Energy Conservation Program: Energy Conservation Standards for Air-Cooled Commercial Package Air Conditioners and Heat Pumps, 79374-79380 [2024-22081]
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Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations
PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
1. The authority citation for part 430
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
2461 note.
2. Amend § 430.32 by revising
paragraph (aa)(2)(ii) to read as follows:
■
§ 430.32 Energy and water conservation
standards and their compliance dates.
*
*
*
*
(aa) * * *
(2) * * *
(ii) Combination cooler refrigeration
products manufactured on or after
January 31, 2029, shall have an Annual
Energy Use (AEU) no more than:
*
AEU
(kWh/yr)
Product class
C–3A. Cooler with all-refrigerator—automatic defrost .....................................................................................................
C–3A–BI. Built-in cooler with all-refrigerator—automatic defrost .....................................................................................
C–5–BI. Built-in cooler with refrigerator-freezer with automatic defrost with bottom-mounted freezer ...........................
C–9. Cooler with upright freezer with automatic defrost ..................................................................................................
C–9–BI. Built-in cooler with upright freezer with automatic defrost .................................................................................
C–13A. Compact cooler with all-refrigerator—automatic defrost .....................................................................................
C–13A–BI. Built-in compact cooler with all-refrigerator—automatic defrost ....................................................................
4.11AV
4.67AV
5.47AV
5.58AV
6.38AV
4.74AV
5.22AV
+
+
+
+
+
+
+
117.4.
133.0.
196.2 + 28I.
147.7 + 28I.
168.8 + 28I.
155.0.
170.5.
AV = Total adjusted volume, expressed in ft3, as determined in appendix A to subpart B of this part.
I = 1 for a product with an automatic icemaker and = 0 for a product without an automatic icemaker.
*
*
*
*
*
Note: The following appendix will not
appear in the Code of Federal Regulations.
Appendix A
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July 9, 2024
Ami Grace-Tardy
Assistant General Counsel for Legislation,
Regulation and Energy Efficiency
U.S. Department of Energy
Washington, DC 20585
Ami.Grace-Tardy@hq.doe.gov
Re: Conservation Standards for
Miscellaneous Refrigeration Products DOE
Docket No. EERE–2020–BT–STD–0039
Dear Assistant General Counsel Grace-Tardy:
I am responding to your May 10, 2024,
letter seeking the views of the Attorney
General about the potential impact on
competition of proposed energy conservation
standards for miscellaneous refrigeration
products (MREFs).
Your request was submitted under Section
325(o)(2)(B)(i)(V) of the Energy Policy and
Conservation Act, as amended (ECPA), 42
U.S.C. 6295(o)(2)(B)(i)(V), which requires the
Attorney General to make a determination of
the impact of any lessening of competition
that is likely to result from the imposition of
proposed energy conservation standards. The
Attorney General’s responsibility for
responding to requests from other
departments about the effect of a program on
competition has been delegated to the
Assistant Attorney General for the Antitrust
Division in 28 CFR 0.40(g). The Assistant
Attorney General for the Antitrust Division
has authorized me, as the Policy Director for
the Antitrust Division, to provide the
Antitrust Division’s views regarding the
potential impact on competition of proposed
energy conservation standards on his behalf.
In conducting its analysis, the Antitrust
Division examines whether a proposed
standard may lessen competition, for
example, by substantially limiting consumer
choice, by placing certain manufacturers at
an unjustified competitive disadvantage, or
by inducing avoidable inefficiencies in
production or distribution of particular
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products. A lessening of competition could
result in higher prices to manufacturers and
consumers.
We have reviewed the proposed standards
contained in the Notice of Proposed
Rulemaking (89 FR 37987, May 7, 2024), the
Direct Final Rule (89 FR 38762, May 7, 2024),
and the related Technical Support
Documents (TSD) that accompanied them.
We have also reviewed the Docket and noted
that, as of July 9, 2024, no public comments
had been filed in response to the Notice of
Proposed Rulemaking or the Direct Final
Rule.
Based on this review, our conclusion is
that the proposed energy conservation
standards for MREFs are unlikely to have a
significant adverse impact on competition.
Sincerely,
/s/
David G.B. Lawrence,
Policy Director.
[FR Doc. 2024–22131 Filed 9–27–24; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE–2022–BT–STD–0015]
RIN 1904–AF34
Energy Conservation Program: Energy
Conservation Standards for Air-Cooled
Commercial Package Air Conditioners
and Heat Pumps
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Direct final rule; confirmation of
effective and compliance dates.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) published a direct final
rule to establish amended energy
conservation standards for air-cooled
commercial package air conditioners
and heat pumps with a rated cooling
SUMMARY:
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capacity greater than or equal to 65,000
Btu/h in the Federal Register on May
20, 2024. DOE has determined that the
comments received in response to the
direct final rule do not provide a
reasonable basis for withdrawing the
direct final rule. Therefore, DOE
provides this document confirming the
effective and compliance dates of those
standards.
The effective date of September
17, 2024, for the direct final rule
published on May 20, 2024, (89 FR
44052) is confirmed. Compliance with
the standards established in the direct
final rule will be required on and after
January 1, 2029.
DATES:
The docket for this
rulemaking, which includes Federal
Register notices, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials, is available for
review at www.regulations.gov. All
documents in the docket are listed in
the 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.
The docket web page can be found at
www.regulations.gov/docket/EERE2022-BT-STD-0015. The docket
webpage contains instructions on how
to access all documents, including
public comments, in the docket.
For further information on how to
submit a comment or review other
public comments and the docket,
contact the Appliance and Equipment
Standards Program staff at (202) 287–
1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations
Dr. Pradeep Prathibha, U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Building Technologies Office, EE–5B,
1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (240) 255–0630. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Mr. Eric Stas, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 586–4798. Email:
Eric.Stas@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority
II. Air-Cooled Commercial Unitary Air
Conditioners and Heat Pumps Direct
Final Rule
A. Background
III. Comments on the Direct Final Rule
A. General Comments
B. Certification
IV. Impact of Any Lessening of Competition
V. Conclusion
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I. Authority
The Energy Policy and Conservation
Act, Public Law 94–163, as amended
(‘‘EPCA’’),1 authorizes DOE to issue a
direct final rule establishing an energy
conservation standard for covered
equipment on receipt of a statement
submitted jointly by interested persons
that are fairly representative of relevant
points of view (including
representatives of manufacturers of
covered equipment, States, and
efficiency advocates), as determined by
the Secretary of Energy (‘‘Secretary’’),
that contains recommendations with
respect to an energy or water
conservation standard that are in
accordance with the provisions of 42
U.S.C. 6295(o) or 42 U.S.C.
6313(a)(6)(B), as applicable. (42 U.S.C.
