Energy Conservation Program: Certification of Commercial and Industrial HVAC, Refrigeration and Water Heating Equipment, 76825-76831 [2012-31373]
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Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
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would otherwise occur would likely be
passed on to consumers in the form of
higher prices.
FSIS encourages meat and poultry
companies to comply with new labeling
regulations as soon as it is feasible. If
companies initiate voluntary label
changes, they should consider
incorporating any new requirements
that have been published as final
regulations.
The new uniform compliance date
will apply only to final FSIS regulations
that require changes in the labeling of
meat and poultry products and that are
published after January 1, 2013, and
before December 31, 2014. For each
final rule that requires changes in
labeling, FSIS will specifically identify
January 1, 2016, as the compliance date.
All meat and poultry food products that
are subject to labeling regulations
promulgated between January 1, 2013
and December 31, 2014, will be required
to comply with these regulations when
introduced into commerce on or after
January 1, 2016. If any food labeling
regulation involves special
circumstances that justify a compliance
date other than January 1, 2016, the
Agency will determine an appropriate
compliance date and will publish that
compliance date in the rulemaking.
In rulemaking that began with the
May 4, 2004, proposed rule, FSIS
provided notice and solicited comment
on the concept of establishing uniform
compliance dates for labeling
requirements (69 FR 24539). In the
March 5, 2007, final rule, FSIS noted
that the Agency received only four
comments in response to the proposal,
all fully supportive of the policy to set
uniform compliance dates. Therefore, in
the March 5, 2007, final rule, FSIS
determined that further rulemaking for
the establishment of uniform
compliance dates for labeling
requirements is unnecessary (72 FR
9651). The Agency did not receive
comments on the final rule. Consistent
with its statement in 2007, FSIS finds at
this time that further rulemaking on this
matter is unnecessary. However, FSIS is
providing an opportunity for comment
on the uniform compliance date
established in this final rule.
Executive Order 12988
This final rule has been reviewed
under the Executive Order 12988, Civil
Justice Reform. Under this final rule: (1)
All state and local laws and regulations
that are inconsistent with this rule will
be preempted; (2) no retroactive effect
will be given to this rule; and (3) no
retroactive proceedings will be required
before parties may file suit in court
challenging this rule.
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Executive Orders 12866 and 13563 and
the Regulatory Flexibility Act
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order (E.O.) 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This final
rule has been reviewed under E.O.
12866. The Office of Management and
Budget (OMB) has determined that it is
not a significant regulatory action under
section 3(f) of E.O. 12866 and, therefore,
it has not been reviewed by OMB.
This rule does not have a significant
economic impact on a substantial
number of small entities; consequently,
a regulatory flexibility analysis is not
required (5 U.S.C. 601–612).
Paperwork Requirements
There are no paperwork or
recordkeeping requirements associated
with this policy under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
E-Government Act Compliance
FSIS and USDA are committed to
achieving the purposes of the EGovernment Act (44 U.S.C. 3601, et
seq.) by, among other things, promoting
the use of the Internet and other
information technologies and providing
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA Nondiscrimination Statement
The U.S. Department of Agriculture
(USDA) prohibits discrimination in all
its programs and activities on the basis
of race, color, national origin, gender,
religion, age, disability, political beliefs,
sexual orientation, and marital or family
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Persons with disabilities who require
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To file a written complaint of
discrimination, write USDA, Office of
the Assistant Secretary for Civil Rights,
1400 Independence Avenue SW.,
Washington, DC 20250–9410 or call
202–720–5964 (voice and TTY).
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76825
Additional Public Notification
FSIS will announce this rule online
through the FSIS Web page located at
https://www.fsis.usda.gov/
regulations_&_policies/
Interim_&_Final_Rules/index.asp.
FSIS will also make copies of this
Federal Register publication available
through the FSIS Constituent Update,
which is used to provide information
regarding FSIS policies, procedures,
regulations, Federal Register notices,
FSIS public meetings, and other types of
information that could affect or would
be of interest to constituents and
stakeholders. The Update is
communicated via Listserv, a free
electronic mail subscription service for
industry, trade groups, consumer
interest groups, health professionals,
and other individuals who have asked
to be included. The Update is also
available on the FSIS Web page. In
addition, FSIS offers an electronic mail
subscription service which provides
automatic and customized access to
selected food safety news and
information. This service is available at
https://www.fsis.usda.gov/
News_&_Events/Email_Subscription/.
Options range from recalls to export
information to regulations, directives
and notices. Customers can add or
delete subscriptions themselves, and
have the option to password protect
their accounts.
Done at Washington, DC, on: December 21,
2012.
Alfred V. Almanza,
Administrator.
[FR Doc. 2012–31398 Filed 12–28–12; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[Docket Number EERE–2012–BT–CE–0048]
RIN 1904–AC90
Energy Conservation Program:
Certification of Commercial and
Industrial HVAC, Refrigeration and
Water Heating Equipment
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
The U.S. Department of
Energy (DOE or the ‘‘Department’’) is
adopting amendments to the
compliance dates for manufacturers to
submit certification reports for certain
commercial and industrial equipment
covered under the Energy Policy and
SUMMARY:
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Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
Conservation Act of 1975, as amended
(EPCA or the ‘‘Act’’). Specifically, DOE
is extending the compliance date for the
certification provisions for commercial
refrigeration equipment; commercial
heating, ventilating, air-conditioning
(HVAC) equipment; and commercial
water heating (WH) equipment to
December 31, 2013. DOE is extending
the certification date for automatic
commercial ice makers to August 1,
2013. Lastly, DOE is adopting a
correction to the packaged terminal
equipment standards table, which
would impact standard-size packaged
terminal air conditioners and packaged
terminal heat pumps with a cooling
capacity of 15,000 Btu/h.
DATES: This rule is effective December
31, 2012.
ADDRESSES: This rulemaking can be
identified by docket number EERE–
2012–BT–CE–0048 and/or RIN number
1904–AC90.
Docket: The docket is available for
review at https://www.regulations.gov,
including Federal Register notices,
public meetings attendee lists,
transcripts, comments, and other
supporting documents/materials. All
documents in the docket are listed in
the https://www.regulations.gov index.
However, not all documents listed in
the index may be publicly available,
such as information that is exempt from
public disclosure.
For further information on how to
submit or review public comments or
view hard copies of the docket in the
Resource Room, contact Ms. Brenda
Edwards at (202) 586–2945 or email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Ashley Armstrong, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–2J, 1000
Independence Avenue SW.,
Washington, DC 20585–0121. Email:
Ashley.Armstrong@ee.doe.gov; and Ms.
Laura Barhydt, U.S. Department of
Energy, Office of the General Counsel,
Forrestal Building, GC–32, 1000
Independence Avenue SW.,
Washington, DC 20585. Telephone:
(202) 287–5772. Email:
Laura.Barhydt@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
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I. Introduction
A. Authority
Title III of the Energy Policy and
Conservation Act of 1975, as amended
(‘‘EPCA’’ or ‘‘the Act’’) sets forth a
variety of provisions designed to
improve energy efficiency. Part A of
Title III (42 U.S.C. 6291–6309) provides
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for the Energy Conservation Program for
Consumer Products Other Than
Automobiles. The National Energy
Conservation Policy Act (NECPA),
Public Law 95–619, amended EPCA to
add Part A–1 of Title III, which
established an energy conservation
program for certain industrial
equipment. (42 U.S.C. 6311–6317) 1
Sections 6299–6305, and 6316 of
EPCA authorize DOE to enforce
compliance with the energy and water
conservation standards (all non-product
specific references herein referring to
energy use and consumption include
water use and consumption; all
references to energy efficiency include
water efficiency) established for certain
consumer products and commercial
equipment. (42 U.S.C. 6299–6305
(consumer products), 6316 (commercial
equipment)) DOE has promulgated
enforcement regulations that include
specific certification and compliance
requirements. See 10 CFR part 429; 10
CFR part 431, subparts B, U, and V.
B. Background
On March 7, 2011, DOE published a
final rule in the Federal Register that,
among other things, modified the
requirements regarding manufacturer
submission of compliance statements
and certification reports to DOE (March
2011 Final Rule). 76 FR 12421. This rule
was largely procedural in nature; it did
not amend pre-existing sampling
provisions, test procedures, or
conservation standard levels for any
covered products or equipment. It did,
however, impose new or revised
reporting requirements for some types of
covered products and equipment,
including a requirement that
manufacturers submit annual reports to
the Department certifying compliance of
their basic models with applicable
standards. Finally, the Department
emphasized that manufacturers could
use their discretion in grouping
individual models as a ‘‘basic model’’
such that the certified rating for the
basic model matched the represented
rating for all included models. See 76
FR 12428–12429 for more information.
