; and (3) by inserting after paragraph (3) (as so redesignated by paragraph (1) of this subsection) the following: (4) Restriction based on test procedures (A) In general Any proposed rule to establish new or amended energy conservation standards shall be based on the final test procedure that shall be used to determine compliance with that product’s standard. The public comment period on such proposed energy conservation standards shall conclude no sooner than 180 days after the date of publication of a final rule revising the test procedure for that product. (B) Exceptions Subparagraph (A) does not apply to— (i) rules, including test procedure rules, developed in accordance with the subchapter III of chapter 5 of title 5, United States Code (commonly known as the Negotiated Rulemaking Act of 1990 ); (ii) rules, including test procedure rules, adopted pursuant to the procedures in paragraph (6); or (iii) test procedure amendments that the Secretary determines will not alter the measured energy efficiency, measured energy use, or measured water use of any covered product, subject to the requirement that, if an amendment alters the product testing or compliance calculation, the determination shall be based on test data subject to public comment. (C) Savings clause Nothing in this paragraph— (i) limits the authority of the Secretary to amend test procedures under section 323 and use those modified test procedures for compliance with an existing or revised standard