6316(b)(1); 42 U.S.C. 6295(p)(4))
The direct final rule must be
published simultaneously with a notice
of proposed rulemaking (‘‘NOPR’’) that
proposes an energy or water
conservation standard that is identical
to the standard established in the direct
final rule, and DOE must provide a
public comment period of at least 110
days on this proposal. (42 U.S.C.
6316(b)(1); 42 U.S.C. 6295(p)(4)(A)–(B))
Not later than 120 days after issuance of
the direct final rule, DOE shall
withdraw the direct final rule if: (1)
DOE receives one or more adverse
1 All references to EPCA in this document refer
to the statute as amended through the Energy Act
of 2020, Public Law 116–260 (Dec. 27, 2020), which
reflect the last statutory amendments that impact
Parts A and A–1 of EPCA.
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public comments relating to the direct
final rule or any alternative joint
recommendation; and (2) based on the
rulemaking record relating to the direct
final rule, DOE determines that such
adverse public comments or alternative
joint recommendation may provide a
reasonable basis for withdrawing the
direct final rule. (42 U.S.C. 6316(b)(1);
42 U.S.C. 6295(p)(4)(C)) If DOE makes
such a determination, DOE must
proceed with the NOPR published
simultaneously with the direct final rule
and publish in the Federal Register the
reasons why the direct final rule was
withdrawn. (Id.)
After review of comments received,
DOE has determined that it did not
receive any adverse comments
providing a basis for withdrawal
described above for the direct final rule
that is the subject of this document. As
such, DOE did not withdraw this direct
final rule and allowed it to become
effective. Although not required under
EPCA, where DOE does not withdraw a
direct final rule, DOE customarily
publishes a summary of the comments
received during the 110-day comment
period and its responses to those
comments. This document contains
such a summary, as well as DOE’s
responses to the comments.
II. Air-Cooled Commercial Unitary Air
Conditioners and Heat Pumps Direct
Final Rule
A. Background
Small, large, and very large
commercial package air conditioning
and heating equipment are covered
equipment under EPCA. (42 U.S.C.
6311(1)(B)–(D)) Such equipment
includes as equipment categories aircooled commercial unitary air
conditioners with a rated cooling
capacity greater than or equal to 65,000
Btu/h and less than 760,000 Btu/h
(‘‘ACUACs’’) and air-cooled commercial
unitary heat pumps with a rated cooling
capacity greater than or equal to 65,000
Btu/h and less than 760,000 Btu/h
(‘‘ACUHPs’’) (excluding double-duct air
conditioners and heat pumps), which
are the subject of this rulemaking.2
2 While ACUACs and ACUHPs with rated cooling
capacity less than 65,000 Btu/h are included in the
broader category of commercial unitary air
conditioners and heat pumps (‘‘CUACs and
CUHPs’’), they are not addressed in this
rulemaking. The standards for ACUACs and
ACUHPs with rated cooling capacity less than
65,000 Btu/h have been addressed in a separate
rulemaking (see Docket No. EERE–2022–BT–STD–
0008). Additionally, while double-duct air
conditioners and heat pumps are air-cooled
commercial package air conditioning and heating
equipment, they are not addressed in this
rulemaking. Double-duct systems will be addressed
in a separate rulemaking process. Accordingly, all
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In a direct final rule published in the
Federal Register on January 15, 2016
(‘‘January 2016 Direct Final Rule’’), DOE
prescribed the current energy
conservation standards for ACUACs and
ACUHPs manufactured on and after
January 1, 2023.3 81 FR 2420. These
standards are set forth in DOE’s
regulations at title 10 of the Code of
Federal Regulations (‘‘CFR’’) section
431.97(b).
DOE’s current energy conservation
standards are expressed in terms of
integrated energy efficiency ratio
(‘‘IEER’’) for the cooling efficiency of
ACUACs and ACUHPs, and in terms of
coefficient of performance (‘‘COP’’) for
the heating efficiency of ACUHPs. (See
10 CFR 431.97(b)) To demonstrate
compliance with the current energy
conservation standards, manufacturers
must use the test procedure provided at
10 CFR part 431, subpart F, appendix A
(‘‘appendix A’’), Uniform Test Method
for the Measurement of Energy
Consumption of Commercial Package
Air Conditioning and Heating
Equipment (Excluding Air-Cooled
Equipment With a Cooling Capacity
Less Than 65,000 Btu/h).
Since publication of the January 2016
Direct Final Rule, the American Society
of Heating, Refrigerating, and AirConditioning Engineers (‘‘ASHRAE’’)
published an updated version of
ASHRAE Standard 90.1 (‘‘ASHRAE
Standard 90.1–2016’’), which updated
the minimum efficiency levels for
ACUACs and ACUHPs to align with the
first tier of minimum efficiencies
adopted by DOE in the January 2016
Direct Final Rule (which had a
compliance date of January 1, 2018).
ASHRAE subsequently published
another updated version of ASHRAE
Standard 90.1 (‘‘ASHRAE Standard
90.1–2019’’), which updated the
minimum efficiency levels for ACUACs
and ACUHPs to align with both tiers
adopted by DOE in the January 2016
Direct Final Rule (i.e., specifying two
tiers of minimum levels for ACUACs
and ACUHPs, with a January 1, 2023,
compliance date for the second tier).4
references within this direct final rule to ACUACs
and ACUHPs exclude equipment with rated cooling
capacity less than 65,000 Btu/h and double-duct
systems.
3 The January 2016 Direct Final Rule adopted a
two-tiered standard approach that applied a first
tier of minimum efficiency levels for compliance on
January 1, 2018, and a second tier of higher
minimum efficiency levels for compliance on
January 1, 2023. 81 FR 2420, 2489–2490, 2531 (Jan.
15, 2016).
4 ASHRAE Standard 90.1–2022 was published in
January 2023, but it did not affect the standards
being considered in this rulemaking or trigger DOE
for this equipment.
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Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations
On May 12, 2020, DOE began its sixyear-lookback review for ACUACs and
ACUHPs by publishing in the Federal
Register an energy conservation
standards (‘‘ECS’’) request for
information (‘‘RFI’’) (referred to
hereafter as the ‘‘May 2020 ECS RFI’’).5
85 FR 27941. The May 2020 ECS RFI
sought information to help DOE inform
its decisions, consistent with its
obligations under EPCA. DOE received
multiple comments from interested
stakeholders in response to the May
2020 ECS RFI, which prompted DOE to
publish a test procedure and energy
conservation notice RFI (referred to
hereafter as the ‘‘May 2022 TP/ECS
RFI’’) in the Federal Register on May
25, 2022, to investigate additional
aspects of the ACUAC and ACUHP test
procedure and energy conservation
standards. 87 FR 31743.