This reflected a basic requirement of the
Department’s longstanding selfcertification compliance regime—that
efficiency certifications and
representations must be supported by
either testing or an approved alternative
method of estimating efficiency.
The March 2011 Final Rule provided
for the revised certification provisions
1 For editorial reasons, Parts B (consumer
products) and C (commercial equipment) of Title III
of EPCA were re-designated as parts A and A–1,
respectively, in the United States Code.
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to be effective on July 5, 2011. Certain
manufacturers of particular types of
commercial and industrial equipment 2
stated that, for a variety of reasons, they
would be unable to meet that deadline.
As a result in a final rule published June
30, 2011, the Department extended the
compliance date for certification of
commercial refrigeration equipment;
commercial HVAC equipment;
commercial WH equipment; and walkin coolers and freezers (June 30 Final
Rule). 76 FR 38287 (June 30, 2011). DOE
also acknowledged in the June 30 Final
Rule that numerous manufacturers for
certain types of commercial equipment
appear to have been making
representations of efficiency and
determining compliance with the
applicable energy conservation
standards without testing products in
accordance with all of the provisions of
the DOE test procedures, which include
sampling plans and certification testing
tolerances.
In the June 30 Final Rule, DOE stated
that it believed 18 months would be
sufficient to provide manufacturers with
the time necessary to develop the data
and supporting documentation needed
to populate the certification reports and
certify compliance with DOE’s
regulations, including the existing
testing and sampling procedures. DOE
also emphasized that all covered
equipment must meet the applicable
energy conservation standard and that
all testing procedures and sampling
provisions were unaffected by the final
rule.
On May 31, 2012, DOE published a
proposed rule to revise and expand its
regulations regarding alternative
efficiency determination methods
(AEDMs). (77 FR 32038). AEDMs reduce
testing burdens by allowing
manufacturers to use computer
simulations, mathematical models, and
other alternative methods to determine
the amount of energy used or efficiency
by a particular basic model. AEDM
provisions for commercial HVAC
equipment and commercial WH
equipment already exist, but DOE has
proposed to revise those regulations and
to allow manufacturers of commercial
refrigeration equipment to use AEDMs.
DOE has not yet finalized the AEDM
rulemaking. See Docket EERE–2011–
BT–TP–0024. The Department is also
2 These products included commercial warm air
furnaces, commercial packaged boilers, and
commercial air conditioners and heat pumps
(collectively referred to as commercial HVAC
equipment); commercial refrigeration equipment;
commercial water heaters, commercial hot water
supply boilers, and unfired hot water storage tanks
(collectively referred to as commercial WH
equipment); walk-in coolers; walk-in freezers; and
automatic commercial ice makers.
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Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
reviewing recommendations regarding
the feasibility of a negotiated
rulemaking to revise the certification
requirements for commercial HVAC
equipment and commercial refrigeration
equipment.3
In an October 2012 letter to the
Secretary of Energy, the Air
Conditioning, Heating and Refrigeration
Institute (AHRI) requested another
certification compliance date extension.
(AHRI, No. 1 at pp. 1–2). Specifically,
AHRI requested that the compliance
date for certification be extended a
minimum of 18 months from the date of
publication of the AEDM final rule.
On December 6, 2012, the Department
proposed to extend compliance date an
additional 12 months for commercial
refrigeration equipment; commercial
HVAC equipment; and commercial WH
equipment (December 2012 NOPR). 77
FR 72763. DOE requested comment on
its assumption regarding the existence
of test data and on whether a longer or
shorter period of time would be more
appropriate. DOE also proposed to
modify the regulatory text to reflect that
the compliance dates for certification
requirements for walk-in coolers and
freezers, distribution transformers, and
metal halide lamp ballasts have passed
by removing the delayed compliance
dates.
Lastly, the Department proposed to
correct a technical drafting error for
packaged terminal air conditioners and
heat pumps that was implemented in
the reprinting of Table 5 in 10 CFR
431.97 in a final rule published on May
16, 2012. 77 FR 28994. More
specifically, DOE adopted changes to
the applicable energy conservation
standards for standard size and non-
76827
standard size packaged terminal air
conditioners and heat pumps with a
cooling capacity of 15,000 Btu/h. DOE
proposed to correct this error and adopt
the original standards for standard size
and non-standard size packaged
terminal air conditioners and heat
pumps with a cooling capacity of 15,000
Btu/h as presented in a final rule
evaluating and originally adopting the
amended energy conservation for this
equipment published on April 7, 2008.
73 FR 18915.
II. Discussion of Comments
The Department received 14 written
comments on the NOPR from a number
of interested commenters, including
various manufacturers, trade
associations, and advocacy groups. The
following parties submitted comments
for this rule:
Short name
Docket ID
Air-Conditioning, Heating and Refrigeration Institute ...........................................
AHRI ...................................
Seasons 4, Incorporated ......................................................................................
Scotsman Ice Systems .........................................................................................
Hoshizaki America, Inc .........................................................................................
UTC Climate, Controls & Security ........................................................................
AAON, Inc .............................................................................................................
Ingersoll Rand .......................................................................................................
Lennox International, Inc ......................................................................................
ASAP, ACEEE, ASE, and NRDC .........................................................................
Rheem Manufacturing Company ..........................................................................
Traulsen & Company ............................................................................................
Burnham Commercial ...........................................................................................
Goodman Manufacturing ......................................................................................
Mitsubishi Electric Cooling and Heating ...............................................................
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Commenter name
Seasons .............................
Scotsman ...........................
Hoshizaki ............................
UTC ....................................
AAON .................................
Ingersoll Rand ....................
Lennox ................................
Joint Comment ...................
Rheem ................................
Traulsen .............................
Burnham .............................
Goodman ............................
Mitsubishi ...........................
EERE–2012–BT–CE–0048–0001
EERE–2012–BT–CE–0048–0014
EERE–2012–BT–CE–0048–0004
EERE–2012–BT–CE–0048–0005
EERE–2012–BT–CE–0048–0006
EERE–2012–BT–CE–0048–0008
EERE–2012–BT–CE–0048–0009
EERE–2012–BT–CE–0048–0010
EERE–2012–BT–CE–0048–0011
EERE–2012–BT–CE–0048–0012
EERE–2012–BT–CE–0048–0013
EERE–2012–BT–CE–0048–0015
EERE–2012–BT–CE–0048–0016
EERE–2012–BT–CE–0048–0017
EERE–2012–BT–CE–0048–0018
A. Extension of Certification Deadline
for Commercial Refrigeration
Equipment; HVAC Equipment; and
Commercial WH Equipment
As stated above, DOE proposed an
additional 12-month extension to the
compliance date for filing complete
certification reports for manufacturers of
commercial refrigeration equipment;
commercial HVAC equipment; and
commercial WH equipment. 77 FR
72763. Most commenters supported an
extension of at least twelve months.
(Seasons, No. 4 at p. 1; UTC, No. 8 at
pp. 1–2; AAON, No. 9 at pp. 1–2;
Ingersoll Rand, No. 10 at pp. 1–2;
Lennox, No. 11 at pp. 1–2; Joint
Comment, No. 12 at pp. 1–2; Rheem,
No. 13 at p. 3; AHRI, No. 14 at p. 1;
Traulsen, No. 15 at pp. 2–3, Burnham,
No. 16 at p. 1; Goodman, No. 17 at pp.
1–2; and Mitsubishi, No. 18 at pp. 1–2)
Many commenters believed that the
compliance date should be tied to the
completion of the AEDM rule. (Seasons,
No. 4 at p. 1; UTC, No. 8 at pp 1–2;
Lennox, No. 11 at p.2; Rheem, No. 13 at
p. 3; AHRI, No. 14 at pp. 1–2, Traulsen,
No. 15 at p. 2–3; Goodman, No. 17 at pp.
1–2; and Mitsubishi, No. 18 at pp. 1–2)
Similarly, AAON commented that the
AEDM rule would impact the length of
the extension needed. (AAON, No. 9 at
p. 2) In addition, AAON, Lennox AHRI,
Goodman, and Mitsubishi commented
that they believe that the compliance
date should be extended a minimum of
18 months from the publication of the
AEDM final rule. (AAON, No. 9 at p.2;
Lennox, No. 11 at p.2; AHRI, No. 14 at
p. 2; Goodman, No. 17 at pp. 1–2; and
Mitsubishi, No. 18 at pp. 1–2) Goodman
detailed a view shared by Seasons, UTC,
AAON, Lennox, and AHRI that the
length of the extension required would
depend upon the actual results of the
testing (due to measurement
uncertainties, variances in testing set-
ups and product variances) and the
tolerances allowed by DOE (for both
individual test-to-simulation results as
well as average test-to-simulation
results), additional testing or a
significant amount of effort in
development/specification of the
internal AEDM procedure may be
required. (Goodman, 17 at p. 1; Seasons,
No. 4 at p. 1; UTC, No. 8 at pp. 1–2;
AAON, No. 9 at p. 2; Lennox, No. 11 at
p. 2 and AHRI, No. 14 at p. 2) Ingersoll
Rand commented that it was concerned
that a December 31, 2013 compliance
date may not be sufficient to permit the
Department to conduct a negotiated
rulemaking and allow manufacturers to
develop a means to comply with any
modified requirements. (Ingersoll Rand,
No. 10 at p. 1–2) In particular, Ingersoll
Rand stated that it ‘‘hope[s] the
Department recognizes [the December
2013 date] is only a stopgap measure,
not truly a feasible date for future
3 The U.S. Department of Energy Convening
Report on the Feasibility of a Negotiated
Rulemaking to Revise the Certification Program for
Commercial Heating, Ventilating, Air Conditioning,
and Commercial Refrigeration Equipment can be
found at https://www.eere.energy.gov/buildings/
appliance_standards/pdfs/
convening_report_hvac_cre.pdf.
