-
termine the appropriate 1 or more methods
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for disclosing information so that con-
sumers, distributors, contractors, and in-
stallers can easily determine whether a spe-
cific piece of equipment that is installed in
a specific building is in conformance with
the regional standard that applies to the
building.
‘‘(ii) METHODS.—A method of dis-
closing information under clause (i) may
include—
‘‘(I) modifications to the Energy
Guide label; or
‘‘(II) other methods that make it
easy for consumers and installers to
use and understand at the point of in-
stallation.
‘‘(iii) COMPLETION OF RULEMAKING.—
The rulemaking shall be completed not later
15 months after the date of the publication
of a final rule that establishes a regional
standard for a product.’’.
(b) PROHIBITED ACTS.—Section 332(a) of the Energy
Policy and Conservation Act (42 U.S.C. 6302(a)) is
amended—
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(1) in paragraph (4), by striking ‘‘or’’ after the
semicolon at the end;
(2) in paragraph (5), by striking ‘‘part.’’ and
inserting ‘‘part, except to the extent that the new cov-
ered product is covered by a regional standard that
is more stringent than the base national standard;
or’’; and
(3) by adding at the end the following:
‘‘(6) for any manufacturer or private labeler to
knowingly sell a product to a distributor, contractor,
or dealer with knowledge that the entity routinely vio-
lates any regional standard applicable to the prod-
uct.’’.
(c) CONSIDERATION OF PRICES AND OPERATING PAT-
TERNS.—Section 342(a)(6)(B) of the Energy Policy and
Conservation Act (42 U.S.C. 6313(a)(6)(B)) is amended by
adding at the end the following:
‘‘(iii) CONSIDERATION OF PRICES AND
OPERATING PATTERNS.—If the Secretary is
considering revised standards for air-cooled
3-phase central air conditioners and central
air conditioning heat pumps with less
65,000 Btu per hour (cooling capacity), the
Secretary shall use commercial energy
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prices and operating patterns in all anal-
yses conducted by the Secretary.’’.
SEC. 307. PROCEDURE FOR PRESCRIBING NEW OR AMEND-
ED STANDARDS.
Section 325(p) of the Energy Policy and Conservation
Act (42 U.S.C. 6925(p)) is amended—
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) through (4)
as paragraphs (1) through (3), respectively.
SEC. 308. EXPEDITED RULEMAKINGS.
(a) PROCEDURE FOR PRESCRIBING NEW OR AMENDED
STANDARDS.—Section 325(p) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(p)) (as amended by sec-
tion 307) is amended by adding at the end the following:
‘‘(4) 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 man-
ufacturers of covered products, States, and effi-
ciency advocates), as determined by the Sec-
retary, and contains recommendations with re-
spect to an energy or water conservation
standard—
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‘‘(i) if the Secretary determines that
the recommended standard contained in the
statement is in accordance with subsection
(o) or section 342(a)(6)(B), as applicable,
the Secretary may issue a final rule that es-
tablishes an energy or water conservation
standard and is published simultaneously
with a notice of proposed rulemaking that
proposes a new or amended energy or water
conservation standard that is identical to
the standard established in the final rule to
establish the recommended standard (re-
ferred 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 publish a
notice of the determination, together with
an explanation of the reasons for the deter-
mination.
‘‘(B) PUBLIC
COMMENT.—The Secretary
shall solicit public comment for a period of at
least 110 days with respect to each direct final
rule issued by the Secretary under subparagraph
(A)(i).
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‘‘(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 Sec-
retary shall withdraw the direct final rule
if—
‘‘(I) the Secretary receives 1 or
more adverse public comments relating
to the direct final rule under subpara-
graph (B)(i) or any alternative joint
recommendation; and
‘‘(II) based on the rulemaking
record relating to the direct final rule,
the Secretary determines that such ad-
verse public comments or alternative
joint recommendation may provide a
reasonable basis for withdrawing the
direct final rule under subsection (o),
section 342(a)(6)(B), or any other ap-
plicable law.
‘‘(ii) ACTION
ON
WITHDRAWAL.—On
withdrawal of a direct final rule under
clause (i), the Secretary shall—
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‘‘(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 recommended
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.
6316(b)(1)) is amended in the first sentence by inserting
‘‘section 325(p)(5),’’ after ‘‘The provisions of’’.
SEC. 309. BATTERY CHARGERS.
Section 325(u)(1)(E) of the Energy Policy and Con-
servation Act (42 U.S.C. 6295(u)(1)(E)) is amended—
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(1) by striking ‘‘(E)(i) Not’’ and inserting the
following:
‘‘(E) EXTERNAL POWER SUPPLIES AND BAT-
TERY CHARGERS.—
‘‘(i) ENERGY
CONSERVATION
STAND-
ARDS.—
‘‘(I) 
EXTERNAL
POWER
SUP-
PLIES.—Not’’;
(2) by striking ‘‘3 years’’ and inserting ‘‘2
years’’;
(3) by striking ‘‘battery chargers and’’ each place
it appears; and
(4) by adding at the end the following :
‘‘(II) BATTERY
CHARGERS.—Not
later than July 1, 2011, the Secretary
shall issue a final rule that prescribes
energy conservation standards for bat-
tery chargers or classes of battery char-
gers or determine that no energy con-
servation standard is technically fea-
sible and economically justified.’’.
SEC. 310. STANDBY MODE.
Section 325 of the Energy Policy and Conservation Act
(42 U.S.C. 6295) is amended—
(1) in subsection (u)—
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that is designed and marketed to start and operate
mercury vapor lamps intended for general illumina-
tion by providing the necessary voltage and current.’’;
and
(B) by adding at the end the following:
‘‘(53) SPECIALTY APPLICATION MERCURY VAPOR
LAMP
BALLAST.—The term ‘specialty application
mercury vapor lamp ballast’ means a mercury vapor
lamp ballast that—
‘‘(A) is designed and marketed for operation
of mercury vapor lamps used in quality inspec-
tion, industrial processing, or scientific use, in-
cluding fluorescent microscopy and ultraviolet
curing; and
‘‘(B) in the case of a specialty application
mercury vapor lamp ballast, the label of which—
‘‘(i) provides that the specialty appli-
cation mercury vapor lamp ballast is ‘For
specialty applications only, not for general
illumination’; and
‘‘(ii) specifies the specific applications
for which the ballast is designed.’’.
(2) STANDARD
SETTING
AUTHORITY.—Section
325(ee) of the Energy Policy and Conservation Act
(42 U.S.C. 6295(ee)) is amended by inserting ‘‘(other