On July 29, 2022, DOE published in
the Federal Register a notice of intent
to establish a working group for
commercial unitary air conditioners and
heat pumps to negotiate proposed test
procedures and amended energy
conservation standards for this
equipment (‘‘July 2022 Notice of
Intent’’). 87 FR 45703. The Appliance
Standards and Rulemaking Federal
Advisory Committee (‘‘ASRAC’’)
established the ASRAC ACUAC/HP
Working Group (hereinafter referred to
as ‘‘the ACUAC/HP Working Group’’) in
accordance with the Federal Advisory
Committee Act (‘‘FACA’’) (5 U.S.C. App
2) and the Negotiated Rulemaking Act
(‘‘NRA’’) (5 U.S.C. 561–570, Pub. L.
104–320). The purpose of the ACUAC/
HP Working Group was to discuss, and
if possible, reach consensus on
recommended amendments to the test
procedures and energy conservation
standards for ACUACs and ACUHPs.
The ACUAC/HP Working Group
consisted of 14 voting members,
including DOE. (See appendix A,
Working Group Members, Document
No. 65 in Docket No. EERE–2022–BT–
STD–0015) On December 15, 2022, the
ACUAC/HP Working Group signed a
term sheet (‘‘ACUAC/HP Working
Group TP Term Sheet’’) of
recommendations regarding ACUAC
and ACUHP test procedures, including
two new efficiency metrics: integrated
ventilation, economizing, and cooling
(‘‘IVEC’’) and integrated ventilation and
heating efficiency (‘‘IVHE’’). (See Id.)
The ACUAC/HP Working Group met
five times to discuss energy
conservation standards for ACUACs and
ACUHPs. These meetings took place on
February 22–23, March 21–22, April 12–
13, April 26–27, and May 1, 2023. As a
result of these efforts, the ACUAC/HP
Working Group successfully reached
consensus on recommended energy
conservation standards in terms of the
new IVEC and IVHE metrics for
ACUACs and ACUHPs. On May 1, 2023,
the ACUAC/HP Working Group signed
a term sheet (‘‘ACUAC/HP Working
Group ECS Term Sheet’’) outlining its
recommendations regarding ACUAC
and ACUHP standards in terms of the
new efficiency metrics, IVEC and IVHE,
which ASRAC approved on October 17,
2023.6
DOE determined that the ACUAC/
ACUHP Working Group statement
containing recommendations with
respect to energy conservation standards
for ACUACs and ACUHPs were in
accordance with the statutory
requirements of 42 U.S.C. 6295(p)(4)(A);
42 U.S.C. 6316(b)(1) for the issuance of
a direct final rule and published a direct
final rule in the Federal Register on
May 20, 2024 (‘‘May 2024 Direct Final
Rule’’). 89 FR 44052, 44064–44065. DOE
simultaneously published a final rule in
the Federal Register amending the
current test procedure, Appendix A, to
incorporate by reference the most recent
version of the industry test procedure,
AHRI 340/360–2022, for ACUACs,
ACUHPs, evaporatively-cooled
commercial unitary air conditioners
(‘‘ECUACs’’), and water-cooled
commercial unitary air conditioners
(‘‘WCAUCs’’) and establishing a new
test procedure appendix A1 to subpart
F of 10 CFR 431.96 (‘‘appendix A1’’)
referencing a new industry test
procedure, AHRI 1340–2023, for any
standards denominated in terms of IVEC
and IVHE. (‘‘May 2024 TP Final Rule’’).
89 FR 43986 (May 20, 2024).
Accordingly, DOE adopted the
recommended efficiency levels for
ACUACs and ACUHPs as the amended
standard levels in the May 2024 Direct
Final Rule. 89 FR 44052, 44135 (May 20,
2024).
The standards adopted in the May
2024 Direct Final Rule apply to the
equipment classes listed in table II.1
and that are manufactured in, or
imported into, the United States starting
on January 1, 2029. The May 2024
Direct Final Rule provides a detailed
discussion of DOE’s analysis of the
benefits and burdens of the amended
standards pursuant to the criteria set
forth in EPCA. Id. at 89 FR 44124–
44134.
TABLE II.1—ENERGY CONSERVATION STANDARDS FOR ACUACS AND ACUHPS
[Compliance Starting January 1, 2029]
Cooling capacity
Subcategory
≥65,000 Btu/h and <135,000 Btu/h ...............................
AC
Electric Resistance Heating or No Heating ..................
All Other Types of Heating ............................................
All Types of Heating ......................................................
HP
≥135,000 Btu/h and <240,000 Btu/h .............................
AC
Electric Resistance Heating or No Heating ..................
All Other Types of Heating ............................................
All Types of Heating ......................................................
HP
≥240,000 Btu/h and <760,000 Btu/h .............................
AC
Electric Resistance Heating or No Heating ..................
All Other Types of Heating ............................................
All Types of Heating ......................................................
HP
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Supplementary heating type
Minimum
efficiency
IVEC
IVEC
IVEC
IVHE
IVEC
IVEC
IVEC
IVHE
IVEC
IVEC
IVEC
IVHE
=
=
=
=
=
=
=
=
=
=
=
=
14.3
13.8
13.4
6.2
13.8
13.3
13.1
6.0
12.9
12.2
12.1
5.8
As required by EPCA, DOE also
simultaneously published a NOPR
proposing the identical standard levels
contained in the May 2024 Direct Final
Rule. 89 FR 43770 (May 20, 2024). DOE
considered whether any adverse
5 The May 2020 ECS RFI also addressed
commercial warm air furnaces, a separate type of
covered equipment which was subsequently
handled in a different rulemaking proceeding (see
Docket No. EERE–2019–BT–STD–0042 in
www.regulations.gov).
6 The ACUAC/HP Working Group ECS Term
Sheet is available at www.regulations.gov/
document/EERE-2022-BT-STD-0015-0087.
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Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations
comment received during the 110-day
comment period following the
publication of the May 2024 Direct Final
Rule provided a reasonable basis for
withdrawal of the direct final rule under
the provisions in 42 U.S.C. 6295(p)(4)(C)
and 42 U.S.C. 6316(b)(1).
III. Comments on the Direct Final Rule
As discussed in section I of this
document, not later than 120 days after
publication of a direct final rule, DOE
shall withdraw the direct final rule if:
(1) DOE receives one or more adverse
public comments relating to the direct
final rule or any alternative joint
recommendation; and (2) based on the
79377
rulemaking record relating to the direct
final rule, DOE determines that such
adverse public comments or alternative
joint recommendation may provide a
reasonable basis for withdrawing the
direct final rule. (42 U.S.C. 6316(b)(1);
42 U.S.C. 6295(p)(4)(C)(i))
DOE received comments in response
to the May 2024 Direct Final Rule from
the interested parties listed in table III.1.
TABLE III.1—LIST OF COMMENTERS WITH WRITTEN SUBMISSIONS IN RESPONSE TO THE MAY 2024 DIRECT FINAL RULE
Commenter(s)
Abbreviation
Comment No.
in the docket
Commenter type
Julian Anderson ...........................................................................................
Anonymous ..................................................................................................
Appliance Standards Awareness Project, the American Council for an
Energy-Efficient Economy, and the Northwest Energy Efficiency Alliance.