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Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
compliance.’’ (Ingersoll Rand, No. 10 at
p.2) Lennox also suggested that the
compliance date should be aligned with
the annual certification date for each
product. (Lennox, No. 11 at pp. 2–3)
Traulsen also supported extending the
certification deadline stating that the
commercial refrigeration industry may
have collected energy consumption
performance data for some base model
of commercial refrigeration equipment,
which may not be appropriate in all
circumstances. (Traulsen, No. 15 at p. 2)
Traulsen also noted that for certain low
volume models of commercial
refrigeration equipment current data
may not be available because of
previously conflicting priorities. (Id.)
Mitsubishi also supported an 18-month
extension from publication of the AEDM
final rule and offered a specific path
forward for the Department’s
consideration: (1) Finalize the AEDM
rulemaking; (2) extend the certification
compliance deadline for at least 18
months from the date of the AEDM final
rule; (3) In the alternative, issue a
written DOE Guidance Document
regarding the delay of enforcement of
commercial certification compliance
until the AEDM rulemaking and
accompanying extension are finalized;
(4) begin the negotiated rulemaking
process, which has already provided
MEUS an opportunity to clarify the
central issues and which is consistent
with AHRI’s proposed direction; and (5)
develop a ‘‘basic model’’ definition that
aligns with AHRI’s definition—a basic
model should be defined by the unit
rather than levels of efficiency. (Id.)
One commenter supported the 12month extension as proposed by the
Department without modification.
Specifically, Burnham commented in
favor of a compliance extension similar
to that proposed by the AHRI
organization regarding the publication
of the AEDM final rule. However,
Burmham also clarified that a shorter
timeframe would be feasible as well.
(Burnham, No. 16 at p. 1)
Several commenters suggested that a
significantly longer extension was
needed. UTC noted that it believes an
additional 12 to 36 months will be
necessary after the issuance of a final
AEDM rule prior to manufacturers being
in a position to submit certification
reports. (UTC, No. 8 at p.2) Hoshizaki
requested a two-year extension for
certification of commercial refrigeration
equipment as it has not completed
testing of its basic models and is waiting
for DOE action on the AEDM
rulemaking. (Hoshizaki, No. 6 at p. 1)
In light of the comments above, DOE
is extending the compliance date for the
certification provisions for commercial
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refrigeration equipment; commercial
warm air furnaces, commercial
packaged boilers, and commercial air
conditioners and heat pumps
(collectively referred to as commercial
HVAC equipment); and commercial
water heaters, commercial hot water
supply boilers, and unfired hot water
storage tanks (collectively referred to as
commercial WH equipment) to
December 31, 2013. DOE believes 12
months is a reasonable extension and
will allow DOE time to complete the
AEDM rulemaking and allow
manufacturers to develop ratings in
accordance with any revised AEDM
provisions.
As noted above, the Department is
reviewing the feasibility of a negotiated
rulemaking to revise the certification
requirements for commercial HVAC
equipment and commercial refrigeration
equipment. DOE is also considering the
formation of an advisory committee in
conjunction with such a rulemaking.
Whether DOE proceeds with a
negotiated rulemaking, and the outcome
of a negotiated rulemaking, however, is
uncertain. DOE believes that, should it
proceed with a negotiated rulemaking,
the process would, of its nature, involve
discussion of any need to extend the
new deadline further. Moreover, DOE
believes that interested parties would
raise the extension issue well in
advance of December 31, 2013.
Accordingly, DOE believes the 12month extension is sufficient.
Many commenters submitted
additional thoughts regarding the AEDM
rulemaking, about the definition of
‘‘basic model’’ and about the potential
for a negotiated rulemaking. (AAON,
No. 9 at p.1; Ingersoll Rand, No. 10 at
p. 1–2; Joint Comment, No. 12 at pp. 1–
2; Rheem, No. 13 at pp. 1–3; AHRI, No.
14 at pp. 1–2, Goodman, No. 17 at pp.
1–2, and Mitsubishi, No. 18 at p. 2) DOE
appreciates the information provided by
parties on these matters. The substance
of these comments is the subject of other
rulemakings and should be raised in
those proceedings. This rulemaking is
limited to an extension of the
compliance date for the March 2011
certification provisions for commercial
HVAC equipment, commercial WH
equipment, and commercial
refrigeration equipment.
DOE emphasizes that the testing and
sampling requirements for commercial
refrigeration equipment; commercial
HVAC equipment; and commercial WH
equipment are unchanged by this
extension. These regulations can be
found on a per product basis in subpart
B to part 429 (sampling plans for
testing) and 10 CFR 431.64, 431.76,
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431.86, 431.96, 431.106, and 431.134
(uniform test methods).
B. Extension of Certification Deadline
for Automatic Commercial Ice Makers
In the December 2012 NOPR, DOE
initially proposed to retain the
December 31, 2012 deadline to certify
compliance but sought comment on
whether an extension was needed.
Several commenters requested a sixmonth extension of time for submitting
certification reports for automatic
commercial ice makers (ACIM).
(Scotsman, No. 5 at p. 1; Hoshizaki, No.
6 at p. 1; AHRI, No. 14 at p. 2) Scotsman
requested additional time to work with
AHRI so that AHRI could build a
database to collect the required
information and submit the certification
reports on Scotsman’s behalf.
(Scotsman, No. 5 at p. 1) Hoshizaki
explained that it has the required test
reports but that AHRI’s portal for
reporting test data is not ready. (Id.)
Scotsman, however, indicated that it
will need to conduct additional testing
prior to submitting certification reports.
(Scotsman, No. 5 at p. 1) AHRI
requested a six-month extension to
allow manufacturers time to complete
testing. (AHRI, No. 14 at p. 2)
Scotsman and Hoshizaki commented
that DOE released the templates for
certification of ACIM in December 2012
and stated that they did not have an
automated process to provide many of
the data elements contained in the
templates. (Scotsman, No. 5 at p. 1;
Hoshizaki, No. 6 at p. 1)
Traulsen, on the other hand, noted
that it did not have a concern with the
Department’s proposed certification
deadline of December 31, 2012 for
ACIMs even though it does not
manufacture or supply this type of
equipment. (Traulsen, No. 15 at p. 3)
DOE expresses no view regarding an
automated process that a regulated
entity may develop to provide its
certification reports. DOE notes that the
data elements required for certification
have been public since March 2011 and
the CCMS templates for certification are
available to manufacturers online. Given
the concerns expressed by
manufacturers, DOE is extending the
compliance date for ACIM to align the
compliance date with the next annual
certification reporting date.
Manufacturers would be required to
submit only one certification report in
2013 for current basic models unless
they implement design changes to those
models resulting in lower efficiency or
increased consumption. Consequently,
DOE is adopting a compliance date of
August 1, 2013, for submission of
certification reports for ACIM.
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C. Compliance and Enforcement
DOE emphasizes that all covered
equipment must meet the applicable
energy conservation standard. ASAP,
ACEEE, ASE, and NRDC also noted in
their joint comment that parties are not
absolved of their obligations to comply
with current standards and encouraged
DOE to enforce those standards
effectively. (Joint Comment, No. 12 at
pp. 1–2) Furthermore, all testing
procedures and sampling provisions are
unaffected by this final rule. DOE is
adopting a 12-month extension to the
compliance date for certification only
for the commercial refrigeration
equipment; commercial HVAC
equipment; and commercial WH
equipment reporting requirements in
the March 2011 final rule. DOE is
adopting an 8-month extension to the
compliance date for certification only
for the ACIM reporting requirements in
the March 2011 final rule.
DOE encourages manufacturers to
become familiar with the CCMS prior to
the certification deadline. The CCMS
has templates currently available for all
covered equipment available for
manufacturers to use when submitting
certification data to DOE.
