520 
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, 
as required for a product under this part, the Sec-
retary shall publish either— 
‘‘(I) a notice of the Secretary’s determination 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 including 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-
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521 
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 pub-
lish a final rule amending the standard for the prod-
uct. 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 sub-
paragraph shall apply to products manufactured 
after a date which is 3 years after publication of the 
final rule establishing a standard, except that a 
manufacturer shall not be required to apply new 
standards to a product with respect to which other 
new standards have been required within the prior 
6 years. 
‘‘(iv) The Secretary shall promptly submit to 
the House Committee on Energy and Commerce and 
to the Senate Committee on Energy and Natural 
Resources a progress report every 180 days on com-
pliance with this paragraph, including a specific plan 
to remedy any failures to comply with deadlines for 
action set forth in this paragraph.’’. 
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522 
SEC. 9010. UPDATING APPLIANCE TEST PROCEDURES. 
(a) CONSUMER APPLIANCES.—Section 323(b)(1)(A) 
of the Energy Policy and Conservation Act (42 U.S.C. 
6923(b)(1)(A)) is amended by striking ‘‘The Secretary 
may’’ and all that follows through ‘‘paragraph (3)’’ and 
inserting ‘‘At least every 7 years the Secretary shall review 
test procedures for all covered products and shall— 
‘‘(i) amend test procedures with respect to any 
covered product if the Secretary determines that 
amended test procedures would more accurately or 
fully comply with the requirements of paragraph (3); 
or 
‘‘(ii) publish notice in the Federal Register of 
any determination not to amend a test procedure’’. 
(b) INDUSTRIAL EQUIPMENT.—Section 343(a)(1) of 
the Energy Policy and Conservation Act (42 U.S.C. 
6314(a)(1)) is amended by striking ‘‘The Secretary may’’ 
and all that follows through ‘‘this section’’ and inserting 
‘‘At least every 7 years the Secretary shall conduct an 
evaluation of each class of covered equipment and— 
‘‘(A) if the Secretary determines that amended 
test procedures would more accurately or fully com-
ply with the requirements of paragraphs (2) and (3), 
shall prescribe test procedures for such class in ac-
cordance with the provisions of this section; or 
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523 
‘‘(B) shall publish notice in the Federal Reg-
ister of any determination not to amend a test pro-
cedure’’. 
SEC. 9011. FURNACE FAN STANDARD PROCESS. 
Section 325(f)(4)(D) of the Energy Policy and Con-
servation Act (42 U.S.C. 6295(f)(3)(D)), as redesignated 
by section 9003(3) of this Act, is amended— 
(1) by striking ‘‘may’’ and inserting ‘‘shall’’; 
and 
(2) by inserting ‘‘not later than July 1, 2013’’ 
after ‘‘duct work’’. 
SEC. 9012. TECHNICAL CORRECTIONS. 
(a) Section 135(a)(1)(A)(ii) of the Energy Policy Act 
of 2005 (Public Law 109–58) is amended by striking 
‘‘C78.1–1978(R1984)’’ 
and 
inserting 
‘‘C78.3– 
1978(R1984)’’. 
(b) Section 325 of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6295) (as amended by section 
135(c)(4) of the Energy Policy Act of 2005) is amended— 
(1) in subsection (v)— 
(A) in the subsection heading, by striking 
‘‘CEILING FANS AND’’; 
(B) by striking paragraph (1); and 
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524 
(C) 
by 
redesignating 
paragraphs 
(2) 
through (4) as paragraphs (1) through (3), re-
spectively; and 
(2) in subsection (ff)— 
(A) in paragraph (1)(A)— 
(i) by striking clause (iii); 
(ii) by redesignating clause (iv) as 
clause (iii); and 
(iii) in clause (iii)(II) (as so redesig-
nated), by inserting ‘‘fans sold for’’ before 
‘‘outdoor’’; and 
(B) in paragraph (4)(C)— 
(i) in the matter preceding clause (i), 
by striking ‘‘subparagraph (B)’’ and in-
serting ‘‘subparagraph (A)’’; 
(ii) by striking clause (ii) and insert-
ing the following: 
‘‘(ii) shall be packaged with lamps to fill all 
sockets.’’; 
(C) in paragraph (6), by redesignating 
subparagraphs (C) and (D) as clauses (i) and 
(ii), respectively, of subparagraph (B); and 
(D) in paragraph (7), by striking ‘‘327’’ 
the second place it appears and inserting 
‘‘324’’. 
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