Pacific Gas and Electric Company (PG&E), San Diego Gas and Electric
(SDG&E), and Southern California Edison (SCE) (collectively referred
to as the California Investor-Owned Utilities).
Anderson ...................
Anonymous ...............
ASAP, ACEEE, and
NEEA.
102 ....................
103 ....................
106 ....................
Individual.
Individual.
Efficiency Advocacy Organizations.
CA IOUs ....................
104 * and 105 ....
Utilities.
* The CA IOUs submitted a duplicate comment in response to the NOPR that accompanied the direct final rule. Therefore, both comment submissions are included in this table.
A parenthetical reference at the end of
a comment quotation or paraphrase
provides the location of the item in the
public record.7 The following sections
discuss the substantive comments DOE
received on the May 2024 Direct Final
Rule, as well as DOE’s determination
that the comments do not provide a
reasonable basis for withdrawal of the
direct final rule.
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A. General Comments
ASAP, ACEEE, and NEEA and the CA
IOUs supported the standards in the
May 2024 Direct Final Rule, as they
align with the levels prescribed in
Recommendation #1 of the ACUAC/HP
Working Group ECS Term Sheet.
(ASAP, ACEEE, and NEEA, No. 106 at
p. 1; CA IOUs, Nos. 104 and 105 at pp.
1–2) The CA IOUs supported the
effective date of January 1, 2029, for
these standards. (CA IOUs, Nos. 104 and
105 at p. 2)
ASAP, ACEEE, and NEEA commented
that the new efficiency metrics, IVEC
and IVHE, would improve the
representativeness of the efficiency
ratings and better capture the total
energy consumption of the cooling and
heating seasons. (ASAP, ACEEE, and
NEEA, No. 106 at p. 1) ASAP, ACEEE,
and NEEA commented that the
standards would reduce national energy
7 The parenthetical reference provides a reference
for information located in the docket of DOE’s
rulemaking to develop energy conservation
standards for the subject ACUACs and ACUHPs.
(Docket No. EERE–2022–BT–STD–0015, which is
maintained at: www.regulations.gov). The
references are arranged as follows: (commenter
name, comment docket ID number at page of that
document).
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consumption, cut carbon emissions, and
provide net present value savings for
consumers. (Id.) ASAP, ACEEE, and
NEEA commented that small-capacity
ACUACs have the largest market share
and would use almost 23 percent less
energy with the amended standards
than ones just meeting the current
standard. (Id.) ASAP, ACEEE, and NEEA
further commented that the amended
standards would provide large life-cycle
cost savings for consumers, with short
payback periods relative to the lifetime
of ACUACs and ACUHPs. (Id. at p. 2)
Anderson supported the May 2024
Direct Final Rule, stating that it would
be the next step towards greater energy
efficiency and emissions reductions and
that it would drive innovation to
support economic savings and a more
sustainable environment. (Anderson,
No. 102 at p. 1)
DOE agrees with these comments
which are in accord with the amended
standards set forth in the May 2024
Direct Final Rule.
An anonymous commenter stated that
ASHRAE 241 standards or better must
be adopted. (Anonymous, No. 103 at p.
1)
In response to the anonymous
commenter, ASHRAE Standard 241,
Control of Infectious Aerosols,
(‘‘ASHRAE 241’’) addresses the design,
installation, commissioning, and
maintenance of HVAC systems to
control the spread of infectious aerosols.
As such, the provisions of ASHRAE 241
are outside the scope of consideration
for this rulemaking. Therefore, DOE has
determined that the comment regarding
adoption of ASHRAE 241 provided by
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this anonymous commenter does not
provide a reasonable basis to withdraw
the May 2024 Direct Final Rule.
B. Certification
The CA IOUs urged DOE to initiate a
certification rulemaking at its earliest
convenience such that Recommendation
#2 of the ACUAC/HP Working Group
ECS Term Sheet could be implemented
allowing for certification of ACUACs
and ACUHPs using the new metrics and
reporting fields. (CA IOUs, No. 104 and
105 at p. 2) The CA IOUs specifically
requested that manufacturers publicly
certify the crankcase heat wattage for
each compressor stage, and the 5 °F
heating capacity and COP, if applicable.
(Id.) The CA IOUs commented that the
early implementation of a certification
rulemaking would clarify the
certification requirements and process
and facilitate early compliance for
manufacturers before the amended
standards’ effective date of January 1,
2029. (Id.)
In response, DOE acknowledges that
certification data will be required for
ACUACs and ACUHPs; however, DOE
did not amend the existing or adopt new
certification or reporting requirements
for ACUACs and ACUHPs in the May
2024 Direct Final Rule. 89 FR 44052,
44132 (May 20, 2024). Instead, DOE may
consider proposals to establish
associated certification requirements
and reporting for ACUACs and ACUHPs
under a separate, future rulemaking
regarding appliance and equipment
certification.
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Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations
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IV. Impact of Any Lessening of
Competition
EPCA directs DOE to consider the
impact of any lessening of competition,
as determined in writing by the
Attorney General of the United States
(‘‘Attorney General’’), that is likely to
result from a standard. (42 U.S.C.
6316(b)(1); 42 U.S.C. 6295(p)(4)(A)(i); 42
U.S.C. 6313(a)(6)(B)(ii)(V)) To assist the
Attorney General in making this
determination, DOE provided the
Department of Justice (‘‘DOJ’’) with
copies of the May 2024 Direct Final
Rule, the corresponding NOPR, and the
May 2024 DirectFinal Rule Technical
Support Document for review. DOE has
published DOJ’s comments at the end of
this document in appendix A.
In its letter responding to DOE, DOJ
concluded that, based on its review, the
proposed energy conservation standards
in the Direct Final Rule are unlikely to
have a significant adverse impact on
competition.
VerDate Sep<11>2014
16:22 Sep 27, 2024
Jkt 262001
V. Conclusion
In summary, based on the previous
discussion, DOE has determined that
the comments received in response to
the direct final rule for amended energy
conservation standards for the subject
ACUACs and ACUHPs do not provide a
reasonable basis for withdrawal of the
direct final rule. As a result, the energy
conservation standards set forth in the
direct final rule became effective on
September 17, 2024. Compliance with
these standards is required on and after
January 1, 2029.
Signing Authority
This document of the Department of
Energy was signed on September 20,
2024, by Jeffrey Marootian, Principal
Deputy Assistant Secretary for Energy
Efficiency and Renewable Energy,
pursuant to delegated authority from the
Secretary of Energy. That document
with the original signature and date is
maintained by DOE. For administrative
PO 00000
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purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on September
23, 2024.
Treena V. Garrett
Federal Register Liaison Officer, U.S.
Department of Energy.
Note: The following appendix will not
appear in the Code of Federal Regulations.