DOE conducts assessment testing of
products available for purchase in the
United States, pursuant to 10 CFR
429.104. While certification is not
required for commercial refrigeration
equipment; commercial HVAC
equipment; and commercial WH
equipment until December 31, 2013,
and for ACIM until August 1, 2013, DOE
encourages manufacturers to submit to
CCMS certification reports to DOE
voluntarily prior to the compliance date
required for certification. The
Department will refrain from selecting
models for assessment testing for which
the manufacturer has submitted a valid
certification report in CCMS.
Specifically, in 2013, DOE will, in its
enforcement discretion, limit any
assessment testing of commercial
refrigeration equipment, commercial
HVAC equipment, commercial WH
equipment, and automatic commercial
ice makers to those models for which
DOE does not have a valid certification
report on file. If DOE purchases a unit
for assessment testing prior to a
manufacturer submitting a valid
certification report, DOE will continue
with the assessment test. A valid
certification report is one that meets the
requirements of 10 CFR part 429,
including the manufacturer’s
determination of compliance being
based either on testing in accordance
with DOE sampling and test procedures
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01:38 Dec 29, 2012
Jkt 229001
(parts 429 and 431) or on the AEDM
procedures in part 429.
DOE will continue to conduct
enforcement testing when it has a
reason to believe that products do not
meet the applicable standard. In
addition, DOE will continue to conduct
limited testing in support of its
rulemaking activities for these
equipment types. DOE will also
continue to conduct verification testing
in support of the ENERGY STAR
program.
AHRI commented that it supports
DOE’s enforcement policy. (AHRI, No.
14 at p. 2–3) DOE appreciates AHRI’s
support and notes that the enforcement
policy is not tied to participation in a
voluntary industry certification program
and is based upon the voluntary
submittal of a valid CCMS certification
report to DOE in advance of the
compliance date required for
certification of the applicable
equipment.
D. Other Compliance Dates
DOE proposed to modify the
regulatory text to reflect that the
compliance dates for walk-in coolers
and freezers, distribution transformers,
and metal halide lamp ballasts have
passed. DOE did not receive any
comments on this proposal. Thus, DOE
is adopting these amendments to 10
CFR 429.12(i).
E. Technical Correction
The Department proposed to correct a
technical drafting error for packaged
terminal air conditioners and heat
pumps that was implemented in the
reprinting of Table 5 in 10 CFR 431.97
in a final rule published on May 16,
2012. 77 FR 28994. More specifically,
DOE adopted changes to the applicable
energy conservation standards for
standard size and non-standard size
packaged terminal air conditioners and
heat pumps with a cooling capacity of
15,000 Btu/h. DOE did not receive any
comments on this proposal.
Consequently, DOE is correcting this
error in today’s final rule by adopting
the original standards for standard size
and non-standard size packaged
terminal air conditioners and heat
pumps with a cooling capacity of 15,000
Btu/h as presented in a final rule
evaluating and originally adopting the
amended energy conservation for this
equipment published on April 7, 2008.
73 FR 18915.
III. Procedural Issues and Regulatory
Review
A. Review Under Executive Order 12866
Today’s regulatory action is not a
‘‘significant regulatory action’’ under
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Sfmt 4700
76829
section 3(f) of Executive Order 12866.
Accordingly, this action was not subject
to review under the Executive Order by
the Office of Information and Regulatory
Affairs (OIRA) in the Office of
Management and Budget (OMB).
B. Administrative Procedure Act
DOE has determined, pursuant to
authority at 5 U.S.C. 553(d)(1), that this
final rule is not subject to a 30-day delay
in effective date because this rule
extending the compliance date for a
requirement relieves a restriction.
C. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis (IFRA) for any rule that by law
must be proposed for public comment,
unless the agency certifies that the rule,
if promulgated, will not have a
significant economic impact on a
substantial number of small entities. As
required by Executive Order 13272,
‘‘Proper Consideration of Small Entities
in Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003, to ensure that the potential
impacts of its rules on small entities are
properly considered during the DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s Web site: https://energy.gov/
gc/office-general-counsel.
DOE reviewed this rule under the
provisions of the Regulatory Flexibility
Act and the procedures and policies
published on February 19, 2003. This
rule merely extends the compliance date
of a rulemaking already promulgated.
To the extent such action has any
economic impact it would be positive in
that it would allow regulated parties
additional time to come into
compliance. DOE did undertake a full
regulatory flexibility analysis of the
original Certification, Compliance, and
Enforcement for Consumer Products and
Commercial and Industrial Equipment
rulemaking. That analysis considered
the impacts of that rulemaking on small
entities. As a result, DOE certifies that
this rule will not have a significant
economic impact on a substantial
number of small entities.
D. Review Under the National
Environmental Policy Act
DOE has determined that this rule
falls into a class of actions that are
categorically excluded from review
under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and DOE’s implementing
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76830
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
regulations at 10 CFR part 1021.
Specifically, this rule amends an
existing rule without changing its
environmental effect and, therefore, is
covered by the Categorical Exclusion in
10 CFR part 1021, subpart D, paragraph
A5. Accordingly, neither an
environmental assessment nor an
environmental impact statement is
required
Issued in Washington, DC, on December
26, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
IV. Approval of the Office of the
Secretary
PART 429—CERTIFICATION,
COMPLIANCE, AND ENFORCEMENT
FOR CONSUMER PRODUCTS AND
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
The Secretary of Energy has approved
publication of today’s final rule.
List of Subjects
certification report must be submitted
not later than the compliance date for
the applicable energy conservation
standard. The covered products
enumerated below are subject to the
stated compliance dates for certification:
(1) Automatic commercial ice makers,
August 1, 2013;
(2) Commercial refrigeration
equipment, December 31, 2013;
(3) Commercial heating, ventilating,
and air-conditioning equipment,
December 31, 2013; and
(4) Commercial water heating
equipment, December 31, 2013.
For the reasons set forth in the
preamble, DOE amends chapter II,
subchapter D, of Title 10 of the Code of
Federal Regulations to read as follows:
PART 431—ENERGY EFFICIENCY
PROGRAM FOR CERTAIN
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
1. The authority citation for part 429
continues to read as follows:
■
10 CFR Part 429
Administrative practice and
procedure, Energy conservation,
Commercial equipment, Reporting and
recordkeeping requirements.
10 CFR Part 431
Administrative practice and
procedure, Energy conservation,
Commercial equipment, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 6291–6317.
3. The authority citation for part 431
continues to read as follows:
■
2. Revise § 429.12 paragraph (i) to
read as follows:
■
§ 429.12 General requirements applicable
to certification reports.
*
*
*
*
*
(i) Compliance dates. For any product
subject to an applicable energy
conservation standard for which the
compliance date has not yet occurred, a
Authority: 42 U.S.C. 6291–6317.
4. Revise Table 5 to § 431.97 to read
as follows:
■
§ 431.97 Energy efficiency standards and
their compliance dates.
*
*
*
*
*
TABLE 5 TO § 431.97—UPDATED MINIMUM EFFICIENCY STANDARDS FOR PTAC AND PTHP
Equipment
type
Cooling capacity
Sub-category
PTAC .......
Standard Size ........
Non-Standard Size
<7,000 Btu/h ..............................................
≥7,000 Btu/h and ≤15,000 Btu/h ...............
>15,000 Btu/h ............................................
<7,000 Btu/h ..............................................
≥7,000 Btu/h and ≤15,000 Btu/h ...............
>15,000 Btu/h ............................................
EER
EER
EER
EER
EER
EER
Standard Size ........
<7,000 Btu/h ..............................................
EER = 11.9 ................................................
COP = 3.3 .................................................
EER = 14.0 ¥ (0.3 × Cap1) ......................
COP = 3.7 ¥ (0.052 × Cap1) ...................
EER = 9.5 ..................................................
COP = 2.9 .................................................
EER = 9.3 ..................................................
COP = 2.7 .................................................
EER = 10.8 ¥ (0.213 × Cap1) ..................
COP = 2.9 ¥ (0.026 × Cap1) ...................
EER = 7.6 ..................................................
COP = 2.5 .................................................
PTHP .......
Efficiency level
≥7,000 Btu/h and ≤15,000 Btu/h ...............
>15,000 Btu/h ............................................
Non-Standard Size
<7,000 Btu/h ..............................................
≥7,000 Btu/h and ≤15,000 Btu/h ...............
>15,000 Btu/h ............................................
ebenthall on DSK5TPTVN1PROD with
1 ‘‘Cap’’
=
=
=
=
=
=
11.7 ................................................
13.8 ¥ (0.3 × Cap1) ......................
9.3 ..................................................
9.4 ..................................................
10.9 ¥ (0.213 × Cap1) ..................
7.7 ..................................................
means cooling capacity in thousand Btu/h at 95 °F outdoor dry-bulb temperature.
