Sec. 3152. Clarifying rulemaking procedures
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Section 325(p) of the Energy Policy and Conservation Act ( 42 U.S.C. 6295(p) ) is amended— by redesignating paragraphs (1), (2), (3), and
(4)as paragraphs (2), (3), (5), and (6), respectively; by inserting before paragraph
(2)(as so redesignated by paragraph
(1)of this subsection) the following: The Secretary shall provide an opportunity for public input prior to the issuance of a proposed rule, seeking information— identifying and commenting on design options; on the existence of and opportunities for voluntary nonregulatory actions; and identifying significant subgroups of consumers and manufacturers that merit analysis. ; in paragraph
(3)(as so redesignated by paragraph
(1)of this subsection)— in subparagraph (C), by striking and after adequate; ; in subparagraph (D), by striking standard. and inserting standard; ; and by adding at the end the following new subparagraphs: whether the technical and economic analytical assumptions, methods, and models used to justify the standard to be prescribed are— justified; and available and accessible for public review, analysis, and use; and the cumulative regulatory impacts on the manufacturers of the product, taking into account— other government standards affecting energy use; and other energy conservation standards affecting the same manufacturers. ; and by inserting after paragraph
(3)(as so redesignated by paragraph
(1)of this subsection) the following: Any proposed energy conservation standards rule shall be based on the final test procedure which shall be used to determine compliance, and the public comment period on the proposed standards shall conclude no sooner than 180 days after the date of publication of a final rule revising the test procedure. The Secretary may propose or prescribe an amendment to the test procedures issued pursuant to section 323 for any type or class of covered product after the issuance of a notice of proposed rulemaking to prescribe an amended or new energy conservation standard for that type or class of covered product, but before the issuance of a final rule prescribing any such standard, if— the amendments to the test procedure have consensus support achieved through a rulemaking conducted in accordance with the subchapter III of chapter 5 of title 5, United States Code (commonly known as the Negotiated Rulemaking Act of 1990 ); or the Secretary receives a statement that is submitted jointly by interested persons that are fairly representative of relevant points of view (including representatives of manufacturers of the type or class of covered product, States, and efficiency advocates), as determined by the Secretary, which contains a recommendation that a supplemental notice of proposed rulemaking is not necessary for the type or class of covered product. . Section 345(b)(1) of the Energy Policy and Conservation Act ( 42 U.S.C. 6316(b)(1) ) is amended by striking section 325(p)(4), and inserting section 325(p)(3), (4), and (6), .
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