Appendix A
BILLING CODE 6450–01–P
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79379
U.S. Department of Justice
Antitrust Division
RFK Main Justice Building
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
July 22, 2024
Ami Grace-Tardy
Assistant General Counsel for Legislation, Regulation and
Energy Efficiency
U.S. Department of Energy
Washington, DC 20585
Ami.Grace-Tardy@hq.doe.gov
Re: Conservation Standards for Air-Cooled Commercial Package Air Conditioners and
Heat Pumps
DOE Docket No. EERE-2022-BT-STD-0015
Dear Assistant General Counsel Grace-Tardy:
I am responding to your May 22, 2024, letter seeking the views of the Attorney
General about the potential impact on competition of proposed energy conservation
standards for air-cooled commercial package air conditioners and heat pumps.
VerDate Sep<11>2014
16:22 Sep 27, 2024
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ddrumheller on DSK120RN23PROD with RULES1
Your request was submitted under Section 325(o)(2)(B)(i)(V) of the Energy
Policy and Conservation Act, as amended (ECPA), 42 U.S.C. 6295(o)(2)(B)(i)(V), which
requires the Attorney General to make a determination of the impact of any lessening of
competition that is likely to result from the imposition of proposed energy conservation
standards. The Attorney General's responsibility for responding to requests from other
79380
Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations
departments about the effect of a program on competition has been delegated to the
Assistant Attorney General for the Antitrust Division in 28 CFR § 0.40(g). The Assistant
Attorney General for the Antitrust Division has authorized me, as the Policy Director for
the Antitrust Division, to provide the Antitrust Division's views regarding the potential
impact on competition of proposed energy conservation standards on his behalf.
In conducting its analysis, the Antitrust Division examines whether a proposed
standard may lessen competition, for example, by substantially limiting consumer choice,
by placing certain manufacturers at an unjustified competitive disadvantage, or by
inducing avoidable inefficiencies in production or distribution of particular products. A
lessening of competition could result in higher prices to manufacturers and consumers.
We have reviewed the proposed standards contained in the Notice of Proposed
Rulemaking (89 Fed. Reg. 43770, May 20, 2024), the Direct Final Rule (89 Fed. Reg.
44052, May 20, 2024), and the related Technical Support Documents (TSD) that
accompanied them. We have also reviewed the Docket and public comments filed in
response to the related Request for Information.
Based on this review, our conclusion is that the proposed energy conservation
standards for air-cooled commercial package air conditions and heat pumps are unlikely
to have a significant adverse impact on competition.
Sincerely,
/s/
David G .B. Lawrence
Policy Director
RIN 3133–AF55
DATES:
BILLING CODE 6450–01–C
NATIONAL CREDIT UNION
ADMINISTRATION
12 CFR Parts 701, 741, 746, 748, and
752
The final rule is effective
October 30, 2024.
Fair Hiring in Banking
National Credit Union
Administration (NCUA).
ACTION: Final rule.
ddrumheller on DSK120RN23PROD with RULES1
AGENCY:
The NCUA Board (Board) is
issuing this final rule to incorporate
Interpretive Ruling and Policy
Statement (IRPS) 19–1 and the Fair
Hiring in Banking Act (FHBA) into its
regulations. The Federal Credit Union
Act (FCU Act) generally prohibits,
except with the Board’s prior written
SUMMARY:
VerDate Sep<11>2014
16:22 Sep 27, 2024
Jkt 262001
FOR FURTHER INFORMATION CONTACT:
Rachel Ackmann, Senior Staff Attorney,
Office of General Counsel, and Pamela
Yu, Special Counsel to the General
Counsel, Office of General Counsel, at
the above address or by calling (703)
518–6540.
SUPPLEMENTARY INFORMATION:
I. Background
Section 205(d) of the Federal Credit
Union Act (Section 205(d))
Prior to December 23, 2022, section
205(d)(1) of the Federal Credit Union
Act (FCU Act) provided that, except
with the prior written consent of the
Board (the NCUA refers to applications
for such consent as ‘‘consent
applications’’), a person who has been
convicted of any criminal offense
involving dishonesty or breach of trust,
or has agreed to enter into a pretrial
diversion or similar program in
connection with the prosecution for
such offense (collectively, covered
offenses), may not:
• Become, or continue as, an
institution-affiliated party (IAP) with
respect to any insured credit union; or
• Otherwise participate, directly or
indirectly, in the conduct of the affairs
of any insured credit union.1
1 12
PO 00000
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Fmt 4700
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E:\FR\FM\30SER1.SGM
U.S.C. 1785(d)(1).
30SER1
ER30SE24.001</GPH>
[NCUA–2023–0023]
consent, any person who has been
convicted of or has a program entry for
certain criminal offenses involving
dishonesty or breach of trust from
participating in the affairs of an insured
credit union. The final rule will expand
career opportunities for individuals to
work and volunteer at insured credit
unions. The Board also rescinds IRPS
19–1.
[FR Doc. 2024–22081 Filed 9–27–24; 8:45 am]
]]>Agencies
[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Rules and Regulations]
[Pages 79374-79380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22081]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2022-BT-STD-0015]
RIN 1904-AF34
Energy Conservation Program: Energy Conservation Standards for
Air-Cooled Commercial Package Air Conditioners and Heat Pumps
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Direct final rule; confirmation of effective and compliance
dates.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') published a direct
final rule to establish amended energy conservation standards for air-
cooled commercial package air conditioners and heat pumps with a rated
cooling capacity greater than or equal to 65,000 Btu/h in the Federal
Register on May 20, 2024. DOE has determined that the comments received
in response to the direct final rule do not provide a reasonable basis
for withdrawing the direct final rule. Therefore, DOE provides this
document confirming the effective and compliance dates of those
standards.
DATES: The effective date of September 17, 2024, for the direct final
rule published on May 20, 2024, (89 FR 44052) is confirmed. Compliance
with the standards established in the direct final rule will be
required on and after January 1, 2029.
ADDRESSES: The docket for this rulemaking, which includes Federal
Register notices, public meeting attendee lists and transcripts,
comments, and other supporting documents/materials, is available for
review at www.regulations.gov. All documents in the docket are listed
in the 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.
The docket web page can be found at www.regulations.gov/docket/EERE-2022-BT-STD-0015. The docket webpage contains instructions on how
to access all documents, including public comments, in the docket.
For further information on how to submit a comment or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected].
FOR FURTHER INFORMATION CONTACT:
[[Page 79375]]
Dr. Pradeep Prathibha, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(240) 255-0630. Email: [email protected].