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Compliance date:
Products manufactured on and after
. . .
October
October
October
October
October
October
8,
8,
8,
7,
7,
7,
2012.
2012.
2012.
2010.
2010.
2010.
October 8, 2012.
October 8, 2012.
October 8, 2012.
October 7, 2010.
October 7, 2010.
October 7, 2010.
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
*
*
*
*
*
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2011–BT–TP–0007]
RIN 1904–AC44
Energy Conservation Program for
Consumer Products: Test Procedures
for Residential Furnaces and Boilers
(Standby Mode and Off Mode)
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
In an earlier final rule, the
U.S. Department of Energy (DOE)
prescribed amendments to its test
procedures for residential furnaces and
boilers to include provisions for
measuring the standby mode and off
mode energy consumption of those
products, as required by the Energy
Independence and Security Act of 2007.
These test procedure amendments were
primarily based on provisions
incorporated by reference from the
International Electrotechnical
Commission (IEC) Standard 62301 (First
Edition), ‘‘Household electrical
appliances—Measurement of standby
power.’’ In this current final rule, DOE
further amends its test procedure to
incorporate by reference the latest
edition of the IEC Standard, specifically
IEC Standard 62301 (Second Edition).
The new version of this IEC standard
includes a number of methodological
changes designed to increase accuracy
while reducing testing burden. This
final rule also clarifies the rounding
guidance and sampling provisions for
the new measurement of standby mode
and off mode wattage.
DATES: This rule is effective January 30,
2013. The incorporation by reference of
certain publications listed in the rule is
approved by the Director of the Federal
Register on January 30, 2013.
For purposes of compliance with
energy conservation standards,
compliance with the amended test
procedures is required on and after May
1, 2013 (for non-weatherized gas and oil
furnaces including mobile home
furnaces, and all electric furnaces). The
compliance date for any representations
relating to standby mode and off mode
of residential furnaces and boilers is
July 1, 2013; on and after this date, any
such representations must be based
upon results generated under these test
procedures and sampling plans.
ebenthall on DSK5TPTVN1PROD with
SUMMARY:
VerDate Mar<15>2010
01:38 Dec 29, 2012
The docket for this
rulemaking is available for review at
www.regulations.gov, including Federal
Register notices, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials. All documents in
the docket are listed in the
www.regulations.gov index. However,
not all documents listed in the index
may be publically available, such as
information that is exempt from public
disclosure.
A link to the docket Web page can be
found at: https://www.regulations.gov/#!
docketDetail;dct=FR%252BPR%25
2BN%252BO%252BSR;rpp=25;po=0;D
=EERE-2011-BT-TP-0007. The
www.regulations.gov Web page contains
simple instructions on how to access all
documents, including public comments,
in the docket.
For further information on how to
review the docket, contact Ms. Brenda
Edwards at (202) 586–2945 or by email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Mohammed Khan, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–2J, 1000
Independence Avenue SW.,
Washington, DC, 20585–0121.
Telephone: (202) 586–7892. Email:
Mohammed.Khan@ee.doe.gov.
Mr. Eric Stas, U.S. Department of
Energy, Office of the General Counsel,
GC–71, 1000 Independence Avenue
SW., Washington, DC, 20585–0121.
Telephone: (202) 586–9507. Email:
Eric.Stas@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
[FR Doc. 2012–31373 Filed 12–28–12; 8:45 am]
Jkt 229001
Table of Contents
I. Background and Authority
II. Summary of the Final Rule
III. Discussion
A. The September 2011 Proposed Rule
B. Public Comments on DOE’s September
2011 Proposed Rule
1. Crown Boiler Comments
2. Air-Conditioning, Heating, and
Refrigeration Institute Comments
IV. Effective Date and Compliance Dates
V. Compliance With Other EPCA
Requirements
VI. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
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Frm 00023
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Sfmt 4700
76831
J. Review Under the Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
M. Congressional Notification
VII. Approval of the Office of the Secretary
I. Background and Authority
Title III, Part B 1 of the Energy Policy
and Conservation Act of 1975 (EPCA or
the Act), Public Law 94–163 (42 U.S.C.
6291–6309, as codified) sets forth a
variety of provisions designed to
improve energy efficiency and
established the Energy Conservation
Program for Consumer Products Other
Than Automobiles, a program covering
most major household appliances,
including residential furnaces and
boilers (referenced below as one of the
‘‘covered products’’).2 (42 U.S.C.
6292(a)(5) and 6295(f))
Under the Act, this program consists
essentially of four parts: (1) Testing; (2)
labeling; (3) Federal energy conservation
standards; and (4) certification and
enforcement procedures. The testing
requirements consist of test procedures
that manufacturers of covered products
must use as the basis for certifying to
DOE that their products comply with
applicable energy conservation
standards adopted pursuant to EPCA
and for making representations about
the efficiency of those products. (42
U.S.C. 6293(c); 42 U.S.C. 6295(s))
Similarly, DOE must use these test
procedures in any enforcement action to
determine whether covered products
comply with these energy conservation
standards. (42 U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth
criteria and procedures for DOE’s
adoption and amendment of such test
procedures. Specifically, EPCA provides
that ‘‘[a]ny test procedures prescribed or
amended under this section shall be
reasonably designed to produce test
results which measure energy
efficiency, energy use * * * or
estimated annual operating cost of a
covered product during a representative
average use cycle or period of use, as
determined by the Secretary [of Energy],
and shall not be unduly burdensome to
conduct.’’ (42 U.S.C. 6293(b)(3)) In
addition, if DOE determines that a test
procedure amendment is warranted, it
must publish proposed test procedures
and offer the public an opportunity to
present oral and written comments on
them. (42 U.S.C. 6293(b)(2)) Finally, in
1 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
2 All references to EPCA in this rulemaking refer
to the statute as amended through the Energy
Independence and Security Act of 2007, Public Law
110–140.
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Agencies
[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Rules and Regulations]
[Pages 76825-76831]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31373]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[Docket Number EERE-2012-BT-CE-0048]
RIN 1904-AC90
Energy Conservation Program: Certification of Commercial and
Industrial HVAC, Refrigeration and Water Heating Equipment
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE or the ``Department'') is
adopting amendments to the compliance dates for manufacturers to submit
certification reports for certain commercial and industrial equipment
covered under the Energy Policy and
[[Page 76826]]
Conservation Act of 1975, as amended (EPCA or the ``Act'').
Specifically, DOE is extending the compliance date for the
certification provisions for commercial refrigeration equipment;
commercial heating, ventilating, air-conditioning (HVAC) equipment; and
commercial water heating (WH) equipment to December 31, 2013. DOE is
extending the certification date for automatic commercial ice makers to
August 1, 2013. Lastly, DOE is adopting a correction to the packaged
terminal equipment standards table, which would impact standard-size
packaged terminal air conditioners and packaged terminal heat pumps
with a cooling capacity of 15,000 Btu/h.
DATES: This rule is effective December 31, 2012.
ADDRESSES: This rulemaking can be identified by docket number EERE-
2012-BT-CE-0048 and/or RIN number 1904-AC90.
Docket: The docket is available for review at https://www.regulations.gov, including Federal Register notices, public
meetings attendee lists, transcripts, comments, and other supporting
documents/materials. All documents in the docket are listed in the
https://www.regulations.gov index. However, not all documents listed in
the index may be publicly available, such as information that is exempt
from public disclosure.
For further information on how to submit or review public comments
or view hard copies of the docket in the Resource Room, contact Ms.
Brenda Edwards at (202) 586-2945 or email: Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Ashley Armstrong, U.S. Department
of Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington,
DC 20585-0121. Email: Ashley.Armstrong@ee.doe.gov; and Ms. Laura
Barhydt, U.S. Department of Energy, Office of the General Counsel,
Forrestal Building, GC-32, 1000 Independence Avenue SW., Washington, DC
20585. Telephone: (202) 287-5772. Email: Laura.Barhydt@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
A. Authority
Title III of the Energy Policy and Conservation Act of 1975, as
amended (``EPCA'' or ``the Act'') sets forth a variety of provisions
designed to improve energy efficiency. Part A of Title III (42 U.S.C.
6291-6309) provides for the Energy Conservation Program for Consumer
Products Other Than Automobiles. The National Energy Conservation
Policy Act (NECPA), Public Law 95-619, amended EPCA to add Part A-1 of
Title III, which established an energy conservation program for certain
industrial equipment. (42 U.S.C. 6311-6317) \1\
---------------------------------------------------------------------------
\1\ For editorial reasons, Parts B (consumer products) and C
(commercial equipment) of Title III of EPCA were re-designated as
parts A and A-1, respectively, in the United States Code.
