Page:United States Statutes at Large Volume 121.djvu/1576

 PUBLIC LAW 110–140—DEC. 19, 2007

121 STAT. 1555

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savings potential of amended energy efficiency standards. ‘‘(ii) AMENDED UNIFORM NATIONAL STANDARD FOR PRODUCTS.— ‘‘(I) IN GENERAL.—Except as provided 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 described 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 STANDARD.—Subclause (I) shall not apply if the Secretary determines, by rule published in the Federal Register, and supported by clear and convincing evidence, that adoption of a uniform national standard more stringent than the amended ASHRAE/IES Standard 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 determination 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 establishing 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 rulemaking including new proposed standards based on the criteria and procedures established under subparagraph (B). ‘‘(ii) NOTICE.—If the Secretary publishes a notice under clause (i), the Secretary shall— ‘‘(I) publish a notice stating that the analysis of the Department is publicly available; and ‘‘(II) provide an opportunity for written comment. ‘‘(iii) AMENDMENT OF STANDARD; NEW DETERMINATION.— ‘‘(I) AMENDMENT OF STANDARD.—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 determination under clause (i)(I), the Secretary shall make a new determination and publication under subclause (I) or (II) of clause (i).

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