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-4798. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority
II. Air-Cooled Commercial Unitary Air Conditioners and Heat Pumps
Direct Final Rule
A. Background
III. Comments on the Direct Final Rule
A. General Comments
B. Certification
IV. Impact of Any Lessening of Competition
V. Conclusion
I. Authority
The Energy Policy and Conservation Act, Public Law 94-163, as
amended (``EPCA''),\1\ authorizes DOE to issue a direct final rule
establishing an energy conservation standard for covered equipment on
receipt of a statement submitted jointly by interested persons that are
fairly representative of relevant points of view (including
representatives of manufacturers of covered equipment, States, and
efficiency advocates), as determined by the Secretary of Energy
(``Secretary''), that contains recommendations with respect to an
energy or water conservation standard that are in accordance with the
provisions of 42 U.S.C. 6295(o) or 42 U.S.C. 6313(a)(6)(B), as
applicable. (42 U.S.C. 6316(b)(1); 42 U.S.C. 6295(p)(4))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
---------------------------------------------------------------------------
The direct final rule must be published simultaneously with a
notice of proposed rulemaking (``NOPR'') that proposes an energy or
water conservation standard that is identical to the standard
established in the direct final rule, and DOE must provide a public
comment period of at least 110 days on this proposal. (42 U.S.C.
6316(b)(1); 42 U.S.C. 6295(p)(4)(A)-(B)) Not later than 120 days after
issuance of the direct final rule, DOE shall withdraw the direct final
rule if: (1) DOE receives one or more adverse public comments relating
to the direct final rule or any alternative joint recommendation; and
(2) based on the rulemaking record relating to the direct final rule,
DOE determines that such adverse public comments or alternative joint
recommendation may provide a reasonable basis for withdrawing the
direct final rule. (42 U.S.C. 6316(b)(1); 42 U.S.C. 6295(p)(4)(C)) If
DOE makes such a determination, DOE must proceed with the NOPR
published simultaneously with the direct final rule and publish in the
Federal Register the reasons why the direct final rule was withdrawn.
(Id.)
After review of comments received, DOE has determined that it did
not receive any adverse comments providing a basis for withdrawal
described above for the direct final rule that is the subject of this
document. As such, DOE did not withdraw this direct final rule and
allowed it to become effective. Although not required under EPCA, where
DOE does not withdraw a direct final rule, DOE customarily publishes a
summary of the comments received during the 110-day comment period and
its responses to those comments. This document contains such a summary,
as well as DOE's responses to the comments.
II. Air-Cooled Commercial Unitary Air Conditioners and Heat Pumps
Direct Final Rule
A. Background
Small, large, and very large commercial package air conditioning
and heating equipment are covered equipment under EPCA. (42 U.S.C.
6311(1)(B)-(D)) Such equipment includes as equipment categories air-
cooled commercial unitary air conditioners with a rated cooling
capacity greater than or equal to 65,000 Btu/h and less than 760,000
Btu/h (``ACUACs'') and air-cooled commercial unitary heat pumps with a
rated cooling capacity greater than or equal to 65,000 Btu/h and less
than 760,000 Btu/h (``ACUHPs'') (excluding double-duct air conditioners
and heat pumps), which are the subject of this rulemaking.\2\
---------------------------------------------------------------------------
\2\ While ACUACs and ACUHPs with rated cooling capacity less
than 65,000 Btu/h are included in the broader category of commercial
unitary air conditioners and heat pumps (``CUACs and CUHPs''), they
are not addressed in this rulemaking. The standards for ACUACs and
ACUHPs with rated cooling capacity less than 65,000 Btu/h have been
addressed in a separate rulemaking (see Docket No. EERE-2022-BT-STD-
0008). Additionally, while double-duct air conditioners and heat
pumps are air-cooled commercial package air conditioning and heating
equipment, they are not addressed in this rulemaking. Double-duct
systems will be addressed in a separate rulemaking process.
Accordingly, all references within this direct final rule to ACUACs
and ACUHPs exclude equipment with rated cooling capacity less than
65,000 Btu/h and double-duct systems.
---------------------------------------------------------------------------
In a direct final rule published in the Federal Register on January
15, 2016 (``January 2016 Direct Final Rule''), DOE prescribed the
current energy conservation standards for ACUACs and ACUHPs
manufactured on and after January 1, 2023.\3\ 81 FR 2420. These
standards are set forth in DOE's regulations at title 10 of the Code of
Federal Regulations (``CFR'') section 431.97(b).
---------------------------------------------------------------------------
\3\ The January 2016 Direct Final Rule adopted a two-tiered
standard approach that applied a first tier of minimum efficiency
levels for compliance on January 1, 2018, and a second tier of
higher minimum efficiency levels for compliance on January 1, 2023.
81 FR 2420, 2489-2490, 2531 (Jan. 15, 2016).
---------------------------------------------------------------------------
DOE's current energy conservation standards are expressed in terms
of integrated energy efficiency ratio (``IEER'') for the cooling
efficiency of ACUACs and ACUHPs, and in terms of coefficient of
performance (``COP'') for the heating efficiency of ACUHPs. (See 10 CFR
431.97(b)) To demonstrate compliance with the current energy
conservation standards, manufacturers must use the test procedure
provided at 10 CFR part 431, subpart F, appendix A (``appendix A''),
Uniform Test Method for the Measurement of Energy Consumption of
Commercial Package Air Conditioning and Heating Equipment (Excluding
Air-Cooled Equipment With a Cooling Capacity Less Than 65,000 Btu/h).
Since publication of the January 2016 Direct Final Rule, the
American Society of Heating, Refrigerating, and Air-Conditioning
Engineers (``ASHRAE'') published an updated version of ASHRAE Standard
90.1 (``ASHRAE Standard 90.1-2016''), which updated the minimum
efficiency levels for ACUACs and ACUHPs to align with the first tier of
minimum efficiencies adopted by DOE in the January 2016 Direct Final
Rule (which had a compliance date of January 1, 2018). ASHRAE
subsequently published another updated version of ASHRAE Standard 90.1
(``ASHRAE Standard 90.1-2019''), which updated the minimum efficiency
levels for ACUACs and ACUHPs to align with both tiers adopted by DOE in
the January 2016 Direct Final Rule (i.e., specifying two tiers of
minimum levels for ACUACs and ACUHPs, with a January 1, 2023,
compliance date for the second tier).\4\
---------------------------------------------------------------------------
\4\ ASHRAE Standard 90.1-2022 was published in January 2023, but
it did not affect the standards being considered in this rulemaking
or trigger DOE for this equipment.
---------------------------------------------------------------------------
[[Page 79376]]
On May 12, 2020, DOE began its six-year-lookback review for ACUACs
and ACUHPs by publishing in the Federal Register an energy conservation
standards (``ECS'') request for information (``RFI'') (referred to
hereafter as the ``May 2020 ECS RFI'').\5\ 85 FR 27941. The May 2020
ECS RFI sought information to help DOE inform its decisions, consistent
with its obligations under EPCA. DOE received multiple comments from
interested stakeholders in response to the May 2020 ECS RFI, which
prompted DOE to publish a test procedure and energy conservation notice
RFI (referred to hereafter as the ``May 2022 TP/ECS RFI'') in the
Federal Register on May 25, 2022, to investigate additional aspects of
the ACUAC and ACUHP test procedure and energy conservation standards.