---------------------------------------------------------------------------
Sections 6299-6305, and 6316 of EPCA authorize DOE to enforce
compliance with the energy and water conservation standards (all non-
product specific references herein referring to energy use and
consumption include water use and consumption; all references to energy
efficiency include water efficiency) established for certain consumer
products and commercial equipment. (42 U.S.C. 6299-6305 (consumer
products), 6316 (commercial equipment)) DOE has promulgated enforcement
regulations that include specific certification and compliance
requirements. See 10 CFR part 429; 10 CFR part 431, subparts B, U, and
V.
B. Background
On March 7, 2011, DOE published a final rule in the Federal
Register that, among other things, modified the requirements regarding
manufacturer submission of compliance statements and certification
reports to DOE (March 2011 Final Rule). 76 FR 12421. This rule was
largely procedural in nature; it did not amend pre-existing sampling
provisions, test procedures, or conservation standard levels for any
covered products or equipment. It did, however, impose new or revised
reporting requirements for some types of covered products and
equipment, including a requirement that manufacturers submit annual
reports to the Department certifying compliance of their basic models
with applicable standards. Finally, the Department emphasized that
manufacturers could use their discretion in grouping individual models
as a ``basic model'' such that the certified rating for the basic model
matched the represented rating for all included models. See 76 FR
12428-12429 for more information. This reflected a basic requirement of
the Department's longstanding self-certification compliance regime--
that efficiency certifications and representations must be supported by
either testing or an approved alternative method of estimating
efficiency.
The March 2011 Final Rule provided for the revised certification
provisions to be effective on July 5, 2011. Certain manufacturers of
particular types of commercial and industrial equipment \2\ stated
that, for a variety of reasons, they would be unable to meet that
deadline. As a result in a final rule published June 30, 2011, the
Department extended the compliance date for certification of commercial
refrigeration equipment; commercial HVAC equipment; commercial WH
equipment; and walk-in coolers and freezers (June 30 Final Rule). 76 FR
38287 (June 30, 2011). DOE also acknowledged in the June 30 Final Rule
that numerous manufacturers for certain types of commercial equipment
appear to have been making representations of efficiency and
determining compliance with the applicable energy conservation
standards without testing products in accordance with all of the
provisions of the DOE test procedures, which include sampling plans and
certification testing tolerances.
---------------------------------------------------------------------------
\2\ These products included commercial warm air furnaces,
commercial packaged boilers, and commercial air conditioners and
heat pumps (collectively referred to as commercial HVAC equipment);
commercial refrigeration equipment; commercial water heaters,
commercial hot water supply boilers, and unfired hot water storage
tanks (collectively referred to as commercial WH equipment); walk-in
coolers; walk-in freezers; and automatic commercial ice makers.
---------------------------------------------------------------------------
In the June 30 Final Rule, DOE stated that it believed 18 months
would be sufficient to provide manufacturers with the time necessary to
develop the data and supporting documentation needed to populate the
certification reports and certify compliance with DOE's regulations,
including the existing testing and sampling procedures. DOE also
emphasized that all covered equipment must meet the applicable energy
conservation standard and that all testing procedures and sampling
provisions were unaffected by the final rule.
On May 31, 2012, DOE published a proposed rule to revise and expand
its regulations regarding alternative efficiency determination methods
(AEDMs). (77 FR 32038). AEDMs reduce testing burdens by allowing
manufacturers to use computer simulations, mathematical models, and
other alternative methods to determine the amount of energy used or
efficiency by a particular basic model. AEDM provisions for commercial
HVAC equipment and commercial WH equipment already exist, but DOE has
proposed to revise those regulations and to allow manufacturers of
commercial refrigeration equipment to use AEDMs. DOE has not yet
finalized the AEDM rulemaking. See Docket EERE-2011-BT-TP-0024. The
Department is also
[[Page 76827]]
reviewing recommendations regarding the feasibility of a negotiated
rulemaking to revise the certification requirements for commercial HVAC
equipment and commercial refrigeration equipment.\3\
---------------------------------------------------------------------------
\3\ The U.S. Department of Energy Convening Report on the
Feasibility of a Negotiated Rulemaking to Revise the Certification
Program for Commercial Heating, Ventilating, Air Conditioning, and
Commercial Refrigeration Equipment can be found at https://www.eere.energy.gov/buildings/appliance_standards/pdfs/convening_report_hvac_cre.pdf.
---------------------------------------------------------------------------
In an October 2012 letter to the Secretary of Energy, the Air
Conditioning, Heating and Refrigeration Institute (AHRI) requested
another certification compliance date extension. (AHRI, No. 1 at pp. 1-
2). Specifically, AHRI requested that the compliance date for
certification be extended a minimum of 18 months from the date of
publication of the AEDM final rule.
On December 6, 2012, the Department proposed to extend compliance
date an additional 12 months for commercial refrigeration equipment;
commercial HVAC equipment; and commercial WH equipment (December 2012
NOPR). 77 FR 72763. DOE requested comment on its assumption regarding
the existence of test data and on whether a longer or shorter period of
time would be more appropriate. DOE also proposed to modify the
regulatory text to reflect that the compliance dates for certification
requirements for walk-in coolers and freezers, distribution
transformers, and metal halide lamp ballasts have passed by removing
the delayed compliance dates.
Lastly, the Department proposed to correct a technical drafting
error for packaged terminal air conditioners and heat pumps that was
implemented in the reprinting of Table 5 in 10 CFR 431.97 in a final
rule published on May 16, 2012. 77 FR 28994. More specifically, DOE
adopted changes to the applicable energy conservation standards for
standard size and non-standard size packaged terminal air conditioners
and heat pumps with a cooling capacity of 15,000 Btu/h. DOE proposed to
correct this error and adopt the original standards for standard size
and non-standard size packaged terminal air conditioners and heat pumps
with a cooling capacity of 15,000 Btu/h as presented in a final rule
evaluating and originally adopting the amended energy conservation for
this equipment published on April 7, 2008. 73 FR 18915.
II. Discussion of Comments
The Department received 14 written comments on the NOPR from a
number of interested commenters, including various manufacturers, trade
associations, and advocacy groups. The following parties submitted
comments for this rule:
----------------------------------------------------------------------------------------------------------------
Commenter name Short name Docket ID
----------------------------------------------------------------------------------------------------------------
Air-Conditioning, Heating and AHRI............................... EERE-2012-BT-CE-0048-0001
Refrigeration Institute. EERE-2012-BT-CE-0048-0014
Seasons 4, Incorporated........ Seasons............................ EERE-2012-BT-CE-0048-0004
Scotsman Ice Systems........... Scotsman........................... EERE-2012-BT-CE-0048-0005
Hoshizaki America, Inc......... Hoshizaki.......................... EERE-2012-BT-CE-0048-0006
UTC Climate, Controls & UTC................................ EERE-2012-BT-CE-0048-0008
Security.
AAON, Inc...................... AAON............................... EERE-2012-BT-CE-0048-0009
Ingersoll Rand................. Ingersoll Rand..................... EERE-2012-BT-CE-0048-0010
Lennox International, Inc...... Lennox............................. EERE-2012-BT-CE-0048-0011
ASAP, ACEEE, ASE, and NRDC..... Joint Comment...................... EERE-2012-BT-CE-0048-0012
Rheem Manufacturing Company.... Rheem.............................. EERE-2012-BT-CE-0048-0013
Traulsen & Company............. Traulsen........................... EERE-2012-BT-CE-0048-0015
Burnham Commercial............. Burnham............................ EERE-2012-BT-CE-0048-0016
Goodman Manufacturing.......... Goodman............................ EERE-2012-BT-CE-0048-0017
Mitsubishi Electric Cooling and Mitsubishi......................... EERE-2012-BT-CE-0048-0018
Heating.
----------------------------------------------------------------------------------------------------------------
A. Extension of Certification Deadline for Commercial Refrigeration
Equipment; HVAC Equipment; and Commercial WH Equipment
As stated above, DOE proposed an additional 12-month extension to
the compliance date for filing complete certification reports for
manufacturers of commercial refrigeration equipment; commercial HVAC
equipment; and commercial WH equipment. 77 FR 72763. Most commenters
supported an extension of at least twelve months. (Seasons, No. 4 at p.
1; UTC, No. 8 at pp. 1-2; AAON, No. 9 at pp. 1-2; Ingersoll Rand, No.
10 at pp. 1-2; Lennox, No. 11 at pp. 1-2; Joint Comment, No. 12 at pp.
1-2; Rheem, No. 13 at p. 3; AHRI, No. 14 at p. 1; Traulsen, No. 15 at
pp. 2-3, Burnham, No. 16 at p. 1; Goodman, No. 17 at pp. 1-2; and
Mitsubishi, No. 18 at pp. 1-2)
Many commenters believed that the compliance date should be tied to
the completion of the AEDM rule. (Seasons, No. 4 at p. 1; UTC, No. 8 at
pp 1-2; Lennox, No. 11 at p.2; Rheem, No. 13 at p. 3; AHRI, No. 14 at
pp. 1-2, Traulsen, No. 15 at p. 2-3; Goodman, No. 17 at pp. 1-2; and
Mitsubishi, No. 18 at pp. 1-2) Similarly, AAON commented that the AEDM
rule would impact the length of the extension needed. (AAON, No. 9 at
p. 2) In addition, AAON, Lennox AHRI, Goodman, and Mitsubishi commented
that they believe that the compliance date should be extended a minimum
of 18 months from the publication of the AEDM final rule. (AAON, No. 9
at p.2; Lennox, No. 11 at p.2; AHRI, No. 14 at p. 2; Goodman, No. 17 at
pp. 1-2; and Mitsubishi, No. 18 at pp. 1-2) Goodman detailed a view
shared by Seasons, UTC, AAON, Lennox, and AHRI that the length of the
extension required would depend upon the actual results of the testing
(due to measurement uncertainties, variances in testing set-ups and
product variances) and the tolerances allowed by DOE (for both
individual test-to-simulation results as well as average test-to-
simulation results), additional testing or a significant amount of
effort in development/specification of the internal AEDM procedure may
be required. (Goodman, 17 at p. 1; Seasons, No. 4 at p. 1; UTC, No. 8
at pp. 1-2; AAON, No. 9 at p. 2; Lennox, No. 11 at p. 2 and AHRI, No.
14 at p. 2) Ingersoll Rand commented that it was concerned that a
December 31, 2013 compliance date may not be sufficient to permit the
Department to conduct a negotiated rulemaking and allow manufacturers
to develop a means to comply with any modified requirements. (Ingersoll
Rand, No. 10 at p. 1-2) In particular, Ingersoll Rand stated that it
``hope[s] the Department recognizes [the December 2013 date] is only a
stopgap measure, not truly a feasible date for future
[[Page 76828]]
compliance.'' (Ingersoll Rand, No. 10 at p.2) Lennox also suggested
that the compliance date should be aligned with the annual
certification date for each product. (Lennox, No. 11 at pp. 2-3)
Traulsen also supported extending the certification deadline stating
that the commercial refrigeration industry may have collected energy
consumption performance data for some base model of commercial
refrigeration equipment, which may not be appropriate in all
circumstances. (Traulsen, No. 15 at p. 2) Traulsen also noted that for
certain low volume models of commercial refrigeration equipment current
data may not be available because of previously conflicting priorities.
(Id.) Mitsubishi also supported an 18-month extension from publication
of the AEDM final rule and offered a specific path forward for the
Department's consideration: (1) Finalize the AEDM rulemaking; (2)
extend the certification compliance deadline for at least 18 months
from the date of the AEDM final rule; (3) In the alternative, issue a
written DOE Guidance Document regarding the delay of enforcement of
commercial certification compliance until the AEDM rulemaking and
accompanying extension are finalized; (4) begin the negotiated
rulemaking process, which has already provided MEUS an opportunity to
clarify the central issues and which is consistent with AHRI's proposed
direction; and (5) develop a ``basic model'' definition that aligns
with AHRI's definition--a basic model should be defined by the unit
rather than levels of efficiency. (Id.)
One commenter supported the 12-month extension as proposed by the
Department without modification. Specifically, Burnham commented in
favor of a compliance extension similar to that proposed by the AHRI
organization regarding the publication of the AEDM final rule. However,
Burmham also clarified that a shorter timeframe would be feasible as
well. (Burnham, No. 16 at p. 1)
Several commenters suggested that a significantly longer extension
was needed. UTC noted that it believes an additional 12 to 36 months
will be necessary after the issuance of a final AEDM rule prior to
manufacturers being in a position to submit certification reports.
(UTC, No. 8 at p.2) Hoshizaki requested a two-year extension for
certification of commercial refrigeration equipment as it has not
completed testing of its basic models and is waiting for DOE action on
the AEDM rulemaking. (Hoshizaki, No. 6 at p. 1)
In light of the comments above, DOE is extending the compliance
date for the certification provisions for commercial refrigeration
equipment; commercial warm air furnaces, commercial packaged boilers,
and commercial air conditioners and heat pumps (collectively referred
to as commercial HVAC equipment); and commercial water heaters,
commercial hot water supply boilers, and unfired hot water storage
tanks (collectively referred to as commercial WH equipment) to December
31, 2013. DOE believes 12 months is a reasonable extension and will
allow DOE time to complete the AEDM rulemaking and allow manufacturers
to develop ratings in accordance with any revised AEDM provisions.
As noted above, the Department is reviewing the feasibility of a
negotiated rulemaking to revise the certification requirements for
commercial HVAC equipment and commercial refrigeration equipment. DOE
is also considering the formation of an advisory committee in
conjunction with such a rulemaking. Whether DOE proceeds with a
negotiated rulemaking, and the outcome of a negotiated rulemaking,
however, is uncertain. DOE believes that, should it proceed with a
negotiated rulemaking, the process would, of its nature, involve
discussion of any need to extend the new deadline further. Moreover,
DOE believes that interested parties would raise the extension issue
well in advance of December 31, 2013. Accordingly, DOE believes the 12-
month extension is sufficient.
Many commenters submitted additional thoughts regarding the AEDM
rulemaking, about the definition of ``basic model'' and about the
potential for a negotiated rulemaking. (AAON, No. 9 at p.1; Ingersoll
Rand, No. 10 at p. 1-2; Joint Comment, No. 12 at pp. 1-2; Rheem, No. 13
at pp. 1-3; AHRI, No. 14 at pp. 1-2, Goodman, No. 17 at pp. 1-2, and
Mitsubishi, No. 18 at p. 2) DOE appreciates the information provided by
parties on these matters. The substance of these comments is the
subject of other rulemakings and should be raised in those proceedings.
This rulemaking is limited to an extension of the compliance date for
the March 2011 certification provisions for commercial HVAC equipment,
commercial WH equipment, and commercial refrigeration equipment.
DOE emphasizes that the testing and sampling requirements for
commercial refrigeration equipment; commercial HVAC equipment; and
commercial WH equipment are unchanged by this extension. These
regulations can be found on a per product basis in subpart B to part
429 (sampling plans for testing) and 10 CFR 431.64, 431.76, 431.86,
431.96, 431.106, and 431.134 (uniform test methods).
B. Extension of Certification Deadline for Automatic Commercial Ice
Makers
In the December 2012 NOPR, DOE initially proposed to retain the
December 31, 2012 deadline to certify compliance but sought comment on
whether an extension was needed. Several commenters requested a six-
month extension of time for submitting certification reports for
automatic commercial ice makers (ACIM). (Scotsman, No. 5 at p. 1;
Hoshizaki, No. 6 at p. 1; AHRI, No. 14 at p. 2) Scotsman requested
additional time to work with AHRI so that AHRI could build a database
to collect the required information and submit the certification
reports on Scotsman's behalf. (Scotsman, No. 5 at p. 1) Hoshizaki
explained that it has the required test reports but that AHRI's portal
for reporting test data is not ready. (Id.) Scotsman, however,
indicated that it will need to conduct additional testing prior to
submitting certification reports. (Scotsman, No. 5 at p. 1) AHRI
requested a six-month extension to allow manufacturers time to complete
testing. (AHRI, No. 14 at p. 2)
Scotsman and Hoshizaki commented that DOE released the templates
for certification of ACIM in December 2012 and stated that they did not
have an automated process to provide many of the data elements
contained in the templates. (Scotsman, No. 5 at p. 1; Hoshizaki, No. 6
at p. 1)
Traulsen, on the other hand, noted that it did not have a concern
with the Department's proposed certification deadline of December 31,
2012 for ACIMs even though it does not manufacture or supply this type
of equipment. (Traulsen, No. 15 at p. 3)
DOE expresses no view regarding an automated process that a
regulated entity may develop to provide its certification reports. DOE
notes that the data elements required for certification have been
public since March 2011 and the CCMS templates for certification are
available to manufacturers online. Given the concerns expressed by
manufacturers, DOE is extending the compliance date for ACIM to align
the compliance date with the next annual certification reporting date.
Manufacturers would be required to submit only one certification report
in 2013 for current basic models unless they implement design changes
to those models resulting in lower efficiency or increased consumption.
Consequently, DOE is adopting a compliance date of August 1, 2013, for
submission of certification reports for ACIM.