87 FR 31743.
---------------------------------------------------------------------------
\5\ The May 2020 ECS RFI also addressed commercial warm air
furnaces, a separate type of covered equipment which was
subsequently handled in a different rulemaking proceeding (see
Docket No. EERE-2019-BT-STD-0042 in www.regulations.gov).
---------------------------------------------------------------------------
On July 29, 2022, DOE published in the Federal Register a notice of
intent to establish a working group for commercial unitary air
conditioners and heat pumps to negotiate proposed test procedures and
amended energy conservation standards for this equipment (``July 2022
Notice of Intent''). 87 FR 45703. The Appliance Standards and
Rulemaking Federal Advisory Committee (``ASRAC'') established the ASRAC
ACUAC/HP Working Group (hereinafter referred to as ``the ACUAC/HP
Working Group'') in accordance with the Federal Advisory Committee Act
(``FACA'') (5 U.S.C. App 2) and the Negotiated Rulemaking Act (``NRA'')
(5 U.S.C. 561-570, Pub. L. 104-320). The purpose of the ACUAC/HP
Working Group was to discuss, and if possible, reach consensus on
recommended amendments to the test procedures and energy conservation
standards for ACUACs and ACUHPs. The ACUAC/HP Working Group consisted
of 14 voting members, including DOE. (See appendix A, Working Group
Members, Document No. 65 in Docket No. EERE-2022-BT-STD-0015) On
December 15, 2022, the ACUAC/HP Working Group signed a term sheet
(``ACUAC/HP Working Group TP Term Sheet'') of recommendations regarding
ACUAC and ACUHP test procedures, including two new efficiency metrics:
integrated ventilation, economizing, and cooling (``IVEC'') and
integrated ventilation and heating efficiency (``IVHE''). (See Id.)
The ACUAC/HP Working Group met five times to discuss energy
conservation standards for ACUACs and ACUHPs. These meetings took place
on February 22-23, March 21-22, April 12-13, April 26-27, and May 1,
2023. As a result of these efforts, the ACUAC/HP Working Group
successfully reached consensus on recommended energy conservation
standards in terms of the new IVEC and IVHE metrics for ACUACs and
ACUHPs. On May 1, 2023, the ACUAC/HP Working Group signed a term sheet
(``ACUAC/HP Working Group ECS Term Sheet'') outlining its
recommendations regarding ACUAC and ACUHP standards in terms of the new
efficiency metrics, IVEC and IVHE, which ASRAC approved on October 17,
2023.\6\
---------------------------------------------------------------------------
\6\ The ACUAC/HP Working Group ECS Term Sheet is available at
www.regulations.gov/document/EERE-2022-BT-STD-0015-0087.
---------------------------------------------------------------------------
DOE determined that the ACUAC/ACUHP Working Group statement
containing recommendations with respect to energy conservation
standards for ACUACs and ACUHPs were in accordance with the statutory
requirements of 42 U.S.C. 6295(p)(4)(A); 42 U.S.C. 6316(b)(1) for the
issuance of a direct final rule and published a direct final rule in
the Federal Register on May 20, 2024 (``May 2024 Direct Final Rule'').
89 FR 44052, 44064-44065. DOE simultaneously published a final rule in
the Federal Register amending the current test procedure, Appendix A,
to incorporate by reference the most recent version of the industry
test procedure, AHRI 340/360-2022, for ACUACs, ACUHPs, evaporatively-
cooled commercial unitary air conditioners (``ECUACs''), and water-
cooled commercial unitary air conditioners (``WCAUCs'') and
establishing a new test procedure appendix A1 to subpart F of 10 CFR
431.96 (``appendix A1'') referencing a new industry test procedure,
AHRI 1340-2023, for any standards denominated in terms of IVEC and
IVHE. (``May 2024 TP Final Rule''). 89 FR 43986 (May 20, 2024).
Accordingly, DOE adopted the recommended efficiency levels for ACUACs
and ACUHPs as the amended standard levels in the May 2024 Direct Final
Rule. 89 FR 44052, 44135 (May 20, 2024).
The standards adopted in the May 2024 Direct Final Rule apply to
the equipment classes listed in table II.1 and that are manufactured
in, or imported into, the United States starting on January 1, 2029.
The May 2024 Direct Final Rule provides a detailed discussion of DOE's
analysis of the benefits and burdens of the amended standards pursuant
to the criteria set forth in EPCA. Id. at 89 FR 44124-44134.
Table II.1--Energy Conservation Standards for ACUACs and ACUHPs
[Compliance Starting January 1, 2029]
----------------------------------------------------------------------------------------------------------------
Supplementary heating
Cooling capacity Subcategory type Minimum efficiency
----------------------------------------------------------------------------------------------------------------
>=65,000 Btu/h and <135,000 Btu/h... AC Electric Resistance IVEC = 14.3
Heating or No Heating. IVEC = 13.8
All Other Types of
Heating.
HP All Types of Heating.. IVEC = 13.4
IVHE = 6.2
>=135,000 Btu/h and <240,000 Btu/h.. AC Electric Resistance IVEC = 13.8
Heating or No Heating. IVEC = 13.3
All Other Types of
Heating.
HP All Types of Heating.. IVEC = 13.1
IVHE = 6.0
>=240,000 Btu/h and <760,000 Btu/h.. AC Electric Resistance IVEC = 12.9
Heating or No Heating. IVEC = 12.2
All Other Types of
Heating.
HP All Types of Heating.. IVEC = 12.1
IVHE = 5.8
----------------------------------------------------------------------------------------------------------------
As required by EPCA, DOE also simultaneously published a NOPR
proposing the identical standard levels contained in the May 2024
Direct Final Rule. 89 FR 43770 (May 20, 2024). DOE considered whether
any adverse
[[Page 79377]]
comment received during the 110-day comment period following the
publication of the May 2024 Direct Final Rule provided a reasonable
basis for withdrawal of the direct final rule under the provisions in
42 U.S.C. 6295(p)(4)(C) and 42 U.S.C. 6316(b)(1).
III. Comments on the Direct Final Rule
As discussed in section I of this document, not later than 120 days
after publication of a direct final rule, DOE shall withdraw the direct
final rule if: (1) DOE receives one or more adverse public comments
relating to the direct final rule or any alternative joint
recommendation; and (2) based on the rulemaking record relating to the
direct final rule, DOE determines that such adverse public comments or
alternative joint recommendation may provide a reasonable basis for
withdrawing the direct final rule. (42 U.S.C. 6316(b)(1); 42 U.S.C.
6295(p)(4)(C)(i))
DOE received comments in response to the May 2024 Direct Final Rule
from the interested parties listed in table III.1.
Table III.1--List of Commenters With Written Submissions in Response to the May 2024 Direct Final Rule
----------------------------------------------------------------------------------------------------------------
Comment No. in the
Commenter(s) Abbreviation docket Commenter type
----------------------------------------------------------------------------------------------------------------
Julian Anderson.............. Anderson................... 102................. Individual.