[[Page 76829]]
C. Compliance and Enforcement
DOE emphasizes that all covered equipment must meet the applicable
energy conservation standard. ASAP, ACEEE, ASE, and NRDC also noted in
their joint comment that parties are not absolved of their obligations
to comply with current standards and encouraged DOE to enforce those
standards effectively. (Joint Comment, No. 12 at pp. 1-2) Furthermore,
all testing procedures and sampling provisions are unaffected by this
final rule. DOE is adopting a 12-month extension to the compliance date
for certification only for the commercial refrigeration equipment;
commercial HVAC equipment; and commercial WH equipment reporting
requirements in the March 2011 final rule. DOE is adopting an 8-month
extension to the compliance date for certification only for the ACIM
reporting requirements in the March 2011 final rule.
DOE encourages manufacturers to become familiar with the CCMS prior
to the certification deadline. The CCMS has templates currently
available for all covered equipment available for manufacturers to use
when submitting certification data to DOE.
DOE conducts assessment testing of products available for purchase
in the United States, pursuant to 10 CFR 429.104. While certification
is not required for commercial refrigeration equipment; commercial HVAC
equipment; and commercial WH equipment until December 31, 2013, and for
ACIM until August 1, 2013, DOE encourages manufacturers to submit to
CCMS certification reports to DOE voluntarily prior to the compliance
date required for certification. The Department will refrain from
selecting models for assessment testing for which the manufacturer has
submitted a valid certification report in CCMS. Specifically, in 2013,
DOE will, in its enforcement discretion, limit any assessment testing
of commercial refrigeration equipment, commercial HVAC equipment,
commercial WH equipment, and automatic commercial ice makers to those
models for which DOE does not have a valid certification report on
file. If DOE purchases a unit for assessment testing prior to a
manufacturer submitting a valid certification report, DOE will continue
with the assessment test. A valid certification report is one that
meets the requirements of 10 CFR part 429, including the manufacturer's
determination of compliance being based either on testing in accordance
with DOE sampling and test procedures (parts 429 and 431) or on the
AEDM procedures in part 429.
DOE will continue to conduct enforcement testing when it has a
reason to believe that products do not meet the applicable standard. In
addition, DOE will continue to conduct limited testing in support of
its rulemaking activities for these equipment types. DOE will also
continue to conduct verification testing in support of the ENERGY STAR
program.
AHRI commented that it supports DOE's enforcement policy. (AHRI,
No. 14 at p. 2-3) DOE appreciates AHRI's support and notes that the
enforcement policy is not tied to participation in a voluntary industry
certification program and is based upon the voluntary submittal of a
valid CCMS certification report to DOE in advance of the compliance
date required for certification of the applicable equipment.
D. Other Compliance Dates
DOE proposed to modify the regulatory text to reflect that the
compliance dates for walk-in coolers and freezers, distribution
transformers, and metal halide lamp ballasts have passed. DOE did not
receive any comments on this proposal. Thus, DOE is adopting these
amendments to 10 CFR 429.12(i).
E. Technical Correction
The Department proposed to correct a technical drafting error for
packaged terminal air conditioners and heat pumps that was implemented
in the reprinting of Table 5 in 10 CFR 431.97 in a final rule published
on May 16, 2012. 77 FR 28994. More specifically, DOE adopted changes to
the applicable energy conservation standards for standard size and non-
standard size packaged terminal air conditioners and heat pumps with a
cooling capacity of 15,000 Btu/h. DOE did not receive any comments on
this proposal.
Consequently, DOE is correcting this error in today's final rule by
adopting the original standards for standard size and non-standard size
packaged terminal air conditioners and heat pumps with a cooling
capacity of 15,000 Btu/h as presented in a final rule evaluating and
originally adopting the amended energy conservation for this equipment
published on April 7, 2008. 73 FR 18915.
III. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
Today's regulatory action is not a ``significant regulatory
action'' under section 3(f) of Executive Order 12866. Accordingly, this
action was not subject to review under the Executive Order by the
Office of Information and Regulatory Affairs (OIRA) in the Office of
Management and Budget (OMB).
B. Administrative Procedure Act
DOE has determined, pursuant to authority at 5 U.S.C. 553(d)(1),
that this final rule is not subject to a 30-day delay in effective date
because this rule extending the compliance date for a requirement
relieves a restriction.
C. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (IFRA) for
any rule that by law must be proposed for public comment, unless the
agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's Web site: https://energy.gov/gc/office-general-counsel.
DOE reviewed this rule under the provisions of the Regulatory
Flexibility Act and the procedures and policies published on February
19, 2003. This rule merely extends the compliance date of a rulemaking
already promulgated. To the extent such action has any economic impact
it would be positive in that it would allow regulated parties
additional time to come into compliance. DOE did undertake a full
regulatory flexibility analysis of the original Certification,
Compliance, and Enforcement for Consumer Products and Commercial and
Industrial Equipment rulemaking. That analysis considered the impacts
of that rulemaking on small entities. As a result, DOE certifies that
this rule will not have a significant economic impact on a substantial
number of small entities.
D. Review Under the National Environmental Policy Act
DOE has determined that this rule falls into a class of actions
that are categorically excluded from review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's
implementing
[[Page 76830]]
regulations at 10 CFR part 1021. Specifically, this rule amends an
existing rule without changing its environmental effect and, therefore,
is covered by the Categorical Exclusion in 10 CFR part 1021, subpart D,
paragraph A5. Accordingly, neither an environmental assessment nor an
environmental impact statement is required
IV. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of today's final
rule.
List of Subjects
10 CFR Part 429
Administrative practice and procedure, Energy conservation,
Commercial equipment, Reporting and recordkeeping requirements.
10 CFR Part 431
Administrative practice and procedure, Energy conservation,
Commercial equipment, Reporting and recordkeeping requirements.
Issued in Washington, DC, on December 26, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency
and Renewable Energy.
For the reasons set forth in the preamble, DOE amends chapter II,
subchapter D, of Title 10 of the Code of Federal Regulations to read as
follows:
PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 429 continues to read as follows:
Authority: 42 U.S.C. 6291-6317.
0
2. Revise Sec. 429.12 paragraph (i) to read as follows:
Sec. 429.12 General requirements applicable to certification reports.
* * * * *
(i) Compliance dates. For any product subject to an applicable
energy conservation standard for which the compliance date has not yet
occurred, a certification report must be submitted not later than the
compliance date for the applicable energy conservation standard. The
covered products enumerated below are subject to the stated compliance
dates for certification:
(1) Automatic commercial ice makers, August 1, 2013;
(2) Commercial refrigeration equipment, December 31, 2013;
(3) Commercial heating, ventilating, and air-conditioning
equipment, December 31, 2013; and
(4) Commercial water heating equipment, December 31, 2013.
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
3. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6291-6317.
0
4. Revise Table 5 to Sec. 431.97 to read as follows:
Sec. 431.97 Energy efficiency standards and their compliance dates.
* * * * *
Table 5 to Sec. 431.97--Updated Minimum Efficiency Standards for PTAC and PTHP
----------------------------------------------------------------------------------------------------------------
Compliance date: Products
Equipment type Cooling capacity Sub-category Efficiency level manufactured on and after
. . .
----------------------------------------------------------------------------------------------------------------
PTAC............ Standard Size.............. <7,000 Btu/h...... EER = 11.7....... October 8, 2012.
>=7,000 Btu/h and EER = 13.8 - (0.3 October 8, 2012.
<=15,000 Btu/h. x Cap\1\).
>15,000 Btu/h..... EER = 9.3........ October 8, 2012.
Non-Standard Size.......... <7,000 Btu/h...... EER = 9.4........ October 7, 2010.
>=7,000 Btu/h and EER = 10.9 - October 7, 2010.
<=15,000 Btu/h. (0.213 x Cap\1\).
>15,000 Btu/h..... EER = 7.7........ October 7, 2010.
----------------------------------------------------------------------------------------------------------------
PTHP............ Standard Size.............. <7,000 Btu/h...... EER = 11.9....... October 8, 2012.
COP = 3.3........
>=7,000 Btu/h and EER = 14.0 - (0.3 October 8, 2012.
<=15,000 Btu/h. x Cap\1\).
COP = 3.7 -
(0.052 x Cap\1\).
>15,000 Btu/h..... EER = 9.5........ October 8, 2012.
COP = 2.9........
Non-Standard Size.......... <7,000 Btu/h...... EER = 9.3........ October 7, 2010.
COP = 2.7........
>=7,000 Btu/h and EER = 10.8 - October 7, 2010.
<=15,000 Btu/h. (0.213 x Cap\1\).
COP = 2.9 -
(0.026 x Cap\1\).
>15,000 Btu/h..... EER = 7.6........ October 7, 2010.
COP = 2.5........
----------------------------------------------------------------------------------------------------------------
\1\ ``Cap'' means cooling capacity in thousand Btu/h at 95 [deg]F outdoor dry-bulb temperature.
[[Page 76831]]
* * * * *
[FR Doc. 2012-31373 Filed 12-28-12; 8:45 am]
BILLING CODE 6450-01-P