Anonymous.................... Anonymous.................. 103................. Individual.
Appliance Standards Awareness ASAP, ACEEE, and NEEA...... 106................. Efficiency Advocacy
Project, the American Organizations.
Council for an Energy-
Efficient Economy, and the
Northwest Energy Efficiency
Alliance.
Pacific Gas and Electric CA IOUs.................... 104 * and 105....... Utilities.
Company (PG&E), San Diego
Gas and Electric (SDG&E),
and Southern California
Edison (SCE) (collectively
referred to as the
California Investor-Owned
Utilities).
----------------------------------------------------------------------------------------------------------------
* The CA IOUs submitted a duplicate comment in response to the NOPR that accompanied the direct final rule.
Therefore, both comment submissions are included in this table.
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\7\
The following sections discuss the substantive comments DOE received on
the May 2024 Direct Final Rule, as well as DOE's determination that the
comments do not provide a reasonable basis for withdrawal of the direct
final rule.
---------------------------------------------------------------------------
\7\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
energy conservation standards for the subject ACUACs and ACUHPs.
(Docket No. EERE-2022-BT-STD-0015, which is maintained at:
www.regulations.gov). The references are arranged as follows:
(commenter name, comment docket ID number at page of that document).
---------------------------------------------------------------------------
A. General Comments
ASAP, ACEEE, and NEEA and the CA IOUs supported the standards in
the May 2024 Direct Final Rule, as they align with the levels
prescribed in Recommendation #1 of the ACUAC/HP Working Group ECS Term
Sheet. (ASAP, ACEEE, and NEEA, No. 106 at p. 1; CA IOUs, Nos. 104 and
105 at pp. 1-2) The CA IOUs supported the effective date of January 1,
2029, for these standards. (CA IOUs, Nos. 104 and 105 at p. 2)
ASAP, ACEEE, and NEEA commented that the new efficiency metrics,
IVEC and IVHE, would improve the representativeness of the efficiency
ratings and better capture the total energy consumption of the cooling
and heating seasons. (ASAP, ACEEE, and NEEA, No. 106 at p. 1) ASAP,
ACEEE, and NEEA commented that the standards would reduce national
energy consumption, cut carbon emissions, and provide net present value
savings for consumers. (Id.) ASAP, ACEEE, and NEEA commented that
small-capacity ACUACs have the largest market share and would use
almost 23 percent less energy with the amended standards than ones just
meeting the current standard. (Id.) ASAP, ACEEE, and NEEA further
commented that the amended standards would provide large life-cycle
cost savings for consumers, with short payback periods relative to the
lifetime of ACUACs and ACUHPs. (Id. at p. 2)
Anderson supported the May 2024 Direct Final Rule, stating that it
would be the next step towards greater energy efficiency and emissions
reductions and that it would drive innovation to support economic
savings and a more sustainable environment. (Anderson, No. 102 at p. 1)
DOE agrees with these comments which are in accord with the amended
standards set forth in the May 2024 Direct Final Rule.
An anonymous commenter stated that ASHRAE 241 standards or better
must be adopted. (Anonymous, No. 103 at p. 1)
In response to the anonymous commenter, ASHRAE Standard 241,
Control of Infectious Aerosols, (``ASHRAE 241'') addresses the design,
installation, commissioning, and maintenance of HVAC systems to control
the spread of infectious aerosols. As such, the provisions of ASHRAE
241 are outside the scope of consideration for this rulemaking.
Therefore, DOE has determined that the comment regarding adoption of
ASHRAE 241 provided by this anonymous commenter does not provide a
reasonable basis to withdraw the May 2024 Direct Final Rule.
B. Certification
The CA IOUs urged DOE to initiate a certification rulemaking at its
earliest convenience such that Recommendation #2 of the ACUAC/HP
Working Group ECS Term Sheet could be implemented allowing for
certification of ACUACs and ACUHPs using the new metrics and reporting
fields. (CA IOUs, No. 104 and 105 at p. 2) The CA IOUs specifically
requested that manufacturers publicly certify the crankcase heat
wattage for each compressor stage, and the 5 [deg]F heating capacity
and COP, if applicable. (Id.) The CA IOUs commented that the early
implementation of a certification rulemaking would clarify the
certification requirements and process and facilitate early compliance
for manufacturers before the amended standards' effective date of
January 1, 2029. (Id.)
In response, DOE acknowledges that certification data will be
required for ACUACs and ACUHPs; however, DOE did not amend the existing
or adopt new certification or reporting requirements for ACUACs and
ACUHPs in the May 2024 Direct Final Rule. 89 FR 44052, 44132 (May 20,
2024). Instead, DOE may consider proposals to establish associated
certification requirements and reporting for ACUACs and ACUHPs under a
separate, future rulemaking regarding appliance and equipment
certification.
[[Page 79378]]
IV. Impact of Any Lessening of Competition
EPCA directs DOE to consider the impact of any lessening of
competition, as determined in writing by the Attorney General of the
United States (``Attorney General''), that is likely to result from a
standard. (42 U.S.C. 6316(b)(1); 42 U.S.C. 6295(p)(4)(A)(i); 42 U.S.C.
6313(a)(6)(B)(ii)(V)) To assist the Attorney General in making this
determination, DOE provided the Department of Justice (``DOJ'') with
copies of the May 2024 Direct Final Rule, the corresponding NOPR, and
the May 2024 DirectFinal Rule Technical Support Document for review.
DOE has published DOJ's comments at the end of this document in
appendix A.
In its letter responding to DOE, DOJ concluded that, based on its
review, the proposed energy conservation standards in the Direct Final
Rule are unlikely to have a significant adverse impact on competition.
V. Conclusion
In summary, based on the previous discussion, DOE has determined
that the comments received in response to the direct final rule for
amended energy conservation standards for the subject ACUACs and ACUHPs
do not provide a reasonable basis for withdrawal of the direct final
rule. As a result, the energy conservation standards set forth in the
direct final rule became effective on September 17, 2024. Compliance
with these standards is required on and after January 1, 2029.
Signing Authority
This document of the Department of Energy was signed on September
20, 2024, by Jeffrey Marootian, Principal Deputy Assistant Secretary
for Energy Efficiency and Renewable Energy, pursuant to delegated
authority from the Secretary of Energy. That document with the original
signature and date is maintained by DOE. For administrative purposes
only, and in compliance with requirements of the Office of the Federal
Register, the undersigned DOE Federal Register Liaison Officer has been
authorized to sign and submit the document in electronic format for
publication, as an official document of the Department of Energy. This
administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.
Signed in Washington, DC, on September 23, 2024.
Treena V. Garrett
Federal Register Liaison Officer, U.S. Department of Energy.
Note: The following appendix will not appear in the Code of
Federal Regulations.
Appendix A
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[FR Doc. 2024-22081 Filed 9-27-24; 8:45 am]
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